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82272 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations

ENVIRONMENTAL PROTECTION information is not publicly available, J. Revisions to the Technician Certification AGENCY e.g., CBI or other information whose Program Requirements in § 82.161 disclosure is restricted by statute. K. Revisions to the Reclamation 40 CFR Part 82 Certain other material, such as Requirements in § 82.164 copyrighted material, is not placed on L. Revisions to the Recordkeeping and [EPA–HQ–OAR–2015–0453; FRL–9950–28– Reporting Requirements in § 82.166 OAR] the Internet and will be publicly available only in hard copy form. M. Effective and Compliance Dates RIN 2060–AS51 Publicly available docket materials are V. Possible Future Revisions to Subpart F VI. Economic Analysis available electronically through Protection of Stratospheric : VII. Statutory and Executive Order Reviews Update to the Management www.regulations.gov. A. Executive Order 12866: Regulatory Requirements Under the Clean Air Act FOR FURTHER INFORMATION CONTACT: Planning and Review and Executive Jeremy Arling, Stratospheric Protection Order 13563: Improving Regulation and AGENCY: Environmental Protection Division, Office of Atmospheric Regulatory Review Agency (EPA). Programs, Mail Code 6205T, 1200 B. Paperwork Reduction Act ACTION: Final rule. Pennsylvania Avenue NW., Washington, C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act SUMMARY: DC 20460; telephone number (202) 343– The Clean Air Act prohibits (UMRA) the knowing release of ozone-depleting 9055; email address arling.jeremy@ epa.gov. You may also visit E. Executive Order 13132: Federalism and substitute during the F. Executive Order 13175: Consultation course of maintaining, servicing, www.epa.gov/section608 for further information about refrigerant and Coordination With Indian Tribal repairing, or disposing of appliances or Governments management, other Stratospheric Ozone industrial process . The G. Executive Order 13045: Protection of existing regulations require that persons Protection regulations, the science of Children From Environmental maintaining, servicing, repairing, or depletion, and related and Safety Risks disposing of air-conditioning and topics. H. Executive Order 13211: Actions That refrigeration equipment containing more SUPPLEMENTARY INFORMATION: Significantly Affect Energy Supply, than 50 pounds of refrigerant observe Distribution, or Use certain service practices that reduce Table of Contents I. National Technology Transfer and emissions of ozone-depleting I. General Information Advancement Act refrigerant. This rule updates those A. Does this action apply to me? J. Executive Order 12898: Federal Actions existing requirements as well as extends B. What action is the Agency taking? To Address Environmental Justice in them, as appropriate, to non-ozone C. What is the Agency’s authority for Minority Populations and Low-Income depleting substitute refrigerants, such as taking this action? Populations . Updates include D. What are the incremental costs and K. Congressional Review Act (CRA) benefits of this action? strengthened repair requirements, E. Judicial Review List of Acronyms recordkeeping requirements for the II. Background AHRI , Heating, and disposal of appliances containing more A. What are ozone-depleting substances? Refrigeration Institute than five and less than 50 pounds of B. What is the National and ARI Air Conditioning and Refrigeration refrigerant, revisions to the technician Emission Reduction Program? Institute (now AHRI) certification program, and revisions for C. What developments have occurred since ASHRAE American Society of Heating, improved readability and compliance. EPA first established the National Recycling and Emission Reduction Refrigerating and Air-Conditioning As a result, this action reduces Engineers, Inc. emissions of ozone-depleting substances Program? D. What are the goals of this rule? CAA Clean Air Act and with high global warming E. What are the major revisions being CARB California Air Resources Board potentials. finalized in this rule? CBI Confidential Business Information DATES: This final rule is effective on F. Enforcement of Subpart F Regulations CFC January 1, 2017. The incorporation by G. Incorporation by Reference CO2 Dioxide reference of certain publications listed III. EPA’s Authority Under the Clean Air Act GHG Greenhouse A. Summary of EPA’s Authority for the in the regulations is approved by the GWP Revisions to Subpart F HCFC Hydrochlorofluorocarbon Director of the Federal Register as of on B. Comments and Responses Related to HFC January 1, 2017. This rule contains EPA’s Authority HFO information collection activities that IV. The Revisions Finalized in This Rule IPCC Intergovernmental Panel on Climate have been submitted for approval to the A. Revisions to the Definitions in § 82.152 Change Office of Management and Budget B. Revisions to the Venting Prohibition in IPR Industrial Process Refrigeration § 82.154(a) (OMB) under the Paperwork Reduction MMTCO2eq Million Metric Tons Carbon Act (PRA). Under the PRA, comments C. Revisions to the Refrigerant and Dioxide Equivalent Appliance Sales Restrictions in § 82.154 on the information collection provisions MVAC Motor Vehicle Air Conditioner D. Revisions to the Safe Disposal NAICS North American Industry are best assured of consideration if the Provisions in § 82.155 Classification System Office of Management and Budget E. Revisions to the Evacuation (OMB) receives a copy of your Requirements in § 82.156 ODP potential comments on or before December 19, F. Revisions to the Leak Repair ODS Ozone-depleting substance 2016. Requirements in § 82.157 PFC Perfluorocarbon G. Revisions to the Standards for Recovery RCRA Resource Conservation and Recovery ADDRESSES: The EPA has established a and/or Recycling Equipment in § 82.158 Act docket for this action under Docket ID H. Revisions to the Standards for RMP Refrigerant Management Program No. EPA–HQ–OAR–2015–0453. All Equipment Testing Organizations in SCAQMD South Coast Air Quality documents in the docket are listed on § 82.160 Management District the www.regulations.gov Web site. I. Revisions to the Technician Certification SNAP Significant New Alternatives Policy Although listed in the index, some Requirements in § 82.161 UL Underwriters Laboratories

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I. General Information repair, recycle, or dispose of the refrigeration and air-conditioning refrigeration and air-conditioning industry, including motor vehicle air A. Does this action apply to me? appliances and refrigerants, as well as conditioning. Regulated entities Categories and entities potentially entities that manufacture or sell include, but are not limited to, the regulated by this action include those refrigerants, products and services for following: who own, operate, maintain, service,

TABLE 1—POTENTIALLY AFFECTED ENTITIES

North American industry Category classification system Examples of regulated entities (NAICS) code

Industrial Process Refrigeration 111, 11251, 11511, 21111, 2211, Owners or operators of refrigeration equipment used in agriculture (IPR). 2212, 2213, 311, 3121, 3221, and crop production, oil and gas extraction, ice rinks, and the man- 3222, 32311, 32411, 3251, ufacture of frozen food, dairy products, food and beverages, ice, 32512, 3252, 3253, 32541, petrochemicals, chemicals, machinery, medical equipment, , 3256, 3259, 3261, 3262, 3324, paper, and electronics 3328, 33324, 33341, 33361, 3341, 3344, 3345, 3346, 3364, 33911, 339999. Commercial Refrigeration ...... 42374, 42393, 42399, 4242, 4244, Owners or operators of refrigerated warehousing and storage facili- 42459, 42469, 42481, 42493, ties, supermarkets, grocery stores, warehouse clubs, supercenters, 4451, 4452, 45291, 48422, convenience stores, and refrigerated 4885, 4931, 49312, 72231. Comfort Cooling ...... 45211, 45299, 453998, 512, 522, Owners or operators of air-conditioning equipment used in the fol- 524, 531, 5417, 551, 561, 6111, lowing: hospitals, office buildings, colleges and universities, metro- 6112, 6113, 61151, 622, 7121, politan transit authorities, real estate rental & leased properties, 71394, 721, 722, 813, 92. lodging and food services, property management, schools, and public administration or other public institutions Plumbing, Heating, and Air-Condi- 238220, 811111, 81131, 811412 .. Plumbing, heating, and air-conditioning contractors, and refrigerant tioning Contractors. recovery contractors, including automotive repair Manufacturers and Distributors of 325120, 441310, 447110 ...... Automotive parts and accessories stores and manufac- Small Cans of Refrigerant. turers Reclaimers ...... 325120, 423930, 424690, 562920, Industrial gas manufacturers, recyclable material merchant whole- 562212. salers, materials recovery facilities, waste , and other chemical and allied products merchant wholesalers Disposers and Recyclers of Appli- 423990, 562212, 562920 ...... Materials recovery facilities, solid waste landfills, and other miscella- ances. neous durable goods merchant wholesalers Refrigerant Wholesalers ...... 325120, 42, 424690 ...... Industrial gas manufacturers, other chemical and allied products mer- chant wholesalers, wholesale trade Certifying Organizations ...... 541380 ...... Environmental test laboratories and services

This table is not intended to be ozone-depleting refrigerant. that are not exempt from the venting exhaustive, but rather provides a guide Specifically, these provisions include: prohibition, including but not limited to for readers regarding the types of Restricting the servicing of appliances hydrofluorocarbons (HFCs), in order to entities that could potentially be and the sale of refrigerant to certified interpret, explain, and enforce the regulated by this action. Other types of technicians; specifying the proper venting prohibition. entities not listed in the table could also evacuation levels before opening an be affected. To determine whether your appliance; requiring the use of certified C. What is the Agency’s authority for facility, company, business refrigerant recovery and/or recycling taking this action? organization, or other entity is regulated equipment; requiring the maintenance Section 608 of the CAA provides EPA by this action, you should carefully and repair of appliances that meet size authority for these revisions to the examine the regulations in subpart F and leak rate thresholds; requiring that and this rule. If you have questions refrigerant be removed from appliances regulations found at 40 CFR part 82, regarding the applicability of this action prior to disposal; requiring that subpart F. EPA’s authority for this to a particular entity, consult the person appliances have a servicing aperture or rulemaking is supplemented by section listed in the FOR FURTHER INFORMATION process stub to facilitate refrigerant 301(a), which provides authority to CONTACT section. recovery; requiring that refrigerant ‘‘prescribe such regulations as are reclaimers be certified in order to necessary to carry out [the EPA B. What action is the Agency taking? reclaim and sell used refrigerant; and Administrator’s] functions under this The regulations in 40 CFR part 82, establishing standards for technician Act,’’ and section 114, which provides subpart F (subpart F) that are in effect certification programs, recovery authority for the EPA Administrator to before this final action takes effect (often equipment, and quality of reclaimed require recordkeeping and reporting in referred to in this notice as the ‘‘prior’’ refrigerant. carrying out any provision of the CAA or ‘‘previous’’ regulations) require that This rule updates the prior refrigerant (with certain exceptions that do not persons servicing, maintaining, management requirements in subpart F apply here). More detail on EPA’s repairing, or disposing of air- that apply to ozone-depleting authority for this action is provided in conditioning and refrigeration refrigerants. It also extends those subsequent sections. equipment observe certain service requirements, as appropriate, to non- practices that reduce emissions of ozone depleting substitute refrigerants

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D. What are the incremental costs and refrigerant savings combined are potential (ODP) of the gases emitted. benefits of this action? estimated to be approximately $19.5 Avoided emissions of ozone-depleting The revisions in this rule require million per year. A detailed description refrigerants and non-ozone depleting certain businesses to take actions that of the comments received on the substitutes will also reduce climate have associated costs, such as proposed analysis can be found in impacts because most of these conducting leak inspections, repairing Section VI of this preamble as well as refrigerants are potent greenhouse gases. , and keeping records. Total annual the response to comments document Weighted by their global warming incremental compliance costs associated found in the docket. A full description potentials (GWP) 1, EPA estimates that with this rule are estimated to be $24.5 of the technical analysis can be found in the revisions will prevent annual million per year in 2014 dollars using a the document Analysis of the Economic emissions of greenhouse gases 7 percent discount rate. Costs were Impact and Benefits of Final Revisions equivalent to 7.3 million metric tons of modeled for a single typical year in to the National Recycling and Emission (MMTCO2eq). The which all the requirements were in Reduction Program in the docket. reductions in emissions of GHGs and effect, based on the appliance EPA estimates that this rule will ODS have benefits for human health and distribution modeled for 2015. Total prevent damage to the stratospheric the environment because of the threats annual operating savings associated ozone layer by reducing emissions of these substances pose to human health with reduced refrigerant use are ozone-depleting refrigerants by and the environment. Such threats are estimated to be $44 million; thus approximately 114 metric tons per year, discussed further in Section II.D of this incremental compliance costs and weighted by the ozone-depletion notice.

TABLE 2—ANNUAL GHG AND ODS EMISSIONS AVOIDED

GHG emissions avoided ODS (MTCO2eq) emissions avoided (ODP- Rule component weighted HFC ODS Total MT) ODS

Leak Repair and Inspection ...... Comfort Cooling ...... 1,425,000 2,487,000 3,912,000 78 Commercial Refrigeration ...... 1,246,000 1,077,000 2,323,000 30 IPR ...... 275,000 169,000 444,000 5 Reporting & Recordkeeping ...... Self-sealing Valves on Small Cans 657,000 ...... 657,000 ......

Total ...... 3,603,000 3,733,000 7,336,000 114 Totals may not sum due to independent rounding.

Details of the methods used to CAA section 307(d)(7)(B), only an Pennsylvania Ave. NW., Washington, estimate the benefits are discussed in objection to this final action that was DC 20460, with a copy to the person Section VI of this notice and the raised with reasonable specificity listed in the preceding FOR FURTHER Analysis of the Economic Impact and during the period for public comment INFORMATION CONTACT section, and the Benefits of Final Revisions to the can be raised during judicial review. Associate General Counsel for the Air National Recycling and Emission This section also provides a mechanism and Radiation Law Office, Office of Reduction Program in the docket. for EPA to convene a proceeding for General Counsel (Mail Code 2344–A), reconsideration, ‘‘[i]f the person raising Environmental Protection Agency, 1200 E. Judicial Review an objection can demonstrate to [EPA] Pennsylvania Ave. NW., Washington, Under CAA section 307(b)(1), judicial that it was impracticable to raise such DC 20460. review of this final action is available objection within [the period for public II. Background only by filing a petition for review in comment] or if the grounds for such the U.S. Court of Appeals for the District objection arose after the period for A. What are ozone-depleting of Columbia Circuit by January 17, 2017. public comment (but within the time substances? This final action is a nationally specified for judicial review) and if such The stratospheric ozone layer protects applicable regulation and has objection is of central relevance to the life on Earth from the sun’s harmful nationwide scope and effect because it outcome of this rule.’’ Any person ultraviolet (UV) radiation. ODS are makes revisions to the EPA’s regulations seeking to make such a demonstration to generally man-made chemicals that, for the National Recycling and Emission us should submit a Petition for when transported by winds into the Reduction Program found at 40 CFR part Reconsideration to the Office of the stratosphere, release or 82, subpart F, which are nationally Administrator, Environmental and damage that protective applicable regulations that have Protection Agency, Room 3000, William ozone layer. ODS are used as nationwide scope and effect. Under Jefferson Clinton Building, 1200 refrigerants, solvents, foam blowing

1 Unless otherwise stated, GWPs stated in this Fourth Assessment Report of the Intergovernmental New York, NY, USA. This document is accessible document are 100-year integrated GWPs, relative to Panel on [Solomon, S., D. Qin, M. at www.ipcc.ch/publications_and_data/ar4/wg1/en/ a GWP of 1 for carbon dioxide, as reported in IPCC, Manning, Z. Chen, M. Marquis, K.B. Averyt, M. contents.html. For blends of multiple compounds, 2007. Climate Change 2007: The Physical Science Tignor and H.L. Miller (eds.)]. Cambridge we are weighting the GWP of each component by Basis. Contribution of Working Group I to the University Press, Cambridge, United Kingdom and mass percentage in the blend.

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agents, propellants, fire program for ozone-depleting refrigerants programs prior to the publication of the suppression agents, and in other smaller recovered during the maintenance, 1993 Rule to receive formal applications. The Clean Air Act divides service, repair, and disposal of air- certification. The rule also clarified the ODS into two categories: Class I and conditioning and refrigeration scope of the technician certification class II substances. The production of appliances. These regulations were requirement and provided a limited new class I ODS, which includes intended to substantially reduce the use exemption from certification (CFCs), methyl and emissions of ozone-depleting requirements for apprentices. , , refrigerants. The August 8, 1995, rule responded to halons, and other compounds has been The regulations first established in the a settlement agreement between EPA banned for over a decade. The 1993 Rule require that persons servicing and the Chemical Manufacturers production of new class II substances, air-conditioning and refrigeration Association to give additional flexibility which are all hydrochlorofluorocarbons equipment containing an ozone- to repair or retrofit IPR appliances (HCFCs), will be phased down 99.5 depleting refrigerant observe certain containing ODS. EPA allowed owners or percent by 2020. practices that reduce emissions. They operators additional time beyond 30 The initial concern about the ozone also established requirements for days to complete repairs and more than layer in the 1970s led to a ban on the refrigerant recovery equipment, one year to retrofit appliances where use of CFCs as aerosol propellants in reclaimer certification, and technician certain conditions applied (i.e., several countries, including the United certification, and restricted the sale of federally owned equipment located in States. In 1985, the Vienna Convention refrigerant so that only certified areas subject to radiological on the Protection of the Ozone Layer technicians could purchase it. In contamination, unavailability of was adopted to formalize international addition, they required the removal of necessary parts for IPR, or instances cooperation on this issue. Additional ODS from appliances prior to disposal, where adherence to local, state, or efforts resulted in the adoption of the and that all air-conditioning and federal laws hinder immediate repairs on Substances that refrigeration equipment using an ODS for IPR). EPA also clarified that purged Deplete the Ozone Layer in 1987. be provided with a servicing aperture or refrigerants that have been captured and Today, all Parties to the Montreal process stub to facilitate refrigerant destroyed can be excluded from the leak Protocol have agreed to phase out the recovery. rate calculations. production and consumption of ODS The 1993 Rule also established a The July 24, 2003, rule finalized controlled by the Protocol. requirement to repair leaking appliances portions of a proposed rulemaking (61 containing 50 or more pounds of ODS FR 7858; February 29, 1996) that B. What is the National Recycling and refrigerant. The rule set an annual leak Emission Reduction Program? amended the recordkeeping aspects of rate of 35 percent for commercial the section 608 technician certification Section 608 of the CAA bears the title refrigeration appliances and IPR and 15 program, refined aspects of the ‘‘National Recycling and Emissions percent for comfort cooling appliances. refrigerant sales restriction, adopted Reduction Program.’’ Under the If the applicable leak rate was exceeded, updated versions of ARI Standards 700 2 structure of section 608, this program the appliance must be repaired within and 740 3, amended several definitions, has three main components. First, 30 days. section 608(a) requires EPA to establish EPA revised these regulations through and set forth procedures for the standards and requirements regarding subsequent rulemakings published on revocation and/or of use and disposal of class I and II August 19, 1994 (59 FR 42950), approval to certify technicians and substances, including a comprehensive November 9, 1994 (59 FR 55912), refrigerant recovery and/or recycling refrigerant management program to limit August 8, 1995 (60 FR 40420), July 24, equipment and revocation and/or emissions of ozone-depleting 2003 (68 FR 43786), March 12, 2004 (69 suspension procedures for certification refrigerants. This program is to include FR 11946), January 11, 2005 (70 FR as a refrigerant reclaimer. regulations that reduce the use and 1972), May 23, 2014 (79 FR 29682), and The March 12, 2004, rule exempted emissions of class I and II substances to April 10, 2015 (80 FR 19453). EPA also from the venting prohibition under the lowest achievable level and that issued proposed rules to revise the section 608(c)(2) specific non-ozone maximize the recapture and recycling of regulations in subpart F on June 11, depleting substances that the Agency such substances. The second 1998 (63 FR 32044), elements of which found did not pose a threat to the component, section 608(b), requires that were not finalized, and on December 15, environment (69 FR 11946). Notably, the regulations issued pursuant to 2010 (75 FR 78558), which was also not EPA did not exempt HFC or subsection (a) contain requirements for finalized. EPA is withdrawing and perfluorocarbon (PFC) refrigerants from the safe disposal of class I and class II therefore not finalizing the 2010 the venting prohibition. The rule substances. The third component, proposed rule. Instead, EPA re-proposed clarified that regulations affecting the section 608(c), prohibits the knowing elements of both the 1998 and the 2010 handling and sales of ozone-depleting venting, release, or disposal of ozone- proposed rules in the notice of proposed refrigerants apply to blends that contain depleting refrigerants and their rulemaking (80 FR 19453) for this rule. an ODS. substitutes during the maintenance, The August 19, 1994, rule amended The January 11, 2005, rule clarified service, repair, or disposal of air- specific definitions, required practices, that the leak repair requirements also conditioning and refrigeration and reporting and recordkeeping apply to blends that contain an ODS (70 appliances or IPR. This prohibition is requirements, as well as adopted 2 also referred to as the ‘‘venting industry standards for reclaimed ODS The Air Conditioning and Refrigeration Institute Standard 700, Specification for and prohibition’’ in this action. Section 608 refrigerants. Other Refrigerants, contains standards for the is described in greater detail in Section The November 9, 1994, rule clarified reclamation of used refrigerants. III. the conditions under which technician 3 The Air Conditioning and Refrigeration Institute EPA first issued regulations under certification programs were Standard 740, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling section 608 of the CAA on May 14, 1993 grandfathered, allowing technicians Equipment, contains standards for the equipment (58 FR 28660, ‘‘1993 Rule’’), to establish who had participated in voluntary used to recover refrigerant from air-conditioning the national refrigerant management technician training and certification and refrigeration appliances.

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FR 1927). The rule amended the potentials (ODPs), followed by overall risk to human health and the required practices and associated restrictions on all other HCFCs, and environment for the same use. Thus, reporting/recordkeeping requirements ultimately a complete phaseout (58 FR EPA’s SNAP program does not provide and clarified certain leak repair 15014, March 18, 1993, and 58 FR a static list of alternatives. Instead, the requirements. 65018, December 10, 1993). EPA SNAP list evolves as EPA makes On December 15, 2010 (75 FR 78558, continues to issue allowances for the decisions informed by our overall ‘‘proposed 2010 Leak Repair Rule’’), production and consumption of HCFCs understanding of the environmental and EPA proposed to create a streamlined that have not yet been phased out. The human health impacts as well as our set of leak repair requirements that are allowance levels reflect not only current knowledge about available applicable to all types of appliances phaseout schedules but also use substitutes. Under SNAP, EPA has containing 50 or more pounds of ozone- restrictions under section 605(a) of the reviewed over 400 substitutes in the depleting refrigerant. The rule also CAA. The phaseout schedule and refrigeration and air-conditioning; fire proposed to reduce the leak repair rates. allowance levels can be found at 40 CFR suppression; foam blowing; solvent EPA did not finalize that rule and EPA part 82, subpart A. cleaning; ; adhesives, coatings, has withdrawn that proposal through EPA established the refrigerant and inks; sterilants; and tobacco this rulemaking, although, as noted management program shortly before the expansion sectors. To date, SNAP has above, EPA also re-proposed elements of CFC phaseout. Similarly, today’s rule to issued 31 notices and 20 rulemakings that proposal in the notice of proposed update those regulations closely listing alternatives as acceptable, rulemaking for this rule. precedes the phaseout of HCFCs. In acceptable subject to use conditions, Finally, on May 23, 2014 (79 FR 2020, production and consumption of acceptable subject to narrowed use 29682), and April 10, 2015 (80 FR HCFCs will be limited to 0.5% of limits, or unacceptable for those various 19453), EPA expanded the list of baseline, and may not include HCFC– end-uses. substitute refrigerants that EPA has 22, the most commonly used HCFC For example, on April 10, 2015, the exempted from the CAA venting refrigerant. The reasons for encouraging SNAP Program listed as acceptable, prohibition to include certain a viable CFC recycling program support subject to use conditions, three hydrocarbons in specific end-uses. the same approach for HCFCs. The 1993 hydrocarbons, one hydrocarbon blend, Rule discussed a 1990 advance notice of and HFC–32 as substitute refrigerants in C. What developments have occurred proposed rulemaking regarding a a number of refrigeration and air- since EPA first established the National national CFC recycling program. As the conditioning end-uses (80 FR 19454). Recycling and Emission Reduction 1993 Rule discussed, that 1990 notice The SNAP program has also recently Program? emphasized that recycling is important listed a number of additional refrigerant 1. Phaseout of CFCs and HCFCs because it would allow the continued options, including blends of use of equipment requiring CFCs for (HFOs) and HFCs In 1993, when EPA established the service past the year in which CFC that have lower global warming refrigerant management requirements of production is phased out, thereby potentials (GWPs) (October 21, 2014, 79 subpart F, CFCs and HCFCs were the eliminating or deferring the cost of early FR 62863; July 20, 2015, 80 FR 42870). most commonly used refrigerants, retirement or retrofit of such equipment. EPA anticipates that industry will depending on the specific application. Because of the continued use of these continue to develop safer alternatives Just six months prior, in November substances in existing equipment, and that EPA will continue to review 1992, the Parties to the Montreal recycling can serve as a useful bridge to information concerning additional Protocol accelerated the phaseout alternative products while minimizing refrigerant options and determine the schedule for CFCs through the disruption of the current capital stock of appropriate action needed to safeguard Copenhagen Amendment, so that there equipment. (58 FR 28661). human health and the environment. would be a complete phaseout by 1996. More than twenty years later, with the Due to the change in the suite of The Copenhagen Amendment also experience gained through the phaseout acceptable refrigerants available for established a phaseout schedule for of CFCs, reducing emissions of HCFCs some end-uses, EPA anticipates that the HCFCs. The schedule for HCFCs was and maximizing their recovery and relative amounts of different refrigerants later amended and now calls for a 35 reclamation remains just as important in stocks in the will percent reduction in production and for ensuring the continued viability of change, and thus that the universe of consumption from each Article 2 Party’s the current stock of equipment. The refrigerants subject to the refrigerant (developed country’s) cap by 2004, transition out of CFC and now HCFC management program will continue to followed by a 75 percent reduction by refrigerants is one reason that it is evolve. The diversity of refrigerants and 2010, a 90 percent reduction by 2015, a important to update the refrigerant the potential for cross-contamination are 99.5 percent reduction by 2020, and a management regulations in subpart F. two reasons why it is important to total phaseout by 2030. From 2020 to clarify how all refrigerants, including 2. Development of Non-ODS 2030, production and consumption at non-exempt substitute refrigerants, Alternatives only 0.5 percent of baseline is allowed should be handled under the refrigerant solely for servicing existing air- The universe of available refrigerants management regulations in subpart F. conditioning and refrigeration has expanded dramatically since EPA equipment. first established the refrigerant 3. Increased Attention to HFCs as The United States chose to implement management regulations in subpart F. Climate the Montreal Protocol phaseout Under the Significant New Alternatives Domestic and international efforts to schedule on a chemical-by-chemical Policy (SNAP) program (CAA section protect the ozone layer have also helped basis. In 1993, as authorized by section 612), EPA identifies substitutes that to protect the global climate, because in 606 of the CAA, EPA established a pose lower overall risks to human addition to damaging ozone in the phaseout schedule that eliminated health and the environment and must stratosphere, CFCs and HCFCs are also HCFC–141b first and would greatly prohibit the use of substitutes for which potent GHGs. HFCs, which are the restrict HCFC–142b and HCFC–22 next, there are other available or potentially predominant class of compounds being due to their high ozone depletion available alternatives posing lower used as replacements for ODS, also can

