[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Proposed Rules]
[Pages 38811-38840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15889]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2013-0748; FRL-9906-56-OAR]
RIN 2060-AS04
Protection of Stratospheric Ozone: Listing of Substitutes for
Refrigeration and Air Conditioning and Revision of the Venting
Prohibition for Certain Refrigerant Substitutes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the U.S. Environmental Protection Agency's
Significant New Alternatives Policy program, this action proposes to
list a number of flammable refrigerants as acceptable substitutes,
subject to use conditions, for ozone-depleting substances in several
end-uses: Household refrigerators and freezers, stand-alone commercial
refrigerators and freezers, very low temperature refrigeration, non-
mechanical heat transfer, vending machines, and room air conditioning
units. This action also proposes to exempt from Clean Air Act Section
608's prohibition on venting, release, or disposal the hydrocarbon
refrigerant substitutes that we are proposing to list in this action as
acceptable subject to use conditions in specific end-uses. We are
proposing this exemption on the basis of current evidence that their
venting, release, or disposal would not pose a threat to the
environment.
DATES: Comments must be received on or before September 8, 2014. Any
party requesting a public hearing must notify the contact listed below
under FOR FURTHER INFORMATION CONTACT by 5 p.m. eastern daylight time
on July 24, 2014. If a hearing is held, it will take place on or about
August 8, 2014 in Washington, DC and further information will be
provided on EPA's Stratospheric Ozone Web site at www.epa.gov/ozone/snap.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0748, by one of the following methods:
www.regulations.gov. Follow the on-line instructions for
submitting comments.
Email: [email protected].
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mail Code 6102T, 1200 Pennsylvania Ave. NW., Washington, DC
20460, Attention Docket ID No. EPA-HQ-OAR-2013-0748.
Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC, Attention Docket ID
No. EPA-HQ-OAR-2013-0748. 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-
2013-0748. 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 and any form of
encryption, and should be free of any defects or viruses. For
additional instructions on submitting comments, go to Section I.B. of
the SUPPLEMENTARY INFORMATION section of this document.
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, i.e., 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 in 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, Mail Code 6205J,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number (202) 343-9163; fax number (202)
343-2338, email address: [email protected]. Notices and
rulemakings under EPA's Significant New Alternatives Policy (SNAP)
program are available on EPA's Stratospheric Ozone Web site at
www.epa.gov/ozone/snap/regs.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Background
B. Does this action apply to me?
C. What should I consider as I prepare my comments for EPA?
D. What acronyms and abbreviations are used in the preamble?
II. How does the Significant New Alternatives Policy (SNAP) program
work?
A. What are the statutory requirements and authority for the
SNAP program?
B. What is EPA's regulation implementing section 612?
C. How do the regulations for the SNAP program work?
D. Where do I find additional information about the SNAP
program?
III. What substitutes in what end-uses are considered in this
proposed rule?
[[Page 38812]]
A. What listing decisions is EPA proposing in this action?
B. What are ethane, isobutane, propane, HFC-32, R-441A, and the
ASHRAE classifications for refrigerant flammability?
C. What end-uses are included in EPA's proposed decision?
IV. What criteria did EPA consider in determining whether to propose
to list the substitutes as acceptable and in determining appropriate
use conditions and how does EPA consider those criteria?
A. Effects on the Environment
B. Flammability and Fire Safety
C. Toxicity
V. Why is EPA proposing these specific use conditions?
A. New Equipment Only; Not Intended for Use as a Retrofit
Alternative
B. Standards
C. Charge Size
D. Color-Coded Hoses and Piping
E. Labeling
F. Other Options Not Included
VI. How is EPA proposing to address venting, release, or disposal of
the refrigerant substitutes proposed to be listed under section 608
of the Clean Air Act?
A. What are the statutory requirements concerning venting,
release, or disposal of refrigerants and refrigerant substitutes
under section 608 of the Clean Air Act?
B. What are EPA's regulations concerning venting, releasing or
disposing of refrigerant substitutes?
C. What revision to the venting prohibition has EPA recently
issued?
D. What is EPA's proposed determination regarding whether
venting of hydrocarbons to be listed as acceptable subject to use
conditions in the end-uses proposed in this NPRM poses a threat to
the environment?
E. What is EPA proposing regarding venting, release, or disposal
of refrigerant substitutes, other than hydrocarbons, included in our
proposed decision?
VII. What recommendations does EPA have for safe use of the proposed
flammable substitute refrigerants?
VIII. 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
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 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
IX. References
I. General Information
A. Background
This rule lists as acceptable subject to use conditions a number of
flammable refrigerant substitutes that EPA believes present overall
lower risk to human health and the environment compared to other
available or potentially available alternatives in the same end-uses.
The proposed refrigerants include one hydrofluorocarbon (HFC)
refrigerant--HFC-32--and four hydrocarbon refrigerants--ethane,
isobutane, propane, and R-441A. This proposed rule, if finalized as
proposed, would list one or more of these substitutes as acceptable
subject to use conditions in a number of stationary air conditioning
(AC) and refrigeration end-uses under the SNAP program, including:
household refrigerators and freezers, retail food refrigeration, very
low temperature refrigeration, non-mechanical heat transfer, vending
machines, and residential and light commercial AC and heat pumps. The
use conditions would set requirements to ensure that these substitutes
do not present significantly greater risk in the end-use than other
substitutes that are currently or potentially available.
All of the end-uses proposed in this rule are for stationary
refrigeration or AC; EPA previously addressed flammable refrigerants in
motor vehicle air conditioning (MVAC). On June 13, 1995, at 60 FR
31092, the Agency found all flammable substitutes to be unacceptable
for use in MVAC unless specifically listed as acceptable subject to use
conditions because of flammability risks and the lack of sufficient
risk assessment and sufficient information to demonstrate safe use in
that end-use at that time. 40 CFR Part 82, Subpart G, Appendix B. Some
of these risks are unique to motor vehicles. In recent years, EPA has
listed three low global warming potential (GWP) refrigerants as
acceptable subject to use conditions for motor vehicles (i.e., R-152a,
R-1234yf, and R-744).\1\
---------------------------------------------------------------------------
\1\ Two of these refrigerants are flammable, although less
flammable than hydrocarbons. Under 40 CFR part 82, Subpart G,
Appendix B, all other flammable substitutes remain unacceptable for
use in MVAC because EPA has not taken action to specifically list
them as acceptable subject to use conditions.
---------------------------------------------------------------------------
This proposed rule responds to a number of SNAP submissions for
four hydrocarbon refrigerants and HFC-32 and also lists some of these
refrigerants as acceptable subject to use conditions in the same end-
uses. Additionally, this action proposes to exempt from Section 608's
prohibition on venting, release, or disposal, the four hydrocarbon
refrigerant substitutes that we are proposing to list as acceptable
subject to use conditions in specific end-uses, on the basis of current
evidence that their venting, release, or disposal does not pose a
threat to the environment. Note that other environmental regulatory
requirements still apply. For example, for those refrigerants that are
volatile organic compounds (VOC) as defined in 40 CFR 50.100(s), i.e.,
isobutane, propane, and R-441A,\2\ a State might adopt additional
control strategies if necessary for an ozone nonattainment area to
attain the National Ambient Air Quality Standard (NAAQS) for ozone.
---------------------------------------------------------------------------
\2\ Both ethane and HFC-32 are not VOC under the definition at
40 CFR 51.100(s).
---------------------------------------------------------------------------
With the exception of HFC-32, the refrigerants proposed acceptable
subject to use conditions in this action are hydrocarbons or blends
consisting solely of hydrocarbons. Hydrocarbon refrigerants have been
in use for over 15 years in countries such as Germany, the United
Kingdom, Australia, and Japan in household and commercial refrigerators
and freezers. To a lesser extent, hydrocarbon refrigerants have also
been used internationally in small AC units such as mini-splits and
portable room air conditioners.
Because hydrocarbon refrigerants have zero ozone depletion
potential (ODP) and very low GWPs compared to most other refrigerants,
many companies recently have expressed interest in using hydrocarbons
in the United States. Also, some companies have reported improved
energy efficiency with hydrocarbon refrigerants (A.S. Trust & Holdings,
2012; A/S Vestfrost, 2012; CHEAA, 2013).
In a final rule in the Federal Register on December 20, 2011 at 76
FR 78832, EPA's SNAP program listed isobutane and R-441A as acceptable
subject to use conditions in household refrigerators, freezers, and
combination refrigerators and freezers and found propane acceptable
subject to use conditions in retail food refrigerators and freezers
(stand-alone units only). In this action, EPA is considering isobutane,
propane, and R-441A for different end-uses.
There is interest in use of HFC-32 (difluoromethane, Chemical
Abstracts Service Registry Number [CAS Reg. No.] 75-10-5) in
residential AC systems and heat pumps because it has a GWP of 675,
which is lower than the GWPs of hydrochlorofluorocarbon (HCFC)-22
(1,810) and most other HFC-based refrigerants (approximately 1,500 to
4,000). It also has mild flammability compared to hydrocarbon
refrigerants. Mini-split systems using HFC-32 are
[[Page 38813]]
now being sold in Japan and are being introduced in India and
Indonesia.
This action proposes to list one or more of these five lower-GWP
refrigerant substitute options as acceptable subject to use conditions
in the end-uses identified previously. This is a regular update to
EPA's lists of acceptable substitutes through the SNAP program under
the authority of Section 612 of the Clean Air Act.
This action also responds to a call in the Climate Action Plan
announced June 2013 for EPA to ``use its authority through the
Significant New Alternatives Policy Program to encourage private sector
investment in low-emissions technology by identifying and approving
climate-friendly chemicals'' (Climate Action Plan, 2013). This rule
proposes to approve a number of climate-friendly alternatives for
various kinds of refrigeration and AC equipment, as discussed below.
This is the first listing action EPA has taken since the Climate Action
Plan was issued.
This action, if finalized, would expand the menu of available
climate-friendly alternatives. Many of these alternatives can
substitute both for ozone-depleting substances and for high-GWP HFCs.
Using low-GWP alternatives instead of high-GWP HFCs would reduce
climate-damaging emissions. Use and emissions of HFCs is rapidly
increasing because they are the primary substitutes for ozone-depleting
substances in many of the largest end-uses, and because use is growing
worldwide, mostly as a result of increased demand for refrigeration and
AC, particularly in developing countries. Although they represent a
small fraction of current total greenhouse gas (GHG) emissions, their
warming impact is hundreds to thousands of times higher than that of
CO2 and other GHGs and their emissions are projected to
increase significantly over the next several decades, if left
unregulated. In the United States, emissions of HFCs are expected to
double from current levels of 1.5 percent of greenhouse gas emissions
to 3 percent by 2020 and nearly triple by 2030.\3\
---------------------------------------------------------------------------
\3\ Climate Change and President Obama's Action Plan. June,
2013. Available online at www.whitehouse.gov/share/climate-action-plan
---------------------------------------------------------------------------
HFCs are rapidly accumulating in the atmosphere. For example, the
atmospheric concentration of HFC-134a, the most abundant HFC, has
increased by about 10% per year from 2006 to 2012, and concentrations
of HFC-143a and HFC-125 have risen over 13% and 16% per year from 2007-
2011, respectively (Montzka, 2012; NOAA, 2013).
This action proposes to find acceptable, for specific end-uses and
subject to use conditions, several alternatives that have GWPs
significantly lower than both the ozone-depleting substances (ODS) and
HFC substitute refrigerants currently used in those end-uses. For
example, this action, if finalized, would allow the use of isobutane
(R-600a) and the hydrocarbon blend R-441A in stand-alone commercial
refrigerators. The GWPs \4\ of these hydrocarbon refrigerants are less
than 10, while HFCs typically used in this end-use--HFC-134a and R-404A
(a blend of three HFCs)--have GWPs of 1,430 and approximately 3,920,
respectively. In addition, this action proposes to find propane (R-290)
acceptable for use in household refrigerator-freezers, subject to use
conditions. The GWP of R-290 is 3.3 compared to the GWP of 1430 for
HFC-134a, which is typically used in such equipment at present in the
U.S. Finally, this action, if finalized, would allow for the use of
propane, R-441A, and difluoromethane (HFC-32) in stand-alone room air
conditioners. These alternatives have GWPs of 675 or less and could
replace the use of R-410A (a blend of two HFCs), which has a GWP of
approximately 2,090. ODS replaced in the end-uses in this rule include
chlorofluorocarbon (CFC)-12 (ODP \5\ of 1 and GWP of 10,900), R-13B1
(also known as bromotrifluoromethane or halon 1301, with ODP of 10 and
GWP of 7,140), CFC-113 (ODP of 0.8 and GWP of 6,130), R-502 (a blend of
CFC-115 and HCFC-22, with ODP of 0.334 and GWP of 4,660), and HCFC-22
(ODP of 0.055 and GWP of 1,810).
---------------------------------------------------------------------------
\4\ GWPs for HFC-134a, HFC-32, the component HFCs comprising R-
404A and R-410A, propane and ethane are listed in 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., D. Qin, M.
Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller
(eds.)]. Cambridge University Press, Cambridge, United Kingdom and
New York, NY, USA. This document is accessible at www.ipcc.ch/
publications_and_data/ar4/wg1/en/contents.html. GWPs for isobutane
and R-441A were provided by the submitters to EPA and they are
consistent with available information for their components and the
range of GWPs found for other hydrocarbons in IPCC, 2007. For
refrigerant blends, EPA has taken the 100-year integrated time
horizon GWP from IPCC, 2007 for the component compounds and
multiplied them by the weight fraction of each component in the
blend to obtain an approximate GWP. Unless otherwise stated, GWPs
stated in this document are 100-year integrated time horizon values
taken from IPCC, 2007.
\5\ Unless otherwise stated, the ODP values used in this
document are those published in appendices A and B to subpart A of
40 CFR part 82. For refrigerant blends, EPA has taken the ODPs for
the component compounds and multiplied them by the weight fraction
of each component in the blend to obtain an approximate ODP.
---------------------------------------------------------------------------
B. Does this action apply to me?
This notice of proposed rulemaking (NPRM) would list the following
flammable refrigerants as acceptable subject to use conditions for use
in specific end-uses within the refrigeration and AC sector: ethane (R-
170), HFC-32 (R-32), isobutane (R-600a), propane (R-290), and the
hydrocarbon blend R-441A. Types of residential and light commercial AC
equipment addressed in this NPRM include window AC units; packaged
terminal AC units and heat pumps; and portable room AC units. Types of
refrigeration equipment include stand-alone commercial refrigerators
and freezers (retail food refrigeration), very low temperature
freezers, thermosiphons (non-mechanical transfer equipment), household
refrigerators and freezers, and vending machines.
Table 1 identifies the potential entities that may wish to use
ethane, HFC-32, R-441A, isobutane, propane, and other flammable
refrigerants in these end-uses.
Table 1--Potentially Regulated Entities by North American Industrial
Classification System (NAICS) Code or Subsector
------------------------------------------------------------------------
NAICS code or Description of regulated
Category subsector entities
------------------------------------------------------------------------
Industry.................. 325412 Pharmaceutical
Preparations (e.g.,
Capsules, Liniments,
Ointments, Tablets)
Manufacturing.
Industry.................. 333415 Manufacturers of
Refrigerators, Freezers,
and Other Refrigerating
or Freezing Equipment,
Electric or Other; Heat
Pumps Not Elsewhere
Specified or Included
(NESOI); and Parts
Thereof.
Industry.................. 443111 Appliance Stores:
Household-type.
Industry.................. 445120 Convenience Stores.
[[Page 38814]]
Industry.................. 445110 Supermarkets and Other
Grocery (except
Convenience) Stores.
Industry.................. 722211 Limited-Service
Restaurants.
Industry.................. 238220 Plumbing, Heating, and Air
Conditioning Contractors.
Industry.................. 811412 Appliance Repair and
Maintenance.
Industry.................. 423620 Household Appliances,
Electric Housewares, and
Consumer Electronics
Merchant Wholesalers.
Industry.................. 423740 Refrigeration Equipment
and Supplies Merchant
Wholesalers.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather a guide
regarding entities likely to adopt the substitutes whose use would be
regulated by this proposed 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.
C. What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI)
Do not submit confidential information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 Code of Federal Regulations (CFR) Part
2.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date, and
page number).
Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
D. What acronyms and abbreviations are used in the preamble?
Below is a list of acronyms and abbreviations used in this
preamble.
AC--air conditioning
ACGIH--American Conference of Governmental Industrial Hygienists
ACH--air changes per hour
AEGL--acute exposure guideline level
AHRI--Air Conditioning, Heating and Refrigeration Institute
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
BTU--British thermal unit
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification
Number
CBI--Confidential Business Information
CFC--chlorofluorocarbon
CFR--Code of Federal Regulations
CMAQ--Community Multiscale Air Quality
DOE--the United States Department of Energy
EO--Executive Order
EPA--the United States Environmental Protection Agency
FR--Federal Register
GHG--greenhouse gas
GWP--global warming potential
HCFC--hydrochlorofluorocarbon
HFC--hydrofluorocarbon
ICF--ICF International, Inc.
