[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50410-50497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11690]
[[Page 50409]]
Vol. 89
Thursday,
No. 115
June 13, 2024
Part II
Environmental Protection Agency
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40 CFR Part 82
Protection of Stratospheric Ozone: Listing of Substitutes Under the
Significant New Alternatives Policy Program in Commercial and
Industrial Refrigeration; Final Rule
Federal Register / Vol. 89 , No. 115 / Thursday, June 13, 2024 /
Rules and Regulations
[[Page 50410]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2023-0043; FRL-10125-02-OAR]
RIN 2060-AV77
Protection of Stratospheric Ozone: Listing of Substitutes Under
the Significant New Alternatives Policy Program in Commercial and
Industrial Refrigeration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the U.S. Environmental Protection Agency's
Significant New Alternatives Policy program, this action lists several
substitutes as acceptable, subject to use conditions, for retail food
refrigeration, commercial ice machines, industrial process
refrigeration, cold storage warehouses, and ice skating rinks. Through
this action, EPA is incorporating by reference standards which
establish requirements for commercial refrigerating appliances and
commercial ice machines, safe use of flammable refrigerants, and safe
design, construction, installation, and operation of refrigeration
systems. This action also exempts propane, in the refrigerated food
processing and dispensing end-use, from the prohibition under the Clean
Air Act (CAA) on knowingly venting, releasing, or disposing of
substitute refrigerants in the course of maintaining, servicing,
repairing or disposing of an appliance or industrial process
refrigeration, as the Administrator is determining, on the basis of
existing evidence, that such venting, release, or disposal of this
substance in this end-use does not pose a threat to the environment.
DATES: This rule is effective July 15, 2024. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of July 15, 2024. The incorporation
by reference of certain other material listed in the rule was approved
by the Director of the Federal Register as of February 21, 2012 (76 FR
78832), May 11, 2015 (79 FR 19454), and January 3, 2017 (81 FR 86778).
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2023-0043. All documents in the docket are listed on the
https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through https://www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20460. The Docket Center's hours
of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays). For further information on EPA Docket Center services and
the current status, please visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Perrin Krisko, Stratospheric
Protection Division, Office of Atmospheric Protection (Mail Code
6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number: 202-564-2328; email address:
[email protected]. Notices and rulemakings under EPA's Significant
New Alternatives Policy (SNAP) program are available on EPA's SNAP
website at https://www.epa.gov/snap/snap-regulations.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General information
A. Executive Summary and Background
B. Does this action apply to me?
C. What acronyms and abbreviations are used in the preamble?
II. What is EPA finalizing in this action?
A. Retail Food Refrigeration--Listing of HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject
to Use Conditions, for Use in New Stand-Alone Units, Remote
Condensing Units, Supermarket Systems, and Refrigerated Food
Processing and Dispensing Equipment and Listing of R-454A as
Acceptable, Subject to Use Conditions, for Use in New Remote
Condensing Units and Supermarket Systems
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A and how do they compare to other refrigerants in
the same end-use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these
listings?
6. How is EPA responding to comments on retail food
refrigeration?
B. Retail Food Refrigeration--Listing R-290 as Acceptable,
Subject to Use Conditions, for Use in New Refrigerated Food
Processing and Dispensing Equipment and Revision of the Use
Conditions Provided in the Previous Listings of R-290 as Acceptable,
Subject to Use Conditions, for Use in New Stand-Alone Units
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is R-290 and how does it compare to other refrigerants
in the refrigerated food processing and dispensing equipment end-use
category?
4. Why is EPA finalizing these specific use conditions for
refrigerated food processing and dispensing equipment?
5. How does the listing for R-290 in refrigerated food
processing and dispensing equipment relate to regulations
implementing the venting prohibition under CAA section 608?
6. What existing use conditions apply to this refrigerant in the
stand-alone units end-use category?
7. What updates to existing use conditions for stand-alone units
is EPA finalizing?
8. How do the new use conditions for R-290 in stand-alone units
differ from the existing ones and why is EPA changing the use
conditions?
9. What additional information is EPA including in these
listings?
10. How is EPA responding to comments on listing R-290 in
refrigerated food processing and dispensing equipment and updating
the use conditions for R-290 in stand-alone units?
C. Commercial Ice Machines--Listing of HFC-32, HFO-1234yf, R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Commercial Ice Machines
1. Background on Commercial Ice Machines
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A,
R-457A, and R-516A and how do they compare to other refrigerants in
the same end-use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these
listings?
6. How is EPA responding to comments on commercial ice machines?
D. Commercial Ice Machines--Revision of the Use Conditions in
the Previous Listing of R-290 as Acceptable, Subject to Use
Conditions, for Use in New Self-Contained Commercial Ice Machines
1. Background on Commercial Ice Machines
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is R-290 and where is there information on its use in
this end-use?
4. What existing use conditions apply to this refrigerant in
this end-use?
5. What updates to existing use conditions for commercial ice
machines is EPA finalizing?
6. How do the new use conditions for commercial ice machines
differ from the existing ones and why is EPA changing the use
conditions?
7. What additional information is EPA including in this listing?
[[Page 50411]]
8. How is EPA responding to comments on listing R-290 and
updating the use conditions for R-290 in self-contained commercial
ice machines?
E. Industrial Process Refrigeration--Listing of HFC-32, HFO-
1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and
R-516A as Acceptable, Subject to Use Conditions, for Use in New
Industrial Process Refrigeration
1. Background on Industrial Process Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A and how do they compare to other
refrigerants in the same end-use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these
listings?
6. How is EPA responding to comments on industrial process
refrigeration?
F. Cold Storage Warehouses--Listing of HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Cold Storage Warehouses
1. Background on Cold Storage Warehouses
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A and how do they compare to other refrigerants in
the same end-use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these
listings?
6. How is EPA responding to comments on cold storage warehouses?
G. Ice Skating Rinks--Listing of HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Ice Skating Rinks With a Remote
Compressor
1. Background on Ice Skating Rinks
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these
listings?
6. How is EPA responding to comments on ice skating rinks?
H. Use Conditions and Further Information for Retail Food
Refrigeration, Commercial Ice Machines, Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks With a
Remote Compressor
1. What use conditions is EPA finalizing and why?
2. What additional information is EPA including in these
listings?
3. How is EPA responding to comments on use conditions?
I. Exemption for R-290 From the Venting Prohibition Under CAA
Section 608 for Refrigerated Food Processing and Dispensing
Equipment
1. What is EPA's final determination regarding whether venting,
releasing, or disposing of R-290 in refrigerated food processing and
dispensing equipment would pose a threat to the environment?
2. What is EPA's final determination regarding whether venting
of R-290 from refrigerated food processing and dispensing equipment
is exempted from the venting prohibition under CAA section
608(c)(2)?
3. When will the exemption from the venting prohibition apply?
4. What is the relationship between this exemption under CAA
section 608(c)(2) and other EPA rules?
5. How is EPA responding to comments on the exemption for R-290
from the venting prohibition?
J. How is EPA responding to other comments?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act and
Incorporation by Reference
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act
IV. References
I. General information
A. Executive Summary and Background
EPA is finalizing new and revised listings after its evaluation of
human health and environmental information for these substitutes under
the Significant New Alternatives Policy (SNAP) program. The Agency is
finalizing action on new and revised listings in the refrigeration and
air conditioning (AC) sector based on the information that EPA has
included in the docket. This final action provides new refrigerant
options, thereby increasing flexibility for industry, in specific uses.
This action lists new alternatives for the refrigeration and AC
sector. Specifically, EPA is:
Listing hydrofluoroolefin (HFO)-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as acceptable, subject to use
conditions, for use in new retail food refrigeration equipment (i.e.,
stand-alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment);
Listing R-454A as acceptable, subject to use conditions,
for use in new remote condensing units and supermarket systems;
Listing R-290 (propane) as acceptable, subject to use
conditions, for use in new refrigerated food processing and dispensing
equipment and revising the existing use conditions for R-290 in new
stand-alone units.
Listing HFO-1234yf, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines;
Listing hydrofluorocarbon (HFC)-32, R-454A, and R-454B as
acceptable, subject to use conditions, for use in new commercial ice
machines with a remote compressor, for batch-type self-contained
automatic commercial ice machines with a harvest rate above 1,000 lb
ice per 24 hours, and for continuous type self-contained automatic
commercial ice machines with a harvest rate above 1,200 lb ice per 24
hours;
Revising the existing use conditions for R-290 for use in
new self-contained commercial ice machines;
Listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new
equipment for industrial process refrigeration (IPR), including
chillers and direct expansion IPR equipment;
Listing HFC-32, R-454A, and R-454B as acceptable, subject
to use conditions, for use in new equipment for IPR, including chillers
and direct expansion IPR equipment where the temperature of the
refrigerant entering the evaporator is less than or equal to -30 [deg]C
(-22 [deg]F);
Listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A as acceptable, subject to use conditions, for use in
new cold storage warehouses; and
Listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new ice
skating rinks with a remote compressor.
In general, the final use conditions are consistent across the
various substitutes and end-uses contained in this final
[[Page 50412]]
rule. Because of this similarity, EPA discusses the final use
conditions that apply to retail food refrigeration, commercial ice
machines, industrial process refrigeration, cold storage warehouses,
and ice skating rinks in section II.H of this preamble. In summary, the
common use conditions are:
(1) These refrigerants may be used only in new equipment, designed
specifically and clearly identified for use with the refrigerant. None
of these listings provide for use of the substitutes in a conversion or
``retrofit'' refrigerant for existing equipment.
(2) These refrigerants may be used in equipment that a) is
consistent with the requirements listed in the 2nd edition (dated
October 27, 2021) of UL \1\ Standard 60335-2-89, ``Household and
Similar Electrical Appliances--Safety--Part 2-89: Requirements for
Commercial Refrigerating Appliances and Ice-Makers with an Incorporated
or Remote Refrigerant Unit or Motor-Compressor'' (hereafter ``UL 60335-
2-89,'' which refers to the 2nd edition of UL 60335-2-89 unless
otherwise stated), and b) is installed consistent with the requirements
of ASHRAE 15-2022, ``Safety Standard for Refrigerating Systems.'' For
equipment outside the scope of UL 60335-2-89, as described later in
this document, or that is located in industrial occupancies as defined
in ASHRAE 15-2022, refrigerants listed herein must be used in equipment
that is installed in a manner consistent with ASHRAE 15-2022. For R-
290, which already has listings that incorporate by reference earlier
UL standards, EPA is providing a transition period when equipment may
meet either the earlier UL standard or UL 60335-2-89. Stand-alone units
or self-contained commercial ice machines using R-290 that are
unchanged, except for cosmetic changes, from the model or design that
was previously certified to the UL 471 (10th edition) or UL 563
standard (8th edition) may continue to be manufactured consistent with
those standards.
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\1\ UL, formerly known as Underwriters Laboratories.
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(3) These refrigerants must be used with warning labels on the
equipment and packaging that are similar to or match verbatim those
required by UL 60335-2-89.\2\
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\2\ Or for equipment using R-290 following the requirements of
UL 471 or UL 563, they must use the warning labels required in those
listings, which match those required by those standards.
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(4) Equipment must be marked with distinguishing red color-coded
hoses and piping to indicate use of a flammable refrigerant and marked
service ports, pipes, hoses, and other devices through which the
refrigerant is serviced.
(5) Equipment must be marked with one or more flammability warning
symbols--either that in Clause 7.6DV D1 of UL 60335-2-89, 2nd edition;
that in Annex 1 to Globally Harmonized System of Classification and
Labelling of Chemicals (GHS), 9th edition, for hazard category 1
flammable gases; or marked with both symbols.
Additional use conditions specific to particular end-uses may also
apply and are discussed with each final listing. The regulatory text of
the final listings, including the final use conditions and further
information, appears in tables at the end of this document. The final
listings will appear in appendix Y to 40 Code of Federal Regulations
(CFR) part 82, subpart G. The final revised listings for R-290 in new
retail food refrigeration equipment (stand-alone units only) and in new
self-contained commercial ice machines will appear, respectively, in
appendices R and V to 40 CFR part 82, subpart G.
There may be other legal obligations pertaining to the manufacture,
use, handling, and disposal of the listed substitutes that are not
included in the information in the tables (e.g., the CAA section
608(c)(2) venting prohibition or U.S. Department of Transportation
(DOT) requirements for transport of flammable gases). Flammable
refrigerants being recovered or otherwise disposed of from commercial
or industrial refrigeration equipment are likely to be hazardous waste
under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR
parts 260 through 270). In addition, EPA issued a final Technology
Transitions Rule under subsection (i) of the American Innovation and
Manufacturing Act of 2020 (hereafter referred to as ``the AIM Act'')
(88 FR 73098; October 24, 2023;). Under that rule, EPA restricts the
use of many HFC refrigerants in a variety of subsectors within the
Refrigeration, Air Conditioning, and Heat Pumps sector, including in
technologies covered by this final SNAP rule.\3\ Throughout this
document, EPA notes relevant restrictions on refrigerants under the
final Technology Transitions Rule. In finalizing the listing decisions
in this rulemaking, EPA is cognizant of the restrictions established
under the Technology Transitions Rule. This is because the listings in
this SNAP rule are generally intended to expand the universe of
available options in certain end-uses. EPA recognizes that there could
be situations where there would be little practical value in listing
alternatives acceptable under SNAP that cannot legally be used in a
particular end-use due to restrictions under Technology Transitions
Rule, and this consideration could be particularly pronounced with
respect to those alternatives that would be subject to restrictions
under the Technology Transitions Rule in the near future (e.g., as of
January 1, 2025). However, the SNAP and Technology Transitions programs
are established under different legal authorities and use separate
frameworks for making decisions. Substitutes that are listed as
acceptable, acceptable subject to use conditions, acceptable subject to
narrowed use limits, or unacceptable under the SNAP program are
evaluated through a comparative risk framework that considers the
overall risk posed to human health and the environment for specific
end-uses. In evaluating the substitutes listed in this rule, EPA has
considered whether they present risks that are lower than or comparable
to risks from other substitutes that are currently or potentially
available in the end-uses under consideration, consistent with its
approach under SNAP.
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\3\ End-uses under SNAP are included in the similar concept of
subsectors defined in the Technology Transitions Rule (88 FR 73098,
October 24, 2023).
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In addition, EPA is exempting R-290 used in the refrigerated food
processing and dispensing end-use from the prohibition under CAA
section 608(c)(2) on knowingly venting, releasing, or disposing of
substitute refrigerants in the course of maintaining, servicing,
repairing or disposing of an appliance or industrial process
refrigeration, as the Administrator is determining, on the basis of
current evidence described later in this preamble, that such venting,
release, or disposal of this substance in this end-use does not pose a
threat to the environment. This exemption is being finalized in the
regulations under CAA section 608 at 40 CFR 82.154(a)(1), which
addresses the statutory prohibition and exemptions from it.
SNAP Program Background
The SNAP program implements CAA section 612. Several major
provisions of section 612 are:
1. Rulemaking
Section 612(c) requires EPA to promulgate rules making it unlawful
to replace any class I (chlorofluorocarbon (CFC), halon, carbon
tetrachloride, methyl chloroform, methyl bromide,
hydrobromofluorocarbon, and chlorobromomethane) or class II
(hydrochlorofluorocarbon (HCFC))
[[Page 50413]]
ozone-depleting substance (ODS) with any substitute that the
Administrator determines may present adverse effects to human health or
the environment where the Administrator has identified an alternative
that: 1) Reduces the overall risk to human health and the environment
and 2) is currently or potentially available.
2. Listing of Unacceptable/Acceptable Substitutes
Section 612(c) requires EPA to publish a list of the substitutes
that it finds to be unacceptable for specific uses and to publish a
corresponding list of acceptable substitutes for specific uses.
3. Petition Process
Section 612(d) grants the right to any person to petition EPA to
add a substance to, or delete a substance from, the lists published in
accordance with section 612(c).
4. 90-Day Notification
Section 612(e) directs EPA to require any person who produces a
chemical substitute for a class I substance to notify the Agency not
less than 90 days before a new or existing chemical is introduced into
interstate commerce for significant new use as a substitute for a class
I substance. The producer must also provide the Agency with the
producer's published or unpublished health and safety studies on such
substitutes.
The regulations for the SNAP program are promulgated at 40 CFR part
82, subpart G, and the Agency's process for reviewing SNAP submissions
is described in regulations at 40 CFR 82.180. Under these rules, the
Agency has identified five types of listing decisions: acceptable;
acceptable subject to use conditions; acceptable subject to narrowed
use limits; unacceptable; and pending (40 CFR 82.180(b)). Use
conditions and narrowed use limits are both considered ``use
restrictions.'' Substitutes that are deemed acceptable with no use
restrictions (no use conditions or narrowed use limits) can be used for
all applications within the relevant end-uses in the sector. After
reviewing a substitute, the Agency may determine that a substitute is
acceptable only if certain conditions in the way that the substitute is
used are met to minimize risks to human health and the environment. EPA
describes such substitutes as ``acceptable subject to use conditions''
(40 CFR 82.180(b)(2)). For some substitutes, the Agency may permit a
narrowed range of use within an end-use or sector. For example, the
Agency may limit the use of a substitute to certain end-uses or
specific applications within an industry sector. EPA describes these
substitutes as ``acceptable subject to narrowed use limits.'' Under the
narrowed use limit, users intending to adopt these substitutes ``must
ascertain that other alternatives are not technically feasible'' (40
CFR 82.180(b)(3)).
In making decisions regarding whether a substitute is acceptable or
unacceptable, and whether substitutes present risks that are lower than
or comparable to risks from other substitutes that are currently or
potentially available in the end-uses under consideration, EPA examines
the following criteria in 40 CFR 82.180(a)(7): (i) atmospheric effects
and related health and environmental impacts; (ii) general population
risks from ambient exposure to compounds with direct toxicity and to
increased ground-level ozone; (iii) ecosystem risks; (iv) occupational
risks; (v) consumer risks; (vi) flammability; and (vii) cost and
availability of the substitute.
Many SNAP listings include ``comments'' or ``further information''
to provide additional information on substitutes. Since this additional
information is not part of the regulatory decision under SNAP, these
statements are not binding for use of the substitute under the SNAP
program. However, statutory and regulatory requirements so listed are
binding under other authorities (e.g., worker protection regulations
promulgated by the U.S. Occupational Safety and Health Administration
(OSHA)). The ``further information'' classification does not
necessarily include all other legal obligations pertaining to the use
of the substitute. While the items listed are not legally binding under
the SNAP program, EPA encourages users of substitutes to apply all
statements in the ``Further Information'' column in their use of these
substitutes. In many instances, the information simply refers to sound
operating practices that have already been identified in existing
industry and/or building codes or standards. Thus, many of the
statements, if adopted, would not require the affected user to make
significant changes in existing operating practices.
For additional information on the SNAP program, visit the SNAP
website at https://www.epa.gov/snap. The full lists of acceptable
substitutes for ODS in all industrial sectors are available at https://www.epa.gov/snap/snap-substitutes-sector. For more information on the
Agency's process for administering the SNAP program or criteria for
evaluation of substitutes, refer to the initial SNAP rule published
March 18, 1994 (59 FR 13044), codified at 40 CFR part 82, subpart G.
SNAP decisions and the appropriate Federal Register citations can be
found at https://www.epa.gov/snap/snap-regulations. Substitutes listed
as unacceptable; acceptable, subject to narrowed use limits; or
acceptable, subject to use conditions, are also listed in the
appendices to 40 CFR part 82, subpart G.
Background on Requirements Concerning Venting, Release, or Disposal of
ODS and Substitute Refrigerants Under CAA Section 608
The statutory requirements concerning venting, release, or disposal
of ODS refrigerants and substitutes for ODS used as refrigerants are
under CAA section 608, and EPA's authority to promulgate the regulatory
revisions in this action is based in part on CAA section 608. Section
608 of the Act, as amended, titled National Recycling and Emission
Reduction Program, requires, among other things, that EPA establish
regulations governing the use and disposal of ODS used as refrigerants,
such as certain CFCs and HCFCs, during the service, repair, or disposal
of appliances and IPR.\4\ Section 608(c)(1) provides that it is
unlawful for any person in the course of maintaining, servicing,
repairing, or disposing of an appliance (or IPR) to knowingly vent, or
otherwise knowingly release or dispose of, any class I or class II
substance used as a refrigerant in that appliance (or IPR) in a manner
which permits the ODS to enter the environment.
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\4\ Additional information about the 608 Refrigerant Management
Program is available in EPA's rules implementing that program, such
as rules published on May 14, 1993 (58 FR 28660), November 18, 2016
(81 FR 82272), and March 11, 2020 (85 FR 14150).
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Section 608(c)(2) extends the prohibition in section 608(c)(1) to
knowingly venting or otherwise knowingly releasing or disposing of any
refrigerant substitute for class I or class II substances by any person
maintaining, servicing, repairing, or disposing of appliances or IPR.
This prohibition applies to any substitute refrigerant unless the
Administrator determines that such venting, releasing, or disposing
does not pose a threat to the environment. Thus, section 608(c)
provides EPA authority to promulgate regulations to interpret,
implement, and enforce this prohibition on venting, releasing, or
disposing of class I or class II substances used as refrigerants and
their substitutes, which we also refer to as the ``venting
prohibition'' in this final
[[Page 50414]]
action. EPA's authority under section 608(c) includes authority to
implement section 608(c)(2) by exempting certain substitutes for class
I or class II substances from the venting prohibition when the
Administrator determines that such venting, release, or disposal does
not pose a threat to the environment.
EPA has established regulations clarifying how the venting
prohibition in section 608(c) applies to ODS and substitute (e.g., HFCs
and perfluorocarbons (PFCs)) refrigerants. These regulations are
codified at 40 CFR part 82, subpart F. In relevant part, they provide
that no person maintaining, servicing, repairing, or disposing of an
appliance or industrial process refrigeration may knowingly vent or
otherwise release into the environment any refrigerant (including
substitute refrigerants) from such appliances or industrial process
refrigeration, with the exception of certain specified substitutes in
the specified end-uses, as provided in 40 CFR 82.154(a).
EPA has exempted from the venting prohibition several hydrocarbon
(HC) refrigerant substitutes, including R-290, in specific end-uses
where the Agency also listed the substitutes as acceptable, subject to
use conditions, under the SNAP program. See, for example, EPA's
regulations issued May 23, 2014 (79 FR 29682), April 10, 2015 (80 FR
19453), and December 1, 2016 (81 FR 86778).\5\ Those regulatory
exemptions do not apply to blends of hydrocarbons (HCs) with other
refrigerants or containing any amount of any CFC, HCFC, HFC, or PFC.
The exemptions for R-290 by end-use are codified at 40 CFR
82.154(a)(1)(viii).
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\5\ The United States Court of Appeals for the District of
Columbia Circuit (``the court'') issued a partial vacatur of the
December 1, 2016, rule ```to the extent' it required manufacturers
to replace already lawfully installed HFC substitutes.'' See
Mexichem Fluor, Inc. v. EPA, Judgment, Case No. 17-1024 (D.C. Cir.,
April 5, 2019), 760 Fed. Appx. 6 (Mem). The court's decision on the
December 1, 2016, rule did not affect the portion of that rule that
exempted certain HC refrigerant substitutes from the venting
prohibition. This final rule is not EPA's response to the court's
decision.
---------------------------------------------------------------------------
In establishing those exemptions, EPA determined that for the
purposes of CAA section 608(c)(2), the venting, release, or disposal of
such HC refrigerant substitutes in the specified end-uses does not pose
a threat to the environment, considering both the inherent
characteristics of these substances and the limited quantities used in
the relevant applications. See, e.g., 81 FR 86778, December 1, 2016.
EPA further concluded that other authorities, controls, or practices
that apply to such refrigerant substitutes help to mitigate
environmental risk from the release of those saturated HC refrigerant
substitutes.
B. Does this action apply to me?
The following list identifies regulated entities that may be
affected by this rule and their respective North American Industrial
Classification System (NAICS) codes:
Plumbing, Heating, and Air Conditioning Contractors (NAICS
238220)
All Other Basic Organic Chemical Manufacturing (NAICS
325199)
Air Conditioning and Warm Air Heating Equipment and
Commercial and Industrial Refrigeration Equipment Manufacturing (NAICS
333415)
Refrigeration Equipment and Supplies Merchant Wholesalers
(NAICS 423740)
Recyclable Material Merchant Wholesalers (NAICS 423930)
Supermarkets and Other Grocery (except Convenience) Stores
(NAICS 445110)
Convenience Stores (NAICS 445120)
Limited-Service Restaurants (NAICS 722211)
Appliance Repair and Maintenance (NAICS 811412)
This list is not intended to be exhaustive, but rather to provide a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility, company, business, or
organization could be affected by this action, you should carefully
examine the regulations at 40 CFR part 82, subpart G, and these
revisions. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.
C. What acronyms and abbreviations are used in the preamble?
The following acronyms and abbreviations are used in the preamble
of this document:
AC--Air Conditioning
AEL--Acceptable Exposure Limit
AIHA--American Industrial Hygiene Association
AIM Act--American Innovation and Manufacturing Act of 2020
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ASTM--American Society for Testing and Materials
ATEL--Acute Toxicity Exposure Limit
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification
Number
CBI--Confidential Business Information
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CO2--Carbon Dioxide
DOE--United States Department of Energy
DOT--United States Department of Transportation
DX--Direct Expansion
EEAP--Environmental Effects Assessment Panel
EPA--United States Environmental Protection Agency
FR--Federal Register
GHS--Globally Harmonized System of Classification and Labeling of
Chemicals
GWP--Global Warming Potential
HC--Hydrocarbon
HCFC--Hydrochlorofluorocarbon
HCFO--Hydrochlorofluoroolefin
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HP--Heat Pump
IBC--International Building Code
ICC--International Code Council
ICF--ICF International, Inc.
IEC--International Electrotechnical Commission
IIAR--International Institute of Ammonia Refrigeration
IPCC--Intergovernmental Panel on Climate Change
IPR--Industrial Process Refrigeration
ISO--International Organization for Standardization
LFL--Lower Flammability Limit
MIR--Maximum Incremental Reactivity
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NARA--National Archives and Records Administration
NFPA--National Fire Protection Association
ODP--Ozone Depletion Potential
ODS--Ozone-Depleting Substances
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PEL--Permissible Exposure Limit
PFC--Perfluorocarbons
PMS--Pantone[supreg] Matching System
ppm--Parts Per Million
PRA--Paperwork Reduction Act
RAL--``Reichs-Ausschu[szlig] f[uuml]r Lieferbedingungen und
G[uuml]tesicherung'' Germany's National Commission for Delivery
Terms and Quality Assurance
RCRA--Resource Conservation and Recovery Act
RFA--Regulatory Flexibility Act
SDS--Safety Data Sheet
SIP--State Implementation Plan
TLV--Threshold Limit Value
TSCA--Toxic Substances Control Act
TWA--Time Weighted Average
UL--UL, formerly known as Underwriters Laboratories, Inc.
UMRA--Unfunded Mandates Reform Act
VOC--Volatile Organic Compound, Volatile Organic Compounds
WEEL--Workplace Environmental Exposure Limit
WMO--World Meteorological Organization
[[Page 50415]]
II. What is the Environmental Protection Agency (EPA) finalizing in
this action?
This section of the preamble describes EPA's final listings for
certain refrigerants in specific end-uses, including final use
restrictions. In addition, this section provides responses to comments
EPA received on the proposed listings during the public comment period
for the proposed rule (May 24, 2023). The regulatory text for new
listings is codified in appendix Y of 40 CFR part 82, subpart G. The
regulatory text for two revised listings is codified in appendices R
and V of 40 CFR part 82, subpart G. The final regulatory text contains
listing decisions for the end-uses discussed throughout this section.
A. Retail Food Refrigeration--Listing of HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Stand-Alone Units, Remote Condensing Units,
Supermarket Systems, and Refrigerated Food Processing and Dispensing
Equipment and Listing of R-454A as Acceptable, Subject to Use
Conditions, for Use in New Remote Condensing Units and Supermarket
Systems
This final rule lists HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
all end-use categories under retail food refrigeration (i.e., stand-
alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment). EPA is also
listing R-454A as acceptable, subject to use conditions, for use in two
end-use categories under retail food refrigeration (remote condensing
units and supermarket systems). After consideration and evaluation of
comments, EPA is finalizing the listings for HFO-1234yf, HFO-1234ze(E),
R-454C, R-455A, R-457A, and R-516A in all end-use categories under
retail food refrigeration and R-454A in two end-use categories under
retail food refrigeration as proposed.
EPA is finalizing several use conditions for these end-use
categories that are in common with those finalized for other end-uses
(retail food refrigeration, commercial ice machines, IPR, cold storage
warehouses, and ice skating rinks with a remote compressor) discussed
elsewhere in this final rule. Because of this similarity, EPA discusses
the use conditions that apply to all five end-uses in detail in section
II.H of this preamble. Briefly summarized, the common use conditions
that EPA is finalizing are: restricting the use of each refrigerant to
new equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions),\6\ including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings.
---------------------------------------------------------------------------
\6\ Exceptions include equipment that is outside the scope of UL
60335-2-89, such as commercial refrigeration products with rated
voltage of 15,000 V or greater, appliances using flammable
refrigerant in transcritical refrigeration systems, vending
machines, and pofessional ice-cream appliances. In addition, for
equipment installed in situations where that standard refers to
`national standards,' refrigerants may be used in equipment
installed consistent with the requirements of ASHRAE 15-2022 without
meeting the requirements of UL 60335-2-89.
---------------------------------------------------------------------------
For use of these substitutes in retail food refrigeration
equipment, EPA is also finalizing the use condition that these
refrigerants may only be used in commercial refrigeration equipment
that meets the requirements listed in the American National Standards
Institute (ANSI)/American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Standard 15-2022 ``Safety Standard for
Refrigeration Systems'' (hereafter ``ASHRAE 15-2022''). In cases where
the final rule includes requirements that are different than those of
ASHRAE 15-2022, EPA is finalizing that the appliance needs to meet the
requirements of this rule in addition to the requirements in ASHRAE 15-
2022. This additional use condition is discussed further in section
II.A.4 of this preamble.
For R-454A in supermarkets and remote condensing units, EPA is
finalizing an additional use condition that this substitute may only be
used in equipment with a refrigerant charge capacity less than 200
pounds or in the high-temperature side of a cascade system.
1. Background on Retail Food Refrigeration
Retail food refrigeration, an end-use within the SNAP program,
encompasses the equipment used for storing and displaying (generally
for sale) food and beverages at different temperatures necessary for
the different products (e.g., chilled and frozen food). The designs and
refrigerating capacities of equipment vary widely to ensure the proper
temperatures are achieved and maintained.
Retail food refrigeration is composed of four categories of
equipment: stand-alone units; refrigerated food processing and
dispensing equipment; remote condensing units; and supermarket systems.
EPA treats each of these four end-use categories as a separate end-use
for purposes of our evaluations of the overall risk to human health and
the environment compared to other refrigerants that are available or
potentially available for the same end-use and for purposes of listing
substitute refrigerants.
Stand-alone units are refrigerators, freezers, and reach-in coolers
(either open or with doors) where all refrigeration components are
integrated and, for the smallest types, the refrigerant circuit is
entirely brazed, welded, or uses threaded fittings. These systems are
charged with refrigerant at the factory and typically require only an
electricity supply to begin operation. Such systems are used to chill
and temporarily store perishable items for commercial sale, such as
beverages and food.
As the name suggests, refrigerated food processing and dispensing
equipment dispenses, typically through a nozzle, and often processes a
variety of food and beverage products. For instance, such equipment
will process the product by combining ingredients, mixing, and
preparing it at the proper temperature, while others function mainly as
a holding tank to deliver the product at the desired temperature or to
deliver chilled ingredients for processing, mixing, and preparation.
Some may use a refrigerant in a heat pump, or utilize waste heat from
the cooling system, to provide hot beverages. Some may also provide
heating functions for melting or dislodging ice, or for sanitation
purposes.
Refrigerated food processing and dispensing equipment can be self-
contained or can be connected via piping to a dedicated condensing unit
located elsewhere. Equipment within this end-use category includes but
is not limited to refrigerated equipment used to process and dispense
beverages and food such as: chilled and frozen beverages (carbonated
and uncarbonated, alcoholic and nonalcoholic); frozen custards, gelato,
ice cream, Italian ice, sorbets, and yogurts; milkshakes, ``slushies''
and smoothies; and whipped cream.
Remote condensing units typically have refrigerating capacities
ranging from 1kW to 20kW (0.3 to 5.7 refrigeration tons). They are
composed of one (and sometimes two) compressor(s), one condenser, and
one receiver assembled into a single unit, which is normally located
external to the sales area. This equipment is
[[Page 50416]]
connected to one or more nearby evaporator(s) used to cool food and
beverages stored in display cases and/or walk-in storage rooms. Remote
condensing units are commonly installed in convenience stores and
specialty shops such as bakeries and butcher shops.
Typical supermarket systems are also known as multiplex or
centralized systems. They operate with racks of compressors installed
in a machinery room; different compressors turn on to match the
refrigeration load necessary to maintain temperatures. Two main design
classifications are used: direct and indirect systems. In the United
States, direct systems are the most widespread. The majority of
supermarkets in the United States use centralized direct expansion (DX)
systems to cool their display cases.\7\ The refrigerant circulates from
the machinery room to the sales area, where it evaporates in display-
case heat exchangers, and then returns in vapor phase to the suction
headers of the compressor racks. The supermarket walk-in cold rooms are
often integrated into the system and cooled similarly, but an
alternative option is to provide a dedicated condensing unit for a
given storage room. Another type of supermarket design, often referred
to as a distributed refrigeration system, uses an array of separate
compressor racks located near the display cases rather than having a
central compressor rack system. Each of these smaller racks handles a
portion of the supermarket load, with five to ten such systems in a
store.
---------------------------------------------------------------------------
\7\ www.epa.gov/greenchill/advanced-refrigeration.
---------------------------------------------------------------------------
Indirect supermarket system designs include secondary loop systems
and cascade refrigeration. Indirect systems use a chiller \8\ or other
refrigeration system to cool a secondary fluid that is often circulated
throughout the store to the cases. Examples of secondary fluids include
water, brine, propylene glycol, air, and carbon dioxide
(CO2). Compact chiller versions of an indirect system rely
on a lineup of ten to 20 units, each using small charge sizes. As the
refrigeration load changes, more or fewer of the chillers are active.
Compact chillers are used in a secondary loop system whereby the
chillers cool a secondary fluid that is then circulated throughout the
store to the display cases. Each compact chiller is an independent unit
with its own refrigerant charge, reducing the potential for refrigerant
to be released from leaks or for a catastrophic failure. Cascade
systems use a compressor to raise the low-temperature, secondary fluid
from low-temperature conditions up to an intermediate temperature while
a separate, primary refrigerant system uses a different, higher
temperature refrigerant to condense the secondary fluid. Each system
within the cascade design contains its own refrigerant charge, allowing
the use of different refrigerants in each system. This application has
generally used a lower global warming potential (GWP) refrigerant,
specifically CO2 (R-744), in the low-temperature system,
with a variety of refrigerants in the high-temperature system.
---------------------------------------------------------------------------
\8\ Chillers used in supermarket systems are considered within
the supermarket end-use under SNAP and the supermarket subsector
under the Technology Transitions Program.
---------------------------------------------------------------------------
Refrigerant choice may depend on the refrigerant charge size of the
equipment, desired temperature, system performance, energy efficiency,
and health, safety and environmental considerations, and cost among
other things. In addition to regulations pursuant to the SNAP program
and the AIM Act, other Federal or local regulations may also affect
refrigerant choice. For instance, regulations from OSHA may restrict or
place requirements on the use of some refrigerants, such as ammonia (R-
717). Building codes from local and State agencies may also incorporate
limits on the types and amounts of particular refrigerants used.
2. What are the ASHRAE classifications for refrigerant flammability?
The ANSI/ASHRAE Standard 34-2022 ``Designation and Safety
Classification of Refrigerants'' (hereafter ``ASHRAE 34-2022'') assigns
a safety group classification for each refrigerant which consists of
two to three alphanumeric characters (e.g., A2L or B1). The initial
capital letter indicates the toxicity, and the numeral denotes the
flammability. ASHRAE classifies Class A refrigerants as refrigerants
for which toxicity has not been identified at concentrations less than
or equal to 400 parts per million (ppm) by volume, based on data used
to determine threshold limit value-time-weighted average (TLV-TWA) or
consistent indices. Class B signifies refrigerants for which there is
evidence of toxicity at concentrations below 400 ppm by volume, based
on data used to determine TLV-TWA or consistent indices.
The refrigerants are also assigned a flammability classification of
1, 2, 2L, or 3. Tests for flammability are conducted in accordance with
American Society for Testing and Materials (ASTM) E681 using a spark
ignition source at 140 [deg]F (60 [deg]C) and 14.7 psia (101.3 kPa).\9\
The flammability classification ``1'' is given to refrigerants that,
when tested, show no flame propagation. The flammability classification
``2'' is given to refrigerants that, when tested, exhibit flame
propagation, have a heat of combustion less than 19,000 kJ/kg (8,169
Btu/lb), and have a lower flammability limit (LFL) greater than 0.10
kg/m\3\. The flammability classification ``2L'' is given to
refrigerants that, when tested, exhibit flame propagation, have a heat
of combustion less than 19,000 kJ/kg (8,169 Btu/lb), have an LFL
greater than 0.10 kg/m\3\, and have a maximum burning velocity of 10
cm/s or lower when tested in dry air at 73.4 [deg]F (23.0 [deg]C) and
14.7 psi (101.3 kPa). The flammability classification ``3'' is given to
refrigerants that, when tested, exhibit flame propagation and that
either have a heat of combustion of 19,000 kJ/kg (8,169 Btu/lb) or
greater or have an LFL of 0.10 kg/m\3\ or lower.
---------------------------------------------------------------------------
\9\ ASHRAE, 2022b. ANSI/ASHRAE Standard 34-2022: Designation and
Safety Classification of Refrigerants.
---------------------------------------------------------------------------
For flammability classifications, refrigerant blends are designated
based on the worst case of formulation for flammability and the worst
case of fractionation for flammability determined for the blend.
[[Page 50417]]
[GRAPHIC] [TIFF OMITTED] TR13JN24.000
Using these safety group classifications, ASHRAE 34-2022
categorizes HFO-1234yf, HFO-1234ze(E), HFC-32 and the refrigerant
blends R-454A, R-454C, R-455A, R-457A, and R-516A, which are discussed
in this section of this rule, as being in the A2L Safety Group, while
R-290 is in the A3 Safety Group.
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
HFO-1234yf and HFO-1234ze(E) are lower flammability single
component refrigerants, and R-454A, R-454C, R-455A, R-457A, and R-516A
are lower flammability refrigerant blends, all with an ASHRAE safety
classification of A2L.\10\ The respective Chemical Abstracts Service
Registry Identification Numbers (CAS Reg. Nos.) of HFO-1234yf, HFO-
1234ze(E), and the components of the refrigerant blends are listed
here.
---------------------------------------------------------------------------
\10\ EPA previously listed HFO-1234yf as acceptable, subject to
use conditions, in motor vehicle AC in light-duty vehicles (74 FR
53445, October 19, 2009), in heavy-duty pickup trucks and complete
heavy-duty vans (81 FR 86778, December 1, 2016) and in nonroad
vehicles and service fittings for small refrigerant cans (87 FR
26276, May 4, 2022). EPA previously listed R-454A, R-454C, and R-
457A as acceptable, subject to use conditions, as a substitute in
residential and light commercial AC and heat pumps (86 FR 24444, May
6, 2021).
---------------------------------------------------------------------------
HFO-1234yf, also known by the trade names ``Solstice[supreg] yf''
and ``OpteonTM YF,'' is also known as 2,3,3,3-
tetrafluoroprop-1-ene (CAS Reg. No. 754-12-1). HFO-1234ze(E), also
known by the trade names ``Solstice[supreg] ze'' and ``Solstice[supreg]
1234ze,'' is also known as trans-1,3,3,3,tetrafluoroprop-1-ene (CAS
Reg. No. 29118-24-9). R-516A, also known by the trade name
``Forane[supreg] 516A,'' is a blend consisting of 77.5 percent HFO-
1234yf, 14 percent HFC-152a, and 8.5 percent HFC-134a. R-457A, also
known by the trade name ``Forane[supreg] 457A,'' is a blend consisting
of 18 percent HFC-32, 12 percent HFC-152a, and 70 percent HFO-1234yf.
R-455A, also known by the trade name ``Solstice[supreg] L40X,'' is a
blend consisting of 21.5 percent HFC-32, 75.5 percent HFO-1234yf, and
three percent R-744 (CO2). R-454A, also known by the trade
name ``OpteonTM XL 40,'' is a blend consisting of 35 percent
HFC-32 and 65 percent HFO-1234yf. R-454C, also known by the trade name
``OpteonTM XL 20,'' is a blend consisting of 21.5 percent
HFC-32 and 78.5 percent HFO-1234yf.
Redacted submissions and supporting documentation for HFO-1234yf,
HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A are provided
in the docket for this rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov. EPA performed a risk screening assessment to
examine the health and environmental risks of each of these
refrigerants. These risk screens are available in the docket for this
rule.11 12 13 14 15 16 17
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\11\ ICF, 2024a. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: HFO-1234yf.
\12\ ICF, 2024b. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: HFO-1234ze(E)
(Solstice[supreg] ze, Solstice[supreg] 1234ze)
\13\ ICF, 2024c. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-454A (Opteon[supreg]
XL40).
\14\ ICF, 2024d. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-454C
(OpteonTM XL20).
\15\ ICF, 2024e. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-455A (Solstice[supreg]
L40X).
\16\ ICF, 2024f. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-457A (Forane[supreg]
457A).
\17\ ICF, 2024g. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-516A (Forane[supreg]
516A).
---------------------------------------------------------------------------
Environmental information: HFO-1234yf, HFO-1234ze(E) and R-454A, R-
454C, R-455A, R-457A, and R-516A have ozone depletion potentials (ODPs)
of zero.
HFO-1234yf and HFO-1234ze(E) both have a GWP of
one.18 19 The refrigerant blends are made up of the
components HFC-32, HFC-125, HFC-152a, CO2, and HFO-1234yf,
which have GWPs of 675, 3,500, 124, one, and one, respectively.\20\ If
these values are weighted by mass percentage, then R-454A, R-454C, R-
455A, R-457A, and R-516A have GWPs of about 237, 146, 146, 137, and
140, respectively.
---------------------------------------------------------------------------
\18\ World Meteorological Organization (WMO) (2022). Burkholder
et al. Appendix A, Table A-5 in Scientific Assessment of Ozone
Depletion: 2022, GAW Report No. 278, 509 pp.; WMO, Geneva,
Switzerland, https://ozone.unep.org/science/assessment/sap. (WMO,
2022).
\19\ Hodnebrog [Oslash]. et al., 2013. Hodnebrog [Oslash].,
Etminan, M., Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen,
C.J., Shine, K.P., Wallington, T.J.: Global Warming Potentials and
Radiative Efficiencies of Halocarbons and Related Compounds: A
Comprehensive Review, Reviews of Geophysics, 51, 300-378,
doi:10.1002/rog.20013, 2013.
\20\ Unless otherwise specified, GWP values are 100-year values
from Intergovernmental Panel on Climate Change (IPCC) (2007) Climate
Change 2007: The Physical Science Basis. Contribution of Working
Group I to the Fourth Assessment Report of the Intergovernmental
Panel on Climate Change. S. Solomon, D. Qin, M. Manning, Z. Chen, M.
Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.). Cambridge
University Press. Cambridge, United Kingdom 996 pp.
---------------------------------------------------------------------------
HFO-1234yf, HFO-1234ze(E), and the other components of the
refrigerant blends, CO2, HFC-32, HFC-125, and HFC-152a, are
excluded from EPA's regulatory definition of volatile organic
[[Page 50418]]
compounds (VOC) (see 40 CFR 51.100(s)) addressing the development of
State Implementation Plans (SIPs) to attain and maintain the National
Ambient Air Quality Standards (NAAQS). That definition provides that
``any compound of carbon'' which ``participates in atmospheric
photochemical reactions'' is considered a VOC unless expressly excluded
in that provision based on a determination of ``negligible
photochemical reactivity.'' \21\
---------------------------------------------------------------------------
\21\ Definitions under title 40 chapter I subchapter C part 51
subpart F CFR 51.100 can be found at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-F/section-51.100.
---------------------------------------------------------------------------
None of the exemptions to the venting prohibition under CAA
608(c)(2) listed in 82.154(a)(1) apply to HFO-1234yf, HFO-1234ze(E), R-
454A, R-454C, R-455A, R-457A, or R-516A.
Flammability information: HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A have lower flammability, with an
ASHRAE flammability classification of 2L. EPA evaluated flammability
risk by evaluating reasonable worst-case and more typical, yet
conservative, scenarios to model the effects of releases of these
substitutes in the listed end-uses. These refrigerants are not expected
to present a flammability concern provided the use conditions are
followed. The use conditions provide additional safety measures and
labeling requirements (e.g., visible warning statement and red coloring
on the pipes, hoses, and devices which contain refrigerant) that make
equipment owners, consumers, fire marshals, and emergency first
responders aware of the presence of a flammability hazard.
Toxicity and exposure data: HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A have an ASHRAE toxicity classification
of A (lower toxicity). Potential health effects of exposure to these
refrigerants include drowsiness or dizziness. The refrigerants may also
irritate the skin or eyes or cause frostbite. At sufficiently high
concentrations, the refrigerants may cause irregular heartbeat. The
refrigerants could cause asphyxiation if air is displaced by vapors in
a confined space. These potential health effects are common to many
refrigerants.
OSHA has established a Permissible Exposure Limit (PEL) for
CO2 of 5,000 ppm as an 8-hr TWA. The American Industrial
Hygiene Association (AIHA) has established Workplace Environmental
Exposure Limits (WEELs) of 1,000 ppm as an 8-hr TWA for HFC-32, HFC-
125, and HFC-152a and 500 ppm as an 8-hr TWA for HFO-1234yf. The
manufacturer of HFO-1234ze(E) recommends 800 ppm as an 8-hr TWA for
that chemical, as does ASHRAE 34-2022. The manufacturers of R-454A, R-
454C, R-455A, R-457A, and R-516A recommend acceptable exposure limits
(AELs) for the workplace, respectively, of 690, 615, 650, 650, and 590
ppm on an 8-hr TWA for these blends.\22\ EPA anticipates that users
will be able to meet the OSHA PEL, AIHA WEELs, and manufacturers' AELs
and address potential health risks by following requirements and
recommendations in the manufacturers' safety data sheets (SDSs), the
final use conditions (including adherence to UL 60335-2-89 and ASHRAE
15-2022), and other safety precautions common to the refrigeration and
AC industry.
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\22\ The 8-hr TWA AEL recommendations of these refrigerant
blends are based upon a mass-weighting of the PEL and WEELs of their
components. ASHRAE 34-2022 also recommends these occupational
exposure limits.
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Comparison to other substitutes in these end-uses: HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A all have an ODP
of zero, comparable to or lower than some of the acceptable substitutes
in these end-uses, such as CO2, with an ODP of zero.
For new refrigerated food processing and dispensing equipment R-
454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 150,
higher than that of CO2, an acceptable substitute in this
end-use category, with a GWP of one, while HFO-1234yf and HFO-1234ze(E)
have comparable GWPs to CO2 of one. The GWPs of HFO-1234yf,
HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A are lower than those
of other acceptable HFC-134a, with GWPs of approximately 600, 630, and
1,430, respectively.
For new remote condensing units and supermarket systems, R-454A, R-
454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 237,
higher than that of ammonia and CO2, acceptable substitutes
in these end-use categories, with GWPs of zero and one, respectively,
while HFO-1234yf and HFO-1234ze(E) have comparable GWPs to
CO2 of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A,
R-454C, R-455A, R-457A, and R-516A are lower than those of some of the
acceptable substitutes for new remote condensing units and new
supermarket systems, such as R-450A, R-513A, HFC-134a, R-407A, and R-
404A, with GWPs of approximately 601, 630, 1,430, 2,110, and 3,922,
respectively.
For new stand-alone units R-454C, R-455A, R-457A, and R-516A have
GWPs ranging from 140 to 150, higher than some of the acceptable
substitutes in this end-use category such as CO2, R-290, and
R-441A with GWPs of one, three, and less than five, while HFO-1234yf
and HFO-1234ze(E) have comparable GWPs to CO2, R-290, and R-
441A of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-
455A, R-457A, and R-516A are lower than some of the acceptable
substitutes for new stand-alone units, such as R-450A and R-513A, with
GWPs of 601 and 630, respectively. As of January 1, 2025, certain HFCs
and HFC blends will be subject to restrictions in new stand-alone units
under the Technology Transitions Rule. In light of that upcoming
restriction, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C,
R-455A, R-457A, and R-516A to provide additional lower-GWP,
refrigerants in this end-use. This upcoming restriction, and the
corresponding value of providing additional lower-GWP refrigerants in
this end-use, are additional considerations that informed EPA's
decision on this listing.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see https://www.epa.gov/snap/retail-food-refrigeration). Toxicity risks of use,
determined by the likelihood of exceeding the exposure limit, of HFO-
1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A in
these end-uses are evaluated in the risk screens referenced previously.
The toxicity risks of using HFO-1234yf, HFO-1234ze(E), R-454A, R-454C,
R-455A, R-457A, and R-516A in retail food refrigeration equipment are
comparable to or lower than toxicity risks of other available
substitutes in the same end-uses. Toxicity risks of the refrigerants
can be minimized by use consistent with UL 60335-2-89 and ASHRAE 15-
2022--as required by the use conditions for these listings. EPA also
anticipates that service technicians working with these systems will
adhere to recommendations in the manufacturers' SDS for these
refrigerants and other safety precautions common in the refrigeration
and AC industry.
The flammability risks with HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A in these end-uses, determined by the
likelihood of exceeding their respective LFLs, are evaluated in the
risk screens referenced previously. Based on those risk screens, EPA's
view is that while these refrigerants may pose greater flammability
risk than other available substitutes in the same end-uses, this risk
can be minimized by use consistent with UL 60335-2-89, ASHRAE 15-
[[Page 50419]]
2022, as well as recommendations in the manufacturers' SDS and other
safety precautions common in the refrigeration and AC industry. EPA is
finalizing use conditions to reduce the potential risk associated with
the flammability of these alternatives so that they will not pose
greater overall risk to human health and the environment than other
acceptable substitutes in this end-use category.
In addition, the refrigerants listed through this action have lower
GWPs than most other refrigerants currently in use today, though EPA
notes that this is expected to shift in the future as entities begin
complying with the restrictions under the 2023 Technology Transitions
Rule for new equipment. These refrigerants provide additional lower-GWP
options for situations where other refrigerants with lower GWPs may not
be suitable. Given the wide range of applications for retail food
refrigeration, not all refrigerants listed as acceptable under SNAP
will be suitable for the range of equipment in the retail food
refrigeration end-use or in the four end-use categories within retail
food refrigeration. In this context, listing additional refrigerants as
acceptable under SNAP provides additional options and increases the
availability of substitutes for the full range of retail food
refrigeration equipment with lower-GWP refrigerants, which is
anticipated to lead to lower overall risk to human health and the
environment. Accordingly, based on EPA's evaluation of the information
discussed above and consideration of overall risk to human health and
the environment, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454C, R-
455A, R-457A, and R-516A as acceptable, subject to use conditions, for
use in all types of retail food refrigeration equipment. In addition,
to account for the challenges for finding lower-GWP refrigerants with
higher capacity for remote condensing units and supermarket systems
with moderate charge sizes and for cascade systems, EPA is listing R-
454A as acceptable, subject to use conditions, for use in remote
condensing units and supermarket systems with a charge size capacity
less than 200 pounds or for use in the high-temperature side of a
cascade system.