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have high GWPs. As their use has safer and more sustainable alternatives from 2007 to 2011, respectively. increased, concern has grown over the to HFCs. To implement the Climate Without action, annual global emissions environmental damage caused by heat Action Plan, the Department of Defense, of HFCs are projected to rise to about trapped in the by HFCs. General Services Administration, and 6,400 to 9,900 MMTCO2eq in 2050, On December 7, 2009, (74 FR 66496) National Aeronautics and Space which is comparable to the drop in the Administrator issued an Administration recently amended the annual GHG emissions of ODS of 8,000 Endangerment Finding regarding GHGs Federal Acquisition Regulation to MMTCO2eq between 1988 and 2010 under section 202(a) of the CAA. As part encourage the purchase of alternatives (UNEP, 2011). of this finding, EPA concluded that the to high GWP HFCs (81 FR 30429; May As these HFCs accumulate in the current and projected concentrations of 16, 2016). This rule is designed to atmosphere, they change the balance six key well-mixed GHGs in the promote the use of safer chemical between energy entering the Earth’s atmosphere—carbon dioxide (CO2), alternatives to HFCs by service and climate from the sun and energy methane (CH4), nitrous (N2O), vendor contractors. To help agencies escaping the Earth into space. The HFCs, PFCs, and sulfur hexafluoride monitor progress, the amendment change in the net rate at which energy (SF6)—endanger both the health and requires contractors to keep records of enters the atmosphere is called radiative welfare of current and future and report on the amounts of HFCs forcing. By 2050, the buildup of HFCs generations. While this finding was added or removed during the routine in the atmosphere is projected to made specifically for the purposes of maintenance, repair, or disposal of increase to 0.22–0.25 section 202(a) of the CAA, EPA is appliances with a full charge of 50 or W m2. To appreciate the significance of cognizant of the global climate risks more pounds of HFC or HFC blend the projected HFC radiative forcing generally discussed in the finding in its refrigerant. within the context of all GHGs, the work to reduce emissions of HFCs and Minimizing the emissions and forcing from HFCs would be 6–9% of other GHGs. maximizing the recovery and reuse of that from CO2 in the IPCC’s ODS and HFC refrigerants are consistent representative concentration pathways i. Climate Action Plan with the Climate Action Plan. EPA (RCP6 and RCP8.5) in 2050 (Velders et In June 2013, the President estimates that the revisions finalized in al., 2015). 4 this action will prevent annual announced the Climate Action Plan. iii. Montreal Protocol Amendment emissions of refrigerant equivalent to Among the many actions called for, the Proposal Climate Action Plan outlined a set of 7.3 MMTCO2eq. Of this amount, 3.6 measures to address HFCs. The Climate MMTCO2eq are due to HFCs and 3.7 For the past six years, the United Action Plan states: ‘‘to reduce emissions MMTCO2eq are due to ODS. Because of States, , and Mexico have of HFCs, the United States can and will the significant environmental benefit to proposed an amendment to the lead both through international be gained by addressing HFC Montreal Protocol to phase down the diplomacy as well as domestic actions.’’ refrigerants, it is important to update the production and consumption of HFCs. Part of this international diplomacy is refrigerant management regulations in The United States seeks adoption of an the proposed Amendment to the subpart F. amendment that is acceptable to all Montreal Protocol discussed below. The Parties. Global benefits of the ii. Trends in HFC Use and Future amendment proposal would yield Climate Action Plan also directed EPA Projections to use its authority through the SNAP significant reductions of over 90 program ‘‘to encourage private sector Although HFCs represent a small gigatons of carbon dioxide equivalent investment in low-emissions technology fraction of current GHG emissions by (CO2eq) through 2050. A number of by identifying and approving climate- weight, their warming impact per other Parties to the Montreal Protocol friendly chemicals while prohibiting kilogram is very strong. The most have also proposed amendments to certain uses of the most harmful commonly used HFC, HFC–134a, has a phase down global production and chemical alternatives.’’ In July 2015, GWP of 1,430, which means it traps consumption of HFCs. These proposals EPA finalized a rule that revised the 1,430 times as much heat per kilogram were introduced by a group of Island listing status for certain substitutes as carbon dioxide does over 100 years. States; the ; and India. previously listed as acceptable under The majority of global, and U.S., HFC On November 6, 2015, the Parties to the the SNAP program (80 FR 42870). That use is in the refrigeration and air Montreal Protocol adopted the ‘‘Dubai rule revised the status of certain HFCs conditioning sector. HFC emissions are Pathway’’ on HFCs, which provides that and HCFCs for various end-uses in the projected to increase substantially and the Parties would work together, within aerosols, refrigeration and air- at an increasing rate over the next the Montreal Protocol, to adopt an HFC conditioning, and foam blowing sectors. several decades if their production is amendment in 2016. EPA made these revisions based on left uncontrolled. In the United States, emissions of HFCs are increasing more 4. Petition From the Alliance for information showing that other Responsible Atmospheric Policy substitutes are available for the same quickly than those of any other group of On January 31, 2014, the Alliance for uses that pose lower risk overall to GHGs, and globally they are increasing Responsible Atmospheric Policy (the human health and the environment. A 10 to 15 percent annually. At that rate, Alliance) petitioned the Agency to copy of the Climate Action Plan is emissions are projected to double by initiate a rulemaking to apply the available in the docket to this rule. 2020 and triple by 2030. The President’s Climate Action Plan HFCs are also rapidly accumulating in section 608 refrigerant management also calls on the federal government to the atmosphere. The atmospheric regulations to HFCs and other substitute reduce emissions of HFCs by purchasing concentration of HFC–134a has refrigerants. In that petition, the alternatives whenever feasible and increased by about 10 percent per year Alliance requested that EPA extend the transitioning to equipment that uses from 2006 to 2012, and the section 608 regulations relating to concentrations of HFC–143a and HFC– refrigerant sales and distribution 4 The President’s Climate Action Plan, 2013, 125, which are components of restrictions, and the evacuation, https://www.whitehouse.gov/sites/default/files/ commonly used refrigerant blends, have certification, reclamation and recovery, image/president27sclimateactionplan.pdf. risen over 13 and 16 percent per year leak repair, reporting and recordkeeping

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requirements to HFCs. The petition and public health concerns are well of non-melanoma skin cancers. Basal argues that applying the section 608 established. Emissions of ODS lead to cell carcinomas are the most common requirements to HFCs ‘‘would increase chemical reactions that reduce the type of skin cancer tumors. Basal cell the environmental benefits already amount of ozone in the stratosphere. carcinoma grows slowly, and rarely realized from the section 608 Less ozone in the stratosphere means spreads to other parts of the body. It regulations, through reduced HFC that more UVA and UVB radiation can, however, penetrate to the bone and emissions, and would complement the reaches the earth’s surface and is cause considerable damage. Squamous United States’ goal of a global phase incident on exposed organisms, cell carcinomas are tumors that may down in HFC production and including humans. Adverse health appear as nodules or as , scaly consumption.’’ The petition cites effects associated with exposure to UV patches. This cancer can develop into sections 608(c)(2) and 301(a) of the CAA radiation include skin cancer, cataracts, large masses and can spread to other as authority for these revisions. A copy and immune suppression. The Scientific parts of the body. of the petition is included in the docket Assessment of Ozone Depletion,5 Other UV-related skin disorders for this rulemaking. While EPA is not prepared by the Scientific Assessment include actinic keratoses and premature taking today’s action solely as a result Panel to the Montreal Protocol, and aging of the skin. Actinic keratoses are of the Alliance petition, this rulemaking Environmental Effects of Ozone skin growths that occur on body areas constitutes the Agency’s response to the Depletion and its Interactions with exposed to the sun. The face, hands, petition. Climate Change,6 prepared by the forearms, and neck are especially Environmental Effects Assessment Panel D. What are the goals of this rule? susceptible to this type of lesion. to the Montreal Protocol provide Although premalignant, actinic The Agency has two goals for this comprehensive information regarding keratoses are a risk factor for squamous rulemaking. The first is to promote the the links between emissions of ODS, cell carcinoma. Chronic exposure to the proper handling and use of ozone- ozone layer depletion, UV radiation, sun also causes premature aging, which depleting and substitute refrigerants. and human health effects. Both over time can make the skin become Doing so will protect the stratospheric documents are available in the docket thick, wrinkled, and leathery. ozone layer by reducing emissions of for this rule. Research has shown that UV radiation ODS refrigerants and protect the climate The most common forms of skin increases the likelihood of certain system by reducing emissions of cancer are strongly associated with UV cataracts. (Taylor, H.R., et al., 1988. refrigerant gases with high GWPs. High- radiation, and UV exposure is the most Effect of ultraviolet radiation on GWP refrigerants include both ODS preventable cause of skin cancer (U.S. cataract formation, New England refrigerants and most substitute Department of Health and Human Journal of Medicine, 319, 1429–33; refrigerants, including HFCs, that EPA Services. The Surgeon General’s Call to West, S. et al., 2005. Model of Risk of has not exempted from the venting Action to Prevent Skin Cancer. Cortical Cataract in the US Population prohibition under CAA section 608. The Washington, DC: U.S. Department of with Exposure to Increased Ultraviolet second goal of this rulemaking is to Health and Human Services, Office of harmonize the requirements across all the Surgeon General; 2014). Skin cancer Radiation due to Stratospheric Ozone major refrigerant types and update the is the most common form of cancer in Depletion, American Journal of regulations in plain language to reduce the United States, with more than 3.5 Epidemiology, 162, 1080–1088.) uncertainty and complexity for the million new cases diagnosed annually Cataracts are a form of eye damage in regulated community, as well as (American Cancer Society, Cancer Facts which a loss of transparency in the lens increase clarity, encourage compliance, and Figures, 2015). Rates for new cases of the eye vision. If left and facilitate enforcement. of melanoma, the most serious form of untreated, cataracts can lead to skin cancer, have been rising on average blindness. Although curable with 1. Promoting the Proper Handling of 1.4 percent each year over the last 10 modern eye surgery, cataracts diminish Refrigerants years (National Cancer Institute, SEER the eyesight of millions of Americans. Today’s rule will reduce the use and Stat Fact Sheets: Melanoma of the Skin, Other kinds of eye damage caused by emission of refrigerants, maximize the available at http://seer.cancer.gov/ UV radiation include pterygium (i.e., recapture and recycling of such statfacts/html/melan.html, accessed tissue growth that can block vision), substances, and further interpret, May 5, 2015). In 2015, it is estimated skin cancer around the eyes, and explain, and enforce the prohibition on that 70,000 Americans will have been degeneration of the macula which knowingly venting or releasing diagnosed with melanoma and almost contains the part of the retina where refrigerants during the maintenance, 10,000 will have died as a result of the visual perception is most acute. service, repair, or disposal of disease (American Cancer Society, Another benefit of reducing appliances. Cancers Facts and Figures, 2015). refrigerant emissions is protection of the EPA estimates that this rule will Non-melanoma skin cancers are less climate system. Many refrigerants, result in annual reductions in emissions deadly than melanomas, but if left including ODS and substitutes for ODS, of approximately 114 ODP-weighted untreated they can spread, causing are potent GHGs, having GWPs metric tons. A separate support disfigurement and more serious health thousands of times higher than that of document Analysis of the Economic problems. There are two primary types carbon dioxide (CO2), which has a GWP Impact and Benefits of Final Revisions of one. For example, HCFC–22 has a to the National Recycling and Emission 5 World Meteorological Organization (WMO), GWP of 1,810. R–404A, a commonly Reduction Program contains a full Scientific Assessment of Ozone Depletion: 2014, used HFC refrigerant blend, has a GWP World Meteorological Organization, Global Ozone discussion of the benefits of this rule Research and Monitoring Project—Report No. 55, of 3,922. Other common HFC and is available in the docket. 416 pp., Geneva, Switzerland, 2014. refrigerants, with their GWPs, include Stratospheric ozone depletion 6 United Nations Environment Programme, R–134a (1,430), R–410A (2,088), R– decreases the atmosphere’s ability to Environmental Effects Assessment Panel, 407A (2,107), and R–507A (3,985). EPA shield life on the Earth’s surface from Environmental effects of ozone depletion and its estimates that today’s rule will reduce interactions with climate change: progress report, the sun’s UV radiation. The links 2011, Photochem. Photobiol. Sci., 2012, 11, DOI: GWP-weighted emissions by between stratospheric ozone depletion 10.1039/c1pp90033a. approximately 7.3 MMTCO2eq per year.

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To briefly summarize, GHGs cause more easily find information on Electronic Reporting. EPA has climate change by trapping heat on discharges/emissions, established the email address Earth. The Earth is constantly receiving environmental conditions, and [email protected] and this rule energy from the sun in the form of noncompliance. requires that all reports that do not radiation, while at the same time, • Electronic Reporting: Implement contain confidential business energy is radiating away into space, electronic systems to make reporting information be submitted to EPA at that mostly as infrared radiation. By easier, more efficient, and less costly. address. EPA is also revising the absorbing and radiation that For the user, these systems offer speed, regulations to explicitly state that otherwise would escape into space, convenience, expanded information owners and operators of appliances GHGs throw off the balance between choices, and filing capabilities. For subject to the leak repair provisions may incoming and escaping radiation, government, they offer the ability to use electronic systems to track when resulting in more energy in the Earth’s increase transparency, improve our and how much refrigerant is added to climate system. ability to spot and compliance equipment and to keep other required As described in the EPA’s 2009 issues, and respond quickly to emerging records. Endangerment Finding (74 FR 66496) problems. Transparency. EPA is requiring and subsequent reports by the IPCC, the • Transparency: Make the members of the regulated community to United States Global Change Research information we have today more post additional information online that Program, and the National Research accessible, and make new information is of use to this sector. For example, Council, climate change impacts obtained from advanced monitoring and equipment testing organizations must threaten the health of Americans in electronic reporting publicly available. post lists of certified recovery and/or multiple ways and touch on nearly • Innovative Enforcement: Use Next recycling equipment on their Web sites every aspect of public welfare. For more Generation Compliance principles and rather than submit paper reports to EPA. information on GHGs and climate tools in enforcement planning and Certifying organizations must also change in the United States, visit cases. publish lists of technicians that they www.epa.gov/climatechange. Effective Regulations. The Agency and certify online to assist technicians who industry have more than 20 years of have lost their certification cards. EPA 2. Improving Rule Effectiveness experience implementing and operating also posts to its Web site data on the The second goal of today’s rule is to under the refrigerant management amount of ODS refrigerant reclaimed improve the clarity and effectiveness of regulations in subpart F. Through that each year. Under this final rule EPA will the subpart F regulations. Achieving the experience, it has become clear that begin collecting and making available health and environmental benefits of there are elements of the program that reclamation data for non-exempt these rules depends on widespread could be made more effective. This rule substitute refrigerants which should compliance, and understanding of the revises the structure of these regulations provide EPA and the general public a regulations by the regulated community to clearly lay out the process for greater understanding of the extent of enhances compliance. repairing refrigerant leaks and adds HFC recovery and reclamation. EPA has begun an initiative to steps to ensure that the repairs were Innovative Enforcement. EPA has improve the effectiveness of its rules successful. This rule also for the first incorporated innovative enforcement called Next Generation Compliance. The time addresses chronically leaking principles into subpart F since its vision for this initiative is to make it systems in a manner that minimizes the inception, and this rule updates and easier for the regulated community to burden on compliant systems. EPA has strengthens those principles. For understand and comply with reorganized the subpart so affected example, the refrigerant sales restriction environmental laws and inform the entities can more easily find the is an effective way to ensure that anyone public about their performance. Most provisions that apply to them, including maintaining, servicing, or repairing an importantly, this initiative will help recordkeeping and reporting. This rule appliance is a certified technician. EPA ensure that all Americans are protected removes outdated requirements and, has also required certification of from significant risks to human health where appropriate, removes refrigerant recovery equipment by and the environment and have access to unnecessary distinctions between independent third parties (i.e., UL and information that allows them to more refrigerants, appliance types, and Air Conditioning, Heating, and fully engage in environmental recovery equipment types. Clearer Refrigeration Institute (AHRI)) to ensure protection efforts. regulations will also be supported by that recovery equipment meets the The Agency has identified several comprehensive compliance assistance applicable standards. This ensures that interconnected components in the materials for each industry segment technicians who use these devices to Office of Enforcement and Compliance affected by this final regulation. EPA recover refrigerant are also using Assurance’s 2014–2017 strategic plan hopes to make it easier for the regulated equipment that, when following the for its Next Generation Compliance community to understand their manufacturer’s instructions, will meet initiative that can improve the obligations when handling refrigerants, the minimum refrigerant evacuation effectiveness of rules: thereby improving compliance and requirements. EPA also relies on third • Effective Regulations: Design reducing damage to the environment. parties to administer the technician regulations that are clear, as easy to Advanced Monitoring. EPA is certification exam. implement as possible, and that contain encouraging owners/operators of self-reinforcing drivers. For example, appliances containing 50 or more E. What are the major revisions being where possible, design regulations such pounds of refrigerant to install finalized in this rule? that regulated facilities can take steps to automatic leak detection equipment. EPA is finalizing most of the proposed monitor their own performance to Such systems provide continuous revisions to the regulations for the prevent violations, or be certified by an information about whether a system is National Recycling and Emission independent 3rd party. leaking, allowing leaks to be caught Reduction Program. Some of these • Advanced Monitoring: Use sooner. This can reduce both refrigerant revisions strengthen the existing advanced monitoring technology for the costs and labor costs of manually program, in particular by requiring government, industry, and the public to inspecting refrigeration systems. owners and operators to repair systems

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that leak at lower rates than what is continuously operate, and maintain substitute refrigerant transferred for currently required and to verify that automatic leak detection systems. reclamation by refrigerant type. those repairs were successful. Others Based on comments, EPA has given EPA is reducing the burden in this extend, as appropriate, the regulations particular attention to situations where final rule by only requiring maintaining to HFCs and other non-exempt the proposed regulations would have records typically generated in the field substitute refrigerants. Still other required the retrofit or retirement of an during the normal disposal of revisions improve the effectiveness of appliance. EPA has modified the final appliances. Therefore, EPA is not the regulations. After considering rule in numerous places to support the finalizing the proposed requirement to comments, EPA has decided not to proper repair of leaking systems. Most keep records indicating the amount of finalize certain aspects of the proposal. notably, EPA is modifying the proposed refrigerant recovered from each This section briefly discusses the major chronic leaker provision. EPA proposed appliance. Instead, EPA is finalizing a proposed revisions and the final actions that appliances containing 50 or more requirement to record the total amount that EPA is taking. Detailed discussions pounds of ODS or substitute refrigerant of refrigerant, by type, recovered from of all of the revisions to the regulations that leak more than 75 percent of the all appliances they disposed of over a finalized in this action, changes from appliance’s full charge in each of two calendar month. This tally can be the proposal, and responses to consecutive 12-month periods would performed less frequently and at a significant comments are in Section IV have to be retired or mothballed. EPA is central location. of this notice. EPA also summarizes and finalizing a requirement that owners or 5. Update the Technician Certification responds to all significant comments on operators of appliances that leak 125 Program the proposed action in the comment percent of their full charge in a calendar EPA is finalizing the requirement that response document in the docket. year must submit a report to EPA technicians be certified to handle HFCs detailing their repair efforts. The report 1. Extend the Regulations To Cover and other non-exempt substitutes, as must be submitted no later than March Substitute Refrigerants proposed. EPA is also finalizing the 1 following the calendar year of the proposed requirement for certifying EPA is finalizing the proposed ≥125 percent leak. organizations to publish lists or create extension of the requirements of the online databases of technicians that they National Recycling and Emission 3. Extend the Sales Restriction to certify. Reduction Program to substitute Substitute Refrigerants, With an refrigerants that have not been Exception for Small Cans of MVAC 6. Improving Readability and exempted from the venting prohibition Refrigerant Restructuring the Requirements (also referred to in this action as ‘‘non- EPA is finalizing the proposed EPA is finalizing the extensive exempt substitutes’’). restriction that non-exempt substitute revisions to the regulations in subpart F 2. Strengthen Leak Repair Requirements refrigerants may only be sold to to more clearly state the requirements of technicians certified under sections 608 the National Recycling and Emission Prior to this rule, the leak rates for or 609 of the CAA. In the case of MVAC Reduction Program and to remove ODS equipment were 35 percent for IPR refrigerant, EPA is exempting the sale of potentially ambiguous language, with and commercial refrigeration small cans of non-ODS substitutes to minor changes from the proposal. EPA appliances, and 15 percent for comfort allow the do-it-yourself (DIY) is modifying some of the proposed cooling and other appliances. EPA community to continue servicing their revisions to address additional proposed leak rates of 20 percent for IPR personal vehicles. EPA is requiring that suggestions raised by commenters. and commercial refrigeration and 10 small cans of non-exempt substitute EPA’s intent with these edits is to percent for comfort cooling and other refrigerant be outfitted with self-sealing improve readability, not to change the appliances. Based in part on comments valves by January 1, 2018. Based on substantive content or requirements of received on the proposal, EPA is comments, EPA is not finalizing the the regulations. For edits to the finalizing leak rates for ODS equipment proposal to prohibit the sale of small regulations that are intended to be as follows: 30 percent for IPR, 20 cans that do not contain self-sealing substantive, EPA is discussing those percent for commercial refrigeration valves that were manufactured or revisions in this notice. EPA is adding appliances, and 10 percent for comfort imported prior to that requirement to the docket a red-line version of the cooling and other appliances. EPA is taking effect. final regulatory text from subpart F that also extending the new leak rates to shows the final revisions to the prior equipment using HFCs and other 4. Establish Recordkeeping for Appliances Containing More Than 5 regulations to assist the regulated substitute refrigerants that are not community in identifying the exempt from the venting prohibition. and Less Than 50 Pounds of ODS and Non-Exempt Substitute Refrigerant differences. After considering public comments, EPA is modifying the proposed leak EPA is finalizing revisions to the F. Enforcement of Subpart F Regulations inspection requirements in this final regulations that require that technicians, Subpart F regulations must be rule. EPA proposed to require quarterly or the company employing technicians, enforced to realize their full or annual leak inspections for all keep records when disposing of environmental and human health appliances with a full charge of 50 appliances containing more than five benefit. This section briefly presents pounds or greater, with the more and less than 50 pounds of refrigerant. examples of recent actions that EPA has frequent inspections applying to larger These records include the company taken to enforce the venting prohibition, systems. In the revisions finalized in name, location of the appliance, date of leak repair, and safe disposal provisions this rule, EPA is requiring quarterly or recovery, and type of refrigerant of subpart F. Several provisions that annual leak inspections only for recovered for each appliance. EPA is EPA is finalizing in this rule are based appliances that have exceeded the also finalizing, with some modification, on lessons learned in taking these applicable leak rate. Similar to the the revision to the regulations requiring enforcement actions. These revisions are proposal, owners or operators can forgo that technicians keep records of the intended to encourage compliance and leak inspections if they install, amounts of ODS and non-exempt facilitate potential future enforcement of

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the requirements actions of these and operations, among other violations. In for hardcopy. UL also offers a other sections of the subpart F March of 2016, Ocean Gold Seafoods, subscription service to the Standards regulations. EPA’s Web site contains Inc. and Ocean Cold, LLC entered into Certification Customer Library (SCCL) more information on these enforcement a consent decree with EPA that resolved that allows unlimited access to their actions.7 alleged violations for failing to promptly standards and related documents. The Some commenters stated that EPA repair refrigerant leaks and failing to cost of obtaining this standard is not a should seek better ways to enforce the keep adequate records of the servicing significant financial burden for pre-existing regulations for Class I and of their IPR equipment necessary to equipment manufacturers. Therefore, II ODS. One commenter encouraged prevent leaks. EPA concludes that the UL standard EPA to continue to identify cost- EPA has executed consent decrees to being incorporated by reference is effective means of ensuring that the resolve alleged violations of the safe reasonably available. entire regulated community supports disposal regulations in subpart F. These EPA is not incorporating by reference and follows lawful policies and include decrees in 2016 with Parkway AHRI Standard 700–2016, regulations. Another commenter wrote Iron and Metal, and in 2015 with Metal Specifications for Refrigerants. Rather that venting of HFCs above de minimis Dynamics and Basic Recycling, as well EPA is basing the content found in levels must be severely penalized for the as at least forty-five non-judicial appendix A on this standard. This rule to be as effective as possible. That settlements against scrap recyclers in standard establishes purity commenter encouraged EPA to reiterate 2014 and 2015. specifications for refrigerants, and that EPA welcomes information and EPA also continues to take steps to specifies the associated methods of reporting on an anonymous basis maintain the integrity of the testing for acceptability of refrigerants. regarding parties known to be venting certification programs under subpart F. The standard is available at ODS, HFCs, and any non-exempt EPA recently revoked over a dozen www.ahrinet.org or by mail at Air- substitute. technician certification programs that Conditioning, Heating, and Refrigeration EPA responds that the Agency has had failed to submit the required Institute (AHRI), 2111 Wilson enforced and continues to enforce these biannual activity report (81 FR 28864). Boulevard, Suite 500, Arlington, VA regulations in actions that range from EPA is also ensuring that certified 22201. EPA is incorporating by civil fines to criminal prosecutions. EPA refrigerant reclaimers continue to reference publically available versions encourages anyone who suspects or operate in accordance with § 82.164 and of the standards referenced in AHRI witnesses unlawful releases of maintain records and submit reports in Standard 700–2016. Specifically, these refrigerants or other violations of CAA accordance with § 82.166. EPA recently standards are: regulations to report an environmental published a notice announcing the violation to EPA (www.epa.gov/ previous revocation of the certification —2008 Appendix C for Analytical Procedures enforcement/report-environmental- of eight refrigerant reclaimers and giving for AHRI Standard 700–2014—Normative. violations). In 2014 and 2015, EPA a ninth reclaimer notice of impending This document establishes definitive test procedures for determining the quality of brought or assisted in three cases against revocation (80 FR 75455). new, reclaimed and/or repackaged individuals for violating the venting G. Incorporation by Reference refrigerants in support of the standards prohibition when cutting into the established in AHRI–700. An electronic refrigerant lines to steal metal from This action involves technical copy of the appendix is available at HCFC–22 containing air conditioners. standards. In some instances, EPA is www.ahrinet.org. It is also available by Under the plea agreement in a case from deciding to use a modified version of an mail at Air-Conditioning, Heating, and 2014, the individual cutting the industry standard for purposes of this Refrigeration Institute (AHRI), 2111 Wilson refrigerant line must serve 31 months in rule; in others, EPA is deciding to use Boulevard, Suite 500, Arlington, VA 22201. federal prison and then remain under an industry standard by incorporating it The cost of obtaining this standard is not a significant financial burden. Therefore, court supervision for an additional 12 by reference exactly as written. This section summarizes the technical EPA concludes that the standard being months during which time he must incorporated by reference is reasonably perform 200 hours of community standards that EPA is incorporating by available. service. reference and describes how interested —2012 Appendix D for Gas Chromatograms EPA entered into consent decrees parties can access those standards. for AHRI Standard 700–2014—Informative with the supermarket chains Safeway in Sections IV.C (small cans of MVAC Air-Conditioning, Heating, and 2013, Costco in 2015, and Trader Joe’s refrigerant), Section IV.G (recovery and/ Refrigeration Institute. This appendix in 2016 for violations of the leak repair or recycling equipment), and IV.K provides figures for the gas chromatograms provisions of subpart F for their (reclamation requirements) contain used with Appendix C to AHRI Standard commercial refrigeration units. In 2015, further discussion of these technical 700–2015: Normative. An electronic copy of the appendix is available at EPA obtained corrective action with the standards including comments received on EPA’s proposal to incorporate certain www.ahrinet.org. It is also available by United States Navy to resolve mail at Air-Conditioning, Heating, and allegations of failing to perform leak rate standards by reference. Refrigeration Institute (AHRI), 2111 Wilson calculations when servicing comfort EPA is incorporating by reference UL Boulevard, Suite 500, Arlington, VA 22201. cooling equipment, and with DuPont for 1963, Requirements for Refrigerant The cost of obtaining this standard is not improper maintenance and repair of two Recovery/Recycling Equipment, Fourth a significant financial burden. Therefore, large IPR units. In 2012, EPA executed Edition, June 1, 2011 in appendix B4. EPA concludes that the standard being consent decrees with Icicle Seafoods, This establishes standards for refrigerant incorporated by reference is reasonably American Seafoods Co. LLC, and Pacific recovery and refrigerant recovery/ available. —Federal Specification for ‘‘ Longline Co. LLC for failure to repair recycling equipment to ensure the equipment can be used safely with Refrigerants,’’ BB–F–1421 B, dated March refrigerant leaks at chilling units aboard 5, 1982. This section of this standard its fishing vessels and failure to verify flammable refrigerants. The standard is establishes a method to determine the the adequacy of repairs before resuming available at www.comm-2000.com or by and boiling point range of a writing to Comm 2000, 151 Eastern refrigerant. The standard is available in the 7 https://www.epa.gov/ozone-layer-protection/ Avenue, Bensenville, IL 60106. The cost docket for this rulemaking. Therefore, EPA enforcement-actions-under-title-vi-clean-air-act. is $798 for an electronic copy and $998 concludes that the standard being