ICR--Information Collection Request
IEC--International Electrotechnical Commission
IPCC--Intergovernmental Panel on Climate Change
IPR--industrial process refrigeration
kJ--kilojoule
kPa--kilopascal
lb--pound
LFL--lower flammability limit
MSDS--Material Safety Data Sheet
MVAC--motor vehicle air conditioning
NAAQS--National Ambient Air Quality Standard
NAICS--North American Industrial Classification System
NIOSH--the United States National Institute for Occupational Safety
and Health
NOAEL--No Observed Adverse Effect Level
NPRM--Notice of Proposed Rulemaking
NTTAA--National Technology Transfer and Advancement Act
OEM--original equipment manufacturer
ODP--ozone depletion potential
ODS--ozone-depleting substance
OHA--Office of Hearing and Appeals
OMB--the United States Office of Management and Budget
OSHA--the United States Occupational Safety and Health
Administration
PEL--permissible exposure limit
PFC--perfluorocarbon
PMS--Pantone Matching System
ppb--parts per billion
ppm--parts per million
PRA--Paperwork Reduction Act
PTAC--packaged terminal air conditioner
PTHP--packaged terminal heat pump
REL--recommended exposure limit
RFA--Regulatory Flexibility Act
SBA--the United States Small Business Administration
SNAP--Significant New Alternatives Policy
STEL--short term exposure limit
TLV--threshold limit value
TSCA--Toxic Substances Control Act
TWA--time-weighted average
UL--Underwriters Laboratories Inc.
UMRA--Unfunded Mandates Reform Act
VOC--volatile organic compounds
II. How does the Significant New Alternatives Policy (SNAP) program
work?
A. What are the statutory requirements and authority for the SNAP
Program?
Section 612 of the Clean Air Act (CAA) requires EPA to develop a
program for evaluating alternatives to ODS. EPA refers to this program
as the Significant New Alternatives Policy (SNAP) program. The major
provisions of section 612 are the following:
1. Rulemaking
Section 612(c) requires EPA to promulgate rules making it unlawful
to replace any class I substance (chlorofluorocarbon, halon, carbon
tetrachloride, methyl chloroform, and hydrobromofluorocarbon) or class
II
[[Page 38815]]
substance (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 may be found at www.epa.gov/ozone/snap/lists, and the lists
of ``unacceptable,'' ``acceptable subject to use conditions,'' and
``acceptable subject to narrowed use limits'' substitutes are found in
the appendices to Subpart G of 40 CFR part 82 as well as at
www.epa.gov/ozone/snap/lists.
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 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 is EPA's regulation 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 eight 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.
Section 612 of the CAA instructs EPA to list as acceptable those
substitutes that present a lower overall risk to human health and the
environment as compared with other substitutes that are currently or
potentially available for a specific use.
C. How do the regulations for the SNAP program work?
Under the SNAP regulations, anyone who plans to market or produce a
substitute in one of the eight major industrial use sectors where class
I or class II substances have been used 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. 40 CFR 82.176(a). This
requirement applies to the persons planning to introduce the substitute
into interstate commerce,\6\ who typically are chemical manufacturers
but may include importers, formulators, equipment manufacturers, and
end users when they are responsible for introducing a substitute into
commerce.\7\ The CAA and the SNAP regulations, 40 CFR 82.174(a),
prohibit use of a substitute earlier than 90 days after notice has been
provided to the Agency. EPA considers that notice has been received
once EPA receives the submission and determines that the submission
includes complete and adequate data. 40 CFR 82.180(a). At that point,
the SNAP review begins.
---------------------------------------------------------------------------
\6\ 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.
\7\ 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.
---------------------------------------------------------------------------
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 \8\ (40 CFR 82.180(b)). Use conditions and narrowed
use limits are both considered ``use restrictions'' and are explained
below. Substitutes that are deemed acceptable with no use restrictions
(no use conditions or narrowed use limits) can be used for all
applications in the relevant end-uses within the sector. Substitutes
that are acceptable subject to use restrictions may be used only in
accordance with those restrictions.
---------------------------------------------------------------------------
\8\ The SNAP regulations also include ``pending,'' referring to
submissions for which EPA has not reached a determination under this
provision.
---------------------------------------------------------------------------
After reviewing a substitute, the Agency may make a determination
that a substitute is acceptable only if certain conditions are met in
the way that the substitute is used 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
section 612 of the CAA and EPA's SNAP regulations. 40 CFR 82.174(c).
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.'' 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. 40 CFR 82.174(c).
The Agency publishes its SNAP program decisions in the Federal
Register (FR). EPA publishes proposed decisions concerning substitutes
that are deemed acceptable subject to use restrictions (use conditions
and/or narrowed use limits), or substitutes deemed unacceptable, as
proposed rulemakings to provide the public providing an opportunity to
comment, before publishing final decisions.
[[Page 38816]]
In contrast, EPA publishes decisions concerning substitutes that
are deemed acceptable with no restrictions as ``notices of
acceptability'' or ``determinations of acceptability,'' rather than as
proposed and final rules. As described in the preamble to the rule
initially implementing the SNAP program in the Federal Register at 59
FR 13044 on March 18, 1994, 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.
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'' identified in the listing 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 do I find 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. 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 in the Federal
Register at 59 FR 13044 on March 18, 1994, codified at 40 CFR Part 82,
Subpart G. A complete chronology of SNAP decisions and the appropriate
citations is found at: www.epa.gov/ozone/snap/chron.html.
III. What substitutes in what end-uses are considered in this proposed
rule?
A. What listing decisions is EPA proposing in this action?
In this action, EPA proposes to list the following refrigerants as
acceptable substitutes, subject to use conditions, in the identified
end-uses.
1. Retail food refrigeration. EPA proposes to list isobutane (also
referred to as R-600a) and the hydrocarbon blend R-441A as acceptable
subject to use conditions as substitutes in retail food refrigeration
(new stand-alone commercial refrigerators and freezers only). EPA
proposes the following use conditions:
i. The quantity of the substitute refrigerant (i.e., ``charge
size'') must not exceed 150 grams (5.29 ounces);
ii. These refrigerants may be used only in new equipment designed
specifically and clearly identified for the refrigerant--i.e., none of
these substitutes may be used as a conversion or ``retrofit'' \9\
refrigerant for existing equipment;
---------------------------------------------------------------------------
\9\ Sometimes conversion refrigerant substitutes are
inaccurately referred to as ``drop in'' replacements.
---------------------------------------------------------------------------
iii. These refrigerants may be used only in stand-alone commercial
refrigerators and freezers that meet all requirements listed in
Supplement SB to the 10th edition of Underwriters Laboratories (UL)
Standard 471, dated November 24, 2010. In cases where the proposed rule
includes requirements more stringent than those of the 10th edition of
UL Standard 471, the appliance must meet the requirements of the rule,
as finalized;
iv. The refrigerator or freezer must have red Pantone Matching
System (PMS) 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;
v. The following markings, or the equivalent, must be 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.
With regard to the proposed use conditions, we note the following.
First, regarding the use of red marking for pipes, hoses and other
devices in proposed use condition iv., we discuss and solicit comment
on direct color application on the applicable parts of the system, such
as a red plastic sleeve, in Section V.D, ``Color-coded hoses and
piping.'' Discussion of application of red coloring for equipment
utilizing a process tube is also provided there. Second, regarding
proposed use condition v., the difference between this proposed
requirement and clauses SB6.1.2 to SB6.1.5 of UL Standard 471 is that
all of these markings must be in letters no less than 6.4 mm (\1/4\
inch) high. In UL 471, the markings are required to be no less than 3.2
mm (\1/8\ inch) high.
2. Very low temperature refrigeration and non-mechanical heat
transfer. EPA proposes to list ethane (also referred to as R-170), as
acceptable, subject to use conditions, in very low temperature
refrigeration equipment and in non-mechanical heat transfer, subject to
the same use conditions as described above for isobutane and R-441A in
stand-alone commercial refrigerators and freezers.
3. Household refrigerators and freezers. EPA proposes to list
propane (also referred to as R-290), as acceptable subject to use
conditions as a substitute in household refrigerators and freezers and
combination refrigerator/freezers subject to the following use
conditions.
i. The charge size for any household refrigerator, freezer, or
combination refrigerator and freezer for each circuit using R-290 must
not exceed 57 grams (2.01 ounces);
[[Page 38817]]
ii. This refrigerant may be used only in new equipment specifically
designed and clearly identified for the refrigerant--i.e., none of
these substitutes may be used as a conversion or ``retrofit''
refrigerant for existing equipment;
iii. This substitute may be used only in equipment that meets all
requirements in Supplement SA to the 10th edition of UL Standard 250,
dated August 25, 2000. (In cases where the proposed rule includes
requirements more stringent than those of the 10th edition of UL
Standard 250, the appliance must meet the requirements of the final
SNAP listing);
iv. The refrigerator or freezer must have red Pantone Matching
System (PMS) 185 marked pipes, hoses, and other devices
through which the refrigerant passes to indicate the use of a flammable
refrigerant;
v. Permanent markings must be provided on the equipment, as
described above for stand-alone commercial refrigerators and freezers.
All of these markings must be in letters no less than 6.4 mm (\1/4\
inch) high. (The difference between this requirement and clauses
SA6.2.1 to SA6.2.5 of UL Standard 250 is that in UL 250, the markings
are required to be no less than 3.2 mm [\1/8\ inch] high instead of 6.4
mm [\1/4\ inch]).
4. Vending machines. EPA proposes to list R-441A, isobutane and
propane as acceptable substitutes in vending machines, subject to the
same use conditions described above for stand-alone commercial
refrigerators and freezers, except that paragraph iii. would read as
follows:
Equipment must meet all requirements of Supplement SA to the 7th
edition of UL Standard 541, ``Refrigerated Vending Machines,'' dated
December 30, 2011 (instead of the 10th edition of UL 471).
Note that in UL 541, the relevant references on equipment markings
for flammable refrigerants in Supplement A are sections SA 6.1.2-SA
6.1.5.
5. Residential and light commercial AC and heat pumps. EPA proposes
to list propane (also known as R-290), difluoromethane (also known as
HFC-32 or R-32), and R-441A as acceptable subject to use conditions as
substitutes in residential and light commercial AC for self-contained
room air conditioners, including packaged terminal air conditioners
(PTACs) and packaged terminal heat pumps (PTHPs), window AC units, and
portable AC units designed for use in a single room.\10\ EPA proposes
the following use conditions:
---------------------------------------------------------------------------
\10\ Packaged terminal air conditioners are intended for use in
a single room and use no ducts to carry cooled air and no external
refrigerant lines. Typical applications include motel or dormitory
air conditioners.
---------------------------------------------------------------------------
i. These refrigerants may be used only in new equipment designed
specifically and clearly identified for the refrigerant--i.e., none of
these substitutes may be used as a conversion or ``retrofit''
refrigerant for existing equipment;
ii. These refrigerants may be used only in air conditioners that
meet all requirements listed in Supplement SA to the 8th edition, dated
August 2, 2012, of Underwriters Laboratories (UL) Standard 484, ``Room
Air Conditioners.'' If this rule is finalized as proposed, in cases
where the final rule would include requirements more stringent than
those of the 8th edition of UL Standard 484, the appliance would need
to meet the requirements of the final rule in place of the requirements
in the UL Standard;
iii. UL 484 includes charge limits for room air conditioners and
adherence to those charge limits would normally be confirmed by the
installer. In addition to proposing the charge limits in the UL 484
standard as a requirement, EPA is proposing the following charge size
limits adherence to which must be confirmed by the original equipment
manufacturer (OEM). In cases where the charge size limit listed is
different from those determined by UL 484, the smaller of the two
charge sizes would apply. For a review of how these charge size limits
were derived, see ``Derivation of Charge Limits for Room Air
Conditioners,'' EPA, 2014 in the docket. The charge size limit must be
determined based on the type of equipment, the alternative refrigerant
used, and the normal rated capacity of the unit. The proposed limits
are presented in Tables 3 through 6 below in section V.C, ``Charge
size,'' and in Tables A, B, C and D of the regulatory text at the end
of this document.
iv. The air conditioner must have red Pantone Matching System (PMS)
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;
v. The following markings, or the equivalent, must be 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) For portable air conditioners, packaged terminal air
conditioners and packaged terminal heat pumps, on the outside of the
product: ``WARNING: Appliance shall be installed, operated and stored
in a room with a floor area larger than ``X'' m\2\ (Y ft\2\).'' The
value ``X'' must be determined using the minimum room size in m\2\
calculated using Appendix F of UL 484. The evaporator must remain no
higher than 0.6 m above the floor.
(e) For window air conditioners, on the outside of the product:
``WARNING: Appliance shall be installed, operated and stored in a room
with a floor area larger than ``X'' m\2\ (Y ft\2\).'' The value ``X''
must be determined using the minimum room size in m\2\ calculated using
Appendix F of UL 484. The evaporator must remain no higher than 1.06 m
above the floor.
All of these markings must be in letters no less than 6.4 mm (\1/4\
inch) high. (The difference between this requirement and clauses
SA6.2.1 to SA6.2.5 of UL Standard 484 is that in UL 484, the markings
are required to be no less than 3.2 mm [\1/8\ inch] high instead of 6.4
mm [\1/4\ inch]).
The regulatory text of our proposed decisions appears in tables at
the end of this document. If finalized as proposed, this text would be
codified at 40 CFR Part 82 Subpart G. The proposed regulatory text
contains listing decisions for the end-uses discussed above. We note
that there may be other legal obligations pertaining to the
manufacture, use, handling, and disposal of hydrocarbons that are not
included in the information listed in the tables (e.g., section 608
prohibition on venting, releasing, or disposing of refrigerant
substitutes or Department of Transportation requirements for transport
of flammable gases).
[[Page 38818]]
In summary, EPA is proposing to list ethane, isobutane, propane,
HFC-32, and R-441A as acceptable subject to use conditions as
substitute refrigerants in certain refrigeration and AC end-uses. If
this proposal were to become final, it would be legal to use those
refrigerants in the specified types of equipment under the conditions
identified above. Use in the specified types of equipment that is not
consistent with the use conditions, as finalized, would be a violation
of CAA section 612 and EPA's implementing regulations. Both the
equipment manufacturers and the end users should be familiar with these
proposed use conditions and EPA would expect them to comply with any
final use conditions.
B. What are ethane, isobutane, propane, HFC-32, R-441A, and the ASHRAE
classifications for refrigerant flammability?
Ethane, isobutane, and propane are hydrocarbons and R-441A is a
hydrocarbon blend. Hydrocarbons are highly flammable organic compounds
made up of hydrogen and carbon. Ethane has two carbons and a chemical
formula of C2H6. Propane has three carbons and
the formula C3H8. Isobutane has four carbons and
the formula C4H10, also written as
CH(CH3)2CH3 to distinguish it from n-
butane. The respective Chemical Abstracts Service Registry Numbers (CAS
Reg. Nos.) of ethane, propane, and isobutane are 74-84-0, 74-98-6, and
75-28-5. As refrigerants, ethane, propane, and isobutane can be
referred to by the American Society of Heating, Refrigerating and Air
Conditioning Engineers (ASHRAE) designations R-170, R-290 and R-600a,
respectively.
R-441A, also known by the trade name ``HCR-188C,'' is a highly
flammable hydrocarbon blend consisting of 55% propane, 36% n-butane, 6%
isobutane, and 3% ethane by weight. HFC-32 is a mildly flammable
organic compound made up of hydrogen, carbon, and fluorine with the
chemical formula CF2H2 (CAS Reg. No. 75-10-5).
The American National Standards Institute (ANSI)/ASHRAE Standard
34-2010 assigns a safety group classification for each refrigerant
which consists of two alphanumeric characters (e.g., A2 or B1). The
capital letter indicates the toxicity 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,
or 3. Tests are conducted in accordance with ASTM E681 using a spark
ignition source at 60 [deg]C and 101.3 kPa (ASHRAE, 2010). Figure 1 in
ANSI/ASHRAE Standard 15-2007 uses the same safety group but limits its
concentration to 3400 ppm.
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 (8,174 BTU/lb), and have a lower flammability limit (LFL) greater
than 0.10 kg/m\3\. Refrigerants within flammability classification 2
may optionally be designated in the lower flammability subclass ``2L''
if they have a maximum burning velocity of 10 cm/s or lower when tested
at 23.0 [deg]C and 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 (8,174 BTU/lb) or
greater or an LFL of 0.10 kg/m\3\ or lower. For both toxicity and
flammability classifications, refrigerant blends are designated based
on the worst case of fractionation determined for the blend (which may
be different when evaluating toxicity than when evaluating
flammability).