4. Why is EPA finalizing these specific use conditions?
This final rule applies to end-uses covered by UL 60335-2-89. This
standard applies to commercial and industrial refrigeration equipment,
including the SNAP end-uses of retail food refrigeration, commercial
ice machines, IPR, cold storage warehouses, and ice skating rinks.
ASHRAE 15-2022 also applies to these refrigeration systems.
UL 60335-2-89, as discussed in section II.H of this preamble,
indicates that refrigerant charges greater than a specific amount
(called ``m3'' in the standard and based on the
refrigerant's LFL) should be determined using national standards that
apply, such as ASHRAE 15-2022. Hence, EPA is requiring adherence to
both standards, when applicable, as use conditions for remote
condensing units and supermarket systems.
EPA is incorporating by reference ASHRAE 15-2022 and UL 60335-2-89
in use conditions that apply to use of the A2L refrigerants listed
through this action in new remote condensing units and supermarket
systems. Where the requirements specified in this final rule and ASHRAE
15-2022 differ, the requirements of this final rule apply.
A partial summary of ASHRAE 15-2022 is provided here for
information only. This is not meant to be a full explanation of the
standard or how it is applied; for additional detail, please consult
the standard. ASHRAE 15-2022 specifies requirements for refrigeration
systems, based on the safety group classification of the refrigerant,
the type of occupancy where the system is located, and whether
refrigerant-containing parts of the system enter the space or ductwork
such that leakage in the space is deemed ``probable.'' ``High-
probability'' installations are those such that leaks or failures will
result in refrigerant entering occupied space. Occupancies are divided
into six classifications: institutional, public assembly, residential,
commercial, large mercantile, and industrial. Examples of these include
jails, theaters, apartment buildings, office buildings, shopping malls,
and chemical plants, respectively.
Sections 7.2 and 7.3 of ASHRAE 15-2022 determine the maximum amount
of refrigerant allowed in the system, while section 7.4 provides an
option to locate equipment outdoors or in a machinery room constructed
and maintained under conditions specified in the standard. Section 7.7
of ASHRAE 15-2022 addresses the A2L refrigerants listed in this action
when used in ``high-probability'' systems that are not for human
comfort, including requirements for nameplates, labels, refrigerant
detectors (under certain conditions), airflow initiation or other
actions (if a rise in refrigerant concentration is detected), and other
restrictions.
ASHRAE 15-2022 is undergoing continuous maintenance with
publication of periodic addenda and is typically updated and
republished every three years. Although there were additional changes
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA
was not able to review and seek comment on use conditions based on
those more recent changes after publication of the proposal. EPA is
therefore not including addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is finalizing an additional use condition for R-454A in
supermarkets and remote condensing units. This refrigerant may only be
used either in equipment with a refrigerant charge capacity less than
200 pounds or in the high-temperature side of a cascade system. The
Agency is finalizing this use condition to allow use of R-454A less
broadly than for the other refrigerants being listed for use in remote
condensing units and supermarket systems because its GWP is higher than
those of the other listings for these end-use categories (about 237,
compared to one to 150). EPA's understanding is that there are two
particular situations where use of refrigerants is likely to be more
constrained to minimize risks to human health and the environment, and
thus, additional refrigerant options may be helpful.
The first of those situations is where ASHRAE 15-2022 identifies a
refrigerating system as having a ``high probability'' that leaked
refrigerant from a failed connection, seal, or component could enter an
occupied area. ASHRAE 15-2022 and UL 60335-2-89 effectively set charge
limits for A2L refrigerants to less than 260 times the LFL
(approximately 200 pounds for A2L refrigerants and ranging from roughly
120 to 250 pounds for the particular refrigerants listed in this rule)
for applications inside a supermarket or convenience store that are
open to the general public. In contrast, larger charge sizes could be
used in ``low-probability'' locations where the general public is
unlikely to come in contact with the refrigerant, such as systems used
in industrial occupancies, outdoors, or in a machinery room with access
restricted to store employees. Where the general public is unlikely to
come into contact with any leaked refrigerant, there would be fewer
space constraints and greater flexibility in equipment design, so
refrigeration system designers can accommodate a narrower set of
refrigerants. Conversely, where the general public is more likely to
come into contact with any leaked refrigerant in an interior space,
which are not industrial occupancies, refrigerant charge capacities of
a system would be
[[Page 50420]]
less than 200 pounds. In addition, in such public spaces there would be
more space constraints, less flexibility in equipment design, and
potentially stricter code requirements. EPA recognizes that these may
be situations where R-454A can be used where those other refrigerants
cannot, especially where space is constrained. Therefore, R-454A fills
a gap in the stated end-uses where lower-GWP refrigerant alternatives
posing less of a risk to human health and the environment are not as
available, and R-454A's GWP of approximately 240 and similar toxicity
and flammability profiles would pose lower overall risk to human health
and the environment. Listing R-454A for supermarket systems and remote
condensing units with smaller refrigerant charges provides an
additional refrigerant to manage safety (in particular, flammability
and toxicity) while achieving adequate performance where there may be
more constraints. As some public commenters stated, R-454A has a higher
volumetric capacity than the other A2L refrigerants with lower GWPs
being listed in this rule, which means less refrigerant is needed and
smaller refrigeration equipment can achieve the same cooling effect.
Therefore, EPA is listing R-454A as acceptable, subject to use
conditions, only for supermarket systems and remote condensing units
with a use condition that refrigerant charge capacity shall be less
than 200 pounds in order to mitigate risk to human health and the
environment that could be associated with higher GWPs.
The second situation where use of refrigerants is likely to be more
constrained is for use in the high-temperature side of cascade systems
used for supermarket systems and remote condensing units. As discussed
in section II.A.1 of this preamble, ``Background on retail food
refrigeration,'' each side \23\ of a cascade system uses a different
refrigerant that is most suitable for the given temperature range.
High-temperature systems, or the ``high-temperature side,'' have
typically used HFCs as a refrigerant; however, it is technologically
achievable and has become more common to use ammonia in the high-
temperature side. For lower temperature systems, or the ``low-
temperature side'' of the cascade system, refrigerants with low boiling
points such as R-744 can be used. Considerations for the choice of
refrigerants on either side of cascade systems are influenced by many
factors including, but not limited to, a refrigerant's toxicity and
flammability, its temperature glide, and its suitability for lower
temperature applications. Using flammable or toxic refrigerants, such
as ammonia, on the high-temperature side of a cascade system may be
limited in certain circumstances (e.g., based on building codes and/or
industry safety standards). There are multiple substitutes available
for the low-temperature side of a cascade system with GWPs lower than
that of R-454A, but there are fewer options for the high-temperature
side. Therefore, EPA is listing R-454A as acceptable, subject to use
conditions, when it is used in the high-temperature side of cascade
systems. This action expands the refrigerant options that can comply
with local building codes and industry safety standards while meeting
the more challenging application of the high-temperature side of a
cascade system, and allowing for a refrigerant that would pose lower
overall risks to human health and the environment than refrigerants
that would otherwise be used.
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\23\ Each side of the cascade system is a complete refrigeration
system with a compressor, condenser, and evaporator.
---------------------------------------------------------------------------
5. What additional information is EPA including in these listings?
EPA is providing additional information related to these listings.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
refrigerant under the SNAP program. However, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants. The additional information
applies to multiple end-uses covered in this final rule. See section
II.H.2 of this preamble for discussion on what additional information
EPA is including in these listings.
6. How is EPA responding to comments on retail food refrigeration?
Comment: For the retail food refrigeration end-use, two commenters
mentioned the proposed limitation on the use of R-454A and requested
greater flexibility for that refrigerant and end-use. Both commenters
indicated that R-454A is a higher capacity and more efficient
refrigerant compared to alternatives with GWPs less than 150. The
commenters stated that R-454A would provide greater flexibility to meet
DOE efficiency requirements and claimed thermodynamic similarities to
other refrigerants (R-404A, R-448A, and R-449A). One commenter
requested that EPA not restrict R-454A in the high side of a cascade
system and that R-454A be approved for use in stand-alone units.
Another commenter requested that EPA list R-454A as acceptable in all
retail food refrigeration end-uses (stand-alone units, remote
condensing units, supermarket systems, and refrigerated food processing
and dispensing equipment). This commenter stated that EPA has
sufficient information in the docket to allow EPA to add R-454A as
acceptable in stand-alone units and refrigerated food processing and
dispensing equipment, pointing to R-454A's zero ozone depletion
potential and A2L classification.
Response: EPA acknowledges the commenters' request for greater
flexibility to use R-454A. As discussed in section II.A.4 of this
preamble, under the listings finalized in this rule, R-454A is
acceptable, subject to use conditions, in the high side of a
supermarket cascade system. Concerning the suggestion that R-454A would
provide greater flexibility to meet DOE's energy conservation
standards, EPA notes that EPA's SNAP program and DOE's program for
energy conservation standards operate under separate authorities. If
EPA had information showing that commercial refrigeration equipment
manufactured using other refrigerants with lower GWPs were unable to be
used in this application, EPA might consider broader use of R-454A in
the future given there may not be other available or potentially
available low-GWP substitutes for this application; however, absent
such information, EPA is retaining the use conditions for R-454A in
supermarket systems and remote condensing units in this final rule as
proposed.
In response to comments supporting approval of R-454A in additional
retail food end-use categories beyond supermarket systems and remote
condensing units, such as stand-alone units and refrigerated food
processing and dispensing equipment, EPA is not taking that action in
this final rule because EPA did not propose to list R-454A and has not
completed our consideration or analysis needed to reach a final
decision whether to list this refrigerant in these other retail food
end-uses. In response to the commenters' points about energy efficiency
and capacity, these factors are not ones that are considered in 40 CFR
82.180(a)(7). Moreover, EPA notes that under the final Technology
Transitions Rule (88 FR 73098; October 24, 2023), refrigerants
containing HFCs used in retail food refrigeration--stand-alone units
are limited to those with a GWP less than 150 beginning January 1,
2025; thus, even if EPA were to list R-454A
[[Page 50421]]
as acceptable under the SNAP program, it still could not be used in
stand-alone units after that date. EPA is finalizing the listings for
R-454A as proposed, including listings for retail food refrigeration--
supermarket systems and retail food refrigeration--remote condensing
units, as acceptable, subject to use conditions.
Comment: Two commenters suggested that allowing R-454A would smooth
the transition to low-GWP refrigerants in stand-alone units, enabling
the industry to meet timing goals of the Technology Transitions Rule. A
different commenter urged EPA to list R-454A for use in self-contained
equipment. The third commenter stated that the quantity used in self-
contained equipment is less than that used in remote equipment, thereby
reducing the risk of any negative outcomes. This same commenter claimed
that small companies do not have sufficient design resources to meet
deadlines for both self-contained and remote equipment for different
refrigerants. The commenter stated that allowing the use of R-454A in
both self-contained and remote equipment would greatly reduce the time
needed to transition to lower-GWP refrigerants.
Response: In response to the first two commenters' suggestion that
listing R-454A as acceptable for stand-alone units would enable
industry to meet the timing goals of the Technology Transitions Rule,
we do not agree that R-454A is needed for timely compliance with that
restriction. There are already substitutes that meet the 150 GWP limit
available on the market for stand-alone retail food refrigeration. For
example, R-290 has been listed as acceptable and has been used in
stand-alone units for more than a decade. The Agency is aware of a
number of substitutes, including R-290, which will be more broadly
allowed, with larger charge sizes, through this rulemaking. Therefore,
the Agency disagrees with the first two commenters that expanding the
use of R-454A in this end-use is needed to meet requirements of the
Technology Transitions Rule because there are already substitutes
available in use for this purpose. EPA interprets the third commenter's
request for use of R-454A in self-contained equipment to apply to
retail food refrigeration (stand-alone units) and to retail food
refrigeration (refrigerated food processing and dispensing equipment)
that is self-contained, since EPA proposed that all commercial ice
machines could use R-454A, and other types of appliances covered by
this rule are not self-contained. EPA expects that such equipment in
many cases could use other refrigerants with a GWP lower than R-454A's
GWP of 237, such as R-290, R-471A, R-454C, R-455A, or R-516A, with GWPs
from three to less than 150. EPA also notes that under the final
Technology Transitions Rule (88 FR 73098; October 24, 2023),
refrigerants containing HFCs used in retail food refrigeration--stand-
alone units are limited to those with a GWP less than 150 beginning
January 1, 2025; thus, even if EPA were to list R-454A as acceptable
for stand-alone units under the SNAP program, it still could not be
used after that date. EPA also notes that for larger self-contained
commercial ice machines with harvest capacities above certain levels,
EPA is finalizing R-454A as acceptable, subject to use conditions (see
section II.C.6 of this preamble).
Comment: One commenter recommended that EPA list HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as acceptable for
use in packaged systems in retail food refrigeration (e.g., walk-in
coolers and freezers) as it was unclear if EPA intended the proposed
listings to apply to packaged refrigeration systems. The commenter also
asserted that the definitions for packaged refrigerating units in EPA's
proposed Technology Transitions Rule and UL 60335-2-89 match and that
the industry consensus standard that EPA proposed to incorporate by
reference already includes such equipment within its scope.
Response: In response to this comment, EPA is clarifying that
packaged refrigerating units fall within the same categories where the
Agency is finalizing acceptable listings for those refrigerants. UL
60335-2-89 defines a packaged refrigerating unit as ``a factory
assembled unit for performing the complete refrigeration cycle
(compressing gas, condensation or gas cooling, and evaporation)
comprising power-driven refrigerant compressor(s) with motors,
condensers or GAS COOLERS,\24\ liquid receivers, interconnection pipe
work, and ancillary equipment, all mounted on a common base.'' EPA
classifies packaged refrigerating units for retail food refrigeration,
such as walk-in coolers or freezers, as belonging either to the end-use
category `supermarket system' if the refrigerant is supplied on the
same multi-compressor refrigerant circuit used to cool food elsewhere
in the store or within the end-use category `remote condensing unit' if
only a one- or two-compressor system is used (generally dedicated to
just the individual walk-in cooler or freezer). (See also July 20,
2015; 80 FR 42901). If the packaged refrigerating unit is completely
self-contained with no remote condenser, then it would belong to retail
food refrigeration--stand-alone units. EPA proposed, and is finalizing,
listings for HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, in retail food
refrigeration--supermarket systems and retail food refrigeration--
remote condensing units. In addition, EPA proposed, and is finalizing,
listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for retail food
refrigeration--stand-alone units.
---------------------------------------------------------------------------
\24\ This term is capitalized in the original text of UL's
standard.
---------------------------------------------------------------------------
Comment: One commenter provided detailed comments on ice cream
makers, requesting revisions to the proposal so they become an eligible
end-use within the retail food refrigeration sector for the newly
listed refrigerants in the final rule. The commenter noted that
additional standards would need to be referenced in the final rule for
ice cream makers to be included. Specifically, ice cream makers fall
under UL 621 in North America and International Electrotechnical
Commission (IEC) 60355-2-118 internationally; they are not in the scope
of UL 60355-2-89. As such, the proposal would prevent ice cream
equipment from using certain flammable low-GWP refrigerants, even when
UL 621 and IEC 60335-2-118 have been updated to allow these substances.
The commenter requested that EPA expand the use conditions for the food
processing and dispensing equipment category to follow all relevant UL
and IEC standards. The commenter added that the proposed listings for
the sector would increase the cost of equipment due to the need to
mitigate high-temperature discharges for refrigerants like R-454C and
R-455A using special valves and compressors.
Response: EPA agrees with the commenter that equipment for ice
cream makers is covered by UL 621 and not by UL 60335-2-89. EPA did not
propose to require adherence to UL 621 as a use condition and notes
that this standard is currently under development to address the safe
use of flammable refrigerants. Therefore, the Agency is not adding
requirements in the final rule specific to ice cream makers. EPA will
continue to consider changes to relevant standards, and the Agency may
consider whether any revisions to the SNAP regulations should be
proposed at a future date. In this final rule, listings for
refrigerated food processing and dispensing equipment do not apply to
equipment that is manufactured according to UL
[[Page 50422]]
621, i.e., commercial ice cream makers. In response to comments related
to the cost of equipment for some of the listed refrigerants, EPA notes
this rule does not require the use of any specific refrigerant; rather,
this rule establishes requirements that allow for the safe use of the
listed refrigerants, such that they do not pose overall greater risk to
human health and the environment.
Comment: Two commenters claimed that the proposed rule's statement
that the smallest types of retail food refrigeration utilize either
brazed or welded refrigerant circuits was incorrect. The commenter
stated that thread fittings are used in some cases and requested that
this be accounted for in the final rule. Another commenter added that
EPA had indicated that small units may be fully brazed and stated that
some units may have components with screw fittings like cast iron
compressors. They commented that regulations for A2L refrigerants
should not require connections that are all brazed.
Response: EPA agrees with the comments regarding the incomplete and
incorrect statement that the smallest types of retail food
refrigeration utilize either brazen or welded refrigerant circuits. EPA
did not intend the statement to imply that brazed connections would be
required. In response to these comments, the description in section
II.A.1 of this preamble also includes threaded fittings.
B. Retail Food Refrigeration--Listing R-290 as Acceptable, Subject to
Use Conditions, for Use in New Refrigerated Food Processing and
Dispensing Equipment and Revision of the Use Conditions Provided in the
Previous Listings of R-290 as Acceptable, Subject to Use Conditions,
for Use in New Stand-Alone Units
This final rule lists R-290 as acceptable, subject to use
conditions, as a substitute for use in one additional end-use category
under retail food refrigeration (i.e., new refrigerated food processing
and dispensing equipment). Further, EPA is also amending existing use
conditions in the listing of R-290 as acceptable, subject to use
conditions, for use in new stand-alone units. More specifically, EPA
previously listed R-290 as acceptable, subject to use conditions, in
new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20, 2011).
One of the use conditions established in that rule was adherence to an
earlier standard, UL 471. In this final rule, we are revising those use
conditions to be consistent with the most recent U.S. national standard
for retail food refrigeration equipment, UL 60335-2-89. Among other
things, these revisions will allow safe use of larger charge sizes of
R-290 than under UL 471, which will allow for broader use of R-290 as
an alternative in these end-uses. Similar use conditions apply to other
refrigerants with lower flammability in this SNAP action in section
II.A of this preamble. The final use conditions are allowed for such
equipment manufactured on or after the effective date of this final
rule and do not apply to nor affect equipment manufactured before that
effective date.
This revision to the use conditions incorporates by reference a
newer industry standard, changing the reference from Supplement SB in
the 10th edition of UL 471, ``Commercial Refrigerators and Freezers,''
which was required in the earlier SNAP listing for R-290, to UL 60335-
2-89. EPA is providing a transition period from the effective date of
this final rule through September 29, 2024, during which stand-alone
units manufactured with R-290 may follow either the earlier UL 471
standard or UL 60335-2-89. After the transition period ends, new stand-
alone units manufactured with R-290 must follow UL 60335-2-89 for
purposes of the SNAP program, unless the new stand-alone units remain
essentially unchanged from an earlier model or design that was already
UL-listed to the earlier UL 471 standard. Under EPA's understanding of
these standards, if no design, manufacture, or other change is made to
equipment that was certified to UL 471 before the sunsetting date, then
the equipment may continue to be produced and used. To comply with the
use condition, once a design change of any kind is made to equipment
that has already been certified under UL 471, the equipment is required
to be updated to UL 60335-2-89 requirements, including labeling.
Several use conditions finalized for these end-use categories are
similar to those finalized for other end-uses. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. In summary, the common use
conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings; and requirements for warning labels and markings on equipment
to inform consumers, technicians, and first responders of potential
flammability hazards.
In this final action, EPA is revising the existing listing for R-
290 in new stand-alone units in appendix R to 40 CFR part 82, subpart
G, and adding the new listing for R-290 in refrigerated food processing
and dispensing units in appendix Y to 40 CFR part 82, subpart G. The
regulatory text contains revised listing decisions for new stand-alone
units in appendix R, as well as certain other previous listings that
EPA is republishing for purposes of formatting for the Federal
Register; EPA is not finalizing substantive changes to those earlier
decisions (e.g., listings for R-290, R-441A, and R-600a in household
refrigerators and freezers and in vending machines).
1. Background on Retail Food Refrigeration
See section II.A.1 of this preamble for background on the retail
food refrigeration end-use and particularly for the stand-alone units
and refrigerated food processing and dispensing equipment end-use
categories.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group.
See section II.A.2 of this preamble for further discussion on ASHRAE
classifications.
3. What is R-290 and how does it compare to other refrigerants in the
refrigerated food processing and dispensing equipment end-use category?
R-290 is propane and has the formula C3H8
(CAS Reg. No. 74-98-6). Redacted submissions and supporting
documentation for R-290 in retail food refrigeration are provided in
the docket for this final rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov. EPA performed a risk screening assessment to
examine the health and environmental risks of this refrigerant. This
risk screen is available in the docket for this final rule.\25\
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\25\ ICF, 2023h. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: Propane (R-290).
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Environmental information: R-290 has an ODP of zero. R-290 has a
GWP of three. R-290 is regulated as a VOC under CAA regulations (40 CFR
51.100(s)) addressing the development of SIPs to attain and maintain
the NAAQS. EPA previously exempted R-290 in retail food refrigerators
and freezers (stand-alone units only) from the venting prohibition
under CAA
[[Page 50423]]
section 608(c)(2), finding that such venting, release, or disposal does
not pose a threat to the environment (79 FR 29682, May 23, 2014).
EPA evaluated potential impacts of R-290 and other HC refrigerants
on local air quality. R-290 is considered a VOC and is not excluded
from EPA's regulatory definition of VOC (see 40 CFR 51.100(s))
addressing the development of SIPs to attain and maintain the NAAQS. As
described later, EPA estimates that potential emissions of saturated HC
refrigerants, such as R-290 and R-600a (isobutane), would not have a
greater overall negative impact on local air quality than other
acceptable substitutes in this end-use category.\26\
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\26\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February, 2014.
---------------------------------------------------------------------------
EPA has conducted multiple analyses of various scenarios to
consider the potential impacts on local air quality if HC refrigerants
were used widely.\27\ The analyses considered both worst-case and more
realistic scenarios. In an analysis supporting the listings of R-290,
R-600a, and the HC blend R-441A in multiple refrigeration and air
conditioning end-uses in SNAP Rule 19 (80 FR 19454, April 10, 2015),
the worst-case scenario assumed that the most reactive HC listed as
acceptable as of the time of those listings (R-600a) was used in all
refrigeration and AC uses and that all refrigerant used was emitted to
the atmosphere rather than most being recovered. In that extreme
scenario, the model predicted that the maximum increase in any single
8-hour average ground-level ozone concentration would be 0.72 parts per
billion (ppb) in Los Angeles, which is the area with the highest level
of ozone pollution in the United States. At the time of the analysis in
2014, 0.72 ppb was less than one percent of the NAAQS, and we stated at
the time that the use of R-600a consistent with the use conditions
required in EPA's regulations would not result in greater risk to the
environment than other alternatives. Using the level of the current
ozone NAAQS of 70 ppb, use of the most reactive saturated HC, R-600a,
with a 100 percent market penetration would just exceed a level that
might raise concerns for EPA. However, considering that R-290 is less
reactive than R-600a \28\ and that R-290 would have a market
penetration at least as high as that of R-600a,\29\ we still consider
use of saturated HC refrigerants not to result in greater overall risk
to human health and the environment.
---------------------------------------------------------------------------
\27\ Ibid.
\28\ R-600a has a MIR of 1.34 g O3/g R-600a, while R-
290 has a MIR of 0.56 g O3/g R-290. ICF, 2023h, Op. cit.;
Carter, 2010. ``Development of the SAPRC-07 Chemical Mechanism and
Updated Ozone Reactivity Scales,'' Report to the California Air
Resources Board by William P. L. Carter. Revised January 27, 2010.
\29\ Ibid.
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In a less conservative analysis of potential impacts on ambient
ozone levels, EPA looked at a set of end-uses that would be more likely
to use HC refrigerants between now and 2030, including end-uses where
they previously have been listed as acceptable and where they are
acceptable under this final rule. For example, we assumed use of R-290
in refrigerated food processing and dispensing equipment \30\ and in
end-uses where it is already listed as acceptable, including retail
food refrigeration--stand-alone units, vending machines, water coolers,
self-contained commercial ice machines, room air conditioners, and
household refrigerators and freezers. We also assumed the use of other
HC refrigerants such as R-600a and R-441A in end-uses where they are
listed as acceptable, such as in retail food refrigeration--stand-alone
units, vending machines, and household refrigerators and freezers. For
further information on the specific assumptions, see the docket for
this rulemaking.\31\ Based on this still conservative but more probable
assessment of refrigerant use, our assessment performed in 2014 found
that even if all the refrigerant in appliances in end-uses addressed in
this final rule and in appliances in end-uses for which other HCs are
listed as acceptable were to be emitted, there would be a worst-case
impact of a 0.15 ppb increase in ozone for a single 8-hour average
concentration in the Los Angeles area, which is the area with the
highest level of ozone pollution in the United States. This value is
roughly 0.2 percent of the level of the current ozone NAAQS of 70 ppb
on an 8-hour rolling average over a 6-month period between April and
September of 2030. In the other cities examined in the analysis,
Houston and Atlanta, impacts were smaller (no more than 0.03 and 0.01
ppb for a single 8-hour average concentration, respectively).\32\ For
areas in the analysis that were not violating the 2008 ozone NAAQS, the
impacts did not cause an exceedance of the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\30\ In the analysis, refrigerated food processing and
dispensing equipment was evaluated under the category of ``small
retail food'' refrigeration equipment, along with stand-alone units,
vending machines, and water coolers.
\31\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
\32\ Ibid.
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EPA also has performed more recent air quality analyses,
considering additional end-uses and HC refrigerants that have been
listed acceptable more recently (e.g., R-1150 (ethylene) in very low
temperature refrigeration) and using updated models.\33\ EPA found that
the revised air quality models showed slightly greater impacts compared
to our 2014 analyses in all scenarios, but not enough to change our
earlier conclusions in 2015 and 2016 that use of saturated HCs as
refrigerants, including release of R-290, R-600a, and R-441A during
repairing, maintaining, servicing, or disposing of appliances, would
not result in a significant increase in ground-level ozone. Further,
there would be no change in the prior conclusion that use of the
saturated HCs R-290, R-600a, and R-441A, consistent with the SNAP
listings, including their use conditions and the final use conditions
in this rule, would not result in greater overall risk to people's
health or the environment than other alternatives available under SNAP
for the same end-use, refrigerated food processing and dispensing
equipment.
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\33\ ICF, 2022. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May
2020. Updated models included VM IO file_v5.1_10.01.19 and CMAQ
5.2.1 with carbon bond 06 (CB06) mechanism, as cited in ICF, 2022.
---------------------------------------------------------------------------
Because of the relatively minimal air quality impacts of R-290 if
it is released to the atmosphere from the end-uses where it is listed
as acceptable subject to use conditions and from the refrigerated
processing and dispensing equipment end-use category, even in a worst-
case scenario, we conclude that R-290 does not have a greater overall
impact on human health and the environment based on its effects on
local air quality than other refrigerants listed as acceptable in the
same end-uses.
Flammability information: R-290 is a higher flammability
refrigerant, with an ASHRAE safety classification of A3. EPA evaluated
flammability risk by evaluating reasonable worst-case and more typical,
yet conservative, scenarios to model the effects of releases of R-290
in retail food refrigeration. This refrigerant is not expected to
present a flammability concern provided the use conditions are
followed. The use conditions provide additional safety measures and
labeling requirements (e.g., visible warning statement and red coloring
on the pipes, hoses, and devices which contain refrigerant) that make
equipment owners, consumers, fire marshals, and emergency first
[[Page 50424]]
responders aware of the presence of a flammability hazard.
Toxicity and exposure data: R-290 has an ASHRAE toxicity
classification of A (lower toxicity). Potential health effects of
exposure to this refrigerant include drowsiness or dizziness. The
refrigerant may also irritate the skin or eyes or cause frostbite. This
refrigerant could cause asphyxiation if air is displaced by vapors in a
confined space. These potential health effects are common to many
refrigerants.
OSHA has established a PEL of 1,000 ppm as an 8-hr TWA for R-290.
EPA anticipates that users will be able to meet OSHA's PEL and address
potential health risks by following requirements and recommendations in
the manufacturers' SDSs, the final use conditions (including compliance
with UL 60335-2-89), adherence to ASHRAE 15-2022, and other safety
precautions common to the refrigeration and AC industry.
Comparison to other substitutes in the refrigerated food processing
and dispensing end-use category: R-290 has an ODP of zero, comparable
to or lower than some of the acceptable substitutes in new refrigerated
food processing and dispensing equipment, such as CO2, R-
450A, and R-513A, with ODPs of zero.
R-290's GWP of three is comparable to that of other acceptable
substitutes for new refrigerated food processing and dispensing
equipment, including CO2, with a GWP of one. The GWP of R-
290 is lower than some of the acceptable substitutes for new
refrigerated food processing and dispensing equipment, such as R-450A,
R-513A, R-134a, and R-407H, with GWPs of approximately 600, 630, 1,430,
and 1,500, respectively.
EPA's risk screen for R-290 in retail food refrigeration,\34\
including refrigerated food processing and dispensing equipment, found
that R-290 can be used without exceeding its PEL of 1,000 ppm (8-hr
TWA); thus, the toxicity risks of R-290 are comparable to those of
other acceptable substitutes in the refrigerated food processing and
dispensing equipment end-use category, which also are used without
exceeding their workplace exposure limits.
---------------------------------------------------------------------------
\34\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------
Although the flammability of R-290 may be greater than that of
other available refrigerants with an ASHRAE 1, 2, or 2L flammability
classification in the same end-use, we found its flammability risk to
be comparable to those of other acceptable substitutes, even under
worst-case assumptions in this end-use category when following the
final use conditions.\35\ We note that flammability risk can be
minimized by use consistent with industry standards such as UL 60335-2-
89-which applies under the use conditions-and ASHRAE 15-2022-which also
applies under the use conditions-as well as recommendations in the
manufacturers' SDS and other safety precautions common in the
refrigeration and air conditioning industry. EPA is finalizing use
conditions that reduce the flammability risk associated with this
alternative so that it will not pose greater overall risk to human
health and the environment than other acceptable substitutes in this
end-use category.
---------------------------------------------------------------------------
\35\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------
Based on the results of these analyses, EPA is listing R-290 as
acceptable, subject to use conditions, in refrigerated food processing
and dispensing equipment. R-290 has a GWP of three, lower than that of
most other available alternatives for the same end-use category with
similarly low toxicity. R-290 provides an additional lower-GWP option
for situations where other refrigerants with lower GWPs are not viable,
such as where equipment using CO2 may not be able to meet
DOE's energy conservation standards. To provide an additional, lower-
GWP option with lower overall risk to human health and the environment,
EPA is listing R-290 as acceptable, subject to use conditions, for use
in refrigerated food processing and dispensing equipment.
4. Why is EPA finalizing these specific use conditions for refrigerated
food processing and dispensing equipment?
For refrigerated food processing and dispensing equipment, EPA is
requiring adherence to UL 60335-2-89 for equipment falling under the
scope of that standard. Several of the use conditions for refrigerated
food processing and dispensing equipment are common to those finalized
for R-290 in the commercial ice machine end-use as discussed in section
II.D of this preamble. Other use conditions are common to all
refrigerants and all five end-uses in this final rule. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. In summary, the common use
conditions for all five end-uses are: restricting the use of each
refrigerant to new equipment that is specifically designed and clearly
marked for that refrigerant; use consistent with ASHRAE 15-2022 and
with UL 60335-2-89 (with certain exceptions), including testing, charge
sizes, ventilation, usage space requirements, and certain hazard
warnings and markings; and requirements for warning labels and markings
on equipment to inform consumers, technicians, and first responders of
potential flammability hazards.
5. How does the listing for R-290 in refrigerated food processing and
dispensing equipment relate to regulations implementing the venting
prohibition under CAA section 608?
In section II.I of this preamble EPA is finalizing an exemption for
R-290 used as a refrigerant in refrigerated food processing and
dispensing equipment from the prohibition under CAA section 608(c)(2)
on knowingly venting or otherwise knowingly releasing or disposing of
any substitute refrigerant in the course of maintaining, servicing,
repairing, or disposing of an appliance or IPR.
6. What existing use conditions apply to this refrigerant in the stand-
alone units end-use category?
EPA previously listed R-290 acceptable, subject to use conditions,
in new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20,
2011). Those requirements are codified in appendix R to 40 CFR part 82,
subpart G. EPA provided information on the potential environmental and
health risks of R-290 and the various refrigerants available at that
time for use in this end-use category. EPA's previous risk screen for
this refrigerant in this end-use category, based on the use conditions
in that rule, is available in the docket for that previous rulemaking
(EPA-HQ-OAR-2009-0286).
R-290 has an ASHRAE classification of A3, indicating that it has
low toxicity and higher flammability. In the presence of an ignition
source (e.g., static electricity, a spark resulting from a closing
door, or a cigarette), an explosion or a fire could occur if the
concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1
percent) by volume.
The use conditions established in the SNAP Rule 17 for R-290 in new
stand-alone units addressed safe use of this flammable refrigerant
based on information available at that time and included the following:
incorporation by reference of Supplement SB to the 10th edition
(November 24, 2010) of UL 471 ``Commercial Refrigerators and
Freezers;'' refrigerant charge size limits based on cooling capacity
and type of equipment; and requirements for markings and warning labels
on equipment using the refrigerant to inform consumers, technicians,
and first responders of potential flammability hazards. EPA explained
in that rulemaking that without appropriate use
[[Page 50425]]
conditions, the flammability risk posed by this refrigerant could be
higher than non-flammable refrigerants because individuals may not be
aware that their actions could potentially cause a fire, and because
the refrigerant could be used in existing equipment that has not been
designed specifically to minimize flammability risks. Our assessment
and listing decisions in SNAP Rule 17 (76 FR 78832, December 20, 2011)
found that with the use conditions, the overall risk of R-290,
including the risk due to flammability, was not greater in the stand-
alone units end-use than other substitutes that are currently or
potentially available for that same end-use.
7. What updates to existing use conditions for stand-alone units is EPA
finalizing?
EPA is finalizing the proposed use conditions that apply to R-290
in new stand-alone units manufactured on or after the effective date of
this final rule. The updated use conditions finalized for use of R-290
in stand-alone units are common to those finalized for the commercial
ice machine end-use in section II.D of this preamble, and others are
common to all five end-uses in this final rule. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. For R-290 in stand-alone
units, these use conditions in sections II.D and II.H of this preamble
are the only revised use conditions EPA is finalizing--i.e., there are
no use conditions pertaining to refrigerant charge capacity or specific
applications within stand-alone units. In summary, with the updates
finalized for the use conditions for stand-alone units, the common use
conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings; and requirements for warning labels and markings on equipment
to inform consumers, technicians, and first responders of potential
flammability hazards.
EPA is finalizing the use conditions in this action, which apply to
new stand-alone units on or after the effective date of this final
rule. This final rule does not apply to nor affect equipment
manufactured before the effective date of this action. The final
regulatory text presents these different requirements as numbered
listings in separate table rows, where the end-use and the effective
time period during which the equipment is manufactured are in the left-
most column, with the heading ``End-use''; the specific requirements
are listed as use conditions in the fourth column, with the heading
``Use Conditions.'' Under SNAP, EPA views equipment to be manufactured
at the date upon which the appliance's refrigerant circuit is complete,
the appliance can function, the appliance holds a full refrigerant
charge, and the appliance is ready for use for its intended purposes.
For stand-alone units (and most refrigerated food processing and
dispensing equipment), this occurs at the factory. New stand-alone
units manufactured between February 21, 2012, and the effective date of
the final rule that use R-290 are required to meet the use conditions
in SNAP Rule 17 (which took effect February 21, 2012) and as listed in
appendix R to 40 CFR part 82, subpart G (in listing 2), including the
use condition incorporating by reference Supplement SB to the 10th
edition of UL 471. Such products are permitted to be warehoused and
sold through normal channels, even if they are sold after the effective
date of this final rule. Stand-alone units using R-290 manufactured on
or after the effective date of this final rule are required to meet the
use conditions finalized and listed in the revisions to appendix R.
Those use conditions allow manufacturers of new stand-alone units using
R-290 to follow either UL 471 or UL 60335-2-89 from the effective date
of this final rule and through September 29, 2024, which is the date
when UL is sunsetting UL 471. On and after September 30, 2024, new
stand-alone units using R-290 for any new equipment designs or models
must meet UL 60335-2-89; for an unchanged model or design that was
already listed by UL--that is, certified to meet the requirements of UL
471--the equipment can continue to be manufactured according to that
standard's requirements.
EPA is finalizing use conditions allowing all new stand-alone units
using R-290 to be manufactured consistent with Supplement SB of UL 471,
up to and including September 29, 2024. Therefore, during the time
between the effective date of this final rule and September 29, 2024,
manufacturers may follow either UL 471, 10th edition or UL 60335-2-89,
2nd edition, depending on which standard the equipment was designed to.
This transition date was in this rule's proposal in order to align with
the industry standard sunsetting date for UL 471. It is EPA's
understanding that since proposal, UL has discussed updating its
effective date when UL 60335-2-89 replaces UL 471 to reflect a later
continuing certification date. EPA is allowing manufacturers to adhere
to either standard for this limited time because the Agency recognizes
that manufacturers may need time to make necessary changes including to
their product labels. The period during which manufacturers may follow
either standard should provide sufficient time for manufacturers to
transition from UL 471 to UL 60335-2-89 while designing and testing new
models and designs. Beginning September 30, 2024, for the purposes of
the SNAP program, newly manufactured stand-alone units of new models
and designs using R-290 must meet the requirements of UL 60335-2-89.
Newly manufactured stand-alone units of existing models and designs
that are certified (e.g., UL-listed) using R-290 that remain unchanged
other than cosmetic changes (e.g., color changes) and that meet
Supplement SB of UL 471 prior to September 30, 2024, may continue to
meet those requirements after that date. In addition, we are requiring
manufacturers to follow the set of use conditions that correspond with
a specific UL standard (e.g., we are including text in the revisions to
appendix R stating that when an entity is using UL 471, it is to follow
all use conditions in listing 2 and when using UL 60335-2-89, it is to
follow all use conditions in listing 4 in the final revisions to
appendix R). See section II.H.1 of this preamble for further discussion
on the requirements of UL 60335-2-89, 2nd edition, which EPA is
incorporating by reference.
EPA also notes that we are continuing to apply without revision two
existing use conditions, nor did we take comment on those two existing
use conditions. The use conditions finalized in this rule that restrict
the use of R-290 to new equipment specifically designed for this
refrigerant, and that require red-colored markings on service ports,
pipes, hoses, and other devices through which the refrigerant is
serviced, repeat the existing use conditions for R-290 in new stand-
alone units.
8. How do the new use conditions for R-290 in stand-alone units differ
from the existing ones and why is EPA changing the use conditions?
The revised use conditions EPA is finalizing for R-290 in stand-
alone units are the same as or similar to the ones that exist today in
appendix R to 40 CFR part 82, subpart G, for R-290 in this end-use
category. The final requirements that R-290 must be used in new
equipment only, and that new
[[Page 50426]]
stand-alone units must include red markings at service ports, pipes,
hoses, and other devices through which the refrigerant is serviced, are
repeated in this final listing. The revised use conditions concern
incorporating by reference the most recent U.S. national industry
safety standard and updated labeling requirements consistent with that
new standard. Stand-alone units using R-290 manufactured before the
effective date of this final rule are not affected by the revised use
conditions.
Warning labels are required under EPA's use restrictions for R-290
in stand-alone units, and EPA is continuing to require them, although
with some specific language changes. The finalized warning labels are
similar to those already established as use conditions for the use of
R-290 in stand-alone units. Using a common set of labels, similar to
those from UL 60335-2-89, will aid in compliance and reduce burden for
the industry, especially for a manufacturer that uses more than one
refrigerant. EPA is finalizing that the labels must be provided in
letters no less than 6.4 millimeter (\1/4\ inch) high and must be
permanent, which is identical to the existing requirement for R-290 in
stand-alone units.
EPA is incorporating by reference a newer industry standard in the
use conditions, including use of UL 60335-2-89, 2nd edition for
equipment newly designed and manufactured on or after the effective
date of this final rule instead of continuing to require Supplement SB
of the 10th edition of UL 471. UL 60335-2-89 was developed in an open
and consensus-based approach, with the assistance of experts in the
refrigeration and AC industry as well as experts involved in assessing
the safety of products. The revision cycle for the 2nd edition,
including final recirculation, concluded with its publication on
October 27, 2021. UL 60335-2-89 replaces the previously published
version of several standards, including UL 471, which had already been
published as a 10th edition by that time. EPA was aware of the
continuing progress of UL standards to address flammable refrigerants.
In SNAP Rule 23 (86 FR 24444, May 6, 2021), which listed a number of
A2L refrigerants for use in the residential and light commercial AC and
heat pumps end-use, we stated, ``EPA understands that the standard we
relied on in [SNAP] Rule 19 might `sunset' in the future. Therefore, we
will continue to evaluate the market for the equipment addressed in
that rule, including R-290 in stand-alone units, and whether to
establish new or revised use conditions that reference UL 60335-2-89.''
Today, we are finalizing such a change knowing that the standard to
which such equipment is UL-listed will transition from UL 471 to the
most recent standard, UL 60335-2-89, for newly designed and
manufactured equipment as of September 30, 2024.
To allow time for manufacturers of stand-alone units to transition
between the existing use condition using the 10th edition of UL 471 and
the new use condition using UL 60335-2-89, EPA is allowing R-290 to be
used in stand-alone units manufactured either following UL 471 or UL
60335-2-89 during a transition period. That transition period begins on
the effective date of this final rule, July 15, 2024, and lasts through
September 29, 2024. It is EPA's understanding that UL intends to sunset
UL 471 on September 29, 2024, and EPA is coordinating with that sunset
date. Further, based on public comments, EPA understands that UL allows
newly manufactured equipment that remains unchanged from its previous
UL-listed (certified) design or model to continue to follow an earlier
standard such as UL 471 because the manufacturer has made no changes.
EPA intends to follow this practice, as well, in this final rule.
Beginning September 30, 2024, the use condition allows R-290 to be used
in new stand-alone units that follow UL 60335-2-89, or for newly
manufactured stand-alone units that are unchanged from the model or
design previously UL-listed as meeting UL 471 10th edition. In
addition, manufacturers must follow the set of use conditions that
correspond with a specific UL standard (i.e., when using UL 471, follow
all use conditions in listing 4 and when using UL 60335-2-89, follow
all use conditions in listing 6 in the final revisions to appendix R).
Another revision to the use conditions is the limit on charge
sizes. The existing use conditions from SNAP Rule 17 require the charge
sizes to be calculated consistent with UL 471, with a maximum charge of
150 g allowed. The final revised use conditions for equipment newly
designed and manufactured on or after the effective date of this final
rule allow charge sizes calculated based on UL 60335-2-89, which allows
charges of up to roughly 500 g of R-290 for open stand-alone units, or
roughly 300 g for those with doors and drawers. These changes allow the
use of R-290 in larger equipment than previously and provide more
options for industry, while mitigating flammability or exposure risk
and maintaining safety within a comparative risk framework.
Because of the differences between UL 471 and UL 60335-2-89, EPA
performed a new risk screen for R-290 as a refrigerant in retail food
refrigeration equipment, including stand-alone units.\36\ In this risk
screen, EPA adjusted charge sizes to be consistent with the larger
charge sizes of roughly 300 g and 500 g allowed for R-290 under UL
60335-2-89. The risk screen also considered the impact of mitigation
methods such as valves that would restrict the amount of refrigerant
that could be released, with a limit on ``releasable charge.'' The
updated risk screen found that concentrations of R-290 still would not
exceed the LFL when used according to the new use condition with
releasable charge and larger charge sizes and consistent with UL 60335-
2-89, and thus the new use conditions also address potential
flammability risks of using R-290.\37\ In addition, the risk screen
modeled the reasonable worst-case scenario of short-term exposure (15-
minute TWA) due to a catastrophic release of the charge. Under this
highly conservative scenario, the worst-case exposure of 5,770 ppm was
still significantly lower than the Acute Toxicity Exposure Limit (ATEL)
of 50,000 ppm.\38\ According to ASHRAE 34, R-290 is listed under safety
group A3 with an ATEL of 50,000 ppm. ASHRAE 34 ATELs are intended to
reduce the risks of acute toxicity, asphyxiation, and flammability
hazards in normally occupied, enclosed spaces during refrigerant use
and protect end-users from the potential dangers of a catastrophic leak
from a refrigeration unit. For further information, see the risk screen
\39\ for R-290 in the docket for this rulemaking.
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\36\ ICF, 2023h. Op. cit.
\37\ Ibid.
\38\ The source of the ATEL is ASHRAE 34-2022, as cited in ICF,
2023h. Op cit.
\39\ ICF, 2023h. Op. cit.
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9. What additional information is EPA including in these listings?
EPA is providing additional information related to this final
listing for R-290 in new refrigerated food processing and dispensing
equipment and the final listing for R-290 in new stand-alone units.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
refrigerant under the SNAP program. See section II.H.2 of this preamble
for further discussion on what additional information EPA is including
in these listings. This additional information is similar to, but not
identical with, the additional information in the listing for R-290 in
stand-alone units in SNAP Rule 17, which included additional
[[Page 50427]]
information such as applicable OSHA requirements, need for proper
ventilation, use of personal protective equipment, fire extinguishers
to keep nearby, use of spark-proof tools and recovery equipment
designed for flammable refrigerants, and suggestions for technician
training. EPA is finalizing additional information consistent with that
included in the final listings for other refrigerants in stand-alone
units in this rule and consistent with that included in the listings
for R-290 as acceptable, subject to use conditions, in stand-alone
units in Rule 17, with additional information such as recommendations
for actions to take in case of an accidental release, additional
recommended practices for technicians, DOT requirements for transport
of flammable gases, and statement that disposed flammable refrigerant
is likely to be hazardous waste under RCRA. While the items listed are
not legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants.
10. How is EPA responding to comments on listing R-290 in refrigerated
food processing and dispensing equipment and updating the use
conditions for R-290 in stand-alone units?
Several commenters provided input on listing R-290 as a substitute.
Comment: Two commenters referenced charge size considerations for
R-290 and asked that EPA align the final rule with industry standards
to reduce confusion. One commenter asked EPA to conform its description
of R-290 charge sizes to those allowed under UL 60335-2-89 and ASHRAE
15: 13 times the LFL for open appliances (494 g), eight times the LFL
for closed appliances with doors and drawers (304 g), and 3 times the
LFL in public corridors and lobbies (114 g). To avoid confusion, they
cautioned EPA to avoid noting that a charge limit of 500 g of R-290 is
permitted. The same commenter noted that larger charge sizes of R-290
are only permitted for products listed to UL 60335-2-89, and not UL
471. A different commenter added that the UL 60335-2-89 standard for
stand-alone retail food refrigeration equipment with R-290 is thorough
and sufficient. They mentioned that conversion of self-contained
refrigeration equipment using R-290 is currently constrained by the use
restrictions for stand-alone retail food refrigeration (150 grams or
less in UL 471). They added that work remains to properly and safely
convert products that require larger charges of R-290 to supply the
cooling capacity needed. Another commenter requested that EPA allow
larger charges of R-290 in the high side of cascade systems or
secondary systems in all applications. They stated that R-290 can be
paired with carbon dioxide to make an energy efficient system in warmer
climates. They added that the International Institute of Ammonia
Refrigeration (IIAR) is developing a standard specifically for the use
of R-290.
Response: EPA agrees with the commenters concerning the description
of charge sizes for R-290 and the related requirements of UL 60335-2-89
and ASHRAE 15. Specifically, UL 60335-2-89 limits charge sizes for R-
290 to 13 times the LFL for open appliances (494 g), eight times the
LFL for closed appliances with doors and drawers (304 g), and ASHRAE
15-2022 limits charges to 3 times the LFL in public corridors and
lobbies (114 g). As noted by the commenters, the charge size limit for
R-290 is 150 g for equipment following UL 471. EPA did not propose to
list R-290 as acceptable, subject to use conditions, for the high side
of cascade systems or secondary loop systems in all applications and
did not receive information in a submission for such uses of R-290;
thus, EPA has not performed necessary analysis to make a listing
decision nor provided an opportunity for comment on that analysis. EPA
also notes that the current edition (2nd edition) of UL 60335-2-89 only
allows use of A3 (higher flammability) refrigerants in self-contained
equipment, which applies to stand-alone units and to some refrigerated
food processing and dispensing equipment, not to supermarket systems or
remote condensing units. In response to the comments regarding IIAR
standard development, EPA would first need to review a final standard
and propose it as a use condition before requiring it in a final
listing; thus, this comment is beyond the scope of this rulemaking. EPA
will continue to monitor development of and changes to relevant
standards, and the Agency may consider whether any additions to or
revisions to the SNAP program regulations should be proposed at a
future date.
Comment: One commenter stated that expanding the use of R-290, with
a low GWP, will help minimize harmful climate impacts of refrigerant
emissions while maintaining safe systems.
Response: EPA agrees in general that allowing greater use of R-290
would allow for lower climate impacts, and so long as R-290 is used
according to the use conditions in this final rule, we expect it will
be used as safely as other available substitutes for the same uses.
C. Commercial Ice Machines--Listing of HFC-32, HFO-1234yf, R-454A, R-
454B, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Commercial Ice Machines
This final rule lists HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines. The listings for refrigerants HFC-32, R-454A, and R-454B are
being finalized in this rule only for larger equipment--specifically,
remote commercial ice machines, self-contained batch-type commercial
ice machines with a harvest rate greater than 1,000 lb ice per 24
hours, and self-contained continuous-type commercial ice machines with
a harvest rate above 1,200 lb ice per 24 hours; EPA is not finalizing
listings for those three refrigerants for smaller commercial ice
machines at this time.
Several use conditions finalized for commercial ice machines are
common to those finalized for other end-uses. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. For commercial ice machines,
those are the only use conditions EPA is finalizing. In summary, the
common use conditions are: restricting the use of each refrigerant to
new equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings; and requirements for warning labels and markings on equipment
to inform consumers, technicians, and first responders of potential
flammability hazards.
In this final action, EPA is revising the existing listing for R-
290 in new self-contained commercial ice machines in appendix V to 40
CFR part 82, subpart G. The regulatory text contains listing decisions
for the commercial ice machines end-use, as well as certain other
previous listings that EPA is republishing for purposes of formatting
for the Federal Register; EPA is not finalizing substantive changes to
those earlier decisions, e.g., listings for R-290 in new water coolers
and in new very low temperature refrigeration equipment.
[[Page 50428]]
1. Background on Commercial Ice Machines
Commercial ice machines are used in commercial establishments
(e.g., hotels, restaurants, convenience stores) to produce ice for
consumer use. Commercial ice machines \40\ are another subset of
commercial refrigeration and are considered a separate end-use within
the SNAP program from retail food refrigeration due to differences in
where such equipment is placed and the additional mechanical and
electronic components required to make and dispense ice. Ice machines
produce ice in various sizes and shapes, and with different retrieval
mechanisms (e.g., dispensers or self-retrieval from bins). Many
commercial ice machines are self-contained units, while some have the
condenser separated from the portion of the machine making the ice and
have refrigerated lines running between the two (also known as remote
condensing equipment). The listings described in section II.C.4 of this
preamble apply both to larger self-contained commercial ice machines
and to remote condensing commercial ice machines. Commercial ice
machines fall under the scope of UL 60335-2-89, ``Household and Similar
Electrical Appliances--Safety--Part 2-89: Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or Remote
Refrigerant Unit or Motor-Compressor.''
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\40\ Industry standards for this type of equipment, e.g., UL 563
and UL 60335-2-89, use the terms ``ice maker'' or ``ice-maker''
rather than commercial ice machines. The terms may be used
interchangeably and refer to the same equipment.