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incorporated by reference is reasonably cost of obtaining this standard is not a www.arb.ca.gov/regact/2009/hfc09/ available. significant financial burden. Therefore, hfc09.htm. —GPA STD–2177, Analysis of EPA concludes that the standard being Containing and incorporated by reference is reasonably III. EPA’s Authority Under the Clean Carbon Dioxide by Gas Chromatography, available. Air Act 2013, Gas Processors Association. This —UL Standard 1963–2011, Refrigerant standard establishes methods for analyzing Recovery/Recycling Equipment, Fourth A. Summary of EPA’s Authority for the demethanized liquid hydrocarbon streams Edition, 2011, American National Revisions to Subpart F containing nitrogen/air and carbon Standards Institute/Underwriters The authority for this action is Laboratories, Inc. This standard establishes dioxide, and purity products such as provided primarily by section 608 of the ethane/ mix that fall within safety requirements for and methods to compositional ranges indicated in the evaluate refrigerant recovery and CAA. Section 608 is divided into three standard. The standard is available at refrigerant recovery/recycling equipment. subsections, which together comprise www.techstreet.com or by writing to The standard is available at www.comm- the ‘‘National Recycling and Emission Techstreet, 6300 Interfirst Drive, Ann 2000.com or by writing to Comm 2000, 151 Reduction Program.’’ Among other Arbor, MI 48108. The cost of this standard Eastern Avenue, Bensenville, IL 60106. things, section 608 of the CAA requires is $55 for an electronic copy or $65 for a The cost is $798 for an electronic copy and EPA to establish a comprehensive printed edition. The cost of obtaining this $998 for hardcopy. UL also offers a program to limit emissions of ozone- standard is not a significant financial subscription service to the Standards Certification Customer Library (SCCL) that depleting refrigerants. It also prohibits burden. Therefore, EPA concludes that the the knowing release or disposal of standard being incorporated by reference is allows unlimited access to their standards reasonably available. and related documents. The cost of ozone-depleting refrigerants and their —ASTM Standard D1296–01–2012, Standard obtaining this standard is not a significant substitutes in the course of maintaining, Test Method for Odor of Volatile Solvents financial burden for equipment servicing, repairing, or disposing of air- and Diluents, July 1, 2012, ASTM manufacturers. Therefore, EPA concludes conditioning and refrigeration International. This test method covers a that the UL standard being incorporated by equipment in a manner which permits comparative procedure for observing the reference is reasonably available. such a substance to enter the —AHRI Standard 110–2016, Air- characteristic and residual odors of volatile environment. The three subsections of organic solvents and diluents to determine Conditioning, Heating and Refrigerating Equipment Nameplate Voltages, 2016, Air- section 608 are described in more detail their odor acceptability in a solvent in the following paragraphs. system. The standard is available at Conditioning, Heating, and Refrigeration www.astm.org or by writing to ASTM, 100 Institute. This standard establishes voltage Section 608(a) requires EPA to Barr Harbor Drive, P.O. Box C700, West rating requirements, equipment establish standards and requirements Conshohocken, PA 19428–2959. The cost performance requirements, and regarding use and disposal of class I and of this standard is $39. The cost of conformance conditions for air- II substances. With regard to obtaining this standard is not a significant conditioning, heating, and refrigerating refrigerants, EPA is to promulgate financial burden. Therefore, EPA equipment. A free electronic copy of this regulations establishing standards and concludes that the standard being standard is available at www.ahrinet.org. It is also available by mail at Air- requirements for the use and disposal of incorporated by reference is reasonably class I and class II substances during the available. Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, maintenance, service, repair, or disposal EPA is not incorporating by reference Suite 500, Arlington, VA 22201. The cost of air-conditioning and refrigeration AHRI Standard 740–2016, Performance of obtaining this standard is not a appliances or IPR. Regulations under Rating of Refrigerant Recovery significant financial burden. Therefore, section 608(a) are to include Equipment and Recovery/Recycling EPA concludes that the standard being requirements to reduce the use and Equipment. Rather EPA is basing the incorporated by reference is reasonably emission of ODS to the lowest content found in appendices B3 and B4 available. —International Standard IEC 60038, IEC achievable level, and to maximize the on this standard. This standard Standard Voltages, Edition 7.0, 2009–06, recapture and recycling of such establishes methods of testing for rating International Electrotechnical Commission. substances. Section 608(a) further and evaluating the performance of This standard specifies standard voltage provides that ‘‘such regulations may refrigerant recovery equipment and values which are intended to serve as include requirements to use alternative recovery/recycling equipment. The preferential values for the nominal voltage substances (including substances which standard is available at www.ahrinet.org of electrical supply systems, and as are not class I or class II substances) or or by mail at Air-Conditioning, Heating, reference values for equipment and system to minimize use of class I or class II and Refrigeration Institute (AHRI), 2111 design. The standard is available at www.techstreet.com or by writing to substances, or to promote the use of safe Wilson Blvd., Suite 500, Arlington, VA Techstreet, 6300 Interfirst Drive, Ann alternatives pursuant to section [612] or 22201. EPA is incorporating by Arbor, MI 48108. The cost of this standard any combination of the foregoing.’’ reference the standards referenced in is $50. The cost of obtaining this standard Section 608(b) requires that the AHRI Standard 740–2016. Specifically, is not a significant financial burden. regulations issued pursuant to section these standards are: Therefore, EPA concludes that the standard 608(a) contain requirements for the safe being incorporated by reference is disposal of class I and class II —ANSI/ASHRAE Standard 63.2–1996 (RA reasonably available. 2010) Method of Testing Liquid-Line Filter substances, including requirements that Drier Filtration Capability, 2010, American EPA is not incorporating by reference such substances shall be removed from National Standards Institute/American California Air Resources Board, Test such appliances, machines, or other Society of Heating, Refrigerating and Air- Procedure for Leaks from Small goods prior to the disposal of such items Conditioning Engineers, Inc. The purpose Containers of Automotive Refrigerant, or their delivery for recycling. of this standard is to prescribe a laboratory TP–503, as amended January 5, 2010. Section 608(c) establishes a self- test method for evaluating the filtration Rather EPA is basing the content found effectuating prohibition, commonly capability of filters and filter driers used in liquid lines of refrigeration systems. The in appendix E on this standard. This called the ‘‘venting prohibition,’’ that standard is available at www..org or standard establishes methods for generally speaking, makes it unlawful to by mail at AHSRAE, 1791 Tullie Circle assessing the leak rate from small knowingly release ODS and substitute NE., Atlanta, GA 30329. The cost is $39 for containers of refrigerant. A copy of this refrigerants in a way that allows the an electronic copy or printed edition. The standard is available in the docket and refrigerant to enter the environment

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while maintaining, servicing, repairing, emissions that occur while complying exempt substitutes.9 EPA’s authority to or disposing of air-conditioning or with EPA’s recovery and recycling issue regulations for section 608(c) is refrigeration equipment. More regulations are considered de minimis, supplemented by section 301(a), which specifically, section 608(c)(1), effective because those regulations set forth provides authority for EPA to ‘‘prescribe July 1, 1992, makes it unlawful for any practices and requirements which result such regulations as are necessary to person in the course of maintaining, in the lowest achievable level of carry out [the EPA Administrator’s] servicing, repairing, or disposing of an emissions. EPA has established this functions under this Act.’’ In addition, appliance or IPR to knowingly vent, interpretation in its regulations under EPA’s authority to extend the release, or dispose of any ODS used as section 608 for ODS refrigerants. recordkeeping and reporting a refrigerant in such equipment in a requirements to non-exempt substitutes On May 14, 1993, EPA published the manner that permits that substance to is supplemented by section 114, which original regulations implementing enter the environment. The statute provides authority to the EPA subsections (a), (b), and (c)(1) for ODS exempts from this prohibition ‘‘[d]e Administrator to require recordkeeping refrigerants (58 FR 28660). These minimis releases associated with good and reporting in carrying out provisions regulations include evacuation faith attempts to recapture and recycle of the CAA. Finally, the extension of requirements for appliances being or safely dispose’’ of such a substance. requirements under section 608 to non- serviced or disposed of, standards and Section 608(c)(2) extends the provisions exempt substitutes in this rule is also testing requirements for recovery and/or of (c)(1), including the prohibition on supported by section 608(a) because recycling equipment, certification venting, to substitutes for class I or class having a consistent regulatory II refrigerants, effective November 15, requirements for technicians, purity framework for non-exempt substitutes 1995, unless the Administrator standards and testing requirements for and ODS is expected to reduce determines that such venting, release, or used refrigerant sold to a new owner, emissions of ODS refrigerants, as well as disposal ‘‘does not pose a threat to the certification requirements for refrigerant non-exempt substitutes. environment.’’ EPA has determined reclaimers, leak repair requirements, Section 608 of the CAA is ambiguous through prior rulemakings that specific and requirements for the safe disposal of with regard to EPA’s authority to substances do not pose a threat to the appliances that enter the waste stream establish refrigerant management environment when vented, released, or with the charge intact. This rule also regulations for substitute refrigerants. disposed of and has exempted those stated that the Agency interprets ‘‘de As Congress has not precisely spoken to specific substitutes from the venting minimis’’ to mean releases that occur this issue, EPA has the discretion to prohibition. The full list of substitutes while the recycling and recovery adopt a permissible interpretation of the that EPA has exempted from this requirements of regulations under CAA. Chevron, U.S.A., Inc. v. Natural prohibition is at 40 CFR 82.154(a). For sections 608 and 609 are followed. Res. Def. Council, Inc., 467 U.S. 837, some substitutes that have been However, those requirements only 843–44 (1984). Primarily under the exempted from the venting prohibition applied to ODS refrigerants, and these authority of section 608(a), EPA has under section 608(c)(2) and § 82.154(a) regulations did not explain how the established standards for the proper the exemption only applies when the venting prohibition or the de minimis handling of ODS refrigerants during the substitute is used in specified exemption applied for substitute maintenance, service, repair, or disposal applications, but for others, the refrigerants. Among other things, this of an appliance to maximize the exemption is for the substitute rulemaking addresses that gap in the recovery and/or recycling of such refrigerant as used in all applications.8 regulations. substances and reduce the use and The statutory standards under section emission of such substances. Section 1. Applying Regulations Under Section 608(a) expressly requires EPA to 608(a) against which the regulations 608 to Substitute Refrigerants concerning the use and disposal of promulgate regulations that apply to class I and class II substances, but is ozone-depleting substances are to be In this rule, EPA is extending, as silent on whether its requirements apply measured are whether they ‘‘reduce the appropriate, provisions of the refrigerant to substitute substances. On the other use and emission of such substances to recovery and/or recycling regulations, hand, section 608(c)(2) contains the lowest achievable level’’ and which previously had only applied to provisions for substitute refrigerants ‘‘maximize the recapture and recycling ODS refrigerants, to non-exempt which parallel those for ODS of such substances.’’ These standards substitute refrigerants. To summarize are often complementary in the context refrigerants in section 608(c)(1). For briefly, EPA’s authority for this action instance, as for ODS refrigerants under of maintenance, service, repair, and rests largely on section 608(c), which disposal of air conditioning and section 608(c)(1), section 608(c)(2) EPA interprets to provide it authority to prohibits knowingly venting, releasing, refrigerant equipment. For example, in promulgate regulations that interpret, the context of recycling, maximizing or disposing of any substitute refrigerant explain, and enforce the venting in the course of maintaining, servicing, recycling will also help reduce the use prohibition and the de minimis repairing, or disposing of an appliance and emission of these substances to the exemption, as they apply to both ODS lowest achievable level. These statutory refrigerants and non-exempt substitute 9 EPA used an analogous analysis in promulgating standards also bear a relationship to the refrigerants. Accordingly, this rule the regulations for section 608 originally. In that de minimis releases addressed in establishes a comprehensive and rulemaking, EPA explained that extending section 608(c). More specifically, regulatory requirements to class II substances consistent framework that applies to (rather than only regulating class I substances) both ODS and non-exempt substitute would facilitate compliance with the venting 8 EPA is using the term ‘‘non-exempt substitute’’ refrigerants. This, in turn, provides prohibition, in part by providing clear guidance to in this notice to refer to substitute refrigerants that clarity to the regulated community technicians recovering class II substances on what have not been exempted from the venting releases do and do not constitute violations of the prohibition under CAA section 608(c)(2) and 40 concerning the measures that should be prohibition. 58 FR 28667. EPA also explained that CFR 82.154(a) in the relevant end-use. Similarly, taken to comply with the venting it was desirable to provide a ‘‘clear, consistent the term ‘‘exempt substitute’’ refers to a substitute prohibition for non-exempt substitutes framework for fully implementing the prohibition refrigerant that has been exempted from the venting and reduces confusion and enhances on venting for all refrigerants’’ to ‘‘minimize prohibition under section 608(c)(2) and § 82.154(a) confusion and maximize compliance with the in the relevant end-use. compliance for both ODS and non- prohibition.’’ 58 FR 28666.

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in a manner which permits the those releases meet the criteria for the Moreover, the statutory provisions that substance to enter the environment.10 de minimis exemption. Section 608(c)(1) require EPA to promulgate regulations This creates a tension or ambiguity provides an exemption from the venting addressing recapturing and recycling because the regulated community is prohibition for ‘‘[d]e minimis releases requirements and safe disposal subject to an explicit and self- associated with good faith attempts to requirements in section 608(a) and effectuating prohibition on venting, recapture and recycle or safely dispose 608(b) expressly mention that they releasing, or disposing of non-exempt of any such [class I or class II] apply to ODS refrigerants but are silent substitute refrigerants while substance.’’ In this context, EPA as to application to substitute maintaining, servicing, repairing, or interprets this provision to exempt refrigerants. This silence and the disposing of equipment but at the same releases that occur while the recycling corresponding tension between these time is not explicitly required by section and recovery requirements of provisions creates an ambiguity in 608(a) to recover substitute refrigerant regulations under sections 608 and 609 section 608 and EPA may fill that gap prior to servicing or disposing of are followed and has promulgated with a permissible interpretation. equipment or to engage in any of the regulations consistent with that Chevron, U.S.A., Inc. v. Natural Res. practices or behaviors that EPA has interpretation. Def. Council, Inc., 467 U.S. 837, 843–44 established to minimize the emission In particular, EPA has incorporated (1984). and release of ODS refrigerants during both the venting prohibition and the de Consistent with the interpretation of such maintenance, service, repair, or minimis exemption into the regulations section 608(c)(2) as incorporating the de disposal. at § 82.154(a). Further, the last sentence minimis exemption, prior to this Moreover, some amount of refrigerant, in the existing regulations at rulemaking EPA’s regulations at whether ODS or substitute, is inevitably § 82.154(a)(2) provides that ‘‘refrigerant § 82.154(a)(2) stated that ‘‘[d]e minimis released during the maintenance, releases shall be considered de minimis releases associated with good faith servicing, repair, and disposal of air- only if they occur when’’ enumerated attempts to recycle or recover . . . non- conditioning or refrigeration appliances regulatory practices in subpart F or, exempt substitutes are not subject to or equipment. Without a clear alternatively, subpart B are followed. this prohibition,’’ thus applying the regulatory framework for determining These subpart F requirements are the statutory de minimis exemption from what requirements apply during the ones established in the 1993 rule the venting prohibition to good faith maintenance, servicing, repair, and mentioned above, and as periodically efforts to recycle or recover non-exempt disposal of such equipment containing amended. The term refrigerant, substitute refrigerants. However, in a non-exempt substitute refrigerant, the however, was defined in § 82.152 for contrast to the regulations for ODS regulated community and the public purposes of subpart F to mean ‘‘any refrigerants, the regulations did not would not have the same measure of substance consisting in part or whole of provide any specific provisions to certainty as to whether such releases a class I or class II ozone-depleting explain what constitutes such a ‘‘good violate the venting prohibition or fall substance that is used for faith attempt’’ with respect to substitute within the de minimis exemption to that purposes and provides a cooling effect.’’ refrigerants. Thus, the prior regulations prohibition, and what steps must be This definition did not include were unclear as to what requirements or taken to comply with CAA obligations substitute substances. In addition, EPA practices regulated parties must follow for such substitute refrigerants in had not yet applied the recycling and to qualify for the de minimis exemption, undertaking such actions. Accordingly, recovery requirements to non-ODS and thereby comply with the venting substitutes, and therefore these this rulemaking finalizes regulations to prohibition, for non-exempt substitute provisions which make clear how to interpret and explain how the venting refrigerants. qualify for the de minimis exemption for prohibition and the de minimis EPA has discussed this issue in ODS refrigerants did not apply to exemption apply to non-exempt previous notices. On June 11, 1998, EPA substitute refrigerants. substitute refrigerants. In doing so, EPA proposed to apply the de minimis is clarifying that the regulated EPA interprets section 608(c) such that the statutory de minimis exemption exemption in section 608(c)(1) to community that uses non-exempt substitute refrigerants and to issue substitute refrigerants may rely on the contained in section 608(c)(1) also applies to substitute refrigerants. regulations under section 608(c)(2) that de minimis exemption to the venting interpret, clarify, and enforce the prohibition if they follow the amended Section 608(c)(2) states that, effective November 15, 1995, ‘‘paragraph 1 shall venting prohibition for substitutes (63 requirements in subpart F. FR 32044). EPA stated in that proposed Consistent with the language of also apply’’ to the venting, release, or disposal of any substitute substance for rule, ‘‘[w]hile section 608(c) is self- sections 608(c)(1) and (2), this rule aims effectuating, EPA regulations are to avoid knowing releases of non- class I or class II substances. As section 608(c)(2) incorporates ‘‘paragraph 1’’ it necessary to define ‘(d)e minimis exempt substitute refrigerants into the releases associated with good faith environment in the course of is reasonable to interpret it to also contain this de minimis exemption, attempts to recapture and recycle or maintaining, servicing, repairing, or safely dispose’ of such substances and disposing of an appliance or IPR, unless which is included in paragraph 1 of section 608(c). However, the Act’s to effectively implement and enforce the venting prohibition.’’ 63 FR 32046. 10 exemption applies only to those de As noted previously, this venting prohibition In the final rule issued March 12, does not apply to substitutes for which the minimis releases ‘‘associated with good Administrator has made a determination that such faith attempts to recapture and recycle 2004 (69 FR 11946), EPA extended the venting, release, or disposal ‘‘does not pose a threat or safely dispose of refrigerants’’ and the regulations interpreting and enforcing to the environment’’ under CAA 608(c)(2). As Act does not explicitly address what the 608(c)(1) de minimis exemption to indicated elsewhere in this notice, EPA is not blends containing an ODS component extending the requirements of the refrigerant would be considered such ‘‘good faith management program to substitutes that have been attempts to recapture and recycle or but not to refrigerants containing only exempted from the venting prohibition in this safely dispose’’ of either ODS or substitutes. As stated in that rule at 69 action. Where a substitute has been exempted only FR 11949: in specific uses, the requirements in this rule apply substitute refrigerants. In fact, Title VI to uses in which the substitute has not been does not contain any further [V]enting of all substitute refrigerants, exempted. explanation or definition of those terms. including HFC and PFC refrigerants (and

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blends thereof) is prohibited under section make certain that the de minimis exemption minimize emissions during appliance 608(c), with the exception of de minimis for refrigerants remains in the regulatory maintenance, servicing, or repair (e.g., releases associated with good faith attempts prohibition, § 82.154(a) is amended to reflect by requiring that technicians recover to recapture and recycle. The de minimis the venting prohibition of section 608(c)(2) of refrigerant from an appliance before releases exception, however, is not self- the Act. servicing and by setting standards for effectuating, nor is it self-explanatory. In that action, EPA added the phrase EPA believes that regulatory clarification is the repair of appliances that have leaked necessary to define such ‘[d]e minimis ‘‘[d]e minimis releases associated with above the applicable threshold), as well releases’ and ‘good faith attempts to good faith attempts to recycle or recover as disposal (e.g., by requiring the use of recapture and recycle or safely dispose of any refrigerants or non-exempt substitutes certified recovery equipment to remove such substance’ and safely dispose of are not subject to this prohibition’’ to refrigerant from the appliance before the appliances to effectively implement and § 82.154(a)(2) (emphasis added). final disposal). Accordingly, the enforce the venting prohibition. Section However, because EPA has not extended regulations finalized in this action fall 608(c)(1) in conjunction with 608(c)(2) of the the regulatory recycling and recovery Act allow for an exemption for de minimis within the scope of EPA’s authority to requirements to substitute refrigerants, interpret and explain the venting releases associated with good faith attempts the regulations have not provided to recapture and recycle or safely dispose of prohibition, and to give regulated substitutes for class I and class II ODSs used clarity or certainty how this exception entities greater certainty about what is as refrigerants. A regulation reflecting the applies to non-exempt substitute required to comply. refrigerants that do not contain an ODS. statutory requirement for recovery of EPA is also adopting a broader substitute refrigerants is an essential part of Moreover, as for ODS, some amount of a regulatory framework within which de substitute refrigerant is released during interpretation of the venting prohibition minimis releases and good faith attempts to the maintenance, servicing, repair, or under CAA sections 608(c)(1) and (2) in recapture and recycle or safely dispose of disposal of appliances, even if this action. As discussed in more detail substitute refrigerants can be defined. precautions to avoid such releases are in the proposal for this action (80 FR This interpretation that the statutory taken. For ODS refrigerants, the rules 69486), in the 1993 Rule EPA stated that de minimis exemption applies to have provided certainty to the regulated the venting prohibition did not substitutes but is not self-explanatory is community that if specific identified ‘‘prohibit ‘topping off’ systems, which consistent with the interpretation of practices are followed, regulated entities leads to emissions during the use of section 608(c)(1) and (2) that EPA would not be held liable for releases of equipment’’ but explained that the articulates in this section. However, in small amounts of refrigerant incidental ‘‘provision on knowing releases does the March 2004 Rule EPA did not to these actions. These regulations have however, include the situation in which finalize its proposal to extend all of the supported the recovery or recycling of a technician is practically certain that subpart F regulations to substitute ODS refrigerants and reduced the his or her conduct will cause a release refrigerants. See 69 FR 11953. emissions of such substances. In other of refrigerant during the maintenance, Following the March 12, 2004, words, for ODS, EPA has reasonably service, repair, or disposal of rulemaking, the Administrator interpreted the de minimis exemption to equipment’’ or fails to appropriately promulgated a direct final rule to amend apply only to the small amount of investigate facts that demand the regulatory definitions of refrigerant emissions that cannot be prevented by investigation (58 FR 28672). The and technician, as well as the venting following the regulatory requirements. proposal also explained that EPA had prohibition, to correct and clarify the This interpretation of the de minimis subsequently moved toward a broader intent of those regulations (70 FR 19273, exemption is equally reasonable for interpretation of the venting prohibition April 13, 2005). As part of that rule, non-exempt substitute refrigerants. in the proposed 2010 Leak Repair Rule EPA edited the regulatory venting Accordingly, to provide the same clarity (80 FR 69486, quoting 75 FR 78570). prohibition to reflect the statutory de and certainty to the regulated EPA concludes that its statements in the minimis exemption in section 608(c)(2). community for substitute refrigerants, it 1993 Rule presented an overly narrow As explained at 70 FR 19275: is important to clarify how this interpretation of the statutory venting exemption applies to non-exempt prohibition. Consistent with the In accordance with section 608(c)(2) of direction articulated in the proposed Title VI of the Clean Air Act (as amended in substitute refrigerants that do not 1990), de minimis releases associated with contain an ODS. To do so, EPA is 2010 Leak Repair Rule, EPA is adopting good faith attempts to recapture and recycle finalizing its proposal to extend the a broader interpretation. When or safely dispose of such substitutes shall not amended regulations concerning refrigerant must be added to an existing be subject to the prohibition. EPA has not emissions reduction and recapture and appliance, other than when originally promulgated regulations mandating recycling of CFC and HCFC refrigerants, charging the system or for a seasonal certification of refrigerant recycling/recovery found at 40 CFR part 82, subpart F, to variance, the owner or operator equipment intended for use with substitutes; all substitute refrigerants that have not necessarily knows that the system has therefore, EPA is not including a regulatory leaks. At that point the owner or provision for the mandatory use of certified been exempted from the venting recovery/recycling equipment as an option prohibition under § 82.154(a)(1). operator is required to calculate the leak for determining de minimis releases of These regulations establish standards rate. If the leaks exceed the applicable substitutes. However, the lack of a regulatory and requirements related to the leak rate for that particular type of provision should not be interpreted as an maintenance, servicing, repair, or appliance, the owner or operator will exemption to the venting prohibition for non- disposal of appliances and IPR that use know that absent repairs, subsequent exempted substitutes. The regulatory ODS or non-exempt substitutes as additions of refrigerant will be released prohibition at § 82.154(a) reflects the refrigerants. They are designed to in a manner that will permit the statutory reference to de minimis releases of minimize or avoid knowing releases or refrigerant to enter the environment. substitutes as they pertain to good faith disposal, in the course of those Therefore, EPA interprets section 608(c) attempts to recapture and recycle or safely dispose of such substitutes. activities, of ODS and non-exempt such that if a person adds refrigerant to In order to emphasize that the knowing substitute refrigerants in a manner an appliance that he or she knows is venting of HFC and PFC substitutes remains which allows that substance to enter the leaking, he or she also violates the illegal during the maintenance, service, environment. For example, the venting prohibition unless he or she has repair, and disposal of appliances and to regulations establish requirements to complied with the applicable practices

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referenced in § 82.154(a)(2), as revised, establishing a new recordkeeping based primarily on section 608(a), including the leak repair requirements, requirement for the disposal of which requires EPA to promulgate as applicable. appliances containing more than five regulations regarding the use and This action extending the regulations and less than 50 pounds of refrigerant. disposal of class I and II substances to under subpart F to non-exempt Section 608(a) gives EPA explicit ‘‘reduce the use and emission of such substitutes is additionally supported by authority to implement requirements substances to the lowest achievable the authority in section 608(a) because that reduce ODS refrigerant emissions to level’’ and ‘‘maximize the recapture and regulations that minimize the release the lowest achievable level. This recycling of such substances.’’ In and maximize the recapture and recordkeeping requirement, along with addition, because EPA is further recovery of non-exempt substitutes will other recordkeeping requirements in elaborating the requirements and also reduce the release and increase the this rule, further the recovery, practices that regulated parties must recovery of ozone-depleting substances. reclamation, and/or destruction of ODS follow to qualify for the de minimis Improper handling of substitute refrigerants and discourages the illegal exemption from the venting prohibition refrigerants is likely to contaminate venting of such refrigerants from for ODS, EPA is drawing on its authority appliances and recovery cylinders with affected appliances. Because it under section 608(c)(1). EPA’s authority mixtures of ODS and non-ODS minimizes the emission of ODS for these actions is also supplemented substitutes, which can lead to illegal refrigerant, EPA has authority for this by section 301(a) and 114, in the same venting because such mixtures are requirement as it relates to ODS way as described earlier in this notice. difficult or expensive to reclaim or appliances under 608(a). Additionally, appropriately dispose of. Under the providing a consistent standard for ODS 4. Provisions Related to MVAC and prior definition of refrigerant, any and non-exempt substitute refrigerants MVAC-Like Appliances substance that consists in whole or in will facilitate the recovery, reclamation, While section 608 covers all part of a class I or class II ODS and is and/or destruction of both ODS and appliances,11 section 609 of the CAA used for heat transfer and provides a non-ODS refrigerants and, accordingly, directs EPA to establish requirements to cooling effect, is a refrigerant and is will reduce the emission of such prevent the release of refrigerants during subject to the requirements for ODS. refrigerants. EPA will continue to the servicing of MVACs specifically. However, when a regulated entity evaluate how best to use the information MVACs are defined under EPA’s section believes it is using a substitute to promote the recovery of refrigerants 608 implementing regulations at 40 CFR refrigerant, and that substitute becomes and compliance with these provisions. part 82, subpart F as ‘‘any appliance that contaminated with ODS, the EPA also has authority under section is a motor vehicle air conditioner as contamination may not be apparent to 114 of the CAA to require that defined in 40 CFR part 82, subpart B.’’ the user, and thus, the user may not be technicians document that appliances 40 CFR 82.152. Under section 609, in 40 aware that the requirements for containing an ODS refrigerant or a non- CFR part 82, subpart B, MVACs are refrigerants apply to that substance. exempt substitute refrigerant have been defined as ‘‘mechanical vapor properly evacuated prior to disposal. This confusion can also lead to illegal compression refrigeration equipment venting of ODS. In short, the authority Section 114 of the CAA provides the used to cool the driver’s or passenger’s to promulgate regulations regarding the primary authority to establish these compartment of any motor use of class I and II substances recordkeeping and reporting vehicle. . . .’’ 40 CFR 82.32(d). encompasses the authority to establish requirements because it provides EPA regulations regarding the proper authority to require recordkeeping and A motor vehicle is defined under handling of substitutes where this is reporting in carrying out provisions of subpart B as ‘‘any vehicle which is self- needed to reduce emissions and the CAA, including the venting propelled and designed for transporting maximize recapture and recycling of prohibition under CAA sections 608(c) persons or property on a street or class I and II substances. Applying and the requirements under 608(a). highway, including but not limited to consistent requirements to all non- Because these records will help EPA passenger cars, light duty vehicles, and exempt refrigerants will reduce determine whether requirements under heavy duty vehicles. This definition complexity and increase clarity for the sections 608(c) and 608(a) are being does not include a vehicle where final regulated community and promote complied with, this requirement falls assembly of the vehicle has not been compliance with those requirements for within the scope of section 114. completed by the original equipment ODS refrigerants, as well as their manufacturer.’’ 40 CFR 82.32(c). 3. Amendments Related to Practices and substitutes. Under section 609, no person Requirements for ODS repairing or servicing motor vehicles for 2. Recordkeeping Provisions In addition to extending the existing consideration may perform any service In this action, EPA is also establishing regulations in subpart F to non-exempt on an MVAC that involves the new recordkeeping requirements, as substitute refrigerants, EPA is also refrigerant without properly using well as extending existing revising and augmenting the existing approved refrigerant recovery or recordkeeping requirements to non- requirements that apply to ozone- recovery and recycling equipment and exempt substitutes. EPA’s authority to depleting substances, including: no such person may perform such establish and extend these requirements Lowered leak rates, periodic leak service unless such person has been is supported by CAA sections 608(a), inspections for equipment that has properly trained and certified. 608(c), and 114, consistent with the leaked above the leak threshold, leak Refrigerant handling equipment must be description of these authorities offered repair verification tests, and certified by EPA or an independent above. These new recordkeeping recordkeeping requirements for the organization approved by EPA. Section requirements are an important part of disposal of appliances containing more 609 also prohibits the sale or EPA’s efforts to address illegal venting than five and less than 50 pounds of distribution of any class I or class II of refrigerants, improve accounting of refrigerant. EPA is also finalizing its MVAC refrigerant in a container of less refrigerants in affected appliances, and proposal to update and revise subpart F facilitate enforcement of requirements to improve clarity and enforceability. 11 For EPA’s discussion on the definition of under section 608. For example, EPA is EPA’s authority for these amendments is appliance, see Section IV.A.