[GRAPHIC] [TIFF OMITTED] TP09JY14.003
Using these safety group classifications, ANSI/ASHRAE Standard 34-
2010 categorizes ethane, isobutane, propane, and R-441A in the A3
Safety Group and categorizes HFC-32 in the A2L Safety Group.
C. What end-uses are included in EPA's proposed decision?
1. Household Refrigerators, Freezers, and Combination Refrigerator/
Freezers
Household refrigerators, freezers, and combination refrigerator/
freezers are intended primarily for residential use, although they may
be used outside the home. Household freezers only offer storage space
at freezing temperatures, unlike household refrigerators. Products with
both a refrigerator and freezer in a single unit are most common. Wine
coolers used in residential settings are considered part of this end-
use. EPA previously found the flammable
[[Page 38819]]
hydrocarbon refrigerants isobutane and R-441A acceptable subject to use
conditions in this end-use. December 20, 2011, at 76 FR 78832, codified
at Appendix R of Subpart G of 40 CFR part 82.
2. Retail Food Refrigeration--Stand-Alone Commercial Refrigerators and
Freezers
Retail food refrigeration includes the refrigeration systems,
including cold storage cases, designed to chill food or keep it at a
cold temperature for commercial sale. In this proposed rule, we are
considering the use of hydrocarbons only in stand-alone equipment. A
stand-alone appliance is one utilizing a sealed hermetic compressor and
for which all refrigerant-containing components, including but not
limited to the compressor, condenser, and evaporator, are assembled
into a single piece of equipment before delivery to the ultimate
consumer or user. Such equipment does not require the addition or
removal of refrigerant when placed into initial operation. Stand-alone
equipment is used to chill or to store chilled beverages or frozen
products (e.g., reach-in beverage coolers, stand-alone ice cream
cabinets, and wine coolers in commercial settings). This proposed rule
does not apply to large commercial refrigeration systems such as, but
not limited to, multiplex direct expansion refrigeration systems
typically found in supermarkets. Such equipment typically requires
larger charge sizes than those considered in this proposed rule. This
proposal also does not apply to walk-in coolers, a type of equipment
that typically requires larger charges than those considered in this
proposed rule. EPA has already listed propane as acceptable subject to
use conditions for use in stand-alone commercial refrigerators and
freezers. December 20, 2011, at 76 FR 78832, codified at Appendix R to
Subpart G of 40 CFR part 82.
3. Very Low Temperature Refrigeration and 4. Non-Mechanical Heat
Transfer Equipment
Very low temperature refrigeration equipment is intended to
maintain temperatures considerably lower than for refrigeration of
food--for example, -80 [deg]C (-170 [deg]F) or lower. Examples of very
low temperature refrigeration equipment include medical freezers and
freeze-dryers, which generally require extremely reliable refrigeration
cycles to maintain low temperatures and must meet stringent technical
standards. In some cases, very low temperature refrigeration equipment
may use a refrigeration system with two refrigerant loops or with a
direct expansion refrigeration loop coupled with an alternative
refrigeration technology (e.g., Stirling cycle). This allows a greater
range of temperatures and may reduce the overall refrigerant charge.
There is no U.S. standard that we are aware of that applies
specifically to very low temperature refrigeration or non-mechanical
heat transfer. The submitter of information for use of ethane in very
low temperature refrigeration has indicated that Underwriters
Laboratories, Inc. has tested their equipment for compliance with the
UL 471 standard for commercial refrigeration equipment, which addresses
stand-alone commercial refrigerators and freezers. We are proposing
compliance with the UL 471 standard as one of the conditions for use of
ethane in very low temperature refrigeration equipment. This submission
also addressed the use of ethane in a type of non-mechanical heat
transfer equipment called a thermosiphon. Non-mechanical heat transfer
involves cooling systems that rely on convection to remove heat from an
area, rather than mechanical refrigeration. A thermosiphon is a type of
heat transfer system that relies on natural convection currents, as
opposed to using a mechanical pump. This proposal would allow use of
ethane in non-mechanical heat transfer uses, provided that they meet
the use conditions, including the requirements of Supplement B to the
UL 471 standard and a charge limit of 150 g.\11\
---------------------------------------------------------------------------
\11\ EPA expects that equipment designed for cooling the engine
compartment of heavy duty vehicles, a potential non-mechanical heat
transfer application, does not meet the requirements of UL 471 and
thus, would not meet the requirements of this rule. Similar issues
may exist for some other non-mechanical heat transfer equipment.
---------------------------------------------------------------------------
5. Vending Machines
Vending machines are self-contained units for refrigerating
beverages or food which dispense goods that must be kept cold or
frozen. This end-use differs from other retail food refrigeration
because goods are dispensed, rather than allowing the consumer to reach
in to grab a beverage or food product. The design of the refrigeration
system of a vending machine is similar to that of a self-contained
commercial refrigerator or freezer. Typically the difference lies in
how payment for goods is made and in the selection mechanisms found in
vending machines but not in self-contained commercial refrigerator-
freezers, and possibly the outer casing (e.g., glass doors and open,
reach-in designs are generally used in self-contained commercial
refrigerator-freezers whereas glass wall and other types of casings are
used for vending machines). The standard UL 541 applies to vending
machines. It contains a Supplement SA specifically addressing flammable
refrigerants that is very similar to the Supplement SB in the UL 471
standard for commercial refrigerators and freezers.
6. Residential and Light Commercial AC and Heat Pumps
This end-use includes equipment for cooling air in individual
rooms, in single-family homes, and sometimes in small commercial
buildings. This end-use differs from commercial comfort AC, which uses
chillers that cool water that is then used to cool air throughout a
large commercial building, such as an office building or hotel.
Examples of equipment for residential and light commercial AC and heat
pumps include:
Central air conditioners, also called unitary AC or
unitary split systems. These systems include an outdoor unit with a
condenser and a compressor, refrigerant lines, an indoor unit with an
evaporator, and ducts to carry cooled air throughout a building.
Central heat pumps are similar but offer the choice to either heat or
cool the indoor space. These systems are not addressed in this rule.
Multi-split air conditioners. These systems include one or
more outdoor unit(s) with a condenser and a compressor and multiple
indoor units, each of which is connected to the outdoor unit by
refrigerant lines. These systems are not addressed in this rule.
Mini-split air conditioners. These systems include an
outdoor unit with a condenser and a compressor and a single indoor unit
that is connected to the outdoor unit by refrigerant lines. Cooled air
exits directly from the indoor unit rather than being carried through
ducts. These systems are not addressed in this rule.
Window air conditioners. These are self-contained units
that fit in a window with the condenser extending outside the window.
These types of units would be regulated under this rule if it becomes
final.
Packaged terminal air conditioners and packaged terminal
heat pumps. These are self-contained units that consist of a separate,
un-encased combination of heating and cooling assemblies mounted
through a wall. These types of units would be regulated under this rule
if it becomes final.
Portable room air conditioners. These are self-contained
units used inside rooms that are designed to be
[[Page 38820]]
moved easily from room to room, usually having wheels. They may contain
an exhaust hose that can be placed through a window or door to eject
heat to the outside. These types of units would be regulated under this
rule if it becomes final.
Of these types of equipment, window air conditioners, packaged
terminal air conditioners, packaged terminal heat pumps, and portable
room air conditioners are self-contained equipment with the condenser,
compressor, evaporator, and tubing all within casing in a single unit.
These units all fall under the scope of the UL 484 standard for Room
Air Conditioners. In contrast, unitary split systems, multi-split
systems and mini-split systems have an outdoor condenser that is
separated from an indoor unit. Compared to split systems, self-
contained equipment typically has smaller charge sizes, has fewer
locations that are prone to leak, and is less likely to require
servicing by a technician, thereby causing refrigerant releases. A
lower risk of refrigerant releases and a potential for smaller releases
and lower concentration releases would result in lower risk that
flammable refrigerant could be ignited. Thus, self-contained air
conditioners and heat pumps using a flammable refrigerant have lower
risk for fire than split systems using a flammable refrigerant.
IV. What criteria did EPA consider in determining whether to propose to
list the substitutes as acceptable and in determining the proposed use
conditions and how does EPA consider those criteria?
Section 612(c) of the Clean Air Act directs EPA to publish a list
of acceptable replacement substances (``substitutes'') for class I and
class II substances for specific uses. EPA compares the risks to human
health and the environment of a substitute to the risks associated with
other substitutes that are currently or potentially available. EPA also
considers whether the substitute for class I and class II ODS ``reduces
the overall risk to human health and the environment'' compared to the
ODS historically used in the end-use. The criteria we review are listed
at 40 CFR 82.180(a)(7). These criteria are: (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.
EPA evaluated each of the criteria for each substitute in each end-
use for which we are proposing action and then for each substitute we
considered overall risk to human health and the environment in
comparison to other available or potentially available alternatives in
the same end-uses. Based on our evaluations, we may reach different
conclusions on the same substitute in different end-uses, because of
different risk profiles (e.g., different exposure levels and usage
patterns) and different sets of available or potentially available
substitutes for each end-use.
As noted previously on May 17, 2013, at 78 FR 29035, environmental
and human health exposures can vary significantly depending on the
particular application of a substitute--and over time, information
available regarding a substitute can change. SNAP's comparative risk
framework does not imply fundamental tradeoffs with respect to
different types of risk, either to the environment or to human health.
EPA recognizes that during the nearly two-decade history of the SNAP
program, new information about alternatives already found acceptable
and new alternatives have emerged. To the extent possible, EPA
considers current information that improves our understanding of the
risk factors for the environment and human health in the context of the
available or potentially available alternatives for a given use.
A. Effects on the Environment
The SNAP program considers a number of environmental criteria when
evaluating substitutes: Ozone depletion potential (ODP); climate
effects, primarily based on global warming potential (GWP); local air
quality impacts, particularly potential impacts on smog formation from
emissions of volatile organic compounds (VOC); and ecosystem effects,
particularly from negative impacts on aquatic life. These and other
environmental and health risks are discussed below.
The ODP is the ratio of the impact on stratospheric ozone of a
chemical compared to the impact of an identical mass of CFC-11. Thus,
the ODP of CFC-11 is defined to be one (1.0). Other CFCs and HCFCs have
ODPs that range from 0.01 to one (1.0).
All refrigerant substitutes in this proposal have an ODP of zero,
lower than the ODP of the ozone depleting substances that they replace:
CFC-12 (ODP = 1.0); HCFC-22 (ODP = 0.055); R-13B1 (ODP = 10) and R-502
(ODP = 0.334). The most commonly used substitutes in the end-uses
addressed in this proposal also have an ODP of zero (e.g., R-404A, R-
134a, R-410A, and R-407C).\12\ Some less common alternatives for these
end-uses, such as R-401A, R-414A and other blends containing HCFC-22 or
HCFC-142b,\13\ have ODPs ranging from 0.01 to 0.047. Thus, the
refrigerant substitutes in this proposal have ODPs lower than or
identical to the ODPs of other available substitutes and of the
substances they replace.
---------------------------------------------------------------------------
\12\ We assume that substitutes containing no chlorine, bromine,
or iodine have an ODP of zero.
\13\ Under EPA's phaseout regulations, virgin HCFC-22, HCFC-
142b, and blends containing HCFC-22 or HCFC-142b may only be used to
service existing appliances. Consequently, virgin HCFC-22, HCFC-142b
and blends containing HCFC-22 or HCFC-142b may not be used to
manufacture new pre-charged appliances or appliance components or to
charge new appliances assembled onsite.
---------------------------------------------------------------------------
The GWP is a means of quantifying the potential integrated climate
forcing of various greenhouse gases relative to carbon dioxide. All of
the hydrocarbon refrigerants in this proposal have a relatively low
100-year integrated GWP of less than ten. HFC-32 has a GWP of 675. For
comparison, some other commonly used, acceptable refrigerants in these
end-uses are R-134a, R-404A, R-407C, and R-410A with GWPs of about
1,430, 3,920, 1,770, and 2,090, respectively. In very low temperature
refrigeration, a common refrigerant is R-508B, with a GWP of 13,400.
The GWPs of the ozone-depleting substances that they replace are: CFC-
12 (GWP = 10,900); HCFC-22 (GWP = 1,810); R-13B1/halon 1301 (GWP =
7,140) and R-502 (GWP = 4,660) (IPCC, 2007). The GWPs of the
substitutes reviewed in this proposal are significantly lower than
those of other refrigerants currently being used in the residential and
light commercial AC and heat pump end-use. As stated above, EPA
considers overall risk to human health and the environment compared to
ODS as well as alternatives that are available and potentially
available in a given end-use. Therefore, the GWP of 675 for HFC-32 may
not be considered low in other end-uses that have a larger variety of
options available with lower GWPs. Among the acceptable substitutes
listed in this end-use, only ammonia absorption and the non-vapor
compression technologies evaporative cooling and desiccant cooling
would have lower GWPs. Given technical limits on the effective use of
the non-vapor compression technologies in different climates and the
higher toxicity of ammonia than that of the alternatives proposed here,
the proposed substitutes still reduce risk overall compared to the
available and potentially available substitutes in this end-use.
The GHG impacts of these refrigerants also depend upon the energy
use of
[[Page 38821]]
appliances, since the ``indirect'' GHG emissions associated with
electricity consumption typically exceed those from refrigerants over
the full lifecycle of refrigerant-containing products. (ORNL, 1997). If
appliances using the refrigerants being considered in this proposal are
less energy efficient than the appliances they replace, then it is
possible that these appliances would result in higher lifecycle GHG
emissions than appliances using a higher GWP refrigerant or refrigerant
substitute. Conversely, higher energy efficiency of these appliances
would lead to even lower lifecycle GHG emissions. While we have not
undertaken a comprehensive assessment of all sources of GHG emissions
associated with substituting ODS and other commonly used refrigerants
with the proposed refrigerants, we note that for most of the types of
equipment covered here, energy efficiency standards exist.\14\ Thus,
total energy use with alternative refrigerants can be expected to be no
higher than that required by the standards for those classes of
equipment.\15\ Further, testing data, peer-reviewed journal articles
and other information provided by the submitters for these substitute
refrigerants indicated that equipment using these refrigerants is
likely to have a higher coefficient of performance and use less energy
than equipment currently being manufactured that uses common ODS and
HFC refrigerants that are listed as acceptable under SNAP. This implies
that equipment that uses the refrigerants proposed to be listed will
have the same or lower climate impacts than other available substitutes
(Daikin, 2011; A.S. Trust & Holdings, 2012; A/S Vestfrost, 2012; CHEAA,
2013).
---------------------------------------------------------------------------
\14\ For example, Department of Energy (DOE) standards apply to
portable air conditioners, room air conditioners, PTACs and PTHPs,
household refrigerators and freezers, refrigerated beverage vending
machines, and commercial refrigeration equipment. See https://www1.eere.energy.gov/buildings/appliance_standards/standards_test_procedures.html.
\15\ Refrigeration or air conditioning equipment in the
applicable covered equipment class would still be subject to DOE's
standards, regardless of the refrigerant that the equipment uses. If
a manufacturer believes that its design is subjected to undue
hardship by DOE's regulations, the manufacturer may petition DOE's
Office of Hearing and Appeals (OHA) for exception relief or
exemption from the standard pursuant to OHA's authority under
section 504 of the DOE Organization Act (42 U.S.C. 7194), as
implemented at subpart B of 10 CFR part 1003. OHA has the authority
to grant such relief on a case-by-case basis if it determines that a
manufacturer has demonstrated that meeting the standard would cause
hardship, inequity, or unfair distribution of burdens.
---------------------------------------------------------------------------
In addition to global impacts on the atmosphere, EPA evaluated
potential impacts of the proposed substitutes on local air quality.
Ethane and HFC-32 are exempt from the definition of VOC under CAA
regulations (see 40 CFR 51.100(s)) addressing the development of State
Implementation Plans (SIPs) to attain and maintain the national ambient
air quality standards. The other proposed refrigerants, isobutane,
propane, and components of R-441A, including isobutane, n-butane and
propane, are VOC. Potential emissions of VOC from all substitutes for
all end-uses in the refrigeration and AC sector are addressed by the
venting prohibition under Section 608 of the CAA. Under that
prohibition, refrigerant substitutes (and thus the VOC they contain)
may only be emitted where EPA issues a final determination exempting a
refrigerant substitute from the venting prohibition on the basis that
venting, releasing or disposing of such substance does not pose a
threat to the environment, as proposed elsewhere in this action (see
Section VI, ``How is EPA proposing to address venting, release, or
disposal of the refrigerant substitutes proposed to be listed under
section 608 of the Clean Air Act?'' below). EPA estimates that
potential emissions of hydrocarbons when used as refrigerant
substitutes in all end-uses in the refrigeration and AC sector have
little impact on local air quality, with the possible exception of
unsaturated hydrocarbons such as propylene (ICF, 2014a). However, for
those refrigerants that are VOC as defined in 40 CFR 50.100(s), a State
could adopt additional control strategies if necessary for an ozone
nonattainment area to attain the National Ambient Air Quality Standard
(NAAQS) for ozone.