---------------------------------------------------------------------------
Commercial ice machines can also be divided between batch-type
machines (e.g., providing cubed ice) and continuous-type machines
(e.g., providing flaked ice). Batch-type (also called cube type) ice
machines harvest ice with alternating freezing and harvesting periods.
Batch-type commercial ice machines can be used in a variety of
applications but are generally used to generate ice for use in
beverages. Batch-type commercial ice machines are often employed in
hotels, hospitals, and restaurants where beverages are served.
Continuous-type ice makers produce ice through a continuous freeze and
harvest process and include flake and nugget ice machines. Flake ice is
used primarily in food displays, such as seafood grocery store displays
or salad bars, whereas nugget ice (also known as chewable ice) is
primarily used in beverage applications such as smoothies and blended
cocktails. DOE sets energy conservation standards for commercial ice
machines and distinguishes these based in part on their harvest
rate,\41\ defined as ``as the amount of ice (at 32 degrees F) in pounds
produced per 24 hours.'' 10 CFR 431.132.
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\41\ For purposes of this rule, the harvest rate shall be
determined in accordance with 10 CFR 431.134.
---------------------------------------------------------------------------
R-404A has commonly been used in remote condensing commercial ice
machines, while both R-404A and R-410A have been commonly used in self-
contained commercial ice machines. Recently, there has been the
introduction of smaller self-contained commercial ice machines that use
R-290.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants for commercial ice
machines in this section as being in the A2L Safety Group. See section
II.A.2 of this preamble for further discussion on ASHRAE
classifications of these refrigerants.
3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
See section II.A.3 of this preamble for further discussion on the
identity, environmental, flammability, toxicity, and exposure
information for HFO-1234yf, R-454A, R-454C, R-455A, R-457A, and R-
516A.\42\
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\42\ EPA previously listed HFO-1234yf as acceptable, subject to
use conditions, in motor vehicle AC in light-duty vehicles (74 FR
53445, October 19, 2009), in heavy-duty pickup trucks and complete
heavy-duty vans (81 FR 86778, December 1, 2016) and in nonroad
vehicles and service fittings for small refrigerant cans (87 FR
26276, May 4, 2022). EPA previously listed R-454A, R-454B, R-454C,
and R-457A as acceptable, subject to use conditions, as substitutes
in residential and light commercial AC and heat pumps (86 FR 24444,
May 6, 2021). EPA previously listed HFC-32 as acceptable, subject to
use conditions, in self-contained room air conditioners (80 FR
19453, April 10, 2015) and listed HFC-32 as acceptable, subject to
use conditions, in the remaining types of residential and light
commercial air conditioning and heat pumps.
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HFC-32 is also known as R-32 or difluoromethane (CAS Reg. No. 75-
10-5). R-454B, also known by the trade names ``OpteonTM XL
41'' and ``Puron AdvanceTM,'' is a blend consisting of 68.9
percent HFC-32 and 31.1 percent HFO-1234yf. Redacted submissions and
supporting documentation for HFC-32, HFO-1234yf, and the refrigerant
blends are provided in the docket for this rule (EPA-HQ-OAR-2023-0043)
at https://www.regulations.gov. EPA performed a risk screening
assessment to examine the health and environmental risks of each of
these refrigerants. These risk screens are available in the docket for
this rule.43 44 45 46 47 48 49 50
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\43\ ICF, 2024i. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: HFC-32.
\44\ ICF, 2024j. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: HFO-1234yf.
\45\ ICF, 2024k. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
\46\ ICF, 2024l. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454B.
\47\ ICF, 2024m. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454C (OpteonTM
XL20).
\48\ ICF, 2024n. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-455A (Solstice[supreg]
L40X).
\49\ ICF, 2024o. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-457A (Forane[supreg] 457A).
\50\ ICF, 2024p. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-516A (Forane[supreg] 516A).
---------------------------------------------------------------------------
Environmental information: HFC-32 and R-454B, as well as the other
refrigerants being listed in this end-use, have ODPs of zero.
HFC-32 has a GWP of 675. If the GWPs for the components of R-454B,
HFC-32 and HFO-1234yf (GWP of one), are weighted by mass percentage,
then the blend R-454B has a GWP of about 465.
Both of the components of R-454B, HFC-32 and HFO-1234yf, are
excluded from EPA's regulatory definition of VOC (see 40 CFR 51.100(s))
for the purpose of addressing the development of SIPs to attain and
maintain the NAAQS.
Under section 608(c)(2) of the CAA and EPA's regulations at 40 CFR
82.154(a)(1), it is unlawful for any person, in the course of
maintaining, servicing, repairing, or disposing of an appliance or IPR,
to knowingly vent or otherwise knowingly release or dispose of any
substitute substance for a class I or class II substance used as a
refrigerant in such appliance (or IPR) in a manner which permits such
substance to enter the environment. EPA has established certain limited
exemptions to this venting prohibition, as listed in 40 CFR
82.154(a)(1), but none of those exemptions apply to HFC-32 or R-454B.
Flammability information: HFC-32 and R-454B are both classified as
2L refrigerants under ASHRAE Standards reflecting that these compounds
are flammable but have lower burning velocity than compounds listed as
2 or 3 under the ASHRAE standard. EPA evaluated flammability risk by
evaluating reasonable worst-case and more typical, yet conservative,
scenarios to model the effects of releases of HFC-32 and R-454B,
respectively, in the listed end-uses. These refrigerants are
[[Page 50429]]
not expected to present a flammability concern provided the use
conditions are followed. The use conditions provide additional safety
measures and labeling requirements (e.g., visible warning statement and
red coloring on the pipes, hoses, and devices which contain
refrigerant) that make equipment owners, consumers, fire marshals, and
emergency first responders aware of the presence of a flammability
hazard.
Toxicity and exposure data: HFC-32 and R-454B have an ASHRAE
toxicity classification of A. Potential health effects of exposure to
these refrigerants include drowsiness or dizziness. The refrigerants
may also irritate the skin or eyes or cause frostbite. At sufficiently
high concentrations, the refrigerants may cause irregular heartbeat.
The refrigerants could cause asphyxiation if air is displaced by vapors
in a confined space. These potential health effects are common to many
refrigerants.
AIHA has established a WEEL of 1,000 ppm (8-hr TWA) for HFC-32 and
a WEEL of 500 ppm as an 8-hr TWA for HFO-1234yf, the components of R-
454B. The manufacturer of R-454B recommends an AEL for the workplace of
854 ppm on an 8-hr TWA for this blend, as does ASHRAE 34-2022. EPA
anticipates that users will be able to meet the AIHA WEELs and the
manufacturer's AEL and address potential health risks by following
requirements and recommendations in the manufacturers' SDS, the final
use conditions (including adherence to UL 60335-2-89 and ASHRAE
Standard 15), and other safety precautions common to the refrigeration
and AC industry.
Comparison to other substitutes in this end-use: HFC-32, HFO-
1234yf, and the refrigerant blends R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A all have an ODP of zero, comparable to or lower than
some of the acceptable substitutes in new commercial ice machines, such
as HFC-134a, R-410A, and R-513A, with ODPs of zero.
HFO-1234yf has a GWP of one, comparable to that of R-290 and
ammonia with GWPs of three and zero. R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A have GWPs ranging from 140 to 465, higher than some of
the acceptable substitutes for new commercial ice machines and lower
than those of other substitutes such as R-450A and R-513A, with GWPs of
about 600 and 630. HFC-32 has a GWP of 675, higher than some of the
acceptable substitutes including R-290, R-450A, and R-513A; however,
the GWP of HFC-32 is lower than those of R-410A and R-404A, with GWPs
of approximately 2,090 to 3,920, which are refrigerants that have
typically been employed in larger systems. Our evaluation is that the
characteristics of HFC-32, R-454A, and R-454B meet the technical needs
of larger commercial ice machines, providing larger charge sizes,
greater capacity and no glide, allowing for even formation of ice,
while lower-GWP alternatives do not. For instance, R-513A and R-450A
have lower capacity than HFC-32, and R-290 is restricted to smaller
charge sizes (see section II.D of this preamble for further
information). Remote appliances using A2L refrigerants, including
remote condensers, may be either self-contained or field erected and
may be factory or field charged.
Information regarding the toxicity of other available alternatives
is provided in the previous listing decisions for new commercial ice
machines (https://www.epa.gov/snap/substitutes-commercial-ice-machines). Toxicity risks of use, determined by the likelihood of
exceeding the exposure limit of HFC-32, HFO-1234yf, and the refrigerant
blends in these end-uses are evaluated in the risk screens referenced
previously. The toxicity risks of using HFC-32, HFO-1234yf, and the
refrigerant blends in new commercial ice machines are comparable to or
lower than toxicity risks of other available substitutes in the same
end-use. Toxicity risks of the listed refrigerants can be mitigated by
use consistent with UL 60335-2-89 and ASHRAE 15-2022-which are required
by our final use conditions-and other industry standards;
recommendations in the manufacturers' SDS; and other safety precautions
common in the refrigeration and AC industry.
The flammability risks of HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the new
commercial ice machine end-use, determined by the likelihood of
exceeding their respective LFLs, are evaluated in the risk screens
referenced previously in this section. While these refrigerants pose
greater flammability risk than other available, non-flammable
substitutes in the new commercial ice machines end-use, this risk can
be mitigated by use consistent with ASHRAE 15-2022 and UL 60335-2-89,
required as use conditions in this rule, as well as recommendations in
the manufacturers' SDS and other safety precautions common in the
refrigeration and AC industry. EPA is requiring use conditions to
reduce the potential risk associated with the flammability of these
alternatives so that they will not pose greater overall risk to human
health and the environment than other acceptable substitutes in the new
commercial ice machines end-use.
In addition, the listed refrigerants have lower GWPs than most
other available alternatives for new commercial ice machines. The
listing of these refrigerants provides additional lower-GWP options for
situations where other refrigerants with lower GWPs are not viable,
such as for use of HCs in systems with remote compressors or equipment
requiring larger charge sizes, where equipment using CO2 may
not be able to meet energy conservation standards from the DOE, or
where a refrigerant must have minimal glide to ensure consistent
freezing while manufacturing ice. Given the wide range of applications
and exacting performance requirements for commercial ice machines, not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in new commercial ice machines. To provide
additional options to ensure the availability of refrigerants with
lower GWPs for the full range of new commercial ice machines and,
therefore, lower overall risk to human health and the environment, EPA
is listing HFO-1234yf and the refrigerant blends R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
all types of new commercial ice machines. Further, EPA is listing HFC-
32, R-454A, and R-454B as acceptable, subject to use conditions, in
larger commercial ice machines: specifically, remote commercial ice
machines, self-contained batch-type commercial ice machines with a
harvest rate greater than 1,000 lb ice per 24 hours, and self-contained
continuous-type commercial ice machines with a harvest rate above 1,200
lb ice per 24 hours. EPA is not finalizing listings for those three
refrigerants for smaller self-contained commercial ice machines at this
time, as lower-GWP refrigerants, such as R-290, perform adequately.
Further, EPA notes that in the final Technology Transitions Rule under
the AIM Act, smaller self-contained commercial ice machines, namely,
batch-type self-contained units with a harvest rate at or below 1,000
lb ice per 24 hours and continuous-type self-contained units with a
harvest rate at or below 1,200 lb ice per 24 hours, are restricted to
using refrigerants with a GWP less than 150.
4. Why is EPA finalizing these specific use conditions?
The use conditions identified in these final listings are explained
in section II.H.1 of this preamble in greater detail.
[[Page 50430]]
5. What additional information is EPA including in these listings?
EPA is providing additional information related to these listings.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
substitute under the SNAP program. While the items listed are not
legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants. See section II.H.2 of this
preamble for further discussion on what additional information EPA is
including in these listings.
6. How is EPA responding to comments on commercial ice machines?
Comment: One commenter recommended that EPA restrict acceptable
substitutes in commercial ice machines to those below a 150 GWP limit.
The reason for this commenter's request was to align with GWP limits in
the proposed Technology Transition rulemaking, which, as proposed,
would set a January 1, 2025, compliance date limiting refrigerants over
a GWP of 150 for self-contained commercial ice machines with a charge
of 500 grams or less. They noted the proposed SNAP Rule 26's inclusion
of HFC-32, R-454A, and R-454B for use in commercial ice machines would
conflict with the proposed Technology Transitions Rule, which would
restrict the GWP of refrigerants below 150 in self-contained commercial
ice machines with a charge size less than 500 g. The commenter pointed
out that low-GWP refrigerants like carbon dioxide and R-717 would still
be available for use in this subsector. The commenter opposed the
addition of any refrigerants with a GWP of greater than 150, as
required under the proposed Technology Transitions Rule, including R-
454A in self-contained equipment.
Response: In this final rule, EPA is listing HFC-32, R-454A, and R-
454Bx as acceptable, subject to use conditions, for remote condensing
and larger self-contained commercial ice machines and is listing HFO-
1234yf, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to
use conditions, for all commercial ice machines. The Agency is aware
that commercial ice machine manufacturers have found it difficult to
design for the use of alternative refrigerants with a GWP less than 150
(like carbon dioxide and R-717) that have adequate performance
properties (e.g., sufficiently high pressure and volumetric capacity
and a lower boiling point) for use with larger equipment (i.e., with a
larger ice harvest rate) or with a remote condenser; thus, EPA is
listing three refrigerants as acceptable in this rule that have a GWP
of greater than 150 that equipment manufacturers have been testing for
use in commercial ice machines (i.e., HFC-32, R-454A, and R-454B).
These three refrigerants have GWPs of 237 for R-454A, 465 for R-454B,
and 675 for HFC-32, which are still lower than or comparable to
refrigerants such as R-450A or R-513A, with GWPs of approximately 600
and 630. Further, their GWPs are significantly lower than commonly used
HFC blends such as R-410A with a GWP of 2,090 and R-404A with a GWP of
3,920.
In response to comments related to the Technology Transitions Rule,
as noted previously in this preamble, EPA agrees that there may be
circumstances where there is little practical value in finalizing an
acceptable listing for an alternative where the Technology Transitions
Rule would restrict its use. However, that is not the situation here
for this listing for R-454A with a GWP of 237, R-454B with a GWP of
465, and HFC-32 with a GWP of 675, for use in remote condensing and
larger self-contained commercial ice machines. The Agency notes that
the final Technology Transitions Rule categorizes self-contained
commercial ice machines differently than in the proposed Technology
Transitions Rule. EPA restricted refrigerants to those with a GWP of
less than 150 for self-contained commercial ice machines with a harvest
rate less than or equal to 1,000 or 1,200 pounds of ice per 24 hours
(depending on whether the equipment was batch-type or continuous-type).
Self-contained commercial ice machines with greater harvest rates are
restricted from using certain higher-GWP HFC blends under that rule,
but the refrigerants being listed in this final SNAP rule are not
otherwise prohibited under the final Technology Transitions Rule. EPA
did not propose, and is not finalizing in this action, a use condition
restricting the use of those refrigerants that have a GWP of 150 or
greater (i.e., HFC-32, R-454A, and R-454B). While EPA is not finalizing
such a restriction in this action, in the future, EPA may consider
further whether such a restriction would be appropriate under SNAP. EPA
additionally notes, however, those refrigerants are still prohibited
under the final Technology Transition rule for self-contained
commercial ice machines with harvest rates less than or equal to 1,000
or 1,200 pounds per day.
D. Commercial Ice Machines--Revision of the Use Conditions in the
Previous Listing of R-290 as Acceptable, Subject to Use Conditions, for
Use in New Self-Contained Commercial Ice Machines
EPA is revising use conditions in the existing listing of R-290 as
acceptable, subject to use conditions, for use in new elf-contained
commercial ice machines established in SNAP Rule 21 (81 FR 86779,
December 1, 2016). In this final rule, we are updating those use
conditions to be consistent with the most recent U.S. national industry
safety standard for commercial refrigeration equipment, including self-
contained commercial ice machines, UL 60335-2-89. Among other things,
these revisions will allow safe use of larger charge sizes of R-290
than under the previous use condition requiring an earlier standard, UL
563, which will allow for broader use of R-290 as an alternative in
this end-use. Similar use conditions apply to other refrigerants with
lower flammability in this SNAP action in section II.C of this
preamble. The final use conditions are allowed for such equipment
manufactured on or after the effective date of this final rule and do
not apply to nor affect equipment manufactured before that effective
date.
This revision to the use conditions incorporates by reference a
newer industry standard, changing the reference from Supplement SA to
the 8th edition, dated July 31, 2009, of UL 563, ``Ice Makers'' to UL
60335-2-89. EPA is providing a transition period during which self-
contained commercial ice machines manufactured with R-290 may follow
either UL 563 or UL 60335-2-89. After the transition period ends, new
self-contained commercial ice machines manufactured with R-290 must
follow UL 60335-2-89 for purposes of the SNAP program, except as noted
below for models that remain essentially unchanged from their earlier
UL certification to UL 563.
Several use conditions finalized for this end-use are similar to
those finalized for other end-uses. Because of this similarity, EPA
discusses the use conditions that apply to all five end-uses in section
II.H of this preamble. In summary, the common use conditions are:
restricting the use of the refrigerant to new equipment that is
specifically designed and clearly marked for that refrigerant; use
consistent with ASHRAE 15-2022 and with UL 60335-2-89 including
testing, charge sizes, ventilation, usage space requirements, and
certain hazard warnings and markings; and requirements for warning
labels and markings on equipment to
[[Page 50431]]
inform consumers, technicians, and first responders of potential
flammability hazards. The regulatory text of the use conditions appears
in tables at the end of this document.
In this final action, EPA is revising the existing listing for R-
290 in new self-contained commercial ice machines in appendix V to 40
CFR part 82, subpart G. The revised regulatory text contains listing
decisions for new self-contained commercial ice machines in appendix V.
EPA is also republishing certain other previous listings for purposes
of formatting for the Federal Register; EPA is not finalizing
substantive changes to those earlier decisions (e.g., listings for R-
290 in new water coolers and in new very low temperature refrigeration
equipment).
1. Background on Commercial Ice Machines
See section II.C.1 of this preamble for background on this end-use.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group.
See section II.A.2 of this preamble for further discussion on ASHRAE
classifications.
3. What is R-290 and where is there information on its use in this end-
use?
See section II.B.3 of this preamble for further discussion on the
identity, environmental, flammability, toxicity, and exposure
information for R-290.
Redacted submissions and supporting documentation for R-290 are
provided in the docket for this final rule (EPA-HQ-OAR-2023-0043) at
https://www.regulations.gov. EPA performed a risk screening assessment
to examine the health and environmental risks of this refrigerant in
self-contained commercial ice machines. The risk screen is available in
the docket for this final rule.\51\
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\51\ ICF, 2023q. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: (R-290).
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4. What existing use conditions apply to this refrigerant in this end-
use?
EPA previously listed R-290 acceptable, subject to use conditions,
in new self-contained commercial ice machines in SNAP Rule 21 (81 FR
86779, December 1, 2016). Those requirements are codified in appendix V
to 40 CFR part 82, subpart G. EPA provided information on the
environmental and health risks of R-290 and the various substitutes
available at that time for use in this end-use. Additionally, EPA's
previous risk screen for this refrigerant, based on the use conditions
in that rule, is available in the docket for that previous rulemaking
(EPA-HQ-OAR-2015-0663).
R-290 has an ASHRAE classification of A3, indicating that it has
low toxicity and higher flammability. In the presence of an ignition
source (e.g., static electricity, a spark resulting from a closing
door, or a cigarette), an explosion or a fire could occur if the
concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1
percent) by volume.
The use conditions established in the 2016 listing for R-290 in new
self-contained commercial ice machines addressed safe use of this
flammable refrigerant and included the following: incorporation by
reference of Supplement SA to the 8th edition (July 31, 2009, including
revisions through November 29, 2013) of UL 563, ``Ice Makers;''
refrigerant charge size limits based on cooling capacity and type of
equipment; and requirements for markings and warning labels on
equipment using the refrigerant to inform consumers, technicians, and
first responders of potential flammability hazards. Our assessment and
listing decisions in SNAP Rule 21 (81 FR 86779, December 1, 2016) found
that with the use conditions, the overall risk of this refrigerant,
including the risk due to flammability, was not greater in this end-use
than other substitutes that are currently or potentially available for
that same end-use.
5. What updates to existing use conditions for commercial ice machines
is EPA finalizing?
EPA is finalizing the proposed use conditions that apply to R-290
in new self-contained commercial ice machines manufactured on or after
the effective date of this final rule. Several of the updated use
conditions finalized for use of R-290 in self-contained commercial ice
machines are common to those finalized for the stand-alone units end-
use in section II.B of this preamble. Other use conditions are common
to all refrigerants and all five end-uses in this final rule. Because
of this similarity, EPA discusses the use conditions that apply to all
five end-uses in section II.H of this preamble. For R-290 in self-
contained commercial ice machines, these are the only revised use
conditions EPA is finalizing. In summary, the common use conditions for
all five end-uses are: restricting the use of the refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings; and requirements for warning labels and markings on equipment
to inform consumers, technicians, and first responders of potential
flammability hazards.
EPA is finalizing the use conditions in this action, which apply to
new self-contained commercial ice machines manufactured on or after the
effective date of this final rule. This final rule does not apply to
nor affect equipment manufactured before that effective date. The final
regulatory text presents these different requirements as numbered
listings in separate table rows, where the end-use and the effective
time period during which the equipment is manufactured are in the left-
most column, with the heading ``End-use''; the specific requirements
are listed as use conditions in the fourth column, with the heading
``Use Conditions.'' Under SNAP, EPA views equipment to be manufactured
at the date upon which the appliance's refrigerant circuit is complete,
the appliance can function, the appliance holds a full refrigerant
charge, and the appliance is ready for use for its intended purposes.
For new self-contained commercial ice machines, this occurs at the
factory. New self-contained commercial ice machines manufactured using
R-290 between January 3, 2017, and the effective date of this final
rule are required to meet the use conditions in SNAP Rule 21 (which
took effect January 3, 2017) and as listed in appendix V to 40 CFR part
82, subpart G (in listing 1), including the use condition incorporating
by reference Supplement SA to the 8th edition of UL 563. Such products
are permitted to be warehoused and sold through normal channels, even
if they are sold after the effective date of this final rule. Self-
contained ice machines using R-290 manufactured on or after the
effective date of this final rule are required to meet the use
conditions finalized and listed in the revisions to appendix V. Those
use conditions allow manufacturers of new self-contained commercial ice
machines using R-290 to follow either UL 563 or UL 60335-2-89,
dependent upon which standard the equipment was manufactured, from the
effective date of this final rule and will last through September 29,
2024, which is the date when UL is sunsetting UL 563. On and after
September 30, 2024, new self-contained commercial ice machines using R-
290 for any new equipment designs or models must meet
[[Page 50432]]
UL 60335-2-89; for an unchanged model or design that was already listed
by UL--that is, already certified to meet the requirements of UL 563--
it could continue to meet those requirements.
EPA is finalizing use conditions allowing all new self-contained
commercial ice machines using R-290 to be manufactured consistent with
Supplement SA of UL 563, up to and including September 29, 2024.
Therefore, during the time between the effective date of this final
rule and September 29, 2024, manufacturers may follow either UL 563,
8th edition or UL 60335-2-89, 2nd edition, depending on which standard
the equipment was designed to. This transition date was in this rule's
proposal in order to align with the industry standard sunsetting date
for UL 563. It is EPA's understanding that since proposal, UL has
discussed updating its effective date when UL 60335-2-89 replaces UL
563 to reflect a later continuing certification date. EPA is allowing
manufacturers to adhere to either standard for this limited time
because the Agency recognizes that manufacturers may need time to make
necessary changes including to their product labels. The period during
which manufacturers may follow either standard should provide
sufficient time for manufacturers to transition from UL 563 to UL
60335-2-89 while designing and testing new models and designs.
Beginning September 30, 2024, for the purposes of the SNAP program,
newly manufactured self-contained commercial ice machines of new models
and designs using R-290 must meet the requirements of UL 60335-2-89.
Newly manufactured self-contained commercial ice machines of existing
models and designs that are certified (e.g., UL-listed) using R-290
that remain unchanged other than cosmetic changes (e.g., color changes)
and that meet Supplement SA of UL 563 prior to September 30, 2024, may
continue to meet those requirements after that date. In addition, EPA
is requiring manufacturers to follow the set of use conditions that
correspond with a specific UL standard (e.g., EPA included text in the
revisions to appendix V stating that when an entity is using UL 563, it
is to follow all use conditions in listing 1 and when using UL 60335-2-
89, it is to follow all use conditions in listing 3 in the final
revisions to appendix V). See section II.H.1of this preamble for
further discussion on the requirements of UL 60335-2-89, 2nd edition,
which EPA is incorporating by reference.
EPA also notes that we are continuing to apply without revision two
existing use conditions, nor did we take comment on those two existing
use conditions. The use conditions that restrict the use of R-290 to
new equipment specifically designed for this refrigerant, and that
require red-colored markings at service ports, pipes, hoses, and other
devices through which the refrigerant is serviced, are existing use
conditions for R-290 in new self-contained commercial ice machines.
6. How do the new use conditions for commercial ice machines differ
from the existing ones and why is EPA changing the use conditions?
The revised use conditions EPA is finalizing for self-contained
commercial ice machines are similar to the ones that exist today in
appendix V to 40 CFR part 82, subpart G, for R-290 in this end-use. The
existing requirements that R-290 must be used in new equipment only and
that new self-contained commercial ice machines must include red
markings at service ports, pipes, hoses, and other devices through
which the refrigerant is serviced, are repeated in this final listing.
The revised use conditions concern incorporating by reference the most
recent U.S. industry standard for commercial ice machines and labeling
requirements consistent with that new standard. Self-contained
commercial ice machines using R-290 manufactured before the effective
date of this final rule are not affected by the revised use conditions.
Warning labels are required under EPA's existing regulations, and
EPA is continuing to require them, although with some specific language
changes. The finalized warning labels are identical to those previously
required as use conditions for the use of R-290 in self-contained
commercial ice machines. Using a common set of labels, like those in UL
60335-2-89, aids in compliance and could reduce burden for the
industry, especially for a manufacturer that uses more than one
refrigerant. EPA is finalizing that the labels must be provided in
letters no less than 6.4 millimeter (\1/4\ inch) high and must be
permanent, which is identical to the existing requirement for R-290 in
self-contained commercial ice machines.
EPA is incorporating by reference a newer industry standard in the
use conditions, including use of UL 60335-2-89, 2nd edition, instead of
continuing to require the standard Supplement SA of the 8th edition of
UL 563 for equipment manufactured on or after the effective date of
this final rule. UL 60335-2-89 was developed in an open and consensus-
based approach, with the assistance of experts in the refrigeration and
AC industry as well as experts involved in assessing the safety of
products. The revision cycle for the 2nd edition, including final
recirculation, concluded with its publication on October 27, 2021. The
2021 standard UL 60335-2-89 replaces the previously published version
of several standards, including UL 563, which had already been revised
into an 8th edition by that time. EPA is aware of the continuing
progress of UL standards to address flammable refrigerants. Today, we
are finalizing such a change knowing that UL is replacing the standard
to which such equipment is UL-listed from UL 563 to the newer UL 60335-
2-89 as of September 30, 2024.
To allow time for manufacturers of self-contained commercial ice
machines to transition between the existing use condition using the 8th
edition of UL 563 and the new use condition using UL 60335-2-89, EPA is
allowing R-290 to be used in self-contained commercial ice machines
manufactured either following UL 563 or UL 60335-2-89 during a
transition period. That transition period begins on the effective date
of this final rule and lasts through September 29, 2024. It is EPA's
understanding that UL intends to sunset UL 563 on September 29, 2024,
and EPA is coordinating with that sunset date. Further, based on public
comments, EPA understands that UL allows newly manufactured equipment
that remains unchanged from its previous UL-listed (certified) design
or model to continue to follow an earlier standard such as UL 563
because the manufacturer has made no changes. EPA is adopting a similar
approach, as well, in this final rule. Beginning September 30, 2024,
the use condition allows R-290 to be used in new self-contained
commercial ice machines that follow UL 60335-2-89 or in newly
manufactured stand-alone units that are unchanged from the model or
design previously UL-listed as meeting UL 563, 8th edition. In
addition, manufacturers must follow the set of use conditions that
correspond with a specific UL standard (i.e., when using UL 563, follow
all use conditions in listing 1 and when using UL 60335-2-89, follow
all use conditions in listing 3 in the final revisions to appendix V of
part 82, subpart G).
Another revision to the use conditions is the limit on charge
sizes. The existing use conditions from SNAP Rule 21 require charge
sizes to be calculated consistent with UL 563, with a maximum charge
size of 150 g allowed. The final revised use conditions for equipment
manufactured on or after the effective date of this final rule allow
charge sizes calculated based on UL 60335-2-89, which allows charge
sizes
[[Page 50433]]
of R-290 up to approximately 500 g for open equipment, 300 g for
equipment with doors or drawers, or 115 g for equipment near a pathway
for egress. These changes allow the use of R-290 in larger equipment
than previously and provide more options for industry, while
maintaining environmental health and human safety.
Because of the differences between UL 563 and UL 60335-2-89, EPA
performed a new risk screen for R-290 as a refrigerant in self-
contained commercial ice machines.\52\ In this risk screen, EPA
adjusted charge sizes to be consistent with the larger charge sizes
allowed for R-290 under UL 60335-2-89. The risk screen also considered
the impact of mitigation methods such as valves that would restrict the
amount of refrigerant that could be released. The updated risk screen
found that concentrations of R-290 still would not exceed the LFL when
used according to the new use condition with releasable charges and
larger charge limits and consistent with UL 60335-2-89, and thus the
new use conditions also address flammability risks of using R-290.\53\
In addition, the risk screen modeled the reasonable worst-case scenario
of short-term exposure (15-minute TWA) due to a catastrophic release of
the charge. Under this highly conservative scenario, the worst-case
exposure was still significantly lower than the ATEL of 50,000 ppm.\54\
For further information, see the risk screen \55\ for R-290 in self-
contained commercial ice machines in the docket for this rulemaking.
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\52\ ICF, 2024q. Op. cit.
\53\ Ibid.
\54\ Ibid.
\55\ Ibid.
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7. What additional information is EPA including in this listing?
EPA is providing additional information related to this final
listing. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. While the items listed
are not legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants. See section II.H.2 of this
preamble for further discussion on what additional information EPA is
including in these listings. EPA notes that the additional information
is similar to, but not identical with, the additional information in
the listing for R-290 in self-contained commercial ice machines in SNAP
Rule 21. EPA is finalizing additional information to that included in
the listings for R-290 in self-contained commercial ice machines in
SNAP Rule 21.
8. How is EPA responding to comments on listing R-290 and updating the
use conditions for R-290 in self-contained commercial ice machines?
Comment: One commenter expressed that EPA should not allow for the
use of R-290 in commercial ice machines with remote compressors that
are not self-contained due to flammability concerns. Specifically, the
commenter stated that the use of R-290 is restricted in UL 60335-2-89
to self-contained equipment to lessen the risks associated with higher
flammability refrigerants.
Response: EPA agrees with the commenter that R-290 should not be
allowed in commercial ice machines with remote compressors that are not
self-contained due to flammability concerns. The 2nd edition of UL
60335-2-89 limits the use of R-290 to self-contained commercial ice
machines, and that standard does not allow for use the use of R-290 in
commercial ice machines with remote compressors. EPA is finalizing use
conditions for R-290 in this final rule that are consistent with using
R-290 only in self-contained commercial ice machines and is not listing
R-290 as acceptable in commercial ice machines with remote compressors.
Comment: Two commenters suggested clarifications surrounding
manufacturers' use of R-290 in self-contained products (150 grams or
less). They noted that UL will allow manufacturers to continue under UL
563 requirements until a significant product change is made or the
manufacturer withdraws their file. The commenters stated that only at
that time will R-290 equipment become subject to 60335-2-89. They asked
for EPA to clarify this in the final rule.
Response: EPA addressed a similar comment with respect to
refrigerated food processing and dispensing equipment end-uses in
section II.B.10 of this preamble. Those reasons are also applicable to
this end-use and for the same reasons, EPA is finalizing an end-use
description and use conditions for R-290 in this final rule that are
consistent with using R-290 only in self-contained commercial ice
machines and not in commercial ice machines with remote compressors.
E. Industrial Process Refrigeration--Listing of HFC-32, HFO-1234yf,
HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
Acceptable, Subject to Use Conditions, for Use in New Industrial
Process Refrigeration
This final rule lists HFC-32, HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A
as acceptable, subject to use conditions, for use in new IPR equipment.
HFO-1234yf, HFO-1234ze(E), and the refrigerant blends R-454C, R-455A,
R-457A, and R-516A are being listed for all IPR equipment including
both chillers and non-chiller--e.g., direct expansion (DX)--IPR
equipment. The listings for refrigerants HFC-32, R-454A, and R-454B are
being finalized in this rule only for chillers for IPR and for DX IPR
equipment where the temperature of the refrigerant entering the
evaporator is less than or equal to -30 [deg]C and for R-454A, also may
be used in DX IPR equipment with a refrigerant charge capacity less
than 200 pounds or in the high-temperature side of a cascade system
with the refrigerant temperature entering the evaporator higher than -
30 [deg]C. EPA is not finalizing listings for those three refrigerants
for other IPR uses at this time. EPA is modifying the proposed use
conditions for R-454A, R-454B, and HFC-32 to also allow these
substitutes in direct expansion IPR equipment with refrigerant entering
the evaporator at temperatures less than or equal to -30 [deg]C, based
on public comment regarding the limited availability of substitutes for
this particular temperature range and based upon our comparative risk
analysis concluding that these substitutes for these specific uses and
use conditions are not expected to pose greater risk to overall health
or the environment. EPA is not reaching a final decision in this rule
on these refrigerants for other IPR uses for HFC-32 and R-454B (i.e.,
for DX IPR equipment with the refrigerant temperature entering the
evaporator higher than -30 [deg]C).
Most of the use conditions finalized for the A2L refrigerants when
used in IPR are the same as those finalized for other end-uses. Because
of this similarity, EPA discusses the use conditions that apply to all
five end-uses in section II.H of this preamble. In summary, the common
use conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and
[[Page 50434]]
with UL 60335-2-89 (with certain exceptions), including testing, charge
sizes, ventilation, usage space requirements, and certain hazard
warnings and markings; and requirements for warning labels and markings
on equipment to inform consumers, technicians, and first responders of
potential flammability hazards.
In addition to the common use conditions discussed in section II.H
of this preamble, the following use condition also applies to HFC-32
and R-454B in IPR: these refrigerants may only be used in IPR: (1) For
chillers or (2) for equipment that is not a chiller withe the
refrigerant temperature entering the evaporator is less than or equal
to -30 [deg]C.
The following use condition also applies for R-454A in IPR: this
substitute may only be used in IPR (1) for chillers, (2) equipment with
the refrigerant temperature entering the evaporator less than or equal
to -30 [deg]C, (3) equipment with a refrigerant charge capacity less
than 200 pounds and with the refrigerant temperature entering the
evaporator higher than -30 [deg]C (-22 [deg]F), and (4) in the high-
temperature side of a cascade system with the refrigerant temperature
entering the evaporator higher than -30 [deg]C.
The regulatory text of the final decisions appears in tables at the
end of this document and is being codified in appendix Y to 40 CFR part
82, subpart G. The final regulatory text contains listing decisions for
the end-use discussed in this section. EPA notes that there may be
other legal obligations pertaining to the manufacture, use, handling,
and disposal of these refrigerants that are not included in the
information listed in the tables (e.g., the CAA section 608(c)(2)
venting prohibition or DOT requirements for transport of flammable
gases). Flammable refrigerants being recovered or otherwise disposed of
from IPR equipment are likely to be hazardous waste under RCRA (see 40
CFR parts 260 through 270).
1. Background on Industrial Process Refrigeration
IPR systems cool process streams in industrial applications, for
example, machining of metal products, fermentation of beer, or
operation of hydraulic circuits. The choice of refrigerant for specific
applications depends on ambient and required operating temperatures and
pressures. It is EPA's understanding that this type of equipment may
fall under the scope of ASHRAE 15-2022. This type of equipment also
typically falls under the scope of UL 60335-2-89, ``Requirements for
Commercial Refrigerating Appliances and Ice-Makers with an Incorporated
or Remote Refrigerant Unit or Motor-Compressor'' if it is not used in
an industrial occupancy \56\ and that it always falls under ASHRAE 15.
In contrast, industrial process air conditioning primarily cools
people, although it may also cool processes, and follows a different UL
standard (UL 60335-2-40). When chillers are used primarily to cool
process streams, rather than for comfort cooling, SNAP describes this
application as ``chillers in IPR.''
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\56\ ASHRAE 15-2022 defines industrial occupancy as, ``a premise
or that portion of a premise that is not open to the public, where
access by authorized persons is controlled, and that is used to
manufacture, process, or store goods such as chemicals, food, ice,
meat, or petroleum.''
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2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants listed for IPR in this
section as being in the A2L Safety Group. See section II.A.2 of this
preamble for further discussion on ASHRAE classifications.
3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C,
R-455A, R-457A, and R-516A and how do they compare to other
refrigerants in the same end-use?
See sections II.A.3 and II.C.3 of this preamble for further
discussion on the environmental, flammability, toxicity, and exposure
information for these refrigerants.
The redacted submission and supporting documentation for HFC-32,
HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and
R-516A is provided in the docket for this rule (EPA-HQ-OAR-2023-0043)
at https://www.regulations.gov. EPA performed risk screening
assessments to examine the health and environmental risks of these
refrigerants. These risk screens are available in the docket for this
rule.57 58 59 60 61 62 63 64 65
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\57\ ICF, 2023r. Risk Screen on Substitutes in Industrial
Process Refrigeration (New Equipment); Substitute: HFC-32
(Difluoromethane).
\58\ ICF, 2023s. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: HFO-1234yf.
\59\ ICF, 2023t. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg]
ze, Solstice[supreg] 1234ze).
\60\ ICF, 2023u. Risk Screen on Substitutes in Industrial
Process Refrigeration and Cold Storage Warehouses (New Equipment);
Substitute: R-454A (Opteon[supreg] XL40).
\61\ ICF, 2023v. Risk Screen on Substitutes in Industrial
Process Refrigeration (New Equipment); Substitute: R-454B
(Opteon[supreg] XL41).
\62\ ICF, 2023w. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-454C (OpteonTM
XL20).
\63\ ICF, 2023x. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
\64\ ICF, 2023y. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-457A.
\65\ ICF, 2023z. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-516A.
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Comparison to other substitutes in this end-use: HFC-32, HFO-
1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-
516A all have an ODP of zero, comparable to or lower than some of the
acceptable substitutes in new IPR equipment, such as HFC-134a, R-410A,
and R-513A with ODPs of zero and hydrochlorofluoroolefin (HCFO)-
1233zd(E) with an ODP less than 0.0004.\66\
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\66\ WMO, 2022.
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HFO-1234yf and HFO-1234ze(E) both have a GWP of one, comparable to
that of R-290 and ammonia with GWPs of three and zero. R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 470,
higher than some of the acceptable substitutes for new IPR equipment,
including R-290 and ammonia, and lower than those of other substitutes
such as R-450A and R-513A with GWPs of about 600 and 630. HFC-32, which
EPA is restricting to use in chillers for IPR or in IPR equipment with
the refrigerant temperature entering the evaporator is less than or
equal to -30 [deg]C, has a GWP of 675, which is higher than some of the
acceptable substitutes including R-290, R-450A, and R-513A; however,
the GWP of HFC-32 is lower than those of R-410A and R-404A, with GWPs
of approximately 2,090 to 3,920, which are refrigerants that have
typically been employed in chillers for IPR, but as of January 1, 2026
or January 1, 2028, depending on the temperature range, will be subject
to restrictions in new IPR systems under the Technology Transitions
Rule. In light of that upcoming restriction, EPA is listing HFC-32 and
R-454B to provide additional lower-GWP, low-temperature refrigerants in
these end-uses. This upcoming restriction, and the corresponding value
of providing additional lower-GWP, low temperature refrigerants in
these end-uses, are additional considerations that informed EPA's
decision on this listing.
Information regarding the toxicity of other available alternatives
is provided
[[Page 50435]]
in the previous listing decisions for new IPR equipment (https://www.epa.gov/snap/substitutes-industrial-process-refrigeration).
Toxicity risks of use, determined by the likelihood of exceeding the
exposure limits of HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A in this end-use, are evaluated in
the risk screens referenced previously. The toxicity risks of using
HFO-1234yf and the refrigerant blends in IPR, and of using all nine
refrigerants in chillers for IPR, are comparable to or lower than
toxicity risks of other available substitutes in the same end-use.
Toxicity risks of these refrigerants can be mitigated by use consistent
with ASHRAE 15-2022 and other industry standards, recommendations in
the manufacturers' SDS, and other safety precautions common in the
refrigeration and AC industry.
The flammability risks with HFC-32, HFO-1234yf, HFO-1234ze(E), R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the IPR end-use,
determined by the likelihood of exceeding their respective LFLs, are
evaluated in the risk screens referenced in this section. While these
refrigerants may pose greater flammability risk than available
substitutes in the new IPR end-use that are non-flammable, this risk
can be mitigated by use consistent with ASHRAE 15-2022 and, if
applicable, UL 60335-2-89, as required by our use conditions, as well
as recommendations in the manufacturers' SDS and other safety
precautions common in the refrigeration and AC industry. We also note
that other acceptable refrigerants in the IPR end-use have higher
flammability and are classified in the A3 Safety Group, such as R-290,
butane (R-600), and propylene (R-1270). EPA is finalizing use
conditions to reduce the potential risk associated with the
flammability of the alternatives so that they will not pose greater
overall risk to human health and the environment than other acceptable
substitutes for new equipment in the IPR end-use.
In addition, the listed substitutes have lower GWPs than most other
available alternatives for the same uses. The listed refrigerants may
provide additional lower-GWP options for situations where other
refrigerants with lower GWPs are not viable, such as situations where
sparks or flame might occur such that HCs are not suitable for use, or
for systems with remote compressors or equipment requiring larger
charge sizes, where refrigerant leaks are more likely to create greater
flammability risk. Given the wide range of applications for IPR, not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in the IPR end-use. To provide additional
options to ensure the availability of refrigerants with lower GWPs for
the full range of IPR equipment and, therefore, lower overall risk to
human health and the environment, EPA is listing HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to
use conditions, for use in IPR.
EPA is also listing the refrigerants HFC-32 and R-454B with a use
condition restricting their use to chillers in IPR or in IPR equipment
with the refrigerant temperature entering the evaporator is less than
or equal to -30 [deg]C. These refrigerants have higher GWPs than the
other refrigerants EPA is listing as acceptable, subject to use
conditions, but lower GWPs than many refrigerants typically used today
in chillers for IPR, such as R-410A and R-404A, with GWPs of 2,090 and
3,290 respectively (but will be restricted as soon as January 1, 2026).
These refrigerants also have lower flammability than HC refrigerants
currently listed as acceptable in IPR. In light of upcoming
restrictions under the Technology Transitions Rule, EPA is listing
additional substitutes for use in these end-uses. The Agency expects
that these refrigerants may provide additional, lower-GWP options for
chillers for IPR, where greater volumetric capacity and higher
operating pressures may be required to operate properly than for other
types of IPR equipment (e.g., direct expansion systems), to address
applications where other substitutes with lower GWPs may not be
technically feasible, safe to human health, or environmentally
suitable. In addition, these refrigerants may provide additional,
lower-GWP options for IPR equipment where the temperature of the
refrigerant needs to attain temperatures less than or equal to -30
[deg]C; fewer refrigerants have boiling points low enough to achieve
these lower temperatures, and thus, EPA is also finalizing listings for
HFC-32 and for R-454B, with boiling points of -51.9 [deg]C and -51
[deg]C, respectively, to provide additional options.
EPA is also listing the refrigerant R-454A with a use condition
that this substitute may only be used either in chillers for IPR, in
equipment with a refrigerant charge capacity less than 200 pounds, in
the high-temperature side of a cascade system, or in IPR equipment with
the refrigerant entering the evaporator is less than or equal to -30
[deg]C. This refrigerant may provide additional, lower-GWP options for
chillers for IPR, where greater volumetric capacity and higher
operating pressures may be required to operate properly than for other
types of IPR equipment. R-454A may also address the additional
challenges for finding lower-GWP refrigerants with higher capacity for
non-chiller IPR equipment with moderate charge sizes and for cascade
systems; hence, EPA is listing R-454A as acceptable, subject to use
conditions, for use in new non-chiller IPR equipment with a charge size
capacity less than 200 pounds or for use in the high-temperature side
of a cascade system. In addition, these refrigerants may provide
additional, lower-GWP options for IPR equipment where the temperature
of the refrigerant needs to attain temperatures less than or equal to -
30 [deg]C; fewer refrigerants have boiling points low enough to achieve
these lower temperatures, and thus, EPA is also finalizing a listing
for R-454A in IPR equipment with the refrigerant temperature entering
the evaporator is less than or equal to -30 [deg]C (with a boiling
point of -48 [deg]C) to provide additional options.
4. Why is EPA finalizing these specific use conditions?
The final use conditions identified in the listings for all nine
refrigerants are explained in the proceeding paragraphs and in section
II.H.1 of this preamble.
EPA is finalizing the use conditions for HFC-32 and R-454B
restricting their use to chillers for IPR or in IPR equipment with the
refrigerant temperature entering the evaporator is less than or equal
to -30 [deg]C because these refrigerants have higher GWPs than many of
the available substitutes in IPR (e.g., HCs, HFOs); however, because
chillers may require greater volumetric capacity than other types of
IPR equipment (e.g., DX systems), and because some IPR applications
require temperatures below -30 [deg]C, EPA is listing these two
additional refrigerants to provide additional lower-GWP options that
pose lower overall risk to human health and the environment than other
available substances and to address a broader range of equipment and
applications. EPA also is finalizing a use condition for R-454A that
allows its use in chillers for IPR or in IPR equipment with the
refrigerant temperature entering the evaporator is less than or equal
to -30 [deg]C, as well as other certain other applications, as
described in this section. In addition, EPA is listing HFC-32, R-454A,
and R-454B as acceptable, subject to use conditions, for chillers
because of technical limitations, such as volumetric capacity,
operating pressure, and temperature range, which restrict the technical
viability of some other safe and environmentally suitable
[[Page 50436]]
alternatives for some applications. The Agency previously listed these
three refrigerants as acceptable, subject to use conditions, in
centrifugal and positive displacement chillers for comfort cooling in
SNAP Rule 25 because of the same technical concerns and with the same
use conditions as EPA is finalizing here. In addition, these use
conditions are consistent with restrictions on refrigerants that
contain HFCs under the final Technology Transitions Rule, allowing for
greater consistency and reducing potential confusion for the regulated
community.
EPA is finalizing the use condition for R-454A, restricting its use
to chillers for IPR, equipment with a refrigerant charge capacity less
than 200 pounds, the high-temperature side of a cascade system, or IPR
equipment with the refrigerant temperature entering the evaporator is
less than or equal to -30 [deg]C. EPA is listing R-454A for use in
chillers for IPR and in IPR equipment with the refrigerant temperature
entering the evaporator is less than or equal to -30 [deg]C for the
same reasons as for HFC-32 and R-454B. The Agency is also finalizing
this use condition to allow use of R-454A less broadly than for the
refrigerants HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A because its GWP is higher than those other listed refrigerants for
non-chiller IPR equipment (R-454A has a GWP of about 237, compared to
one to 150).
EPA's understanding is that, in addition to the technical
constraints for refrigerant in chillers for IPR, there are two more
situations where use of refrigerants is likely to be more constrained,
and thus, additional refrigerant options that reduce overall risk to
human health and the environment may be helpful. The first of those
situations is where ASHRAE 15-2022 identifies a refrigerating system as
having a ``high probability'' that leaked refrigerant from a failed
connection, seal, or component could enter an occupied area. UL 60335-
2-89 effectively sets charge limits for A2L refrigerants to 260 times
the LFL for applications inside an occupied space where people might be
located. This amount is approximately 200 pounds, depending on the LFL
of the particular refrigerant. In contrast, larger charge sizes in
equipment meeting the requirements of ASHRAE 15 could be used in ``low-
probability'' locations where the general public is unlikely to come in
contact with the refrigerant, such as systems used in industrial
occupancies, outdoors, or in a machinery room with access restricted to
facility employees. Where the general public is unlikely to come into
contact with any leaked refrigerant, there would be fewer space
constraints and greater flexibility in equipment design, so
refrigeration system designers can accommodate a narrower set of
refrigerants. Conversely, where people are more likely to come into
contact with any leaked refrigerant in an interior space, which are not
industrial occupancies, refrigerant charge capacities of a system would
be less than 200 pounds. In addition, in such public spaces there would
be more space constraints, less flexibility in equipment design, and
potentially stricter code requirements. EPA recognizes that these may
be situations where R-454A can be used where those other refrigerants
cannot, especially where space is constrained. Therefore, R-454A fills
a gap in the stated end-uses where lower-GWP refrigerant alternatives
are not as available, and R-454A's GWP of approximately 237 and similar
toxicity and flammability profiles would pose lower overall risk to
human health and the environment than other available refrigerants.
Therefore, EPA is listing R-454A as acceptable, subject to use
conditions, for non-chiller IPR equipment with a refrigerant charge
capacity less than 200 pounds (and with the refrigerant temperature
entering the evaporator higher than -30 [deg]C).
The second situation where use of refrigerants is likely to be more
constrained, and therefore where EPA is listing R-454A, is for use in
the high-temperature side of cascade systems used for non-chiller IPR
equipment (and with the refrigerant temperature entering the evaporator
higher than -30 [deg]C). As discussed in section II.A.1 of this
preamble, ``Background on retail food refrigeration,'' each side of a
cascade system uses a different refrigerant that is most suitable for
the given temperature range. Higher temperature systems, or the ``high-
temperature side,'' have typically used HFCs as a refrigerant; however,
it is technologically achievable and has become more common to use
ammonia in the high-temperature side. For lower temperature systems, or
the ``low temperature side'' of the cascade system, refrigerants with
low boiling points such as R-744 can be used. Considerations for the
choice of refrigerant on the high or low temperature side of cascade
systems are influenced by many factors including, but not limited to, a
refrigerant's toxicity and flammability, its temperature glide, and its
suitability to lower temperature applications. There are a number of
substitutes available for the low temperature side of a cascade system
with GWPs lower than that of R-454A. However, using flammable or toxic
refrigerants, such as ammonia, on the high-temperature side of a
cascade system may be limited in certain circumstances (e.g., based on
building codes and/or industry safety standards). Therefore, EPA is
listing R-454A as acceptable, subject to use conditions, when it is
used in the high-temperature side of cascade systems (and with the
refrigerant temperature entering the evaporator higher than -30
[deg]C). This action expands the lower-GWP refrigerant options that
reduce overall risks to human health and the environment and that can
comply with local building codes and industry safety standards while
meeting the more challenging application of the high-temperature side
of a cascade system.
5. What additional information is EPA including in these listings?
EPA is providing additional information related to these listings.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
substitute under the SNAP program. However, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants. See section II.H.2 of this
preamble for further discussion on what additional information EPA is
including in these listings.
6. How is EPA responding to comments on industrial process
refrigeration?