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than 20 pounds to any person who is in MVAC and MVAC-like appliances. Amendments of 1990 indicates that ‘‘the not certified under section 609. EPA is not extending the regulations exception is included to account for the Regulations issued under section 609 under section 609 as part of this fact that in the course of properly using are in 40 CFR part 82, subpart B, and rulemaking because the 609 regulations recapture and recycling equipment, it include information on prohibitions and have been applicable to all substitute may not be possible to prevent some required practices (§ 82.34), approved substances since 1995.13 small amount of leakage’’ (Cong. Rec. S refrigerant handling equipment 5. Consideration of Economic Factors 16948 (Oct. 27, 1990), reprinted in 1 A (§ 82.36), approved independent Legislative History of the Clean Air Act standards testing organizations (§ 82.38), Section 608 of the CAA does not Amendments of 1990, at 929 (1993)). requirements for technician certification explicitly address whether costs or EPA does not read this statement as and training programs (§ 82.40), and benefits should be considered in expressing an intent that the Agency certification, recordkeeping, and public developing regulations under that consider only technological factors in notification requirements (§ 82.42). section. The statutory standards under setting standards for recapture and Appendices A–F of subpart B provide section 608(a) against which the recycling equipment and the proper use standards for minimum operating regulations concerning the use and of such equipment. Rather, EPA requirements for MVAC servicing disposal of ozone-depleting substances understands it as meaning that once equipment. are to be measured are whether they those standards are set, only the small Because MVACs are defined in ‘‘reduce the use and emission of such amount of emissions that cannot be subpart F as an ‘‘appliance’’ (§ 82.152), substances to the lowest achievable prevented by following such standards the section 608 regulations found in level’’ and ‘‘maximize the recapture and should be exempted. recycling of such substances.’’ The subpart F are generally applicable to Because the statutory language does phrase ‘‘lowest achievable level’’ as MVAC systems. However, because not dictate a particular means of taking servicing and technician training and used in section 608(a)(3) is not clear on economic factors into account, if at all, certification are regulated under section its face as to whether economic factors EPA has discretion to adopt a 609, EPA’s section 608 regulations in should be considered in determining reasonable method for doing so. In subpart F defer to those requirements in what is the ‘‘lowest achievable level.’’ developing this rule, EPA has not subpart B. Procedures involving MVACs Title VI does not further explain or applied a strict cost-benefit test, but that are not regulated under section 609, define the term nor does it expressly rather has focused primarily on the state such as the disposal of MVACs and the state whether economic factors may or of air conditioning and refrigeration best purchase of refrigerant for use in must be considered. Thus, EPA has practices and recovery technology, MVACs besides ODS refrigerant in discretion to adopt a reasonable while also giving consideration to costs containers less than 20 pounds, are interpretation. EPA has previously and benefits. The fact that industry has covered by section 608. The prohibition interpreted this phrase to allow the identified and uses these best practices in section 608 against venting ODS and consideration of economic factors. See indicates they are affordable. substitute refrigerants is also applicable 58 FR 28659, 28667 (May 14, 1993). to refrigerants used in MVAC systems. EPA did not propose to revise that EPA considered cost for many specific EPA also regulates MVAC-like interpretation and has considered aspects of this rule. For instance, as appliances under subpart B. MVAC-like economic as well as technological discussed in the leak repair section appliances are used to cool the driver’s factors in the development of this rule. (Section IV.F of this notice), EPA or passenger’s compartment of off-road The phrase ‘‘de minimis releases considered what is achievable from a vehicles, including agricultural and associated with good faith attempts to technical perspective, while also construction vehicles.12 While these recapture and recycle or safely dispose considering the costs of those practices types of systems are outside of the scope of any such substance’’ as used in and technologies and the benefits from of the definition of motor vehicle section 608(c)(1) and as applied to their use, when determining whether to established in subpart B, there are substitutes through section 608(c)(2) is establish new requirements and similarities between MVAC-like similarly not clear on its face as to extending existing requirements to non- appliances and MVAC systems. In the whether economic factors may be exempt substitute refrigerants. See the 1993 Rule, under the authority of considered in determining what is de technical support document Analysis of section 608, EPA adopted requirements minimis. Title VI does not further the Economic Impact and Benefits of for the certification and use of recycling address this issue. Thus, EPA has Final Revisions to the National equipment for MVAC-like appliances in discretion to adopt a reasonable Recycling and Emission Reduction subpart B. MVAC-like appliances may interpretation. EPA interprets this Program in the docket for sensitivity only be serviced by a certified phrase to allow the consideration of analyses conducted on various options. technician and this requirement is not economic factors. The Senate Manager’s Generally, the leak repair requirements limited to those servicing for Statement for the Clean Air Act finalized in this action take into account consideration, but MVAC-like that the variability of those conditions technicians have the option to be 13 The Agency has indicated plans to issue a in the field is significant in each air- separate proposed rule to consider adopting conditioning and refrigeration sector. certified under section 608 or 609. standards from the Society of Automotive Engineers Through this rulemaking EPA is (SAE) for servicing equipment in 40 CFR subpart B. For example, some appliances generally finalizing its proposal to apply the These standards are: SAE J2843 R–1234yf Recovery/ have more leaks than others. An provisions of section 608 to non-exempt Recycling/Recharging Equipment for Flammable industrial process refrigeration Refrigerants for Mobile Air-Conditioning Systems, appliance can have thousands of ODS substitutes, including those used SAE J2851 Recovery Equipment for Contaminated Refrigerant from Mobile Automotive Air pounds of refrigerant running through 12 We are amending the subpart F definition of Conditioning Systems, and SAE J3030 Automotive miles of piping, resulting in numerous ‘‘MVAC-like appliance’’ to replace the term ‘‘off- Refrigerant Recovery/Recycling Equipment opportunities for leaks to occur, road motor vehicle’’ with the term ‘‘off-road Intended for Use with Multiple Refrigerants. In a whereas a household vehicles or equipment.’’ This revision is not future rulemaking, EPA intends to propose to intended to effect a substantive change in the incorporate by reference these standards developed typically has about one pound of equipment covered by this definition but rather by SAE International’s Interior Climate Control refrigerant in a hermetically sealed simply is intended to clarify the definition. Committee. refrigerant loop that rarely leaks. The

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requirements in this rule reflect that the regulations.’’ 14 These commenters based on reducing emissions of ODS difference. noted that extending these regulations and maximizing recapturing and As another example, EPA considered to substitutes allows for a coherent and recycling of ODS. This is because the costs of extending the refrigerant robust regime to address venting across requiring practices that are consistent sales restriction to small cans of non- the full suite of appliances and for both ODS and for substitutes reduces exempt substitutes used for MVAC applications, and that applying the the likelihood that a person servicing. EPA decided a more cost regulatory regime to substitute maintaining, servicing, repairing, or effective method of reducing emissions refrigerants would more fully allow for disposing of an appliance that uses ODS is requiring that manufacturers install and incentivize the recovery and as a refrigerant mistakenly believes that self-sealing valves on small cans rather reclamation of both ODS and it contains a substitute refrigerant and than limiting the sale of small cans to substitutes. These comments concluded fails to apply the proper procedures for certified technicians only. As a final that because ODS and substitutes can be ODS, leading to increased ODS example of how EPA considered costs used interchangeably, the regulation of emissions or failure to recover or in this rulemaking, EPA relied heavily substitutes reinforces the regulation of reclaim ODS. It is also because in the on the existing program and ODS and more reliably reduces ODS course of servicing, repairing, or requirements already in place for ODS emissions. Another commenter who maintaining appliances there is a refrigerants rather than developing a generally believes the Agency does not potential for mixing ODS and substitute new and separate set of requirements for have authority to apply the leak repair refrigerants, which may lead to venting non-exempt substitutes. This will allow provisions to appliances using or release of the due to the the regulated community to in many substitute refrigerants does concede that difficulty of reclamation. EPA has instances use or adapt existing there may be provisions of subpart F explained that the venting prohibition compliance procedures for non-exempt which are directly related to emissions applies to all refrigerants consisting in substitutes rather than having to occurring in the course of maintenance, whole or in part of an ODS, such as a develop wholly new approaches to service, repair or disposal activities and blend with an HFC component. (See 69 managing compliance. This approach might be reasonably extended to FR 11949). Accordingly, the should help regulated entities to better substitute refrigerants. commenters’ statements that section predict and manage compliance costs. EPA disagrees that its regulatory 608(a) only applies to class I and class B. Comments and Responses Related to authority under CAA section 608 II substances fail to recognize that EPA’s Authority extends only to class I and class II (ODS) regulation of substitutes can help substances and not to substitutes. EPA effectuate the statutory purposes This section summarizes many also disagrees with comments mentioned in section 608(a). EPA is comments related to EPA’s authority contending that, as a factual , relying in part on section 608(a) for the under the Clean Air Act to issue this extension of the refrigerant management extension of regulatory requirements to rule and EPA’s responses. Other regulations to substitutes would not substitutes because it interprets this comments related to EPA’s authority for reduce emissions of ODS and maximize provision to support regulation of this action are addressed in the response the recapturing and recycling of ODS. substitutes when such regulations can to comments document found in the Section 608 expressly addresses help achieve the purposes listed in docket for this action. substitute refrigerants in the venting section 608(a). The extension of 1. Comment: EPA Does Not Have prohibition in section 608(c)(2). As regulatory requirements to substitutes in Authority To Regulate Substitutes That explained previously in this notice, this action is supported by section Have Limited or No Impact on EPA’s authority for extending the 608(a) because that extension of Stratospheric Ozone Under Section 608 refrigerant management regulations to requirements to substitutes is expected substitute refrigerants is based primarily to reduce ODS emissions and further Some comments asserted that EPA maximize the recovery and reclamation does not have the authority to extend on section 608(c)(2) (via interpretation, explanation, and enforcement of the of ODS. After consideration of all the the existing refrigerant management comments, EPA concludes that it has provisions in subpart F to non-ozone venting prohibition for substitutes) and secondarily on section 608(a) (via the authority to extend the refrigerant depleting refrigerants. Some management regulations to substitutes, commenters stated that under a plain corresponding reductions in ODS emissions and increases in ODS and that section 608(a) is a relevant language reading of section 608(a) it is source of authority because applying a clear that regulations to reduce use and recapture and recycling that are expected to result from requiring consistent and coherent regulatory emissions apply only to class I and class regime to both ODS and substitute II substances and not substitutes. These consistent practices for ODS and substitute refrigerants), with additional refrigerants improves the application of comments said the language of section the requirements to ODS, promoting the 608 as a whole authorizes a wide range support from CAA sections 301 and 114. More specifically with respect to recovery and reclamation of ODS and of prescriptive regulations to reduce the reducing ODS emissions. Such ODS- use and emissions of class I and class II section 608(a), that section states that the regulations under that section shall focused goals are well within EPA’s refrigerants but mentions substitutes 15 include requirements that reduce the authority under CAA section 608(a). only twice: That their use be promoted Commenters also disagreed with use and emission of ODS to the lowest and the general requirement that their EPA’s statement that there is ambiguity achievable level and that maximize their knowing venting is prohibited. in the CAA regarding the Agency’s recapture and recycling. EPA’s On the contrary, other comments authority to create a comprehensive interpretation that section 608(a) agreed that EPA had authority to extend regulatory program akin to that these regulations to substitutes. One supports the extension of the refrigerant management regulations to substitutes is such comment stated: ‘‘We believe that 15 Although these comments do not relate to both the language of section 608 and the EPA’s authority to regulate ODS, we do note for 14 Agency’s discretionary authority allow Comment submitted by Natural Resources completeness’ sake that CAA section 608(a) also Defense Council and Institute for Governance and provides authority for the portions of this the extension of section 608’s , David Doniger, et. al., pg. rulemaking that revise the refrigerant management requirements to substitutes for ODS in 3. EPA–HQ–OAR–2015–0453–0121. requirements as those apply directly to ODS.

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applicable to class I and class II ODS. Supreme Court has explained, the further articulates the policy of how this These commenters expressed that ‘‘power of an administrative agency to exception is interpreted, explained, and Congress explicitly addressed administer a congressionally created enforced. substitutes in section 608(c)(2) and did . . . program necessarily requires the While EPA acknowledges that section not in section 608(a) and that Congress formulation of policy and the making of 608(a) does not explicitly mention was fully aware and capable of granting rules to fill any gap left, implicitly or substitutes, we disagree with the EPA authority to regulate substitutes explicitly, by Congress.’’ Chevron, 467 conclusion that the comment draws under section 608(a) and it chose not to U.S. at 843–44. The Court later from that. The fact that Congress do so. They further commented that explained, ‘‘[w]e accord deference to required EPA to address ODS in a Congress knew which provisions of agencies under Chevron, . . . because of certain manner under section 608(a) is Title VI it wished to extend to a presumption that Congress, when it not the same as prohibiting EPA from substitutes and which it did not, and left ambiguity in a statute meant for addressing other refrigerants in the same pointed to sections 609, 612, and 615 as implementation by an agency, manner. EPA has explained in the allowing EPA to regulate substitutes. understood that the ambiguity would be preceding response to comments how it These comments concluded that resolved, first and foremost, by the interprets section 608(a) to support this Congress demonstrated that it knew agency, and desired the agency (rather rulemaking. how to include substitutes in refrigerant than the courts) to possess whatever Some commenters contend that management regulations if it wanted to. degree of discretion the ambiguity Congress specifically listed class I and class II substances for coverage under EPA recognizes that Congress allows.’’ Smiley v. Citibank (s.D.), N.A, the regulations and under the principle expressly mentioned substitutes in 517 U.S. 735, 740–741 (1996). Accordingly, Congress’s silence with of expressio unius est exclusio alterius, certain sections of Title VI of the CAA, regulations cannot be applied to such as section 608(c)(2). In EPA’s regard to the venting prohibition and the exception for certain releases leaves refrigerants that are neither class I or interpretation of section 608, the fact class II substances. This rule of statutory that Congress expressly applied the a gap for the Agency to fill, as it is doing in this rulemaking. interpretation, which has limited force venting prohibition to substitutes in in an administrative law setting, means section 608(c)(2) supports this action In addition to the statutory that the inclusion of one thing implies because this action clarifies how EPA interpretation and the principle of the exclusion of another thing. interprets that venting prohibition and Chevron deference discussed above, the However, the fact that Congress explains what actions must be taken legislative history further supports the mandated certain measures for ODS but during the maintenance, servicing, notion that Congress anticipated and was silent regarding appropriate repair, or disposal of appliances and IPR intended for the Agency to establish measures for substitutes does not mean to avoid violating the venting regulations that would further interpret, that Congress prohibited EPA from prohibition. The inclusion of substitutes explain, and enforce the exception to adopting similar measures for in section 608(c)(2) also indicates that the venting prohibition. A Senate Report substitutes. See Cheney R.R. Co. v. ICC, Congress contemplated that regulation accompanying a version of the Senate 902 F.2d 66, 69 (D.C. Cir. 1990) (‘‘The of substitutes would play a role in bill for the Clean Air Act Amendments contrast between Congress’s mandate in implementing section 608. The of 1990, which enacted Title VI, one context with its silence in another ambiguity in section 608 is that addressed the venting prohibition and suggests not a prohibition but simply a Congress created an explicit prohibition described that it would include decision not to mandate any in on venting substitute refrigerants in the ‘‘[e]xceptions . . . for de minimis the second context, i.e., to leave the course of maintaining, servicing, releases associated with good faith question to agency discretion.’’) repairing, or disposing of appliances or attempts to recapture, recycle and safely Commenters stated that section 608(c) IPR, and also provided an exception to dispose of’’ the substances used as is self-implementing and no that prohibition for ‘‘de minimis refrigerants in household appliances, promulgation of regulations by EPA is releases associated with good faith commercial refrigeration and air required or contemplated to implement attempts to recapture and recycle or conditioning units. Report of the such prohibition. In contrast, 608(a) and safely dispose’’ of such substances. CAA Committee on Environment and Public (b) require EPA to promulgate section 608(c)(1); see also CAA section Works United States Senate, Report regulations to establish ‘‘standards and 608(c)(2) (applying paragraph (c)(1) to Accompanying S. 1630 (S. Rept. 101– requirements.’’ These standards and the venting, release, or disposal of 228) (December 20, 1989) at 396 requirements are different in kind and substitute refrigerants). Congress, (reprinted in 4 A Legislative History of broader than the 608(c) statutory however, did not define what releases the Clean Air Act Amendments of 1990, prohibition. EPA cannot merge the would be considered ‘‘de minimis’’ nor at 8736 (1993)). This report further distinct requirements of 608(a) and (b) which activities would be considered stated that the standards and with the statutory prohibition of 608(c). ‘‘good faith attempts to recapture and requirements that EPA was required to Another commenter stated that in trying recycle or safely dispose’’ of such promulgate ‘‘should include provisions to apply section 608(b) to any substitute substances. Where Congress has not to foster implementation of this substance, EPA is inferring authority directly spoken to an issue or has left prohibition, including guidance on what that is not there. ambiguity in the statute, that silence or constitutes ‘de minimis’ and ‘good EPA agrees that the prohibition under ambiguity creates an assumption that faith’.’’ Id. Thus, EPA reasonably 608(c) as it applies to the knowing ‘‘Congress implicitly delegated to the interprets the ambiguity in section venting or releasing of ODS and agency the power to make policy 608(c) to mean that in creating the substitutes is itself self-implementing. choices that represent a reasonable exception to the venting prohibition, However, that fact does not preclude accommodation of conflicting policies Congress intended for the Agency to EPA from establishing regulations to that are committed to the agency’s care provide additional specificity regarding include the prohibition in the overall by the statute.’’ National Ass’n of Mfrs. how a regulated entity would qualify for context of the regulatory scheme and to v. United States DOI, 134 F.3d 1095, this exception. This rulemaking promulgate rules to further interpret, 1106 (D.C. Cir. 1998). As the U.S. provides such additional specificity and explain, and enforce it, including by

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providing certainty to enhance a general grant of authority in CAA of methyl bromide under section compliance. Indeed, EPA’s prior section 301(a)(1) to ‘‘prescribe such 608(a)(2), ultimately determining not to regulations at 40 CFR 82.154 included regulations as are necessary to carry out do so for technological and economic the venting prohibition. More [the Administrator’s] functions under’’ reasons. 63 FR 6008 (February 5, 1998). specifically, these regulations provided the CAA. This rulemaking authority In that action, EPA noted: ‘‘[s]ection that ‘‘no person maintaining, servicing, supplements EPA’s authority under 608(a)(1) of the Act provides for a repairing, or disposing of appliances section 608 by authorizing EPA to national recycling and emission may knowingly vent or otherwise promulgate regulations necessary to reduction program with respect to the release into the environment any carry out its functions under section use and disposal of Class I substances refrigerant or substitute from such 608, including regulations necessary to used as refrigerants. Section 608(a)(2) appliances’’ and then provided for interpret the venting prohibition and provides for such a program with exceptions from this prohibition for exceptions to it. respect to Class I and Class II substances specified substitutes in specified end- EPA disagrees with the commenter not covered by section 608(a)(1).’’ 63 FR uses. These exceptions implemented the that it is impermissibly merging the 6008. Accordingly, this interpretation of discretion Congress left EPA under distinct requirements of CAA sections section 608(c)(2) to allow EPA to 608(c)(2) to exempt certain releases from 608(a) and (b) with section 608(c). establish requirements for non-exempt the venting prohibition, if the While EPA’s regulations under section substitute refrigerants similar to those Administrator has determined that 608(b) are simply one part of the established under section 608(a) for ‘‘venting, releasing, or disposing of such regulations required under section ODS refrigerants does not render section substance does not pose a threat to the 608(a), EPA is not relying on section 608(a) null or superfluous. Although environment.’’ CAA section 608(c)(2). 608(b) to justify its extension of the EPA interprets its substantive authority Contrary to the comment, the inclusion section 608 regulations to substitutes in under both sections 608(a) and 608(c) to of this discretion in section 608(c)(2) this rulemaking. The role of EPA’s support application of the refrigerant indicates that Congress intended for the section 608(a) authority in this management requirements to both ODS EPA to have authority to implement rulemaking has been discussed above, and non-exempt substitute refrigerants, aspects of the prohibition and in fact left in a prior response to comment. that is different from asserting that its gaps in this section that it expected EPA Moreover, as noted above, the fact that section 608(c) authority would extend to would fill as appropriate. Congress required EPA to address ODS any requirement that could be imposed Similarly, as discussed in the refrigerants in specific way under under section 608(a). EPA was required preceding response, the legislative section 608(a), or section 608(b) for that to establish certain regulations for ODS history indicates that in establishing the matter, is not the same as precluding refrigerants under section 608(a) and venting prohibition, Congress expected EPA from addressing other refrigerants then decided to use those provisions to EPA to promulgate regulatory in a similar fashion. Likewise, where interpret and explain the venting ‘‘provisions to foster implementation of EPA has authority to establish prohibition for ODS under section this prohibition, including guidance on regulations for non-exempt substitute 608(c). The fact that EPA is now electing what constitutes ‘de minimis’ and ‘good refrigerants, the fact that it has exercised to use the same requirements under faith’.’’ Report of the Committee on its authority to establish similar section 608(c) for substitutes does not Environment and Public Works United regulations for other refrigerants does render 608(a) a nullity. EPA could have States Senate, Report Accompanying S. not prevent it from exercising its established different requirements to 1630 (S. Rept. 101–228) (December 20, authority to regulate non-exempt interpret and explain the venting 1989) at 396 (reprinted in 4 A substitute refrigerants in a similar prohibition, but for the reasons Legislative History of the Clean Air Act manner. discussed above, decided to make the Amendments of 1990, at 8736 (1993)). One commenter stated that using requirements consistent for both ODS Consistent with that Congressional section 608(c) to establish the same and substitutes. intent, the prior regulations at 40 CFR requirements as authorized under 82.154 included provisions clarifying section 608(a) renders section 608(a) 2. Comment: Congress Did Not Regulate that ‘‘[ODS] releases shall be considered null and stated that statutory language Substitutes Because It Wanted To Create de minimis only if they occur when’’ should not be read in a manner that Incentives To Use Substitute certain regulatory requirements are renders other provisions of the statute Refrigerants observed. 40 CFR 82.154(a)(2). However, inconsistent, meaningless or One commenter asserted that those regulations did not provide the superfluous. applying detailed refrigerant same clarity regarding releases of non- EPA disagrees with this comment. management requirements to substitutes exempt substitute refrigerants or what Unlike section 608(c), section 608(a) is discourages the development of practices would be considered to fall not limited to refrigerants. EPA has substitutes as it eliminates the incentive within the ambit of ‘‘good faith attempts applied its authority under section to operate with fewer regulatory to recycle or recover’’ non-exempt 608(a) to establish or consider requirements. Another commenter substitute refrigerants. 40 CFR regulations for ODS in non-refrigerant stated that the current regulations 82.154(a)(2). Because Congress provided applications. As an example, in 1998, provide an opt-out incentive to owners this exception to the venting prohibition EPA issued a rule on halon management that voluntarily retrofit to a non-ozone for substitutes under section 608(c)(2) under the authority of section 608(a)(2) depleting substitute and suggested that but did not specify what practices or (63 FR 11084, March 5, 1998). In that EPA should seek to revise the proposed actions should be taken to qualify for action, EPA noted that section 608(a)(2) rule so that it continues to provide this exception, it is reasonable to ‘‘directs EPA to establish standards and similar incentives. interpret this provision as indicating requirements regarding the use and EPA disagrees that applying the that Congress contemplated that EPA disposal of class I and II substances refrigerant management requirements to would resolve this ambiguity. other than refrigerants.’’ 63 FR 11085. non-exempt substitute refrigerants will While Congress did not establish Similarly, EPA considered whether to discourage the development of specific rulemaking authority under establish a requirement to use gas substitutes. At this point in time, there section 608(c)(2), Congress did provide impermeable tarps to reduce emissions are other incentives to either retrofit or

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replace existing equipment that relies of safe alternatives. EPA responds that activities with additional clarity and on ODS. Most ODS have been while section 608(a)(3) provides that the certainty on how to ensure that their completely phased out and the HCFC regulations that are required under actions comport with the venting phaseout is well underway. Allowances section 608(a) ‘‘may include prohibition and the de minimis for domestic consumption of the most requirements . . . to promote the use of exemption to it. For example, the common HCFC refrigerant, HCFC–22, safe alternatives pursuant to section technician certification provisions relate are set at 5.6 percent of baseline for [612],’’ whether to include such to who can maintain, service, or repair 2016 and will decline to zero in 2020 provisions is discretionary, not an appliance and the evacuation and (40 CFR 82.16, 82.15(e)). In addition, mandatory. While Congress left such recovery equipment provisions relate to use restrictions issued pursuant to regulations to EPA’s discretion, how to maintain, service, repair or section 605(a) prohibit use of newly Congress directly applied the venting dispose of an appliance. Furthermore, produced HCFC–22 in equipment prohibition to substitute refrigerants the comment omits the concept of manufactured on or after January 1, under section 608. Moreover, the maintenance, which is included in 2010 (40 CFR 82.15(g)(2)). The section legislative history for section 608 section 608(c). EPA notes that the 605(a) use restrictions further prohibit recognizes the distinctions between definition of the term ‘‘maintain’’ use of newly produced HCFC–123 in sections 612 and 608, stating: ‘‘The fact includes ‘‘to keep in an existing state; equipment manufactured on or after that a particular substance has been preserve or retain’’ and to ‘‘keep in a January 1, 2020 (40 CFR 82.15(g)(4)). identified by the Administrator as a condition of good repair or efficiency.’’ While used HCFCs are not subject to ‘safe substitute’ for purposes of section The American Heritage College these restrictions, the HCFC phaseout 612, does not affect the requirement for Dictionary, 4th ed. (Houghton Mifflin, and the restrictions on use of newly a separate determination under [section 2002), at 834; see also http:// produced HCFCs provide clear market 608]. The purposes of section 612 and www.merriam-webster.com/dictionary/ signals regarding future availability of of this section are different and maintain (including in the definition of HCFC refrigerants. substances approved under section 612 maintain ‘‘to keep in an existing state In addition, while some provisions of will not automatically qualify for (as of repair, efficiency, or validity): the statute indicate Congressional intent exclusion from the prohibition on Preserve from failure or decline to encourage companies to use safer venting that is included in this section.’’ ’’) (last accessed alternatives, other provisions indicate Statement of Senate Managers, S. 1630, May 31, 2016). Thus, ‘‘maintenance’’ that Congress was also concerned about The Clean Air Act Amendments of and ‘‘maintaining’’ include a broad the potential impacts of unregulated 1990, reprinted in 1 A Legislative range of activities involved in releases of these substitute refrigerants. History of the Clean Air Act preserving equipment in normal Section 608(c)(2) is in the latter Amendments of 1990, at 928 (1993). working order. category, as it extends the venting Accordingly, EPA does not interpret the EPA noted in a prior response that prohibition to substitute refrigerants, discretion provided by section 608(a)(3) section 608(c) is limited to refrigerants unless EPA determines that such to diminish its ability to interpret, while section 608(a) is not. However, releases do not pose a threat to the explain, and enforce section 608(c) as it the comment is incorrect that section environment. Accordingly, the is doing in this rule. 608(c) is limited to the activities of a application of these regulatory technician. Section 608(c)(2) refers to requirements to non-exempt substitute 3. Comment: Section 608 Does Not ‘‘any person,’’ and ‘‘person’’ is defined refrigerants provides clarity and Authorize EPA To Regulate the Normal broadly in CAA section 302, as well as certainty to owners, operators, and Operation of Refrigerant Equipment in subpart F to 40 CFR part 82. More people servicing, maintaining, repairing, Commenters stated that EPA’s specifically, section 302(e) defines or disposing of air conditioning and authority under section 608 is limited to ‘‘person’’ to ‘‘include[ ] an individual, refrigeration equipment of how they can regulating actions taken during corporation, partnership, association, avoid violating the venting prohibition. servicing, repair, or disposal of State, municipality, political Such clarity and certainty is consistent refrigeration equipment, or class I and II subdivision of a State, and any agency, with EPA’s efforts through other refrigerants evacuated during such department, or instrumentality of the regulatory programs to facilitate and servicing and repair. These comments United States and any officer, agent or encourage the use of substitute further stated that EPA’s authority employee thereof.’’ Thus, the definition refrigerants. extends only to technicians and that clearly is not limited to technicians. Other commenters stated that nothing in section 608 would enable Furthermore, the current statement of Congress did not extend the refrigerant EPA to impose liability on the purpose and scope in subpart F, management requirements to equipment owner or operator. § 82.150, lists appliance owners and substitutes, likely because it wanted to With regard to the actions that are operators as one of the persons to which create incentives for companies to within the scope of section 608(c), as the subpart applies. switch to safer alternatives. explained earlier in this notice, EPA When EPA initially promulgated the EPA responds that Congress did interprets section 608(c) to convey subpart F regulations, it explained that extend the venting prohibition to authority to interpret, explain, and these rules applied to owners. For substitute refrigerants and left to EPA’s enforce the venting prohibition for both example, in the preamble to the 1993 discretion how to interpret and enforce ODS and substitute refrigerants, and Rule, EPA explained that it had made that prohibition. While Congress did not that prohibition applies to the ‘‘additions to the scope section to clarify require EPA to interpret and enforce the maintenance, service, repair, or disposal that the rule covers refrigerant venting prohibition by regulating of appliances and IPR. As explained reclaimers, appliance owners, and substitute refrigerants in the same elsewhere in this rulemaking, this manufacturers of appliances and manner as ODS, neither did it prevent action applies regulations to non- recycling and recovery equipment in EPA from doing so. exempt substitute refrigerants that are addition to persons servicing, repairing, Commenters also stated that 608(a)(3) related to the maintenance, service, maintaining, and disposing of encourages EPA to use the regulations repair, or disposal of such appliances or appliances.’’ 58 FR 28707 (emphasis under that provision to promote the use to providing persons engaged in such added); see also 58 FR 28681