EPA analyzed a number of scenarios to consider the potential
impacts on local air quality if hydrocarbon refrigerants were used
widely. We used EPA's Vintaging Model to estimate the hydrocarbon
emissions from these scenarios and EPA's Community Multiscale Air
Quality (CMAQ) model to assess their potential incremental
contributions to ground-level ozone concentrations (ICF, 2014a). That
analysis assumed that the most reactive hydrocarbon proposed to be
acceptable (isobutane) was used in all refrigeration and AC uses, and
that all refrigerant used was emitted to the atmosphere even though
isobutane is not being proposed as acceptable for use in all
refrigeration and AC uses. In that extreme scenario, the model
predicted that the maximum increase in the 8-hour average ground-level
ozone concentration would be 0.72 ppb in Los Angeles. Further, in the
analysis, the additional ground-level ozone did not result in exceeding
the NAAQS where an area was in compliance without the additional
refrigerant emissions. Given the potential sources of uncertainty in
the modeling, the conservativeness of the assumptions, and the finding
that the incremental VOC emissions from this refrigerant emissions
would not cause any area that otherwise would meet the NAAQS to exceed
it, we believe that the use of isobutane consistent with the use
conditions will not result in significantly greater risk to the
environment than other substitutes that are currently or potentially
available. Further, propane, ethane, and n-butane, the remaining
component of R-441A, are less reactive than isobutane and we reach a
similar conclusion for those refrigerants.
EPA also analyzed the potential impacts of the uses of hydrocarbon
refrigerants proposed to be acceptable under this rule. In this less
conservative analysis, EPA looked at a set of end-uses that would be
more likely to use hydrocarbon refrigerants between now and 2030. The
analysis assumed use of hydrocarbon refrigerants in those uses for
which UL currently has standards in place, for which the SNAP program
has already listed the uses as acceptable subject to use conditions, or
for which the SNAP program is reviewing a submission, including those
in this rule.\16\ In addition, the air quality analysis assumed several
different hydrocarbons \17\ would be used based upon those under review
by the SNAP program in the end-uses for which they were submitted. For
example, we assumed use of propane, R-441A, and another hydrocarbon
refrigerant under review in room air conditioners and isobutane,
propane, and R-441A in vending machines, stand-alone retail food
refrigeration equipment, and household refrigerators and freezers, but
no use of hydrocarbons in chillers used for AC of large buildings. (For
further
[[Page 38822]]
information on the specific assumptions, see ICF, 2014a, in the docket
for this rulemaking.) Based on this still conservative but more
probable assessment of refrigerant use, we found that even if all the
refrigerant in appliances in end-uses addressed in this proposed rule
were to be emitted, there would be a worst-case impact of 0.15 ppb
ozone in the Los Angeles area, which is the area with the highest level
of ozone pollution in the United States. In the other cities examined
in the analysis, Houston and Atlanta, impacts were smaller (no more
than 0.03 and 0.01 ppb, respectively) (ICF, 2014a). These impacts did
not cause any areas to exceed the NAAQS that otherwise would have met
the NAAQS without the additional refrigerant emissions. Because of the
relatively low air quality impacts of these refrigerants if they are
released to the atmosphere in limited amounts, EPA believes that these
refrigerants do not have a significantly greater impact on human health
and the environment based on their effects on local air quality than
other refrigerants listed as acceptable in the end-uses proposed in
this rule.
---------------------------------------------------------------------------
\16\ The analysis included stand-alone commercial refrigerators,
freezers, and coolers; vending machines; refrigerated transport;
water coolers; commercial ice machines; household refrigerators and
freezers; and room air conditioners (window AC, packaged terminal AC
and packaged terminal heat pumps). The analysis did not expressly
break out very low temperature refrigeration or non-mechanical heat
transfer from commercial refrigerators and freezers.
\17\ Refrigerants in this scenario included propane, isobutane,
and R-441A in the end-uses where they are proposed to be acceptable
subject to use conditions, among others. Ethane was not expressly
included, since the type of equipment using ethane is not broken out
separately in the analysis. However, ethane is less reactive than
the other refrigerants included in the analysis, so this omission is
expected to result in a slight overestimation of impacts, if any.
---------------------------------------------------------------------------
The substitutes in this proposal are all highly volatile. They
typically evaporate or partition to air, rather than contaminating
surface waters. Effects on aquatic life of the substitutes are expected
to be small and pose no greater risk of aquatic or ecosystem effects
than those of other available substitutes for these uses.
Based on EPA's analysis, the overall environmental risks, including
ODP, GWP, local air quality effects and ecosystem impacts are lower
than or comparable to those of other acceptable substitutes in the same
end-uses.
B. Flammability and Fire Safety
The flammability risks of the proposed substitutes are of potential
concern because household and retail food refrigerators and freezers
and room AC units have traditionally used refrigerants that are not
flammable. Without appropriate use conditions, the flammability risk
posed by these refrigerants could be higher than non-flammable
refrigerants because individuals may not be aware that their actions
could potentially cause a fire, and existing equipment has not been
designed specifically to minimize flammable risks. In this section, we
discuss the risks posed by the refrigerants considered in this rule and
explain the proposed use conditions we believe are necessary to
mitigate risks to ensure that the overall risk to human health and the
environment posed by these proposed substitutes is not greater than the
overall risk posed by other substitutes in the same end-uses. In
addition, we discuss why the flammability risks have led us to propose
that these substitutes are only acceptable for use in new equipment
specifically designed for these flammable refrigerants.
Because of their flammable nature, ethane, isobutane, propane, HFC-
32, and R-441A could pose a significant safety concern for workers and
consumers in the end-uses addressed in this proposal if they are not
handled correctly. In the presence of an ignition source (e.g., static
electricity spark resulting from closing a door, using a torch during
service, or a short circuit in wiring that controls the motor of a
compressor), an explosion or a fire could occur when the concentration
of refrigerant exceeds its lower flammability limit (LFL). The LFLs of
the proposed substitutes are: ethane--30,000 ppm; HFC-32--139,000 ppm;
isobutane--18,000 ppm; propane--21,000 ppm; and R-441A--20,500 ppm.
Therefore, to use these substitutes safely, it is important to minimize
the presence of potential ignition sources and to reduce the likelihood
that the levels of ethane, HFC-32, isobutane, propane, or R-441A will
exceed the LFL. Under the proposed listing decision, these substitutes
would be acceptable for use only in new equipment (refrigerators,
freezers and air conditioners) specifically designed for the
refrigerant. We expect that the original equipment manufacturers, who
would be storing large quantities of the refrigerant, are familiar with
and use proper safety precautions to minimize the risk of explosion,
because of the OSHA and building code requirements under which they
operate. We are proposing to include in the ``Further Information''
section of the SNAP listings recommendations that these facilities be
equipped with proper ventilation systems and be properly designed to
reduce possible ignition sources.
To determine whether flammability would be a concern for
manufacturing and service personnel or for consumers, EPA analyzed a
plausible worst-case scenario to model a catastrophic release of the
proposed refrigerants. The worst-case scenario analysis for each
refrigerant revealed that even if the unit's full charge is emitted
within one minute, none of these refrigerants reached their respective
LFLs of 1.8% for isobutane, 2.1% for propane, 2.05% for R-441A, or 3.0%
for ethane, provided that the charge sizes were no greater than those
specified in the relevant standard from Underwriters Laboratories (ICF,
2014b,c,d,e,f,g,h,i,j,k). Thus, there would not be an excessive risk of
fire or explosion, even under those worst-case assumptions, so long as
the charge meets the use conditions in this proposed rule. Detailed
analysis of the modeling results are discussed below in the next
section regarding ``Toxicity.'' EPA also reviewed the submitters'
detailed assessments of the probability of events that might create a
fire and engineering risk and approaches to avoid sparking from the
refrigeration equipment. Further information on these analyses and
EPA's risk assessments are available in public docket EPA-HQ-OAR-2013-
0748 at www.regulations.gov. Although the analysis showed no potential
for the released refrigerant from one piece of equipment to reach the
LFL, manufacturing and service personnel or consumers may not be
familiar with refrigeration or AC equipment containing a flammable
refrigerant. Therefore, use conditions are necessary to ensure people
handling such equipment are aware that equipment contains a flammable
refrigerant and to ensure safe handling. This allows the flammable
refrigerants to be used without increasing overall risk to human health
and the environment.
C. Toxicity
In evaluating potential toxicity impacts of ethane, HFC-32,
isobutane, propane, and R-441A on human health, EPA considered both
occupational and consumer risks. EPA investigated the risk of
asphyxiation and of exposure to toxic levels of refrigerant for a
worst-case scenario and a typical use scenario for each refrigerant. In
the worst-case scenario of a catastrophic leak, we modeled release of
the unit's full charge within one minute into a confined space to
estimate concentrations that might result. We considered a
conservatively small space appropriate to each end-use, such as a small
convenience store of 244 m\3\ for retail food refrigeration, a small
galley kitchen of 18 m\3\ for a household refrigerator/freezer, or a
small bedroom of 41 m\3\ for a room air conditioner.
To evaluate toxicity of all five refrigerants, EPA estimated the
maximum time-weighted average (TWA) exposure both for a short-term
exposure scenario, with a 15-minute and 30-minute TWA exposure, and for
an 8-hour time weighted average that would be more typical of
occupational exposure for a technician servicing the equipment. We
compared these short-term and long-term exposure values to relevant
industry and government workplace exposure limits for ethane, HFC-32,
isobutane, propane, and
[[Page 38823]]
components of R-441A, (including potential impurities in the
substitutes). The modeling results indicate that both the short-term
(15-minute and 30-minute) and long-term (8-hour) worker exposure
concentrations would be below the relevant workplace exposure limits,
such as the Occupational Safety and Health Administration (OSHA)
permissible exposure limit (PEL), the National Institute for
Occupational Safety and Health's (NIOSH) recommended exposure limit
(REL), the American Conference of Governmental Industrial Hygienists'
(ACGIH) threshold limit value (TLV), or in the case of HFC-32, the
manufacturer's recommended workplace exposure limit. In some cases
where there was not an established short-term exposure limit (STEL), we
considered information on short-term exposure such as the no observed
adverse effect level (NOAEL) from available toxicity studies or the
National Research Council's Acute Emergency Guideline Limits
(AEGL).\18\ The respective workplace exposure limits we considered for
the various compounds, including components of the refrigerant blend R-
441A, are as follows:
---------------------------------------------------------------------------
\18\ The AEGL limit is an emergency guideline for exposures to
the general population (including susceptible populations) and is
not time-weighted. It also considers the chemical's flammability in
addition to its toxicity. EPA develops a set of AEGL values for a
chemical for five exposure periods (10 and 30 minutes, 1 hour, 4
hours and 8 hours). For each exposure period, three different AEGL
values are developed to address different levels of toxicological
impacts. Of relevance for the modeled scenario is the AEGL-1 (10,000
ppm), which is defined as: ``the airborne concentration, expressed
as parts per million or milligrams per cubic meter (ppm or mg/m\3\)
of a substance above which it is predicted that the general
population, including susceptible individuals, could experience
notable discomfort, irritation, or certain asymptomatic nonsensory
effects. However, the effects are not disabling and are transient
and reversible upon cessation of exposure.'' While permanent
toxicological effects are not expected up to the AEGL-2 value, this
limit is not relevant for this analysis because at that level,
flammability would be a greater concern.
---------------------------------------------------------------------------
n-Butane, a component in R-441A: 800 ppm REL on 10-hr TWA;
6,900 ppm AEGL-1 over 30 minutes
Ethane: 1000 ppm TLV on 8-hour TWA
HFC-32: 1000 ppm manufacturer's exposure guideline on 8-
hour TWA; 3000 ppm over 15 minutes
Isobutane: 800 ppm REL on 10-hr TWA; 18,000 ppm NOAEL over
30 minutes
Propane: 1000 ppm PEL on 8-hr TWA; 6,900 ppm AEGL-1 over
30 minutes
For equipment with which consumers might come into contact, such as
retail food refrigerators and freezers, vending machines, household
refrigerators and freezers, and room air conditioners, EPA performed a
consumer exposure analysis. In this analysis, we examined potential
catastrophic release of the entire charge of the substitute in one
minute under a worst-case scenario. We did not examine exposure to
consumers in very low temperature refrigeration, as equipment for this
end-use would typically be used in the workplace, such as in
laboratories, and not in a home or public space. The analysis was
undertaken to determine the 15-minute or 30-minute TWA exposure levels
for the substitute, which were then compared to the toxicity limits to
assess the risk to consumers.
EPA considered toxicity limits for consumer exposure that reflect a
short-term exposure such as might occur at home or in a store or other
public setting where a member of the general public could be exposed
and could then escape. Specific toxicity limits that we used in our
analysis of consumer exposure include:
n-Butane: 6,900 ppm AEGL-1 over 30 minutes
HFC-32: cardiotoxic NOAEL of 350,000 ppm over 5 minutes
Isobutane: 18,000 ppm NOAEL over 30 minutes
Propane: 6,900 ppm AEGL-1 over 30 minutes
The analysis of consumer exposure assumed that 100 percent of the
unit's charge would be released over one minute, at which time the
concentration of refrigerant would peak in an enclosed space, and then
steadily decline. Refrigerant concentrations were modeled under two air
change scenarios, believed to represent the baseline of potential flow
rates for a home or other public space, assuming flow rates of 2.5 and
4.5 air changes per hour (ACH) (Sheldon, 1989). The highest
concentrations of the refrigerant occur in the lower stratum of the
room when assuming the lower ventilation level of 2.5 ACH. Calculating
the TWA exposure using 2.5 ACH results in a higher concentration than
calculating the TWA exposure using 4.5 ACH. Even under the very
conservative assumptions used in the consumer exposure modeling, the
estimated 15-minute or 30-minute consumer exposures to the proposed
refrigerants are much lower than the relevant toxicity limits and thus
should not pose a toxicity risk any greater than that of other
acceptable refrigerants in the proposed end-uses.
For further information, including EPA's risk screens and risk
assessments as well as fault tree analyses from the submitters of the
substitutes, see docket number EPA-HQ-OAR-2013-0748 at
www.regulations.gov.
V. Why is EPA proposing these specific use conditions?
EPA is proposing to list ethane, isobutane, propane, HFC-32, and R-
441A as acceptable subject to use conditions in the specified end-uses,
as described above in section III.A., ``What listing decisions is EPA
proposing in this action?.'' EPA is proposing these uses in new
equipment designed and manufactured specifically to use these
alternatives. The use conditions include conditions consistent with
industry standards, limits on charge size, and requirements for
warnings and markings on equipment to inform consumers and technicians
of potential flammability hazards. The proposed listings with the
specific use conditions are intended to allow for the use of these
flammable refrigerants in a manner that will ensure they do not pose a
greater risk to human health or the environment than other substitutes
that are currently or potentially available. We seek comment on the
proposed listing as well as the specific use conditions discussed
below.
A. New Equipment Only; Not Intended for Use as a Retrofit Alternative
EPA is proposing that the flammable refrigerants considered in this
proposal be limited to use only in new equipment that has been designed
and manufactured specifically for use with the listed alternative
refrigerant. We are proposing that these substitutes may be used only
in new equipment \19\ that is designed to address concerns unique to
flammable refrigerants. The flammable refrigerants were not submitted
under the SNAP program to be used in retrofitted equipment, and no
information was provided on how to address hazards of flammable
refrigerants when used in equipment that was designed for non-flammable
refrigerants. Introduction into interstate commerce of these
refrigerants for use in existing equipment without giving timely and
adequate notice to EPA would be in violation of section 612(e) of the
CAA and the SNAP regulations at 40 CFR Part 82, Subpart G. In addition,
if the rule is finalized as proposed, use of these refrigerants in
existing equipment would be in violation of
[[Page 38824]]
section 612(c) of the CAA and the corresponding SNAP regulations at 40
CFR Part 82, Subpart G.
---------------------------------------------------------------------------
\19\ This is intended to mean a completely new refrigeration
circuit containing a new evaporator, condenser and refrigerant
tubing. We are aware that for some types of equipment, e.g., vending
machines, it is possible to detach easily and replace the
refrigeration circuit from the outer casing of the equipment. In
such a situation, replacing the old refrigeration circuit with a new
one within the old casing would be considered ``new'' equipment and
not a retrofit of the old, existing equipment.
---------------------------------------------------------------------------
B. Standards
EPA is proposing that the flammable refrigerants be used only in
equipment that meets all requirements in the relevant supplements for
flammable refrigerants in certain applicable UL Standards for
refrigeration and AC equipment. Specifically, the standards cited
include UL 471 10th edition for commercial refrigerators and freezers
(including stand-alone freezers for very low temperature
refrigeration), UL 250 10th edition (for household refrigerators and
freezers), UL 541 7th edition for refrigerated vending machines, and UL
484 8th edition for room air conditioners.