Comment: Three commenters addressed the use of R-454B and HFC-32 in
the IPR end-use. These commenters claimed that R-454B and HFC-32 are
needed for IPR beyond chillers and requested that EPA approve them for
all IPR applications such as industrial, medical, and laboratory
applications. They provided additional details that these refrigerants
have lower boiling points than other proposed alternatives, which
allows for lower evaporator temperatures needed for certain
applications (e.g., blood and vaccine storage below -40 [deg]C). The
commenters also stated that these refrigerants have low or no glide,
which is important for lower-temperature IPR systems using flooded
evaporators (not all of which are chillers). The commenters specified
that such specialized equipment may not have other refrigerants with
lower GWPs that are technically feasible. They also said that requiring
high pressure low GWP substitutes, such as the other refrigerants under
consideration in this
[[Page 50437]]
action, may damage systems. Therefore, they asserted that HFC-32 and R-
454B are the only two low GWP refrigerants that will perform at the
required conditions and above atmospheric pressure in certain
applications. One commenter added that limiting R-454B and HFC-32
refrigerants to chillers for IPR would amount to imposing use
conditions that are contrary to reducing the ``overall risk to human
health and the environment'' as required under CAA section 612(c). The
commenter noted that R-454B and HFC-32 have lower GWPs than many
currently acceptable substances, and suggested approving these two
refrigerants broadly for the IPR sector would help lower environmental
impact compared to incumbent refrigerants in wide use. The commenter
also claimed that EPA had not clearly described how it accounted for
the benefits of HFC-32 and R-454B relative to incumbent refrigerants.
Response: While EPA is not granting the commenters' request for
listing R-454B and HFC-32 broadly for all IPR, including industrial,
medical, and laboratory applications in IPR, we acknowledge that these
refrigerants present advantages in performance for IPR operating at low
temperatures. Therefore, based on comments received about the
technological requirements for IPR to reach very cold temperatures, EPA
is listing HFC-32 and R-454B as acceptable, subject to use conditions,
for IPR, as proposed, with a use condition that provides for use in IPR
chillers. EPA is also making a modification to the proposed use
condition for HFC-32 and R-454B in IPR that would allow for use in non-
chiller IPR with the refrigerant temperature entering the evaporator
less than or equal to -30 [deg]C. EPA is achieving this by modifying
the use condition for HFC-32 and R-454B in IPR, so that it provides for
use of HFC-32 and R-454B in both chillers for industrial process
refrigeration and in equipment with the refrigerant temperature
entering the evaporator less than or equal to -30 [deg]C. While R-454B
and HFC-32 have higher GWPs than the other refrigerants being listed as
acceptable in this action, listing these two refrigerants as acceptable
with use conditions that provide for use at lower temperatures still
leads to lower risk to the environment and human health because these
refrigerants are lower risk than what is currently in use.
The Agency is not at this time listing R-454B and HFC-32 as
acceptable in all other IPR uses. We do not agree that commenters have
demonstrated that other lower-risk, lower-GWP options are not available
for other non-chiller IPR uses outside of the lower temperature
applications described in their comments. We also note that upcoming
restrictions under the AIM Act's Technology Transitions Rule will
restrict the GWP of refrigerants used for non-chiller IPR to 150 to
700, depending on the temperature of the refrigerant entering the
evaporator, the refrigerant charge capacity, and whether the
refrigerant is used in the high-temperature side of a cascade system.
Thus, regardless of EPA's consideration under the CAA SNAP program, R-
454B and HFC-32 could not be used in all IPR applications; their use
would be restricted in certain applications under the AIM Act's
Technology Transitions Rule (88 FR 73098; October 24, 2023).
As noted, in response to comments, EPA is finalizing R-454B and
HFC-32 as acceptable, subject to use conditions, in non-chiller IPR low
temperature applications, specifically, equipment with the refrigerant
temperature entering the evaporator is less than or equal to -30
[deg]C. These refrigerants have lower boiling points, as discussed
previously in the comparison to other substitutes in this end-use, than
the other refrigerants listed in this rule. The Agency recognizes that
IPR equipment is often highly specialized and designed specifically for
cooling a particular industrial process, and that certain specialized
applications may require refrigerants operating at evaporator
temperatures of -40 [deg]C or lower. Other, lower-GWP refrigerants may
not be feasible for use in such lower-temperature applications. EPA
further notes that the final Technology Transitions Rule similarly
accommodated lower-temperature IPR applications by establishing a
higher GWP limit for IPR systems with the refrigerant temperature
entering the evaporator less than or equal to -30 [deg]C. 88 FR at
73143.
In response to the comment comparing HFC-32 and R-454B to incumbent
refrigerants, EPA notes that there are other acceptable refrigerants
that reduce overall risks more than both HFC-32 and R-454B and the
incumbent refrigerants in most DX IPR uses, such as ammonia, HCFO-
1233zd(E), R-1224yd(Z), R-290, R-471A, and R-744. Thus, EPA does not
agree with the commenter's assertion that the use restriction for this
listing for R-454B and HFC-32 increases overall risk to human health
and the environment. Several of these substitutes are non-flammable or
are comparable in flammability to HFC-32 and R-454B, such as ammonia,
HCFO-1233zd(E), R-1224yd(Z), R-471A, and R-744. Most of those
refrigerants contain compounds that are not VOC or are excluded from
EPA's regulatory definition of VOC (see 40 CFR 51.100(s)) addressing
the development of SIPs to attain and maintain the NAAQS. Most have an
ozone depletion potential of zero, comparable to HFC-32 and R-454B,
with HCFO-1233zd(E) and R-1224yd having ODPs of less than 0.0004, and
all have a GWP less than 150, compared to R-454B's GWP of 470 and HFC-
32's GWP of 675. However, these lower-GWP refrigerants have boiling
points that are too high to use in DX IPR equipment with the
refrigerant temperature entering the evaporator less than or equal to -
30 [deg]C (-22 [deg]F), as discussed above in this response.
Comment: One commenter supported EPA's proposed approval of HFC-32,
HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and
R-516A for new IPR equipment. The commenter stated that HFC-32, R-454A,
and R-454B should be approved for use in IPR chillers to preserve as
many refrigerant options as possible while navigating changes in
equipment design and technology, despite their higher GWPs than other
listed alternatives.
Response: EPA acknowledges the commenter's support for listing HFC-
32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-57A,
and R-516A in this rulemaking. EPA agrees with the commenter that
listing HFC-32, R-454A, and R-454B will provide more refrigerant
options for chillers for IPR while industry navigates changes in
equipment design and technology. EPA is listing HFC-32, HFO-1234yf,
HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A for
use in chillers for IPR as proposed, among other things.
Comment: Two commenters suggested changes to the proposal to align
with existing standards for the IPR sector. One commenter stated that
very large systems located in industrial occupancies, refrigeration
rooms, or machinery rooms do not fall under the listing nor
installation requirements of UL 60335-2-89. Another commenter noted
that manufacturers adhere to ASHRAE 15, American Society of Mechanical
Engineers (ASME) b31.5, ASME b31.1, or IIAR standards within the IPR
sector depending on the specific application. The commenter requested
that EPA consider for IPR, IPR chillers, and industrial occupancies and
allow such alternative standards to satisfy proposed use conditions
where UL 60335-2-89 is not applicable.
Response: EPA agrees with commenters that UL standard 60335-2-89
may not be appropriate to apply to all equipment in the end-uses listed
[[Page 50438]]
under this rule in all situations; EPA has adopted the commenters'
suggestions to reevaluate the applicability of UL 60335-2-89 for this
rulemaking and is finalizing that manufacturers must use ASHRAE
Standard 15 for all occupancies listed in this rule. In cases where UL
60335-2-89 applies, manufacturers must also follow that standard. It is
EPA's understanding that UL 60335-2-89 does not apply in machinery
rooms, outdoors, or in industrial occupancies, whereas ASHRAE 15 does
apply. Within this rule, industrial occupancies may apply to IPR or
cold storage warehouses Otherwise, we expect manufacturers to do the
due diligence required to reasonably determine whether equipment falls
under categories which are or are not covered by UL 60335-2-89.
Comment: One commenter requested that EPA not finalize a charge
size limit use condition of less than 200 pounds for the listing of R-
454A. The commenter stated that R-454A is a higher capacity and more
efficient option than the alternatives with GWPs less than 150. The
commenter stated that energy efficiency is a critical aspect of very
large systems, which may be located in industrial occupancies,
refrigeration rooms, or machinery rooms. The commenter added that EPA's
apparent rationale for the 200 pounds charge capacity use condition was
based on a higher GWP than other alternatives. The commenter felt EPA
failed to adequately describe how it evaluated GWP concerns with other
considerations in section 612(c) of the CAA, which requires
identification of alternatives based on an overall reduction in risk to
human health and the environment and an assessment of potentially
available technology.
Response: See response in section II.A.6 of this preamble
concerning the use condition limiting use of R-454A to equipment with
charge sizes less than 200 pounds. With regard to EPA's evaluation of
CAA requirements for alternatives to be considered in light of overall
risk reduction and the availability of alternatives, sections II.A.6,
II.F.6, and II.H.3 of this preamble explain the Agency's evaluation and
selection of alternatives.
F. Cold Storage Warehouses--Listing of HFO-1234yf, HFO-1234ze(E), R-
454A, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Cold Storage Warehouses
This final rule lists HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454A, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new cold storage
warehouses.
Several use conditions required for cold storage warehouses are
common to those required for the other end-uses in this rule. Because
of this similarity, EPA discusses the use conditions that apply to all
five end-uses in section II.H of this preamble. In summary, the common
use conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings; and requirements for warning labels and markings on equipment
to inform consumers, technicians, and first responders of potential
flammability hazards.
In addition to the common use conditions in section II.H of this
preamble, the following use condition also applies to R-454A in cold
storage warehouses: this substitute may only be used either in
equipment with a refrigerant charge capacity less than 200 pounds or in
the high-temperature side of a cascade system.
The regulatory text of the final decisions appears in tables at the
end of this document and is codified in appendix Y to 40 CFR part 82,
subpart G. The regulatory text contains listing decisions for the end-
use discussed in this section. EPA notes that there may be other legal
obligations pertaining to the manufacture, use, handling, and disposal
of the refrigerants that are not included in the information listed in
the tables (e.g., the CAA section 608(c)(2) venting prohibition or DOT
requirements for transport of flammable gases). Flammable refrigerants
being recovered or otherwise disposed of from cold storage warehouses
are likely to be hazardous waste under RCRA (see 40 CFR parts 260
through 270).
1. Background on Cold Storage Warehouses
Cold storage warehouses, an end-use within the SNAP program, are
refrigerated warehousing and are used to preserve meat, produce, dairy
products, and other perishable goods prior to their distribution and
sale.
Refrigerant choices depend on the refrigerant charge, ambient
temperatures and the temperature required, system performance, energy
efficiency, and health, safety and environmental considerations, among
other things. The majority of cold storage warehouses in the United
States use ammonia as the refrigerant in a vapor compression cycle,
although some rely on other refrigerants. In addition to regulations
pursuant to the SNAP program, other Federal or local regulations may
also affect refrigerant choice. For instance, regulations from OSHA may
restrict or place requirements on the use of some refrigerants, such as
ammonia. Building codes from local and State agencies may also
incorporate limits on the charge size of particular refrigerants. EPA
understands that this type of equipment may fall under the scope of UL
60335-2-89, ``Household and Similar Electrical Appliances--Safety--Part
2-89: Requirements for Commercial Refrigerating Appliances and Ice-
Makers with an Incorporated or Remote Refrigerant Unit or Motor-
Compressor'' if it is not used in an industrial occupancy and that it
always falls under ASHRAE 15.
EPA is listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A as acceptable, subject to use conditions, in new
cold storage warehouses.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants for cold storage
warehouses in this section as being in the A2L Safety Group. See
section II.A.2 of this preamble for further discussion on ASHRAE
classifications of these refrigerants.
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
See section II.A.3 of this preamble for further discussion on the
environmental, flammability, toxicity, and exposure information for
HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-
516A.\67\
---------------------------------------------------------------------------
\67\ EPA previously listed HFO-1234yf as acceptable, subject to
use conditions, in motor vehicle AC in light-duty vehicles (74 FR
53445, October 19, 2009), in heavy-duty pickup trucks and complete
heavy-duty vans (81 FR 86778, December 1, 2016) and in nonroad
vehicles and service fittings for small refrigerant cans (87 FR
26276, May 4, 2022). EPA previously listed R-454A, R-454C, and R-
457A as acceptable subject to use conditions as substitutes in
residential and light commercial AC and heat pumps (86 FR 24444, May
6, 2021).
---------------------------------------------------------------------------
Redacted submissions and supporting documentation for HFO-1234yf,
HFO-1234ze(E), and the refrigerant blends are provided in the docket
for this rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov.
EPA performed risk screening assessments to examine the health and
environmental risks of
[[Page 50439]]
each of these refrigerants. These risk screens are available in the
docket for this rule.68 69 70 71 72 73 74
---------------------------------------------------------------------------
\68\ ICF, 2023s. Op. cit.
\69\ ICF, 2023t. Op. cit.
\70\ ICF, 2023u. Op. cit.
\71\ ICF, 2023w. Op. cit.
\72\ ICF, 2023x. Op. cit.
\73\ ICF, 2023y. Op. cit.
\74\ ICF, 2023z. Op. cit.
---------------------------------------------------------------------------
Comparison to other substitutes in this end-use: HFO-1234yf, HFO-
1234ze(E), and R-454A, R-454C, R-455A, R-457A, and R-516A all have an
ODP of zero, comparable to or lower than some of the acceptable
substitutes in this end-use, such as ammonia with an ODP of zero and
HCFO-1233zd(E) with an ODP less than 0.0004.
HFO-1234yf and HFO-1234ze(E) both have a GWP of one, comparable to
that of HCFO-1233zd(E), CO2, and ammonia with GWPs of 3.7,
one, and zero respectively. R-454A, R-454C, R-455A, R-457A, and R-516A
have GWPs ranging from 140 to 270, higher than some of the acceptable
substitutes for new cold storage warehouses, including HCFO-1233zd(E),
CO2, and ammonia with GWPs of 3.7, one, and zero,
respectively, and lower than those of other acceptable substitutes such
as R-450A, R-513A, and R-407F with GWPs of about 600, 630, and 1,820,
respectively.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see https://www.epa.gov/snap/substitutes-cold-storage-warehouses). Toxicity risks
of use, determined by the likelihood of exceeding the exposure limit of
HFO-1234yf, HFO-1234ze(E), and the refrigerant blends in these end-
uses, are evaluated in the risk screens referenced previously. The
toxicity risks of using HFO-1234yf, HFO-1234ze(E), and the refrigerant
blends in commercial refrigeration are comparable to or lower than
toxicity risks of other available substitutes in the same end-use.
Toxicity risks of the listed refrigerants can be minimized by use
consistent with UL 60335-2-89 and ASHRAE 15-2022--which are required by
our final use conditions--and other industry standards, recommendations
in the manufacturers' SDS, and other safety precautions common in the
refrigeration and AC industry.
The flammability risks with HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A in this end-use, determined by the
likelihood of exceeding their respective LFLs, are evaluated in the
risk screens referenced previously. In conclusion, while these
refrigerants may pose greater flammability risk than other available,
non-flammable substitutes in the same end-use, this risk can be
minimized by use consistent with ASHRAE 15-2022 and other industry
standards such as UL 60335-2-89-which is required by the use conditions
in this rule-as well as recommendations in the manufacturers' SDS and
other safety precautions common in the refrigeration and AC industry.
EPA is requiring use conditions to reduce the potential risk associated
with the flammability of these alternatives so that they will not pose
greater overall risk to human health and the environment than other
acceptable substitutes in this end-use.
The listed refrigerants provide additional lower-GWP options for
situations where other refrigerants with lower GWPs are not viable,
such as for use of ammonia in systems with remote compressors or in
locations where local regulations restrict its use, or where a lower
pressure refrigerant like HCFO-1233zd(E) is not technically viable. Not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in the cold storage warehouse end-use. To
provide additional options to ensure the availability of refrigerants
with lower GWPs for the full range of cold storage warehouses and,
therefore, lower overall risk to human health and the environment, EPA
is listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for use in all types of
cold storage warehouses. In addition, to account for the additional
challenges for finding lower-GWP refrigerants for cold storage
warehouses with moderate charge sizes and for cascade systems, EPA is
listing R-454A as acceptable, subject to use conditions, for use in
cold storage warehouses with a charge size capacity less than 200
pounds or for use in the high-temperature side of a cascade system.
4. Why is EPA finalizing these specific use conditions?
The use conditions in the listings are explained in the preceding
paragraphs and in section II.H.1 of this preamble.
This final rule applies to end-uses covered by UL 60335-2-89,
including some applications in the SNAP cold storage warehouses end-
use, e.g., use that is not in industrial occupancies. In addition,
ASHRAE 15-2022 applies to these refrigeration systems.
UL 60335-2-89 discussed in section II.H of this preamble indicates
that refrigerant charges greater than a specific amount (called
``m3'' in the standard and based on the refrigerant's LFL)
should instead be determined using national standards that apply, such
as ASHRAE 15-2022. Hence, EPA is requiring adherence to both standards
as use conditions for cold storage warehouses, with certain exceptions.
EPA is incorporating by reference ASHRAE 15-2022, including all
addenda published by the date of the proposed rule (May 24, 2023), in
use conditions that apply to use of the listed A2L refrigerants in new
cold storage warehouses. Where the requirements specified in this final
rule and ASHRAE 15-2022 differ, the requirements of this final rule
apply.
ASHRAE 15-2022 is undergoing continuous maintenance with
publication of periodic addenda and is typically updated and
republished every three years. Although there were additional changes
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA
was not able to review and seek comment on use conditions based on
those more recent changes after publication of the proposal. EPA is
therefore not including addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is finalizing as a use condition for the listing of R-454A in
cold storage warehouses that this substitute may only be used either in
equipment with a refrigerant charge capacity less than 200 pounds or in
the high-temperature side of a cascade system. The Agency is finalizing
this use condition to allow use of R-454A less broadly than for the
other refrigerants being listed for use in cold storage warehouses
because its GWP is higher than those of the other refrigerants (about
237, compared to one to 150). EPA's understanding is that there are two
particular situations where use of refrigerants could be more
constrained, and thus, additional refrigerant options that mitigate
overall risk to human health and the environment may be helpful. The
first of those situations is in what the industry standard ASHRAE 15-
2022 identifies as a refrigerating system having a ``high probability''
that leaked refrigerant from a failed connection, seal, or component
could enter an occupied area. An example of such a constraint is that
ASHRAE 15-2022 and UL 60335-2-89 effectively set charge limits for A2L
refrigerants to less than 260 times the LFL (approximately 200 pounds
for A2L refrigerants and ranging from roughly 120 to 250 pounds for the
refrigerants listed in this rule) for applications inside occupied
areas. In contrast, larger charge sizes could be used in ``low-
probability'' locations where people are unlikely to come in contact
with the
[[Page 50440]]
refrigerant, such as systems used in industrial occupancies, outdoors
or in a machinery room with access restricted to employees. Where
people are unlikely to come into contact with any leaked refrigerant,
there would be fewer space constraints and greater flexibility in
equipment design, so refrigeration system designers can accommodate a
narrower set of refrigerants. Conversely, where people are more likely
to come into contact with any leaked refrigerant in an interior space,
which are not industrial occupancies, refrigerant charge capacities of
a system would be less than 200 pounds. In addition, in such public
spaces, there would be more space constraints, less flexibility in
equipment design, and potentially stricter code requirements. EPA
recognizes that these may be situations where R-454A can be used where
those other refrigerants cannot, especially where space is constrained.
Therefore, R-454A fills a gap in the stated end-uses where lower-GWP
refrigerant alternatives posing less of a risk to human health and the
environment are not as available, and R-454A's GWP of approximately 240
and similar toxicity and flammability profiles would pose lower overall
risk to human health and the environment. Therefore, EPA is listing R-
454A as acceptable, subject to use conditions, only for cold storage
warehouses with a refrigerant charge capacity less than 200 pounds.
The second situation where use of refrigerants is likely to be more
constrained is for use in the high-temperature side of cascade systems
used for cold storage warehouses. As discussed in section II.A.1 of
this preamble, ``Background on retail food refrigeration,'' each side
of a cascade system uses a different refrigerant that is most suitable
for the given temperature range. Higher temperature systems, or the
``high-temperature side,'' have typically used HFCs as a refrigerant;
however, it is technologically achievable and has become more common to
use ammonia in the high-temperature side. For lower temperature
systems, or the ``low temperature side'' of the cascade system,
refrigerants with low boiling points such as R-744 can be used.
Considerations for the choice of refrigerant on the high or low
temperature side of cascade systems are influenced by many factors
including, but not limited to, a refrigerant's toxicity and
flammability, its temperature glide, and its suitability to lower
temperature applications. EPA understands that use of flammable or
toxic refrigerants, such as ammonia, on the high-temperature side of a
cascade may be limited in certain circumstances (e.g., based on
building codes and/or industry safety standards). EPA notes that there
are multiple substitutes available for the low temperature side of the
cascade system with GWPs lower than that of R-454A. Therefore, EPA is
listing R-454A as acceptable, subject to use conditions, when it is
used in the high-temperature side of cascade systems; this would expand
the refrigerant options that can comply with local building codes and
industry safety standards while meeting the more challenging
application of the high-temperature side of a cascade system and
satisfying SNAP considerations of overall risk to human health and the
environment.
5. What additional information is EPA including in these listings?
EPA is providing additional information related to these listings.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
substitute under the SNAP program. EPA encourages users of substitutes
to apply all statements in the ``Further Information'' column in their
use of these refrigerants. See section II.H.2 of this preamble for
further discussion on what additional information EPA is including in
these listings.
6. How is EPA responding to comments on cold storage warehouses?
Comment: One commenter supported listing R-454A as acceptable in
cold storage warehouses but recommended that EPA not finalize a charge
size limit use condition of less than 200 pounds for three reasons.
First, the commenter stated that R-454A is a higher capacity and more
efficient option than alternatives with GWPs of less than 150. They
stated that given the large energy requirements of cold storage
warehouses, energy efficiency is a critical aspect of these systems.
Second, the commenter claimed that many of these systems are in
industrial occupancies, refrigeration rooms, or machinery rooms and not
restricted to the charge limits, listing, and installation requirements
defined by UL 60335-2-89. Third, the commenter stated that EPA failed
to adequately describe how it balanced concerns regarding the GWP of R-
454A versus other considerations in section 612(c) of the CAA, which
requires identification of alternatives based on an overall reduction
in risk to human health and the environment as well as an assessment of
potentially available technology.
Response: With regard to commenters' input on a refrigerant charge
limit for R-454A, see responses in sections II.A.6 and II.H.3 of this
preamble concerning the Agency's rationale for the condition limiting
use of R-454A to equipment with charge sizes less than 200 pounds.
Concerning the energy efficiency of refrigerants for use in cold
storage warehouses, EPA typically does not compare the energy
efficiency of substitutes against each other unless there is a concern
that equipment might not be able to meet DOE's energy conservation
standards with certain substitutes. EPA is not aware of such concerns
for cold storage warehouses. For instance, R-717 is an energy efficient
refrigerant that is commonly used in new cold storage warehouses.
EPA agrees with the commenter that CAA section 612(c) involves
considering the overall risk to human health and the environment of a
substitute compared to the overall risk of other available or
potentially available alternatives. In the case of R-454A, the Agency
considered that there are a number of refrigerants also being listed
for the same end-uses, such as HFO-1234yf, HFO-1234ze(E), R-454C, R-
455A, R-457A, and R-516A, and that there are other acceptable
refrigerants already listed in the same end-uses, such as R-717 and R-
744, that pose comparable risk to overall human health and the
environment, including similar ODP, low photochemical and insignificant
smog impacts in the lower atmosphere, similar or lower flammability,
and exposure levels evaluated to be below relevant toxicity thresholds,
when compared to R-454A. R-454A has a slightly higher GWP than the
other refrigerants listed above. EPA recognizes that there may be
situations where R-454A can be used where those other refrigerants
cannot, especially where space is constrained. Therefore, R-454A fills
a gap in the stated end-uses where lower-GWP refrigerant alternatives
posing less of a risk to human health and the environment are not as
available. The situations mentioned by the commenter where the charge
limits of UL 60335-2-89 do not apply are situations where space is not
constrained, such as outdoors or in a machinery room, and therefore,
where it is less critical to use a refrigerant with higher volumetric
capacity, such as R-454A. Therefore, taking into account our overall
evaluation of comparative risks, it is appropriate to list R-454A for
certain equipment, where it is of comparable or lower risk compared to
the currently or potentially available substitutes for that particular
equipment
[[Page 50441]]
and end-use. Also, concerning comparisons to incumbent refrigerants
with higher GWPs than R-454A, see the responses in sections II.E.6 and
II.H.2 of this preamble concerning R-454A in situations where other
refrigerants may not be appropriate for the needs of equipment. EPA
also notes that the 200-pound limit on R-454A in cold storage
warehouses is consistent with a requirement in the final Technology
Transitions Rule.
G. Ice Skating Rinks--Listing of HFO-1234yf, HFO-1234ze(E), R-454C, R-
455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for
Use in New Ice Skating Rinks With a Remote Compressor
This final rule lists HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454C, R-455A, R-457A, and R-516A as acceptable,
subject to use conditions, for use in new ice skating rinks with a
remote compressor.
Several use conditions being finalized for ice skating rinks with a
remote compressor in this rule are common to those finalized for other
end-uses in this rule. Because of this similarity, EPA discusses the
use conditions that apply to all five end-uses in section II.H of this
preamble. For ice skating rinks with remote compressors, those are the
only use conditions EPA is requiring. In summary, the common use
conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings; and requirements for warning labels and markings on equipment
to inform consumers, technicians, and first responders of potential
flammability hazards.
The regulatory text of the decisions appears in tables at the end
of this document and is being codified in appendix Y to 40 CFR part 82,
subpart G. The regulatory text contains listing decisions for the end-
use discussed in this section. EPA notes that there may be other legal
obligations pertaining to the manufacture, use, handling, and disposal
of the refrigerants that are not included in the information listed in
the tables (e.g., the CAA section 608(c)(2) venting prohibition or DOT
requirements for transport of flammable gases). Flammable refrigerants
being recovered or otherwise disposed of from ice skating rinks are
likely to be hazardous waste under RCRA (see 40 CFR parts 260 through
270).
1. Background on Ice Skating Rinks
Ice skating rinks, an end-use within the SNAP program, include
those used by the general public for recreational purposes and also
those for amateur and professional use (e.g., by professional hockey
teams). These systems frequently use secondary loop refrigeration
systems, where a primary loop containing a refrigerant uses a remote
compressor that is in a location away from the public, such as a
machinery room, and a secondary loop, containing propylene glycol,
water, or another innocuous fluid, is used to directly cool the ice.
Other types of refrigeration systems for ice skating rinks use a direct
heat exchange system, where the refrigerant moves directly under the
rink. The listings apply only to ice skating rinks that have a remote
compressor.
For ice skating rinks, refrigerant choice depends on the
refrigerant charge; ambient temperatures and the temperature required;
system performance; energy efficiency; and health, safety, and
environmental considerations, among other things. In addition to
regulations pursuant to the SNAP program, other Federal or local
regulations may also affect refrigerant choice. For instance,
regulations from OSHA may restrict or place requirements on the use of
some refrigerants, such as ammonia. Building codes from local and State
agencies may also incorporate limits on the amount of particular
refrigerants used. Acceptable substitutes in use today for new ice
skating rinks include ammonia, CO2, HCFO-1233zd(E) as well
as HFCs and HFC/HFO blends. These can be used alone or in combination
with other refrigerants in other parts of the equipment, depending on
the equipment and its design (e.g., a secondary loop contains one
refrigerant while the primary loop contains a different refrigerant).
It is EPA's understanding that this type of equipment may fall under
the scope of UL 60335-2-89, ``Requirements for Commercial Refrigerating
Appliances and Ice-Makers with an Incorporated or Remote Refrigerant
Unit or Motor-Compressor'' if it is not used in an industrial occupancy
and that it always falls under ASHRAE 15.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants listed for ice skating
rinks in this section as being in the A2L Safety Group. See section
II.A.2 of this preamble for further discussion on ASHRAE
classifications of these refrigerants.
3. What are HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A and how do they compare to other refrigerants in the same end-use?
See section II.A.3 of this preamble for further discussion on the
environmental, flammability, toxicity, and exposure information for
these refrigerants.
Redacted submissions and supporting documentation for HFO-1234yf,
HFO-1234ze(E) and the blends R-454C, R-455A, R-457A and R-516A are
provided in the docket for this rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov. EPA performed a risk screening assessment to
examine the health and environmental risks of each of these
refrigerants. These risk screens are available in the docket for this
rule.75 76 77 78 79 80
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\75\ ICF, 2023s. Op. cit.
\76\ ICF, 2023t. Op. cit.
\77\ ICF, 2023w. Op. cit.
\78\ ICF, 2023x. Op. cit.
\79\ ICF, 2023y. Op. cit.
\80\ ICF, 2023z. Op. cit.
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Comparison to other substitutes in this end-use: HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A all have an ODP of zero,
comparable to or lower than some of the acceptable substitutes in this
end-use, such as ammonia with an ODP of zero and HCFO-1233zd(E) with an
ODP of less than 0.0004.
HFO-1234yf and HFO-1234ze(E) both have a GWP of one, comparable to
or lower than that of other acceptable substitutes for new ice skating
rinks, such as ammonia, CO2, and HCFO-1233zd(E) with GWPs of
zero, one, and 3.7, respectively.
R-454C, R-455A, R-457A, and R-516A have GWPs ranging from about 140
to 150 which are higher than that of other acceptable substitutes for
ice skating rinks, including ammonia, CO2, and HCFO-
1233zd(E) with GWPs of zero, one, and 3.7, respectively. The GWPs of
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A are lower
than some of the substitutes acceptable under SNAP for new ice skating
rinks, such as R-450A, and some substitutes currently in use but do not
meet the GWP limits for use in new ice skating rinks under the
Technology Transitions Rule such as R-449A and R-507A with GWPs of
approximately 600, 1,400, and 3,990, respectively.
Information regarding the toxicity of other available alternatives
is provided
[[Page 50442]]
in the listing decisions previously made (see https://www.epa.gov/snap/substitutes-ice-skating-rinks). Toxicity risks of use, determined by
the likelihood of exceeding the exposure limit of HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A in these end-uses, are
evaluated in the risk screens referenced previously. The toxicity risks
of using HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A
in ice skating rinks with remote compressors are comparable to or lower
than toxicity risks of other available substitutes in the same end-use.
Toxicity risks of the listed refrigerants can be minimized by use
consistent with UL 60335-2-89 and ASHRAE 15-2022-which are required by
our final use conditions-and other industry standards, recommendations
in the manufacturers' SDS, and other safety precautions common in the
refrigeration and AC industry.
The potential flammability risks of HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A in this end-use, determined by the
likelihood of exceeding their respective LFLs, are evaluated in the
risk screens referenced previously. These risk screens determined that
because ice skating rink systems would be installed in locations with
adequate space and/or ventilation in accordance with EPA
recommendations and requirements, industry standards, and the
installation and maintenance manuals for equipment using these
refrigerants, significant flammability risk to end-users, personnel, or
the general population is unlikely. In conclusion, while these
refrigerants may pose greater flammability risk than other available
substitutes in the same end-use, this risk can be minimized by use
consistent with ASHRAE 15-2022 and other industry standards such as UL
60335-2-89-which is required by our use conditions-as well as
recommendations in the manufacturers' SDS and other safety precautions
common in the refrigeration and AC industry. EPA is requiring use
conditions to reduce the risk associated with the flammability of these
alternatives so that they will not pose greater overall risk to human
health and the environment than other acceptable substitutes in this
end-use. In addition, EPA is limiting these listings to equipment with
a remote compressor. Such equipment reduces the chances of fire and of
exposure to the general public compared to refrigerants that are piped
directly under an ice skating rink.
In addition, the listed substitutes have lower GWPs than most other
available alternatives for the same end-use. The listed refrigerants
may provide additional lower-GWP options for situations where other
refrigerants with lower GWPs are not viable, such as in locations where
local regulations restrict use of ammonia. Not all refrigerants listed
as acceptable under SNAP will be suitable for the range of equipment in
the ice skating rinks end-use. To provide additional options to ensure
the availability of refrigerants with lower GWPs for ice skating rinks
and, therefore, lower overall risk to human health and the environment,
EPA is listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and
R-516A as acceptable, subject to use conditions, for use in new ice
skating rinks.
4. Why is EPA finalizing these specific use conditions?
The final use conditions identified in the listings are explained
in section II.H.1 of this preamble.
This final rule applies to end-uses covered by UL 60335-2-89,
including some applications in the SNAP ice skating rink end-use, e.g.,
use that is not in industrial occupancies. In addition, ASHRAE 15-2022
applies to these refrigeration systems.
EPA is incorporating by reference UL 60335-2-89. This standard, as
discussed in section II.H of this preamble, states that refrigerant
charges greater than a specific amount (called ``m3'' in the
standard and based on the refrigerant's LFL) should instead be
determined using national standards that apply, such as ASHRAE 15-2022.
Hence, EPA is requiring adherence to both standards as use conditions
for ice skating rinks, with certain exceptions.
EPA is incorporating by reference UL 60335-2-89 and ASHRAE 15-2022
in use conditions that apply to use of the listed A2L refrigerants in
new ice skating rinks. Where the requirements specified in this final
rule and ASHRAE 15-2022 differ, the requirements of this final rule
apply.
ASHRAE 15-2022 is undergoing continuous maintenance with
publication of periodic addenda and is typically updated and
republished every three years. Although there were additional changes
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA
was not able to review and seek comment on use conditions based on
those more recent changes after publication of the proposal. EPA is
therefore not including addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is finalizing a use condition that the six A2L refrigerants
included in this listing may only be used in new equipment that
includes a remote compressor. This is intended to ensure that these
flammable refrigerants are only used away from the presence of ice
skaters and other members of the general public. This would reduce the
likelihood of exposure or leaks of the refrigerant near the general
public and instead allow facility employees and trained technicians to
control access to the refrigerant.
5. What additional information is EPA including in these listings?
EPA is providing additional information related to these listings.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
substitute under the SNAP program. While the items listed are not
legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants. See section II.H.2 of this
preamble for further discussion on what additional information EPA is
including in these listings.
6. How is EPA responding to comments on ice skating rinks?
Comment: One commenter requested that EPA include R-454A as an
acceptable refrigerant for ice skating rinks without a 200-pound charge
size limit, in alignment with the proposal's listing for IPR and cold
storage warehouses. The commenter also claimed that EPA did not provide
sufficient explanation why R-454A was unacceptable in this end-use or
why EPA did not to proceed with a filed SNAP petition to find R-454A
acceptable. The commenter stated that EPA must consider all effects
contemplated by CAA section 612(c) and may not only focus on relative
GWP in making decisions. The commenter noted that additional rationale
for this determination appears in the docket.
Response: With respect to the comment that EPA must take into
account all the effects contemplated by CAA section 612(c), the Agency
responds that it has appropriately considered these listing decisions,
as required by CAA section 612(c) and EPA's implementing regulations,
including in its consideration of overall risk to human health and the
environment compared to overall risk posed by other available or
potentially available substitutes in the same uses. EPA evaluates not
only relative GWP but all of the criteria for review that are required
under the SNAP regulations at 40 CFR 82.180(a)(7) for our comparative
risk analysis, including atmospheric
[[Page 50443]]
effects; general population risks from ambient exposure to increased
ground-level ozone (e.g., volatile organic compound assessment) or due
to direct toxicity of compounds; ecosystem effects (e.g.; analysis of
impacts of breakdown products on aquatic life); flammability risks,
occupational risks (e.g., toxicity of direct exposure to workers or
asphyxiation risks), and consumer risks (e.g., toxicity of exposure to
consumers at end-use). These considerations are reflected in the risk
screens found in the docket for this rule and in the discussion
supporting the listing decisions for the listings finalized in this
rule. With respect to the commenter's reference to a filed SNAP
petition to find R-454A acceptable, the Agency notes that we received a
SNAP submission from a manufacturer but is not aware of a formal
petition regarding this refrigerant. EPA did not propose to list R-454A
for use in ice skating rinks, either as acceptable or unacceptable, and
is not making a final decision in the rule regarding whether to list R-
454A in this end-use. EPA may consider listing R-454A in this or other
end-uses in future SNAP listing rules.
H. Use Conditions and Further Information for Retail Food
Refrigeration, Commercial Ice Machines, Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks With a
Remote Compressor
1. What use conditions is EPA finalizing and why?
As previously described, EPA is listing:
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for use in new equipment
in stand-alone units, retail food remote condensing units, supermarket
systems, and refrigerated food processing and dispensing equipment;
R-454A as acceptable, subject to use conditions, for use
in new equipment in retail food remote condensing units and supermarket
systems;
R-290 as acceptable, subject to use conditions, for use in
new refrigerated food processing and dispensing equipment;
HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
new commercial ice machines;
HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for used in new
IPR equipment and HFC-32 and R-454B, as acceptable, subject to use
conditions, for use in new chillers for IPR and in IPR equipment with
the refrigerant temperature entering the evaporator or the temperature
of the exiting fluid less than or equal to -30[deg] C;
HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new
cold storage warehouses; and
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for use in new ice
skating rinks with remote compressors.
In addition, EPA is revising the use conditions that apply to the
existing listings of:
R-290 as acceptable, subject to use conditions, for use in
new retail food refrigeration stand-alone units; and
R-290 as acceptable, subject to use conditions, for use in
new self-contained commercial ice machines.
The use conditions (either as new listings or revisions to an
existing listing) common to all listing decisions in this rule are:
restricting the use of each refrigerant to new equipment that is
specifically designed and clearly marked for the refrigerant; use
consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain
exceptions), including testing, charge sizes, ventilation, usage space
requirements, and certain hazard warnings and markings; and
requirements for warning labels and markings on equipment to inform
consumers, technicians, and first responders of potential flammability
hazards. Additional specific use conditions are intended to allow for
the use of these flammable refrigerants in a manner that will ensure
they do not pose a greater overall risk to human health and the
environment than other substitutes in these end-uses.
New Equipment Only; Not Intended for Use as a Retrofit Alternative
EPA is requiring that these refrigerants be used only in new
equipment which has been designed to address concerns unique to
flammable refrigerants. In other words, none of these refrigerants are
being listed as acceptable to be used as a conversion or ``retrofit''
refrigerant for existing equipment. EPA is unaware of information on
how to address hazards if these flammable refrigerants were to be used
in equipment that was designed for non-flammable refrigerants. Given
the flammable nature of these refrigerants, the fact that EPA is
unaware of information to assess the risk if such retrofits were
allowed, and because the refrigerants were not submitted to the SNAP
program for retrofits, EPA has not reviewed them for retrofit
applications and is requiring that they be used only in new equipment
which has been properly designed for their use. This use condition does
not affect the ability to service a system using one of these
refrigerants once installed, including the adding of refrigerant or
replacing components.
Standards
To ensure safe use of the listed refrigerants, EPA is incorporating
by reference certain industry consensus safety standards in a use
condition. Specifically, the Agency is requiring that the flammable
refrigerants may be used only in equipment that meets requirements in
ASHRAE 15-2022 and in UL 60335-2-89, 2nd edition (with certain
exceptions). Exceptions include equipment that is outside the scope of
UL 60335-2-89; equipment installed in situations where UL 60335-2-89
refers to ``national standards'' (e.g., where equipment is installed in
a machinery room or outdoors); and equipment installed in ``industrial
occupancies,'' as defined in ASHRAE 15-2022. In the latter situation,
these refrigerants must be used in equipment installed consistent with
the requirements of ASHRAE 15-2022 without meeting the requirements of
UL 60335-2-89.
Section 1 of UL 60335-2-89 defines the scope of that standard. It
lists both specific types of equipment that fall under the standard and
equipment that falls outside the scope of the standard. Examples of
equipment that are included within the scope of UL 60335-2-89 include
refrigerated display and storage cabinets, refrigerated trolley
cabinets, service counters, factory-assembled walk-in coolers and
freezers, refrigerated food processing and dispensing equipment,
commercial refrigeration products with rated voltage up to 15,000 V,
and commercial ice machines. Examples of equipment that fall outside
the scope of UL 60335-2-89 include appliances using flammable
refrigerant in transcritical refrigeration systems, commercial
refrigeration products with rated voltage of 15,000 V or greater, motor
compressors, household refrigerating appliances that fall under the
scope of UL 60335-2-24, vending machines, and professional or
commercial ice-cream machines. This final rule does not apply to these
types of commercial refrigeration equipment that fall outside the scope
of UL 60335-2-89. Commercial refrigeration equipment that falls outside
the scope of
[[Page 50444]]
UL 60335-2-89 in situations where UL 60335-2-89 refers to ``national
standards'' is still required to meet ASHRAE 15-2022 under this final
rule. ASHRAE 15-2022 enforces, rather than replaces, UL 60335-2-89, by
providing instructions for installation of equipment and requirements
for situations beyond the scope of UL 60335-2-89, e.g., for use in
refrigeration systems with large charge sizes in a machinery room or
outdoors.
Under the existing SNAP listings, new stand-alone units using R-290
have been subject to a use condition to meet the requirements of
Appendix SB of the 10th edition of UL 471. In this final action, stand-
alone units using R-290 manufactured before the effective date may
continue to be used under SNAP and will remain in compliance with the
existing SNAP use conditions as long as they meet the applicable use
conditions when they were manufactured. New stand-alone units using R-
290 manufactured from the effective date of this final rule through
September 29, 2024, must meet the requirements of either Appendix SB of
the 10th edition of UL 471 or UL 60335-2-89, dependent upon which
standard they were certified, to comply with the use conditions
established in this final action. Similarly, new stand-alone units
using R-290 that are manufactured on or after September 30, 2024, must
meet the requirements of UL 60335-2-89, rather than the earlier UL
standards, unless the new stand-alone units remain essentially
unchanged from an earlier model or design that was already UL-listed to
the earlier UL 471 standard.
Similarly, under the use conditions in the existing SNAP listings,
new self-contained commercial ice machines using R-290 have been
subject to the requirements of Appendix SA of the 8th edition of UL
563. In this final action, commercial ice machines using R-290
manufactured before the effective date of this final rule may continue
to be used under SNAP and will remain in compliance with the SNAP use
conditions as long as they met the applicable use conditions when they
were manufactured. New self-contained commercial ice machines using R-
290 that are manufactured from the effective date of this final rule
through September 29, 2024, must meet the requirements of either
Appendix SA of the 8th edition of UL 563 or UL 60335-2-89, contingent
upon which standard the equipment was designed, to comply with the use
conditions established in this final action. Similarly, new self-
contained commercial ice machines using R-290 that are manufactured on
or after September 30, 2024, must meet the requirements of UL 60335-2-
89, rather than the earlier UL standards, unless the new stand-alone
units remain essentially unchanged from an earlier model or design that
was already UL-listed to the earlier UL 563 standard.
UL 60335-2-89 includes requirements for construction and system
design, for markings, and for performance tests concerning refrigerant
leakage, ignition of switching components, surface temperature of
parts, and component strength after being scratched. UL 60335-2-89 was
developed through an open and consensus-based approach, with the
assistance of experts in the AC and refrigeration industry as well as
experts involved in assessing the safety of products. Those
participating in the UL 60335-2-89 consensus standards process have
tested equipment for flammability risk and evaluated the relevant
scientific studies. While similar standards exist from other bodies
such as the International Electrotechnical Commission (IEC), we are
relying on specific UL standards that are most applicable and
recognized by the U.S. market. This approach is the same as that in our
previous listing determinations for flammable refrigerants (e.g., 76 FR
78832, December 20, 2011; 80 FR 19454, April 10, 2015; 86 FR 24444, May
6, 2021; and 87 FR 45508, July 28, 2022).
A summary of the requirements of the 2nd edition of UL 60335-2-89
as they affect the listed refrigerants and end-uses is offered here for
information only and does not provide a complete review of the
requirements in this standard. Please consult the standard itself for
additional information.
The requirements in UL 60335-2-89 reduce the risk to workers and
consumers posed by flammable refrigerants. UL 60335-2-89 limits the
amount of refrigerant allowed in each type of appliance based on
several factors explained in that standard. The standard specifies
requirements for installation space of an appliance (e.g., room floor
area) and/or ventilation or other requirements that are determined
according to the refrigerant charge used in the appliance, the
installation location, and the type of ventilation of the location or
of the appliance. UL 60335-2-89 contains provisions for safety
mitigation when using larger charges of A2L refrigerants or when using
A2L refrigerants in equipment with a remote compressor. These
mitigation requirements were developed to ensure the safe use of
flammable refrigerants over a range of appliances. In general, as
larger charge sizes are used, more stringent mitigation measures are
required. In certain applications, refrigerant detection systems (as
described in Annex 101.DVP, Refrigerant detection systems for A2L
refrigerants); means of mitigation (as described in Annex 101.DVU,
including air circulation, ventilation, shut off valves, etc.); and
refrigerant sensors (as described in 101.DVP, Refrigerant sensor for
REFRIGERANT DETECTION SYSTEMS) are required. Where air circulation
(e.g., fans) is required in accordance with Annex 101.DVU, it must be
initiated by a separate refrigerant detection system either as part of
the appliance or installed separately. In a room with no mechanical
ventilation, Annex 101.DVU1.7 provides requirements for openings to
rooms based on several factors, including the charge size and the room
area. The minimum opening is intended to be sufficient so that natural
ventilation would reduce the risk of using a flammable refrigerant. The
standard also includes specific requirements covering construction,
instruction manuals, allowable charge sizes, mechanical ventilation,
safety alarms, and shut off valves for A2L refrigerants.
In addition to Annex 101.DVU, UL 60335-2-89 has a requirement for
the maximum charge for an appliance using a flammable refrigerant,
including A2L, A2, and A3 refrigerants. Additional requirements exist
for charge sizes exceeding three times the LFL.
Systems with refrigerant charges exceeding certain amounts are
outside the scope of UL 60335-2-89; however, national standards apply
instead, namely, ASHRAE 15-2022. Specifically, for a field-charged
system, if the refrigerant circuit with the greatest mass of an A2L
refrigerant contains more than 260 times the LFL (in kg/m\3\), such a
refrigerant circuit can only be used outdoors or in a machinery room
where the requirements of ASHRAE 15-2022 apply. For example, HFC-32 has
an LFL of approximately 0.307 kg/m\3\ (0.0192 lb/ft\3\); therefore, a
single refrigerant circuit exceeding 79.82 kg (176.0 lb) would fall
outside the scope of UL 60335-2-89. In such situations, the refrigerant
circuit would need to be used in outdoor equipment or in a machinery
room and the installation would need to meet the requirements of ASHRAE
15-2022. For self-contained equipment using an A3 refrigerant, the
maximum charge size is 13 times the LFL (approximately 500 g of R-290)
for equipment that is open and contains no doors or drawers and eight
times the LFL (approximately 300 g of R-290) for equipment with doors
or drawers. EPA expects that many types of retail
[[Page 50445]]
refrigeration equipment could exceed these charge thresholds and
therefore is finalizing that an additional safety standard, ASHRAE 15-
2022, apply to commercial refrigeration equipment using flammable
refrigerants, as discussed in section II.A of this preamble. ASHRAE 15-
2022 supplements, rather than replaces, UL 60335-2-89, by providing
instructions for installation of equipment and requirements for
situations beyond the scope of UL 60335-2-89. In addition, ASHRAE 15-
2022 refers to some spaces as ``industrial occupancies,'' in which
refrigerating systems must follow ASHRAE 15-2022 and businesses may
have custom-designed refrigeration equipment that has not typically
been designed to meet UL standards for products. ASHRAE 15-2022 defines
``industrial occupancies'' as ``a premise or that portion of a premise
that is not open to the public, where access by authorized persons is
controlled, and that is used to manufacture, process, or store goods
such as chemicals, food, ice, meat, or petroleum.'' Many, but not all,
spaces where IPR equipment, cold storage warehouses, and ice skating
rink systems are used qualify as industrial occupancies.
Under the existing SNAP listings, new stand-alone units using R-290
have been subject to a use condition to meet the requirements of
Appendix SB of the 10th edition of UL 471. In this final action, stand-
alone units using R-290 manufactured before the effective date may
continue to be used under SNAP and will remain in compliance with the
existing SNAP use conditions as long as they meet the applicable use
conditions when they were manufactured. New stand-alone units using R-
290 manufactured from the effective date of this final rule through
September 29, 2024, must meet the requirements of either Appendix SB of
the 10th edition of UL 471 or UL 60335-2-89 to comply with the use
conditions established in this final action. Similarly, new stand-alone
units using R-290 that are manufactured on or after September 30, 2024,
must meet the requirements of UL 60335-2-89, rather than the earlier UL
standards, unless the new stand-alone units remain essentially
unchanged from an earlier model or design that was already UL-listed to
the earlier UL 471 standard.
Similarly, under the existing SNAP listings, new self-contained
commercial ice machines using R-290 have been subject to the
requirements of Appendix SA of the 8th edition of UL 563. In this final
action, commercial ice machines using R-290 manufactured before the
effective date of this final rule may continue to be used under SNAP
and will remain in compliance with the SNAP use conditions as long as
they met the applicable use conditions when they were manufactured. New
self-contained commercial ice machines using R-290 that are
manufactured from the effective date of this final rule through
September 29, 2024, must meet the requirements of either Appendix SA of
the 8th edition of UL 563 or UL 60335-2-89 to comply with the use
conditions established in this final action. Similarly, new self-
contained commercial ice machines using R-290 that are manufactured on
or after September 30, 2024, must meet the requirements of UL 60335-2-
89, rather than the earlier UL standards, unless the new stand-alone
units remain essentially unchanged from an earlier model or design that
was already UL-listed to the earlier UL 471 standard.
Warning Labels--Equipment With A2L Refrigerants
EPA is requiring labeling of refrigerating systems used in retail
food refrigeration equipment, commercial ice machines, IPR equipment,
cold storage warehouses, and ice skating rinks (``equipment'')
containing the listed lower flammability (A2L) refrigerants. The text
of these labels can also be found in Annex 101.DVV of UL 60335-2-89.
References to ``the UL standard'' below are to UL 60335-2-89, 2nd
edition. The following labels, or the equivalent, must be provided in
letters no less than 6.4 mm (\1/4\ inch) high and must be permanent:
1. On the outside of the unit: ``WARNING--Risk Of Fire. Flammable
Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do
Not Puncture Refrigerant Tubing.''
2. On the outside of the equipment: ``WARNING--Risk of Fire.
Dispose of Properly In Accordance With Federal Or Local Regulations.
Flammable Refrigerant Used.''
3. On the inside of the equipment near the compressor: ``WARNING--
Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner's
Guide Before Attempting to Service This Product. All Safety Precautions
Must Be Followed.''
4. For any equipment pre-charged at the factory, on the equipment
packaging or on the outside of the equipment: ``WARNING--Risk of Fire
due to Flammable Refrigerant Used. Follow Handling Instructions
Carefully in Compliance with National Regulations.''
a. If the equipment is delivered packaged, this label shall be
applied on the packaging.
b. If the equipment is not delivered packaged, this label shall be
applied on the outside of the appliance.
EPA expects that all stand-alone units, self-contained commercial
ice machines, and self-contained refrigerated food processing and
dispensing equipment would be packaged, and hence this label would be
placed as stipulated in item a above. EPA expects that other types of
commercial refrigeration equipment could be provided packaged or not,
and this label would be placed as stipulated in item a or b,
respectively.
5. On indoor unit near the nameplate:
a. At the top of the marking: ``Minimum installation height, X m (W
ft)''. This marking is only required if the similar marking is required
by UL 60335-2-89. The terms ``X'' and ``W'' shall be replaced by the
numeric height as calculated per the UL Standard. Note that the
formatting here is slightly different than the UL Standard;
specifically, the height in Inch-Pound units is placed in parentheses
and the word ``and'' has been replaced by the opening parenthesis.
b. Immediately below 5.a or at the top of the marking if 5.a is not
required: ``Minimum room area (operating or storage), Y m\2\ (Z
ft\2\)''. The terms ``Y'' and ``Z'' shall be replaced by the numeric
floor area as calculated per the UL Standard. Note that the formatting
here is slightly different than the UL Standard; specifically, the area
in Inch-Pound units is placed in parentheses and the word ``and'' has
been replaced by the opening parenthesis.