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(explaining that the rule required the 4. Addressing Concerns About Global Effective 5 years after enactment, the owner of the equipment to either Warming Is Not Lawful Under Title VI prohibition on venting or release shall also authorize the repair of substantial leaks of the CAA apply to all substances that are used as refrigerants as substitutes for class I or class or develop the equipment retirement/ Multiple commenters stated that EPA II refrigerants. By its terms, this provision retrofit plan within 30 days of cannot use Title VI to control substances applies to substances that are not listed as discovering leak above the standard and based on their GWPs. These class I or class II substances. This is an that the owner has the legal obligation commenters referred to section 602(e), important provision because many of the to ensure that repairs are made to which states that EPA’s required substitutes being developed do not have equipment where the leak rate exceeds publication of the GWP of a class I or ozone depleting properties but they are ‘greenhouse gases’ and have radiative the standard). class II substance ‘‘shall not be properties that are expected to exacerbate the Some comments on the proposed rule construed to be the basis of any problem of global climate change. The stated that section 608(c) cannot be used additional regulation under this prohibition shall apply to all such substitute to require that an equipment owner chapter.’’ EPA responds that section substances except where the Administrator undertake repairs. EPA disagrees with 602(e) relates to the GWPs of ODS, and determines that the venting, release or says nothing regarding the GWPs of disposal of a particular substitute substance this comment. As explained above, does not pose a threat to the environment. owners are within the scope of ‘‘person’’ substitutes. In any event, EPA is not relying on section 602 as authority for The Administrator shall consider long term as defined in CAA section 302(e) and threats, such as global warming, as well as the action being taken in this subpart F. An owner’s failure to acute threats. The fact that a particular rulemaking. Rather, EPA is relying on undertake repairs of leaky appliances or substance has been identified by the section 608 for the substantive IPR could lead directly to a violation of Administrator as a ‘safe substitute’ for requirements contained in this rule. purposes of section 612 does not affect the the venting prohibition. As one Section 608(c) prohibits the knowing requirement for a separate determination example, if in the course of a normal venting or release of a substitute under this section. The purposes of section maintenance check, a technician refrigerant unless the Administrator 612 and of this section are different and discovers that the appliance is releasing determines that such venting, release, or substances approved under section 612 will refrigerant above the threshold leak rate disposal does not pose a threat to the not automatically qualify for exclusion from but the owner does not authorize the the prohibition on venting that is included in environment. While it is true that EPA this section.16 repairs as required by the rules, and anticipates a significant GHG emissions instead decides to add refrigerant and reduction as a result of this rule, EPA is It is therefore clear that Congress continue operating the equipment, the extending the subpart F regulations to understood that substitute refrigerants owner would be participating in a all substitute refrigerants that are not could be greenhouse gases, specifically knowing release. exempt from the venting prohibition sought to apply the venting prohibition to such gases, and specifically Many commenters also disagreed with irrespective of their GWPs. The GWPs of contemplated that climate risks would EPA’s interpretation of the venting the non-exempt substitutes addressed in be considered in carrying out the prohibition, as articulated in the this rulemaking range from 4 to over 14,000. venting prohibition. The removal of a proposed rule that ‘‘when a person adds provision related to methane within refrigerant to an appliance that he or she One commenter stated that the legislative history demonstrates that Title VI does not indicate that Congress knows is leaking, without repairing the did not intend to address greenhouse appliance consistent with the leak Congress considered and rejected regulating GHGs under Title VI of the gases in the venting prohibition. repair requirements, he or she also One commenter stated that EPA has violates the venting prohibition.’’ One CAA. Congress does not intend sub silento to enact statutory language that not undertaken an endangerment commenter stated that this could it has earlier discarded. The commenter finding to support regulation of HFCs prohibit technicians from filling any also noted that Congress rejected the from IPR as a which can leaking appliance. Another commenter Senate version known as ‘‘The be regulated under the CAA. EPA noted that that it appears to cover failed Stratospheric Ozone and Climate responds that under section 608(c), the repairs and verification tests during the Protection Act.’’ That version of the act venting prohibition applies to repair period allowed by § 82.156(i)(9) sought to reduce methane emissions in substitutes unless EPA exempts them. and § 82.157(e). Commenters requested the U.S. and other countries. The EPA is not required to take any that EPA clarify that leaks that occur removal of those provisions signifies, in affirmative action, let alone an within an applicable repair window or the commenter’s opinion, that Congress endangerment finding, for the venting retrofit/retirement schedule, even did not intend for Title VI to address prohibition to apply. though the facility may be aware of the substances that were not ozone One commenter stated that the leak, do not violate the venting depleting, even if they have high GWPs. purpose of Title VI is to implement the prohibition, where the leak repair EPA responds that while Congress Montreal Protocol, whose sole goal is to procedures prescribed in subpart F are chose not to include certain potential protect the stratospheric ozone layer followed. To clarify EPA’s statement in measures regarding regulation of GHGs from ODS. EPA responds that while the proposed rule and to respond to unrelated to ODS, Congress nonetheless certain sections of Title VI do in fact these comments, EPA’s position is that included multiple provisions regarding implement the Montreal Protocol, while the addition of refrigerant to an ODS substitutes. The legislative history several sections of Title VI call on EPA appliance known to be leaking above of section 608(c) indicates that Congress to take measures that are not required by the threshold rate is a knowing release, specifically recognized that substitutes the Montreal Protocol but are that release does not violate the venting could pose a threat to the environment complementary to the ODS phaseout. prohibition so long as the applicable because they could include greenhouse These sections include, in addition to practices referenced in § 82.154(a)(2), as gases. In discussing the venting 16 revised, are complied with, including prohibition, as it applies to substitute Statement of Senate Managers, S. 1630, The Clean Air Act Amendments of 1990, reprinted in 1 the leak repair requirements, as refrigerants, the statement of the Senate A Legislative History of the Clean Air Act applicable. Managers included the following: Amendments of 1990, at 929 (1993).

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section 608, sections 609 (servicing of cannot use section 301 to create that vehicle air conditioner, refrigerator, motor vehicle air conditioners), 610 authority. , or freezer. EPA is finalizing (nonessential products), 611 (labeling), As discussed above, nothing in Title three revisions to the definition of and 612 (safe alternatives policy). VI says what refrigerant management appliance. First, EPA is extending the Section 608 clearly provides EPA requirements should apply to subpart F regulatory definition to apply authority to regulate the venting, substitutes: Therefore, this is not a to substitute refrigerants. Second, EPA release, and disposal of substitute situation where a specific statutory is adding ‘‘motor vehicle air refrigerants. provision has already addressed the conditioner’’ to the list of example appliances. Third, EPA is adding a 5. EPA’s Proposal Would Increase Risks issue. EPA is issuing regulations to sentence stating that each independent to Human Health and Violate Section interpret, explain, and enforce the circuit on a system with multiple 612 venting prohibition in section 608(c)(2) with regard to non-exempt substitutes. circuits is considered a separate One commenter stated that the EPA is not deriving substantive appliance. proposed rule would drive owners and authority from section 301. Rather, EPA The prior definitions in subpart F are operators of IPR from HFCs to exempt is relying on section 608 for its written to separate ozone-depleting substitutes in order to remove substantive authority and is looking to substances from non-ozone depleting themselves from the regulatory section 301 as supplemental authority to substitutes. EPA’s prior regulations requirements of subpart F. The issue regulations to carry out its defined an appliance as a device which commenter stated that some of these functions under section 608. Similarly, contains and uses a refrigerant. As exempt substitutes are not safer for EPA is looking to section 114 not for the relevant here, section 601 of the CAA human health. HFCs are non-ozone substantive refrigerant management defines an appliance as a ‘‘device which depleting, non-flammable, and non- requirements being finalized today but contains and uses a class I or class II toxic whereas , chlorine, and rather as authority to require substance as a refrigerant.’’ Class I and hydrocarbons are either toxic or recordkeeping and reporting in carrying class II substances are defined as flammable. By encouraging the use of out the venting prohibition for non- substances listed under sections 602(a) these non-exempt but riskier substitutes, exempt substitutes. or (b), respectively. Section 601 of the the commenter states that EPA is CAA does not define refrigerant but violating section 612(a) of the CAA. IV. The Revisions Finalized in This EPA’s regulations at § 82.152 as they EPA responds that the commenter is Rule existed before this rulemaking defined quoting the policy statement that A. Revisions to the Definitions in refrigerant as solely class I or class II appears in section 612(a). The Agency is § 82.152 ozone-depleting substances, or mixtures not acting under section 612. Rather, containing a class I or class II ODS. EPA is acting under section 608. This EPA proposed to update and clarify Defining these terms in this manner action under section 608 is consistent many of the definitions in subpart F. was appropriate before section 608(c)(2) with decisions made under section 612 EPA also proposed to add new took effect on November 15, 1995. and does not alter those decisions. definitions and remove definitions that Under section 608(c)(2), the venting Specifically, it does not preclude use of solely restated the required practice. In prohibition applies to substitutes for any substitute listed as acceptable or general, these revisions are to improve ODS refrigerants and, accordingly, it acceptable subject to use restrictions readability, increase consistency with states that ‘‘[f]or purposes of this under section 612(c) for the specified how the term is used in the regulatory paragraph’’ appliance includes any end-use. Under section 612(c), EPA text, and specifically incorporate ‘‘device which contains and uses as a compares substitutes not only to ODS substitute refrigerants as appropriate. refrigerant a substitute substance and but also to other available substitutes. EPA received comment on the which is used for household or When reviewing substitute refrigerants, proposed revisions to definitions of commercial purposes.’’ However, EPA EPA considers a variety of risks, refrigerant and appliance, as well as had not updated the definition of including toxicity and flammability. In terms specifically applicable to the leak appliance in subpart F to reflect section some instances, EPA lists substitutes as repair portion of the regulations. EPA 608(c)(2). Because EPA regulations, as acceptable subject to use conditions that also received requests to define they existed before this rulemaking, had mitigate such risk. EPA does not dictate additional terms. Those comments, and defined an appliance as a device that that a particular user choose a specific changes from the proposed definitions contains and uses a refrigerant, and substitute from among those listed as that are being made in this final rule, are refrigerant in a way that does not acceptable for that end-use. Whether an discussed later in this section with include substitutes, substitutes were owner or operator of an IPR facility those terms. EPA is finalizing as excluded from the regulatory definition chooses to transition to an exempt proposed the other revisions to of appliance. substitute is a decision that must be definitions in this section that were In this action, EPA is revising the made weighing the advantages and addressed in the notice of proposed definition of appliance so that it disadvantages of the specific refrigerant. rulemaking and where we did not encompasses the definition of the term receive comments. Other revisions in both sections 601 and 608 of the 6. Section 301 and 114 Do Not Grant elicited only supporting comments, CAA. EPA is defining appliance as any EPA Authority To Regulate Substitutes which are briefly noted in the device which contains and uses a class Two commenters stated that section descriptions of the revisions. I or class II substance or substitute as a 301 grants EPA general rulemaking refrigerant and which is used for authority but does not authorize the Appliance household or commercial purposes. Agency to act where a specific statutory EPA proposed to define appliance as This revision makes the regulatory provision already has addressed an any device which contains and uses a definition consistent with both sections issue. They further stated that section class I or class II substance or substitute 601 and 608 of the CAA, improves 608(a) does address the issue of whether as a refrigerant and which is used for internal consistency of the regulations, the refrigerant management regulations household or commercial purposes, and increases clarity for the regulated apply to substitutes and therefore EPA including any air conditioner, motor community.

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One commenter stated that EPA commercial comfort air-conditioning, motor appliance that is a motor vehicle air should not add ‘‘substitutes’’ to the vehicle air conditioners, comfort cooling in conditioner as defined in 40 CFR part definition of appliance because CAA vehicles not covered under section 609, and 82, subpart B’’ and the definitions section 601(1) already defines appliance industrial process refrigeration.’’ (58 FR within subpart B, under section 609, 28669; May 14, 1993, emphasis added) and ‘‘substitutes’’ is not included. EPA exclude vehicles that have not responds that while the definition of In that same final rule, EPA completed by the appliance in section 601(1) does not established the definition of MVAC in original equipment manufacturer. EPA contain ‘‘substitutes,’’ section 608(c)(2) subpart F as ‘‘any appliance that is a provided the following explanation for does extend the term appliance to motor vehicle air conditioner as defined the exclusion of vehicles that have not systems containing substitutes for in 40 CFR part 82, subpart B’’ (emphasis yet been fully manufactured from the purposes of that paragraph. It is added), and that definition has not since servicing requirements under section reasonable to update the regulatory been changed. The commenters 609 in the 1992 final rule: themselves state that procedures that are definition so that there is a consistent EPA believes the repair of newly definition of appliance throughout not regulated under section 609, such as manufactured units is not likely to be a subpart F. Further, because the the disposal of MVACs and the common occurrence and when it does occur, regulations in subpart F address the purchase of refrigerant in some sized the manufacturing facilities clearly use venting prohibition under section containers, are covered by section 608. equipment to recover and recycle the 608(c)(2) for substitute refrigerants and Furthermore, they agree that the refrigerant so that it may be reintroduced requirements to interpret, explain, and prohibition against venting ODS and once the motor vehicle air conditioner is enforce the de minimis exemption to substitute refrigerants in section 608 is repaired. The equipment is significantly that prohibition, it is reasonable to also already applicable to refrigerants different from the kind of equipment covered by EPA’s definition of approved equipment, include ‘‘substitutes’’ in the regulatory used in MVAC and MVAC-like appliances. This necessarily implies yet serves the purpose of such equipment definition of appliance. In addition, this equally well. In addition, the technicians rulemaking only changes the definition that appliance as used in section 608 performing this operation are typically of appliance as it appears in subpart F, includes ‘‘motor vehicle air manufacturing employees, not service but the definition of the term in other conditioners.’’ The inclusion of ‘‘motor technicians. For all these reasons, the Agency regulations under Title VI, such as in 40 vehicle air conditioners’’ as an example believes it is not necessary at this time to CFR 82.3, remains unchanged. within appliance is a clarification, and extend the requirements of this servicing EPA also proposed and is finalizing it reflects the way the term appliance regulation into the assembly operation. . . the addition of ‘‘motor vehicle air has been used throughout the history of EPA wants to be clear that this exclusion is conditioner’’ to the list of example the program. Specific provisions in limited to final assembly activities conducted appliances. Two commenters objected subpart F that relate to activities that are by the vehicle’s original manufacturer, and regulated for MVACs under section 609 does not include service or repair activities to this proposal, stating that neither conducted, for example, by a dealer. (57 FR definition of appliance in section 601 or refer, as appropriate, to the subpart B 31245, July 14, 1992) 608 of the CAA specifically includes regulations issued under section 609 of motor vehicle air conditioners. One the CAA. One commenter further stated that it commenter states that Congress Comments from the auto industry also is not necessary to impose new specifically considered but ultimately expressed concern that adding motor technician training and certification decided against explicitly including vehicle air conditioners to the list of requirements, or other regulatory ‘‘motor vehicles’’ within the definition examples in the definition of appliance requirements, for the automobile of appliance in section 601 of the CAA. would affect EPA’s exemption from company and component supplier A plain reading of the Clean Air Act servicing requirements for MVACs in employees and contractors engaged in would include motor vehicle air vehicles that have not yet left the these activities. EPA agrees and conditioning under appliance. Section manufacturing facility. In the 1992 rule reiterates that because the venting 601 of the CAA defines an appliance as establishing regulations under section prohibition already applied to ODS and ‘‘any device . . . which is used for 609, EPA stated that: substitutes, this final action will not household or commercial purposes a motor vehicle air conditioner is not subject have any new effect on the automotive including any air conditioner . . .’’ to these regulations prior to the completion manufacturing process or individuals (emphasis added). In the 1993 Rule of final assembly of the vehicle by the employed in the automotive and/or establishing regulations under section original equipment manufacturer. While MVAC manufacturing process prior to 608 for the first time, the Agency stated repair or service work on air conditioners in the vehicle leaving the manufacturing the following: unfinished vehicles may well fit the plant. EPA’s regulations under both definition of ‘service for consideration,’ the sections 608 and 609 are intended, and The Act defines ‘appliance’ as ‘any device equipment and technician certification which contains and uses a class I or class II requirements of these rules do not apply as will continue, to apply only to MVACs substance as a refrigerant and which is used the motor vehicle air conditioner is not that are fully manufactured. for household or commercial purposes, subject to these rules prior to the completion A few commenters requested that EPA including any air conditioner, refrigerator, of the final assembly process by the vehicle’s clarify that for systems containing chiller, or freezer.’ EPA interprets this manufacturer. (57 FR 31246; July 14, 1992) definition to include all air-conditioning and multiple circuits, each independent refrigeration equipment except that designed The addition of motor vehicle air circuit is considered a separate and used exclusively for military conditioners as an example within the appliance for the purposes of subpart F. applications. Thus, the term includes all the definition of appliance does not affect This is the position that EPA has taken sectors of air-conditioning and refrigeration current practices and EPA regulations as in the Compliance Guidance for equipment described under Section III.A they affect vehicle manufacturing. That Industrial Process Refrigeration Leak above, including household and was not the intent of the proposed Repair Regulations under Section 608 of freezers (which may be used outside the home), other refrigerated appliances, change and is not a result of this final the Clean Air Act from October 1995 residential and light commercial air- action. As previously discussed, the and the commenters believe that making conditioning, transport refrigeration, retail definition of motor vehicle air such a statement in the regulations will food refrigeration, cold storage warehouses, conditioner in subpart F is ‘‘any be clearer to the regulated community.

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EPA agrees and is adding a sentence name of the office and to make minor ODS, and class II refrigerant clarifying this point to the definition. edits to improve clarity and readability. interchangeably) and all are intended to Many commenters from the have the same meaning for the purpose Batch supermarket industry believe that the of subpart F. Agency’s interpretation of the term EPA proposed a requirement that each appliance is too broad. In these batch of reclaimed refrigerant be tested. Comfort Cooling commenters’ view, appliances are EPA did not propose to define ‘‘batch’’ EPA is finalizing the addition of a display cases or unit and not the but is doing so in this final rule based definition for comfort cooling. The leak broader system of piping, , on requests by commenters to clarify the repair provisions divide refrigeration and condensing units to which those are term. EPA agrees with the comment that and air-conditioning equipment into attached. One commenter suggested that adding a definition of batch will clarify four categories: Comfort cooling, EPA create a definition for the term this requirement, and is defining the commercial refrigeration, industrial system to indicate a combination of term based on language provided by process refrigeration, and other. EPA’s various pieces of equipment and multiple commenters. Therefore, EPA is prior regulations defined commercial appliances that are professionally and defining batch to mean a single bulk refrigeration and industrial process specifically designed and erected for a cylinder of refrigerant after all refrigeration but not comfort cooling. particular application. Another reclamation has been completed prior to For purposes of the leak repair commenter suggested that EPA define packaging or shipping to the market. requirements, EPA proposed to define the refrigerant circuit as separate from Certified Refrigerant Recovery or comfort cooling as the air-conditioning the appliance. These commenters are Recycling Equipment appliances used to provide cooling in especially concerned about a definition As proposed, EPA is removing the order to control heat and/or in of appliance that includes all coolers, facilities including but not limited to display cases, components, and piping defined term certified refrigerant recovery or recycling equipment which office buildings and light commercial in light of EPA’s proposal to require that buildings. EPA further proposed to an appliance be retired if it exceeds the was merely a reference to the sections of the Code of Federal Regulations that include language explaining that proposed two-year leak limit. comfort cooling appliances include EPA responds that the Agency discuss the certification program. This building and roof-top self- interprets an appliance as a fully term was also used inconsistently contained units, and may be used for assembled device that can function for throughout subpart F as ‘‘recovery and the comfort of occupants or for climate its intended purpose. Components, on recycling equipment,’’ ‘‘recovery or control to protect equipment within a the other hand, are all the parts of the recycling equipment,’’ ‘‘recycling and facility, such as but not limited to appliance that make up the refrigerant recovery equipment,’’ and ‘‘recycling or computer rooms. EPA sought comments circuit, as described later in this section. recovery equipment.’’ The regulations at on the applicability of the proposed As EPA described in the final rule § 82.36 make a distinction, in the definition of comfort cooling to air- allocating HCFCs for 2010–2014, context of MVAC servicing, between conditioning equipment that is typically ‘‘appliances are separate from equipment that only recovers refrigerant used to provide cooling and or humidity components, which are the individual and equipment that both recovers and parts of an appliance, such as a recycles refrigerant. The regulations in control in such environments. condensing unit or line set, that by subpart F generally do not make a Commenters suggested that EPA themselves cannot function to provide a distinction. The standards in remove the reference to equipment and cooling effect’’ (74 FR 66439; December appendices B1 and B2 refer to recovery computer rooms as this is beyond the 15, 2009). EPA recognizes that some and/or recycling equipment while the scope of comfort cooling. One would prefer that some components be standard in appendix C for small commenter suggested that comfort considered appliances. For example, appliances refers to recovery equipment cooling only include computer rooms some members in the industry consider only. For consistency, in the revised set to above 68 degrees F to align the a condensing unit in a residential split provisions, EPA is using ‘‘recovery and/ definition with CARB–32. That system to be an appliance. However, or recycling equipment’’ throughout, commenter also suggested that EPA does not believe it is practical or except for when referring only to small appliances used to cool computer rooms clear for some components to also be appliances. would fall under the category of ‘‘other considered appliances in the regulatory appliances.’’ Another commenter Class I and Class II definitions. The concepts of full charge believes that such appliances are or leak rate do not make sense in the EPA is finalizing as proposed currently considered as IPR. EPA context of only a component. Finally, regulatory definitions for class I and responds that the intent was to apply EPA notes that much of these class II ozone-depleting substances to the term comfort cooling only to spaces commenters’ concerns about the scope assist the reader. These terms are occupied by humans. EPA has made of the term appliance was in response currently defined in section 601 of the edits to better reflect this understanding to EPA’s proposal that chronically CAA and in 40 CFR part 82, subpart A. in the final definition and is therefore leaking appliances be retired. As EPA is finalizing the addition of a not including in the final definition the discussed in Section IV.F.12, EPA is not definition of class I as an ozone- last sentence from the proposed finalizing the proposed requirement for depleting substance that is listed in 40 definition (which read ‘‘[t]hey may be automatic retirement of chronically CFR part 82, subpart A, appendix A. used for the comfort of occupants or for leaking appliances. Similarly, EPA is finalizing the addition climate control to protect equipment of a definition of class II as an ozone- within a facility, including but not Apprentice depleting substance that is listed in 40 limited to computer rooms.’’). As proposed, EPA is amending the CFR part 82, subpart A, appendix B. EPA notes here that comfort cooling, definition of apprentice to replace the EPA also notes that the regulatory text with respect to the leak repair ‘‘Bureau of Apprenticeship and uses class I substance, class I ODS, and provisions in this subpart, does not Training’’ with the ‘‘Office of class I refrigerant interchangeably (and include MVACs or MVAC-like Apprenticeship’’ to match the current similarly uses class II substance, class II appliances.

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Commercial Refrigeration Disposal of refrigerant in discarded appliances. EPA is finalizing its proposal to include As proposed, EPA is finalizing the EPA proposed to amend the definition of disposal to clarify that the disposal recycling for scrap as one of the amendment to the definition of methods by which an appliance may be commercial refrigeration that removed process includes the destruction of an appliance that releases or would release disposed. the sentence stating that this equipment Furthermore, EPA’s intent is to refrigerant to the environment. This typically contains a charge size over 75 address the various actions taken upon proposed revision is intended to cover pounds. While accurate, this sentence an existing and operational system that activities such as or the has caused confusion as to whether or will effectively end its useful life and cutting of refrigerant lines, whether to not the leak repair requirements are potentially release refrigerant. Both steal metal or to vent the refrigerant or applicable to such appliances with a full recycling and vandalizing a fully both. EPA also proposed to clarify that charge between 50 pounds, as stated in charged appliance would have that the disassembly of an appliance for the leak repair required practices, and effect, though EPA recognizes the recycling, as well as reuse, is part of the 75 pounds. The leak repair requirements distinctions between those two actions. disposal process. do apply because the threshold is a One commenter stated that the This revision is also consistent with a refrigerant charge of 50 pounds or regulatory definition of disposal is recent court decision-which found that greater. EPA is removing this sentence inconsistent with EPA’s Sustainable cutting a functioning condenser unit to avoid this confusion. EPA received Materials Management policy and with and releasing refrigerant into the comments in support of this revision. the RCRA definition of disposal at 40 environment constituted disposal of an appliance within the meaning of CAA Critical Component/Component CFR 260.10, which leads to regulatory confusion. The commenter seeks to section 608 and its implementing As proposed, EPA is removing the clarify that the recycling of appliances regulations, even if the underlying defined term critical component and or components is separate from intent was to steal and sell the metal adding the term component. The term disposal. The commenter believes there piping. United States v. Harrold, No. critical component was only used in the should be four definitions regarding 2:15–mj–605 (S.D. Ohio, Oct. 28, 2015) context of an extension for the repair of recycling and disposal: (1) Recycle (order concluding that the complaint IPR when critical components could not refrigerant; (2) dispose of refrigerant; (3) sufficiently charged a violation of the be delivered within the necessary time. recycle an appliance; and (4) dispose of Act and that sufficient evidence was presented to establish probable cause EPA is amending the definition so that an appliance. The commenter finds that 17 it is not limited to IPR, but also includes the proposed revision to the definition that defendant violated the Act). See comfort cooling and commercial confuses the distinction between also United States v. Morrissette, 579 F. refrigeration appliances. As discussed in recycling and disposal. The commenter App’x 916, 919 (11th Cir. 2014) (stating Section IV.F of this notice, EPA is also finds that the word ‘‘destruction’’ is that defendant who stole metal coils applying the extensions for leak repairs too broad if EPA is trying to address from commercial air conditioning units had violated the CAA regardless of the to all types of appliances. The vandalism, line-cutting, or theft and is underlying intent to steal copper). EPA unavailability of a component is not concerned that the term equates is finalizing the definition of disposal unique to IPR and EPA is granting all recycling with such unlawful activities. substantially as proposed. In response to appliances the same flexibility to EPA responds that the Agency the comment, EPA is replacing the word request additional time. This revision to addresses the recycling and disposal (or ‘‘destruction’’ with ‘‘vandalism’’ to more the regulatory definitions supports that reclamation) of refrigerant elsewhere in specifically refer to actions such as line flexibility. subpart F. The safe disposal provisions at § 82.155 relate to the disposal of cutting and metal theft. The vandalism EPA proposed to define component as appliances. The Clean Air Act in 608(a) would have to be of such a nature that ‘‘a part of the refrigerant loop within an refers to the ‘‘service, repair, and it would release the refrigerant. EPA is appliance including, but not limited to, disposal of appliances’’ and 608(c) also separating ‘‘[t]he recycling of any compressors, condensers, , refers to the ‘‘maintaining, servicing, appliance for scrap’’ from ‘‘[t]he receivers, and all of its connections and repairing, or disposing of an appliance’’ disassembly of any appliance for reuse subassemblies.’’ Component is intended (emphases added). The manner in of its component parts.’’ Both are to be broader than critical component. which the appliance is disposed of, considered disposal. EPA considers components to include whether by recycling, landfilling, reuse Follow-Up Verification Test all the parts of the appliance that make of component parts, or another method EPA is amending the definition of up the refrigerant circuit such as the is not addressed by the CAA. For the follow-up verification test to remove , heat exchangers (condenser purposes of section 608, what is duplicative text that was also covered in and ), and valves (e.g., heat relevant is that an action is taken on an § 82.156(i). The revised definition recovery, expansion, charging). Other appliance at the end of its useful life describes what the test is and how it is components may include receivers, that releases or would release refrigerant conducted, not the regulatory manifolds, filter driers, and refrigerant if the proper precautions are not taken. requirements of the test. The revised piping. EPA is finalizing this definition EPA agrees it is appropriate to specify regulatory requirements are found in substantially as proposed, although it is what is included in disposal for clarity § 82.157(e). EPA is not specifying one replacing the word ‘‘loop’’ with but does not agree that the term must test that would satisfy what constitutes ‘‘circuit,’’ as refrigerant circuit is a have the same meaning in section 608 a follow-up verification test, but is defined term in the regulations. of the CAA as under RCRA or the providing an illustrative list of tests that Sustainable Materials Management Custom-Built would qualify. EPA does not intend for policy. The commenter does not make this list to be all-inclusive, but rather to As proposed, EPA is amending the clear how the Agency’s Sustainable definition of custom-built to remove a Materials Management policy is in 17 A copy of this opinion and other documents citation to a section of the regulation conflict with the requirement in subpart related to this case are available in the docket for that has moved. F to recover, or verify the prior recovery, this rulemaking.