UL has tested equipment for flammability risk in both household and
retail food refrigeration. Further, UL has developed acceptable safety
standards including requirements for construction, for markings, and
for performance tests concerning refrigerant leakage, ignition of
switching components, surface temperature of parts, and component
strength after being scratched. These standards were developed in an
open and consensus-based approach, with the assistance of experts in
the AC and refrigeration industry as well as experts involved in
assessing the safety of products. While similar standards exist from
other bodies such as the International Electrotechnical Commission
(IEC), we are proposing to rely on UL standards as those that are most
applicable and recognized by the U.S. market. This proposed approach is
the same as that in our previous rule on flammable refrigerants
(December 20, 2011 at 76 FR 78832).
C. Charge Size
EPA is proposing use conditions that limit the amount of
refrigerant allowed in each type of appliance. As before, we believe it
is necessary to set limits on charge size in order for these
refrigerants not to pose a risk to human health or the environment that
is greater than the risk posed by other available substitutes. These
limits will reduce the risk to workers and consumers since under worst-
case scenario analyses, a leak of the proposed charge sizes did not
result in concentrations of the refrigerant that met or exceeded the
LFL, as explained above in Section IV.B, ``Flammability and fire
safety.''
EPA is proposing limitations on refrigerant charge size for
household and stand-alone commercial refrigerators and freezers,
vending machines, and room AC units that reflect the UL 250, UL 471, UL
541 and UL 484 standards. As discussed above in paragraph B of this
section, we believe UL standards are most applicable to the U.S. market
and offer requirements developed by a consensus of experts. EPA is
proposing a charge size not to exceed 57 grams (2.01 ounces) for
household refrigerators and freezers, not to exceed 150 grams (5.29
ounces) for retail food refrigeration in stand-alone units, and not to
exceed 150 grams (5.29 ounces) for vending machines. We are proposing a
varying charge size limit for room AC units as discussed below. To
place these quantities in a familiar context, EPA estimates the charge
size of a disposable lighter is equal to 30 grams (1.06 ounces).
The UL 250 standard for household refrigerators and freezers limits
the amount of refrigerant that may leak to 50 grams (1.76 ounces). EPA
is proposing a charge size of 57 grams (2.01 ounces) to allow for up to
7 grams (0.25 ounces) of refrigerant that might be solubilized in the
oil (and assumed not to leak or immediately vaporize with the
refrigerant in the case of a leak). EPA bases this estimate on
information received from a manufacturer of hydrocarbon-based
refrigerator-freezers (see EPA-HQ-OAR-2009-0286-0033 on
www.regulations.gov).
UL standards 541 (retail food refrigeration) and 471 (vending
machines) limit the amount of refrigerant leaked to 150 grams (5.29
ounces). Furthermore, the charge size limit for A3 refrigerants (for
retail food refrigeration) is in line with the IEC 60335-2-89 standard
for commercial appliances, which has a charge size limit of 150 grams
(5.29 ounces).
As noted above, EPA is proposing a varying charge size for room AC
units. We are proposing that the maximum charge must be no greater than
the amount calculated for a given sized space according to Appendix F
to Supplement SA of UL Standard 484. This section of the UL standard
uses a formula for charge of a fixed room air conditioner based upon
the size of the space where the refrigerant may escape and the lower
flammability limit of the refrigerant. The formula is as follows:
[GRAPHIC] [TIFF OMITTED] TP09JY14.004
Where:
Mmax is the maximum charge size allowed for the space, in
kg,
LFL is the lower flammability limit of the refrigerant in kg/m\3\,
h0 is the installation height of the indoor unit in m
(0.6 m for an AC unit on the floor, 1.0 m for an AC unit in a
window, 1.8 m for a wall-mounted AC unit, and 2.2 m for a ceiling-
mounted AC unit), and
A is the floor area of the room, in m\2\.
The equipment manufacturer would then design AC units to be used in
rooms with a minimum size and would label the minimum room size on the
equipment. Table 2 below gives examples of room sizes and appropriate
charge sizes for the three refrigerants proposed to be listed for use
in room AC units, assuming a typical height of 1.0 m for a window-
mounted unit.
In addition to the formula mentioned above, UL 484 has a
requirement that the maximum charge for a room air conditioner may not
exceed the amount calculated using the following formula:
m2 = (26 m3) x LFL
Where:
m2 is the maximum charge size allowed, in kg,
26 m\3\ is a constant, and
LFL is the lower flammability limit of the refrigerant in kg/m\3\.
That formula sets maximum limits on refrigerant in a room air
conditioner, as shown in Table 2. With the A3 refrigerants, the maximum
value is 1 kg.
Table 2--Maximum Refrigerant Charge Sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Then its lower And the maximum charge, in kg, to use
flammability limit is . . in a room of this size \20\ is . . .
.
--------------------------- The maximum --------------------------------------
allowable charge 12 ft x 10
If you are using this refrigerant in kg for room 1.7 m x 1.7 6 ft x 8 ft ft x 10 ft
In % by air conditioner m x 2.5 m x 8 ft (384 (1200 ft\3\/
volume In kg/m\3\ is . . . (7.2 m\3\) ft\3\/10.9 34.0 m\3\)
A = 2.89 m\3\) A = A = 11.15
m\2\ 4.46 m\2\ m\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
HFC-32............................................................. 14.4 0.306 7.956 0.971 1.192 1.900
Propane (R-290).................................................... 2.1 0.038 0.986 0.071 0.087 0.139
[[Page 38825]]
R-441A............................................................. 2.05 0.041 1.000 0.078 0.095 0.152
--------------------------------------------------------------------------------------------------------------------------------------------------------
Although using a formula to determine the maximum charge size and
minimum room size is appropriate from an engineering perspective, it
does not ensure that a consumer will select an appropriate AC unit for
the size of their room. It is likely that some consumers may be unaware
of the exact size of the room to be cooled and thus may select an
inappropriately sized AC unit that increases the flammability risk. A
consumer may believe that a larger, more powerful AC unit will provide
better, faster cooling and therefore may select an inappropriately
sized AC unit that increases the flammability risk. To address these
concerns, EPA proposes to supplement the charge size guidelines in
Appendix F of UL 484 with a use condition that restricts the maximum
refrigerant charge of equipment based upon the cooling capacity needed,
in British thermal units (BTU) per hour. Equipment manufacturers would
be responsible for designing equipment below a maximum charge size
consistent with the intended cooling capacity. This would allow the
manufacturer, who has greater understanding of the issue than a
consumer, to address the issue in a manner under the manufacturer's
control. Placing the burden on the manufacturer also provides a better
means for EPA to ensure compliance and thus to ensure that the risk to
human health will not be greater than that posed by other available
substitutes.
---------------------------------------------------------------------------
\20\ Although the height of the room does not affect the
calculation, typical heights are shown here for reference.
---------------------------------------------------------------------------
We believe that these requirements, in combination with the other
use conditions and commonly found informational materials, provide
sufficient safeguards against instances of consumers selecting
inappropriately-sized equipment. For instance, packaging, technical
literature and sales display material will often guide a consumer in
choosing the correct capacity for a given room size.
EPA has based its proposed charge limits upon appropriate capacity
needs for an area to be cooled and the requirements for refrigerant
charge relative to room size in Appendix F of UL 484, discussed above.
A document in the docket describes this relationship in tables in a
spreadsheet (EPA, 2014). The proposed charge limits for each
refrigerant by equipment type and mounting location are as follows:
Table 3--Maximum Design Charge Sizes for Window AC Units *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
-----------------------------------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
-----------------------------------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000 24,000 30,000 34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32.............................................................. 1.73 2.12 2.74 3.00 3.24 3.47 3.68 4.07 4.59 5.48 6.01 6.49 6.72 7.76
R-290............................................................. 0.13 0.16 0.20 0.22 0.24 0.26 0.27 0.30 0.34 0.40 0.44 0.48 0.50 0.57
R-441A............................................................ 0.14 0.17 0.22 0.24 0.26 0.28 0.30 0.33 0.37 0.44 0.49 0.53 0.54 0.63
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 1 m, but not more than 1.8 m, above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and
larger capacities listed in the table.
Table 4--Maximum Design Charge Sizes for Packaged Terminal AC Units and Heat Pumps and Portable AC Units *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
-----------------------------------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
-----------------------------------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000 24,000 30,000 34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32.............................................................. 1.04 1.27 1.65 1.80 1.95 2.08 2.21 2.44 2.75 3.29 3.60 3.89 4.03 4.65
R-290............................................................. 0.08 0.09 0.12 0.13 0.14 0.15 0.16 0.18 0.20 0.24 0.27 0.29 0.30 0.34
R-441A............................................................ 0.08 0.10 0.13 0.15 0.16 0.17 0.18 0.20 0.22 0.27 0.29 0.32 0.33 0.38
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 0.6 m, but not more than 1.0 m, above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and
larger capacities listed in the table.
[[Page 38826]]
Table 5--Maximum Design Charge Sizes for Wall-Mounted AC Units *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
-----------------------------------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
-----------------------------------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000 24,000 30,000 34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32.............................................................. 3.12 3.82 4.94 5.41 5.84 6.24 6.62 7.32 7.96 7.96 7.96 7.96 7.96 7.96
R-290............................................................. 0.23 0.28 0.36 0.40 0.43 0.46 0.49 0.54 0.61 0.73 0.80 0.86 0.89 1.00
R-441A............................................................ 0.25 0.31 0.40 0.44 0.47 0.51 0.54 0.59 0.67 0.80 0.88 0.95 0.98 1.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 1.8 m, but not more than 2.2 m, above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and
larger capacities listed in the table.
Table 6--Maximum Design Charge Sizes for Ceiling-Mounted AC Units *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
-----------------------------------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
-----------------------------------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000 24,000 30,000 34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32.............................................................. 3.82 4.67 6.03 6.61 7.14 7.63 7.96 7.96 7.96 7.96 7.96 7.96 7.96 7.96
R-290............................................................. 0.28 0.34 0.44 0.49 0.53 0.56 0.60 0.66 0.74 0.89 0.97 1.00 1.00 1.00
R-441A............................................................ 0.31 0.38 0.49 0.54 0.58 0.62 0.66 0.73 0.82 0.98 1.00 1.00 1.00 1.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 2.2 m above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and larger capacities listed
in the table.
In cases where the rated capacity exceeds the maximum shown on the
table, the maximum charge size in the table for that refrigerant
applies. In cases where the normal rated capacity lies between two
values listed next to each other in the table, the maximum charge size
would be determined based on a linear interpolation between the two
respective charge sizes. We assume that room air conditioners will be
at least 5,000 BTU/hr in capacity; this corresponds to cooling a floor
area of roughly 100 square feet or 9.3 m\2\ and it is the lowest value
observed at a popular retailer's Web site (www.homedepot.com). We
request comment on whether there should be lower, higher, or additional
intermediate capacity values added to these tables.
EPA is requesting comment on the approach of adding a requirement
for manufacturers to design with a maximum charge size consistent with
the design cooling capacity. We also request comment on other potential
methods for supplementing the formulas for calculating charge size in
the UL 484 standard in order to reduce potential risks of a consumer
using a room air conditioner with an inappropriately high charge that
could result in a higher risk of fire.
D. Color-Coded Hoses and Piping
EPA proposes that equipment must have distinguishing color-coded
hoses and piping to indicate use of a flammable refrigerant. This will
help technicians immediately identify the use of a flammable
refrigerant, thereby potentially reducing the risk of using sparking
equipment or otherwise having an ignition source nearby. The AC and
refrigeration industry currently uses distinguishing colors as means
for identifying different refrigerants. Likewise, distinguishing
coloring has been used elsewhere to indicate an unusual and potentially
dangerous situation, for example in the use of orange-insulated wires
in hybrid electric vehicles. Currently, no industry standard exists for
color-coded hoses or pipes for ethane, HFC-32, isobutane, propane, or
R-441A. EPA is proposing that all such refrigerator tubing be colored
red Pantone Matching System (PMS) 185 to match the red band
displayed on the container of flammable refrigerants under the Air
Conditioning, Heating and Refrigeration Institute (AHRI) Guideline
``N'' 2012, ``2012 Guideline for Assignment of Refrigerant Container
Colors.'' This proposal mirrors the existing requirement for the use of
hydrocarbons in residential and commercial refrigerator-freezers
(December 20, 2011, at 76 FR 78832). EPA wants to ensure that there is
adequate notice that a flammable refrigerant is being used within a
particular piece of equipment or appliance. One mechanism to
distinguish hoses and pipes is to add a colored plastic sleeve or cap
to the service tube. The colored plastic sleeve or cap would have to be
forcibly removed in order to access the service tube. This would signal
to the technician that the refrigeration circuit that she/he was about
to access contained a flammable refrigerant, even if all warning labels
were somehow removed. This sleeve would be of the same red color (PMS
185) 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 dying the hose or pipe. EPA is taking
comment on this mechanism of distinguishing the pipe and hose by adding
a colored plastic sleeve or cap to the pipe or hose.
EPA is particularly concerned with ensuring adequate and proper
notification for servicing and disposal of appliances containing
flammable refrigerants. EPA believes the use of color-coded hoses, as
well as the use of warning labels discussed below, would be reasonable
and would be consistent with other general industry practices. This
proposed approach is the same as that adopted in our previous rule on
flammable refrigerants (December 20, 2011, at 76 FR 78832). EPA is
interested in receiving information on how this requirement has been
implemented for those end-uses that are already subject to the earlier
rule, codified in Appendix R to Subpart G of 40 CFR Part 82.
E. Labeling
As a use condition, EPA is proposing to require labeling of
household and retail refrigerators and freezers, vending machines, non-
mechanical heat transfer equipment, very low temperature refrigeration
equipment, and room air conditioners. EPA is proposing the warning
labels on the equipment contain letters at least \1/4\ inch high. The
label must be permanently affixed to the equipment. Warning label
language requirements are found in Section III.A of this proposal,
``What listings is EPA proposing in this action?'' The warning label
language is similar to or exactly the same as that required in UL
standards: for household refrigerators
[[Page 38827]]
and freezers in UL 250 in section SA6.1, for vending machines in UL 541
in section SA6.1, for commercial refrigerators and freezers in UL 471
in section SB6.1, and for room AC units in UL 484 in section SA6.1.
EPA believes that it would be difficult to see warning labels with
the minimum lettering height requirement of \1/8\ inch in these UL
standards. Therefore, as in the requirements in our previous
hydrocarbon refrigerants rule (December 20, 2011, at 76 FR 78832), EPA
is proposing the minimum height for lettering must be \1/4\ inch as
opposed to \1/8\ inch, which will make it easier for technicians,
consumers, retail storeowners, and first responders to view the warning
labels. We also understand that UL is considering revising its
standards to be consistent with this requirement, which already applies
to equipment using propane in commercial stand-alone refrigerators and
freezers and equipment using isobutane or R-441A in household
refrigerators, freezers, and combination refrigerator/freezers.
F. Other Options Not Included
EPA considered requiring separate servicing fittings for use with
flammable refrigerants to avoid mixing flammable and non-flammable
refrigerants. We previously considered this option and proposed this as
a use condition in a separate rulemaking in the Federal Register at 75
FR 25799 on May 10, 2010. In the associated final rule at 76 FR 78848
on December 20, 2011, the Agency did not require separate servicing
fittings but did include this option as a recommendation rather than a
use condition. The types of equipment addressed in this rule are self-
contained pieces of equipment with a hermetically sealed refrigerant
circuit that is only rarely serviced. These are the same as or similar
to the equipment addressed in the December 20, 2011, rule, and thus
with regards to separate servicing fittings we are proposing to again
list this as a recommendation rather than as a use condition. We have
heard some concern about mixing of refrigerant during servicing of
appliances, particularly for AC equipment that is not self-contained.
However, this rule is proposing to address only equipment that is self-
contained. Moreover, we do not have new information that would lead us
to a different decision than in the December 20, 2011, final rule for
hydrocarbon refrigerants in household and stand-alone commercial
refrigerators and freezers.
We also considered requiring only one use condition for each
refrigerant and end-use--to meet the appropriate standard from
Underwriters Laboratories. We understand that UL may incorporate
certain elements of this proposal, particularly the proposed charge
limit and the type font height for labels, into the UL 250 standard for
household refrigerators and freezers. If those provisions were the only
changes incorporated in a revised version of Supplement A of the UL 250
standard, EPA could remove the use conditions for charge size and for
labeling requirements, as they would already be incorporated by
reference through the use condition to follow the UL 250 standard.
However, at this time, those changes have not been incorporated into UL
250. Therefore, EPA is proposing those use conditions as well as
compliance with other aspects of UL 250.
VI. How is EPA proposing to address venting, release, or disposal of
the refrigerant substitutes proposed to be listed under section 608 of
the Clean Air Act?
A. What are the statutory requirements concerning venting, release, or
disposal of refrigerants and refrigerant substitutes under section 608
of the Clean Air Act?