6. For non-fixed equipment, including on the outside of the
appliance: ``WARNING--Risk of Fire or Explosion--Store in a well-
ventilated room without continuously operating flames or other
potential ignition.''
7. For fixed equipment that is ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary devices which may be ignition
sources shall not be installed in the ductwork, other than auxiliary
devices listed for use with the specific appliance. See instructions.''
Labeling requirements 1, 2, and 3 apply to all refrigeration
equipment; labeling requirement 4 applies only to self-contained
equipment that is pre-charged by the manufacturer (e.g., stand-alone
units or self-contained commercial ice machines); labeling requirement
5 applies to equipment with a remote compressor, also called a
``split'' or ``remote'' system (e.g., remote condensing unit,
supermarket system, or refrigerating system for an ice skating rink
with a remote compressor). A piece of refrigeration equipment that may
be moved from one location to another and
[[Page 50446]]
is typically self-contained is referred to as ``non-fixed'' in labeling
requirement 6 (e.g., stand-alone units).
EPA notes that Annex 101.DVV of UL 60335-2-89 specifies that the
labels must include text with a font size that is no less than 3.2 mm
(\1/8\ inch) high for A2L refrigerants, while the Agency is requiring a
larger, more visible font size of 6.4 mm (\1/4\ inch). The Agency is
concerned that it is difficult to see warning labels with the minimum
lettering height requirement of 1/8 inch in UL 60335-2-89. Therefore,
as in the requirements in our previous rules for use of A2L
refrigerants in residential and light commercial air conditioning and
heat pumps (80 FR 19453, April 10, 2015; 86 FR 24444, May 6, 2021), as
well as our previous rules for HC refrigerants (76 FR 78832, December
20, 2011; 80 FR 19453, April 10, 2015; 81 FR 86778, December 1, 2016),
EPA is requiring that the minimum height for lettering be \1/4\ inch as
opposed to \1/8\ inch. This will make it easier for technicians,
consumers, retail storeowners, and first responders to view the warning
labels.
Warning Labels--Equipment With A3 Refrigerants, Including R-290
As a final use condition for refrigerated food processing and
dispensing equipment and a revision to existing use conditions for
stand-alone units and commercial ice machines, EPA is requiring
labeling of such equipment containing R-290. The text of these labels
can also be found in Annex 101.DVV of UL 60335-2-89. References to
``the UL standard'' below are to UL 60335-2-89. The following markings,
or the equivalent, must be provided in letters no less than 6.4 mm (\1/
4\ inch) high and must be permanent:
1. On the outside of the unit: ``DANGER''--Risk Of Fire Or
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing.''
2. On the outside of the equipment: ``WARNING--Risk of Fire or
Explosion. Dispose of Properly In Accordance With Federal Or Local
Regulations. Flammable Refrigerant Used.''
3. On the inside of the equipment near the compressor: ``DANGER--
Risk Of Fire or Explosion. Flammable Refrigerant Used. Consult Repair
Manual/Owner's Guide Before Attempting to Service This Product. All
Safety Precautions Must Be Followed.''
4. For any equipment pre-charged at the factory, on the equipment
packaging or on the outside of the equipment: ``DANGER--Risk of Fire or
Explosion due to Flammable Refrigerant Used. Follow Handling
Instructions Carefully in Compliance with National Regulations.''
a. If the equipment is delivered packaged, this label shall be
applied on the packaging.
b. If the equipment is not delivered packaged, this label shall be
applied on the outside of the appliance.
EPA expects that all stand-alone units and self-contained
commercial ice machines and self-contained refrigerated food processing
and dispensing equipment would be packaged, and hence this label would
be placed as stipulated in item a above. EPA expects that other types
of commercial refrigeration equipment could be provided packaged or
not, and this label would be placed as stipulated in item a or b,
respectively.
5. On indoor unit near the nameplate:
a. At the top of the marking: ``Minimum installation height, X m (W
ft)''. This marking is only required if the similar marking is required
by UL 60335-2-89. The terms ``X'' and ``W'' shall be replaced by the
numeric height as calculated per the UL Standard. Note that the
formatting here is slightly different than the UL Standard;
specifically, the height in Inch-Pound units is placed in parentheses
and the word ``and'' has been replaced by the opening parenthesis.
b. Immediately below 5.a or at the top of the marking if 5.a is not
required: ``Minimum room area (operating or storage), Y m\2\ (Z
ft\2\)''. The terms ``Y'' and ``Z'' shall be replaced by the numeric
area as calculated per the UL Standard. Note that the formatting here
is slightly different than the UL Standard; specifically, the area in
Inch-Pound units is placed in parentheses and the word ``and'' has been
replaced by the opening parenthesis.
6. For non-fixed equipment, including on the outside of the
appliance: ``WARNING--Risk of Fire or Explosion--Store in a well-
ventilated room without continuously operating flames or other
potential ignition.''
7. For fixed equipment that is ducted, near the nameplate:
``WARNING--Risk of Fire or Explosion--Auxiliary devices which may be
ignition sources shall not be installed in the ductwork, other than
auxiliary devices listed for use with the specific appliance. See
instructions.''
The text of the warning labels is exactly the same as that required
in UL 60335-2-89, with the exception of the label identified in 5,
which is similar to but slightly different from that in UL 60335-2-89.
The text for A3 refrigerants differs slightly from that for A2L
refrigerants, sometimes using the word ``DANGER'' instead of
``WARNING,'' and sometimes referring to ``Risk of Fire or Explosion''
instead of ``Risk of Fire.'' For R-290 and other A3 refrigerants, UL
60335-2-89 requires the labels to be no less than 6.4 mm (\1/4\ inch)
high in the standard, the same as EPA is requiring in this action.
Markings
EPA is requiring as a use condition that the refrigerants must be
used in refrigerating equipment that has red, Pantone[supreg] Matching
System (PMS) #185 or RAL 3020 marked pipes, hoses, and other devices
through which the refrigerant is serviced, typically known as the
service port, to indicate the use of a flammable refrigerant. This
color must be present at all service ports and where service puncturing
or otherwise creating an opening from the refrigerant circuit to the
atmosphere might be expected (e.g., process tubes). The color mark must
extend at least 2.5 centimeters (1 inch) from the compressor and must
be replaced if removed. EPA has applied this same use condition in past
actions for flammable refrigerants (76 FR 78832, December 20, 2011; 80
FR 19454, April 10, 2015; 81 FR 86778, December 1, 2016; 86 FR 24444,
May 6, 2021; and 87 FR 45508, July 28, 2022). Our understanding of UL
60335-2-89 is that red markings similar to those finalized are required
by UL 60335-2-89 for all flammable refrigerants. EPA is requiring that
such markings apply through the SNAP use conditions as well to
establish a common, familiar, and standard means of identifying the use
of a flammable refrigerant.
These red markings allow technicians to immediately identify the
use of a flammable refrigerant, thereby reducing the risk of using
sparking equipment or otherwise having an ignition source nearby. It
also provides adequate notification of the presence of flammable
refrigerants for personnel disposing of appliances containing flammable
refrigerants. The AC and refrigeration industry currently uses red-
colored hoses and piping as means for identifying the use of a
flammable refrigerant based on previous SNAP listings and some industry
standards. Likewise, distinguishing coloring has been used elsewhere to
indicate an unusual and potentially dangerous situation, for example in
the use of orange-insulated wires in hybrid and electric vehicles.
Currently in SNAP listings, color-coded hoses or pipes must be used for
ethane, HFC-32, R-452B, R-454A, R-454B, R-454C, R-457A, R-600a, R-290,
and R-441A in equipment wherever these are listed acceptable, subject
to use conditions.
[[Page 50447]]
All such tubing must be colored red PMS #185 or RAL 3020. As explained
in SNAP Rule 19, one mechanism to distinguish hoses and pipes is to add
a colored plastic sleeve or cap to the service tube (80 FR 19465, April
10, 2015). Other methods, such as a red-colored tape, may be used. The
colored plastic sleeve, cap, or tape must have to be forcibly removed
to access the service tube and must be replaced if removed. This
sleeve, cap, or tape would be of the same red color (PMS #185 or RAL
3020) and could also be boldly marked with a graphic to indicate the
refrigerant was flammable. This could be a cost-effective alternative
to painting or dyeing the hose or pipe.
EPA is requiring the use of color-coded hoses or piping in addition
to requiring the use of warning labels discussed previously. Having two
warning methods is reasonable and consistent with other general
industry practices. This approach is the same as that adopted in our
previous rules on flammable refrigerants (e.g., 76 FR 78832, December
20, 2011; 80 FR 19454, April 10, 2015; 86 FR 24444, May 6, 2021; and 87
FR 45508, July 28, 2022).
EPA proposed a diamond symbol for ``Caution, risk of fire'' that
would be used in addition to the red triangle in Clause 7.6DV D1 of UL
60335-2-89. After considering public comments, EPA is not finalizing a
requirement for the diamond symbol in this rule (see section II.H.3 of
this preamble). However, manufacturers will be required to place either
the red triangle symbol described in UL 60335-2-89, 2nd edition, or the
red diamond symbol that was proposed (for more information, see section
II.H.3 of this preamble), or both.
For those that choose to comply with fire hazard marking in this
rule by using the red-bordered diamond, refer to the symbol which has
been finalized for hazard category 1 flammable gases in the docket for
this rulemaking under the title, ``Final Flammability Hazard Symbol.''
This symbol is included as the warning symbol for hazard category 1
flammable gases in the 9th edition of the GHS for communicating risks
of chemicals. This symbol for hazard category 1 flammable gases is
included in the 4th edition of UL 60335-2-40 (December 2022), UL's most
recent safety standard for air conditioning equipment, heat pumps, and
humidifiers, and is being considered for adoption in the future 3rd
edition of UL 60335-2-89. It is found in section 1.2 of Annex 1 of the
9th edition of the GHS.
For those that choose to comply with fire hazard markings in this
rule by using the red-bordered diamond, this marking shall be placed
near the service port or other location where charging occurs; on the
label on the outside of the unit; and either on the appliance
packaging, if the refrigeration equipment is charged at the factory or
on the nameplate or control panel for the refrigeration equipment that
is charged in place. These locations correspond with the locations for
red markings and for labels 1 and 4 mentioned above on the outside of
the refrigerating unit, and either on the packaging or on the nameplate
or control panel. If used, the diamond symbol for hazard category 1
flammable gases needs to be at least 15 mm (9/16 inches high). The
Agency notes that it may propose to require the adoption of this symbol
in a future rulemaking when a new edition of UL 2-89 is released.
2. What additional information is EPA including in these listings?
For retail food refrigeration, commercial ice machines, IPR, cold
storage warehouses, and ice skating rinks with remote compressors, EPA
is including recommendations, found in the ``Further Information''
column of the regulatory text, to protect personnel from the risks of
using flammable refrigerants. Similar to our previous listings of
flammable refrigerants, EPA is including information on the OSHA
requirements at 29 CFR part 1910, proper ventilation, personal
protective equipment, fire extinguishers, use of spark-proof tools and
equipment designed for flammable refrigerants, and training. Since this
additional information is not part of the regulatory decision under
SNAP, these statements are not binding for use of the substitute under
the SNAP program. While the items listed are not legally binding under
the SNAP program, EPA encourages users of substitutes to apply all
statements in the ``Further Information'' column in their use of these
refrigerants.
3. How is EPA responding to comments on use conditions?
Comment: Four commenters suggested clarifications surrounding
manufacturers' use of R-290 in self-contained products (150 grams or
less). The commenters stated that the proposal references a sunset of
UL 471. They noted that UL will allow manufacturers to continue under
UL 471 and UL 563 requirements until a significant product change is
made or the manufacturer withdraws their file. The commenters stated
that only at that time will R-290 equipment become subject to 60335-2-
89. They asked for EPA to clarify this in the final rule.
Response: EPA thanks the commenters for bringing to our attention
that UL allows manufacturers to continue manufacturing equipment under
UL 471 or UL 563 requirements until a significant product change is
made or the manufacturer withdraws their UL listing file. As discussed
above, certain listings in this final rule include an option for new
equipment using R-290 to be manufactured according to UL 471 and UL 563
if certain criteria are met. Further, we note that UL 471, UL 563, and
UL 60335-2-89 all address the potential hazards of using flammable
refrigerants. Thus, these listings include options for new equipment to
meet any of these standards, provided that, for UL 471 or 563, the
equipment or model was designed and UL-listed according to one of those
standards before the sunset date of UL 471 or UL 563.
Comment: Six commenters requested that EPA align its proposal with
regard to existing safety standards for A2Ls and other flammable
refrigerants. These commenters noted that for the end-uses in the
proposal ASHRAE 15 is the appropriate standard, with UL 60335-2-89 only
applicable in certain end-uses. They noted that equipment is built to
ASHRAE 15, B31.5 or B31.3, National Electrical Code (NEC) and possibly
IIAR standards; therefore, compliance with UL 60335-2-89 for these end-
uses could create conflict within the industry.
Several commenters stated there was misalignment in standards and
the proposal for specific end-uses. Three commenters noted that for
systems located in industrial occupancies, ASHRAE 15 states these
locations do not have to be listed to UL 60335-2-89 and charge limits
do not apply. These commenters stated that some IPR, IPR chiller, cold
storage warehouse, and ice skating rink applications located in
industrial occupancies would fall outside the scope of UL 60335-2-89.
For IPR chillers, a different commenter stated that the application of
UL 60335-2-89 is sufficient to mitigate the risks posed by the use of
A2L refrigerants because of the requirements for preventing ignition of
A2L refrigerants from electrical parts/devices and hot surfaces, the
detection system for A2L refrigerants, the manual of operation,
service, and installation, the warning labels and markings, and the
competence of personnel. Four commenters noted that professional ice
cream appliances are specifically excluded from the scope of UL 60335-
2-89, and that this equipment follows UL 621, which has not been
updated to allow for use of flammable refrigerants.
[[Page 50448]]
One commenter added that for SNAP 26 to apply to ice cream machines the
use conditions must include UL 621 and 60335-2-89.
Response: EPA agrees with the commenters that ASHRAE 15 is an
applicable standard to all the end-uses in this rule, with UL 60335-2-
89 applicable to certain applications in the end-uses of this rule. UL
60335-2-89 should be followed where applicable in addition to the
standard requirements under ASHRAE 15. Based on EPA's review of UL
60335-2-89 and conversations with UL, it is EPA's understanding that
some IPR, IPR chiller, cold storage warehouse, and ice skating rink
applications located in industrial occupancies have not followed UL
60335-2-89 and instead have followed ASHRAE 15. After considering all
the public comments on the proposal, we are finalizing use conditions
requiring ASHRAE 2022-15 for all substitutes listed in this rule and UL
60335-2-89 where it applies, as use conditions for refrigerants in the
end-uses covered by this rulemaking, with modifications in response to
the comments received. In particular, the final regulatory text
requires that (1) ASHRAE 15-2022 applies in all cases and (2) UL 60335-
2-89 applies, with exceptions for equipment that is outside the scope
of UL 60335-2-89, equipment installed in situations where that standard
refers to ``national standards,'' (i.e., ASHRAE 15), and for the
flammability marking identified in in Clause 7.6DV D1 of UL 60335-2-89
(where the equipment must display either or both of the red triangle or
red bordered diamond symbol). To allow for better alignment with the
two industry standards, EPA has revised the regulatory text concerning
UL 60335-2-89 to state, ``These refrigerants may only be used in
refrigeration equipment that meets all requirements in UL 60335-2-89,
except as provided otherwise in UL 60335-2-89, in ASHRAE 15, or in this
listing.'' EPA agrees with the commenters that equipment for
professional (i.e., not household or consumer) ice cream appliances is
not covered by UL 60335-2-89 and instead follows UL 621, Ice Cream
Makers; and as such, ice cream appliances are not covered by this
rulemaking. EPA has revised the regulatory text to state that the
listings for refrigerated processing and dispensing equipment do not
apply to refrigerated processing and dispensing equipment that is
within the scope of UL 621 (Ice Cream Makers).
Determining the coverage of UL standards to applications not
covered in this rule is outside the scope of this rulemaking. New
equipment covered by the end-uses in this rule must comply with ASHRAE
15 in all instances, and with UL 60335-2-89 where applicable. Further,
EPA is allowing for exceptions from the requirement to meet UL 60335-2-
89 for equipment that falls outside that standard's scope, which means
that commercial or professional ice cream makers are not required to
meet that standard. As described in NOTE 103 in UL 60335-2-89, ``This
standard does not apply to . . .
--Appliances using flammable refrigerant in transcritical refrigeration
systems;
--domestic refrigerating appliances (IEC 60335-2-24);
--motor-compressors (IEC 60335-2-34);
--vending machines (IEC 60335-2-75);
--professional ice-cream appliances (IEC 60335-2-118);
--laboratory refrigerators and freezers (for Canada only. In Canada,
the applicable standard for laboratory refrigerators and freezers is
CSA C22.2 No. 61010-2-011.)''
Comment: Three commenters requested that EPA clarify the
terminology in the proposal, noting that both ASHRAE 15 and UL 60335-2-
89 use the term ``releasable charge'' where EPA used the term
``refrigerant charge.'' To ensure alignment and minimize confusion,
they asked EPA to amend the appropriate terminology used in ASHRAE 15
and UL 60335-2-89 standards. One commenter elaborated that the
``releasable charge'' is how much refrigerant can be leaked into the
space, which could be all of the charge for small systems or the
remaining refrigerant after a refrigerant detector identifies a leak
and causes safety solenoids to close and isolate refrigerant in larger
systems. Similarly, two of these commenters noted that ASHRAE and EPA
rely on a different definition of ``independent circuit'' and asked EPA
to align its proposal with the ASHRAE definition.
Response: EPA has clarified the term ``releasable charge'' in the
final risk screens supporting this rule, including amended scenarios
with this measure where appropriate. EPA notes that the releasable
charge may be used to calculate the maximum allowable charge for each
unit or system to which UL 60335-2-89 and/or ASHRAE 15 applies. EPA
agrees with the commenter that the releasable charge is the maximum
quantity of refrigerant that could be released or leaked into the
space. However, we are retaining the proposed term ``refrigerant charge
capacity'' in this rule when referring to charge size limits in the use
conditions for R-454A. The charge size capacity is easily determined by
looking at the nameplate for refrigeration equipment, allowing for ease
of determining compliance and of enforcing regulations. Further, this
allows for consistency with limitations in the 2023 Technology
Transitions Rule, reducing confusion for the regulated community.
Regarding the comment on the definition of ``independent circuit,''
EPA used the term ``refrigerant circuit'' in the proposed rule and did
not use the term ``independent circuit.'' The Agency has used the term
``refrigerant circuit'' in previous SNAP regulations concerning
flammable refrigerants, as well. ASHRAE's definition of ``independent
circuit'' is ``a closed refrigeration circuit that is arranged in such
a manner that, in the event of a single point of failure, the release
of refrigerant is limited to only the quantity contained within the
refrigeration circuit.'' EPA recognizes that the definition of
``independent circuit'' is consistent with the concept of releasable
charge. It is not clear from the comments in which situations the
commenters thought that the Agency should be using ASHRAE's term
``independent circuit.'' However, in response, in this preamble to the
final rule, EPA is clarifying that the charge size or releasable charge
requirements apply to each independent circuit. For example, for a
cascade system, each of the circuits is independent of the others, and
the charge limits apply to individual circuits, not to the entire
cascade system.
Comment: Five commenters flagged inconsistencies with regard to the
charge sizes mentioned in the proposal. These commenters noted that UL
60335-2-89 allows compressor units, condensing units, and condenser
units containing a refrigerant charge over m3 (260 times the LFL) in a
machinery room or outdoors in compliance with ASHRAE 15; meaning that
this part of the system can exceed 260 times the LFL, if installed in a
machinery room or outdoors with additional charge of refrigerant
allowed in parts of the system entering an indoor space. One of these
commenters provided more in-depth comments detailing specific passages
and annexes within the standard for EPA reference. One commenter noted
that there is work ongoing between ASHRAE and UL to align requirements
and provide clarity as to if just the condensing unit, compressor unit,
or evaporating unit must be in a machine room or outdoors (as per UL),
or if all refrigerant containing parts must be in a machine room (as
per ASHRAE).
[[Page 50449]]
Response: EPA thanks the commenters for bringing to our attention
the inconsistencies regarding charge sizes mentioned in the proposal as
it relates to industry standards and the ongoing work to align those
standards. EPA agrees with the commenters that the UL 60335-2-89
standard allows charge over m3 (260 times the LFL) for equipment
located in a machinery room or outdoors in compliance with ASHRAE 15.
In response to these comments, EPA has edited this language in the
final rule by stating in each listing that ``These refrigerants may
only be used in refrigeration equipment that meets all requirements in
UL 60335-2-89,1 2 3 except as provided otherwise in UL
60335-2-89, in ASHRAE 15-2022, or in this listing . . .''
Comment: Several commenters referenced industry standards with
regard to specific refrigerants. A commenter asked that EPA not allow
refrigerant charge limits that exceed U.S. industry safety standards,
noting that the table in Appendix R lists HFC-32, R-290, and R-441A as
``Acceptable subject to use conditions,'' with refrigerant charge
limits of 1,000 g, 300 g, or 330 g. However, they asserted that U.S.
industry safety standards, such as UL 484, UL 60335-2-40, and ASHRAE
15, do not allow these charge limits. Another commenter generally
supported the use of UL 60335-2-89 but noted that the LFL for R-455A
was incorrect in the standard's 2nd edition (0.317 kg/m\3\) while the
3rd edition of UL 60335-2-89 contains the correct LFL value (0.432 kg/
m\3\). The commenter noted that using the value from the 2nd edition
could result in a reduction of allowable charge sizes for R-455A. They
suggested EPA refer to the LFL value for R-455A from the ASHRAE 34-
2022. Three commenters also supported modified use conditions for
hydrocarbons, and specifically R-290, as outlined in UL 60335-2-89.
They noted that the standard allows self-contained equipment with more
than 150 grams and up to 500 grams of A2L and A3 flammable
refrigerants.
Response: EPA did not open for comment the listings for air
conditioning and heat pump equipment in appendix R to 40 CFR part 82,
subpart G mentioned by the commenter. Rather, those entries were
republished ``to bring the table in line with the Office of the Federal
Register's general requirement for orderly codification by: adding
entry numbers, replacing prohibited language, and properly formatting
the footnotes'' (87 FR at 45509; July 28, 2022). EPA considers the
comment on the content of those existing listings to be outside of the
scope of this rulemaking.
In response to the comment regarding the incorrect LFL value from
the standard's 2ndd edition for R-455A, EPA agrees that this value
could result in a reduction of allowable charge sizes for R-455A. In
this final rule and in EPA's finalized risk screens, EPA used 0.432 kg/
m\3\ as the LFL for R-455A, which is the value used in ASHRAE 34-2022.
In this final rule, EPA is modifying use conditions for R-290 to
allow larger charge sizes for retail food refrigeration--stand-alone
units, self-contained retail food refrigeration--refrigerated food
processing and dispensing equipment, and self-contained commercial ice
machines, consistent with UL 60335-2-89. EPA acknowledges the
commenters' support for these listings.
Comment: Three commenters requested that EPA draft the final rule
so that the latest industry standards are always incorporated by
reference. The commenters stated that doing so would increase alignment
with safety standards while decreasing the need for revisions by EPA.
One commenter requested that EPA consider listing additional
refrigerants that were not in the proposal to enable the technology
transitions proposed under the AIM Act.
Response: Regarding the commenters request regarding an automatic
process for updating standards, EPA does not have a process to
automatically incorporate future standards into the rules, as the
Agency must review each particular iteration of a standard to
understand it, determine whether it is appropriate for inclusion in the
SNAP rules, and identify whether there are any concerns and if so how
to address those. Additionally, EPA has often incorporated industry
standards by reference, rather than drafting new language, copying
specific language from industry standards, or recommending rather than
requiring that industry follow standards. Updating the standard
referenced in a SNAP listing involves a change to regulations, and the
Agency uses a notice-and-comment rulemaking process to change the
standard that is incorporated into regulations. EPA will continue to
consider changes to relevant standards, and the Agency may consider
whether any revisions to the SNAP program regulations, including
considering approaches that do not rely on incorporating standards by
reference, should be proposed at a future date.
In response to comments related to listing additional refrigerants
that were not in the proposal to enable technology transitions in
regulations under the AIM Act, EPA notes that the requested additional
listings are outside the scope of this rulemaking. EPA intends to
continue reviewing substitutes under the SNAP program, including
refrigerants that may provide more options to comply with regulations
issued under the Technology Transitions program, as suggested by the
commenters, and consider whether listing of such substitutes is
appropriate under SNAP.
Comment: One commenter noted uncertainty related to ASHRAE 15 in
that it provides information on the use of A2L refrigerants in large
remote systems but does not specify where to place leak detection
equipment; for example, whether leaked refrigerant will dissipate or
accumulate in particular locations. The commenter stated that the
engineer of record designing these applications would need to work
through such situations.
Response: EPA agrees that some situations may call for an engineer
to decide on the implementation of industry standards, particularly in
cases where the standards do not specify information on a particular
topic. Uncertainty, however, related to ASHRAE 15-2022 specifications
on leak detection is outside the scope of this rulemaking.
Comment: Eight commenters provided input on labeling, markings, and
fittings for flammable refrigerants. One commenter added that safety
standards like UL 60335-2-40 and UL 60335-2-89 are developed through a
consensus process with involvement from a wide variety of stakeholders
based on industry research, knowledge, and best practices. One
commenter mentioned that multiple standards recognize a class of less
flammable gases, such as category 1B flammable gases in the 7th edition
of the Globally Harmonized System of Classification and Labeling of
Chemicals (GHS)--to which OSHA recently harmonized its Hazard
Communication Standard. This commenter also stated that fire and
building codes such as the International Code Council and the National
Fire Protection Association's compressed gas code recognize the
differences between flammability classes 2L and 2 and 3 in ASHRAE 34
and category 1A and 1B flammable gases in the GHS and suggested that
EPA should prescribe use conditions according to this distinction to be
consistent with international practice, other Federal agencies,
industry standards and building codes. Two commenters stated that
existing industry standards related to packaging and warning labels are
adequate to
[[Page 50450]]
address safety concerns associated with A2Ls.
Response: EPA agrees with the commenter that safety standards, like
UL 60335-2-40 and UL 60335-2-89, were developed in an open and
consensus-based approach, with the assistance of experts in the AC
industry as well as experts involved in assessing the safety of
products. However, given EPA's stated concern for providing sufficient
warning to technicians, end users, the public, and first responders,
and our understanding that these groups are not sufficiently
represented in the development of the standards, EPA is finalizing use
conditions and the Agency concludes that it is appropriate to impose
different marking and labeling requirements for A2L refrigerants from
those in UL 60335-3-89. The Agency considers these marking and labeling
requirements to attract attention and to provide more warning than the
approach suggested by the commenters for A2L refrigerants. In response
to the comment about consistency with international practice, other
Federal agencies, industry standards and building codes that already
recognize distinctions between 2L and 2 or 3 flammability
classifications, in this final rule we are setting mitigation and
charge requirements that recognize distinctions, consistent with UL
60335-2-89 and ASHRAE 15. The additional requirement for red markings
and similar labeling requirements to standards with the same wording,
but in larger font for A2L refrigerants, will improve visibility of
warnings. This approach is the same as that in our previous rules on
flammable refrigerants (e.g.,76 FR 78832, December 20, 2011; 80 FR
19454, April 10, 2015; and 86 FR 24444, May 6, 2021).
Comment: Commenters provided comments on specific marking
provisions included in the proposed rule. Six commenters noted that
EPA's proposal does not align with existing industry standards, namely
UL 60335-2-89 and/or UL 60335-2-40, that do not require red markings
for mildly flammable refrigerants (i.e., A2Ls) but do require red
markings for A2 and A3 refrigerants that have higher flammability. They
urged EPA to align with existing standards. Five commenters requested
that proposed red marking on pipes, hoses, and other devices for A2L
refrigerants be lessened or removed. Three commenters noted that UL has
removed this requirement for equipment with A2L refrigerants. Two
commenters stated that since A2L refrigerants are much less flammable
than A3 refrigerants, the use of red or colored service port caps would
be sufficient for a technician to distinguish between an A2L system and
an A3 system (e.g., the flame symbol applied to equipment near all
ports for all flammable refrigerants will be an indicator of
flammability to technicians). They stated that the red Pantone[supreg]
marking is justified for A2 and A3 systems, given the significant
flammability identified in testing. Another commenter sought to clarify
EPA's proposal, stating that the way it currently reads, it would mean
that all piping would need to be red. Another commenter asserted that
SNAP should require the red tubing markings on all units containing
flammable refrigerants, inclusive of all A2L, A2, A3 and B2L units for
safety reasons.
A different commenter questioned whether the proposal should be
consistent with the SNAP Rule 25 where Red Pantone[supreg] #185 was
used to indicate the presence of a flammable refrigerant.
Response: EPA is finalizing as proposed to require as a use
condition that the listed refrigerants must be used in refrigerating
equipment that has red, PMS #185 or RAL 3020 marked pipes, hoses, and
other devices through which the refrigerant is serviced, to indicate
the use of a flammable refrigerant. EPA had the same requirement in
SNAP Rule 25.
Consistent with other rules promulgated under CAA section 612,
EPA's requirements of red markings add an extra layer of safety on top
of the labels required under the UL standards, and EPA concludes this
extra protection is appropriate for this listing under SNAP. As
previously noted, these types of red markings would signal to the
technician that the refrigerant circuit that she/he was about to access
contained a flammable refrigerant, even if all warning labels were
somehow removed or were illegible or not understood (e.g., for non-
English speakers), and would provide similar notification to consumers,
retail store owners, building owners and operators, first responders,
and those disposing the appliance. We understand that UL 60335-2-89
treats A2L and A3 refrigerants differently and that red markings are
required by the UL standard for A2 and A3 refrigerants, but not for A2L
refrigerants. For this SNAP listing, as in our past listings for A3
(and also A2L) refrigerants, EPA concluded that it is most important to
warn technicians that there is a flammable refrigerant present, not
whether it is specifically an A2L, A2, or A3 refrigerant. Once warned,
we would expect the technician to then seek to know which refrigerant
is used and to proceed accordingly. While we understand that the
flammability risk can be considered `lower' when using A2L refrigerants
compared to A3 refrigerants because of their higher LFL and higher
minimum ignition energy, a risk does exist compared to nonflammable
refrigerants. The red markings provide an additional warning to
technicians, consumers, retail store owners, building owners and
operators, first responders, and those disposing the appliance. We also
note that the use of red markings is already required for past actions
for flammable refrigerants (76 FR 78832, December 20, 2011; and 80 FR
19454, April 10, 2015; and 86 FR 24444, May 6, 2021), and we are not
aware that the marking requirements have led to any confusion.
Concerning the comment that to meet the proposed use condition, all
piping would need to be red, EPA does not intend such a broad
interpretation of the use condition for red markings. The requirement
is intended to mandate red markings of at least one inch in each
direction to go on locations such as a servicing port or processing
tube. For self-contained equipment that does not have a servicing port
or processing tube, a red marking, ring, or sleeve that extends at
least one inch in each direction from a location on tubing that is
likely or recommended for servicing or recovering refrigerant is
sufficient.
EPA is finalizing that such markings apply to these A2L
refrigerants as well, to establish a common, familiar, and standard
means of identifying the use of a flammable refrigerant. After
considering all the public comments on this proposal, we are finalizing
this use condition as proposed.
Comment: Five commenters mentioned the labeling requirements as
they pertain to SNAP Rules 23 and/or 25. Three commenters asked that
EPA remove the labeling requirements from this rule as well as earlier
SNAP rules to eliminate inconsistencies with existing standards. One
commenter noted concerns around label size, stating that the font must
be legible, but not so large that the label cannot fit on the product.
They noted that small condensing units have limited space and meeting
the existing requirements is a challenge.
Response: EPA agrees with the commenter that the font must be
legible and fit on the product. EPA is finalizing that the labels must
be provided in letters no less than 6.4 mm (1/4 inch) high, as
proposed, as this is a reasonable size even for small condensing units
with limited space. The warning labels EPA is finalizing are similar to
those
[[Page 50451]]
required as use conditions in SNAP Rule 23 and 25 (86 FR 24463, May 6,
2021). Labels indicating flammability risk are critical to assuring
proper identification and handling of equipment containing potentially
dangerous refrigerants. Using a common set of labels aids in
recognition and compliance, especially for a manufacturer that uses
more than one refrigerant. EPA also notes that comments requesting
changes to requirements in other SNAP rules such as SNAP Rule 23 or 25
fall outside the scope of this rulemaking.
Comment: A commenter stated that EPA's proposal to add a new
diamond symbol would unduly burden manufacturers, asserting that the
proposed new symbol fails to serve any additional purpose given the
presence of the red triangle.
Response: The Agency agrees with the comment that requiring the ISO
7000-W021 flammability warning symbol in addition to the one that is
presently required by UL 60335-2-89 may place a burden on
manufacturers. As explained by the commenter, the existing edition of
UL 60336-2-89, the 2nd edition, requires a red triangle while the 3rd
edition under development, which the Agency understands will require a
GHS equal-sided diamond with a red outline and a flame symbol on a
white background for hazard category 1 flammable gases, is not yet
published. The Agency also understands after consulting with fire
service groups that the red triangle symbol in the present edition of
UL 2-89 may not be immediately recognized in the presence of a
flammable refrigerant. This is because a similar black symbol on a
yellow triangle would refer first responder fire servicers to a highly
reactive oxidizer, rather than a flammable substance. This is relevant
because first responders would take different actions for an oxidizer
from those for a flammable substance.
Therefore, rather than requiring both symbols at this time, EPA is
finalizing to incorporate by reference UL 60335-2-89, with the
exception that manufacturers may choose which of the two proposed
flammability symbols to use. Manufacturers may choose to include either
the red triangle warning symbol required in UL 60335-2-89, 2nd edition,
or manufacturers may choose to include the red diamond proposed. At
least one of these two symbols must be placed on refrigeration
equipment covered by this rule that uses flammable (e.g., A2L or A3)
refrigerants. If manufacturers choose to include the red triangle
symbol instructed in the 2nd edition of UL 60335-2-89, then all
requirements, including those that refer to placement and size, must be
followed accordingly. If manufacturers choose to include the red
diamond symbol proposed by EPA, all of the following requirements,
including those that refer to placement and size, must be followed
accordingly. EPA notes that if the diamond symbol is adopted in the 3rd
edition of UL 60335-2-89, manufacturers would be able to use it before
the Agency would adopt the 3rd edition, potentially reducing conflicts
between EPA's regulations and the UL standard.
Comment: Three commenters requested that EPA increase the charge
limits for R-454A in the final rule. One of these commenters requested
that EPA not limit the use of R-454A to less than 200 pounds in the
IPR, cold storage warehouse, and ice skating rink sectors. The
commenter stated that systems in these sectors require charge sizes
larger than 200 pounds and that R-454A is a more energy efficient and
higher capacity alternative with a GWP of less than 150. The commenter
stated that charge limits for systems in these sectors are not
restricted by UL 60355-2-89 and that listing and installation
requirements of this standard would apply to few systems in industrial
occupancies. Another commenter stated that for R-454A applying a 200-
pound charge limit is not appropriate. Another of these commenters
noted that the proposal stated that the 200-pound limit for use of R-
454A in remote condensing units and supermarkets is inconsistent with
ASHRAE 15 and UL 60335-2-89. The commenter stated that systems
following both of the standards could have charge sizes greater than
260 times the LFL, or 200 pounds, if the releasable charges in an
indoor space did not exceed either standard's limits. They requested
that EPA harmonize with UL 60335-2-89 and ASHRAE 15 on charge limits
rather than imposing a charge limit distinct from the safety standards.
This commenter also provided comments on use conditions for R-454A. A
third commenter requested that EPA include language specifying the
allowance of an ``unlimited charge'' of R-454A in cold storage and the
high-temperature side of cascade systems.
Response: EPA acknowledges that the 200-pound limit for remote
condensing units and supermarkets may be inconsistent with ASHRAE 15
and UL 60335-2-89. EPA recognizes that systems following either of
these standards could have charge sizes up to 260 times the LFL, which
under certain circumstances may exceed 200 pounds if the releasable
charge in an indoor space does not exceed either standard's limit.
However, EPA disagrees that the 200-pound limit should be implemented
through using the charge limits that flow out of UL 60335-2-89 or
ASHRAE 15. By requiring this charge limit as its own use condition
separate from the standards, EPA is highlighting that this charge limit
applies, even for use outdoors or in a machinery room. The Agency is
requiring this use condition specifically for R-454A so that users may
select lower-GWP refrigerants such as R-290, R-454C, R-455A, R-457A, R-
516A, or R-744 with GWPs from one to 150, for use in locations that are
not space constrained, such as in machinery rooms or outdoors; the use
condition still allows use of the higher-GWP and higher volumetric
capacity refrigerant R-454A in space-constrained locations. Also see
responses explaining EPA's rationale for listing R-454A for supermarket
systems and remote condensing units with a use condition that
refrigerant charge capacity be less than 200 pounds in sections II.A.6
and II.F.6 of this preamble.
EPA intends in this rule to differentiate between smaller systems
that are used in occupied spaces with public access, where the greater
volumetric capacity of R-454A is needed to fit into more constrained
spaces, versus less constrained (or unconstrained) spaces, such as
outdoors or in machinery rooms. R-454A has a higher GWP than most of
the other refrigerants that EPA is listing in this rule-237 compared to
150 or less-and has a greater volumetric capacity, as pointed out by
the commenters. Thus, it is best used in those situations where it may
be more difficult to use other alternatives with even lower GWPs
because size constraints are greater--namely, where charge sizes would
be less than 200 pounds. In highly constrained spaces, however,
refrigerants with lower volumetric capacity and lower GWP may not
technologically provide sufficient performance, only allowing the use
of a higher-GWP refrigerant, like R-454A. In situations that are less
space constrained and where only the ASHRAE 15 standard governs, such
as in machinery rooms or outdoors, other refrigerants with lower GWP
and lower volumetric capacity may be used and would reduce overall risk
to human health and the environment more than R-454A. Therefore, EPA
disagrees with commenters' requests to allow charge sizes greater than
200 pounds of R-454A in IPR and cold storage warehouses. EPA elaborates
that although the charge limits for some systems in these sectors are
not
[[Page 50452]]
restricted by UL 60335-2-89 for industrial occupancies and could exceed
the 200-pound threshold, under the Technology Transitions Rule (88 FR
73098, October 24, 2023), refrigerants with a GWP between 150 and 300
can still be used in accordance with the Technology Transitions Rule
for charges less than 200 pounds in IPR, supermarket systems, remote
condensing units, and cold storage warehouses, as well as for the high-
temperature side of a cascade system. In light of this limitation and
after consideration of the commenters' requests that EPA include
language specifying the allowance of an ``unlimited charge'' of R-454A
in cold storage and the high-temperature side of cascade systems, EPA
is listing R-454A as proposed in those end-uses. EPA clarifies that
there is not a charge size limit on R-454A in the high-temperature side
of a cascade system for any of the end-uses in this final rule, except
to the extent that such a limit would be needed to be consistent with
UL 60335-2-89 or ASHRAE 15.
For the ice skating rinks end-use, EPA notes that the Agency did
not propose to list R-454A as acceptable, either with or without a
charge size limit. See section II.G.6 of this preamble concerning
comments on listing R-454A as acceptable in ice skating rinks.
I. Exemption for R-290 From the Venting Prohibition Under CAA Section
608 for Refrigerated Food Processing and Dispensing Equipment
1. What is EPA's final determination regarding whether venting,
releasing, or disposing of R-290 in refrigerated food processing and
dispensing equipment would pose a threat to the environment?
Under section 608(c)(2) of the CAA, it is unlawful for any person,
in the course of maintaining, servicing, repairing, or disposing of an
appliance or IPR, to knowingly vent or otherwise knowingly release or
dispose of any substitute substance for a class I or class II substance
used as a refrigerant in such appliance (or IPR) in a manner which
permits such substance to enter the environment. Under section
608(c)(2), this prohibition applies to any substitute refrigerant
unless the Administrator determines that such venting, releasing, or
disposing does not pose a threat to the environment. As discussed in
section II.B of this preamble, EPA is listing the refrigerant
substitute R-290 under the SNAP program as acceptable, subject to use
conditions, in newly manufactured refrigerated food processing and
dispensing equipment. EPA is also exempting R-290 in this end-use from
the venting prohibition under CAA section 608(c)(2), on the basis of
existing evidence that the venting, release, or disposal of this
substance in this end-use and subject to the use conditions in this
final action does not pose a threat to the environment. Further, as
discussed in greater detail below, this exemption is consistent with
decisions in past rulemakings to exempt R-290 in other specific end-
uses from the venting prohibition under CAA section 608(c)(2), and it
reflects EPA's concern that there is not yet sufficient recovery
equipment suitable for use with highly flammable (A3) refrigerants.
For purposes of CAA section 608(c)(2), EPA considers two factors in
determining whether or not venting, release, or disposal of a
substitute refrigerant during the maintenance, servicing, repairing, or
disposing of appliances poses a threat to the environment (69 FR 11948,
March 12, 2004; 79 FR 29682, May 23, 2014; 80 FR 19453, April 10, 2015;
and 81 FR 86778, December 1, 2016). First, EPA analyzes the threat to
the environment due to inherent characteristics of the refrigerant
substitute, such as GWP or photochemical reactivity. Second, EPA
determines whether and to what extent such venting, release, or
disposal actually takes place during the maintenance, servicing,
repairing, or disposing of appliances, and to what extent such actions
are controlled by other authorities, regulations, or practices. To the
extent that such releases are adequately controlled by other
authorities, EPA defers to those authorities.
Potential Environmental Impacts
EPA has evaluated the potential environmental impacts of releasing
into the environment R-290, a substitute refrigerant that we are
listing in this rule as acceptable, subject to use conditions, in
refrigerated food processing and dispensing equipment. We assessed the
potential impact of the release of R-290 on local air quality and its
ability to decompose in the atmosphere to form ground-level ozone, its
ODP, its GWP, and its potential impacts on ecosystems. We found that
the magnitudes of these impacts were not large enough to pose a threat
to the environment. R-290's ODP is zero, and its GWP is approximately
three. R-290 is highly volatile and typically evaporates or partitions
to air, rather than contaminating surface waters. Thus, R-290's effects
on aquatic life are expected to be small.
As to potential effects on local air quality, R-290 meets the
definition of VOC under CAA regulations (40 CFR 51.100(s)) and is not
excluded from that definition for the purpose of developing SIPs to
attain and maintain the NAAQS. R-290's maximum incremental reactivity
(MIR) of 0.56 g O3/g R-290 is higher and more reactive than
that of ethane (MIR of 0.26 g O3/g ethane), which EPA uses
as a threshold to determine whether substances may have negligible
photochemical reactivity in the lower atmosphere (troposphere). EPA
performed air quality modeling on a number of scenarios to determine
whether emissions of HC refrigerants could have a significant impact on
local air quality, particularly in certain cities with particularly
difficult challenges in achieving attainment of the NAAQS for ground-
level ozone. The comparison of HC refrigerant emissions was matched to
the level of the NAAQS for the purposes of illustrating that the even
under a worst-case scenario the projected impacts on ground-level ozone
are small. Based on the analysis and modeling results described in
section II.B.3 of this preamble, EPA concludes that the release of R-
290 from the refrigerated food processing and dispensing end-use, in
addition to the HCs previously exempted from the venting prohibition
and listed as acceptable, subject to use conditions, for their specific
end-uses, is expected to have little impact on local air quality. In
this regard, EPA found particularly noteworthy that even assuming 100
percent market penetration of R-290 and the other acceptable HCs in the
acceptable end-uses, which is a conservative assumption, the highest
impact for a single 8-hour average ozone concentration based on that
analysis would be 0.05 ppb in Los Angeles, 0.008 in Houston, and 0.005
in Atlanta compared to the level of the 2015 ozone NAAQS at 70 ppb.\81\
The highest impact refers to the greatest amount of ground-level ozone
that could be created by the release of R-290 and other HC refrigerants
under the analysis' most conservative scenarios.
---------------------------------------------------------------------------
\81\ ICF, 2016. Additional Follow-on Assessment of the Potential
Impact of Hydrocarbon Refrigerants on Ground Level Ozone
Concentrations. September, 2016.
---------------------------------------------------------------------------
In addition, EPA examined all HC substitute refrigerants in those
uses for which UL currently has standards in place for flammable
refrigerants, for which the SNAP program has already listed the uses as
acceptable, subject to use conditions, and for which the SNAP program
is reviewing a submission, including the one in this action. We found
that even if all the HC refrigerant substitutes in appliances in end-
uses
[[Page 50453]]
listed acceptable, subject to use conditions, in this action and listed
as acceptable in previous rules were to be emitted, as well as two
hydrocarbon refrigerants that EPA ultimately listed as unacceptable in
certain end-uses, there would be a worst-case impact of less than 0.15
ppb for ground-level ozone in the Los Angeles area.\82\ The use
conditions established in the prior SNAP listings limited the total
amount of R-290 in each refrigerant circuit to 60 g or less (for water
coolers) or 150 g or less (for other end-uses), depending on the end-
use. Changes in standards that are incorporated by reference as use
conditions (requirements) in the final SNAP listings in this rule would
allow maximum charge sizes of R-290 up to 494 g in retail food
refrigeration-stand-alone units and retail food refrigeration-
refrigerated food processing and dispensing equipment, and self-
contained commercial ice machines. The analyses also assume R-290 and
other, more reactive HC refrigerants, may also be used in these end-
uses, so our analysis assuming complete market penetration of HCs is
conservative.
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\82\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
---------------------------------------------------------------------------
EPA also has performed more recent air quality analysis before the
publication of this rule, considering additional end-uses and
refrigerants that have been listed acceptable more recently (e.g., R-
1150 in very low temperature refrigeration), looking out to 2040, and
using updated models.\83\ EPA found that the revised air quality models
showed slightly greater impacts compared to our 2014 and 2016 analyses
in all scenarios. For example, in the worst-case scenarios where the
most reactive HC refrigerant reviewed, propylene, was used broadly
across the refrigeration and AC industry, the worst-case increase in
ground-level ozone was 8.62 ppb in Los Angeles in the 2022 analysis
compared to 7.8 ppb in Los Angeles in an analysis in 2016 looking at
the same scenario with the same refrigerant. EPA made this comparison
to see if that refrigerant, which the SNAP program had previously
listed as unacceptable in certain end-uses due to its potential air
quality impacts, would have similar, greater, or less impact using the
updated model for the same scenario compared to the earlier version of
the model. Changes to the Community Multiscale Air Quality (CMAQ)
model, more updated refrigerant emissions estimates from EPA's
Vintaging Model, as well as the longer time-period considered, resulted
in the changes. The 2016 analysis found that even assuming 100 percent
market penetration of R-290 and the other acceptable HCs in the end-
uses where they are already listed as acceptable, subject to use
conditions, or were under review, which is a conservative assumption,
the highest impact for a single 8-hour average ozone concentration
based on the 2016 analysis would be 0.05 ppb in Los Angeles and less
than 0.01 ppb in Houston and Atlanta.\84\ Looking at the 2022 analysis,
in the scenarios that estimated emissions assuming that HC refrigerants
listed as acceptable, subject to use conditions, reached 100 percent
market penetration, the worst-case increase in ground-level ozone in
Los Angeles was 0.012 ppb, in Houston was 0.009 ppb, and in Atlanta was
0.006 ppb. Unlike the 2014 and 2016 analyses, the 2022 analysis did not
include modeling of propylene or the propylene blend R-443A in certain
end-uses, as those refrigerants were listed as unacceptable in SNAP
Rule 21 (81 FR 86778, December 1, 2016). For purposes of the analysis
under CAA section 608(c)(2), the Agency considers the modeled changes
to ground-level ozone levels to be extremely small. For instance, the
modeled impacts on daily maximum 8 hour average ozone concentrations
are less than 0.017 percent of the level of the 2015 ozone NAAQS of 70
ppb.\85\ EPA considers the 2022 modeling to further support the
Agency's earlier conclusions in 2015 and 2016 that use of saturated HCs
as refrigerants, including release of R-290, R-600a, and R-441A during
repairing, maintaining, servicing, or disposing of appliances, would
not result in a significant increase in ground-level ozone, for
purposes of determining whether to exempt these refrigerants in
specific end-uses from the venting prohibition under CAA section
608(c)(2).
---------------------------------------------------------------------------
\83\ ICF, 2022. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May
2022. Updated models included VM IO file_v5.1_10.01.19 and CMAQ
5.2.1 with carbon bond 06 (CB06) mechanism, as cited in ICF, 2022.
\84\ ICF, 2016. Additional Follow-on Assessment of the Potential
Impact of Hydrocarbon Refrigerants on Ground Level Ozone
Concentrations. September 2016.
\85\ ICF, 2020. Op cit.
---------------------------------------------------------------------------
Considering our evaluation of these potential environmental
impacts, EPA concludes that R-290 in the refrigerated food processing
and dispensing end-use is not expected to pose a threat to the
environment on the basis of the inherent characteristics of this
substance and the limited quantities used in the relevant end-use.
Authorities, Controls, or Practices
The determination of whether venting, release, or disposal of a
substitute refrigerant poses a threat to the environment includes
considering whether such venting, release, or disposal is adequately
controlled by other authorities, regulations, or practices. EPA expects
that existing authorities, controls, and/or practices will mitigate
environmental risk from the release of R-290. Analyses performed for
both this rule and the SNAP rules issued in 1994, 2011, 2015, and 2016
(59 FR 13044, March 17, 1994; 76 FR 38832, December 20, 2011; 80 FR
19453, April 10, 2015; and 81 FR 86778, December 1, 2016, respectively)
indicate that existing regulatory requirements and industry practices
limit and control the emission of R-290. For reasons discussed in
proceeding paragraphs, EPA concludes that the limits and controls under
other authorities, regulations, or practices adequately control the
release of and exposure to R-290 and mitigate risks from any possible
release.
Industry service practices and OSHA standards and guidelines that
address HC refrigeration equipment include monitoring efforts,
engineering controls, and operating procedures. OSHA requirements that
apply during servicing include continuous monitoring of explosive gas
concentrations and oxygen levels. In general, HC emissions from
refrigeration systems are likely to be significantly smaller than those
emanating from the industrial process and storage systems, which are
controlled for safety reasons. In Sections II.B.7, ``What updates to
existing use conditions for stand-alone units is EPA finalizing?'' and
II.D.5, ``What updates to existing use conditions for commercial ice
machines is EPA finalizing?'' we note that the amount of R-290 from a
refrigerant loop is effectively limited to roughly 500 g or 300 g in
the end-uses listed in this rule. This indicates that HC emissions from
such uses are likely to be relatively small.
As discussed in Section II.B.3, ``What is R-290 and how does it
compare to other refrigerants in the refrigerated food processing and
dispensing equipment end-use category? '', EPA's SNAP program evaluated
the flammability and toxicity risks from R-290 in the new end-use in
this final rule. EPA is providing some of that information in this
section as well, to provide information on the potential for leaks and
exposure due to R-290.
R-290 is classified as an A3 refrigerant by ASHRAE 34-2022 and
[[Page 50454]]
subsequent addenda, indicating that it has low toxicity and high
flammability. R-290 has an LFL of 2.1 percent. To address flammability
risks, this document provides recommendations and use conditions for
its safe use (see Section II.H.2, ``What additional information is EPA
including in these listings?''). The SNAP program's analysis finds that
the use conditions in this rule will mitigate flammability risks.