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provide examples of known evacuated from the appliance, including refrigerant removed or added for a methodologies of performing leak repair for seasonal variances; and/or seasonal variance if the full charge was verification tests. (4) Use of an established range based calculated using any method other than One commenter suggested that EPA on the best available data regarding the method four, since that method modify the name of this test to follow- normal operating characteristics and inherently includes a range. To be clear, up leak repair verification test. The conditions for the appliance, where the verification tests should be conducted commenter has found that over 40 midpoint of the range will serve as the regardless of whether the appliance percent of technicians who do not work full charge. contains extra refrigerant to account for on IPR, where these tests were To further explain the definition of a seasonal variance. This could result in previously required, were confused full charge, EPA is creating a defined two ‘‘full charges,’’ one for each season. about the distinction between the initial term for seasonal variance. This term EPA does not agree that it would be and follow-up verification tests. The means the removal of refrigerant from appropriate to use the maximum charge technicians indicated to the commenter an appliance due to a change in ambient or the higher of the two full charge that such a name change would make it conditions caused by a change in calculations because some seasonal clearer that the tests are about the season, followed by the subsequent variances are large enough that effectiveness of the repair. EPA addition of an amount that is less than adjusting the full charge would make disagrees that changing the name of the or equal to the amount of refrigerant significant difference in the leaks that test will improve technician’s abilities removed in the prior change in season, would exceed the applicable leak rate. to conduct these tests or reduce where both the removal and addition of Since this is an added flexibility, refrigerant emissions. It is refrigerant occurs within one requiring slightly more recordkeeping is understandable that technicians that do consecutive 12-month period. A warranted. not work on IPR equipment and are not complete discussion of allowing for One commenter indicated that seasonal variances when calculating trained in the procedures of subpart F refrigerant charge should never be appliance leak rates is found in Section that had previously only applied to IPR added or removed throughout the year. would not be aware of the requirements. IV.F of this preamble. EPA received several comments on While this may be true for some types EPA is concerned that changing the the proposed definition of seasonal of equipment, there are legitimate name of the test would confuse those variance. Two commenters situations where such additions or who already know of the requirement. recommended that EPA use the removal removals are appropriate, typically in EPA is therefore finalizing the definition of refrigerant as the first step and the larger commercial refrigeration and of follow-up verification test as addition of refrigerant as the second industrial process refrigeration proposed. step. While EPA proposed the opposite appliances. For example, one commenter cited the instance of a Full Charge and Seasonal Variance framing, you can measure the amount removed to be able to determine the seafood packer who may need to add EPA is amending the definition of full amount that can be added in the next refrigerant during crab season when the charge to account for seasonal variances season without triggering a leak rate refrigeration or freezing load spikes. and to make minor edits for readability. calculation. EPA has adjusted the Finally, the Agency is allowing an Owners or operators of commercial definition and the narrative in the owner or operator to choose a refrigeration appliances and IPR have preamble accordingly. combination of methods to determine previously expressed concerns that the Four commenters suggested that the full charge. There are instances where full charge may not be accurately amount added and removed does not multiple methods may be necessary to determined due to seasonal variances always have to be equal, as was accurately determine the full charge. that may alter the amount of refrigerant proposed. EPA agrees that as long as the Further EPA is providing flexibility by in an appliance. Seasonal variances in amount added is less than or equal to not requiring that owners or operators ambient temperature and have the amount removed in the prior season, commit to the same method for the life the effect of forcing refrigerant to the addition will be considered a of the appliance. EPA is requiring in different appliance components (for seasonal variance. this final rule that owners or operators example, from an appliance’s receiver to One commenter requested that EPA maintain a written record of the full the condenser). clarify whether the added refrigerant charge, the method(s) used to determine EPA is allowing owners or operators amount is to be included in the full the full charge, and any changes to that to account for seasonal variances by charge amount. The commenter is amount. measuring the actual amount of concerned that not reflecting the High-Pressure Appliance refrigerant added to or evacuated from seasonal variance could affect what is the appliance. EPA is defining full considered normal operating EPA is amending the definition of charge as the amount of refrigerant characteristics and conditions, which high-pressure appliance as proposed to required for normal operating would in turn affect when verification update the list of example refrigerants characteristics and conditions of the tests can be conducted. Another with the most commonly used appliance as determined by using one or commenter proposed that the maximum refrigerants today. Because revisions to a combination of the following four charge be used at all times when appliance and refrigerant carry over into methods: calculating the leak rate, regardless of this term as well, under the revisions (1) Use of the equipment what is actually in the appliance at the finalized in this rule, high-pressure manufacturer’s determination of the full time of repair. appliances include those that use ODS charge; Given the concerns raised by the and non-ODS substitute refrigerants. (2) Use of appropriate calculations commenter about including seasonal Industrial Process Refrigeration based on component sizes, density of variances in the appliance’s full charge refrigerant, volume of piping, and other to prevent problems with compliance EPA is amending the definition of relevant considerations; with normal operating characteristics industrial process refrigeration as (3) Use of actual measurements of the and conditions, the full charge must be proposed to make minor clarifications amount of refrigerant added to or adjusted to account for the amount of for readability and to remove a citation

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to a section of the regulation that has able to locate it. Therefore, inspection Leak Rate moved. methods that only indicate that the EPA proposed, and is now finalizing, appliance is releasing refrigerant do not Industrial Process Shutdown one substantive change to the definition provide the necessary information for a of leak rate to change the calculation EPA is amending the definition of technician to repair leaks. Further leak performed under what is called Method industrial process shutdown as inspections on the repaired system may 2 under the prior rules. The first step of proposed to remove a citation to a benefit from using a combination of that method has been to take the sum of section of the regulation that has moved. methods to determine whether the the quantity of refrigerant added to the Initial Verification Test system continues to leak refrigerant, and appliance over the previous 365-day if so, where. period (or over the period that has EPA is amending the definition of Commenters also recommended that passed since leaks in the appliance were initial verification test to remove EPA remove some of the proposed last repaired, if that period is less than duplicative text that is also covered in inspection methods. Multiple one year). Instead of the cut-off being the required practices section of the commenters recommended that EPA not regulation. The revised definition include a visual inspection for oil since the last repair (if less than 365 describes in general terms what the test residue, as that is not a reliable days), EPA is amending Step 1 to cover is, not what the requirements of the test indicator of a refrigerant leak. Similarly, the period of time since the last are. The purpose of this test is to verify some commenters noted that the bubble successful follow-up verification test that a leak has been repaired prior to test should be used in conjunction with showing that all identified leaks were adding refrigerant back into the system. another leak detection method due to its successfully repaired (if less than 365 The requirements for an initial leak low sensitivity or potential unreliability days have passed since the last repair verification test are described in when performed outdoors. EPA agrees refrigerant addition). The goal of this Section IV.F.8 of this notice and in that a visual inspection for oil residue change is to improve the clarity of the § 82.157(e)(1) of the revised regulation. is not dispositive and has removed that requirements. Under the prior definition, it was unclear if the repair Leak Inspection method from the list of leak inspection methods included in the definition as had to be successful in order to be EPA is creating a new defined term finalized. EPA is including bubble tests considered in the leak rate calculation. leak inspection. EPA proposed to define in that list because it may be These revisions clarify that all identified leak inspection as the examination of appropriate in some circumstances. EPA leaks must be verified as having been appliances using a calibrated leak is also strengthening the leak inspection successfully repaired. detection device, a bubble test, or visual by requiring under § 82.157(g)(2) that it EPA is also renaming the two inspection for oil residue in order to be performed by a certified technician, methods from Method 1 and Method 2 determine the presence and location of while providing discretion for the to ‘‘Annualizing Method’’ and ‘‘Rolling refrigerant leaks. technician to determine which methods Average Method’’ to improve Some commenters recommended are appropriate. readability. EPA is also finalizing the additional leak detection methods Some commenters also recommended proposed change to clarify that while including: Standing pressure/vacuum that EPA remove the word ‘‘calibrated’’ the same leak rate calculation must be decay tests, ultrasonic tests, periodic because some electronic leak detectors used for all appliances at the same evacuations, gas-imaging cameras, sight are self-calibrating while others do not facility, this only refers to the glass checks, viewing receiver levels, require calibration. Instead, these appliances subject to the leak repair pressure checks, charging charts, and commenters suggested that EPA require provisions (i.e., appliances normally the sub-cooling method (for expansion that the devices be operated and containing 50 or more pounds of systems). maintained according to manufacturer refrigerant). In general, leak detection methods fall guidelines. Another commenter EPA received three comments on this into two categories: Ones that indicate recommended that EPA maintain the proposed definition. One commenter that an appliance is leaking; and ones requirement that leak detection devices recommended that EPA remove the that can identify the location of a leak. be calibrated. Given the variability of Rolling Average Method for simplicity EPA stated in the proposal that the equipment, EPA agrees with the and change the Annualizing Method proposed definition covers the comments suggesting that it is such that the calculation is based on the techniques currently used to detect the preferable to follow the manufacturer time since the last successful follow-up location of leaks, not activities that guidelines. Thus, in this final definition verification test instead of the last would assist only in determining EPA is replacing ‘‘calibrated leak refrigerant addition. The commenter whether a system is leaking generally detection device’’ with ‘‘leak detection further recommended changes to the without providing information that device operated and maintained Rolling Average Method, if EPA keeps it would allow detection of the location of according to manufacturer guidelines’’ in the regulation, to better express the the leak. One commenter stated that based on public comment. amount of refrigerant that would be lost limiting leak inspections in such a In this final rule, EPA is providing a if that leak continued for a full year. manner increases the costs of non-exhaustive list of methods for leak EPA responds that while reducing the conducting leak inspections. inspections, and clarifying that number of leak rate calculation methods EPA responds that the purpose of a techniques that only determine whether could simplify the regulations, leak inspection is to determine the the appliance is leaking must be used in numerous appliance owners and location of a leak, not to determine combination with another method that operators have used the Rolling Average whether an appliance is leaking. As can identify the location of the leak. In method for years and they continue to discussed in Section IV.F.4 of this general, commenters encouraged EPA to seek flexibility. EPA does not see an notice, EPA is modifying the leak allow for or require multiple methods environmental benefit in reducing this inspection requirement so that it is only due to the limitations of individual flexibility. On the suggestions to change required on appliances that have techniques in different circumstances. the Annualizing and Rolling Average exceeded the applicable leak rate. To This approach is consistent with those Methods, EPA is not adopting the repair a leak, the technician must be comments. suggestions. Broadly speaking, EPA

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interprets the comment to indicate that rather than the size of past leaks, or a extended period of time.’’ EPA is the Rolling Average Method should be retrospective approach (the Rolling removing this phrase because the more like the Annualizing Method and Average Method), where past Agency is not concerned about length of vice versa such that they are effectively performance is key. If an owner or time that the system is shut down but identical. This seems unnecessary and operator repairs all identified leaks and rather that the system has been removed confusing, and limits flexibility. Both verifies that the repairs have been from service temporarily, as opposed to methods have strengths that would be successful, then the Agency considers permanently, and that the refrigerant undercut by the suggested changes. that a sufficient clearing event in that has been evacuated. The revised The strength of the Annualizing the leak rate has been brought as close definition also notes that refrigerant can Method is that it is future-oriented. It to zero as possible. We recognize that be evacuated from an isolated allows an owner or operator to ‘‘close these changes may require modification component of the appliance if only an out’’ each leak event so long as the to software and technician training with isolated section or component is requirements are followed and does not the new requirements. For that reason, affected and makes minor edits to lump past leak events with the current EPA intends to develop several improve clarity and readability. EPA is leak event. It considers the amount of compliance assistance tools that will also clarifying in § 82.157(d)(3) and time since the last refrigerant addition help technicians and owners/operators § 82.157(i) that the suspension of time and then scales that up to provide a leak to better understand the requirements. ends when refrigerant is added back rate that projects the amount lost over EPA has also delayed the compliance into the appliance. a whole year if not fixed. As a result, date for the appliance maintenance and One commenter recommended that this formula will yield a higher leak rate leak repair requirements to January 1, EPA allow the system to be filled with for smaller leaks if the amount of time 2019, to allow time for the industry to nitrogen or another inert gas to protect since the last repair was shorter. This prepare for these changes. the system while repair is in process. can have significant environmental EPA responds that the regulations in Low-Pressure Appliance benefits by requiring more thorough subpart F do not prohibit or address this leak inspections and verified repairs EPA is amending the definition of action, as long as the holding charge is sooner. The commenter’s suggested low-pressure appliance to update the an inert gas and not a refrigerant as change would make this method too list of example refrigerants with the defined in this subpart. However, EPA similar to the Rolling Average Method most commonly used refrigerants today. is not making revisions to address this for minimal, if any, benefit and could Because revisions to appliance and point specifically, as the regulations in potentially increase the amount of time refrigerant carry over into this term as subpart F are concerned with included in each leak rate calculation. well, under the revisions finalized in refrigerants and the nitrogen or other Stretching out the period of time this action, low-pressure appliances inert gas in this example is not being covered could result in lower leak rates include those that use ODS and non- used as a refrigerant. depending on the situation. ODS substitute refrigerants. EPA is The Rolling Average Method also has finalizing this definition as proposed. Normal Operating Characteristics and its strengths. It accounts for all Conditions Medium-Pressure Appliance refrigerant additions over the past 365 As proposed, EPA is changing the days or since the last successful follow- EPA is amending the definition of defined term normal operating up verification test showing that all medium-pressure appliance to update characteristics or conditions by identified leaks were successfully the list of example refrigerants with the replacing ‘‘or’’ with ‘‘and’’ for repaired (if less than 365 days). If an most commonly used refrigerants today. consistency through the regulations and owner or operator verifies all identified Because revisions to appliance and to accurately describe the intended state leaks are repaired, this method would refrigerant carry over into this term as of the appliance to which this term also allow an owner or operator to well, under the revisions finalized in refers. EPA is also removing a reference ‘‘close out’’ a leak event. If there is no this action, medium-pressure appliances to a section of the regulation that has follow-up verification test showing that include those that use ODS and non- moved and adding a reference to the all identified leaks were successfully ODS substitute refrigerants. EPA is appliance’s full charge. Operating at full repaired within the last year, the leak finalizing this definition as proposed. charge is a necessary element of an rate would be based completely on Mothball appliance’s normal characteristics and it actual leaks in the past year. This should be reflected in the definition. retrospective approach measures actual EPA proposed to revise the defined Finally, the revised definition clarifies performance and if leaks are identified term system mothballing to mothball to that this term applies to all appliances, and fixed quickly, an appliance may reflect how it is used in the regulations, not just refrigeration appliances. never reach the applicable leak rate. and EPA is finalizing this definition as Two other commenters questioned the proposed. Mothballing an appliance Normally Containing a Quantity of rationale for the change given the need suspends the time needed to complete Refrigerant to update tracking software and provide repairs, retrofit or retirement plans, or As proposed, EPA is removing the staff training. EPA explained its the actual retrofit or retirement of defined term normally containing a rationale in the proposed rule and appliances that have triggered the leak quantity of refrigerant. Because EPA is earlier in this notice. Specifically, the repair requirements. The previous replacing this term with the phrase change is needed to provide clarity that definition referred to refrigeration ‘‘with a full charge of’’ in the regulatory repairs must be successful and verified appliances, but the suspension is text where the term occurred, this in order to be considered in the allowed for comfort cooling appliances definition is no longer needed. calculation and to improve effectiveness as well as commercial refrigeration and of the rule. IPR systems. EPA is therefore removing One-Time Expansion Device In this action, EPA is requiring that the reference to ‘‘refrigeration’’ EPA is amending the definition of owners or operators use a prospective appliances in the definition. The one-time expansion device as proposed approach (the Annualizing Method), previous definition also required that to clarify that this includes devices that that focuses on the current leak event the appliance be shut down for ‘‘an can store multiple charges, which are

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released individually to the to include substitutes. EPA is revising defined at § 82.152, because a environment to provide a cooling effect. the definition of refrigerant under mothballed appliance is simply subpart F for purposes of interpreting, evacuated and shut down until it is Opening an Appliance explaining, and enforcing the venting ready to be used once again, whereas EPA proposed to amend the definition prohibition, which applies to substitute retirement involves a permanent of opening an appliance to improve refrigerants as well as to ODS shutdown of an appliance. Retirement readability. EPA is finalizing this refrigerants. EPA is not revising the should also not be confused with a amended definition as proposed. definition of refrigerant for other repair. Repair is not expressly defined Reclaim subparts under part 82. EPA addresses in the subpart F regulations. Repair may comments about its authority for this include the removal of a faulty As proposed, EPA is changing the action in Section III of this notice. component, but such removal does not defined term reclaim refrigerant to mean that the appliance as a whole has Retire reclaim so as to match usage in the been removed from service and regulatory text and to update the Air EPA is creating a defined term retire. rendered unfit for further use. Conditioning, Refrigeration, and Heating EPA proposed retire to mean, in Throughout this rule, ‘‘replacement’’ or Institute (AHRI) standard referenced in reference to appliances, the disassembly ‘‘replace’’ may be used when discussing the definition. Because revisions to of the entire appliance including its a situation where an existing appliance refrigerant carry over into the definition major components, such that the is retired and replaced with another for this term, it is appropriate to use the appliance as a whole cannot be used by appliance. In some instances, however, updated AHRI standard which also any person in the future. the owner or operator may choose to includes non-ODS substitute One commenter recommended that only retire and not replace an appliance refrigerants. retire not include the phrase ‘‘such that so the two terms are not always used the retired appliance as a whole cannot together. Recover be used by any person in the future.’’ As proposed, EPA is changing the The commenter is concerned that this Retrofit defined term recover refrigerant to could prevent the reuse of certain EPA is creating a defined term retrofit. recover so as to match usage elsewhere equipment parts. Furthermore, the Many appliance owners or operators in the regulatory text. owner/operator has no means to have incorrectly equated retrofit with determine the ultimate fate of the retired repair and EPA received one comment Recycle appliance or components. Another on the proposed rule requesting In the context of recycling refrigerant, commenter stated that the requirement additional examples of activities and EPA is finalizing revisions to the to render the appliance unfit for use by refrigerant conversions that would defined term recycle refrigerant to the current or future owner is qualify as a retrofit. recycle so as to match usage elsewhere unnecessary because retired appliances EPA is finalizing this definition as in the regulatory text. The revised term typically use an older refrigerant and are proposed. EPA uses retrofit to refer to a also clarifies that reuse of recycled not economical to purchase. Requiring change to the appliance in order to refrigerant must occur in equipment of that the owner do something to render convert it to the use of a different the same owner. This revision facilitates the unit unfit for use would impose an refrigerant. In response to the comment consistency with the prohibition in unnecessary burden. EPA responds that requesting the addition of examples of § 82.154(g) of the existing rules on the the term retire concerns the continued activities or refrigerant conversions, sale of used refrigerant unless it has use of that appliance as a whole. All of EPA concludes that it is not necessary either been reclaimed or is being the working components of a retired to include additional examples of transferred to an appliance owned by appliance could be disassembled and activities in the definition. Further, EPA the same parent company or by the resold to be used in multiple other is not specifying the type of refrigerants same federal agency or department. EPA appliances because the original that are being converted, though is finalizing this definition substantially appliance, as a whole, is no longer typically retrofits have involved the as proposed. operating. replacement of an ODS with a non- Another commenter stated that ozone depleting substitute. Retrofits Refrigerant appliances may be retired without being often require changes to the appliance EPA is amending the definition of completely disassembled. This (for example, change in lubricants, filter refrigerant, for the purposes of subpart comment stated that often, especially for driers, gaskets, o-rings, and in some F, to include both ODS and substitutes IPR, appliances can be abandoned in cases, components) in order to acquire that are used for heat transfer purposes place for a considerable length of time; system compatibility. Sometimes very and provides a cooling effect. This so long as an appliance is made few or no changes to the appliance are amended definition is closer to how the inoperable and permanently shut down necessary to convert from one term is commonly understood, based on it should be considered retired. This refrigerant to another. That would still its functional properties. From an commenter provided recommended be a retrofit because the refrigerant has engineering standpoint, it is irrelevant language which accurately describes the changed. whether or not a compound is an ODS necessary state of the appliance Retrofit does not apply to upgrades or to function as a refrigerant. Broadening ‘‘rendered unusable’’ and notes that any repairs to existing equipment where the the term also brings another term in remaining refrigerant would be refrigerant is not changed. EPA subpart F that contains this term, recovered from the appliance. EPA is generally considers a repair to include refrigerant circuit, more in line with finalizing the definition of retire that an action that addresses the leaking common usage. largely matches the definition suggested appliance or the affected component(s) One commenter stated that EPA does by this commenter because it more of the leaking appliance. Repairs may not have authority to regulate accurately describes the intent of what include replacement of components or substitutes to the same extent as class I the Agency proposed. component subassemblies but changing and class II ODS and thus the Agency As discussed in the proposed rule, the refrigerant would make the action a is prohibited from redefining refrigerant retirement differs from mothballing, as retrofit.

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Self-Sealing Valve small appliance in the manner in which Under section 608, EPA considers a SNAP- the commenter recommends. See approved refrigerant a ‘substitute’ for CFC or EPA is finalizing its proposal to create HCFC refrigerants under section 608 if any of a defined term self-sealing valve. Under discussion under the definition of appliance for additional information. the following is the case: (1) The substitute this definition, self-sealing valve is a refrigerant immediately replaced a CFC or valve affixed to a container of refrigerant Substitute HCFC in a specific instance, (2) the substitute that automatically seals when not refrigerant replaced another substitute that actively dispensing refrigerant and that EPA is finalizing proposed replaced a CFC or HCFC in a specific meets or exceeds established amendments to the definition of instance (i.e., it was a second-or later- substitute to remove the phrases ‘‘EPA- generation substitute), or (3) the substitute performance criteria as identified in refrigerant has always been used in a § 82.154(c)(2). The purpose of a self- approved’’ and ‘‘in a given refrigeration or air-conditioning end-use.’’ These particular instance, but other users in that sealing valve is to prevent or minimize end-use have used it to replace a CFC or inadvertent release of refrigerant to the phrases are references to the SNAP HCFC. (March 12, 2004; 69 FR 11958) program, which identifies acceptable environment during the use and storage EPA continues to hold this of the container of refrigerant. The alternatives to ODS for specific end- uses. The Agency has changed the status interpretation, except that for the requirement for self-sealing valves for reasons discussed above, EPA no longer small cans of MVAC refrigerant is of certain refrigerants from acceptable to unacceptable for new retail food maintains the position that substitutes discussed in more detail in Section must be approved under SNAP in order IV.C. refrigeration equipment, vending machines, and motor vehicle air to be considered a refrigerant under Small Appliance conditioning (80 FR 42870; July 20, section 608 when the substance is used 2015). EPA has also recently proposed as a refrigerant. In addition, the phrase EPA is finalizing proposed ‘‘any chemical or product, whether amendments to the definition of small to make additional changes (81 FR 22810; April 18, 2016). EPA does not existing or new’’ makes clear that the appliance to remove the reference to term is to be applied broadly, even to class I and class II refrigerants. Because mean to imply that finding a refrigerant to be unacceptable in a given end-use compounds that do not yet exist or have revisions to appliance and refrigerant not yet been developed. under SNAP means that it is no longer carry over into this term as well, under Other commenters recommended that included within substitute, and thus by the revisions finalized in this EPA explicitly state the types of rulemaking small appliances include extension refrigerant. Were that the refrigerants that are considered those that use ODS and non-ODS case, those substances would be substitutes. The proposal stated that substitute refrigerants. EPA is also exempted from the safe handling EPA intends to apply the requirements adding portable air conditioners to the requirements of subpart F, or even the in subpart F to all substances that are list of example small appliances. venting prohibition, despite still being functionally refrigerants, including but One commenter requested that EPA used as refrigerants. EPA intends for not limited to HFCs, PFCs, HFOs, specifically exclude MVACs and those substances to continue to be hydrofluoroethers, and hydrocarbons, as MVAC-like appliances from this subject to those requirements where long as those substances have not been definition. The commenter believes that they are being used as refrigerants. exempted from the venting prohibition. without such an exclusion those types Accordingly, EPA is finalizing this To the extent these comments are of appliances would be included in the revision to prevent that confusion, suggesting that EPA should provide revised definition of small appliance, especially since the Agency allows for some examples as a non-exhaustive list which it characterizes as including any the servicing of existing appliances in the definition, EPA agrees that this appliance charged with five pounds or designed to use refrigerants that the increases clarity and EPA has added a less of refrigerant, and be subject to Agency recently listed as unacceptable non-exhaustive list of examples of regulations that apply to small in new (and in some cases) retrofitted substances that would be included in appliances. EPA responds that MVACs appliances. this definition, as well as clarifying that and MVAC-like appliances are not small Under the revised definition, any blends of such substances are also appliances even though the charge sizes chemical or product, whether existing included. This approach also matches may be similar. Small appliances must or new, that is used by any person as a other definitions in subpart F that have be hermetically sealed, which MVACs replacement refrigerant for a class I or similar lists of examples. To the extent and MVAC-like appliances are not. II ozone-depleting substance would be the commenters are suggesting that EPA Another commenter noted that EPA considered a substitute, even if it has establish an exhaustive list of has specifically granted an exemption been recently listed as unacceptable substances that would qualify as for the manufacture of small appliances under SNAP in some end-uses or has substitutes, EPA does not agree such a in subpart B and urged EPA to preserve not been submitted to or reviewed by list is needed or would be feasible to that exclusion in subpart F for MVACs. the SNAP program. One commenter include. Including such a list would The commenter points to the definition stated that by limiting the definition of also be unadvisable given the continued of motor vehicle in subpart B. EPA substitute to replacements for ODS, EPA development of new substitutes. responds that the definition of motor could be unintentionally permitting Therefore, the definition provides an vehicle air conditioner in subpart F is new replacements to HFCs, as opposed illustrative list of substances that are simply a reference to subpart B. Thus, to ODS, to be beyond the scope of included. the use of MVAC in subpart F has the subpart F. Another commenter To provide clarity, EPA is adding meaning granted to it in subpart B and suggested that the term be limited to the mention of the venting prohibition in this rule does not remove the exclusion SNAP-approved list of substitutes but the definition of substitute. While EPA granted for the assembly of MVACs in provided no reasons for such a is finalizing its interpretation that subpart B. EPA disagrees that it is limitation. carbon dioxide, nitrogen, water, necessary to clarify this point by EPA responds that in 2004, the ammonia, chlorine, hydrocarbons, and amending the definition of appliance, Agency affirmed an inclusive view of R–441A are substitutes, the regulations which is a broader category, nor is it the scope of substitutes under subpart F. as finalized make clear that when these appropriate to amend the definition of In that rule, it stated: substitutes are used as refrigerants in