Section 608 of the Act as amended, titled National Recycling and
Emission Reduction Program, requires EPA to 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 industrial process refrigeration (IPR), including AC and
refrigeration equipment. EPA's authority to propose the actions in this
NPRM is based in part on section 608 of the Clean Air Act. Section
608(c)(1) provides that, effective July 1, 1992, it is:
unlawful for any person, in the course of maintaining, servicing,
repairing, or disposing of an appliance or industrial process
refrigeration, to knowingly vent or otherwise knowingly release or
dispose of any class I or class II substance used as a refrigerant
in such appliance (or industrial process refrigeration) in a manner
which permits such substance to enter the environment.
Section 608(c)(1) further exempts from this self-effectuating
prohibition ``[d]e minimis releases associated with good faith attempts
to recapture and recycle or safely dispose'' of such a substance. EPA
interprets releases to meet the criteria for exempted de minimis
releases if they occur when the recycling and recovery requirements of
regulations promulgated under sections 608 and 609 are followed. 40 CFR
82.154(a)(2).
Effective November 15, 1995, section 608(c)(2) of the Act 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 unless the Administrator determines that such
venting, releasing, or disposing ``does not pose a threat to the
environment.'' Thus, section 608(c) provides EPA authority to
promulgate regulations to interpret, implement, and enforce this
prohibition on venting, releasing, or disposing of class I or class II
substances and their refrigerant substitutes, which we refer to as the
``venting prohibition'' in this NPRM.
B. What are EPA's regulations concerning venting, releasing or
disposing of refrigerant substitutes?
Regulations promulgated under Section 608 of the Act, published on
May 14, 1993 (58 FR 28660), established a recycling program for ozone-
depleting refrigerants recovered during the servicing and maintenance
of AC and refrigeration appliances. In the same 1993 rule, EPA also
promulgated regulations implementing the section 608(c) prohibition on
knowingly venting, releasing, or disposing of class I or class II
controlled substances. These regulations were designed to substantially
reduce the use and emissions of ozone-depleting refrigerants.
EPA issued a final rule on March 12, 2004, at 69 FR 11946 and a
second rule on April 13, 2005, at 70 FR 19273 clarifying how the
venting prohibition in section 608(c) applies to substitutes for CFC
and HCFC refrigerants (e.g., hydrofluorocarbons (HFCs) and
perfluorocarbons (PFCs) in part or whole) during the maintenance,
service, repair, or disposal of appliances. These regulations are
codified at 40 CFR Part 82, Subpart F. The regulation at 40 CFR
82.154(a) now states in part that:
(1) ``Effective June 13, 2005, no person maintaining, servicing,
repairing, or disposing of appliances may knowingly vent or
otherwise release into the environment any refrigerant or substitute
from such appliances, with the exception of the following
substitutes in the following end-uses:
i. Ammonia in commercial refrigeration, or in [IPR] or in
absorption units;
ii. Hydrocarbons in [IPR] (processing of hydrocarbons);
iii. Chlorine in [IPR] (processing of chlorine and chlorine
compounds);
[[Page 38828]]
iv. Carbon dioxide in any application;
v. Nitrogen in any application; or
vi. Water in any application.
(2) The knowing release of a refrigerant or non-exempt
substitute subsequent to its recovery from an appliance shall be
considered a violation of this prohibition. De minimis releases
associated with good faith attempts to recycle or recover
refrigerants or non-exempt substitutes are not subject to this
prohibition. . . .''
As explained in EPA's earlier rulemaking concerning refrigerant
substitutes, EPA has not promulgated regulations requiring
certification of refrigerant recycling/recovery equipment intended for
use with substitutes to date (70 FR 19275; April 13, 2005). However, as
EPA noted, the lack of a current regulatory provision should not be
considered as an exemption from the venting prohibition for substitutes
that are not expressly exempted in Section 82.154(a). EPA has also
noted that, in accordance with section 608(c) of the Act, the
regulatory prohibition at Section 82.154(a) reflects the statutory
references to de minimis releases of substitutes as they pertain to
good faith attempts to recover and recycle or safely dispose of non-
exempted substitutes (70 FR 19275; April 13, 2005).
C. What revision to the venting prohibition has EPA recently issued?
On May 23, 2014 at 79 FR 29682, EPA revised the venting prohibition
for refrigerant substitutes.\21\ Those changes exempt from that
prohibition three hydrocarbon refrigerant substitutes listed as
acceptable subject to use conditions in the specified end-uses under
the SNAP program: isobutane (R-600a) and R-441A, which were listed as
acceptable, subject to use conditions, as refrigerant substitutes in
household refrigerators, freezers, and combination refrigerators and
freezers, and propane (R-290), which was listed as acceptable, subject
to use conditions, as a refrigerant substitute in retail food
refrigerators and freezers (stand-alone units only). That final rule
does not apply to blends of hydrocarbons with other refrigerants or
containing any amount of any CFC, HCFC, HFC, or PFC.
---------------------------------------------------------------------------
\21\ EPA is describing that final rule in this NPRM simply for
ease of reference and as a reminder of EPA's most recent rule on
this subject; EPA is not here changing any aspect of that final rule
or reopening the opportunity for comments on that final rule.
---------------------------------------------------------------------------
EPA determined that for the purposes of CAA section 608(c)(2), the
venting, release or disposal of such hydrocarbon 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. EPA additionally concluded that other authorities,
controls and practices that apply to such refrigerants help to mitigate
environmental risk from the release of those three hydrocarbon
refrigerant substitutes. For example, state and local air quality
agencies may include VOC emissions reduction strategies in state
implementation plans developed to meet and maintain the NAAQS that
would apply to hydrocarbon refrigerants.
D. What is EPA's proposed determination regarding whether venting of
hydrocarbons to be listed as acceptable subject to use conditions in
the end-uses proposed in this NPRM poses a threat to the environment?
For purposes of section 608(c)(2) of the CAA, 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. See 69 FR
11948 (March 12, 2004). First, EPA determines whether venting, release,
or disposal of the substitute refrigerant poses a threat to the
environment because of the inherent characteristics of the refrigerant,
such as global warming potential. 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 venting, release, or disposal is
controlled by other authorities, regulations, or practices. To the
extent that such releases are adequately controlled by other
authorities, EPA defers to those authorities.
1. Potential Environmental Impacts
EPA has evaluated the potential environmental impacts of releasing
into the environment the hydrocarbon refrigerant substitutes that we
are proposing to list under the SNAP program as acceptable subject to
use conditions in the end-uses proposed--i.e., ethane in very low
temperature refrigeration and non-mechanical heat transfer; isobutane
in retail food refrigeration (stand-alone equipment only) and vending
machines; propane in household refrigerators and freezers, vending
machines and room AC units; and R-441A in retail food refrigeration
(stand-alone equipment only), vending machines and room AC units. In
particular, we assessed the potential impact of the release of
additional hydrocarbons on local air quality and their ability to
decompose in the atmosphere, their ODP and their GWPs, as well as
potential impacts on ecosystems (see Section IV above, ``What criteria
did EPA consider in determining whether to list the substitutes as
acceptable and in determining appropriate use conditions and how does
EPA consider those factors?''). As explained in that section, the ODP
of these hydrocarbons is zero, the GWPs are less than 10, and effects
on aquatic life from these hydrocarbons are expected to be small. As to
potential effects on local air quality, based on the analysis and
modeling results described above, EPA concludes that the four saturated
hydrocarbon refrigerant substitutes proposed to be listed as acceptable
subject to use conditions in specific end-uses--ethane, isobutane,
propane, and R-441A--are expected to have little impact on local air
quality. In addition, when examining all hydrocarbon substitute
refrigerants in those uses for which UL currently has standards in
place, for which the SNAP program has already listed the uses as
acceptable subject to use conditions, or for which the SNAP program is
reviewing a submission, including those in this rule, we found that
even if all the refrigerant in appliances in end-uses addressed in this
proposed rule were to be emitted, there would be a worst-case impact of
less than 0.2% of the NAAQS for ground-level ozone in the Los Angeles
area. In light of its evaluation of potential environmental impacts,
EPA concludes that the four hydrocarbon refrigerant substitutes in the
end-uses at issue in this proposal are not expected to pose a threat to
the environment on the basis of the limited quantities used in the
relevant end-uses and applications and on the basis of the inherent
characteristics of these substances (ICF, 2014a).
2. Toxicity and Flammability
As discussed above in sections IV.B., ``Flammability and fire
safety'' and IV.C., ``Toxicity,'' EPA's SNAP program evaluated the
potential for fire risk from flammability and toxicity risks from
exposure to the substitute refrigerants in this proposal. EPA is
providing some of that information in this section as well.
Hydrocarbons, including ethane, propane, isobutane and the
hydrocarbon blend R-441A, are classified as A3 refrigerants by ASHRAE
Standard 34-2010, indicating that they have low toxicity and high
flammability. Hydrocarbons considered in this proposal have lower
flammability limits (LFLs) ranging from 1.8% to 3.0% (18,000 ppm to
30,000 ppm). To address flammability risks, EPA is issuing
[[Page 38829]]
recommendations for their safe use (see section VII, ``What
recommendations does EPA have for safe use of the proposed flammable
substitute refrigerants?'' below) and specified use conditions. The
SNAP program's analysis suggests that the use conditions proposed in
this rule mitigate flammability risks.
Like most refrigerants, hydrocarbons can displace oxygen at high
concentrations 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 proposed in this rule mitigate potential asphyxiation
and toxicity risks. Furthermore, the Agency believes that the
flammability risks and occupational exposures to hydrocarbons are
adequately regulated by OSHA, building, and fire codes at a local and
national level.
3. Authorities, Controls, and Practices
EPA believes that existing authorities, controls, and practices
would help mitigate environmental risk from the release of these
hydrocarbon refrigerants. Analyses performed for both this proposed
rule and the SNAP rules issued in 1994 and 2011 (March 17, 1994, at 59
FR 13044 and December 20, 2011, at 76 FR 38832, respectively) indicate
that existing regulatory requirements and industry practices designed
to limit and control these substances adequately control the emission
of the hydrocarbon refrigerants proposed to be listed in this action.
As explained below, EPA concludes that the limits and controls under
other authorities, regulations or practices adequately control the
release of and exposure to the four hydrocarbon substitute refrigerants
and mitigate risks from any possible release.
This conclusion is relevant to the second factor mentioned above in
the overall determination of whether venting, release, or disposal of a
substitute refrigerant poses a threat to the environment--that is, a
consideration of the extent that such venting, release, or disposal is
adequately controlled by other authorities, regulations, or practices.
As such, this conclusion is another part of the determination that the
venting, release, or disposal of these four hydrocarbon refrigerants
would not pose a threat to the environment.
Industry service practices and OSHA standards and guidelines
address hydrocarbon 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,
hydrocarbon 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. Further,
the SNAP rule listing hydrocarbons as acceptable subject to use
conditions for use in household and commercial stand-alone
refrigerators and freezers (December 20, 2011, at 76 FR 78832), we
noted that the amount of refrigerant from a refrigerant loop is limited
(57 g for household refrigerators and freezers, and 150 g for
commercial stand-alone refrigerators and freezers), indicating that
hydrocarbon emissions from such uses are likely to be relatively small.
Similar charge limits are proposed to apply to very low temperature
refrigeration equipment, non-mechanical heat transfer equipment, and
vending machines, with larger but still limited charges for room air
conditioners (1000 g for hydrocarbon refrigerants).
Hydrocarbons that are also VOC may be regulated as VOC under
sections of the Clean Air Act that address nonattainment, attainment
and maintenance of the National Ambient Air Quality Standards for
ground level ozone, including those sections addressing development of
State Implementation Plans and those addressing permitting of VOC
sources.
The release and/or disposal of many refrigerant substitutes,
including hydrocarbons, are controlled by other authorities including
those established by OSHA and NIOSH guidelines, various standards, and
state and 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, EPA
believes these practices and controls for the use of hydrocarbons are
sufficiently protective. These practices and controls could help
mitigate the risk to the environment that may be posed by the venting,
release or disposal of these four hydrocarbon refrigerants during the
maintaining, servicing, repairing, or disposing of appliances. This
conclusion addresses the second factor in the analysis described above
and is thus part of the determination that the venting, release, or
disposal of these hydrocarbon refrigerant substitutes does not pose a
threat to the environment.
4. Conclusion
EPA has reviewed the potential environmental impacts of four
hydrocarbon refrigerant substitutes in the end-uses that we are
proposing to list subject to use conditions under SNAP, as well as the
authorities, controls and practices in place for those hydrocarbon
refrigerant substitutes. Specifically, EPA concludes that these four
hydrocarbon refrigerant substitutes in the proposed end-uses and
subject to the proposed use conditions are not expected to pose a
threat to the environment based on the inherent characteristics of
these substances and the limited quantities used in the relevant
applications. EPA additionally concludes that existing authorities,
controls, and practices help mitigate environmental risk from the
release of those four hydrocarbons in the proposed end-uses and subject
to the proposed use conditions. In light of these conclusions and those
described or identified above in this section, we are proposing to
determine, in accordance with 608(c)(2), that based on current evidence
and risk analyses, the venting, release or disposal of these four
hydrocarbon refrigerant substitutes in the end-uses proposed does not
pose a threat to the environment. Furthermore, EPA is proposing to
exempt from the venting prohibition at 40 CFR 82.154(a)(1) these
additional uses for which hydrocarbons are being proposed to be found
acceptable subject to use conditions under the SNAP program.
EPA seeks information or data on whether there currently is an
industry standard for recovery units for flammable refrigerants and
whether there are commercially available recovery units that are
specifically designed to be compatible with ethane, isobutane, propane,
and R-441A. At this time, EPA is unaware of any recovery units that are
designed specifically for recovering hydrocarbons and which are readily
available in the U.S. Further, we are not aware of relevant U.S.
standards for such recovery units. However, to the extent that these
hydrocarbons are recovered rather than vented as would be allowed in
the specified end-uses if this proposal became final, EPA recommends
the use of recovery equipment designed for flammable refrigerants, when
such equipment and relevant U.S. standards for it become available, in
accordance with applicable safe handling practices.
[[Page 38830]]
E. What is EPA proposing regarding venting, release, or disposal of
refrigerant substitutes, other than hydrocarbons, included in our
proposed decision?
Today's proposed rulemaking would regulate the use of HFC-32 in
room AC units. All HFCs are currently subject to the venting
prohibition. EPA is not proposing to extend the exemption to HFC-32 or
any refrigerant blends that contain HFC-32 or any other HFC. Further,
the exemption to the venting prohibition proposed in this NPRM does not
extend to blends of hydrocarbons and other types of compounds, e.g.,
blends of HFCs and hydrocarbons. Such refrigerant substitutes would
still be subject to the statutory and regulatory venting prohibition.
VII. What recommendations does EPA have for safe use of the proposed
flammable substitute refrigerants?
EPA recommends that only technicians specifically trained in
handling flammable refrigerant substitutes service or dispose of
refrigeration and AC equipment containing these substances. Technicians
should know how to minimize the risk of fire and the procedures for
using flammable refrigerant substitutes safely. Releases of large
quantities of refrigerant substitutes during servicing and
manufacturing, especially in enclosed, poorly ventilated spaces or in
areas where large amounts of refrigerant are stored, could cause an
explosion if an ignition source exists nearby. For these reasons, it is
important that only properly trained technicians handle flammable
refrigerant substitutes when maintaining, servicing, repairing, or
disposing of household and retail food refrigerators and freezers, very
low temperature freezers, non-mechanical heat transfer equipment (e.g.,
thermosiphons), and room air conditioners. In addition, EPA recommends
that if hydrocarbon refrigerant substitutes were vented, released, or
disposed of (rather than recovered), as would be allowed in the
specified end-uses if this proposal became final, the release should be
in a well-ventilated area, such as outside of a building.
We are aware that at least one organization, Refrigeration Service
Engineers Society (RSES), has developed a technician training program
in collaboration with refrigeration equipment manufacturers and users
that addresses safe use of flammable refrigerant substitutes. In
addition, EPA has reviewed several training programs provided as part
of SNAP submissions from persons interested in flammable refrigerant
substitutes. EPA intends to update the CAA Section 608 technician
certification test bank provided to approved organizations that
administer the certification exams in accordance with 40 CFR 82.161 to
specifically include questions concerning flammable refrigerant
substitutes.
EPA considered proposing a use condition requiring training in
handling flammable refrigerant substitutes for technicians who service
or dispose of refrigeration and AC equipment containing these
substitutes. However, we do not have sufficient information on the core
elements that should be part of such a training program to ensure that
a training requirement would improve safety. Some examples of potential
core elements that EPA might consider include:
EPA's relevant use conditions for flammable refrigerants;
relevant OSHA requirements for flammable gases; relevant
industry standards (e.g., UL, ASHRAE, NFPA);
MSDS information, including first aid and physical and
chemical characteristics of flammable refrigerants; and
requirements and procedures for safe storage and handling
of flammable refrigerants.