Like most refrigerants, at high concentrations HCs can displace
oxygen and cause asphyxiation. Various industry and regulatory
standards exist to address asphyxiation and toxicity risks. The SNAP
program's analysis of asphyxiation and toxicity risks suggests that the
use conditions in this final rule will mitigate asphyxiation and
toxicity risks. Furthermore, it is the Agency's understanding that
flammability risks and occupational exposures to HCs are adequately
regulated by OSHA and building and fire codes at a local and national
level.
The release and/or disposal of many refrigerant substitutes,
including R-290, are controlled by other authorities including various
standards and State and local building codes. The industry consensus
safety standard UL 60335-2-89, which EPA is incorporating by reference
in use conditions in the SNAP listing for R-290 in refrigerated food
processing and dispensing equipment, is one of these standards, and
industry also applies the standard ASHRAE 15. Code-making
organizations, such as the International Code Council (ICC), are in the
process of updating references to the most recent industry standards
that address use of R-290 and other flammable refrigerants in the
International Building Code (IBC). The specific editions of UL 60335-2-
89 and ASHRAE 15 that are incorporated in this rulemaking as use
conditions are in the process of being adopted in the next version of
the IBC; once the IBC adopts those standards, State and localities may
adopt those revisions into their State or local building codes. To the
extent that release during maintaining, repairing, servicing, or
disposing of appliances is controlled by regulations and standards of
other authorities, these practices and controls for the use of R-290
are sufficiently protective. These practices and controls mitigate the
risk to the environment that may be posed by the venting, release, or
disposal of R-290 during the maintaining, servicing, repairing, or
disposing of appliances.
EPA is aware of equipment that can be used to recover HC
refrigerants. While there are no relevant U.S. standards for such
recovery equipment currently, to the extent that R-290 is recovered
rather than vented in specific end-uses and equipment, EPA recommends
the use of recovery equipment designed specifically for flammable
refrigerants in accordance with applicable safe handling practices.
2. What is EPA's final determination regarding whether venting of R-290
from refrigerated food processing and dispensing equipment is exempted
from the venting prohibition under CAA section 608(c)(2)?
Consistent with the listing under SNAP in this action, EPA
determines that venting, releasing, or disposing of R-290 in
refrigerated food processing and dispensing equipment is not expected
to pose a threat to the environment during the maintaining, servicing,
repairing, or disposing of appliances. As discussed in section II.A.1
of this preamble, EPA is making this determination on the basis of the
inherent characteristics of this substance, the limited quantities used
in the relevant end-use, and the limits and controls under other
authorities, regulations, or practices that adequately control the
release of and exposure to R-290 and mitigate risks from any possible
release. Accordingly, EPA is revising the regulations at 40 CFR
82.154(a)(1) to add R-290 in this end-use to the list of substitute
refrigerants that are exempt from the venting prohibition under CAA
section 608(c)(2).
3. When will the exemption from the venting prohibition apply?
This exemption for R-290 in refrigerated food processing and
dispensing equipment applies 30 days after the publication of this
final rule in the Federal Register, on and after July 15, 2024. This is
the same as the effective date of the SNAP listing of R-290 in
refrigerated food processing and dispensing equipment.
4. What is the relationship between this exemption under CAA section
608(c)(2) and other EPA rules?
This final exemption from the CAA section 608(c)(2) venting
prohibition does not mean that R-290 used in refrigerated food
processing and dispensing equipment can be vented in all situations. R-
290 released or otherwise disposed of from commercial and industrial
appliances is likely to be hazardous waste under RCRA (see 40 CFR parts
260 through 270). As discussed in the final rules addressing the
venting of ethane (R-170), R-600a, R-290, and R-441A as refrigerant
substitutes in certain end-uses, incidental releases may occur during
the maintenance, service, and repair of appliances subject to CAA
section 608 (79 FR 29682, May 23, 2014; 80 FR 19454, April 10, 2015; 81
FR 86778, December 1, 2016). Such incidental releases would not be
subject to RCRA requirements for the disposal of hazardous waste, as
such releases would not constitute disposal of the refrigerant charge
as a solid waste, per se. For commercial appliances such as
refrigerated food processing and dispensing equipment, it is likely
that R-290 and other flammable HC refrigerant substitutes would be
classified as hazardous waste, and recycling, reclamation or disposal
of R-290 from such appliances would need to be managed as hazardous
waste under the RCRA regulations (40 CFR parts 260 through 270), unless
it is subject to a limited exception in those regulations if the
ignitable refrigerant is to be reused without first being processed to
remove contamination.
5. How is EPA responding to comments on the exemption for R-290 from
the venting prohibition?
Comment: Four commenters suggested that R-290 should not be exempt
from the CAA section 608 venting prohibition. Three of these commenters
were in favor of applying section 608 to all refrigerants, including
hydrocarbons. One of these commenters supported a prohibition on
venting due to R-290's flammability hazards. Another commenter noted
the flammability concern when larger charge sizes are involved. A
different commenter further specified that R-290's flammability and
safety concerns could be magnified with charge sizes of 494g allowed by
UL 60335-2-89 and potentially other U.S. standards based on proposed
updates (e.g., ASHRAE 15.2). One commenter noted flammability concerns
related to system designs for hydrocarbon refrigerants. They specified
that in these systems, venting does not typically remove all the
refrigerant and the residual hydrocarbon refrigerant can create
flammability concerns if the system is brazed or welded.
Response: For the reasons discussed in Section II.I of this
preamble, ``Exemption for R-290 from the venting prohibition under CAA
section 608 for refrigerated food processing and dispensing
equipment,'' EPA disagrees with the commenters and finds that venting,
release, or disposal of R-290 in the retail food refrigeration--
refrigerated food processing and dispensing end-use and subject to the
use conditions listed in this action does not pose a threat to
[[Page 50455]]
the environment. EPA's decision is based on consideration of multiple
environmental characteristics. The comments do not provide sufficient
analysis to support a reason for EPA to change our proposed conclusion
that the venting permitted by this exemption of these refrigerant
substitutes in these end-uses, subject to the required use conditions,
do not pose a threat to the environment, or to change this final rule
so that they would not be exempt from the venting prohibition. EPA
evaluated risk associated with scenarios with charge sizes larger than
494 g in stand-alone units and refrigerated food processing and
dispensing equipment and concluded that R-290 is acceptable for these
specific end-uses with use conditions according to industry standards.
For example, flammability risks can be addressed for stand-alone units
and refrigerated food processing and dispensing equipment by installing
the equipment in a space with appropriate capacity and charge size for
the intended area, and following manufacturer guidelines and safety
standards (ASHRAE 15, ASHRAE 34, UL 60335-3-89). EPA also notes that
its evaluation of substitutes is based on the information currently
available; proposed updates that are not yet released did not factor
into the listings of this rule. As discussed in the use conditions for
R-290, venting is allowed during the maintenance, servicing, repair, or
disposal of specific appliances, like stand-alone and refrigerated food
processing and dispensing equipment. Regarding the commenter's concern
that venting does not typically remove all the refrigerant from these
systems, EPA responds that proper handling and flammability warning
labels as described in section II.H of this preamble serve a
preventative role by notifying trained personnel handling equipment
about the presence of a flammable refrigerant, even in the unlikely
event that there would be a sufficient residue of R-290 left after
venting to create a flammability risk. EPA has also made the same
finding for R-290 in the past, as well as for other alkane refrigerants
(e.g., R-600a, R-441A). EPA recognizes that there are flammability
risks both during venting and during use of recovery equipment with A3
refrigerants; until the refrigeration and air-conditioning industry has
further development and market penetration of recovery equipment with
non-sparking components, the flammability risks of potentially using
inappropriate recovery equipment with R-290 may be greater than the
flammability risk of controlled releases of R-290 outdoors.
In addition, EPA's exemption from the CAA venting prohibition of
these substances in these end-uses is consistent with how other
countries, including Australia, Japan, and those in the European Union,
regulate the venting of hydrocarbons.
Comment: Four commenters drew comparisons between R-290 and other
refrigerants or classes of refrigerants. Three of these commenters
expressed concern that allowing the venting of one type of flammable
refrigerant may cause confusion in the industry as the use of low-GWP
refrigerants becomes widespread. One commenter noted that if EPA's
rationale for exempting R-290 is its low GWP, then HFOs should likewise
be exempt. This commenter also stated that unlike R-290, HFOs are not
VOC and do not contribute to ground-level ozone. A different commenter
raised a climate impact concern due to the reactivity of R-290 to form
ground-level ozone, which is also a greenhouse gas, and thus R-290
should not be exempted from refrigerant recovery requirements. A
different commenter noted that if hydrocarbons become more widely used,
volumes of hydrocarbons vented could increase; while hydrocarbons
generally have low GWPs, the GWP values do not take into account the
total emissions from the supply chain.
Response: In response to comments about confusion over venting only
one type of flammable refrigerant, EPA notes that technicians should
already be aware of these differences for other types of self-contained
equipment using R-290, R-600a, or R-441A, and this would not change
substantially for refrigerated food processing and dispensing
equipment, which is less common than those other types of self-
contained equipment. Further, it is EPA's understanding that it is
relatively uncommon for self-contained equipment to be serviced,
compared to equipment with remote compressors, so removing R-290 from
equipment would typically occur at disposal of the equipment.
Concerning the comment suggesting that EPA should also exempt HFOs,
EPA did not propose and is not finalizing an exemption for HFOs from
the CAA prohibition to knowingly vent or otherwise knowingly release
refrigerants. EPA disagrees with the comment that R-290's low GWP is
the sole reason EPA is exempting R-290 from the venting prohibition.
EPA has discussed in this section the multiple factors that it
considers, and the fact that HFOs are subject to the venting
prohibition is irrelevant to the R-290 analysis. Further, if EPA were
to evaluate exempting one or more HFOs in a particular end-use from the
venting prohibition, that analysis would appropriately focus on the
inherent characteristics and other authorities, practices and controls
that are relevant to HFOs in that end-use, not on the analysis for R-
290, which differs from HFOs in some respects, such as with respect to
flammability risks and availability of appropriate recovery equipment.
In response to the comment that there is a climate impact from
formation of ground-level ozone, EPA acknowledges that ground-level
ozone is a greenhouse gas; however, given the small additional amounts
of ground-level ozone that EPA has calculated would be generated, even
in the worst case, the additional climate impact is negligible.
Concerning the comment regarding indirect climate impacts from
emissions along the supply chain, EPA acknowledges that there are also
other climate impacts in addition to direct GWP of emissions of a
substitute. However, there would also be the same indirect climate
impacts from emissions along the supply chain, whether EPA exempts R-
290 in refrigerated food processing and dispensing equipment from the
CAA 608(c)(2) venting prohibition or not. The Agency has addressed the
possibility of greater use of HC refrigerants by conservatively
assuming complete market penetration (i.e., being the only refrigerants
used) in all end-uses where there has been interest in the use of
hydrocarbons to date. Thus, after considering public comments received,
EPA's conclusions concerning exempting R-290 in refrigerated food
processing and dispensing equipment remain the same and EPA is
finalizing as proposed.
Comment: A couple of commenters noted concerns related to the
status of R-290 as a VOC. One commenter stated that HC refrigerants are
VOC and can impact local air quality particularly in densely populated
areas that are likely to have the most air conditioning and
refrigeration equipment. Another commenter expressed concern for the
apparent inconsistency presented by the proposed exemption of R-290
from the CAA section 608(c)(2) venting prohibition versus other EPA
regulations where R-290 is not considered VOC-exempt (i.e., is not
excluded from the definition of VOC for the purpose of developing SIPs
to attain and maintain the NAAQS). This commenter stated that R-290 has
a MIR value more than twice the MIR of ethane, which EPA has used as a
[[Page 50456]]
reference point for determining whether to allow a substance to obtain
an VOC exemption. This commenter stated that the EPA should use the
same approach to determine whether propane should be exempt from the
CAA section 608(c)(2) venting prohibition as whether it should be VOC-
exempt. The commenter stated that using a ``worst-case impact
approach'' is inconsistent with previous approaches that determined VOC
exemptions based on information showing that 1) VOC are of low
photochemical reactivity and they can be ignored in oxidant control
programs, or that 2) compounds more reactive than ethane continue to be
considered VOC for regulatory purposes.
Response: In response to these comments, EPA notes that the second
commenter fails to recognize the distinctions between two different
regulatory provisions. To the extent the comments relate to whether
propane should be excluded from the definition of VOC (see 40 CFR
51.100(s)) for the purpose of addressing the development of SIPs to
attain and maintain the NAAQS, they are beyond the scope of this
rulemaking and require no further response. EPA did not reopen and is
not making any changes to 40 CFR 51.100(s) in this action.
EPA's regulations under 40 CFR part 82, subpart F prohibit
individuals from knowingly venting or otherwise releasing into the
environment ozone-depleting substances or their substitutes used as a
refrigerant while maintaining, servicing, repairing, or disposing of
appliances or industrial process refrigeration. See 40 CFR 82.154.
Consistent with section 608(c)(2) of the CAA, EPA has established
regulatory exemptions from this prohibition for certain refrigerants
used in specific end-uses where EPA has determined that the release
does not pose a threat to the environment. The Agency considers
multiple factors on a refrigerant-by-refrigerant basis before deciding
to establish such an exemption from the venting prohibition under 40
CFR 82.154. EPA has previously established exemptions from the venting
prohibition for propane in particular end-uses. See 40 CFR
82.154(a)(1)(viii) (exemption for R-290 in retail food refrigerators
and freezers (stand-alone units only); household refrigerators,
freezers, and combination refrigerators and freezers; self-contained
room air conditioners for residential and light commercial air-
conditioning and heat pumps; vending machines; and self-contained
commercial ice machines, very low temperature refrigeration equipment,
and water coolers). Among other things, in establishing these
exemptions EPA has described the analysis supporting its determination
that venting, releasing, or disposing of propane in the particular end-
uses at issue does not pose a threat to the environment, and it has
explained that the controlled release of propane outdoors may be the
safest option in certain circumstances as many recovery machines are
not equipped to properly recover highly flammable refrigerants (e.g.,
recovery machines without spark proof components).\86\ EPA is taking a
similar approach here and its conclusions are consistent with those
prior EPA actions. The potential environmental impact of releases of
propane and other HC refrigerants in multiple analyses, as described
above in section II.I.1 of this preamble. We considered the inherent
characteristics of these substitute refrigerants and the limited
quantities used in the relevant applications. Those analyses show that
use of saturated HCs as refrigerants, including release of R-290, R-
600a, and R-441A during repairing, maintaining, servicing, or disposing
of appliances, would not result in a significant increase in ground-
level ozone. Based on this review, EPA concludes that the venting,
releasing, or disposing of propane in these end-uses and subject to
these use conditions are not expected to pose a threat to the
environment.
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\86\ 81 FR 86778 at 86801.
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Regarding both commenters' concerns with propane's status as a VOC
and the first commenter's concerns regarding the potential for local
air quality impacts, the Agency clarifies that even if a substance is
defined as a VOC under 40 CFR 51.100(s), it can still be exempted from
the venting prohibition under CAA section 608 and 40 CFR 82.154, if the
appropriate determination under CAA section 608(c)(2) is made. While
EPA may consider a substance's status as a VOC under CAA regulations
(40 CFR 51.100(s)) addressing the development of SIPs to attain and
maintain the NAAQS in making that determination, that may not be the
sole or determinative factor in making a determination under section
608(c)(2), as other factors may also affect whether such venting poses
a threat to the environment. EPA's prior decisions to provide a limited
exemption to the venting prohibition for R-290, and other refrigerants
that are VOC under the Agency's regulatory definition under CAA
regulations (40 CFR 51.100(s)) addressing the development of SIPs to
attain and maintain the NAAQS, in particular end uses are examples of
this result. In those situations, EPA also evaluated potential local
air quality impacts using conservative assumptions and has provided a
limited exemption from the venting prohibition for these substitutes in
these end-uses under section 608(c)(2) of the CAA because the Agency
concluded that it was appropriate to make the statutory determination
that supports the exemption from the venting prohibition. EPA is taking
a similar approach here, as described above in section II.I.1 of this
preamble, and is reaching the same conclusion.
Comment: One commenter expressed concern that EPA has arbitrarily
set a ``de minimis'' part per billion level (i.e., 0.15 ppb resulting
from the Assessment of the Potential Impact of Hydrocarbon Refrigerants
on Ground Level Ozone Concentrations (ICF, 2014) for purposes of
evaluating the ozone impacts of this rule. The commenter also notes
that there is no such impact threshold applied by EPA when considering
whether State Implementation Plans (SIPs) adequately address sources
within a State that may contribute to nonattainment or interference
with maintenance of the NAAQS implying that EPA should not use an ozone
impact threshold for the purposes of evaluating the impacts of this
rule.
Response: EPA disagrees with the commenter that the incremental
value from the 2014 analysis of 0.15 ppb was applied as an arbitrary
``de minimis'' threshold for evaluating local ozone impacts. EPA used
the 2014 analysis containing the 0.15 ppb value in previous SNAP
rulemakings listing HC refrigerants, as well as for this rulemaking, to
illustrate that even the worst-case impact from HC refrigerants,
including R-290, would be small. These analyses were considered as part
of the overall evaluation of risks to human health and the environment
that supported certain listing decisions in this rule, as discussed
above. More recent analyses were performed prior to this rule's
development and came to similar conclusions that potential local air
quality impacts of emissions of saturated hydrocarbons used as
refrigerants would be small; these analyses are in the docket for this
rulemaking. For the SNAP program, as part of the analysis under 40 CFR
82.180(a)(7), the Agency considers whether there will be increased
overall risk to the population due to ambient exposure to increased
ground-level ozone as a result of using the alternative refrigerants in
the final rule, among several other criteria. The commenter appears to
conflate the requirements for evaluating air quality impacts and
general population risk due to exposure
[[Page 50457]]
to increased ground-level ozone for the purpose of SNAP with the
requirements for developing State Implementation Plans to implement the
NAAQS. The two are unrelated. This rule has no effect on development of
State Implementation Plans or other aspects of NAAQS implementation,
and to the extent comments are related to those subjects, they are
beyond the scope of this rulemaking and require no further response.
Finally, as described in this preamble, the more recent air quality
modeling performed in 2022 demonstrated that the largest worst-case
increase in ground-level ozone due to use of acceptable HC refrigerants
was 0.012 ppb, which is even lower than the worst-case value, 0.15 ppb,
from previous analysis in 2014. For purposes of a benchmark for
comparison, the level of the 2015 NAAQS, which is currently in effect,
is 70 ppb (as the fourth-highest daily maximum 8-hour concentration,
averaged across three consecutive years), more than four orders of
magnitude higher.
Comment: One commenter suggested that EPA align its RCRA
regulations to allow for the venting of R-290 and the other flammable
refrigerants as allowed under 40 CFR 82.154(a). The commenter noted
that most of the refrigerated food processing and dispensing end-use
appliances will not be in household locations; therefore, these
appliances will not fall under the RCRA household exemption, and the
refrigerant cannot be vented due to RCRA regulations. The commenter
added that R-290 from the refrigerated food processing and dispensing
end-use will be required to be managed as hazardous waste
(characteristic of ignitability) (e.g., recovered and managed as RCRA
hazardous waste as opposed to venting).
Response: EPA did not propose to revise regulations issued under
RCRA in this rulemaking, and thus the request to revise those rules is
outside the scope of this rulemaking.
J. How is EPA responding to other comments?
Comment: Nine commenters broadly supported Proposed Rule 26. One
commenter added that choice of alternatives is an important factor
regarding assuring economic success of the ozone protection program,
and they are generally supportive of proposed decisions that offer
flexibility of choice and improve overall environmental performance.
Another commenter indicated that they support EPA's application of the
new refrigerants to cold storage warehouses, ice skating rinks, and
industrial processes. A different commenter supported the Agency's
efforts to further enable lower-GWP solutions in the end-uses regulated
under the SNAP program but proposed that standard clarifications,
listing of additional substitutes, use condition modifications, and R-
290 venting prohibitions should be included in the final SNAP Rule 26
to advance the safe and orderly transition to lower-GWP solutions.
These commenters' detailed comments appear under the appropriate
section headings within this document.
Response: EPA acknowledges the commenters' support of the listings
in this rulemaking. EPA is finalizing many listing decisions as
proposed and is finalizing other listing decisions with relatively
minor changes that address and incorporate information provided in
comments as described throughout the preamble. EPA acknowledges the
commenter's concern for the GWPs of various refrigerants and for the
commenter's recognition that new alternatives will be more widely
adopted in the future. EPA plans to continue to review substitutes
consistent with the SNAP program criteria, including atmospheric
impacts such as GWP impacts. EPA addresses comments about standard
clarifications and use conditions in section II.H.2 of this preamble
and R-290 exemptions in section II.I.5 of this preamble.
Comment: One commenter noted support for listing HFO-1234yf. The
commenter stated that industry has made significant investments in
research and development, and expanded capacity for production of HFO
refrigerants, which are used as refrigerants or components in
refrigerant blends.
Response: EPA acknowledges the commenter's support for listing HFO-
1234yf in this rulemaking. EPA is finalizing acceptable listings for
HFO-1234yf as proposed.
Comment: A different commenter provided detailed comments
cautioning against listing HFO-1234yf due to environmental and public
health concerns. This commenter stated that HFO-1234yf stands apart
from the other substitutes because of a higher toxicity concern. They
mentioned a by-product of breakdown called trifluoroacetic acid (TFA)-a
substance they described as a per- and polyfluoroalkyl substance
(PFAS). They stated that these short-chain PFAS are widely detected,
persistent, and mobile in aquatic systems. The commenter noted that the
TFA yield for HFO-1234yf (1.0) is higher than that of HFC-134a (0.2).
They asserted negative impacts of TFA include toxicity to plants, harm
to aquatic organisms, and potential harm to human and ecosystem health.
The commenter urged EPA not to list HFO-1234yf as there are other safer
alternatives available for cold storage, IPR, commercial ice machines,
food retail, chillers, ice skating rink and other end-uses, including
low global warming potential hydrocarbons, carbon dioxide, and ammonia.
Response: EPA appreciates the information provided by a commenter
on the atmospheric decomposition of HFO-1234yf to TFA. We note that
several studies and reports provide further information about this
topic. A 2014 study by Kazil, et al. analyzed TFA deposition in the
United States assuming 100 percent of all motor vehicle air
conditioning systems use HFO-1234yf, which was the largest use of HFO-
1234yf at that time.\87\ The results indicated that rainwater TFA
concentrations, while varying strongly geographically, would on average
be low compared to the levels at which toxic effects are observed in
aquatic systems. Similarly, low TFA concentrations were estimated for
emissions of HFO-1234yf from Asia in a 2021 study by David, et al.\88\
The World Meteorological Organization (WMO) also provided a summary of
key information pertaining to TFA in their 2022 report to the Montreal
Protocol.\89\ The report states:
---------------------------------------------------------------------------
\87\ Kazil et al., 2014. ``Deposition and rainwater
concentrations of trifluoroacetic acid in the United States from the
use of HFO-1234yf'' J. Kazil, S. McKeen, S.-W. Kim, R. Ahmadov, G.A.
Grell, R.K. Talukdar, A.R. Ravishankara. JGR Atmospheres. Volume
119, Issue 24. December 27, 2014. Pages 14,059-14,079. October 31,
2014. Available online at https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2014JD022058.
\88\ David et al., 2021. ``Trifluoroacetic acid deposition from
emissions of HFO-1234yf in India, China, and the Middle East,''
Volume 21, issue 19. Atmos. Chem. Phys., 21, 14833-14849, 2021.
https://doi.org/10.5194/acp-21-14833-2021. Available online at
https://acp.copernicus.org/articles/21/14833/2021.
\89\ WMO, 2022. Executive Summary. Scientific Assessment of
Ozone Depletion: 2022, GAW Report No. 278, 56 pp.; WMO: Geneva,
2022. Available online at https://ozone.unep.org/system/files/documents/Scientific-Assessment-of-Ozone-Depletion-2022-Executive-Summary.pdf.
The formation in the atmosphere of trifluoroacetic acid (TFA) is
expected to increase in the coming decades due to increased use of
HFOs and HCFOs. TFA, a breakdown product of some HFCs, HCFCs, HFOs
and HCFOs, is a persistent chemical with potential harmful effects
on animals, plants, and humans. The concentration of TFA in
rainwater and ocean water is, in general, significantly below known
toxicity limits at present. Potential environmental impacts of TFA
---------------------------------------------------------------------------
require future evaluation due to its persistence. (p. 14)
Most TFA currently found in the environment resulting from
decomposition of refrigerants likely
[[Page 50458]]
derived from HFC-134a, which is being phased down and the use of which
is anticipated to decrease in end-uses where safer alternatives are
found acceptable under the SNAP program. EPA also notes that the
modeling studies referenced generally assume a one-to-one substitution
of HFO-1234yf for HFC-134a to be conservative. Any increase in TFA
deposition due to this rule is expected to be less than the modeled
increases in TFA from studies that found the levels of TFA in the
environment remained, ``too small to be a risk to the environment over
the next few decades.'' Use of HFO-1234yf and concerns about TFA in
applications not addressed by this final rule are outside the scope of
this rulemaking.
There are ongoing evaluations of the potential risks of TFA
exposure. In 2020, the Environmental Effects Assessment Panel (EEAP) to
the Montreal Protocol released an update \90\ to its report on the
environmental effects of stratospheric ozone depletion, UV radiation,
and interactions with climate change, including the potential effects
of TFA from ODS and their substitutes. That report noted that TFA ``has
a no-observed-effect-concentration (NOEC) for aquatic species, which is
typically >10,000 [mu]g/L,'' while ``analysis of 1187 samples of
rainwater collected in eight locations across Germany in 2018-2019
showed median and a precipitation-weighted mean concentration of TFA of
0.210 [mu]g/L and 0.335 [mu]g/L, respectively,'' and ``another recent
paper reported TFA . . . in precipitation in the low [mu]g/L range
across 28 cities in mainland China.'' These studies and others led the
EEAP to state, ``Trifluoroacetic acid continues to be found in the
environment, including in remote regions, although not at
concentrations likely to have adverse toxicological consequences.''
---------------------------------------------------------------------------
\90\ EEAP, 2020. ``Environmental effects of stratospheric ozone
depletion, UV radiation, and interactions with climate change: UNEP
Environmental Effects Assessment Panel, Update 2020.'' Photochemical
& Photobiological Sciences https://doi.org/10.1007/s43630-020-00001-x. Available online at: https://engineering.case.edu/centers/sdle/sites/engineering.case.edu.centers.sdle/files/neale_et_al._-_2021_-_environmental_effects_of_stratospheric_ozone_deple.pdf.
---------------------------------------------------------------------------
In its 2021 Summary Update for Policymakers,\91\ the EEAP stated:
---------------------------------------------------------------------------
\91\ EEAP, 2021. ``Summary Update 2021 for Policymakers'' UNEP
Environmental Effects Assessment Panel. Available online at https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.
TFA likely has natural geochemical sources, is widely used in
industry and research laboratories, and is a by-product of the
synthesis and degradation of fluorinated and perfluorinated
compounds (PFCs) . . . . TFA has recently been found in
precipitation, surface waters, and indoor dust in China . . . ,
although concentrations are below those considered toxic. No
additional studies on the toxicity of TFA to organisms have been
reported, but prior research has shown that this compound is not
highly toxic to mammals and aquatic organisms, although some plants
and algae may be sensitive . . . . At present, it is not possible to
quantify the proportion of anthropogenic sources of TFA resulting
from substances not falling under the purview of the Montreal
Protocol, but available evidence indicates that this breakdown
product is of minimal risk to human health. (p. 10; references in
---------------------------------------------------------------------------
the text omitted here)
Most recently, in its 2022 Assessment Report,\92\ the EEAP stated:
---------------------------------------------------------------------------
\92\ EEAP, 2023. 2022 Assessment Report of Stratospheric Ozone
Depletion, UV Radiation, and Interactions with Climate Change. UNEP,
Environmental Effects Assessment Panel. May, 2023. Available online
at: https://ozone.unep.org/system/files/documents/EEAP-2022-Assessment-Report-May2023.pdf.
TFA has a long environmental lifetime, accumulates in surface
and ground waters, and has been found in blood, drinking water,
beverages, dust, plants, and agricultural soils. However, it does
not interact with biological molecules and, due to its high
solubility in water, it does not bioaccumulate. It is unlikely to
cause adverse effects in terrestrial and aquatic organisms.
Continued monitoring and assessment are nevertheless advised due to
uncertainties in the deposition of TFA and its potential effects on
marine organisms . . . . (p.5)
The Montreal Protocol has led to the replacement of ODSs with
fluorinated chemicals, some of which can undergo degradation in the
atmosphere to give TFA in various yields. TFA is known to have a
long environmental lifetime and accumulates in surface and ground
waters. At present, there are large uncertainties associated with
the concentrations of TFA in various environmental compartments in
some regions, as well as the relative proportion of anthropogenic
sources related to the Montreal Protocol, compared to the other
anthropogenic and natural sources. There is some uncertainty in
toxicity values because of the limited number of marine species
tested. Current and predicted concentrations (to year 2100) of TFA
in the oceans provide a large margin of exposure (thousand-fold)
when compared to thresholds of toxicity. (p. 294)
EPA considers ecotoxicity as a criterion when evaluating
alternatives under SNAP's comparative risk framework, and the Agency
has considered the potential impacts of TFA for the listings in this
rule and in past actions that found HFO-1234yf acceptable in certain
end-uses. For example, EPA studied the potential generation of TFA when
first listing neat (i.e., 100 percent, not in blends) HFO-1234yf as
acceptable, subject to use conditions, in motor vehicle air
conditioning. The myriad studies EPA referenced all concluded that the
additional TFA from HFO-1234yf did not pose a significant additional
risk, even if it were assumed to be used as the only refrigerant in all
refrigeration and air conditioning equipment (76 FR 17492-17493, March
29, 2011). The Agency intends to continue its approach to evaluating
the potential risks from TFA in future SNAP regulations.
With regard to the commenter's stance that safer low-GWP
substitutes than HFO-1234yf currently exist for these end-uses, EPA
disagrees. A number of alternatives can meet low-GWP and safety goals
and EPA evaluates these potential alternatives through a holistic risk
screen analysis with overall impact to human health and the environment
in mind. The SNAP program's aim is to expand the list of available
substitutes that successfully meet conservative risk screen analysis
thresholds so that industry may pull from a number of substances that
can be used in equipment and that suit their functionality and needs.
Risk screens, which can be viewed under this rule's docket, were
performed for industrial process refrigeration, cold storage
warehouses, ice skating rinks, commercial ice machines, and retail food
refrigeration. The findings of these risk screens conclude that HFO-
1234yf does not pose a safety risk if used according to the safety
standards required in this rule's use conditions, such as UL 60335-2-
89. HFO-1234yf has a GWP less than one, is excluded from the regulatory
definition of VOC for the purpose of addressing the development of SIPs
to attain and maintain the NAAQS and can be used without exceeding
health-based exposure limits in the end-uses where it is being listed.
Therefore, EPA does not consider the overall risk to human health and
the environment due to HFO-1234yf in this final rule to be greater than
for other available or potentially available substitutes for the same
uses.
Comment: One commenter noted support for listing HFO-1234ze. The
commenter stated that industry has made significant investments in
research and development and has expanded capacity for production of
HFOs, which are used as refrigerants or components in refrigerant
blends.
Response: EPA acknowledges the commenter's support for listing HFO-
1234ze in this rulemaking. EPA has finalized acceptable listings for
HFO-1234ze(E) as proposed.
Comment: One commenter requested that EPA clarify whether the
mention of
[[Page 50459]]
R-424A on page 33731 of the Proposed Rule should have read R-454A.
Response: EPA agrees and clarifies that the mention of R-424A
should have instead read R-454A. We have updated this language in this
preamble.
Comment: Two commenters expressed support for listing R-455A. They
urged swift action by EPA to approve this substitute. One commenter
added that R-455A will provide industry with additional options to
assist in their transition away from higher-GWP products and will help
users achieve a GWP limit of 150 for certain commercial refrigeration
applications.
Response: EPA acknowledges the commenters' support for listing R-
455A in this rulemaking. EPA is finalizing acceptable listing decisions
for R-455A as proposed, including certain commercial refrigeration
applications.
Comment: Seven commenters noted related aspects of the current
rulemaking to rulemakings under the AIM Act. Three of these commenters
explicitly mentioned this SNAP rulemaking as an opportunity to adopt
lower-GWP refrigerants in line with the objectives of the Technology
Transitions Rule. The three commenters supported EPA listing such
additional low-GWP refrigerants.
One commenter noted that they particularly support certain charge
size limits in some of the approvals, which will help EPA meet its
goals under the proposed Technology Transition rule.
One commenter encouraged EPA to approve refrigerants on a priority
basis for end-uses capable of complying with the HFC restrictions in
the Technology Transitions Rule. The commenter stated that this will
bring about a practical phase down of HFCs in these applications that
are critical to health and human comfort.
Response: EPA plans to continue to review substitutes consistent
with the SNAP program criteria, including atmospheric impacts such as
climate impacts. EPA agrees with commenters that the alternatives
addressed in this SNAP rulemaking will provide additional lower-GWP
options to comply with the HFC restrictions in the Technology
Transition regulations.
Comment: One commenter noted concerns related to a January 1, 2025,
deadline under EPA's regulations implementing the AIM Act for
transitioning to new lower-GWP refrigerants. This commenter stated that
it is not possible to change hundreds of designs, test, and acquire UL
approvals in that time period. The commenter mentioned that if
suppliers cannot provide the equipment needed for this transition it
would have detrimental business consequences. The commenter added that
it is difficult to find qualified engineers to develop these projects;
failure to extend deadlines could potentially cause many small
refrigeration companies to go out of business.
Response: Comments related to EPA's regulations under the AIM Act
are outside the scope of this rulemaking.
Comment: A commenter opposed the use of R-454A (GWP 239) or any
other refrigerant with a GWP greater than 150 in self-contained
equipment that exceeds the 150 GWP limit proposed under the Technology
Transitions Rule.
Response: To the extent that this comment relates to the Technology
Transitions Rule, EPA notes that it is outside the scope of this
rulemaking. To the extent the commenter is referring to self-contained
commercial ice machines, see the response in Section II.C.6 of the
preamble. If the commenter is referring to other self-contained
equipment in addition to self-contained commercial ice machines, EPA
notes that we did not propose to list, and are not listing, any
refrigerants with a GWP greater than 150 in retail food refrigeration--
stand-alone units or retail food refrigeration--refrigerated food
processing and dispensing equipment.
Comment: Three commenters referenced refrigerants or end-uses that
were not part of the proposal. Two commenters referenced standards and
requirements related to residential and light commercial air
conditioning and heat pumps. One of these commenters suggested that
rather than designating a specific numerical charge limit for R-290 in
the sector, the final rule should refer more generally to the maximum
charge size as allowed in UL 484 or UL 60335-2-40, which would provide
a mechanism for automatic adjustment in response to new information.
Another commenter suggested harmonization of U.S. industry safety
standards under UL 60335-2-40 and the ASHRAE 15 standard with the most
recent edition of the IEC 60335-2-40 standard. This commenter stated
that aligning to the IEC standard would accelerate the transition away
from climate polluting substances in many air conditioning and heat-
pump systems, such as R-410A (GWP >2,000), to sustainable alternatives,
such as R-290 (GWP three). This commenter felt that adopting the IEC
standard would usher in uptake of low-GWP refrigerants in the air
conditioning and heat pump sectors, as evidenced by the swift
transition to R-600a (GWP three) in the refrigerator market following a
2017 update to the UL standard. One commenter asked EPA to consider
listing substitutes that are not part of the proposal. They asked for
EPA to consider listing HCFO-1233zd(E) and R-471A for use in commercial
refrigeration generally to assist in the transition away from higher-
GWP refrigerants.
Response: EPA acknowledges these comments expressing support for
hydrocarbons and other lower-GWP refrigerants in AC equipment. EPA did
not propose listings for refrigerants in AC, and therefore, these
comments are outside the scope of this final rule. The Agency may
consider proposing additional listings, including listings for lower-
GWP refrigerants in residential and light commercial air conditioning
and heat pumps, in future rulemakings and may also consider updating
use conditions for existing hydrocarbon listings. The Agency also did
not propose to list R-471A and HCFO-1233zd(E) for use in other end-
uses; therefore, these comments are beyond the scope of this
rulemaking. Every substitute listed under the SNAP program undergoes a
comparative risk analysis for submitted end-uses; the substitutes
suggested by commenters did not undergo risk screen review. To list the
greatest number of low-GWP refrigerant options for industry to use as
is possible, the commenters' suggested substitutes and end-uses will
not be included within the scope of this rulemaking. EPA also notes
that in other listing documents, we have listed both R-471A and HCFO-
1233zd(E) as acceptable in some end-uses, e.g., listing of R-471A as
acceptable in new equipment for retail food refrigeration, IPR, and
cold storage warehouses (88 FR 61977, September 8, 2023).
Comment: One commenter noted that EPA identifies hydrocarbons and
R-717 as secondary refrigerants and asserted that these would not be
used as secondary fluids.
Response: EPA agrees with the commenter that hydrocarbons and R-717
would not typically be used as a secondary fluid that is pumped
throughout a store to cases in a cascade system. Rather, hydrocarbons
and R-717 could be used as the primary refrigerant used to cool a
secondary fluid in a cascade system or secondary loop system. In the
final rule, EPA is revising the statement to read, ``Examples of
secondary fluids include water, brine, propylene glycol, air, and
carbon dioxide (CO2).''
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be
[[Page 50460]]
found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0226. The approved Information Collection Request
includes five types of respondent reporting and recordkeeping
activities pursuant to SNAP regulations: submission of a SNAP petition,
filing a Toxic Substances Control Act (TSCA)/SNAP Addendum,
notification for test marketing activity, recordkeeping for substitutes
acceptable, subject to use restrictions, and recordkeeping for small
volume uses. This rule contains no new requirements for reporting or
recordkeeping.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. This action lists additional options under SNAP for using HFC-32,
HFO-1234yf, HFO-1234ze(E), R-290, R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A in the specified end-uses, but does not mandate such
use. Because equipment for HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A is not manufactured yet in the U.S.
for retail food refrigeration equipment, commercial ice machines, IPR,
cold storage warehouses, and ice skating rinks, no change in business
practice is required to meet the use conditions, resulting in no
adverse impact compared with the absence of this rule. The new use
conditions for R-290 in stand-alone units and self-contained commercial
ice machines were requested by industry and are consistent with the
most recent, updated industry standard. These allow for greater
consistency in business practices for different types of equipment
using the same refrigerant, as well as provide greater flexibility in
designing and manufacturing equipment. Equipment for R-290 already
manufactured prior to the effective date of this rule will not be
required to be changed. Stand-alone units and self-contained commercial
ice machines using R-290 have been subject to similar use conditions,
and thus the updated requirements result in no adverse impact compared
with the absence of this rule. Thus, the rule does not impose new costs
on small entities. We have therefore concluded that this action will
have no net regulatory burden for all directly regulated small
entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any State, local, or Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
Tribal governments, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action. EPA periodically updates Tribal officials on air
regulations through the monthly meetings of the National Tribal Air
Association and will share information on this rulemaking through this
and other fora.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) directs Federal
agencies to include an evaluation of the health and safety effects of
the planned regulation on children in Federal health and safety
standards and explain why the regulation is preferable to potentially
effective and reasonably feasible alternatives. This action is not
subject to Executive Order 13045 because it is not a significant
regulatory action under section 3(f)(1) of Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. While EPA has not conducted a separate analysis of risks to
infants and children associated with this rule, the rule contains use
conditions that reduce exposure risks to the general population, with
the reduction of exposure being most important to the most sensitive
individuals. This action's health and risk assessments are contained in
the comparisons of toxicity for the various substitutes, as well as in
the risk screens for the substitutes that are listed in this rule. The
risk screens are in the docket for this rulemaking. However, EPA's
Policy on Children's Health applies to this action.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act and Incorporation
by Reference
This action involves technical standards. EPA has decided to use
and incorporates by reference UL 60335-2-89, which establishes
requirements for the evaluation of commercial refrigeration equipment
and commercial ice machines and safe use of flammable refrigerants,
among other things. This standard is discussed in greater detail in
section II.H.1 of this preamble.
[[Page 50461]]
UL 60335-2-89, ``Standard for Safety for Household And Similar
Electrical Appliances--Safety--Part 2-89: Particular Requirements for
Commercial Refrigerating Appliances and Ice-Makers with an Incorporated
or Remote Refrigerant Unit or Motor Compressor,'' 2nd edition, October
27, 2021, is available at: https://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-89_2_S_20211027, and may be
purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL
60106; email: [email protected]; Telephone: 1-888-853-3503 in
the U.S. or Canada (other countries dial 1-415-352-2178); internet
address: https://ulstandards.ul.com or https://www.shopulstandards.com.
The cost of the 2021 standard UL 60335-2-89 is $519 for an electronic
copy and $649 for a hard copy. UL also offers a subscription service to
the Standards Certification Customer Library that allows unlimited
access to their standards and related documents. The cost of obtaining
this standard is not a significant financial burden for equipment
manufacturers and purchase is not necessary for those selling,
installing, and servicing the equipment. Therefore, EPA concludes that
the UL standard being incorporated by reference is reasonably
available.
EPA is also incorporating by reference Chapter 2.2, Flammable
Gasses, and Annex 1, Classification and Labelling Summary Tables, of
ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification
and Labelling of Chemicals, Ninth revised edition, copyright 2021,
which define the GHS diamond symbol (pictogram) for hazard category 1
flammable gasses, in the use conditions for hazard labeling of
commercial and industrial refrigeration equipment. Printed versions and
electronic editable versions are available for sale at the United
Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280 and may be purchased by mail at: United
Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172;
by email at [email protected]; and by telephone at 1-703-661-1571. The cost
of the 9th edition of the GHS is $75.00 for an electronic copy or
$150.00 for a printed hard copy. A copyright permission request is not
required for the use of up to 2 graphs, charges, tables, and figures.
The cost of obtaining this standard is not a significant financial
burden for equipment manufacturers or for those selling, installing,
and servicing the equipment. Therefore, EPA concludes that the material
incorporated by reference is reasonably available.
EPA is also incorporating by reference ANSI/ASHRAE Standard 15-
2022, Safety Standard for Refrigeration Systems, copyright 2022, in the
use conditions for refrigerants listed for use in larger refrigeration
equipment (see summary in Section II.A.4 of the preamble) and ANSI/
ASHRAE Standard 34-2022, Designation and Safety Classification of
Refrigerants, copyright 2022, in the use conditions for labeling
refrigeration equipment with the safety classification of the
refrigerant used (see summary in Section II.A.2 of the preamble). These
standards are available at https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources and may be purchased by mail
at: 180 Technology Parkway NW, Peachtree Corners, Georgia 30092; by
telephone: 1-800-527-4723 in the U.S. or Canada. ASHRAE 15-2022 and
ASHRAE 34-2022 are available as a bundle costing $169.00 for an
electronic copy or hard copy. The cost of obtaining the standard is not
a significant financial burden for equipment manufacturers or for those
selling, installing, and servicing the equipment. Therefore, EPA
concludes that the ASHRAE standards incorporated by reference are
reasonably available.
EPA is also incorporating by reference ANSI/ASHRAE Addendum a to
ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of
Refrigerants, ANSI-/ASHRAE-approved December 20, 2022. This standard is
available at https://www.ashrae.org/technical-resources/standards-and-guidelines/standards-addenda. Addenda for ASHRAE standards are
available online in PDF format for free. Addendum a adds burning
velocity data, updates some LFL values, and corrects several
calculation errors that were identified, particularly for RCL values
driven by flammability versus toxicity.
The following standards are already approved for incorporation by
reference at the locations where they appear in the amendatory text: UL
471, UL 541, UL 484, UL 60335-2-24, and UL 60335-2-40.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that the human health or environmental conditions
that exist prior to this action result in or have the potential to
result in disproportionate and adverse human health or environmental
effects on communities with environmental justice concerns. EPA's
analysis indicates that other environmental impacts and human health
impacts of listing HFC-32, HFO-1234yf, HFO-1234ze(E), R-290, R-454A, R-
454B, R-454C, R-455A, R-457A, and R-516A in the end-uses addressed in
this action are comparable to or less than those of other substitutes
that are listed as acceptable for the same end-use. For example, these
alternative refrigerants would likely have lower climate impacts
because of their lower GWPs compared to other available substitutes for
the same uses.
The EPA believes that it is not practicable to assess whether this
action is likely to result in new disproportionate and adverse effects
on communities with environmental justice concerns. Because adoption of
the new substitutes listed in this rule is voluntary, the Agency is
unable to quantify when, where, and how much of the listed substitutes
will be produced and used. Thus, EPA cannot determine the extent to
which this rule will exacerbate or reduce existing disproportionate
adverse effects on communities of color and low-income people as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
However, the listings for HFC-32, HFO-1234yf, HFO-1234ze(E), R-290,
R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the end-uses
addressed in this action provide additional lower-GWP or comparable
alternatives in their respective end-uses. By providing lower-GWP or
comparable alternatives for these end-uses, this rule is anticipated to
reduce the use and eventual emissions of potent greenhouse gases in
these end-uses, which could help to reduce the effects of climate
change, including the existing disproportionate public health and
welfare effects on communities with environmental justice concerns. The
Agency will continue to evaluate the impacts of this program on
communities with environmental justice concerns and consider further
action, as appropriate.
The EPA additionally identified and addressed environmental justice
concerns by conducting and sharing risk screens and air quality
modeling to provide information to the public about the listed
refrigerants contained in this rulemaking. The information supporting
this Executive Order review is contained in the comparison of health
and environmental risks for HFC-32, HFO-1234yf, HFO-1234ze(E), R-290,
R-454A, R-454B, R-454C, R-455A, R-
[[Page 50462]]
457A, and R-516A as well as in the risk screens that are available in
the docket for this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
IV. References
Unless specified otherwise, all documents are available
electronically at regulations.gov, docket number EPA-HQ-OAR-2023-
0043.
ASHRAE, 2022a. ANSI/ASHRAE Standard 15-2022: Safety Standard for
Refrigeration Systems. 2022.
ASHRAE, 2022b. ANSI/ASHRAE Standard 34-2022: Designation and Safety
Classification of Refrigerants. 2022.
ASHRAE, 2022c. Addendum a to ANSI/ASHRAE Standard 34-2022,
Designation and Safety Classification of Refrigerants: ANSI--
approved December 30, 2022.
Carter, 2010. ``Development of the SAPRC-07 Chemical Mechanism and
Updated Ozone Reactivity Scales,'' Report to the California Air
Resources Board by William P.L. Carter. Revised January 27, 2010.
EEAP, 2021. ``Summary Update 2021 for Policymakers'' UNEP
Environmental Effects Assessment Panel. Available online at: https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.
EEAP, 2023. 2022 Assessment Report of Stratospheric Ozone Depletion,
UV Radiation, and Interactions with Climate Change. UNEP,
Environmental Effects Assessment Panel. May, 2023. Available online
at: https://ozone.unep.org/system/files/documents/EEAP-2022-Assessment-Report-May2023.pdf.
GHS, 2021. Pictogram for Hazard Category 1 Flammable Gases from
Annex 1 to the 9th edition of the Global Harmonized System of
Classification and Labelling of Chemicals, 2021. Available online
from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280.
Hodnebrog, et al., 2013. Hodnebrog, [Oslash]., Etminan, M.,
Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen, C.J., Shine,
K.P., and Wallington, T.J. (2013). Global Warming Potentials and
Radiative Efficiencies of Halocarbons and Related Compounds: A
Comprehensive Review, Reviews of Geophysics, 51, 300-378. Available
at: doi.org/10.1002/rog.20013.
ICF, 2014. Assessment of the Potential Impact of Hydrocarbon
Refrigerants on Ground Level Ozone Concentrations. February, 2014.
ICF, 2016. Additional Follow-on Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
September, 2016.
ICF, 2022. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May,
2022.
ICF, 2024a. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: HFO-1234yf.
ICF, 2024b. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg] ze,
Solstice[supreg] 1234ze).
ICF, 2024c. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2024d. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2024e. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2024f. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2024g. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-516A (Forane[supreg] 516A).
ICF, 2024h. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: Propane (R-290).
ICF, 2024i. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: HFC-32.
ICF, 2024j. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: HFO-1234yf.
ICF, 2024k. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2024l. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-454B (Opteon[supreg] XL41).
ICF, 2024m. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2024n. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2024o. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2024p. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-516A (Forane[supreg] 516A).
ICF, 2024q. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: Propane (R-290).
ICF, 2024r. Risk Screen on Substitutes in Industrial Process
Refrigeration (New Equipment); Substitute: HFC-32 (Difluoromethane).
ICF, 2024s. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: HFO-1234yf.
ICF, 2024t. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg] ze,
Solstice[supreg] 1234ze).
ICF, 2024u. Risk Screen on Substitutes in Industrial Process
Refrigeration and Cold Storage Warehouses (New Equipment);
Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2024v. Risk Screen on Substitutes in Industrial Process
Refrigeration (New Equipment); Substitute: R-454B (Opteon[supreg]
XL41).
ICF, 2024w. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2024x. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2024y. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2024z. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-516A (Forane[supreg] 516A).
IPCC, 2007. Climate Change 2007: The Physical Science Basis.
Contribution of Working Group I to the Fourth Assessment Report of
the Intergovernmental Panel on Climate Change. Solomon, S., Qin, D.,
Manning, M., Chen, Z., Marquis, M., Averyt, K.B., Tignor, M., and
Miller, H.L. (eds.). Cambridge University Press. Cambridge, United
Kingdom and New York, NY, USA. Available at: https://www.ipcc.ch/report/ar4/wg1.
Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S., Sulbaek Andersen,
M.P., Hurley, M.D., Wallington, T.J., Singh, R. (2007). Atmospheric
chemistry of CF3CF=CH2: Kinetics and
mechanisms of gas-phase reactions with Cl atoms, OH radicals, and
O3. Chemical Physics Letters 439, 18-22. Available at:
www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf.
UL 471, 2010. Commercial Refrigerators and Freezers. 10th edition.
Supplement SB: Requirements for Refrigerators and Freezers Employing
a Flammable Refrigerant in the Refrigerating System. November 24,
2010.
UL 563, 2009. Standard for Safety: Ice Makers--Supplement SA:
Requirements for Ice Makers Employing a Flammable Refrigerant in the
Refrigerating System, 8th edition, July 31, 2009, including
revisions through November 29, 2013.
UL 60335-2-89, 2021. Household And Similar Electrical Appliances--
Safety--Part 2-89: Particular Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or
Remote Refrigerant Unit or Motor Compressor. 2nd edition. October
27, 2021.
[[Page 50463]]
U.S. EPA, 2020. 2017 National Emissions Inventory Report. U.S.
Environmental Protection Agency. Available online at https://gispub.epa.gov/neireport/2017/.
World Meteorological Organization, 2022. Burkholder et al. Appendix
A, Table A-5 in Scientific Assessment of Ozone Depletion: 2022, GAW
Report No. 278, 509 pp.; WMO, Geneva, Switzerland, https://ozone.unep.org/science/assessment/sap. (WMO, 2022).
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Stratospheric ozone
layer.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, EPA amends 40 CFR part 82
as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart F--Recycling and Emissions Reduction
0
2. Amend Sec. 82.154 by revising paragraph (a)(1)(viii) to read as
follows:
Sec. 82.154 Prohibitions.
(a) * * *
(1) * * *
(viii) Propane (R-290) in retail food refrigerators and freezers--
stand-alone units; household refrigerators, freezers, and combination
refrigerators and freezers; self-contained room air conditioners for
residential and light commercial air-conditioning and heat pumps;
vending machines; self-contained commercial ice machines, very low
temperature refrigeration equipment, and water coolers; and effective
July 15, 2024, retail food refrigeration--refrigerated food processing
and dispensing equipment;
* * * * *
Subpart G--Significant New Alternatives Policy Program
0
3. Amend appendix R to subpart G of part 82 by:
0
a. Revising the heading; and
0
b. Revising the table titled ``Substitutes That Are Acceptable Subject
to Use Conditions.''