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the end-uses specified in § 82.154(a)(1), text at § 82.156(a), which describes the described above related to MVACs and they are exempt from the requirements required practices to properly evacuate persons authorized under section 609. of subpart F and can be referred to as refrigerant from an appliance. The Very High-Pressure Appliance ‘‘exempt’’ substitutes. Similarly, the definition added in this rule does not term ‘‘non-exempt substitutes’’ as used introduce any new practices to the EPA is finalizing amendments to the in this subpart refers to all other evacuation requirements. EPA is also definition of very high-pressure substitutes and end-uses not specified removing the parenthetical in appliance to update the list of example in § 82.154(a)(1) as exempt from the § 82.156(a), as it is no longer needed. refrigerants with the most commonly venting prohibition. This clarification is used refrigerants today. Because Technician only for purposes of the subpart F revisions to appliance and refrigerant regulations, and should not be EPA is amending the definition of carry over into this term as well, under construed to affect any other subpart. technician to improve clarity. As the revised definition very high-pressure One commenter requested that the revised, the definition highlights that appliances include those that use ODS regulations include the phrase ‘‘non- the determining factor for being a and non-ODS substitute refrigerants. technician is performing actions that exempt refrigerants’’ more frequently so Voluntary Certification Program that the reader does not have to could reasonably be expected to violate understand that the regulatory the integrity of the refrigerant circuit. In EPA is finalizing the proposed definition of refrigerants excludes general, only people who have removal of the defined term voluntary substitutes that are exempted from the completed the technician certification certification program. This term venting prohibition. EPA responds that process should be performing actions references a provision in the regulations while exempt substitutes are included that could violate the integrity of the that grandfathered in technicians who in the regulatory definition of refrigerant circuit and could therefore were certified prior to the establishment refrigerant, the regulatory text has been release refrigerant into the environment. of the technician certification program revised to clarify that the obligations The exception to that general in subpart F. As discussed in Section under subpart F do not apply to exempt statement is that persons maintaining, IV.J.4 below, EPA is removing these substitutes. EPA has included in the servicing, or repairing MVACs and grandfathering provisions in this action definition of substitute a description of persons disposing of small appliances, because they are no longer needed and the terms ‘‘exempt substitutes’’ and MVACs, or MVAC-like appliances do therefore is removing the definition as ‘‘non-exempt substitutes’’ with not need to be technicians, as defined well. reference to § 82.154(a)(1), which within subpart F. This exception is B. Revisions to the Venting Prohibition provides that exempt substitutes are explicitly included in the definition in § 82.154(a) exempt from the requirements of this finalized in this action. This revision is subpart, so that readers of the regulation not intended to affect the scope of the 1. Background can follow EPA’s intent from the existing requirements but rather to As explained in Section III of this definition. EPA has also added respond to requests from stakeholders notice, under the revisions finalized in references in the regulation to class I, prior to the publication of the proposed this rule, § 82.154(a) prohibits the class II, and non-exempt substitute rule that the Agency clarify which venting of ODS refrigerants and non- refrigerants, where applicable, to be activities must be conducted by ODS substitute refrigerants to the clear which refrigerants are subject to technicians and which need not be. EPA environment by persons maintaining, the provisions. received comments stating that the servicing, repairing, or disposing of an proposed revision would require appliance. This provision provides an Suitable Replacement Refrigerant persons maintaining, servicing, or exemption to the venting prohibition for EPA is removing the defined term repairing MVACs to be technicians. EPA certain substitutes in specific end-uses suitable replacement refrigerant. As did not intend to impose that based on a determination that the listed discussed in Section IV.F.10 of this requirement and has corrected that in substitutes in the listed end-uses do not notice, EPA is removing the extension to the final rule. EPA also edited the pose a threat to the environment when retrofit or retire an appliance using an regulations in the sales restriction in released. As revised, this section also ODS refrigerant if a suitable § 82.154(c) to ensure that technician exempts from the venting prohibition de replacement refrigerant with a lower applies only to technicians authorized minimis releases of ODS refrigerants ozone depletion potential is under section 608 and not persons and non-exempt substitute refrigerants, unavailable. It is therefore appropriate authorized under section 609. and defines de minimis releases of ODS to remove the term from the list of The prior definition of technician also refrigerants and non-exempt substitute definitions. included a non-exclusive list of example refrigerants to be those releases that activities that are reasonably expected to System Receiver occur when the other provisions of violate the integrity of the refrigerant subpart F (or subpart B in the case of EPA is finalizing the creation of a circuit as well as examples of activities MVACs) are followed. defined term system receiver to provide that do not. EPA proposed to edit these clarity to the reader and improve the examples to improve clarity and to add 2. Applying the de minimis Exemption organization of these regulations, by the following two examples of activities to Substitute Refrigerants providing a definition of this term in a reasonably expected to violate the As explained in more detail earlier in location where the reader might expect integrity of the refrigerant circuit: this notice, the knowing venting, to find it. Under the added definition, Adding or removing components and release, or disposal of substitutes for a system receiver is the isolated portion cutting the refrigerant line. EPA is class I and class II refrigerants in the of the appliance, or a specific vessel finalizing the definition substantially as course of maintaining, servicing, within the appliance, that is used to proposed, including the two new repairing, or disposing of an appliance hold the refrigerant charge during the example activities that are reasonably or IPR is expressly prohibited by section servicing or repair of that appliance. expected to violate the integrity of the 608(c)(1) and (2) of the CAA, effective This definition was previously included refrigerant circuit, and with the November 15, 1995, unless the only in a parenthetical in the regulatory modifications from the proposal Administrator determines that such

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venting, release, or disposal does not refrigerants. For example, the proper use releases applies. Because EPA is pose a threat to the environment. This of certified recovery equipment and the finalizing revisions that define the prohibition is commonly called the evacuation of refrigerant to prescribed exception for substitute refrigerants venting prohibition. Section 608(c)(1) standards would be considered a good such that it only applies when the establishes the venting prohibition for faith attempt to recapture and recycle or person complies with the existing class I and class II substances, and also safely dispose of non-exempt substitute refrigerant management provisions, establishes an exemption from the refrigerants when maintaining, compliance with those provisions will prohibition for de minimis releases servicing, repairing, or disposing of an ensure that any releases incidental to associated with good faith attempts to appliance. these practices will be considered de recapture and recycle or safely dispose Under this approach, releases are only minimis and thus will not violate the of ‘‘any such substance.’’ The statutory considered de minimis if they occur venting prohibition under section language of section 608(c)(2) extends when these procedures, or those under 608(c)(2). paragraph 608(c)(1) to substitutes for subpart B, are followed. Conversely, One commenter stated that it fails to class I and class II substances used as emissions that take place during see why it would be unclear to the refrigerants in appliances and IPR. This maintenance, servicing, repair, or regulated community that the same de extension includes both the prohibition disposal when these provisions are not minimis exemption applicable to class I on venting and the exemption for de followed are not de minimis emissions and II substances applies equally to minimis releases associated with good and are subject to the venting substitutes. Section 608(c)(1) provides a faith attempts to recapture and recycle prohibition. While these principles were specific de minimis exemption. or safely dispose of such substances. clearly expressed in the prior Paragraph 1 contains the de minimis Prior to this rulemaking, for class I regulations for ODS, the prior language, so that language clearly and II substances EPA had interpreted regulations did not clearly establish applies to the intentional venting/ as de minimis those releases that occur what practices the regulated community release of substitutes under paragraph 2. despite compliance with EPA’s required would need to follow in order to qualify In other words, the de minimis language practices under the previous regulations for the de minimis exemption and to in section 608(c)(1) is expressly for recycling and recovery, use of comply with the venting prohibition applicable to section 608(c)(2), and certified recovery and/or recycling while maintaining, servicing, repairing, there is no ambiguity that EPA needs to equipment, and technician certification or disposing of equipment containing clarify. programs. EPA interpreted compliance non-exempt substitute refrigerants. With with those regulations to represent the revisions finalized in this rule, EPA EPA agrees with the comment that the ‘‘good faith attempts to recapture and is clarifying how the venting prohibition statute applies the de minimis recycle or safely dispose’’ of refrigerant. and de minimis exemption apply to exemption to substitute refrigerants. Accordingly, the prior regulations at non-exempt substitute refrigerants, to This statutory interpretation supports § 82.154(a)(2) provided that releases of increase certainty for and facilitate the revisions finalized in this rule. The ODS refrigerants are considered de compliance by the regulated statutory ambiguity arises because minimis only if they occur when the community, as well as further neither section 608(c)(1) or (2) other provisions of subpart F (or subpart explaining its interpretation of these specifically define what releases would B in the case of MVACs) are followed. statutory provisions. qualify for the de minimis exemption or Although the prior regulations at It is impossible to open an appliance what would be considered ‘‘good faith § 82.154(a) exempted de minimis (or otherwise violate the refrigerant attempts to recapture and recycle or releases of non-exempt substitutes from circuit) or dispose of an appliance safely dispose’’ of such a substance. The the venting prohibition, those without emitting some of the refrigerant Agency previously established regulations did not provide any express in the circuit. Even after the appliance regulations clarifying what releases guidance for such substitutes as to what has been evacuated, some refrigerant would be considered exempt from the practices are considered ‘‘good faith remains, which is released to the venting prohibition under the de attempts to recapture and recycle or environment when the appliance is minimis exemption for ODS refrigerants. safely dispose’’ of the substitute such opened or disposed of. Other activities For class I and II substances EPA has that incidental releases would qualify that fall short of opening or disposing of interpreted those releases that occur for the de minimis exemption. the appliance but that involve violation despite compliance with EPA’s required EPA interprets the phrase ‘‘good faith of the refrigerant circuit also release practices for recycling and recovery attempts to recapture and recycle or refrigerant, albeit in very small under the previous § 82.156, use of safely dispose’’ similarly when it quantities, because connectors (e.g., recovery and/or recycling equipment applies to substitute refrigerants under between hoses or gauges and the certified under § 82.158, and technician section 608(c)(2) as when it applies to appliance) never join together without certification programs under § 82.161 as ODS refrigerants under section intervening space. Even in the best case falling within the de minimis 608(c)(1). Thus, compliance with the in which a good seal is made between exemption. Because the de minimis provisions regarding the evacuation of a hose and an appliance before the valve language in section 608(c)(1) is directly equipment, use of certified equipment, between them is opened, some applicable to section 608(c)(2), it is and technician certification in any refrigerant will remain in the space reasonable for EPA to choose to use the instance where a person is opening (or between the valve and the outer seal same regulations to clarify which otherwise violating the refrigerant after the valve is closed. This refrigerant releases of non-exempt substitute circuit) or disposing of an appliance will be released when the outer seal is refrigerants qualify for the de minimis would represent ‘‘good faith attempts to broken. Thus, whenever a person opens exception. These regulations recapture and recycle or safely dispose’’ an appliance (or otherwise violates the accordingly fill a gap in the statute and of non-exempt substitute refrigerants. refrigerant circuit) in the course of the prior regulations relating to the EPA considers these provisions to maintaining, servicing, repairing, or definition of the de minimis exemption appropriately represent good faith disposing that appliance, he or she and the phrase ‘‘good faith attempts to attempts to recapture and recycle or could violate the venting prohibition recapture and recycle or safely dispose’’ safely dispose of such substitute unless the exception for de minimis for non-exempt substitute refrigerants.

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Another commenter stated that EPA in this rule, releases of non-exempt and the de minimis exemption through must distinguish between provisions substitutes will be considered de rulemaking provides advance notice to interpreting and enforcing the venting minimis only if they occur when the regulated entities; this is in contrast to prohibition and other provisions specified requirements are satisfied. case-by-case application, which would implementing the statutory In addition, EPA does not agree with be the approach in the absence of requirements to ‘‘minimize the use and the comment’s implication that the leak rulemaking. emission’’ and ‘‘maximize the recapture repair program relates only to Further, even if we agreed with the and recycling’’ of class I and class II minimizing the use and emission or comment that the term de minimis does substances. In the commenter’s view, maximizing the recapture and recycling not support development of a the leak repair program is clearly related of refrigerants. For example, leak repair comprehensive regulatory program, EPA to the latter requirements. In addition, is a type of servicing and releases of is not creating such a program through to the extent that a regulatory violation non-exempt substitutes that occur in the this rule. Rather, it is extending a such as recordkeeping does not cause a course of repairing leaks as required by regulatory program that already exists release, EPA cannot use that as a the leak repair program could violate and serves to interpret and enforce the violation of the venting prohibition. The the venting prohibition. As such, it is venting prohibition and de minimis comment concludes that all de minimis reasonable to clarify in the regulations exemption for ODS and using those releases associated with good faith that releases of non-exempt substitutes same requirements for the same purpose attempts to recover or recycle that are incidental to repairing leaks as for non-exempt substitute refrigerants. refrigerants are exempt regardless of required by the regulations will not be Although EPA could have chosen a regulatory compliance. considered to violate the venting different method to interpret and prohibition. In establishing the enforce the venting prohibition for non- EPA disagrees that there is a subset of recordkeeping requirements in this rule, exempt substitute refrigerants, for the provisions finalized in this action EPA is not suggesting that every failure reasons described elsewhere in this rule, that does not interpret, explain, or to comply with a recordkeeping EPA is electing to regulate ODS enforce the venting prohibition and is requirement would necessarily result in refrigerants and non-exempt substitute only aimed at minimizing the use and a violation of the venting prohibition. refrigerants consistently. emission or maximizing the recapture But in any event a failure to comply and recycling of refrigerants. Under the 3. Exempting Certain Substitutes From with a recordkeeping requirement the Venting Prohibition prior regulations with regard to ODS, would certainly be a violation of section the regulatory text has long used the 114. EPA proposed to explicitly state in required practices under subpart F, Another commenter stated that there the regulatory text that the substitutes including the leak repair provisions is no basis in the text of the CAA to exempted from the venting prohibition under the prior § 82.156(i), to clarify assert that the venting prohibition is in § 82.154(a)(1) are also exempt from which emissions will qualify for the de self-effectuating but that the de minimis the other provisions of subpart F. EPA minimis exemption and thus not run exemption is not. It may be reasonable also proposed to reorganize the list of afoul of the venting prohibition. The to interpret de minimis to mean in exempt substitutes by refrigerant type stakeholder community has appeared to compliance with a comprehensive for readability. EPA did not propose to accept this structure, and the regulatory program when such a revise the listed end-uses or propose to interpretation of the venting prohibition program is already authorized, but EPA add or remove any substitutes from the it embodies, as it related to ODS. As cannot create a comprehensive list. described above in more detail, EPA is regulatory program from that term. The Multiple commenters supported extending this regulatory structure commenter believes that it would be EPA’s proposal to extend the existing which has long interpreted and enforced reasonable to interpret de minimis as regulations to HFCs and other non- the venting prohibition for ODS to do those releases that occur when exempt substitutes for the clarity it the same for the venting prohibition as following best practices that occur while would provide to manufacturers and it applies to non-exempt substitute maintaining, servicing, repairing, or technicians. Other commenters refrigerants. The fact that these disposing of an appliance. recommended that EPA treat all requirements may also be related to While the prohibition on venting refrigerants (including exempt minimizing the use and emission or under section 608(c) is self-effectuating, substitutes like hydrocarbons, ammonia, maximizing the recapture and recycling meaning the prohibition itself is legally and carbon dioxide) equally in all of ODS refrigerants does not preclude binding even without implementing aspects of the subpart F regulations, EPA from using those requirements to regulations, the statutory terms contain including recovery and reclamation, clarify how the venting prohibition ambiguity. For example, the terms ‘‘de technician certification, leak detection, applies to non-exempt substitute minimis releases’’ and ‘‘good faith and recordkeeping. Consistent refrigerants. Nor does it prevent EPA attempts to recapture and recycle or application of the regulations to all from choosing to interpret, explain, and safely dispose’’ are not specifically refrigerants, the commenters say, would enforce the de minimis exemption for defined in section 608(c)(1) or (c)(2). reinforce essential refrigerant ODS and non-exempt substitutes Accordingly, it is appropriate for EPA to management practices for all systems, through consistent requirements. EPA is clarify in its regulations how it reduce leaks, improve safety, and extending this regulatory structure to interprets and will apply those terms. improve the operating efficiency of non-exempt substitutes to clarify its As described in greater detail above, equipment. The commenters say that all interpretation of the ambiguous EPA is finalizing revisions to the section refrigerants, other than water and some statutory phrase ‘‘de minimis releases 608 regulations to further interpret and HFOs, have either flammability associated with good faith attempts to explain the venting prohibition and properties, higher GWP properties, or recover or recycle refrigerants’’ and to increase its enforceability by giving properties hazardous to human health enhance certainty that emissions that greater clarity and certainty as to which (toxicity, risk of asphyxiation, frostbite, occur while complying with the releases it views as being covered by the etc). Another commenter was opposed regulations are covered by this de minimis exemption. Addressing the to exempting refrigerants that may be exemption. After the revisions finalized application of the venting prohibition vented from the broader subpart F

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requirements (with the possible ODS and non-exempt substitute applies to non-exempt substitute exception of systems using water, refrigerants) after its recovery from an refrigerants sold in all sizes of nitrogen, or carbon dioxide) as it viewed appliance. EPA is moving this provision containers for use in all types of such an exemption as a dramatic to a separate paragraph (§ 82.154(a)(3)) appliances, including MVACs. EPA is expansion of the exemption to the rather than its previous location in the creating an exception for small cans venting prohibition. The commenter description of a de minimis release. (two pounds or less) of refrigerant states that establishing a separate class Standing alone should make the intended to service MVACs, so long as of equipment that does not require provision clearer that it is a violation of the cans are equipped with a self-sealing proper refrigerant management practices the venting prohibition to vent or valve. EPA is also restricting the sale of will only increase confusion in the field otherwise release refrigerant after that used non-exempt substitute refrigerants. and exacerbate the problem of illegal refrigerant is recovered from an Since 1993, EPA has restricted the venting. appliance, whether from cylinders, sale of ODS refrigerant to certified EPA agrees with the comments that recovery equipment, or any other technicians as a means of ensuring that the extension of the subpart F storage container or device. The venting only qualified individuals—those who regulations increases clarity. EPA prohibition cannot be circumvented by have sufficient knowledge of the safe disagrees that its clarification that using a recovery device and handling regulations—actually handle exempt substitutes are not subject to the subsequently releasing the refrigerant. refrigerant. EPA considers the subpart F requirements is an expansion This is especially important because restriction on the sale of ODS refrigerant of the exemption since the service refrigerant recovered from appliances to be important for ensuring compliance practices and requirements in subpart F may be contaminated or be a mixture of with and aiding enforcement of the had previously only applied to ODS multiple refrigerants. Such refrigerant regulations issued under sections 608 refrigerant. There are a couple of may be difficult to reclaim or may and 609 of the CAA. This requirement reasons for EPA’s present view that it is require a fee for proper disposal or also relates to EPA’s Next Generation appropriate not to extend the provisions destruction. In light of those difficulties, Compliance strategy since compliance of subpart F to refrigerants that have it is important to emphasize that venting with this requirement is largely carried been exempted from the venting this refrigerant, even though it is in a out by distributors who sell refrigerant prohibition. First, EPA has previously cylinder and not an appliance, is illegal. to technicians. In this rulemaking, EPA determined that the release of these EPA did not receive any comments on is choosing to apply the same substances do not pose a threat to the this provision and is finalizing it as requirements for sales of ODS and non- environment or are already controlled proposed. exempt substitutes. Limiting the sale of by other authorities. (See 69 FR 11949, non-exempt substitute refrigerants to 80 FR 19454, and 81 FR 22810). Given C. Revisions to the Refrigerant and technicians who have demonstrated those decisions, it would generally not Appliance Sales Restrictions in § 82.154 knowledge of safe handling practices make sense to require all procedures for 1. Background helps minimize the release of recovery or safe disposal, or to apply all refrigerants during the maintenance, other provisions of subpart F to those Under the prior regulations at servicing, and repair of appliances exempt refrigerants. This is consistent § 82.154(m), the sale or distribution of a containing such substitute refrigerants. with the intent of section 608(c)(2), refrigerant containing a class I or class A sales restriction for non-exempt which states that substitutes may be II substance, such as R–12 or refrigerant substitute refrigerants also provides exempted from the venting prohibition blends that include HCFCs, is restricted if the Administrator determines that not to technicians certified under sections important support to the extension of just the venting but also the ‘‘releasing, 608 or 609 of the CAA. The sale or the technician certification or disposing’’ of such substance does distribution of any class I or class II requirements to individuals working not pose a threat to the environment. substance suitable for use in an MVAC with non-exempt substitute refrigerants. Second, the refrigerant management that is in a container of less than 20 Generally, commenters are supportive practices in subpart F may be pounds may only be sold to technicians of EPA’s proposal and agree with EPA’s inappropriate for some of the exempted certified under section 609. rationale. Commenters who are refrigerants. For example, the venting of The prior regulations at § 82.154(g) generally opposed to extending EPA’s exempt hydrocarbon refrigerants in also restricted the sale of used ODS regulations under section 608 to certain end-uses may be the safest refrigerant sold for reuse unless certain substitutes did not specifically raise the option for technicians at this time, conditions are met, the most important issue of whether EPA had authority to considering that such refrigerants are of which is that the refrigerant has been extend the sales restriction to HFCs and flammable but most existing recovery reclaimed. Sections 82.154(j) and (k) other non-exempt substitute equipment were not designed and prohibited the sale of appliances refrigerants. EPA addresses the general constructed, e.g. with spark-proof containing an ODS refrigerant unless the comments about its authority for components, for use on flammable appliance has a servicing aperture or extending the refrigerant management refrigerants. As long as the process stub to facilitate the removal of regulations, as appropriate, to non- Administrator has determined that such refrigerant at servicing and disposal. exempt substitute refrigerants in Section venting of those substances in those Section 82.154(p) prohibited the III of this notice. Some commenters end-uses does not pose a threat to the manufacture or import of one-time stated that the sales restriction should environment, such venting is legal and expansion devices that contain any be extended to hydrocarbons. These may be safer than following the subpart refrigerant (ODS or non-ODS), other commenters noted that the flammability F requirements in some circumstances. than exempted refrigerants. of these refrigerants poses far greater risks than that of R–22 when handling 4. Releases From Containers 2. Extension to Substitute Refrigerants it and servicing equipment. Because the EPA is moving the previous Through today’s rule, EPA is sales restriction is an element of the regulatory provision in § 82.154(a)(2) extending the sales restriction to HFCs broader technician certification that states that the venting prohibition and other non-exempt substitute provisions of subpart F, EPA responds applies to the release of refrigerant (both refrigerants. This sales restriction to comments concerning the sale and

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handling of flammable refrigerants in refrigerant cannot be sold in small cans impose burdensome training and/or Section IV.I of this notice. to individuals, regardless of the certification requirements more broadly exemption finalized in this rule. at this time. 3. Sales of Small Cans Based on the NPD Automotive As described in Analysis of the a. What is EPA finalizing concerning Aftermarket Industry Monitor, 2008, Economic Impact and Benefits of Final small cans of MVAC refrigerant? approximately 14 million small cans are Revisions to the National Recycling and Historically, individuals have been sold each year. If EPA were to extend Emission Reduction Program, EPA able to purchase small cans of non-ODS the sales restriction to small cans estimates that a nationwide requirement refrigerant to service their own vehicles. without the exemption for small cans to use self-sealing valves on all small This do-it-yourself (DIY) servicing is with self-sealing valves, individuals cans will reduce emissions by more unique in the air-conditioning and who normally service their own MVAC than 0.657 MMTCO2eq. per year. EPA refrigeration sector to the MVAC end- would be required to either seek also anticipates there could be use. As mentioned previously in this certification under section 609 or take additional emissions reductions to the notice, EPA is finalizing the extension their car to a technician to be serviced. extent the self-sealing valves allow of the sales restriction to non-exempt EPA estimates that the cost associated individuals to store and re-use the same substitutes. EPA is also finalizing an with those two actions could be as can of refrigerant, reducing the need to exemption from the sales restriction for much as $1.5 billion per year. For more buy additional small cans. Currently, a small cans of MVAC refrigerant that are details, see Analysis of the Economic small can is typically used in one manufactured with a self-sealing valve Impact and Benefits of Final Revisions vehicle and then discarded with some to minimize the release of refrigerant to the National Recycling and Emission refrigerant still remaining in the can during servicing because the Agency has Reduction Program in the docket. –from which it will ultimately be concluded that restricting the sale of EPA’s proposal to exempt small cans released to the environment. EPA small cans of refrigerant for use in of refrigerant for use in MVAC systems estimates that the annual cost for this servicing MVAC would be that are equipped with a self-sealing requirement would be approximately $3 unnecessarily burdensome. If EPA valve was informed by input from the million with the cost decreasing over extended the sales restriction to Auto Care Association and the time as manufacturers increase substitute refrigerants without Automotive Refrigeration Products production and achieve greater exempting small cans, the sale of both Institute, two associations that represent economies of scale. small containers of refrigerant, which the vast majority of manufacturers of EPA is finalizing a new appendix E are used for DIY servicing of MVAC small cans in the United States. EPA establishing a standard for self-sealing systems, and typical size (e.g., 25- or 30- also reached out to CARB and other valves that is based largely on CARB’s pound) cylinders of refrigerant used by industry representatives as discussed in Test Procedure for Leaks from Small technicians to service MVAC and other the NPRM. Based on California’s Containers of Automotive Refrigerant, appliances would be limited to certified experience, EPA proposed the TP–503, as amended January 5, 2010. To technicians. exemption for small cans equipped with be consistent with the CARB standard In the United States, HFC–134a has self-sealing valves as an effective way to and existing small cans that are already been used in all newly manufactured reduce emissions of HFCs used to on the market, the leakage rate may not vehicles with air-conditioning systems service MVACs without limiting sales to exceed 3.00 grams per year when the since 1994 and almost all small cans of certified technicians. These valves self-sealing valve is closed. This leakage refrigerant sold for MVAC DIY use are reduce the release of refrigerant during rate applies to full containers as well as cans of HFC–134a.18 More recently, the servicing and reduce releases from the containers that have been used and are SNAP program listed HFO–1234yf, can after the servicing is complete. partially full. Manufacturers already produce small HFC–152a, and carbon dioxide (CO or 2 cans with self-sealing valves to meet b. How is EPA responding to comments R–744), three climate-friendly California’s requirements. According to about this topic? alternatives for MVAC, as acceptable industry representatives and CARB, self- EPA received comments from several subject to use conditions for use in new sealing valves are estimated to cost manufacturers, distributors, and light-duty vehicles. Manufacturers are $0.25 per can. In light of that retailers of automotive refrigerant, and currently producing or are actively information, EPA does not find it to be associations representing them, in developing light-duty models using unduly burdensome to add self-sealing support of requiring that the small cans these three refrigerants. As finalized in valves to all small cans produced for be outfitted with self-sealing valves and this rule, the exception for small cans sale in the United States, especially as not restricting the sale of small cans to would apply to HFC–134a, HFO– compared to an extension of the sales certified technicians. EPA also received 1234yf, HFC–152a, as well as any restriction that would prohibit the sale comments from multiple industry additional MVAC refrigerants listed as of small cans to non-certified persons. associations and CARB supporting these acceptable subject to use conditions Because they are incorporated into the provisions. under SNAP that are not exempt from product, consistent with EPA’s Next Two environmental organizations the venting prohibition. Because CO2 is Generation Compliance principles, the were opposed to the proposed exempt from the venting prohibition, it individual servicing her or his personal exemption for small cans equipped with is not subject to the sales restrictions MVAC would reduce emissions without self-sealing valves. The commenters and certification is not required for its any additional effort or training, as recommend that only certified purchase in any size container. EPA has compared to using small cans of technicians be allowed to purchase not received a submission of a unique refrigerant on the market today that do MVAC refrigerant, regardless of the fitting for use on a small can of HFO– not employ a self-sealing valve. Thus, container size. The commenters believe 1234yf; therefore, at this time this EPA has determined that self-sealing that the DIY community is a large valves are an effective mechanism for source of emissions of automotive 18 ODS refrigerant for MVAC servicing that is sold in cylinders less than 20 pounds is currently controlling the release of non-exempt refrigerant. Specifically, they claimed restricted to technicians certified under section 609 substitute refrigerants to the that emissions occur because DIYers are of the CAA. atmosphere, making it unnecessary to untrained in the use of the product, they