EPA requests comment on whether we should establish a use condition
requiring training in handling flammable refrigerant substitutes for
technicians servicing or disposing of equipment containing such
substitutes, and if so, what should be the mandatory elements of such
training.
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' It raises novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Accordingly, EPA submitted this action to the Office of Management and
Budget (OMB) for review under EO 12866 and 13563 (76 FR 3821, January
21, 2011) and any changes made in response to OMB recommendations have
been documented in the docket for this action.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This proposed rule is an Agency determination. It contains no new
requirements for reporting or recordkeeping. 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 number 2060-0226. 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 and 48 CFR Chapter 15.C.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 statute 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 this 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; (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 this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
[[Page 38831]]
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule. The use conditions of
this proposed rule, if finalized, would apply to manufacturers of
household and commercial refrigerators and freezers, vending machines,
non-mechanical heat transfer equipment, very low temperature
refrigeration equipment for laboratories and room air conditioners that
choose to use these refrigerants. Today's action, if finalized, would
allow equipment manufacturers the additional options of using ethane,
HFC-32, isobutane, propane, and R-441A in the specified end-uses but
does not mandate such use. Because refrigeration and AC equipment for
these refrigerants are not manufactured yet in the U.S. for the
proposed end-uses (with the exception of limited test-marketing), no
change in business practice would be required to meet the use
conditions, resulting in no adverse impact compared to the absence of
this rule. Proposed provisions that would allow venting of hydrocarbon
refrigerants in the uses addressed by this rule would reduce regulatory
burden. Thus, the rule would not impose any new costs on small entities
if finalized as proposed. EPA continues to be interested in the
potential impacts of the proposed rule on small entities and welcomes
comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any State, local, or
tribal governments or the private sector. The enforceable requirements
of this proposed rule related to integrating risk mitigation devices,
markings, and procedures for maintaining safety of refrigeration and AC
equipment using flammable refrigerants affect only a small number of
manufacturers of refrigeration and AC equipment and their technicians.
Therefore, this rule is not subject to the requirements of sections 202
and 205 of the UMRA. This action 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. This regulation applies equipment manufacturers and not to
governmental entities. Today's action, if finalized, would allow
equipment manufacturers the additional options of using ethane, HFC-32,
isobutane, propane, and R-441A in the specified end-uses. Because
refrigeration and AC equipment for these refrigerants are not
manufactured yet in the U.S. for the proposed end-uses, no change in
business practice would be required to meet the use conditions. This
proposed rule does not mandate a switch to these substitutes;
consequently, there is no direct economic impact on entities from this
rulemaking.
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, 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 action. In the
spirit of Executive Order 13132, and consistent with EPA policy to
promote communications between EPA and State and local governments, EPA
specifically solicits comments on this proposed action from State and
local officials.
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 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.
EPA specifically solicits additional comment on this proposed action
from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in E.O. 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 proposed rule provides both
regulatory restrictions and recommended guidelines based upon risk
screens conducted in order to reduce risk of fire and explosion. This
proposed rule, if finalized, would provide refrigerant substitutes that
have no ODP and lower GWP than other substitutes currently listed as
acceptable. The reduction in ODS and GHG emissions would assist in
restoring the stratospheric ozone layer and provide climate benefits.
The public is invited to submit comments or identify peer-reviewed
studies and data that assess effects of early life exposure to the
refrigerant substitutes addressed in this action.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211, (66 FR 28355 (May 22, 2001)) because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Preliminary information indicates that
these new systems may be more energy efficient than currently available
systems in some climates.
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, (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its 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 proposed
rule involves technical standards. EPA proposes to use current editions
of the Underwriters Laboratories (UL) standards 250, 471, 541 and 484,
which include requirements for safety and reliability for flammable
refrigerants. This proposed rule regulates the safety and deployment of
new substitutes for household and commercial refrigerators and
freezers, vending machines, non-mechanical heat transfer equipment,
very low temperature refrigeration equipment, and room air
conditioners.
EPA welcomes comment on this aspect of the proposed rulemaking and,
specifically invites the public to identify potentially applicable
voluntary consensus standards and to explain why
[[Page 38832]]
such standards should be used in this regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (E.O.) 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 proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of human health and environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority or low-income population. This proposed rule, if finalized,
would provide refrigerant substitutes that have no ODP and lower GWP
than other substitutes currently listed as acceptable. The reduction in
ODS and GHG emissions would assist in restoring the stratospheric ozone
layer and provide climate benefits.
IX. References
This preamble references the following documents, which are also in
the Air Docket at the address listed in Section I.B.1. Unless specified
otherwise, all documents are available electronically through the
Federal Docket Management System, Docket EPA-HQ-OAR-2013-
0748.
Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2012.
AHRI Guideline N-2012: Assignment of Refrigerant Container Colors.
2012.
ASHRAE, 2010. American National Standards Institute (ANSI)/American
Society of Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE). Standard 34-2010 (supersedes ANSI/ASHRAE Standard 34-
2007): Designation and Safety Classification of Refrigerants. 2010.
A.S. Trust & Holdings, 2012. Significant New Alternatives Policy
Program Submission to the United States Environmental Protection
Agency for R-441A in retail food refrigeration.
A/S Vestfrost, 2012. Significant New Alternatives Policy Program
Submission to the United States Environmental Protection Agency for
isobutane in retail food refrigeration.
Climate Action Plan, 2013. The President's Climate Action Plan.
Executive Office of the President. June, 2013. Available online at
www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf.
Chinese Household Electrical Appliance Association (CHEAA), 2013.
Significant New Alternatives Policy Program Submission to the United
States Environmental Protection Agency for Propane (R-290) in
residential and light commercial air conditioning and dehumidifiers.
Daikin, 2011. Significant New Alternatives Policy Program Submission
to the United States Environmental Protection Agency for HFC-32 in
residential and light commercial air conditioning.
EPA, 2014. Derivation of Charge Limits for Room Air Conditioners.
Staff memo to Air Docket. 2014.
ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon
Refrigerants on Ground-Level Ozone Concentrations.
ICF, 2014b. Risk Screen on Substitutes for CFC-12, HCFC-22 and R-502
in Retail Food Refrigeration; Substitute: Isobutane (R-600a)
ICF, 2014c. Risk Screen on Substitutes for CFC-12, HCFC-22 and R-502
in Retail Food Refrigeration; Substitute: R-441A.
ICF, 2014d. Risk Screen on Substitute for CFC-12, CFC-13, R-13B1,
and R-503 in Very Low Temperature Refrigeration and Non-Mechanical
Heat Transfer; Substitute: Ethane (R-170).
ICF, 2014e. Risk Screen on Substitutes for CFC-12 and R-502 in
Vending Machines; Substitute: R-441A.
ICF, 2014f. Risk Screen on Substitutes for CFC-12 and R-502 in
Vending Machines; Substitute: Isobutane (R-600a).
ICF, 2014g. Risk Screen on Substitutes for CFC-12 and R-502 in
Vending Machines; Substitute: Propane (R-290).
ICF, 2014h. Risk Screen on Substitutes for CFC-12 and HCFC-22 in
Household Refrigerators and Household Freezers.; Substitute: Propane
(R-290).
ICF, 2014i. Risk Screen on Substitutes for HCFC-22 in Residential
and Light Commercial Air Conditioning and Heat Pumps; Substitute:
Propane (R-290).
ICF, 2014j. Risk Screen on Substitutes for HCFC-22 in Residential
and Light Commercial Air Conditioning and Heat Pumps; Substitute:
HFC-32 (Difluoromethane).
ICF, 2014k. Risk Screen on Substitutes for HCFC-22 in Residential
and Light Commercial Air Conditioning and Heat Pumps; Substitute: R-
441A.
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., D. Qin,
M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L.
Miller (eds.)]. Cambridge University Press, Cambridge, United
Kingdom and New York, NY, USA. This document is accessible at
www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html.
Montzka, S.A., 2012. HFCs in the Atmosphere: Concentrations,
Emissions and Impacts, ASHRAE/NIST Conference 2012.
NOAA, 2013. NOAA emissions data on HFCs. Available online at ftp://ftp.cmdl.noaa.gov/hats/hfcs/.
ORNL, 1997. J. Sand, S. Fischer, and V. Baxter, ``Energy and Global
Warming Impacts of HFC Refrigerants and Emerging Technologies,''
1997, Oak Ridge National Lab.
Sheldon, 1989. Sheldon, L.S., et al. 1989. ``An Investigation of
Infiltration and Indoor Air Quality.'' New York State Energy
Research & Development Authority, Report 90-11. As cited in ICF,
2014h, Risk screen for propane in household refrigerators and
freezers.
Underwriters Laboratories (UL) 250. UL 250: Household Refrigerators
and Freezers. 10th edition. Supplement SA: Requirements for
Refrigerators and Freezers Employing a Flammable Refrigerant in the
Refrigerating System. August 2000.
UL 471. Commercial Refrigerators and Freezers. 10th edition.
Supplement SB: Requirements for Refrigerators and Freezers Employing
a Flammable Refrigerant in the Refrigerating System. November 2010.
UL 484. Room Air Conditioners. 8th edition. Supplement SA:
Requirements for Refrigerated Venders Employing a Flammable
Refrigerant in the Refrigerating System. August 2012.
UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA:
Requirements for Room Air Conditioners Employing a Flammable
Refrigerant in the Refrigerating System. December 2011.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Recycling, Reporting
and recordkeeping requirements, Stratospheric ozone layer.
Dated: June 26, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, 40 CFR part 82 is proposed
to be amended as follows:
PART 82--[AMENDED]
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
0
2. In Sec. 82.154, add paragraph (a)(1)(iii) to read as follows:
Sec. 82.154 Prohibitions.
(a) * * *
(1) * * *
[[Page 38833]]
(iii) Effective [DATE 60 DAYS AFTER DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER], isobutane (R-600a) and R-441A as
substitutes in retail food refrigerators and freezers (stand-alone
units only); propane (R-290) as a substitute in household
refrigerators, freezers, and combination refrigerators and freezers;
ethane (R-170) as a substitute in very low temperature refrigeration
equipment and equipment for non-mechanical heat transfer; R-441A,
propane, and isobutane as substitutes in vending machines; and propane
and R-441A in self-contained room air conditioners for residential and
light commercial air conditioning and heat pumps.
* * * * *
Appendix R to Subpart G of Part 82--[Amended]
0
3. Revise Appendix R to subpart G of part 82 to read as follows:
Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011, Final Rule, Effective
February 21, 2012, and in the [DATE OF PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER] Final Rule, Effective [DATE 60 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER]
Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household refrigerators, freezers, Isobutane (R-600a).. Acceptable subject These refrigerants may be used only Applicable OSHA requirements at 29
and combination refrigerators and Propane............. to use conditions. in new equipment designed CFR part 1910 must be followed,
freezers (New equipment only). (R-290)............. specifically and clearly including those at 29 CFR 1910.106
R-441A.............. identified for the refrigerant (flammable and combustible
(i.e., none of these substitutes liquids), 1910.110 (storage and
may be used as a conversion or handling of liquefied petroleum
``retrofit'' refrigerant for gases), 1910.157 (portable fire
existing equipment designed for a extinguishers), and 1910.1000
different refrigerant). (toxic and hazardous substances).
These refrigerants may be used only Proper ventilation should be
in a refrigerator or freezer, or maintained at all times during the
combination refrigerator and manufacture and storage of
freezer, that meets all equipment containing hydrocarbon
requirements listed in Supplement refrigerants through adherence to
SA to the 10th edition of the good manufacturing practices as
Underwriters Laboratories (UL) per 29 CFR 1910.106. If
Standard for Household refrigerant levels in the air
Refrigerators and Freezers, UL surrounding the equipment rise
250, dated August 25, 2000. In above one-fourth of the lower
cases where the final rule flammability limit, the space
includes requirements more should be evacuated and re-entry
stringent than those of the 10th should occur only after the space
edition of UL 250, the appliance has been properly ventilated.
must meet the requirements of the Technicians and equipment
final rule in place of the manufacturers should wear
requirements in the UL Standard. appropriate personal protective
The quantity of the substitute equipment, including chemical
refrigerant (i.e., ``charge goggles and protective gloves,
size'') must not exceed 57 grams when handling these refrigerants.
(2.01 ounces) in any refrigerator, Special care should be taken to
freezer, or combination avoid contact with the skin since
refrigerator and freezer for each these refrigerants, like many
circuit. 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 38834]]
Household refrigerators, freezers, Isobutane (R-600a).. Acceptable subject As provided in clauses SA6.1.1 and Room occupants should evacuate the
and combination refrigerators and Propane............. to use conditions. SA6.1.2 of UL Standard 250, 10th space immediately following the
freezers (New equipment only). (R-290)............. edition, the following markings accidental release of this
R-441A.............. must be attached at the locations refrigerant.
provided and must be permanent: If a service port is added then
(a) On or near any evaporators that household refrigerators, freezers,
can be contacted by the consumer: and combination refrigerator and
``DANGER--Risk of Fire or freezers using these refrigerants
Explosion. Flammable Refrigerant should have service aperture
Used. Do Not Use Mechanical fittings that differ from fittings
Devices To Defrost Refrigerator. used in equipment or containers
Do Not Puncture Refrigerant using non-flammable refrigerant.
Tubing.''. ``Differ'' means that either the
(b) Near the machine compartment: diameter differs by at least \1/
``DANGER--Risk of Fire or 16\ inch or the thread direction
Explosion. Flammable Refrigerant is reversed (i.e., right-handed
Used. To Be Repaired Only By vs. left-handed). These different
Trained Service Personnel. Do Not fittings should be permanently
Puncture Refrigerant Tubing.''. affixed to the unit at the point
(c) Near the machine compartment: of service and maintained until
``CAUTION--Risk of Fire or the end-of-life of the unit, and
Explosion. Flammable Refrigerant should not be accessed with an
Used. Consult Repair Manual/ adaptor.
Owner's Guide Before Attempting To
Service This Product. All Safety
Precautions Must Be Followed.''.
(d) On the exterior of the
refrigerator: ``CAUTION--Risk
of Fire or Explosion. Dispose
of Properly In Accordance With
Federal Or Local Regulations.
Flammable Refrigerant Used.''.
(e) Near any and all exposed
refrigerant tubing: ``CAUTION--
Risk of Fire or Explosion Due
To Puncture Of Refrigerant
Tubing; Follow Handling
Instructions Carefully.
Flammable Refrigerant Used.''.
All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The refrigerator, freezer, or
combination refrigerator and
freezer must have red,
Pantone[supreg] Matching System
(PMS) 185 marked pipes,
hoses, or 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.
Retail food refrigerators and Isobutane (R-600a).. Acceptable subject As provided in clauses SB6.1.2 to Room occupants should evacuate the
freezers (stand-alone units only) Propane............. to use conditions. SB6.1.5 of UL Standard 471, 10th space immediately following the
(New equipment only). (R-290)............. edition, the following markings accidental release of this
R-441A.............. must be attached at the locations refrigerant.
provided and must be permanent: If a service port is added then
(a) Attach on or near any retail food refrigerators and
evaporators that can be contacted freezers using these refrigerants
by the consumer: ``DANGER--Risk of should have service aperture
Fire or Explosion. Flammable fittings that differ from fittings
Refrigerant Used. Do Not Use used in equipment or containers
Mechanical Devices To Defrost using non-flammable refrigerant.
Refrigerator. Do Not Puncture ``Differ'' means that either the
Refrigerant Tubing.''. diameter differs by at least \1/
(b) Attach near the machine 16\ inch or the thread direction
compartment: ``DANGER--Risk of is reversed (i.e., right-handed
Fire or Explosion. Flammable vs. left-handed). These different
Refrigerant Used. To Be Repaired fittings should be permanently
Only By Trained Service Personnel. affixed to the unit at the point
Do Not Puncture Refrigerant of service and maintained until
Tubing.''. the end-of-life of the unit, and
should not be accessed with an
adaptor.
[[Page 38835]]
(c) Attach near the machine
compartment: ``CAUTION--Risk of
Fire or Explosion. Flammable
Refrigerant Used. Consult
Repair Manual/Owner's Guide
Before Attempting To Service
This Product. All Safety
Precautions Must be Followed.''.
(d) Attach on the exterior of
the refrigerator: ``CAUTION--
Risk of Fire or Explosion.
Dispose of Properly In
Accordance With Federal Or
Local Regulations. Flammable
Refrigerant Used.''.
(e) Attach near any and all
exposed refrigerant tubing:
``CAUTION--Risk of Fire or
Explosion Due To Puncture Of
Refrigerant Tubing; Follow
Handling Instructions
Carefully. Flammable
Refrigerant Used.''.
All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The refrigerator or freezer must
have red, Pantone[supreg] Matching
System (PMS) 185 marked
pipes, hoses, and other devices
through which the refrigerant is
serviced, typically known as the
service port, to indicate the use
of a flammable refrigerant. This
color must be present at all
service ports and where service
puncturing or otherwise creating
an opening from the refrigerant
circuit to the atmosphere might be
expected (e.g., process tubes).