The revisions read as follows:
Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011, Final Rule, Effective
February 21, 2012, in the April 10, 2015, Final Rule, Effective May 11,
2015, in the April 28, 2023, Final Rule, Effective May 30, 2023, and in
the June 13, 2024, Final Rule, Effective July 15, 2024
Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Household refrigerators, Isobutane (R-600a), Acceptable subject to As of September 7, 2018: These Applicable OSHA
freezers, and combination Propane (R-290), R- use conditions. refrigerants may be used only in new requirements at 29 CFR
refrigerators and freezers (New 441A. equipment designed specifically and part 1910 must be
equipment only). clearly identified for the refrigerant followed, including those
(i.e., none of these substitutes may at 29 CFR 1910.94
be used as a conversion or (ventilation), 1910.106
``retrofit'' refrigerant for existing (flammable and
equipment designed for a different combustible liquids),
refrigerant). 1910.110 (storage and
These refrigerants may be used only in handling of liquefied
a refrigerator or freezer, or petroleum gases),
combination refrigerator and freezer, 1910.157 (portable fire
that meets requirements listed in UL extinguishers), and
60335-2-24.\1\ \2\ \6\ 1910.1000 (toxic and
hazardous substances).
Proper ventilation should
be maintained at all
times during the
manufacture and storage
of equipment containing
hydrocarbon refrigerants
through adherence to good
manufacturing practices
as per 29 CFR 1910.106.
If refrigerant levels in
the air surrounding the
equipment rise above one-
fourth of the lower
flammability limit, the
space should be evacuated
and re-entry should occur
only after the space has
been properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on
refrigerators and
freezers with these
refrigerants.
Any recovery equipment
used should be designed
for flammable
refrigerants. Any
refrigerant releases
should be in a well-
ventilated area, such as
outside of a building.
Only technicians
specifically trained in
handling flammable
refrigerants should
service refrigerators and
freezers containing these
refrigerants. Technicians
should gain an
understanding of
minimizing the risk of
fire and the steps to use
flammable refrigerants
safely.
[[Page 50464]]
2. Retail Food Refrigeration--stand- Isobutane (R-600a) Acceptable subject to These refrigerants may be used only in Applicable OSHA
alone units only (New equipment Propane (R-290) R- use conditions. new equipment specifically designed requirements at 29 CFR
only) manufactured on or after 441A. and clearly identified for the part 1910 must be
February 21, 2012, and up to but refrigerants (i.e., none of these followed, including those
not including 7/15/2024. substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These substitutes may only be used in 1910.110 (storage and
equipment that meets requirements in handling of liquefied
Supplement SB to UL 471.\1\ \2\ \3\ In petroleum gases),
cases where this listing 2 includes 1910.157 (portable fire
requirements more stringent than those extinguishers), and
of UL 471, the appliance must meet the 1910.1000 (toxic and
requirements of this listing 2 in hazardous substances).
place of the requirements in the UL Proper ventilation should
Standard. be maintained at all
The charge size for the retail food times during the
refrigerator or freezer shall not manufacture and storage
exceed 150 grams (5.3 ounces) in each of equipment containing
circuit. hydrocarbon refrigerants
As provided in clauses SB6.1.2 to through adherence to good
SB6.1.5 of UL 471,\1\ \2\ \3\ the manufacturing practices
following markings shall be attached as per 29 CFR 1910.106.
at the locations provided and shall be If refrigerant levels in
permanent: the air surrounding the
equipment rise above one-
fourth of the lower
flammability limit, the
space should be evacuated
and reentry should occur
only after the space has
been properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective
(a) On or near any evaporators that equipment, including
can be contacted by the consumer: chemical goggles and
``DANGER--Risk of Fire or protective gloves, when
Explosion. Flammable Refrigerant handling propane. Special
Used. Do Not Use Mechanical Devices care should be taken to
To Defrost Refrigerator. Do Not avoid contact with the
Puncture Refrigerant Tubing.'' skin since propane, like
(b) Near the machine compartment: many refrigerants, can
``DANGER--Risk of Fire or Explosion. cause freeze burns on the
Flammable Refrigerant Used. To Be skin.
Repaired Only By Trained Service A Class B dry powder type
Personnel. Do Not Puncture Refrigerant fire extinguisher should
Tubing.'' be kept nearby.
(c) Near the machine compartment: Technicians should only
``CAUTION--Risk of Fire or Explosion. use spark-proof tools
Flammable Refrigerant Used. Consult when working on
Repair Manual/Owner's Guide Before refrigerators and
Attempting To Service This Product. freezers with propane.
All Safety Precautions Must be Recovery equipment
Followed.'' designed for flammable
(d) On the exterior of the refrigerants should be
refrigerator: ``CAUTION--Risk of Fire used.
or Explosion. Dispose of Properly In Only technicians
Accordance With Federal Or Local specifically trained in
Regulations. Flammable Refrigerant handling flammable
Used.'' refrigerants should
(e) Near any and all exposed service refrigerators and
refrigerant tubing: ``CAUTION--Risk of freezers containing this
Fire or Explosion Due To Puncture Of refrigerant. Technicians
Refrigerant Tubing; Follow Handling should gain an
Instructions Carefully. Flammable understanding of
Refrigerant Used.'' minimizing the risk of
All of these markings shall be in fire and the steps to use
letters no less than 6.4 mm (\1/4\ flammable refrigerants
inch) high. safely.
The refrigerator or freezer must have Room occupants should
red, Pantone[supreg] Matching System evacuate the space
#185 or RAL 3020 marked pipes, hoses, immediately following the
and other devices through which the accidental release of
refrigerant is serviced, typically this refrigerant.
known as the service port, to indicate If a service port is added
the use of a flammable refrigerant. then stand-alone retail
This color must be present at all food refrigeration units
service ports and where service using these refrigerants
puncturing or otherwise creating an should have service
opening from the refrigerant circuit aperture fittings that
to the atmosphere might be expected differ from fittings used
(e.g., process tubes). The color mark in equipment or
must extend at least 2.5 centimeters containers using non-
(1 inch) from the compressor and must flammable refrigerant.
be replaced if removed. ``Differ'' means that
either the diameter
differs by at least \1/
16\ inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
[[Page 50465]]
3. Retail Food Refrigeration--stand- Isobutane (R-600a) Acceptable subject to These substitutes may only be used in
alone units only (New equipment Propane (R-290) R- use conditions. equipment that meets requirements of
only) manufactured from 7/15/2024, 441A. either:
through September 29, 2024, or 1. Supplement SB to UL 471 \1\ \2\ \3\
equipment manufactured on or after and listing 2 of this table or
September 30, 2024, except for 2. ASHRAE 15-2022,\1\ \9\ \12\ UL 60335-
equipment manufactured on or after 2-89,\1\ \2\ \8\ and listing 4 of this
September 30, 2024, that remains table.
unchanged, other than cosmetic
changes, from an earlier model or
design that was already certified
to the UL 471 \1\ \2\ \3\ standard
before September 30, 2024.
4. Retail Food Refrigeration--stand- Isobutane (R-600a) Acceptable subject to This refrigerant may be used only in Applicable OSHA
alone units only (New equipment Propane (R-290) R- use conditions. new equipment specifically designed requirements at 29 CFR
only) manufactured on or after 441A. and clearly identified for the part 1910 must be
September 30, 2024, except for refrigerant (i.e., this substitute may followed, including those
equipment manufactured on or after not be used as a conversion or at 29 CFR 1910.94
September 30, 2024, that remains ``retrofit'' refrigerant for existing (ventilation) and
unchanged, other than cosmetic equipment designed for other 1910.106 (flammable and
changes, from an earlier model or refrigerants). combustible liquids),
design that was already certified This refrigerant may be used in new 1910.110 (storage and
to the UL 471 \1\ \2\ \3\ standard stand-alone units if and only if such handling of liquefied
before September 30, 2024. equipment meets all requirements petroleum gases),
listed in ASHRAE 15-2022.\1\ \9\ \12\ 1910.157 (portable fire
In cases where this listing 4 includes extinguishers), and
requirements different than those of 1910.1000 (toxic and
ASHRAE 15-2022, the appliance would hazardous substances).
need to meet the requirements of this Proper ventilation should
listing in addition to the be maintained at all
requirements in ASHRAE 15-2022. times during the
This refrigerant may only be used in manufacture and storage
stand-alone units that meet all of equipment containing
requirements in UL 60335-2-89 \1\ \2\ flammable refrigerants
\8\ except as provided otherwise in UL through adherence to good
60335-2-89, in ASHRAE 15-2022,\1\ \9\ manufacturing practices
\12\ or in this listing 4. In cases as per 29 CFR 1910.106.
where this listing includes If refrigerant levels in
requirements more stringent than those the air surrounding the
of UL 60335-2-89, the appliance must equipment rise above one-
meet the requirements of this listing fourth of the lower
4 in addition to requirements in UL flammability limit, the
60335-2-89. Where similar requirements space should be
of ASHRAE 15-2022 and UL 60335-2-89 evacuated, and reentry
differ, the more stringent or should occur only after
conservative condition shall apply the space has been
unless superseded by this listing 4. properly ventilated.
The following markings must be attached Technicians and equipment
at the locations provided and must be manufacturers should wear
permanent: appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
[[Page 50466]]
(a) On the outside of the equipment: when working on equipment
``DANGER--Risk of Fire Or containing flammable
Explosion. Flammable Refrigerant refrigerants.
Used. To Be Repaired Only By Any recovery equipment
Trained Service Personnel. Do Not used should be designed
Puncture Refrigerant Tubing'' for flammable
(b) On the outside of the equipment: refrigerants. Only
``WARNING--Risk of Fire Or Explosion. technicians specifically
Dispose of Properly In Accordance With trained in handling
Federal Or Local Regulations. flammable refrigerants
Flammable Refrigerant Used.'' should service
(c) On the inside of the equipment near refrigeration equipment
the compressor: ``DANGER--Risk of Fire containing this
OR Explosion. Flammable Refrigerant refrigerant. Technicians
Used. Consult Repair Manual/Owner's should gain an
Guide Before Attempting to Service understanding of
This Product. All Safety Precautions minimizing the risk of
Must be Followed'' fire and the steps to use
(d) For any equipment pre-charged at flammable refrigerants
the factory, on the equipment safely.
packaging or on the outside of the Room occupants should
equipment: ``WARNING--Risk of Fire Due evacuate the space
to Flammable Refrigerant Used. Follow immediately following the
Handling Instructions Carefully in accidental release of
Compliance with National this refrigerant.
Regulations.'' Any person commissioning,
a. If the equipment is delivered maintaining, repairing,
packaged, this label shall be applied decommissioning, and
on the packaging. disposing of appliances
with this refrigerant
should obtain training
and follow practices
consistent with Annex
101.DVT of UL 60355-2-89,
2nd edition.\1\ \2\ \8\
Department of
Transportation
requirements for
transport of flammable
gases must be followed.
Flammable refrigerants
being recovered or
otherwise disposed of
from stand-alone units
are likely to be
hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
b. If the equipment is not
delivered packaged, this label
shall be applied on the outside
of the equipment near the control
panel or nameplate.
(e) On the indoor unit near the
nameplate:
a. At the top of the marking: ``Minimum
Installation height, X m (W ft).''
This marking is only required if
required by UL 60335-2-89. The terms
``X'' and ``W'' shall be replaced by
the numeric height as calculated per
UL 60335-2-89. Note that the
formatting here is slightly different
than UL 60335-2-89; specifically, the
height in Inch-Pound units is placed
in parentheses and the word ``and''
has been replaced by the opening
parenthesis.
b. Immediately below a or at the top of
the marking if a is not required:
``Minimum room area (operating or
storage), Y m\2\ (Z ft\2\).'' The
terms ``Y'' and ``Z'' shall be
replaced by the numeric area as
calculated per UL 60335-2-89. Note
that the formatting here is slightly
different than UL 60335-2-89;
specifically, the area in Inch-Pound
units is placed in parentheses and the
word ``and'' has been replaced by the
opening parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in
a well-ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk Of Fire Or
Explosion--Auxiliary devices which
may be ignition sources shall not
be installed in the ductwork, other
than auxiliary devices listed for
use with the specific appliance.
See instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
[[Page 50467]]
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89,\1\ \2\ \8\ the
equipment may display the GHS warning
symbol for hazard category 1 flammable
gases (black flame on a white
background in a diamond with equal
length sides with a red border), as
defined in Chapter 2.2, Flammable
Gasses, and Annex 1, Classification
and Labelling Summary Tables, of ST/SG/
AC.10/30/Rev.9, Global Harmonized
System (GHS) of Classification and
Labelling of Chemicals, Ninth revised
edition \1\ \13\ \14\ on the following
three locations:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \9\
\10\ \11\ in letters at least one-
third the height of the diamond
symbol.
5. Very low temperature Ethane (R-170)........ Acceptable subject to This refrigerant may be used only in Applicable OSHA
refrigeration. Non-mechanical heat use conditions. new equipment specifically designed requirements at 29 CFR
transfer (New equipment only). and clearly identified for the part 1910 must be
refrigerant (i.e., the substitute may followed, including those
not be used as a conversion or at 29 CFR 1910.94
``retrofit'' refrigerant for existing (ventilation) and
equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This refrigerant may only be used in 1910.110 (storage and
equipment that meets requirements in handling of liquefied
Supplement SB to UL 471.\1\ \2\ \3\ In petroleum gases),
cases where this listing 5 of this 1910.157 (portable fire
table includes requirements more extinguishers), and
stringent than those of UL 471, the 1910.1000 (toxic and
appliance must meet the requirements hazardous substances).
of listing 5 of this table in place of Proper ventilation should
the requirements in UL 471. be maintained at all
The charge size for the equipment must times during the
not exceed 150 g (5.29 oz) in each manufacture and storage
circuit. of equipment containing
As provided in clauses SB6.1.2 to hydrocarbon refrigerants
SB6.1.5 of UL 471,\1\ \2\ \3\ the through adherence to good
following markings must be attached at manufacturing practices
the locations provided and must be as per 29 CFR 1910.106.
permanent: If refrigerant levels in
the air surrounding the
equipment rise above one-
fourth of the lower
flammability limit, the
space should be evacuated
and re-entry should occur
only after the space has
been properly ventilated.
Technicians and equipment
manufacturers
[[Page 50468]]
(a) On or near any evaporators that should wear appropriate
can be contacted by the consumer: personal protective
``DANGER--Risk of Fire or equipment, including
Explosion. Flammable Refrigerant chemical goggles and
Used. Do Not Use Mechanical Devices protective gloves, when
To Defrost Refrigerator. Do Not handling ethane. Special
Puncture Refrigerant Tubing.'' care should be taken to
(b) Near the machine compartment: avoid contact with the
``DANGER--Risk of Fire or Explosion. skin since ethane, like
Flammable Refrigerant Used. To Be many refrigerants, can
Repaired Only By Trained Service cause freeze burns on the
Personnel. Do Not Puncture Refrigerant skin.
Tubing.'' A Class B dry powder type
(c) Near the machine compartment: fire extinguisher should
``CAUTION--Risk of Fire or Explosion. be kept nearby.
Flammable Refrigerant Used. Consult Technicians should only
Repair Manual/Owner's Guide Before use spark-proof tools
Attempting To Service This Product. when working on equipment
All Safety Precautions Must be with flammable
Followed.'' refrigerants.
(d) On the exterior of the Any recovery equipment
refrigerator: ``CAUTION--Risk of Fire used should be designed
or Explosion. Dispose of Properly In for flammable
Accordance With Federal Or Local refrigerants.
Regulations. Flammable Refrigerant Any refrigerant releases
Used.'' should be in a well-
(e) Near any and all exposed ventilated area, such as
refrigerant tubing: ``CAUTION--Risk of outside of a building.
Fire or Explosion Due To Puncture Of Only technicians
Refrigerant Tubing; Follow Handling specifically trained in
Instructions Carefully. Flammable handling flammable
Refrigerant Used.'' refrigerants should
All of these markings must be in service equipment
letters no less than 6.4 mm (\1/4\ containing ethane.
inch) high. Technicians should gain
The refrigeration equipment must have an understanding of
red, Pantone[supreg] Matching System minimizing the risk of
#185 or RAL 3020 marked pipes, hoses, fire and the steps to use
and other devices through which the flammable refrigerants
refrigerant is serviced, typically safely. Room occupants
known as the service port, to indicate should evacuate the space
the use of a flammable refrigerant. immediately following the
This color must be present at all accidental release of
service ports and where service this refrigerant.
puncturing or otherwise creating an If a service port is added
opening from the refrigerant circuit then refrigeration
to the atmosphere might be expected equipment using this
(e.g., process tubes). The color mark refrigerant should have
must extend at least 2.5 centimeters service aperture fittings
(1 inch) from the compressor and must that differ from fittings
be replaced if removed. used in equipment or
containers using non-
flammable refrigerant.
``Differ'' means that
either the diameter
differs by at least \1/
16\ inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
An example of non-
mechanical heat transfer
using this refrigerant
would be use in a
secondary loop of a
thermosiphon.
6. Vending machines (New equipment Isobutane (R-600a), Acceptable subject to These refrigerants may be used only in Applicable OSHA
only). Propane (R-290), R- use conditions. new equipment specifically designed requirements at 29 CFR
441A. and clearly identified for the part 1910 must be
refrigerants (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). Detaching and combustible liquids),
replacing the old refrigeration 1910.110 (storage and
circuit from the outer casing of the handling of liquefied
equipment with a new one containing a petroleum gases),
new evaporator, condenser, and 1910.157 (portable fire
refrigerant tubing within the old extinguishers), and
casing is considered ``new'' equipment 1910.1000 (toxic and
and not a retrofit of the old, hazardous substances).
existing equipment. Proper ventilation should
These substitutes may only be used in be maintained at all
equipment that meets requirements in times during the
Supplement SA to UL 541.\1\ \2\ \5\ In manufacture and storage
cases where this listing 6 of this of equipment containing
table includes requirements more hydrocarbon refrigerants
stringent than those of UL 541, the through adherence to good
appliance must meet the requirements manufacturing practices
of this listing 6 of this table in as per 29 CFR 1910.106.
place of the requirements in UL 541. If refrigerant levels in
The charge size for vending machines the air surrounding the
must not exceed 150 g (5.29 oz) in equipment rise above one-
each circuit. fourth of the lower
As provided in clauses SA6.1.2 to flammability limit, the
SA6.1.5 of UL 541,\1\ \2\ \5\ the space should be evacuated
following markings must be attached at and re-entry should occur
the locations provided and must be only after the space has
permanent: been properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
[[Page 50469]]
(a) On or near any evaporators that A Class B dry powder type
can be contacted by the consumer: fire extinguisher should
``DANGER--Risk of Fire or be kept nearby.
Explosion. Flammable Refrigerant Technicians should only
Used. Do Not Use Mechanical Devices use spark-proof tools
To Defrost Refrigerator. Do Not when working on
Puncture Refrigerant Tubing.'' refrigeration equipment
(b) Near the machine compartment: with flammable
``DANGER--Risk of Fire or Explosion. refrigerants.
Flammable Refrigerant Used. To Be Any recovery equipment
Repaired Only By Trained Service used should be designed
Personnel. Do Not Puncture Refrigerant for flammable
Tubing.'' refrigerants.
(c) Near the machine compartment: Any refrigerant releases
``CAUTION--Risk of Fire or Explosion. should be in a well-
Flammable Refrigerant Used. Consult ventilated area, such as
Repair Manual/Owner's Guide Before outside of a building.
Attempting To Service This Product. Only technicians
All Safety Precautions Must be specifically trained in
Followed.'' handling flammable
(d) On the exterior of the refrigerants should
refrigerator: ``CAUTION--Risk of Fire service refrigeration
or Explosion. Dispose of Properly In equipment containing
Accordance With Federal Or Local these refrigerants.
Regulations. Flammable Refrigerant Technicians should gain
Used.'' an understanding of
(e) Near any and all exposed minimizing the risk of
refrigerant tubing: ``CAUTION--Risk of fire and the steps to use
Fire or Explosion Due To Puncture Of flammable refrigerants
Refrigerant Tubing; Follow Handling safely.
Instructions Carefully. Flammable
Refrigerant Used.''
All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The refrigeration equipment must have
red, Pantone[supreg] Matching System
#185 or RAL 3020 marked pipes, hoses,
and other devices through which the
refrigerant is serviced, typically
known as the service port, to indicate
the use of a flammable refrigerant.
This color must be present at all
service ports and where service
puncturing or otherwise creating an
opening from the refrigerant circuit
to the atmosphere might be expected
(e.g., process tubes). The color mark
must extend at least 2.5 centimeters
(1 inch) from the compressor and must
be replaced if removed.
7. Residential and light-commercial Propane (R-290), R- Acceptable subject to These refrigerants may be used only in Applicable OSHA
air conditioning and heat pumps-- 441A. use conditions. new equipment specifically designed requirements at 29 CFR
self-contained room air and clearly identified for the part 1910 must be
conditioners only (New equipment refrigerants (i.e., none of these followed, including those
only). substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may only be used in 1910.110 (storage and
equipment that meets requirements in handling of liquefied
Supplement SA and Appendices B through petroleum gases),
F of UL 484.\1\ \2\ \4\ In cases where 1910.157 (portable fire
listing 7 of this table includes extinguishers), and
requirements more stringent than those 1910.1000 (toxic and
of UL 484, the appliance must meet the hazardous substances).
requirements of this listing 7 of this Proper ventilation should
table in place of the requirements in be maintained at all
UL 484. times during the
The charge size for the entire air manufacture and storage
conditioner must not exceed the of equipment containing
maximum refrigerant mass determined hydrocarbon refrigerants
according to Appendix F of UL 484 for through adherence to good
the room size where the air manufacturing practices
conditioner is used. The charge size as per 29 CFR 1910.106.
for these three refrigerants must in If refrigerant levels in
no case exceed 1,000 g (35.3 oz or the air surrounding the
2.21 pounds) of propane or 1,000 g equipment rise above one-
(35.3 oz or 2.21 pounds) of R-441A. fourth of the lower
For portable air conditioners, the flammability limit, the
charge size must in no case exceed 300 space should be evacuated
g (10.6 oz or 0.66 pounds) of propane and re-entry should occur
or 330 g (11.6 oz or 0.72 pounds) of R- only after the space has
441A. The manufacturer must design a been properly ventilated.
charge size for the entire air Technicians and equipment
conditioner that does not exceed the manufacturers should wear
amount specified for the unit's appropriate personal
cooling capacity, as specified in protective equipment,
table A, B, C, D, or E of this including chemical
appendix R. goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
[[Page 50470]]
As provided in clauses SA6.1.2 to Any recovery equipment
SA6.1.5 of UL 484,\1\ \2\ \4\ the used should be designed
following markings must be attached at for flammable
the locations provided and must be refrigerants.
permanent: Any refrigerant releases
(a) On the outside of the air should be in a well-
conditioner: ``DANGER--Risk of Fire or ventilated area, such as
Explosion. Flammable Refrigerant Used. outside of a building.
To Be Repaired Only By Trained Service Only technicians
Personnel. Do Not Puncture Refrigerant specifically trained in
Tubing.'' handling flammable
(b) On the outside of the air refrigerants should
conditioner: ``CAUTION--Risk of Fire service air conditioning
or Explosion. Dispose of Properly In equipment containing
Accordance With Federal Or Local these refrigerants.
Regulations. Flammable Refrigerant Technicians should gain
Used.'' an understanding of
(c) On the inside of the air minimizing the risk of
conditioner near the compressor: fire and the steps to use
``CAUTION--Risk of Fire or Explosion. flammable refrigerants
Flammable Refrigerant Used. Consult safely.
Repair Manual/Owner's Guide Before Room occupants should
Attempting To Service This Product. evacuate the space
All Safety Precautions Must be immediately following the
Followed.'' accidental release of
(d) On the outside of each portable air this refrigerant.
conditioner: ``WARNING: Appliance If a service port is added
shall be installed, operated and then air conditioning
stored in a room with a floor area equipment using this
larger the ``X'' m\2\ (Y ft\2\).'' The refrigerant should have
value ``X'' on the label must be service aperture fittings
determined using the minimum room size that differ from fittings
in m\2\ calculated using Appendix F of used in equipment or
UL 484. For R-441A, use a lower containers using non-
flammability limit of 0.041 kg/m\3\ in flammable refrigerant.
calculations in Appendix F of UL 484. ``Differ'' means that
All of these markings must be in either the diameter
letters no less than 6.4 mm (\1/4\ differs by at least \1/
inch) high. 16\ inch or the thread
The air conditioning equipment must direction is reversed
have red, Pantone[supreg] Matching (i.e., right-handed vs.
System #185 or RAL 3020 marked pipes, left-handed). These
hoses, and other devices through which different fittings should
the refrigerant is serviced, typically be permanently affixed to
known as the service port, to indicate the unit at the point of
the use of a flammable refrigerant. service and maintained
This color must be present at all until the end-of-life of
service ports and where service the unit, and should not
puncturing or otherwise creating an be accessed with an
opening from the refrigerant circuit adaptor.
to the atmosphere might be expected Examples of air
(e.g., process tubes). The color mark conditioning equipment in
must extend at least 2.5 centimeters this category include
(1 inch) from the compressor and must window air conditioning
be replaced if removed. units, portable room air
conditioners, and
packaged terminal air
conditioners and heat
pumps.
8. Residential and light-commercial HFC-32................ Acceptable subject to This refrigerant may be used only in Applicable OSHA
air conditioning and heat pumps-- use conditions. new equipment specifically designed requirements at 29 CFR
self-contained room air and clearly identified for the part 1910 must be
conditioners only (New equipment refrigerant (i.e., this substitute may followed, including those
only) manufactured from May 10, not be used as a conversion or at 29 CFR 1910.94
2015, and up to but not including ``retrofit'' refrigerant for existing (ventilation) and
May 30, 2023. equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This refrigerant may only be used in 1910.110 (storage and
equipment that meets all requirements handling of liquefied
in Supplement SA and Appendices B petroleum gases),
through F of UL 484.\1\ \2\ \4\ In 1910.157 (portable fire
cases where this listing 8 of this extinguishers), and
table includes requirements more 1910.1000 (toxic and
stringent than those of UL 484, the hazardous substances).
appliance must meet the requirements Proper ventilation should
of listing 8 of this table in place of be maintained at all
the requirements in UL 484. times during the
The charge size for the entire air manufacture and storage
conditioner must not exceed the of equipment containing
maximum refrigerant mass determined hydrocarbon refrigerants
according to Appendix F of UL 484 for through adherence to good
the room size where the air manufacturing practices
conditioner is used. The manufacturer as per 29 CFR 1910.106.
must design a charge size for the If refrigerant levels in
entire air conditioner that does not the air surrounding the
exceed the amount specified for the equipment rise above one-
unit's cooling capacity, as specified fourth of the lower
in table A, B, C, D, or E of this flammability limit, the
appendix. space should be evacuated
For equipment following this listing 8, and re-entry should occur
and as provided in clauses SA6.1.2 to only after the space has
SA6.1.5 of UL 484,\1\ \2\ \4\ the been properly ventilated.
following markings must be attached at Technicians and equipment
the locations provided and must be manufacturers should wear
permanent: appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
[[Page 50471]]
(a) On the outside of the air Technicians should only
conditioner: ``DANGER--Risk of Fire use spark-proof tools
or Explosion. Flammable Refrigerant when working on air
Used. To Be Repaired Only By conditioning equipment
Trained Service Personnel. Do Not with flammable
Puncture Refrigerant Tubing.'' refrigerants.
(b) On the outside of the air Any recovery equipment
conditioner: ``CAUTION--Risk of Fire used should be designed
or Explosion. Dispose of Properly In for flammable
Accordance With Federal Or Local refrigerants.
Regulations. Flammable Refrigerant Any refrigerant releases
Used.'' should be in a well-
(c) On the inside of the air ventilated area, such as
conditioner near the compressor: outside of a building.
``CAUTION--Risk of Fire or Explosion. Only technicians
Flammable Refrigerant Used. Consult specifically trained in
Repair Manual/Owner's Guide Before handling flammable
Attempting To Service This Product. refrigerants should
All Safety Precautions Must be service refrigeration
Followed.'' equipment containing
(d) On the outside of each portable air these refrigerants.
conditioner: ``WARNING: Appliance Technicians should gain
shall be installed, operated and an understanding of
stored in a room with a floor area minimizing the risk of
larger the ``X'' m\2\ (Y ft\2\).'' The fire and the steps to use
value ``X'' on the label must be flammable refrigerants
determined using the minimum room size safely.
in m\2\ calculated using Appendix F of Room occupants should
UL 484. evacuate the space
All of these markings must be in immediately following the
letters no less than 6.4 mm (\1/4\ accidental release of
inch) high. this refrigerant.
The air conditioning equipment must If a service port is added
have red, Pantone[supreg] Matching then air conditioning
System (PMS) #185 marked pipes, hoses, equipment using this
and other devices through which the refrigerant should have
refrigerant is serviced, typically service aperture fittings
known as the service port, to indicate that differ from fittings
the use of a flammable refrigerant. used in equipment or
This color must be present at all containers using non-
service ports and where service flammable refrigerant.
puncturing or otherwise creating an ``Differ'' means that
opening from the refrigerant circuit either the diameter
to the atmosphere might be expected differs by at least \1/
(e.g., process tubes). The color mark 16\ inch or the thread
must extend at least 2.5 centimeters direction is reversed
(1 inch) from the compressor and must (i.e., right-handed vs.
be replaced if removed. left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
Air conditioning equipment
in this category
includes:
Window air conditioning
units.
Portable room air
conditioners.
Packaged terminal air
conditioners and heat
pumps.
9. Residential and light-commercial HFC-32................ Acceptable subject to This refrigerant may only be used in
air conditioning and heat pumps-- use conditions. equipment that meets all requirements
self-contained room air in either:
conditioners only (New equipment (1) Supplement SA and Appendices B
only) manufactured from May 30, through F of UL 484 \1\ \2\ \4\ and
2023 through January 1, 2024. listing 8 of this table, or
(2) UL 60335-2-40 \1\ \2\ \7\ and
listing 10 of this table.
[[Page 50472]]
10. Residential and light- HFC-32................ Acceptable subject to This refrigerant may be used only in Applicable OSHA
commercial air conditioning and use conditions. new equipment specifically designed requirements at 29 CFR
heat pumps--self-contained room and clearly identified for the part 1910 must be
air conditioners only. (New refrigerant (i.e., this substitute may followed, including those
equipment only) manufactured on or not be used as a conversion or at 29 CFR 1910.94
after January 2, 2024. ``retrofit'' refrigerant for existing (ventilation) and
equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This substitute may only be used in air 1910.110 (storage and
conditioning equipment that meets all handling of liquefied
requirements in UL 60335-2-40 \1\ \2\ petroleum gases), and
\7\ and this listing 10 of this table. 1910.1000 (toxic and
In cases where this listing 10 includes hazardous substances).
requirements more stringent than those Proper ventilation should
of UL 60335-2-40, the appliance must be maintained at all
meet the requirements of this listing times during the
10 in place of the requirements in UL manufacture and storage
60335-2-40. of equipment containing
The following markings must be attached flammable refrigerants
at the locations provided and must be through adherence to good
permanent: manufacturing practices
(a) On the outside of the equipment: as per 29 CFR 1910.106.
``WARNING--Risk of Fire. Flammable If refrigerant levels in
Refrigerant Used. To Be Repaired Only the air surrounding the
By Trained Service Personnel. Do Not equipment rise above one-
Puncture Refrigerant Tubing.'' fourth of the lower
(b) On the outside of the equipment: flammability limit, the
``WARNING--Risk of Fire. Dispose of space should be
Properly In Accordance With Federal Or evacuated, and reentry
Local Regulations. Flammable should occur only after
Refrigerant Used.'' the space has been
(c) On the inside of the equipment near properly ventilated.
the compressor: ``WARNING--Risk of Technicians and equipment
Fire. Flammable Refrigerant Used. manufacturers should wear
Consult Repair Manual/Owner's Guide appropriate personal
Before Attempting to Service This protective equipment,
Product. All Safety Precautions Must including chemical
be Followed.'' goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
Any recovery equipment
used should be designed
for flammable
refrigerants. Only
technicians specifically
trained in handling flam-
[[Page 50473]]
(d) For any equipment pre-charged at mable refrigerants should
the factory, on the equipment service refrigeration
packaging or on the outside of the equipment containing this
equipment: ``WARNING--Risk of Fire refrigerant. Technicians
due to Flammable Refrigerant Used. should gain an
Follow Handling Instructions understanding of
Carefully in Compliance with minimizing the risk of
National Regulations'' fire and the steps to use
a. If the equipment is delivered flammable refrigerants
packaged, this label shall be applied safely.
on the packaging. Room occupants should
b. If the equipment is not delivered evacuate the space
packaged, this label shall be applied immediately following the
on the outside of the equipment near accidental release of
the control panel or nameplate. this refrigerant.
(e) On the equipment near the Personnel commissioning,
nameplate: maintaining, repairing,
a. At the top of the marking: ``Minimum decommissioning and
Installation height, X m (W ft).'' disposing of appliances
This marking is only required if with this refrigerant
required by the UL 60335-2-40. The should obtain training
terms ``X'' and ``W'' shall be and follow practices
replaced by the numeric height as consistent with Annex HH
calculated per UL 60335-2-40. Note of UL 60335-2-40.\2\ \7\
that the formatting here is slightly CAA section 608(c)(2)
different than UL 60335-2-40; prohibits knowingly
specifically, the height in Inch-Pound venting or otherwise
units is placed in parentheses and the knowingly releasing or
word ``and'' has been replaced by the disposing of substitute
opening parenthesis. refrigerants in the
b. Immediately below marking (a) of course of maintaining,
this listing 8 or at the top of the servicing, repairing or
marking if marking (a) is not disposing of an appliance
required: ``Minimum room area or industrial process
(operating or storage), Y m\2\ (Z refrigeration.
ft\2\).'' The terms ``Y'' and ``Z'' Department of
shall be replaced by the numeric area Transportation
as calculated per UL 60335-2-40. Note requirements for
that the formatting here is slightly transport of flammable
different than UL 60335-2-40; gases must be followed.
specifically, the area in Inch-Pound Flammable refrigerants
units is placed in parentheses and the being recovered or
word ``and'' has been replaced by the otherwise disposed of
opening parenthesis. from residential and
(f) For non-fixed equipment, on the light commercial air
outside of the product: ``WARNING-- conditioning appliances
Risk of Fire or Explosion--Store in a are likely to be
well-ventilated room without hazardous waste under the
continuously operating flames or other Resource Conservation and
potential ignition.'' Recovery Act (RCRA) (see
(g) All of these markings must be in 40 CFR parts 260 through
letters no less than 6.4 mm (\1/4\ 270).
inch) high.
The equipment must have red Pantone
Matching System (PMS) #185 or RAL 3020
marked service ports, pipes, hoses, or
other devices through which the
refrigerant passes, to indicate the
use of a flammable refrigerant. This
color must be applied at all service
ports and other parts of the system
where service puncturing or other
actions creating an opening from the
refrigerant circuit to the atmosphere
might be expected and must extend a
minimum of one (1) inch (25mm) in both
directions from such locations and
shall be replaced if removed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004, https://www.epa.gov/dockets, (202) 566-1742. For information on the availability of this material at
NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
\2\ You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1-888-853-3503
in the U.S. or Canada (other countries +1-415-352-2168); email: [email protected]; website: https://ulstandards.ul.com or
www.shopulstandards.com.
\3\ UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
Refrigerant in the Refrigerating System. November 24, 2010.
\4\ UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the
Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
\5\ UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
Refrigerating System. December 30, 2011.
\6\ UL 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--Safety--Part 2-24: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, 2nd edition, dated April 28, 2017.
\7\ UL 60335-2-40, Standard for Safety: Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, dated November 1, 2019.
\8\ UL 60335-2-89, Standard for Safety for Household and Similar Electrical Appliances--Safety--Part 2-89: Particular Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or Remote Refrigerant Unit or Motor-Compressor, 2nd edition, dated October 27, 2021.
\9\ You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology
Parkway NW, Peachtree Corners, Georgia 30092; phone: 1-800-527-4723 or 1-404-636-8400 in the U.S. or Canada; email: [email protected]; website:
https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources.
\10\ ANSI/ASHRAE Standard 34-2022. Designation and Safety Classification of Refrigerants, copyright 2022.
\11\ ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20,
2022.
[[Page 50474]]
\12\ ANSI/ASHRAE Standard 15-2022. Safety Standard for Refrigeration Systems, copyright 2022.
\13\ You may obtain the material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; United
Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; phone: 1-703-661-1571; email: [email protected].
\14\ ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter
2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables.
* * * * *
0
4. Amend appendix V to subpart G of part 82 by:
0
a. Revising the heading; and
0
b. Revising the table titled ``Refrigerants--Acceptable Subject to Use
Conditions''.
The revisions read as follows:
Appendix V to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the December 1,
2016, Final Rule, Effective January 3, 2017, and Listed in the June 13,
2024 Final Rule, Effective July 15, 2024
Refrigerants--Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Commercial ice machines (self- Propane (R-290)....... Acceptable subject to This refrigerant may be used only in Applicable OSHA
contained) (new only) manufactured use conditions. new equipment designed specifically requirements at 29 CFR
from January 3, 2017, and up to and clearly identified for the part 1910 must be
but not including 7/15/2024. refrigerant--i.e., this refrigerant followed, including those
may not be used as a conversion or at 29 CFR 1910.94
``retrofit'' refrigerant for existing (ventilation), 1910.106
equipment. (flammable and
This refrigerant may be used only in combustible liquids),
self-contained commercial ice machines 1910.110 (storage and
that meet requirements listed in handling of liquefied
Supplement SA to UL 563.\1\ \2\ \5\ In petroleum gases),
cases where this rule includes 1910.157 (portable fire
requirements more stringent than those extinguishers), and
in UL 563, the equipment must meet the 1910.1000 (toxic and
requirements of the final rule in hazardous substances).
place of the requirements in the UL Proper ventilation should
Standard. be maintained at all
The charge size must not exceed 150 g times during the
(5.29 oz) in each refrigerant circuit manufacture and storage
of a commercial ice machine. of equipment containing
As provided in clauses SA6.1.1 and hydrocarbon refrigerants
SA6.1.2 of UL 563, the following through adherence to good
markings must be attached at the manufacturing practices
locations provided and must be as per 29 CFR 1910.106.
permanent: If refrigerant levels in
(a) ``DANGER--Risk of Fire or the air surrounding the
Explosion. Flammable Refrigerant Used. equipment rise above one-
Do Not Use Mechanical Devices To fourth of the lower
Defrost Refrigerator. Do Not Puncture flammability limit, the
Refrigerant Tubing.'' This marking space should be evacuated
must be provided on or near any and re-entry should occur
evaporators that can be contacted by only after the space has
the consumer. been properly ventilated.
(b) ``DANGER--Risk of Fire or Technicians and equipment
Explosion. Flammable Refrigerant Used. manufacturers should wear
To Be Repaired Only By Trained Service appropriate personal
Personnel. Do Not Puncture Refrigerant protective equipment,
Tubing.'' This marking must be located including chemical
near the machine compartment. goggles and protective
(c) ``CAUTION--Risk of Fire or gloves, when handling
Explosion. Flammable Refrigerant Used. propane. Special care
Consult Repair Manual/Owner's Guide should be taken to avoid
Before Attempting To Service This contact with the skin
Product. All Safety Precautions Must since propane, like many
be Followed.'' This marking must be refrigerants, can cause
located near the machine compartment. freeze burns on the skin.
(d) ``CAUTION--Risk of Fire or A Class B dry powder type
Explosion. Dispose of Properly In fire extinguisher should
Accordance With Federal Or Local be kept nearby.
Regulations. Flammable Refrigerant Technicians should only
Used.'' This marking must be provided use spark-proof tools
on the exterior of the refrigeration when working on equipment
equipment. with propane.
(e) ``CAUTION--Risk of Fire or Any recovery equipment
Explosion Due To Puncture Of used should be designed
Refrigerant Tubing; Follow Handling for flammable
Instructions Carefully. Flammable refrigerants.
Refrigerant Used.'' This marking must Any refrigerant releases
be provided near all exposed should be in a well-
refrigerant tubing. ventilated area, such as
All of these markings must be in outside of a building.
letters no less than 6.4 mm (\1/4\ Only technicians
inch) high. specifically trained in
The equipment must have red handling flammable
Pantone[supreg] Matching System #185 refrigerants should
marked pipes, hoses, or other devices service equipment
through which the refrigerant passes, containing propane.
to indicate the use of a flammable Technicians should gain
refrigerant. This color must be an understanding of
applied at all service ports and other minimizing the risk of
parts of the system where service fire and the steps to use
puncturing or other actions creating flammable refrigerants
an opening from the refrigerant safely.
circuit to the atmosphere might be Room occupants should
expected and must extend a minimum of evacuate the space
one (1) inch in both directions from immediately following the
such locations. accidental release of
this refrigerant.
If a service port is added
then, commercial ice
machines or equipment
using propane should have
service aperture fittings
that differ from fittings
used in equipment or
containers using non-
flammable refrigerant.
``Differ'' means that
either the diameter
differs by at least \1/
16\ inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit and should not
be accessed with an
adaptor.
[[Page 50475]]
2. Commercial ice machines (self- Propane (R-290)....... Acceptable subject to This refrigerant may be used only in
contained) (new only) manufactured use conditions. self-contained commercial ice machines
on or after 7/15/2024, through that meet requirements in either:
September 29, 2024, or equipment 1. Supplement SA to UL 563 \1\ \2\ \5\
manufactured on or after September and listing 1 of this table or
30, 2024, that remains unchanged, 2. ASHRAE 15-2022,\1\ \7\ \8\ UL 60335-
other than cosmetic changes, from 2-89,\1\ \2\ \6\ and listing 3 of this
an earlier model or design that table.
was already certified to the UL
563 \1\ \2\ \5\ standard before
September 30, 2024.
3. Commercial ice machines (self- Propane (R-290)....... Acceptable subject to This refrigerant may be used only in Applicable OSHA
contained) (new only) use conditions. new equipment specifically designed requirements at 29 CFR
manufacturedon or after September and clearly identified for the part 1910 must be
30, 2024, except for equipment refrigerant (i.e., none of these followed, including those
manufactured on or after September substitutes may be used as a at 29 CFR 1910.94
30, 2024, that remains unchanged, conversion or ``retrofit'' refrigerant (ventilation) and
other than cosmetic changes, from for existing equipment designed for 1910.106 (flammable and
an earlier model or design that other refrigerants). combustible liquids),
was already certified to the UL This refrigerant may be used in new 1910.110 (storage and
563\1\ \2\ \5\ standard before commercial ice machines if and only if handling of liquefied
September 30, 2024. such equipment meets all requirements petroleum gases), and
in ASHRAE 15-2022 \1\ \7\ \8\. In 1910.1000 (toxic and
cases where this listing 3 includes hazardous substances).
requirements different than those of Proper ventilation should
ASHRAE 15-2022 \1\ \7\ \8\ the be maintained at all
appliance would need to meet the times during the
requirements of this listing in place manufacture and storage
of the requirements in ASHRAE 15-2022. of equipment containing
This refrigerant may only be used in flammable refrigerants
commercial ice machines that meet all through adherence to good
requirements in UL 60335-2-89,\1\ \2\ manufacturing practices
\6\ except as provided otherwise in UL as per 29 CFR 1910.106.
60335-2-89, in ASHRAE 15-2022, or in If refrigerant levels in
this listing 3. In cases where this the air surrounding the
listing includes requirements more equipment rise above one-
stringent than those of UL 60335-2-89, fourth of the lower
the appliance must meet the flammability limit, the
requirements of this listing 3 in space should be
place of the requirements in the UL evacuated, and reentry
60335-2-89. Where similar requirements should occur only after
of ASHRAE 15-2022 and UL 60335-2-89 the space has been
differ, the more stringent or properly ventilated.
conservative condition shall apply Technicians and equipment
unless superseded by this listing 3. manufacturers should wear
The following markings must be attached appropriate personal
at the locations provided and must be protective equipment,
permanent: including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
[[Page 50476]]
(a) On the outside of the equipment: Any recovery equipment
``DANGER--Risk of Fire Or used should be designed
Explosion. Flammable Refrigerant for flammable
Used. To Be Repaired Only By refrigerants. Only
Trained Service Personnel. Do Not technicians specifically
Puncture Refrigerant Tubing.'' trained in handling
(b) On the outside of the equipment: flammable refrigerants
``WARNING--Risk of Fire OR Explosion. should service
Dispose of Properly In Accordance With refrigeration equipment
Federal Or Local Regulations. containing this
Flammable Refrigerant Used.'' refrigerant. Technicians
(c) On the inside of the equipment near should gain an
the compressor: ``DANGER--Risk of Fire understanding of
Or Explosion. Flammable Refrigerant minimizing the risk of
Used. Consult Repair Manual/Owner's fire and the steps to use
Guide Before Attempting to Service flammable refrigerants
This Product. All Safety Precautions safely.
Must be Followed.'' Room occupants should
(d) For any equipment pre-charged at evacuate the space
the factory, on the equipment immediately following the
packaging or on the outside of the accidental release of
equipment: ``DANGER--Risk of Fire or this refrigerant.
Explosion due to Flammable Refrigerant Personnel commissioning,
Used. Follow Handling Instructions maintaining, repairing,
Carefully in Compliance with National decommissioning and
Regulations'' disposing of appliances
a. If the equipment is delivered with this refrigerant
packaged, this label shall be applied should obtain training
on the packaging. and follow practices
b. If the equipment is not delivered consistent with Annex
packaged, this label shall be applied 101.DVT of UL 60355-2-
on the outside of the equipment near 89.\1\ \2\ \5\
the control panel or nameplate. Department of
(e) On indoor units near the nameplate: Transportation
requirements for
transport of flammable
gases must be followed.
Flammable refrigerants
being recovered or
otherwise disposed of
from ice machine
appliances are likely to
be hazardous waste under
the Resource Conservation
and Recovery Act (RCRA)
(see 40 CFR parts 260
through 270).
a. At the top of the marking:
``Minimum Installation Height, X
m (W ft)''. This marking is only
required if required by UL 60335-
2-89. The terms ``X'' and ``W''
shall be replaced by the numeric
height as calculated per UL 60335-
2-89. Note that the formatting
here is slightly different than
the UL Standard; specifically,
the height in Inch-Pound units is
placed in parentheses and the
word ``and'' has been replaced by
the opening parenthesis.
b. Immediately below (a) above or
at the top of the marking if (a)
is not required: ``Minimum room
area (operating or storage), Y m
\2\ (Z ft \2\)''. The terms ``Y''
and ``Z'' shall be replaced by
the numeric area as calculated
per UL 60335-2-89. Note that the
formatting here is slightly
different than UL 60335-2-89;
specifically, the area in Inch-
Pound units is placed in
parentheses and the word ``and''
has been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the appliance:
``WARNING--Risk of Fire or
Explosion--Store in a well-
ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk of Fire Or
Explosion--Auxiliary devices which
may be ignition sources shall not
be installed in the ductwork, other
than auxiliary devices listed for
use with the specific appliance.
See instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
[[Page 50477]]
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25 mm) in both
directions from such locations and
shall be replaced if removed.
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the Globally Harmonized System
of Classification and Labelling of
Chemicals GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition \1\
\11\ \12\:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \7\
\9\ \10\ in letters at least one-third
the height of the diamond symbol.
4. Very low temperature Propane (R-290)....... Acceptable subject to As of January 3, 2017: Applicable OSHA
refrigeration equipment (new only). use conditions. This refrigerant may be used only in requirements at 29 CFR
new equipment designed specifically part 1910 must be
and clearly identified for the followed, including those
refrigerant--i.e., this refrigerant at 29 CFR 1910.94
may not be used as a conversion or (ventilation) and
``retrofit'' refrigerant for existing 1910.106 (flammable and
equipment. combustible liquids),
This refrigerant may only be used in 1910.110 (storage and
equipment that meets requirements in handling of liquefied
Supplement SB to UL 471.\1\ \2\ \4\ In petroleum gases),
cases where this listing 4 of this 1910.157 (portable fire
table includes requirements more extinguishers), and
stringent than those of UL 471, the 1910.1000 (toxic and
appliance must meet the requirements hazardous substances).
of this listing 4 of this table in Proper ventilation should
place of the requirements in UL 471. be maintained at all
The charge size for the equipment must times during the
not exceed 150 grams (5.29 ounces) in manufacture and storage
each refrigerant circuit of the very of equipment containing
low temperature refrigeration hydrocarbon refrigerants
equipment. through adherence to good
As provided in clauses SB6.1.2 to manufacturing practices
SB6.1.5 of UL 471, the following as per 29 CFR 1910.106.
markings must be attached at the If refrigerant levels in
locations provided and must be the air surrounding the
permanent: equipment rise above one-
fourth of the lower
flammability limit, the
space should be evacuated
and re-entry should occur
only after the space has
been properly ventilated.
[[Page 50478]]
(a) ``DANGER--Risk of Fire or Technicians and equipment
Explosion. Flammable Refrigerant manufacturers should wear
Used. Do Not Use Mechanical Devices appropriate personal
To Defrost Refrigerator. Do Not protective equipment,
Puncture Refrigerant Tubing.'' This including chemical
marking must be provided on or near goggles and protective
any evaporators that can be gloves, when handling
contacted by the consumer. propane. Special care
(b) ``DANGER--Risk of Fire or should be taken to avoid
Explosion. Flammable Refrigerant Used. contact with the skin
To Be Repaired Only By Trained Service since propane, like many
Personnel. Do Not Puncture Refrigerant refrigerants, can cause
Tubing.'' This marking must be located freeze burns on the skin.
near the machine compartment. A Class B dry powder type
(c) ``CAUTION--Risk of Fire or fire extinguisher should
Explosion. Flammable Refrigerant Used. be kept nearby.
Consult Repair Manual/Owner's Guide Technicians should only
Before Attempting To Service This use spark-proof tools
Product. All Safety Precautions Must when working on equipment
be Followed.'' This marking must be with flammable
located near the machine compartment. refrigerants.
(d) ``CAUTION--Risk of Fire or Any recovery equipment
Explosion. Dispose of Properly In used should be designed
Accordance With Federal Or Local for flammable
Regulations. Flammable Refrigerant refrigerants.
Used.'' This marking must be provided Any refrigerant releases
on the exterior of the refrigeration should be in a well-
equipment. ventilated area, such as
(e) ``CAUTION--Risk of Fire or outside of a building.
Explosion Due To Puncture Of Only technicians
Refrigerant Tubing; Follow Handling specifically trained in
Instructions Carefully. Flammable handling flammable
Refrigerant Used.'' This marking must refrigerants should
be provided near all exposed service equipment
refrigerant tubing. containing propane.
All of these markings must be in Technicians should gain
letters no less than 6.4 mm (\1/4\ an understanding of
inch) high. minimizing the risk of
The equipment must have red fire and the steps to use
Pantone[supreg] Matching System #185 flammable refrigerants
marked pipes, hoses, or other devices safely
through which the refrigerant passes, Room occupants should
to indicate the use of a flammable evacuate the space
refrigerant. This color must be immediately following the
applied at all service ports and other accidental release of
parts of the system where service this refrigerant.
puncturing or other actions creating If a service port is
an opening from the refrigerant added, then very low
circuit to the atmosphere might be temperature equipment
expected and must extend a minimum of using propane should have
one (1) inch in both directions from service aperture fittings
such locations. that differ from fittings
used in equipment or
containers using non-
flammable refrigerant.
``Differ'' means that
either the diameter
differs by at least 1/16
inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
Very low temperature
equipment using propane
may also use another
acceptable refrigerant
substitute in a separate
refrigerant circuit or
stage (e.g., one
temperature stage with
propane and a second
stage with ethane).
5. Water coolers (new only)........ Propane (R-290)....... Acceptable subject to This refrigerant may be used only in Applicable OSHA
use conditions. new equipment designed specifically requirements at 29 CFR
and clearly identified for the part 1910 must be
refrigerant--i.e., this refrigerant followed, including those
may not be used as a conversion or at 29 CFR 1910.94
``retrofit'' refrigerant for existing (ventilation) and
equipment. 1910.106 (flammable and
This refrigerant may be used only in combustible liquids),
water coolers that meet requirements 1910.110 (storage and
listed in Supplement SB to UL 399 \1\ handling of liquefied
\2\ \3\ In cases where this listing 5 petroleum gases),
includes requirements more stringent 1910.157 (portable fire
than those of UL 399, the appliance extinguishers), and
must meet the requirements of this 1910.1000 (toxic and
listing 5 in place of the requirements hazardous substances).
in UL 399. Proper ventilation should
The charge size must not exceed 60 be maintained at all
grams (2.12 ounces) per refrigerant times during the
circuit in the water cooler. manufacture and storage
The equipment must have red of equipment containing
Pantone[supreg] Matching System #185 hydrocarbon refrigerants
marked pipes, hoses, or other devices through adherence to good
through which the refrigerant passes, manufacturing practices
to indicate the use of a flammable as per 29 CFR 1910.106.
refrigerant. This color must be If refrigerant levels in
applied at all service ports and other the air surrounding the
parts of the system where service equipment rise above one-
puncturing or other actions creating fourth of the lower
an opening from the refrigerant flammability limit, the
circuit to the atmosphere might be space should be evacuated
expected and must extend a minimum of and re-entry should occur
one (1) inch in both directions from only after the space has
such locations. been properly ventilated.
As provided in clauses SB6.1.2 to Technicians and equipment
SB6.1.5 of UL 399, the following manufacturers should wear
markings must be attached at the appropriate personal
locations provided and must be protective equipment,
permanent: including chemical
goggles and protective
gloves, when handling
propane. Special care
should be taken to avoid
contact with the skin
since propane, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on equipment
with flammable
refrigerants.
[[Page 50479]]
(a) ``DANGER--Risk of Fire or Any recovery equipment
Explosion. Flammable Refrigerant used should be designed
Used. Do Not Use Mechanical Devices for flammable
To Defrost Refrigerator. Do Not refrigerants.
Puncture Refrigerant Tubing.'' This Any refrigerant releases
marking must be provided on or near should be in a well-
any evaporators that can be ventilated area, such as
contacted by the consumer. outside of a building.
(b) ``DANGER--Risk of Fire or Only technicians
Explosion. Flammable Refrigerant Used. specifically trained in
To Be Repaired Only By Trained Service handling flammable
Personnel. Do Not Puncture Refrigerant refrigerants should
Tubing.'' This marking must be located service equipment
near the machine compartment. containing propane.
(c) ``CAUTION--Risk of Fire or Technicians should gain
Explosion. Flammable Refrigerant Used. an understanding of
Consult Repair Manual/Owner's Guide minimizing the risk of
Before Attempting To Service This fire and the steps to use
Product. All Safety Precautions Must flammable refrigerants
be Followed.'' This marking must be safely.
located near the machine compartment. Room occupants should
(d) ``CAUTION--Risk of Fire or evacuate the space
Explosion. Dispose of Properly In immediately following the
Accordance With Federal Or Local accidental release of
Regulations. Flammable Refrigerant this refrigerant.
Used.'' This marking must be provided If a service port is
on the exterior of the refrigeration added, then water coolers
equipment. or equipment using
(e) ``CAUTION--Risk of Fire or propane should have
Explosion Due To Puncture Of service aperture fittings
Refrigerant Tubing; Follow Handling that differ from fittings
Instructions Carefully. Flammable used in equipment or
Refrigerant Used.'' This marking must containers using non-
be provided near all exposed flammable refrigerant.
refrigerant tubing. ``Differ'' means that
either the diameter
differs by at least 1/16
inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets; (202) 202-1744. For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
\2\ You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1-888-853-3503
in the U.S. or Canada (other countries +1-415-352-2168); email: [email protected]; website: https://ulstandards.ul.com or
www.shopulstandards.com.
\3\ UL 399, Standard for Safety: Drinking Water Coolers- Supplement SB: Requirements for Drinking Water Coolers Employing a Flammable Refrigerant in the
Refrigerating System, 7th edition, dated August 22, 2008, including revisions through October 17, 2013.
\4\ UL 471, Standard for Safety: Commercial Refrigerators and Freezers. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
Refrigerant in the Refrigerating System, 10th edition, dated November 24, 2010.
\5\ UL 563, Standard for Safety: Ice Makers. Supplement SA: Requirements for Ice Makers Employing a Flammable Refrigerant in the Refrigerating System,
8th edition, dated July 31, 2009, including revisions through November 29, 2013.
\6\ UL 60335-2-89, Standard for Safety for Household and Similar Electrical Appliances--Safety--Part 2-89: Particular Requirements for Commercial
Refrigerating Appliances, 2nd edition, dated October 27, 2021.
\7\ You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology
Parkway NW, Peachtree Corners, Georgia 30092; phone: 1-800-527-4723 or 1-404-636-8400 in the U.S. or Canada; email: [email protected]; website:
https://w0ww.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources.
\8\ ANSI/ASHRAE Standard 15-2022. Safety Standard for Refrigeration Systems, copyright 2022,
\9\ ANSI/ASHRAE Standard 34-2022. Designation and Safety Classification of Refrigerants, copyright 2022.
\10\ ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20,
2022.
\11\ You may obtain the UN material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; by
mail: United Nations Publications Customer Service, PO Box 960, Herndon, VA 20172; phone: 1-703-661-1571; email: [email protected].
\12\ ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter
2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables.
* * * * *
0
5. Add appendix Y to subpart G of part 82 to read as follows:
Appendix Y to Subpart G of Part 82--Substitutes Listed in the June 13,
2024, Final Rule, Effective July 15, 2024
[[Page 50480]]
Refrigerants--Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Retail Food Refrigeration--Stand- HFO-1234yf, HFO- Acceptable subject to These refrigerants may be used only in Applicable OSHA
alone units and refrigerated food 1234ze(E), R-454C, R- use conditions. new equipment specifically designed requirements at 29 CFR
processing and dispensing 455A, R-457A, and R- and clearly identified for the part 1910 must be
equipment, excluding refrigerated 516A. refrigerant (i.e., none of these followed, including those
food processing and dispensing substitutes may be used as a at 29 CFR 1910.94
equipment that is within the scope conversion or ``retrofit'' refrigerant (ventilation) and
of UL 621 (Ice Cream Makers) (New for existing equipment designed for 1910.106 (flammable and
only). other refrigerants). combustible liquids),
These refrigerants may be used in stand- 1910.110 (storage and
alone units and refrigerated food handling of liquefied
processing and dispensing equipment if petroleum gases), and
and only if such equipment meets 1910.1000 (toxic and
requirements listed in ASHRAE 15- hazardous substances).
2022.\1\ \4\ \5\ In cases where this It is the obligation of
listing includes requirements regulated entitles to
different than those of ASHRAE 15- inform themselves of and
2022, the appliance would need to meet comply with any other
the requirements of this listing 1 in applicable legal
place of the requirements in ASHRAE 15- obligations or
2022. restrictions.
These refrigerants may only be used in Proper ventilation should
refrigeration equipment that meets all be maintained at all
requirements in UL 60335-2-89,\1\ \2\ times during the
\3\ except as provided otherwise in UL manufacture and storage
60335-2-89, in ASHRAE 15-2022, or in of equipment containing
this listing 1. This listing 1 does flammable refrigerants
not apply to refrigerated food through adherence to good
processing and dispensing equipment manufacturing practices
that is within the scope of UL 621 as per 29 CFR 1910.106.
(Ice Cream Makers). In cases where If refrigerant levels in
this listing includes requirements the air surrounding the
more stringent than those of UL 60335- equipment rise above one-
2-89, the appliance must meet the fourth of the lower
requirements of this listing 1 in flammability limit, the
place of the requirements in UL 60335- space should be
2-89. Where similar requirements of evacuated, and reentry
ASHRAE 15-2022 and UL 60335-2-89 should occur only after
differ, the more stringent or the space has been
conservative condition shall apply properly ventilated.
unless superseded by this listing 1. Technicians and equipment
The following markings must be attached manufacturers should wear
at the locations provided and must be appropriate personal
permanent: protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
[[Page 50481]]
(a) On the outside of the equipment: Any recovery equipment
``WARNING--Risk of Fire. Flammable used should be designed
Refrigerant Used. To Be Repaired for flammable
Only By Trained Service Personnel. refrigerants. Only
Do Not Puncture Refrigerant technicians specifically
Tubing.'' trained in handling
(b) On the outside of the equipment: flammable refrigerants
``WARNING--Risk of Fire. Dispose of should service
Properly In Accordance With Federal Or refrigeration equipment
Local Regulations. Flammable containing this
Refrigerant Used.'' refrigerant. Technicians
(c) On the inside of the equipment near should gain an
the compressor: ``WARNING--Risk of understanding of
Fire. Flammable Refrigerant Used. minimizing the risk of
Consult Repair Manual/Owner's Guide fire and the steps to use
Before Attempting to Service This flammable refrigerants
Product. All Safety Precautions Must safely.
be Followed.'' Room occupants should
(d) For any equipment pre-charged at evacuate the space
the factory, on the equipment immediately following the
packaging or on the outside of the accidental release of
equipment: ``WARNING--Risk of Fire due this refrigerant.
to Flammable Refrigerant Used. Follow Personnel commissioning,
Handling Instructions Carefully in maintaining, repairing,
Compliance with National Regulations'' decommissioning and
a. If the equipment is delivered disposing of appliances
packaged, this label shall be applied with this refrigerant
on the packaging. should obtain training
b. If the equipment is not delivered and follow practices
packaged, this label shall be applied consistent with Annex
on the outside of the equipment near 101.DVT of UL 60355-2-
the control panel or nameplate. 89.\1\ \2\ \3\
(e) On the equipment near the CAA section 608(c)(2)
nameplate: prohibits knowingly
a. At the top of the marking: ``Minimum venting or otherwise
Installation Height, X m (W ft)''. knowingly releasing or
This marking is only required if disposing of substitute
required by UL 60335-2-89. The terms refrigerants in the
``X'' and ``W'' shall be replaced by course of maintaining,
the numeric height as calculated per servicing, repairing or
the UL Standard. Note that the disposing of an appliance
formatting here is slightly different or industrial process
than the UL Standard; specifically, refrigeration.
the height in Inch-Pound units is Department of
placed in parentheses and the word Transportation
``and'' has been replaced by the requirements for
opening parenthesis. transport of flammable
b. Immediately below (a) above or at gases must be followed.
the top of the marking if (a) is not Flammable refrigerants
required: ``Minimum room area being recovered or
(operating or storage), Y m\2\ (Z otherwise disposed of
ft\2\)''. The terms ``Y'' and ``Z'' from retail food
shall be replaced by the numeric area refrigeration appliances
as calculated per the UL Standard. are likely to be
Note that the formatting here is hazardous waste under the
slightly different than the UL Resource Conservation and
Standard; specifically, the area in Recovery Act (RCRA) (see
Inch-Pound units is placed in 40 CFR parts 260 through
parentheses and the word ``and'' has 270).
been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in
a well-ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is ducted,
near the nameplate: ``WARNING--Risk of
Fire--Auxiliary devices which may be
ignition sources shall not be
installed in the ductwork, other than
auxiliary devices listed for use with
the specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
[[Page 50482]]
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border) as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition \1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging for
a factory-charged unit or adjacent to
the control panel or nameplate of a
unit charged in place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the atmosphere
might be expected (e.g., process
tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
2. Retail Food Refrigeration-- Propane (R-290)....... Acceptable subject to This refrigerant may be used only in Applicable OSHA
Refrigerated food processing and use conditions. new equipment specifically designed requirements at 29 CFR
dispensing equipment (New only)-- and clearly identified for the part 1910 must be
excluding refrigerated food refrigerant (i.e., the substitute may followed, including those
processing and dispensing not be used as a conversion or at 29 CFR 1910.94
equipment that is within the scope ``retrofit'' refrigerant for existing (ventilation) and
of UL 621 (Ice Cream Makers). equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This refrigerant may be used in 1910.110 (storage and
refrigerated food processing and handling of liquefied
dispensing equipment if and only if petroleum gases), and
such equipment meets requirements 1910.1000 (toxic and
listed in ASHRAE 15-2022.\1\ \4\ \5\ hazardous substances).
In cases where this listing 2 includes It is the obligation of
requirements different than those of regulated entitles to
ASHRAE 15-2022, the appliance would inform themselves of and
need to meet the requirements of this comply with any other
listing 2 in place of requirements in applicable legal
the ASHRAE Standard. obligations or
These refrigerants may only be used in restrictions.
refrigeration equipment that meets all Proper ventilation should
requirements in UL 60335-2-89,\1\ \2\ be maintained at all
\3\ except as provided otherwise in UL times during the
60335-2-89, in ASHRAE 15-2022, or in manufacture and storage
this listing 2. This listing 2 does of equipment containing
not apply to refrigerated food flammable refrigerants
processing and dispensing equipment through adherence to good
that is within the scope of UL 621 manufacturing practices
(Ice Cream Makers). In cases where as per 29 CFR 1910.106.
this listing includes requirements If refrigerant levels in
more stringent than those of UL 60335- the air surrounding the
2-89, the appliance must meet the equipment rise above one-
requirements of this listing 2 in fourth of the lower
place of the requirements in UL 60335- flammability limit, the
2-89. Where similar requirements of space should be
ASHRAE 15-2022 and UL 60335-2-89 evacuated, and reentry
differ, the more stringent or should occur only after
conservative condition shall apply the space has been
unless superseded by this listing 2. properly ventilated.
The following markings must be attached Technicians and equipment
at the locations provided and must be manufacturers should wear
permanent: appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
[[Page 50483]]
(a) On the outside of the equipment: Any recovery equipment
``DANGER--Risk of Fire Or used should be designed
Explosion. Flammable Refrigerant for flammable
Used. To Be Repaired Only By refrigerants. Only
Trained Service Personnel. Do Not technicians specifically
Puncture Refrigerant Tubing.'' trained in handling
(b) On the outside of the equipment: flammable refrigerants
``WARNING--Risk of Fire Or Explosion. should service
Dispose of Properly In Accordance With refrigeration equipment
Federal Or Local Regulations. containing this
Flammable Refrigerant Used.'' refrigerant. Technicians
(c) On the inside of the equipment near should gain an
the compressor: ``DANGER--Risk Of Fire understanding of
Or Explosion. Flammable Refrigerant minimizing the risk of
Used. Consult Repair Manual/Owner's fire and the steps to use
Guide Before Attempting to Service flammable refrigerants
This Product. All Safety Precautions safely.
Must be Followed.'' Room occupants should
(d) For any equipment pre-charged at evacuate the space
the factory, on the equipment immediately following the
packaging or on the outside of the accidental release of
equipment: ``DANGER--Risk of Fire or this refrigerant.
Explosion due to Flammable Refrigerant Personnel commissioning,
Used. Follow Handling Instructions maintaining, repairing,
Carefully in Compliance with National decommissioning and
Regulations'' disposing of appliances
a. If the equipment is delivered with this refrigerant
packaged, this label shall be applied should obtain training
on the packaging. and follow practices
b. If the equipment is not delivered consistent with Annex
packaged, this label shall be applied 101.DVT of UL 260355-2-
on the outside of the equipment near 89.\1\ \2\ \3\
the control panel or nameplate. CAA section 608(c)(2)
(e) On the equipment near the prohibits knowingly
nameplate: venting or otherwise
a. At the top of the marking: ``Minimum knowingly releasing or
Installation Height, X m (W ft)''. disposing of substitute
This marking is only required if refrigerants in the
required by UL 60335-2-89. The terms course of maintaining,
``X'' and ``W'' shall be replaced by servicing, repairing or
the numeric height as calculated per disposing of an appliance
the UL Standard. Note that the or industrial process
formatting here is slightly different refrigeration.
than the UL Standard; specifically, Department of
the height in Inch-Pound units is Transportation
placed in parentheses and the word requirements for
``and'' has been replaced by the transport of flammable
opening parenthesis. gases must be followed.
b. Immediately below (a) above or at Flammable refrigerants
the top of the marking if (a) is not being recovered or
required: ``Minimum room area otherwise disposed of
(operating or storage), Y m\2\ (Z from retail food
ft\2\)''. The terms ``Y'' and ``Z'' refrigeration appliances
shall be replaced by the numeric area are likely to be
as calculated per the UL Standard. hazardous waste under the
Note that the formatting here is Resource Conservation and
slightly different than the UL Recovery Act (RCRA) (see
Standard; specifically, the area in 40 CFR parts 260 through
Inch-Pound units is placed in 270).
parentheses and the word ``and'' has
been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in
a well-ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk of Fire or
Explosion--Auxiliary devices which
may be ignition sources shall not
be installed in the ductwork, other
than auxiliary devices listed for
use with the specific appliance.
See instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
[[Page 50484]]
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition \1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging for
a factory-charged unit or adjacent to
the control panel or nameplate of a
unit charged in place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the atmosphere
might be expected (e.g., process
tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
3. Retail Food Refrigeration-- HFO-1234yf, HFO- Acceptable subject to These refrigerants may be used only in Applicable OSHA
Remote condensing units and 1234ze(E), R-454A, R- use conditions. new equipment specifically designed requirements at 29 CFR
supermarket systems (New only). 454C, R-455A, R-457A, and clearly identified for the part 1910 must be
and R-516A. refrigerant (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may be used in 1910.110 (storage and
remote condensing units and handling of liquefied
supermarket systems if and only if petroleum gases), and
such equipment meets requirements 1910.1000 (toxic and
listed in ASHRAE 15-2022.\1\ \4\ \5\ hazardous substances).
In cases where this listing includes It is the obligation of
requirements different than those of regulated entitles to
ASHRAE 15-2022, the appliance would inform themselves of and
need to meet the requirements of this comply with any other
listing 3 in place of requirements in applicable legal
the ASHRAE Standard. obligations or
These refrigerants may only be used in restrictions.
refrigeration equipment that meets all Proper ventilation should
requirements in UL 60335-2-89,\1\ \2\ be maintained at all
\3\ except as provided otherwise in UL times during the
60335-2-89, in ASHRAE 15-2022, or in manufacture and storage
this listing 3. In cases where this of equipment containing
listing includes requirements more flammable refrigerants
stringent than those of UL 60335-2-89, through adherence to good
the appliance must meet the manufacturing practices
requirements of this listing 3 in as per 29 CFR 1910.106.
place of the requirements in UL 60335- If refrigerant levels in
2-89. Where similar requirements of the air surrounding the
ASHRAE 15-2022 and UL 60335-2-89 equipment rise above one-
differ, the more stringent or fourth of the lower
conservative condition shall apply flammability limit, the
unless superseded by this listing 3. space should be
The following markings must be attached evacuated, and reentry
at the locations provided and must be should occur only after
permanent: the space has been
properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
[[Page 50485]]
(a) On the outside of the equipment: Technicians should only
``WARNING--Risk of Fire. Flammable use spark-proof tools
Refrigerant Used. To Be Repaired when working on air
Only By Trained Service Personnel. conditioning equipment
Do Not Puncture Refrigerant with flammable
Tubing.'' refrigerants.
(b) On the outside of the equipment: Any recovery equipment
``WARNING--Risk of Fire. Dispose of used should be designed
Properly In Accordance With Federal Or for flammable
Local Regulations. Flammable refrigerants. Only
Refrigerant Used.'' technicians specifically
(c) On the inside of the equipment near trained in handling
the compressor: ``WARNING--Risk of flammable refrigerants
Fire. Flammable Refrigerant Used. should service
Consult Repair Manual/Owner's Guide refrigeration equipment
Before Attempting to Service This containing this
Product. All Safety Precautions Must refrigerant. Technicians
be Followed.'' should gain an
(d) For any equipment pre-charged at understanding of
the factory, on the equipment minimizing the risk of
packaging or on the outside of the fire and the steps to use
equipment: ``WARNING--Risk of Fire due flammable refrigerants
to Flammable Refrigerant Used. Follow safely.
Handling Instructions Carefully in Room occupants should
Compliance with National Regulations'' evacuate the space
a. If the equipment is delivered immediately following the
packaged, this label shall be applied accidental release of
on the packaging. this refrigerant.
b. If the equipment is not delivered Personnel commissioning,
packaged, this label shall be applied maintaining, repairing,
on the outside of the equipment near decommissioning and
the control panel or nameplate. disposing of appliances
(e) On the equipment near the with this refrigerant
nameplate: should obtain training
a. At the top of the marking: ``Minimum and follow practices
Installation Height, X m (W ft)''. consistent with Annex
This marking is only required if 101.DVT of UL 260355-2-
required by UL 60335-2-89. The terms 89.\1\ \2\ \3\
``X'' and ``W'' shall be replaced by CAA section 608(c)(2)
the numeric height as calculated per prohibits knowingly
the UL Standard. Note that the venting or otherwise
formatting here is slightly different knowingly releasing or
than the UL Standard; specifically, disposing of substitute
the height in Inch-Pound units is refrigerants in the
placed in parentheses and the word course of maintaining,
``and'' has been replaced by the servicing, repairing or
opening parenthesis. disposing of an appliance
b. Immediately below (a) above or at or industrial process
the top of the marking if (a) is not refrigeration.
required: ``Minimum room area Department of
(operating or storage), Y m\2\ (Z Transportation
ft\2\)''. The terms ``Y'' and ``Z'' requirements for
shall be replaced by the numeric area transport of flammable
as calculated per the UL Standard. gases must be followed.
Note that the formatting here is Flammable refrigerants
slightly different than the UL being recovered or
Standard; specifically, the area in otherwise disposed of
Inch-Pound units is placed in from retail food
parentheses and the word ``and'' has refrigeration appliances
been replaced by the opening are likely to be
parenthesis. hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in
a well-ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary
devices which may be ignition
sources shall not be installed in
the ductwork, other than auxiliary
devices listed for use with the
specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25 mm) in both
directions from such locations and
shall be replaced if removed.
[[Page 50486]]
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition,\1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label)
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
The substitute R-454A may only be used
in equipment with a refrigerant charge
capacity less than 200 pounds, or in
the high-temperature side of a cascade
system.
4. Commercial Ice Machines (New HFO-1234yf, R-454C, R- Acceptable subject to These refrigerants may be used only in Applicable OSHA
only). 455A, R-457A, and R- use conditions. new equipment specifically designed requirements at 29 CFR
516A. and clearly identified for the part 1910 must be
refrigerant (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may be used in new 1910.110 (storage and
commercial ice machines if and only if handling of liquefied
such equipment meets requirements petroleum gases), and
listed in ASHRAE 15-2022.\1\ \4\ \5\ 1910.1000 (toxic and
In cases where this listing includes hazardous substances).
requirements different than those of It is the obligation of
ASHRAE 15-2022, the appliance would regulated entitles to
need to meet the requirements of this inform themselves of and
listing 4 in place of the requirements comply with any other
in ASHRAE 15-2022. applicable legal
These refrigerants may only be used in obligations or
refrigeration equipment that meets all restrictions.
requirements in UL 60335-2-89,\1\ \2\ Proper ventilation should
\3\ except as provided otherwise in UL be maintained at all
60335-2-89, in ASHRAE 15-2022, or in times during the
this listing 4. In cases where this manufacture and storage
listing includes requirements more of equipment containing
stringent than those of UL 60335-2-89, flammable refrigerants
the appliance must meet the through adherence to good
requirements of this listing 4 in manufacturing practices
place of the requirements in UL 60335- as per 29 CFR 1910.106.
2-89. Where similar requirements of If refrigerant levels in
ASHRAE 15-2022 and UL 60335-2-89 the air surrounding the
differ, the more stringent or equipment rise above one-
conservative condition shall apply fourth of the lower
unless superseded by this listing 4. flammability limit, the
condition shall apply unless space should be
superseded by this listing 4. evacuated, and reentry
The following markings must be attached should occur only after
at the locations provided and must be the space has been
permanent: properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
[[Page 50487]]
(a) On the outside of the equipment: Any recovery equipment
``WARNING--Risk of Fire. Flammable used should be designed
Refrigerant Used. To Be Repaired for flammable
Only By Trained Service Personnel. refrigerants. Only
Do Not Puncture Refrigerant technicians specifically
Tubing.'' trained in handling
(b) On the outside of the equipment: flammable refrigerants
``WARNING--Risk of Fire. Dispose of should service
Properly In Accordance With Federal Or refrigeration equipment
Local Regulations. Flammable containing this
Refrigerant Used.'' refrigerant. Technicians
(c) On the inside of the equipment near should gain an
the compressor: ``WARNING--Risk of understanding of
Fire. Flammable Refrigerant Used. minimizing the risk of
Consult Repair Manual/Owner's Guide fire and the steps to use
Before Attempting to Service This flammable refrigerants
Product. All Safety Precautions Must safely.
be Followed.'' Room occupants should
(d) For any equipment pre-charged at evacuate the space
the factory, on the equipment immediately following the
packaging or on the outside of the accidental release of
equipment: ``WARNING--Risk of Fire due this refrigerant.
to Flammable Refrigerant Used. Follow Personnel commissioning,
Handling Instructions Carefully in maintaining, repairing,
Compliance with National Regulations'' decommissioning and
disposing of appliances
with this refrigerant
should obtain training
and follow practices
consistent with Annex
101.DVT of UL 260355-2-
89.\1\ \2\ \3\
CAA section 608(c)(2)
prohibits knowingly
venting or otherwise
knowingly releasing or
disposing of substitute
refrigerants in the
course of maintaining,
servicing, repairing or
disposing of an appliance
or industrial process
refrigeration.
Department of
Transportation
requirements for
transport of flammable
gases must be followed.
a. If the equipment is delivered Flammable refrigerants
packaged, this label shall be being recovered or
applied on the packaging. otherwise disposed of
b. If the equipment is not delivered from commercial ice
packaged, this label shall be applied machine appliances are
on the outside of the equipment near likely to be hazardous
the control panel or nameplate. waste under the Resource
(e) On the equipment near the Conservation and Recovery
nameplate: Act (RCRA) (see 40 CFR
a. At the top of the marking: ``Minimum parts 260 through 270).
Installation Height, X m (W ft)''.
This marking is only required if
required by UL 60335-2-89. The terms
``X'' and ``W'' shall be replaced by
the numeric height as calculated per
the UL Standard. Note that the
formatting here is slightly different
than the UL Standard; specifically,
the height in Inch-Pound units is
placed in parentheses and the word
``and'' has been replaced by the
opening parenthesis.
b. Immediately below (a) above or at
the top of the marking if (a) is not
required: ``Minimum room area
(operating or storage), Y m\2\ (Z
ft\2\)''. The terms ``Y'' and ``Z''
shall be replaced by the numeric area
as calculated per the UL Standard.
Note that the formatting here is
slightly different than the UL
Standard; specifically, the area in
Inch-Pound units is placed in
parentheses and the word ``and'' has
been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in
a well-ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary
devices which may be ignition
sources shall not be installed in
the ductwork, other than auxiliary
devices listed for use with the
specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
[[Page 50488]]
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition,\1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
5. Commercial Ice Machines (New HFC-32, R-454A, R-454B Acceptable subject to These refrigerants may be used only in Applicable OSHA
only)--as of 7/15/2024, for use conditions. new equipment specifically designed requirements at 29 CFR
commercial ice machines with a and clearly identified for the part 1910 must be
remote compressor, for batch-type refrigerant (i.e., none of these followed, including those
self-contained automatic substitutes may be used as a at 29 CFR 1910.94
commercial ice machines with a conversion or ``retrofit'' refrigerant (ventilation) and
harvest rate above 1,000 lb ice for existing equipment designed for 1910.106 (flammable and
per 24 hours and for continuous other refrigerants). combustible liquids),
type self-contained automatic These refrigerants may be used in new 1910.110 (storage and
commercial ice machines with a commercial ice machines if and only if handling of liquefied
harvest rate above 1,200 lb ice such equipment meets requirements in petroleum gases), and
per 24 hours; for other types, as ASHRAE 15-2022.\1\ \4\ \5\ In cases 1910.1000 (toxic and
of [date reserved]. where this listing includes hazardous substances).
requirements different than those of It is the obligation of
ASHRAE 15-2022, the appliance would regulated entitles to
need to meet the requirements of this inform themselves of and
listing 5 in place of the requirements comply with any other
in ASHRAE 15-2022. applicable legal
These refrigerants may only be used in obligations or
refrigeration equipment that meets all restrictions.
requirements in UL 60335-2-89,\1\ \2\ Proper ventilation should
\3\ except as provided otherwise in UL be maintained at all
60335-2-89, in ASHRAE 15-2022, or in times during the
this listing 5. In cases where this manufacture and storage
listing includes requirements more of equipment containing
stringent than those of UL 60335-2-89, flammable refrigerants
the appliance must meet the through adherence to good
requirements of this listing 5 in manufacturing practices
place of the requirements in UL 60335- as per 29 CFR 1910.106.
2-89. Where similar requirements of If refrigerant levels in
ASHRAE 15-2022 and UL 60335-2-89 the air surrounding the
differ, the more stringent or equipment rise above one-
conservative condition shall apply fourth of the lower
unless superseded by this listing 5. flammability limit, the
The following markings must be attached space should be
at the locations provided and must be evacuated, and reentry
permanent: should occur only after
the space has been
properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
[[Page 50489]]
(a) On the outside of the equipment: Technicians should only
``WARNING--Risk of Fire. Flammable use spark-proof tools
Refrigerant Used. To Be Repaired when working on air
Only By Trained Service Personnel. conditioning equipment
Do Not Puncture Refrigerant with flammable
Tubing.'' refrigerants.
(b) On the outside of the equipment: Any recovery equipment
``WARNING--Risk of Fire. Dispose of used should be designed
Properly In Accordance With Federal Or for flammable
Local Regulations. Flammable refrigerants. Only
Refrigerant Used.'' technicians specifically
(c) On the inside of the equipment near trained in handling
the compressor: ``WARNING--Risk of flammable refrigerants
Fire. Flammable Refrigerant Used. should service
Consult Repair Manual/Owner's Guide refrigeration equipment
Before Attempting to Service This containing this
Product. All Safety Precautions Must refrigerant. Technicians
be Followed.'' should gain an
(d) For any equipment pre-charged at understanding of
the factory, on the equipment minimizing the risk of
packaging or on the outside of the fire and the steps to use
equipment: ``WARNING--Risk of Fire due flammable refrigerants
to Flammable Refrigerant Used. Follow safely.
Handling Instructions Carefully in Room occupants should
Compliance with National Regulations'' evacuate the space
a. If the equipment is delivered immediately following the
packaged, this label shall be applied accidental release of
on the packaging. this refrigerant.
b. If the equipment is not delivered Personnel commissioning,
packaged, this label shall be applied maintaining, repairing,
on the outside of the equipment near decommissioning and
the control panel or nameplate. disposing of appliances
(e) On the equipment near the with this refrigerant
nameplate: should obtain training
a. At the top of the marking: ``Minimum and follow practices
Installation Height, X m (W ft)''. consistent with Annex
This marking is only required if 101.DVT of UL 260355-2-
required by UL 60335-2-89. The terms 89.\1\ \2\ \3\
``X'' and ``W'' shall be replaced by CAA section 608(c)(2)
the numeric height as calculated per prohibits knowingly
the UL Standard. Note that the venting or otherwise
formatting here is slightly different knowingly releasing or
than the UL Standard; specifically, disposing of substitute
the height in Inch-Pound units is refrigerants in the
placed in parentheses and the word course of maintaining,
``and'' has been replaced by the servicing, repairing or
opening parenthesis. disposing of an appliance
b. Immediately below (a) above or at or industrial process
the top of the marking if (a) is not refrigeration.
required: ``Minimum room area Department of
(operating or storage), Y m\2\ (Z Transportation
ft\2\)''. The terms ``Y'' and ``Z'' requirements for
shall be replaced by the numeric area transport of flammable
as calculated per the UL Standard. gases must be followed.
Note that the formatting here is Flammable refrigerants
slightly different than the UL being recovered or
Standard; specifically, the area in otherwise disposed of
Inch-Pound units is placed in from commercial ice
parentheses and the word ``and'' has machine appliances are
been replaced by the opening likely to be hazardous
parenthesis. waste under the Resource
Conservation and Recovery
Act (RCRA) (see 40 CFR
parts 260 through 270).
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in
a well-ventilated room without
continuously operating flames or
other potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary
devices which may be ignition
sources shall not be installed in
the ductwork, other than auxiliary
devices listed for use with the
specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
[[Page 50490]]
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition \1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
6. Industrial Process Refrigeration HFC-32, HFO-1234yf, Acceptable subject to These refrigerants may be used only in Applicable OSHA
(New only). HFO-1234ze(E), R- use conditions. new equipment specifically designed requirements at 29 CFR
454A, R-454B, R-454C, and clearly identified for the part 1910 must be
R-455A, R-457A, and R- refrigerant (i.e., none of these followed, including those
516A. substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may be used in 1910.110 (storage and
industrial process refrigeration handling of liquefied
equipment if and only if such petroleum gases), and
equipment meets requirements in ASHRAE 1910.1000 (toxic and
15-2022.\1\ \4\ \5\ In cases where hazardous substances).
this listing includes requirements Proper ventilation should
different than those of ASHRAE 15- be maintained at all
2022, the appliance would need to meet times during the
the requirements of this listing 6 in manufacture and storage
place of the requirements in ASHRAE 15- of equipment containing
2022. flammable refrigerants
These refrigerants may only be used in through adherence to good
refrigeration equipment that meets all manufacturing practices
requirements in UL 60335-2-89,\1\ \2\ as per 29 CFR 1910.106.
\3\ except as provided otherwise in UL If refrigerant levels in
60335-2-89, in ASHRAE 15-2022, or in the air surrounding the
this listing 6. In cases where this equipment rise above one-
listing includes requirements more fourth of the lower
stringent than those of UL 60335-2-89, flammability limit, the
the appliance must meet the space should be
requirements of this listing 6 in evacuated, and reentry
place of the requirements in UL 60335- should occur only after
2-89. Where similar requirements of the space has been
ASHRAE 15-2022 and UL 60335-2-89 properly ventilated.
differ, the more stringent or Technicians and equipment
conservative condition shall apply manufacturers should wear
unless superseded by this listing 6. appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
[[Page 50491]]
The following markings must be attached Technicians should only
at the locations provided and must be use spark-proof tools
permanent: when working on air
(a) On the outside of the equipment: conditioning equipment
``WARNING--Risk of Fire. Flammable with flammable
Refrigerant Used. To Be Repaired Only refrigerants.
By Trained Service Personnel. Do Not Any recovery equipment
Puncture Refrigerant Tubing.'' used should be designed
(b) On the outside of the equipment: for flammable
``WARNING--Risk of Fire. Dispose of refrigerants. Only
Properly In Accordance With Federal Or technicians specifically
Local Regulations. Flammable trained in handling
Refrigerant Used.'' flammable refrigerants
(c) On the inside of the equipment near should service
the compressor: ``WARNING--Risk of refrigeration equipment
Fire. Flammable Refrigerant Used. containing this
Consult Repair Manual/Owner's Guide refrigerant. Technicians
Before Attempting to Service This should gain an
Product. All Safety Precautions Must understanding of
be Followed.'' minimizing the risk of
(d) For any equipment pre-charged at fire and the steps to use
the factory, on the equipment flammable refrigerants
packaging or on the outside of the safely.
equipment: ``WARNING--Risk of Fire due Room occupants should
to Flammable Refrigerant Used. Follow evacuate the space
Handling Instructions Carefully in immediately following the
Compliance with National Regulations'' accidental release of
a. If the equipment is delivered this refrigerant.
packaged, this label shall be applied Personnel commissioning,
on the packaging. maintaining, repairing,
b. If the equipment is not delivered decommissioning and
packaged, this label shall be applied disposing of appliances
on the outside of the equipment near with this refrigerant
the control panel or nameplate. should obtain training
(e) On the equipment near the and follow practices
nameplate: consistent with Annex
a. At the top of the marking: ``Minimum 101.DVT of UL 260355-2-
Installation Height, X m (W ft)''. 89.\1\ \2\ \3\
This marking is only required if CAA section 608(c)(2)
required by UL 60335-2-89. The terms prohibits knowingly
``X'' and ``W'' shall be replaced by venting or otherwise
the numeric height as calculated per knowingly releasing or
the UL Standard. Note that the disposing of substitute
formatting here is slightly different refrigerants in the
than the UL Standard; specifically, course of maintaining,
the height in Inch-Pound units is servicing, repairing or
placed in parentheses and the word disposing of an appliance
``and'' has been replaced by the or industrial process
opening parenthesis. refrigeration.
b. Immediately below (a) above or at Department of
the top of the marking if (a) is not Transportation
required: ``Minimum room area requirements for
(operating or storage), Y m\2\ (Z transport of flammable
ft\2\)''. The terms ``Y'' and ``Z'' gases must be followed.
shall be replaced by the numeric area Flammable refrigerants
as calculated per the UL Standard. being recovered or
Note that the formatting here is otherwise disposed of
slightly different than the UL from industrial process
Standard; specifically, the area in refrigeration appliances
Inch-Pound units is placed in are likely to be
parentheses and the word ``and'' has hazardous waste under the
been replaced by the opening Resource Conservation and
parenthesis. Recovery Act (RCRA) (see
(f) For non-fixed equipment, on the 40 CFR parts 260 through
outside of the product: ``WARNING-- 270).
Risk of Fire or Explosion--Store in a
well-ventilated room without
continuously operating flames or other
potential ignition.''
(g) For fixed equipment that is
ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary
devices which may be ignition
sources shall not be installed in
the ductwork, other than auxiliary
devices listed for use with the
specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
[[Page 50492]]
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition,\1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
The substitute R-454A may only be used
in chillers for industrial process
refrigeration, in equipment with the
refrigerant temperature entering the
evaporator less than or equal to -30
[deg]C, in equipment with a
refrigerant charge capacity less than
200 pounds and with the refrigerant
temperature entering the evaporator
higher than -30 [deg]C, and in the
high-temperature side of a cascade
system with the refrigerant
temperature entering the evaporator
higher than -30 [deg]C.
The substitutes HFC-32 and R-454B may
only be used in chillers for
industrial process refrigeration, or
in equipment with the refrigerant
temperature entering the evaporator
less than or equal to -30 [deg]C.
[[Page 50493]]
7. Cold Storage Warehouses (New HFO-1234yf, HFO- Acceptable subject to These refrigerants may be used only in Applicable OSHA
only). 1234ze(E), R-454A, R- use conditions. new equipment specifically designed requirements at 29 CFR
454C, R-455A, R-457A, and clearly identified for the part 1910 must be
and R-516A. refrigerant (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may be used in cold 1910.110 (storage and
storage warehouses if and only if such handling of liquefied
equipment meets requirements in ASHRAE petroleum gases), and
15-2022.\1\ \4\ \5\ In cases where 1910.1000 (toxic and
this listing includes requirements hazardous substances).
different than those of ASHRAE 15- Proper ventilation should
2022, the appliance would need to meet be maintained at all
the requirements of this listing 7 in times during the
place of the requirements in ASHRAE 15- manufacture and storage
2022. of equipment containing
These refrigerants may only be used in flammable refrigerants
refrigeration equipment that meets all through adherence to good
requirements in UL 60335-2-89,\1\ \2\ manufacturing practices
\3\ except as provided otherwise in UL as per 29 CFR 1910.106.
60335-2-89, in ASHRAE 15-2022, or in If refrigerant levels in
this listing 7. In cases where this the air surrounding the
listing includes requirements more equipment rise above one-
stringent than those of UL 60335-2-89, fourth of the lower
the appliance must meet the flammability limit, the
requirements of this listing 7 in space should be
place of the requirements in UL 60335- evacuated, and reentry
2-89. Where similar requirements of should occur only after
ASHRAE 15-2022 and UL 60335-2-89 the space has been
differ, the more stringent or properly ventilated.
conservative condition shall apply Technicians and equipment
unless superseded by this listing 7. manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
The following markings must be attached Technicians should only
at the locations provided and must be use spark-proof tools
permanent: when working on air
(a) On the outside of the equipment: conditioning equipment
``WARNING--Risk of Fire. Flammable with flammable
Refrigerant Used. To Be Repaired Only refrigerants.
By Trained Service Personnel. Do Not Any recovery equipment
Puncture Refrigerant Tubing.'' used should be designed
(b) On the outside of the equipment: for flammable
``WARNING--Risk of Fire. Dispose of refrigerants. Only
Properly In Accordance With Federal Or technicians specifically
Local Regulations. Flammable trained in handling
Refrigerant Used.'' flammable refrigerants
(c) On the inside of the equipment near should service
the compressor: ``WARNING--Risk of refrigeration equipment
Fire. Flammable Refrigerant Used. containing this
Consult Repair Manual/Owner's Guide refrigerant. Technicians
Before Attempting to Service This should gain an
Product. All Safety Precautions Must understanding of
be Followed.'' minimizing the risk of
(d) For any equipment pre-charged at fire and the steps to use
the factory, on the equipment flammable refrigerants
packaging or on the outside of the safely.
equipment: ``WARNING--Risk of Fire due Room occupants should
to Flammable Refrigerant Used. Follow evacuate the space
Handling Instructions Carefully in immediately following the
Compliance with National Regulations'' accidental release of
a. If the equipment is delivered this refrigerant.
packaged, this label shall be applied Personnel commissioning,
on the packaging. maintaining, repairing,
b. If the equipment is not delivered decommissioning and
packaged, this label shall be applied disposing of appliances
on the outside of the equipment near with this refrigerant
the control panel or nameplate. should obtain training
and follow practices
consistent with Annex
101.DVT of UL 260355-2-
89.\1\ \2\ \3\
CAA section 608(c)(2)
prohibits knowingly
venting or otherwise
knowingly releasing or
disposing of substitute
refrigerants in the
course of maintaining,
servicing, repairing or
disposing of an appliance
or industrial process
refrigeration.
Department of
Transportation
requirements for
transport of flammable
gases must be followed.
Flammable refrigerants
being recovered or
otherwise disposed of
from cold storage
warehouses are likely to
be hazardous waste under
the Resource Conservation
and Recovery Act (RCRA)
(see 40 CFR parts 260
through 270).
[[Page 50494]]
(e) On the equipment near the
nameplate:
a. At the top of the marking: ``Minimum
Installation Height, X m (W ft)''.
This marking is only required if
required by UL 60335-2-89. The terms
``X'' and ``W'' shall be replaced by
the numeric height as calculated per
the UL Standard. Note that the
formatting here is slightly different
than the UL Standard; specifically,
the height in Inch-Pound units is
placed in parentheses and the word
``and'' has been replaced by the
opening parenthesis.
b. Immediately below (a) above or at
the top of the marking if (a) is not
required: ``Minimum room area
(operating or storage), Y m\2\ (Z
ft\2\)''. The terms ``Y'' and ``Z''
shall be replaced by the numeric area
as calculated per the UL Standard.
Note that the formatting here is
slightly different than the UL
Standard; specifically, the area in
Inch-Pound units is placed in
parentheses and the word ``and'' has
been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in a
well-ventilated room without
continuously operating flames or other
potential ignition.''
(g) For fixed equipment that is ducted,
near the nameplate: ``WARNING--Risk of
Fire--Auxiliary devices which may be
ignition sources shall not be
installed in the ductwork, other than
auxiliary devices listed for use with
the specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the GHS warning symbol for
hazard category 1 flammable gases
(black flame on a white background in
a diamond with equal length sides with
a red border), as defined in Chapter
2.2, Flammable Gasses, and Annex 1,
Classification and Labelling Summary
Tables, of ST/SG/AC.10/30/Rev.9,
Global Harmonized System (GHS) of
Classification and Labelling of
Chemicals, Ninth revised edition,\1\
\8\ \9\ on the following three
locations:
Outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
[[Page 50495]]
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant to
ASHRAE 34-2022,\1\ \4\ \6\ \7\ in
letters at least one-third the height
of the diamond symbol.
The substitute R-454A may only be used
either in equipment with a refrigerant
charge capacity less than 200 pounds
or in the high-temperature side of a
cascade system.
8. Ice Skating Rinks (New only; HFO-1234yf, HFO- Acceptable subject to These refrigerants may be used only in Applicable OSHA
Equipment with remote compressors). 1234ze(E), R-454C, R- use conditions. new equipment specifically designed requirements at 29 CFR
455A, R-457A, and R- and clearly identified for the part 1910 must be
516A. refrigerant (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may be used in ice 1910.110 (storage and
skating rinks with remote compressors handling of liquefied
if and only if such equipment meets petroleum gases), and
requirements in ASHRAE 15-2022.\1\ \4\ 1910.1000 (toxic and
\5\ In cases where this listing hazardous substances).
includes requirements different than Proper ventilation should
those of ASHRAE 15-2022, the appliance be maintained at all
would need to meet the requirements of times during the
this listing 8 in place of the manufacture and storage
requirements in ASHRAE 15-2022. of equipment containing
These refrigerants may only be used in flammable refrigerants
refrigeration equipment that meets all through adherence to good
requirements in UL 60335-2-89,\1\ \2\ manufacturing practices
\3\ except as provided otherwise in UL as per 29 CFR 1910.106.
60335-2-89, in ASHRAE 15-2022, or in If refrigerant levels in
this listing 8. In cases where this the air surrounding the
listing includes requirements more equipment rise above one-
stringent than those of UL 60335-2-89, fourth of the lower
the appliance must meet the flammability limit, the
requirements of this listing 8 in space should be
place of the requirements in UL 60335- evacuated, and reentry
2-89. Where similar requirements of should occur only after
ASHRAE 15-2022 and UL 60335-2-89 the space has been
differ, the more stringent or properly ventilated.
conservative condition shall apply Technicians and equipment
unless superseded by this listing 8. manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
The following markings must be attached Technicians should only
at the locations provided and must be use spark-proof tools
permanent: when working on air
(a) On the outside of the equipment: conditioning equipment
``WARNING--Risk of Fire. Flammable with flammable
Refrigerant Used. To Be Repaired Only refrigerants.
By Trained Service Personnel. Do Not Any recovery equipment
Puncture Refrigerant Tubing.'' used should be designed
(b) On the outside of the equipment: for flammable
``WARNING--Risk of Fire. Dispose of refrigerants. Only
Properly In Accordance With Federal Or technicians specifically
Local Regulations. Flammable trained in handling
Refrigerant Used.'' flammable refrigerants
(c) On the inside of the equipment near should service
the compressor: ``WARNING--Risk of refrigeration equipment
Fire. Flammable Refrigerant Used. containing this
Consult Repair Manual/Owner's Guide refrigerant. Technicians
Before Attempting to Service This should gain an
Product. All Safety Precautions Must understanding of
be Followed.'' minimizing the risk of
(d) For any equipment pre-charged at fire and the steps to use
the factory, on the equipment flammable refrigerants
packaging or on the outside of the safely.
equipment: ``WARNING--Risk of Fire due Room occupants should
to Flammable Refrigerant Used. Follow evacuate the space
Handling Instructions Carefully in immediately following the
Compliance with National Regulations'' accidental release of
a. If the equipment is delivered this refrigerant.
packaged, this label shall be applied Personnel commissioning,
on the packaging. maintaining, repairing,
b. If the equipment is not delivered decommissioning and
packaged, this label shall be applied disposing of appliances
on the outside of the equipment near with this refrigerant
the control panel or nameplate. should obtain training
and follow practices
consistent with Annex
101.DVT of UL 260355-2-
89.\2\ \3\
CAA section 608(c)(2)
prohibits knowingly
venting or otherwise
knowingly releasing or
disposing of substitute
refrigerants in the
course of maintaining,
servicing, repairing or
disposing of an appliance
or industrial process
refrigeration.
Department of
Transportation
requirements for
transport of flammable
gases must be followed.
Flammable refrigerants
being recovered or
otherwise disposed of
from ice skating rinks
are likely to be
hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
[[Page 50496]]
(e) On the equipment near the
nameplate:
a. At the top of the marking: ``Minimum
Installation Height, X m (W ft)''.
This marking is only required if
required by UL 60335-2-89. The terms
``X'' and ``W'' shall be replaced by
the numeric height as calculated per
the UL Standard. Note that the
formatting here is slightly different
than the UL Standard; specifically,
the height in Inch-Pound units is
placed in parentheses and the word
``and'' has been replaced by the
opening parenthesis.
b. Immediately below (a) above or at
the top of the marking if (a) is not
required: ``Minimum room area
(operating or storage), Y m\2\ (Z
ft\2\)''. The terms ``Y'' and ``Z''
shall be replaced by the numeric area
as calculated per the UL Standard.
Note that the formatting here is
slightly different than the UL
Standard; specifically, the area in
Inch-Pound units is placed in
parentheses and the word ``and'' has
been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in a
well-ventilated room without
continuously operating flames or other
potential ignition.''
(g) For fixed equipment that is ducted,
near the nameplate: ``WARNING--Risk of
Fire--Auxiliary devices which may be
ignition sources shall not be
installed in the ductwork, other than
auxiliary devices listed for use with
the specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System #185
or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25mm) in both directions
from such locations and shall be
replaced if removed.
In addition to or instead of the
markings described in Clause 7.6DV D1
of UL 60335-2-89, the equipment may
display the Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) warning symbol for
hazard category 1 flammable gases \1\
\7\ \8\ (black flame on a white
background in a diamond with equal
length sides with a red border) on the
following three locations:
outside of the equipment
(label (a));
on the appliance packaging
for a factory-charged unit or
adjacent to the control panel or
nameplate of a unit charged in
place (label (d)); and
in a location visible when
accessing a service port and where
service puncturing or otherwise
creating an opening from the
refrigerant circuit to the
atmosphere might be expected (e.g.,
process tubes) (service label).
[[Page 50497]]
The perpendicular height of the diamond
containing the GHS warning symbol for
hazard category 1 flammable gases
shall be at least 15 mm (\9/16\ in).
In addition, next to the GHS warning
symbol for hazard category 1 flammable
gases must be text of the refrigerant
safety class of the refrigerant
according to ASHRAE 34-2022,\1\ \4\
\6\ \7\ in letters at least one-third
the height of the diamond symbol.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets; (202) 202-1744. For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
\2\ You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1-888-853-3503
in the U.S. or Canada (other countries +1-415-352-2168); email: [email protected]; website: https://ulstandards.ul.com or
www.shopulstandards.com.
\3\ UL 60335-2-89, Standard for Safety for Household and Similar Electrical Appliances--Safety--Part 2-89: Particular Requirements for Commercial
Refrigerating Appliances, 2nd edition, dated October 27, 2021.
\4\ You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology
Parkway NW, Peachtree Corners, Georgia 30092; phone: 1-800-527-4723 or 1-404-636-8400 in the U.S. or Canada; email: [email protected]; website:
https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources.
\5\ ANSI/ASHRAE Standard 15-2022. Safety Standard for Refrigeration Systems, copyright 2022.
\6\ ANSI/ASHRAE Standard 34-2022. Designation and Safety Classification of Refrigerants, copyright 2022.
\7\ ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20,
2022.
\8\ You may obtain the UN material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; by mail:
United Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; phone: 1-703-661-1571; email: [email protected].
\9\ ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter
2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables.
[FR Doc. 2024-11690 Filed 6-12-24; 8:45 am]
BILLING CODE 6560-50-P