The color mark must extend at
least 2.5 centimeters (1 inch)
from the compressor and must be
replaced if removed.
Very low temperature refrigeration Ethane (R-170)...... Acceptable subject This refrigerant may be used only Applicable OSHA requirements at 29
Non-mechanical heat transfer (New to use conditions. in new equipment specifically CFR part 1910 must be followed,
equipment only). designed and clearly identified including those at 29 CFR 1910.94
for the refrigerant (i.e., the (ventilation) and 1910.106
substitute may not be used as a (flammable and combustible
conversion or ``retrofit'' liquids), 1910.110 (storage and
refrigerant for existing equipment handling of liquefied petroleum
designed for other refrigerants). gases), and 1910.1000 (toxic and
These substitutes may only be used hazardous substances).
in equipment that meets all Proper ventilation should be
requirements in Supplement SB to maintained at all times during the
the 10th edition of the manufacture and storage of
Underwriters Laboratories (UL) equipment containing hydrocarbon
Standard for Commercial refrigerants through adherence to
Refrigerators and Freezers, UL good manufacturing practices as
471, dated November 24, 2010. In per 29 CFR 1910.106. If
cases where the final rule refrigerant levels in the air
includes requirements more surrounding the equipment rise
stringent than those of the 10th above one-fourth of the lower
edition of UL 471, the appliance flammability limit, the space
must meet the requirements of the should be evacuated and re-entry
final rule in place of the should occur only after the space
requirements in the UL Standard.. has been properly ventilated.
The charge size for the retail food Technicians and equipment
refrigerator or freezer must not manufacturers should wear
exceed 150 grams (5.29 ounces) in appropriate personal protective
each circuit. 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
refrigerators and freezers 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.
[[Page 38836]]
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.
Very low temperature refrigeration Ethane (R-170)...... Acceptable subject As provided in clauses SB6.1.2 to Room occupants should evacuate the
Non-mechanical heat transfer (New to use conditions. SB6.1.5 of UL Standard 471, 10th space immediately following the
equipment only). edition, the following markings accidental release of this
must be attached at the locations refrigerant.
provided and must be permanent: If a service port is added then
(a) Attach on or near any refrigeration equipment using this
evaporators that can be contacted refrigerant should have service
by the consumer: ``DANGER--Risk of aperture fittings that differ from
Fire or Explosion. Flammable fittings used in equipment or
Refrigerant Used. Do Not Use containers using non-flammable
Mechanical Devices To Defrost refrigerant. ``Differ'' means that
Refrigerator. Do Not Puncture either the diameter differs by at
Refrigerant Tubing.''. least \1/16\ inch or the thread
(b) Attach near the machine direction is reversed (i.e., right-
compartment: ``DANGER--Risk of handed vs. left-handed). These
Fire or Explosion. Flammable different fittings should be
Refrigerant Used. To Be Repaired permanently affixed to the unit at
Only By Trained Service Personnel. the point of service and
Do Not Puncture Refrigerant maintained until the end-of-life
Tubing.''. of the unit, and should not be
(c) Attach near the machine accessed with an adaptor.
compartment: ``CAUTION--Risk of Example of non-mechanical heat
Fire or Explosion. Flammable transfer using this refrigerant
Refrigerant Used. Consult Repair would be use in a secondary loop
Manual/Owner's Guide Before of a thermosiphon.
Attempting To Service This
Product. All Safety Precautions
Must be Followed.''.
(d) Attach 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) Attach 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[supreg] Matching
System (PMS) 185 marked
pipes, hoses, and other devices
through which the refrigerant is
serviced, typically known as the
service port, to indicate the use
of a flammable refrigerant. This
color must be present at all
service ports and where service
puncturing or otherwise creating
an opening from the refrigerant
circuit to the atmosphere might be
expected (e.g., process tubes).
The color mark must extend at
least 2.5 centimeters (1 inch)
from the compressor and must be
replaced if removed.
Vending Machines (New equipment Isobutane (R-600a).. Acceptable subject These refrigerants may be used only Applicable OSHA requirements at 29
only). Propane............. to use conditions. in new equipment specifically CFR part 1910 must be followed,
(R-290)............. designed and clearly identified including those at 29 CFR 1910.94
R-441A.............. for the refrigerants (i.e., none (ventilation) and 1910.106
of these substitutes may be used (flammable and combustible
as a conversion or ``retrofit'' liquids), 1910.110 (storage and
refrigerant for existing equipment handling of liquefied petroleum
designed for other refrigerants). gases), and 1910.1000 (toxic and
hazardous substances).
[[Page 38837]]
Where it is possible to easily Proper ventilation should be
detach and replace the old maintained at all times during the
refrigeration circuit from the manufacture and storage of
outer casing of the equipment. equipment containing hydrocarbon
with a new one containing a new refrigerants through adherence to
evaporator, condenser and good manufacturing practices as
refrigerant tubing within the old per 29 CFR 1910.106. If
casing, this is considered ``new'' refrigerant levels in the air
equipment and not a retrofit of surrounding the equipment rise
the old, existing equipment. above one-fourth of the lower
These substitutes may only be used flammability limit, the space
in equipment that meets all should be evacuated and re-entry
requirements in Supplement SA to should occur only after the space
the 7th edition of the has been properly ventilated.
Underwriters Laboratories (UL) Technicians and equipment
Standard for Refrigerated Vending manufacturers should wear
Machines, UL 541, dated December, appropriate personal protective
2011. In cases where the final equipment, including chemical
rule includes requirements more goggles and protective gloves,
stringent than those of the 7th when handling propane. Special
edition of UL 541, the appliance care should be taken to avoid
must meet the requirements of the contact with the skin since
final rule in place of the ethane, like many refrigerants,
requirements in the UL Standard. can cause freeze burns on the
The charge size for the skin.
refrigeration equipment must not ...................................
exceed 150 grams (5.29 ounces) in Technicians should only use spark-
each circuit. 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
this refrigerant. Technicians
should gain an understanding of
minimizing the risk of fire and
the steps to use flammable
refrigerants safely.
Vending Machines (New equipment Isobutane (R-600a).. Acceptable subject As provided in clauses SA6.1.2 to Room occupants should evacuate the
only). Propane............. to use conditions. SA6.1.5 of UL Standard 541, 7th space immediately following the
(R-290)............. edition, the following markings accidental release of this
R-441A.............. must be attached at the locations refrigerant.
provided and must be permanent: If a service port is added then
(a) Attach on or near any refrigeration equipment using this
evaporators that can be contacted refrigerant should have service
by the consumer: ``DANGER--Risk of aperture fittings that differ from
Fire or Explosion. Flammable fittings used in equipment or
Refrigerant Used. Do Not Use containers using non-flammable
Mechanical Devices To Defrost refrigerant. ``Differ'' means that
Refrigerator. Do Not Puncture either the diameter differs by at
Refrigerant Tubing.''. least \1/16\ inch or the thread
(b) Attach near the machine direction is reversed (i.e., right-
compartment: ``DANGER--Risk of handed vs. left-handed). These
Fire or Explosion. Flammable different fittings should be
Refrigerant Used. To Be Repaired permanently affixed to the unit at
Only By Trained Service Personnel. the point of service and
Do Not Puncture Refrigerant maintained until the end-of-life
Tubing.''. of the unit, and should not be
(c) Attach near the machine accessed with an adaptor.
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.''.
[[Page 38838]]
(d) Attach 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) Attach 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[supreg] Matching
System (PMS) 185 marked
pipes, hoses, and other devices
through which the refrigerant is
serviced, typically known as the
service port, to indicate the use
of a flammable refrigerant. This
color must be present at all
service ports and where service
puncturing or otherwise creating
an opening from the refrigerant
circuit to the atmosphere might be
expected (e.g., process tubes).
The color mark must extend at
least 2.5 centimeters (1 inch)
from the compressor and must be
replaced if removed.
Residential and light-commercial HFC-32.............. Acceptable subject These refrigerants may be used only Applicable OSHA requirements at 29
air conditioning and heat pumps-- Propane............. to use conditions. in new equipment specifically CFR part 1910 must be followed,
self-contained room air (R-290)............. designed and clearly identified including those at 29 CFR 1910.94
conditioners only (New equipment R-441A.............. for the refrigerants (i.e., none (ventilation) and 1910.106
only). of these substitutes may be used (flammable and combustible
as a conversion or ``retrofit'' liquids), 1910.110 (storage and
refrigerant for existing equipment handling of liquefied petroleum
designed for other refrigerants). gases), and 1910.1000 (toxic and
These substitutes may only be used hazardous substances).
in equipment that meets all Proper ventilation should be
requirements in Supplement SA and maintained at all times during the
Appendixes B through F of the 8th manufacture and storage of
edition of the Underwriters equipment containing hydrocarbon
Laboratories (UL) Standard for refrigerants through adherence to
Room Air Conditioners, UL 484, good manufacturing practices as
dated August 3, 2012. In cases per 29 CFR 1910.106. If
where the final rule includes refrigerant levels in the air
requirements more stringent than surrounding the equipment rise
those of the 8th edition of UL above one-fourth of the lower
484, the appliance must meet the flammability limit, the space
requirements of the final rule in should be evacuated and re-entry
place of the requirements in the should occur only after the space
UL Standard. has been properly ventilated.
The charge size for the entire air Technicians and equipment
conditioner must not exceed the manufacturers should wear
maximum refrigerant mass appropriate personal protective
determined according to Appendix F equipment, including chemical
of UL 484, 8th edition for the goggles and protective gloves,
room size where the air when handling propane. Special
conditioner is used. The charge care should be taken to avoid
size for these three refrigerants contact with the skin since
must in no case exceed 7960 g propane, like many refrigerants,
(280.8 oz or 17.55 lb) of HFC-32; can cause freeze burns on the
1000 g (35.3 oz or 2.21 lbs) of skin.
propane; or 1000 g (35.3 oz or A class B dry powder type fire
2.21 lb) of R-441A. The extinguisher should be kept
manufacturer must design a charge nearby.
size for the entire air Technicians should only use spark-
conditioner that does not exceed proof tools when working on air
the amount specified for the conditioning equipment with
unit's cooling capacity, as flammable refrigerants.
specified in Table A, B, C, or D Any recovery equipment used should
of this appendix. 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
this refrigerant. Technicians
should gain an understanding of
minimizing the risk of fire and
the steps to use flammable
refrigerants safely.
[[Page 38839]]
Residential and light-commercial HFC-32.............. Acceptable subject As provided in clauses SA6.1.2 to Room occupants should evacuate the
air conditioning and heat pumps-- Propane............. to use conditions. SA6.1.5 of UL 484, 8th edition, space immediately following the
self-contained room air (R-290)............. the following markings must be accidental release of this
conditioners only (New equipment R-441A.............. attached at the locations provided refrigerant.
only). and must be permanent: If a service port is added then air
(a) On the outside of the air conditioning equipment using this
conditioner: ``DANGER--Risk of refrigerant should have service
Fire or Explosion. Flammable aperture fittings that differ from
Refrigerant Used. To Be Repaired fittings used in equipment or
Only By Trained Service Personnel. containers using non-flammable
Do Not Puncture Refrigerant refrigerant. ``Differ'' means that
Tubing.''. either the diameter differs by at
(b) On the outside of the air least \1/16\ inch or the thread
conditioner: ``CAUTION--Risk of direction is reversed (i.e., right-
Fire or Explosion. Dispose of handed vs. left-handed). These
Properly In Accordance With different fittings should be
Federal Or Local Regulations. permanently affixed to the unit at
Flammable Refrigerant Used.''. the point of service and
(c) On the inside of the air maintained until the end-of-life
conditioner near the compressor: of the unit, and should not be
``CAUTION--Risk of Fire or accessed with an adaptor.
Explosion. Flammable Refrigerant Air conditioning equipment in this
Used. Consult Repair Manual/ category includes:
Owner's Guide Before Attempting To Window air conditioning units.
Service This Product. All Safety Portable room air conditioners.
Precautions Must be Followed.''. Packaged terminal air conditioners
and heat pumps.
(d) On the outside of each
portable air conditioner:
``WARNING: Appliance shall be
installed, operated and stored
in a room with a floor area
larger the ``X'' m\2\ (Y
ft\2\).'' The value ``X'' on
the label must be determined
using the minimum room size in
m\2\ calculated using Appendix
F of UL 484, 8th edition. For R-
441A, use a lower flammability
limit of 0.041 kg/m\3\ in
calculations in Appendix F of
UL 484, 8th edition.
(e) All of these markings must
be in letters no less than 6.4
mm (\1/4\ inch) high.
The air conditioning equipment must
have red, Pantone[supreg] Matching
System (PMS) 185 marked
pipes, hoses, and other devices
through which the refrigerant is
serviced, typically known as the
service port, to indicate the use
of a flammable refrigerant. This
color must be present at all
service ports and where service
puncturing or otherwise creating
an opening from the refrigerant
circuit to the atmosphere might be
expected (e.g., process tubes).
The color mark must extend at
least 2.5 centimeters (1 inch)
from the compressor and must be
replaced if removed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are
incorporated by reference, and the referenced sections are made part of the regulations in part 82:
1. UL 250: Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and Freezers Employing a Flammable
Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. August 25, 2000.
2. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the
Refrigerating System. December 30, 2011
4. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
Refrigerating System and Appendixes B through F. August 3, 2012.
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. Copies of UL
Standards 250, 471, 484 and 541 may be purchased by mail at: COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; Email: 2000.com">orders@comm-2000.com;
Telephone: 1-888-853-3503 in the U.S. or Canada (other countries dial +1-415-352-2168); Internet address: http://ulstandardsinfonet.ul.com/ or
www.comm-2000.com.
You may inspect a copy at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC or at the
National Archives and Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA's Air and
Radiation 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.
[[Page 38840]]
Table A--Maximum Design Charge Sizes for Window Air Conditioners
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
--------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
--------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
R-32................................................. 1.73 2.12 2.74 3.00 3.24 3.47 3.68 4.07 4.59 5.48 6.01
R-290................................................ 0.13 0.16 0.20 0.22 0.24 0.26 0.27 0.30 0.34 0.40 0.44
R-441A............................................... 0.14 0.17 0.22 0.24 0.26 0.28 0.30 0.33 0.37 0.44 0.49
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: For use with self-contained air conditioning units or heat pumps with an evaporator at least 0.6 and no more than 1.0 m above the floor. Cooling
capacities between those in the table are to be linearly interpolated between the next smaller and larger capacities listed in the table.
Table B--Maximum Design Charge Sizes for Packaged Terminal Air Conditioners, Packaged Terminal Heat Pumps, and Portable Air Conditioning Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
--------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
--------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
R-32................................................. 1.04 1.27 1.65 1.80 1.95 2.08 2.21 2.44 2.75 3.29 3.60
R-290................................................ 0.08 0.09 0.12 0.13 0.14 0.15 0.16 0.18 0.20 0.24 0.27
R-441A............................................... 0.08 0.10 0.13 0.15 0.16 0.17 0.18 0.20 0.22 0.27 0.29
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: For use with self-contained air conditioning units or heat pumps with an evaporator no more than 0.6 m above the floor. Cooling capacities between
those in the table are to be linearly interpolated between the next smaller and larger capacities listed in the table.
Table C--Maximum Design Charge Sizes for Wall-Mounted AC Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
--------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
--------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
R-32................................................. 3.12 3.82 4.94 5.41 5.84 6.24 6.62 7.32 7.96 7.96 7.96
R-290................................................ 0.23 0.28 0.36 0.40 0.43 0.46 0.49 0.54 0.61 0.73 0.80
R-441A............................................... 0.25 0.31 0.40 0.44 0.47 0.51 0.54 0.59 0.67 0.80 0.88
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: For use with self-contained air conditioners or heat pumps with an evaporator at least 1.0 and no more than 1.8 m above the floor. Cooling
capacities between those in the table are to be linearly interpolated between the next smaller and larger capacities listed in the table.
Table D--Maximum Design Charge Sizes for Ceiling-Mounted AC Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum design charge size (kg)
--------------------------------------------------------------------------------------------------
Refrigerant Associated cooling capacity (BTU/hr)
--------------------------------------------------------------------------------------------------
5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 18,000 21,000 23,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
R-32................................................. 3.82 4.67 6.03 6.61 7.14 7.63 7.96 7.96 7.96 7.96 7.96
R-290................................................ 0.28 0.34 0.44 0.49 0.53 0.56 0.60 0.66 0.74 0.89 0.97
R-441A............................................... 0.31 0.38 0.49 0.54 0.58 0.62 0.66 0.73 0.82 0.98 1.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: For use with self-contained air conditioners or heat pumps with an evaporator more than 1.8 m above the floor. Cooling capacities between those in
the table are to be linearly interpolated between the next smaller and larger capacities listed in the table.
[FR Doc. 2014-15889 Filed 7-8-14; 8:45 am]
BILLING CODE 6560-50-P