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vent remaining refrigerant from the technicians under section 609. EPA small can will be used to service MVAC prior to recharging it because does not see the benefit of restricting the appliances other than MVACs that use they do not own recovery and recycling sale of small cans to people certified non-exempt substitute refrigerants, equipment, and they are merely filling, under section 609 since small cans of which would be in contravention of the rather than repairing, a leaking system. refrigerant that do not have self-sealing sales restriction. One of the commenters estimated the valves are inherently emissive. Being Refrigerant sold for MVAC servicing annual emissions of automotive certified under section 609 would not is also different than other refrigerant refrigerant at 18 MMTCO2eq. prevent the emission of the refrigerant because of the limited types of EPA responds that DIY servicing is from the heel of the can. equipment that could be serviced with unique to the MVAC end-use, as Commenters who oppose the sale of a small can. First, many household discussed previously in this notice. EPA small cans generally do support the appliances that use refrigerants are did not propose to restrict the sale of requirement to use self-sealing valves if hermetically sealed, like a refrigerator. small cans of MVAC refrigerant to there is not a total ban on sales. One Someone who wanted to open that certified technicians, explaining its commenter also strongly recommended appliance would need greater skill and concerns that such a requirement could that EPA allow the sale of small cans of specialized equipment to service the be unnecessarily burdensome (80 FR HFO–1234yf and HFC–152a so that DIY appliance since there would not be a 69479; Nov. 9, 2015). If EPA were to consumers will not be enticed to servicing port to access. This makes it prohibit DIY servicing, individuals who recharge their HFO–1234yf system with less likely that homeowners would normally service their own MVAC HFC–134a for the lack of any attempt to use a small can to service would be required to either seek alternative. EPA responds that the other small household appliances. certification under section 609 or take regulations at § 82.154(c)(1)(x) as Larger appliances that use HFC–134a their car to a technician to be serviced. revised in this action include any non- that are not hermetically sealed, like a EPA estimates that the cost associated exempt substitute refrigerant that is reach-in , would need more than with those two actions could be as intended for use in an MVAC. one small can to fully charge the much as $1.5 billion per year. In the Therefore, small cans of HFO–1234yf appliance. Because of the cost and the short term, EPA has concluded that and HFC–152a would be exempt from added effort to use multiple small cans requiring small cans of refrigerant to the sales restriction but also have the to charge a larger appliance, it is not have self-sealing valves is an effective same requirements for unique fittings practical for someone to use a small can. mechanism for controlling the release of and self-sealing valves under section This would likely lead the person to refrigerant to the atmosphere by DIYers 608. As discussed previously in this purchase a larger container of from the can of refrigerant. In the longer notice, HFO–1234yf cannot currently be refrigerant, which would require that term, the transition to new MVAC sold in small cans because a submission the person be a certified technician. refrigerants will reduce emissions of has not yet been made to SNAP for a Commenters, including CARB, high GWP refrigerants from DIY unique fitting for small cans of HFO– supported the use of CARB’s standards. servicing at little to no cost for DIYers. 1234yf. This action under section 608 One commenter representing the EPA has estimated that the does not prohibit the sale of any MVAC manufacturers of small cans noted that requirement for self-sealing valves on refrigerant alternative in a small can; this standard was developed in a small cans of refrigerant will reduce however, refrigerants must be listed as cooperative effort between CARB and refrigerant emissions by 0.657 acceptable or acceptable subject to use the refrigerant industry and that the MMTCO2eq. per year compared to the conditions for MVAC and unique procedures described in the standard current status. Self-sealing valves fittings for small cans must be have been used since 2010 to certify prevent emissions of the gas remaining established under section 612 of the small cans sold in the California market. in the can after the system is fully filled. CAA prior to use19. The commenter also stated that Currently, if a system takes 1.5 cans to Small cans of refrigerant sold for adopting the California standard would fill, the DIYer will have no choice but MVAC servicing are different from also allow for a quicker transition to to allow the extra 0.5 can to be released containers of refrigerant sold for cans with self-sealing valves, while to the environment after detaching it. stationary refrigeration and air- development and adoption of a new Furthermore, because self-sealing valves conditioning in that the small cans for standard would require a longer allow individuals to store and re-use the MVAC are required to have unique transition time and therefore, EPA same can of refrigerant, there may be fittings. The SNAP program requires as should provide a later compliance date. less need to buy additional small cans. a use condition for MVAC refrigerants EPA agrees with the commenters and CARB has claimed benefits of 0.25–0.47 that the container and the MVAC system has determined that the establishment MMTCO2eq for their small can program use unique fittings to prevent cross- of the standard in appendix E, which is in 2020. However, because their contamination. If used properly, the based on CARB’s Test Procedure for program includes more than just self- unique fittings will not allow for the Leaks from Small Containers of sealing valves (e.g., refundable introduction of HFC–134a refrigerant Automotive Refrigerant, TP–503, is deposits), the benefits are not directly into a system using any other appropriate. This provides for one comparable. CARB has noted a refrigerant, including CFC–12, HFO– uniform standard across the nation, thus reduction in sales of small cans of 1.1 1234yf, or another approved substitute simplifying compliance and avoiding million to 1.9 million cans, which they refrigerant. Using an adapter or potential burdens associated with attribute to the effectiveness in the deliberately modifying a fitting to use a complying with two different standards, valves and the displacement of new different refrigerant is a violation of the one in California and another in the rest purchases by later use of the remaining SNAP use conditions. Unique fittings of the country. No commenter identified heel. will also reduce the likelihood that a any other standard for self-sealing EPA received one comment from a valves. EPA is finalizing the provisions chemical manufacturer stating that they 19 ‘‘Use’’ is defined at 40 CFR 82.172 to include in the newly created appendix E would support the continued sale of ‘‘use in a manufacturing process or product, in consumption by the end-user, or in intermediate without any changes from the proposal. small cans without self-sealing valves uses, such as formulation or packaging for other EPA requested comment on whether but limit those sales to certified subsequent uses.’’ the final rule should exempt the sale of

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HFC–134a only or of all MVAC prohibited under the prior regulations. EPA projects that the GWP-weighted substitute refrigerants in small cans. One-time expansion devices, by design, amount of refrigerant contained within One commenter responded that the release their refrigerant charge to the MVACs and small appliances in use in exemption should apply to all environment in order to provide a 2015 was more than 260 MMTCO2eq refrigerants for use in MVAC and cooling effect. Examples include self- and 175 MMTCO2eq, respectively. This MVAC-like appliances because the chilled beverage containers that must be constitutes 12 and 8 percent, rationale applies equally to other MVAC disposed of or recycled after each use, respectively, of the total GWP-weighted refrigerants. The minimal leakage and as well as reusable containers. EPA is amount of refrigerant contained within venting from small cans of other finalizing minor edits to this prohibition all appliances in the United States in refrigerants is relatively the same as that reference the list of exempt 2015. On an ODP-weighted basis, EPA from small cans of HFC–l34a, and the refrigerants as proposed. EPA did not estimates that more than 1,400 ODP- commenters know of no technical receive any comments on this provision. weighted metric tons of refrigerant were reason why a self-sealing valve could contained within small appliances in D. Revisions to the Safe Disposal not be created for those cans also. EPA 2015, representing 5 percent of the Provisions in § 82.155 appreciates the commenters’ support for refrigerant contained within all the proposal to apply the exemption to 1. Background appliances in the United States. While all MVAC substitute refrigerants. EPA is In the 1993 Rule, EPA established EPA projects that these amounts will finalizing the exemption as proposed. It specific requirements for the safe decrease over time as zero-ODP and will apply to all MVAC substitute disposal of small appliances, MVACs, low-GWP substitute refrigerants refrigerants, except those exempt from and MVAC-like appliances containing penetrate the market, the need for robust the venting prohibition. EPA also notes ODS refrigerant since they typically safe disposal requirements remains that refrigerants for use in MVAC-like enter the waste stream with the because these appliances are used for a appliances are not exempt from the refrigerant charge intact. Under the prior long time. One commenter agreed, sales prohibition, consistent with EPA’s rules at § 82.156(f), persons who took noting that forty percent of the approach to MVAC-like appliances the final step in the disposal process of refrigerators sent to their recovery historically. Under section 609, such appliances had to either recover facility were manufactured prior to 1993 technician certification is required only any remaining refrigerant in the and contain CFCs. when a person is servicing an MVAC appliance or verify that the refrigerant One commenter approves of the clear system for consideration whereas has previously been recovered from the signal that the rule sends for appliances MVAC-like appliances must always be appliance or shipment of appliances. If containing exempt refrigerants. serviced by a certified technician. they verified that the refrigerant has However, this commenter asks how a been recovered previously, they had to recipient of a component of such an 4. Servicing Apertures and Process appliance for disposal would be aware Stubs retain a signed statement attesting to this or a contract from the supplier of that the subpart F requirements do not EPA is finalizing revisions that the appliances for three years. While apply to that component. EPA responds require that new appliances containing recovery equipment used to remove the that the only likely exempt refrigerant in a non-exempt substitute refrigerant refrigerant had to be certified under that scenario is a small appliance (including a used non-exempt substitute § 82.158, persons recovering the containing a flammable refrigerant. As refrigerant) have a servicing aperture or refrigerant at disposal did not need to be required under the SNAP use process stub to facilitate the recovery of certified technicians. conditions, the component would have refrigerant at servicing and disposal. markings such as red tubing or a Including these design features on 2. Extension to Substitute Refrigerants warning label that would distinguish appliances containing such substitutes EPA is extending the preexisting safe that component from other components. facilitates compliance with the section disposal provisions previously found at The labels must be placed on the 608(c) prohibition against the venting, § 82.156(f) for small appliances, outside of the appliance, on the inside release, or disposal of substitute MVACs, and MVAC-like appliances of the appliance near the compressor, on refrigerants into the environment. These containing ODS refrigerants to the same or near any evaporators that can be access points allow for the proper types of appliances that contain non- contacted by the consumer, near the evacuation or recovery of substitute exempt substitute refrigerants. machine compartment, and near any refrigerant, preventing releases to the Generally, commenters support EPA’s and all exposed refrigerant tubing. atmosphere in the course of proposal and agree with EPA’s rationale. maintaining, servicing, repairing, or 3. Clarifications to the Existing Program Commenters who stated that EPA does disposing of the appliance. Without The safe disposal regulations require not have authority to extend section 608 these access points, it would be harder actions of three separate groups of regulations to substitutes were silent on for persons maintaining, servicing, people: The final processor, the supplier the specific issue of the safe disposal repairing, or disposing of such of appliances for disposal, and the provisions. A fuller and more general appliances to properly evacuate the person who recovers the refrigerant. The discussion of the authority for this refrigerant in accordance with final processor is the person who takes action is found in Section III of this § 82.156(b). For example, these access the final step in the disposal process, notice. points provide the person disposing of Safely disposing of both ODS and an appliance the opportunity to and refrigeration. The model uses information on substitute refrigerant in small properly remove the refrigerant prior to the market size and growth for each of the end-uses, appliances, MVACs, and MVAC-like crushing or shredding and thus avoid a as well as a history and projections of the market appliances is important for the transition from ODS to alternatives. The model knowing release. EPA did not receive environment and public health. tracks emissions of annual ‘‘vintages’’ of new comments on this provision. The equipment that enter into operation by According to EPA’s Vintaging Model,20 manufacture or import of one-time incorporating information on estimates of the quantity of equipment or products sold, serviced, expansion devices that contain any 20 EPA’s Vintaging Model estimates the annual and retired or converted each year, and the quantity refrigerant (ODS or non-ODS), other chemical emissions from industry sectors that have of the compound required to manufacture, charge, than exempted refrigerants, was historically used ODS, including air-conditioning and/or maintain the equipment.

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typically a scrap recycler or EPA is also clarifying the format that the situation where the entire operator. Final processors may receive the records required under this section refrigeration circuit has been removed appliances with a charge or without a may take. In general, where the from the appliance prior to delivery. charge. The supplier is the person regulations in subpart F require an Applicability determination number dropping off the appliance (or shipment individual to maintain records, the C040001 pertains to (1) receipt of an of appliances) for disposal. The person Agency intends for them to do so either appliance in which some components of who recovers the refrigerant may be the in an electronic or paper format, the refrigerant circuit have been final processor, the supplier, or a preferably in an electronic system. EPA removed; (2) receipt of portions of the separate third entity. EPA is finalizing is clarifying this point explicitly in the refrigerant circuit (e.g., compressor); (3) as proposed regulatory text to help recordkeeping provision at § 82.155(c). receipt of an appliance in which the clarify the different actors. One commenter stated that the new entire refrigerant circuit has been Refrigerant may be recovered at any § 82.155 will remain unclear if EPA removed; and (4) receipt of an appliance stage in the disposal process, even prior does not review the relevant which has previously been through a to the supplier taking possession. As applicability determinations for process in which refrigerant would have EPA stated in the 1993 Rule, ‘‘the potential inclusion in the regulatory been released or recovered. supplier to the final processor does not text. EPA responds that applicability EPA’s determinations in 1993 and have to remove the refrigerant but then determinations are only applicable to 1996 were that the first two situations must assure, through an accompanying the person requesting the determination would be subject to the safe disposal certification, that refrigerant has been from EPA. However, in response to the regulations and the third and fourth removed earlier in the disposal chain. comment, EPA has reviewed and is situations would not be. Any equipment Any copies of the certificate of removal incorporating information from specific that contained refrigerant is subject to provided to the supplier could be applicability determinations into the the safe disposal requirements. This passed on to the final processor.’’ (58 FR regulatory text where the Agency finds includes a complete appliance with an 28704–28705). EPA’s intent has been to it will increase clarity to the industry as intact refrigerant circuit, an appliance provide the flexibility needed to permit a whole. with a broken refrigerant circuit such as the recovery of refrigerant by the entity Two applicability determinations one with a component removed, or a in the disposal chain that can address the situation where refrigerant single component that would contain accomplish that task most efficiently has leaked out of an appliance prior to refrigerant in an appliance. In all such while at the same time establishing a arriving at the final disposer. instances the intent of the safe disposal mechanism to help ensure that the Applicability determination number program—to verify that the refrigerant refrigerant has not simply been illegally 608–8 addresses whether a verification was recovered properly—still applies. vented. This flexibility is important for statement is needed where all of the Consistent with these determinations, the disposal sector, which is highly refrigerant has already leaked out due to EPA interprets its regulations such that diverse and decentralized. This signed a break in the refrigerant circuit. items that have had the entire certification serves both goals. Applicability determination number refrigerant circuit removed, such as the EPA is revising the regulations to 608–9 addresses whether the term outer housing of an air conditioner or clarify what must be in the contract leaked out includes instances in which the structural shell of a refrigerator, are stating that refrigerant will be removed the line has been cut prior to the not subject to the safe disposal prior to delivery. EPA is replacing the delivery of the appliance. EPA’s regulations, as these items do not meet word ‘‘remove’’ which appears determination in 1993 was that if all the the definition of appliance. Similarly, repeatedly in these provisions with refrigerant has leaked out, the signed shredded material, baled scrap, or ‘‘properly recover.’’ These revisions statement need not contain the name crushed cars are not subject to the safe clarify the provisions’ intent that the and address of the person who disposal regulations. The person refrigerant is recovered to the required performed the recovery as no such responsible for compliance with the safe evacuation levels using the appropriate person exists. The signed statement disposal regulations is the entity equipment. EPA is also stating explicitly must, however, clearly state that all the upstream that conducted the final that the contract should provide that the refrigerant in the appliance had already processing where the appliance was supplier of the appliances is responsible leaked out. EPA also determined that shredded, crushed, flattened, baled, or for recovering any remaining refrigerant ‘‘leaked out’’ means those situations in otherwise demolished and where the or verifying that the refrigerant has which the refrigerant has escaped refrigerant would have been previously already been evacuated. As discussed in because of system failures, accidents, or recovered in accordance with the the 1993 Rule, the supplier to the final other unavoidable occurrences not regulations. processor does not have to remove the caused by a person’s deliberate acts or 4. Hazardous Wastes refrigerant but must assure, through negligence, such as deliberately cutting accompanying certifications, that the refrigerant lines. Scrap processors may One commenter requested that EPA refrigerant has been removed earlier in accept appliances whose lines have exclude hydrocarbon refrigerants that the disposal chain. been cut as long as they obtain a signed are vented from the definition of EPA notes here that a contract is statement from the supplier. This . The commenter appropriate for businesses to streamline includes appliances that have been reacted to a discussion in the proposed transactions in cases where they vandalized. EPA is incorporating rule that household appliances maintain long-standing business information from these determinations containing a hydrocarbon refrigerant relationships. A contract would be into the regulatory text at would be exempt as a household entered into prior to the transaction, § 82.155(b)(2)(iii). hazardous waste under the federal such as during the set-up of a customer Two applicability determinations hazardous waste regulations at 40 CFR account, not simultaneously with the address whether the verification 261.4(b)(1) (although States may have transaction. A signed statement is more statements are needed for appliances more stringent regulations) and appropriate for one-off transactions that arrive at the final processor in therefore, could generally be vented between the supplier and the final various conditions. Applicability upon disposal under both RCRA and processor. determination number 608–8 pertains to CAA regulations. The commenter notes

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that a household-type appliance may 2. Extension to Substitute Refrigerants refrigerants. Technicians opening small also originate from institutional and EPA is finalizing revisions in this appliances for service, maintenance, or commercial settings and therefore action that extend the existing repair are required to use equipment would not qualify for the household requirements at § 82.156 to appliances certified either under appendix B, based waste exclusion under RCRA. containing non-exempt substitute on AHRI 740, or under appendix C, Method for Testing Recovery Devices for EPA responds that these refrigerants refrigerants. Therefore, before Use with Small Appliances, to recover may be subject to regulation as appliances containing non-exempt hazardous waste, with the exception of the refrigerant. substitute refrigerants are opened for Technicians using equipment refrigerants that are directly reused. The maintenance, service, or repair, the certified under appendix B have to pull Agency did not propose to amend the refrigerant in either the entire appliance a four-inch vacuum. Technicians using regulations issued under RCRA in the or the affected part (when it can be equipment certified under appendix C proposal to this final action and has not isolated) must be transferred to a system have to capture 90 percent of the undertaken the analysis to do so at this receiver or to a certified recovery and/ refrigerant in the appliance if the time. This comment is also outside the or recycling machine. The same compressor is operational, and 80 scope of this rulemaking, which relates requirements apply to appliances that percent of the refrigerant if the to regulations under section 608 of the are to be disposed of, except for small compressor is not operational. Because CAA, not to regulations under RCRA. appliances, MVACs, and MVAC-like the percentage of refrigerant recovered 5. Restructuring and Edits for appliances, which have separate is very difficult to measure on any given Readability requirements. job, technicians would have to adhere to Generally, commenters were the servicing procedure certified for that EPA is creating a single section, supportive of EPA’s proposal and agreed recovery system under appendix C to § 82.155, for all safe disposal provisions, with EPA’s rationale. Commenters who ensure that they achieve the required including the recordkeeping and stated that EPA does not have authority recovery efficiencies. reporting requirements. One commenter to extend section 608 regulations to One commenter specifically supported moving the refrigerant substitutes were silent on the specific expressed support for extending the recovery requirements for small issue of evacuation requirements. EPA evacuation requirements to small appliances, MVACs, and MVAC-like addresses general comments about its appliances charged with non-exempt appliances into a single section. The authority for this action in Section III of substitutes but not to small appliances commenter suggested the section be this notice. containing exempt refrigerants. The titled ‘‘Safe Disposal of Refrigerant’’ i. Evacuation Levels for Appliances commenter notes that the technician rather than ‘‘Safe Disposal of Other Than Small Appliances, MVACs, would be required to use appropriately Appliances’’ as they stated that the CAA and MVAC-Like Appliances certified equipment to recover the does not contain the concept of safe refrigerant. EPA did not propose to disposal of appliances. While it is true EPA is finalizing revisions to require the recovery of exempt that section 608(c) is concerned with the § 82.156(a) such that appliances other refrigerants and agrees that it would not entry of refrigerants into the than small appliances, MVACs, and be appropriate to finalize such a environment, it addresses such releases MVAC-like appliances containing non- requirement in this rule, as the venting in the context of ‘‘disposing of an exempt substitute refrigerants must be prohibition does not apply to these appliance.’’ EPA disagrees that it is evacuated to the levels established for substances. necessary to change the name of the CFCs and HCFCs with similar saturation EPA is also revising § 82.156(b) to section. However, EPA has reorganized . These levels are based on the establish the same evacuation the section to put up front the general saturation pressures of the refrigerant, requirements for disposing of small requirement that refrigerant be which is a characteristic independent of appliances that are charged with non- evacuated from appliances before whether or not the refrigerant is an exempt substitute refrigerants as describing the requirements of the final ozone-depleting substance. As is the currently exist for small appliances processor. case for CFCs and HCFCs, the charged with ODS refrigerants. Small appropriate evacuation levels for HFCs appliances must have 80 or 90 percent E. Revisions to the Evacuation and other substitutes depends upon the of the refrigerant in them recovered Requirements in § 82.156 size of the appliance and the date of (depending on whether or not the 1. Background manufacture of the recovery and/or compressor was operational) or be recycling equipment. EPA did not evacuated to four inches of Under EPA’s existing regulations at receive comment expressing any vacuum. § 82.156(a), ODS refrigerant must be technical concerns with extending the EPA is also finalizing revisions to the transferred to a system receiver or to a evacuation requirements to substitute regulations to simplify the evacuation certified recovery and/or recycling refrigerants. Some commenters stated requirements for small appliances so machine before appliances are opened that they currently treat ODS and HFC that they are the same for both servicing for maintenance, service, or repair. The appliances in the same manner, and disposal. This new provision same requirement applies to appliances including the level of evacuation. applies to both ODS and non-exempt that are to be disposed of, except for substitute refrigerants. Prior to this small appliances, MVACs, and MVAC- ii. Evacuation Levels for Small rulemaking, a technician servicing a like appliances which were subject to Appliances small appliance containing an ODS separate requirements under § 82.156(g) EPA is finalizing revisions to needed to only recover 80 percent of the and (h). To ensure that the maximum § 82.156(b) to establish the same refrigerant when using recovery amount of refrigerant is captured rather evacuation requirements for servicing equipment manufactured before than released, EPA requires that air- small appliances charged with non- November 15, 1993. At the same time, conditioning and refrigeration exempt substitute refrigerants as had there was no established level of appliances be evacuated to specified previously existed only for small evacuation in the disposal requirements levels of vacuum. appliances charged with ODS when using pre-1993 recovery

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equipment. EPA is allowing that 80 disposal of appliances with a full charge refrigerant. The estimates individuals percent level of evacuation for disposal of more than five and less than 50 offered were generally between 10 to 30 to simplify and unify the requirements. pounds of either ODS or non-exempt percent, with the caveat that recovery is This revision will have minimal effect substitute refrigerant. Most appliances much more common in the refrigeration as few people continue to use recovery this size are disassembled in the field industry than the air-conditioning equipment manufactured prior to that and as such must have the refrigerant industry. EPA also receives numerous date. recovered in the field. EPA is requiring tips each year of someone cutting One commenter stated that there records that document the name of the refrigerant lines to quickly and illegally should not continue to be separate company that employs the technician, dispose of appliances of this size. This evacuation levels for recovery the location of the appliance being feedback indicates a likelihood that equipment manufactured before 1993. disposed of, the date of recovery, and venting regularly occurs. This commenter saw such equipment the type of refrigerant removed from At times, including in public fora being used only rarely and only to avoid each appliance prior to disposal. The such as the public meeting in November the deeper evacuation requirements. technician who evacuated the 2014, stakeholders have requested that This commenter also stated that pulling refrigerant, or the company employing EPA increase enforcement of the venting a 4-inch vacuum on a small appliance that technician, must also maintain prohibition. At that meeting, some is not equal to 80 percent refrigerant records indicating the quantity and type stakeholders indicated that technicians recovery. EPA responds that the of refrigerant transferred for will knowingly and illegally vent proposal explicitly stated that EPA was reclamation, the company that they refrigerant if they think EPA will not not proposing to amend the required transferred the gas to, and the date of bring an enforcement action. Multiple levels of evacuation in Table 1, change the transfer. The technician, or the commenters urged the Agency to do a the circumstances that would allow for company employing the technician, better job of enforcing the venting alternate evacuation levels, or to revise would be required to maintain these prohibition. This request came from a those alternate levels. EPA understands records for three years. By company broad cross section of the air the concerns raised by the commenter, employing the technician, EPA means conditioning and refrigeration but removing the older evacuation the person paying the technician’s community including refrigerant levels at this time is beyond the scope salary or wage, not the appliance owner reclaimers, recycling and recovery of this rulemaking. or operator who has hired the equipment certifiers, and appliance manufacturers and distributors. Some of iii. Evacuation Levels for MVACs and technician for that specific service. The finalized regulations have one change these comments stated that good actors MVAC-Like Appliances compared to the proposal: EPA is not who comply with the law are placed at Technicians repairing or servicing requiring records indicating the amount a competitive disadvantage by entities MVACs for consideration and MVAC- and type of refrigerant recovered from who can operate more cheaply by like appliances containing an ODS or a each separate appliance but rather the skipping the required recovery practices non-exempt substitute refrigerant are total amount and types recovered from and choose instead to illegally vent subject to the requirement to ‘‘properly all appliances disposed of in each refrigerant. use’’ (as defined at § 82.32(e)) servicing calendar month. As described in more The Agency has recently brought equipment approved pursuant to detail below, this modification from the successful cases against individuals § 82.36(a). All persons recovering proposed revision was made after who have illegally vented refrigerant. refrigerant from MVACs and MVAC-like consideration of public comments. However, the availability of the records appliances for purposes of disposal of Comments in support of this proposed required under this provision would these appliances must reduce the recordkeeping requirement agreed with enhance the Agency’s ability to enforce system pressure to or below 102 mm of EPA’s goal of improving the the venting prohibition because these mercury vacuum or use refrigerant enforceability of the venting records could be used to demonstrate recycling equipment dedicated for use prohibition. One commenter stated that whether or not refrigerant has been with MVAC and MVAC-like appliances EPA’s rationale to improve compliance recovered and sent for reclamation. If approved pursuant to § 82.36(a). The with the venting prohibition and refrigerant cannot be accounted for, a proposed rule incorrectly extended the facilitate enforcement against those who company or technician may not be able MVAC servicing requirement to all do vent is insufficient and not to show that they complied with the persons, not just those servicing MVACs adequately supported in the record. venting prohibition. for consideration. EPA has revised the Another commenter believes that Some commenters who objected to final rule to properly distinguish venting is not as prevalent as EPA this proposal stated that EPA did not between the two. thinks it is and that to the extent that provide sufficient justification and that EPA received a comment that section it does occur, it is done by individuals EPA underestimated the burden to 608 of the CAA does not apply to who are not certified technicians. technicians. EPA responds that it is MVACs. As discussed above in Section EPA responds that the Agency has reasonable to require technicians and III of this notice, section 608(c) provides heard from people throughout the the companies employing technicians to EPA authority to regulate the disposal of HVAC/R industry that venting regularly maintain records of the amount of MVACs, which are a type of appliance. happens in appliances with more than refrigerant that they recover and send With respect to disposal of MVACs, this 5 and less than 50 pounds of refrigerant. for reclamation to enhance compliance final rule, like the prior regulations, One commenter to this rule who with and enforceability of the venting only specifies evacuation levels for such regularly addresses contractor and prohibition. There is a significant appliances when they are disposed. service technician groups hears from environmental benefit to ensuring that them that the venting prohibition is ODS and HFC refrigerant are recovered 3. Records for Disposal of Appliances widely disregarded. At a recent meeting from existing appliances of this size at With a Charge of More Than 5 and Less EPA attended with air-conditioning and the time of disposal. Using EPA’s Than 50 Pounds refrigeration contractors, an industry Vintaging Model, EPA estimated the EPA is adding new recordkeeping speaker asked attendees what number of appliances in this size requirements at § 82.156(a)(3) for the percentage of technicians recover category that are disposed of annually,

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the full charge of those appliances, and of appliances is likely to be disposed of least 100 pounds of refrigerant per year the type of refrigerant they contain. EPA in a given year. from small appliances. This commenter estimates that 7.3 million appliances of EPA has considered ways to minimize also suggested less detailed records be this size, with a total charge of 27,300 the burden to technicians in light of kept in such instance, specifically (1) MT of refrigerant, are disposed of commenters’ concerns. EPA is the quantity of refrigerant recovered annually. This is equal to 960 ODP- modifying the final rule so as to require monthly, (2) the number of units weighted metric tons and 49.5 records that are generated through disposed of, and (3) the name of the MMTCO2eq. This represents 45 percent normal operations in the field. certified reclaimer to whom they of the total amount of ODS and HFC Therefore, EPA is removing the transferred the recovered refrigerant. refrigerants contained within all requirement to determine the amount of EPA disagrees that extending this appliances from all size categories that refrigerant recovered from each requirement to small appliances is are disposed of annually. appliance. Entities would not be necessary. Certification and EPA’s benefits assessment for the required to weigh cylinders or otherwise recordkeeping requirements currently proposed rule did not calculate any calculate how much refrigerant they exist for the disposal of small additional emissions reductions because recovered at each and every site, which appliances. These records are held by the existing regulations already require was the most time consuming element the final disposer, who is best suited to recovery when appliances are disposed. of the proposed recordkeeping maintain them. In addition, EPA does However, in practical terms, requiring a requirements. Instead, EPA’s goals can not require that small appliances be record from each disposal event may be achieved by requiring records of the evacuated by a certified technician drive more technicians to comply with amount recovered in each calendar when being disposed of. the venting prohibition because the month. This way, recovery cylinders Two commenters suggested that EPA recordkeeping requirement places extra can be weighed less frequently and at a extend the recordkeeping requirement emphasis on the prohibition and on the centralized location or recovery to appliances containing more than 50 risks of violating it. Even slight cylinders can simply be tallied if the pounds as well. One of the commenters improvements to compliance could amount of refrigerant in them is known. was concerned that contractors who One commenter encouraged EPA to produce substantial environmental collect from both smaller 5–50 pound consider exempting residential systems benefits. and larger 50-plus pound appliances from the recordkeeping requirements would have to separate or otherwise Another commenter stated that some due to the nature of their servicing. EPA distinguish between what was recovered IPR facilities may have hundreds or responds that this recordkeeping from each when transferring their even a thousand of these smaller 5–50 requirement does not apply to regular refrigerant to a reclaimer. EPA finds that pound appliances and that requiring servicing, only disposal, which occurs it would not be necessary to distinguish additional tracking or recordkeeping much less frequently. between these two size categories. A would be unnecessary and overly A couple of commenters requested single record of all refrigerant burdensome. Furthermore, the clarification of who must maintain transferred for reclamation is sufficient commenter continued, because industry records. One commenter did not because EPA is not requiring an has the burden of proof that it is in support this requirement because they accounting of all recovered refrigerant compliance with the venting believed it would require records be as it moves through the market. prohibition, industry has established kept by homeowners. Another After consideration of these basic recordkeeping that can meet the commenter suggested that third-party comments, EPA is requiring records that intent of this rule without requiring collection sites not have recordkeeping are regularly generated by technicians or additional or duplicative information. A requirements so as to not discourage companies recovering refrigerant while couple of commenters similarly noted wholesalers and storefronts from serving disposing of appliances as a practical that it is good business practice to in the collection chain. way to improve the Agency’s ability to recover refrigerant from such units prior EPA responds that the recordkeeping enforce the venting prohibition without to disposal. requirements finalized for this provision imposing an undue burden on regulated EPA responds that the incentive to apply solely to the company employing entities that are already complying fully illegally vent may be less if the owner the technician (or to the technician, if with the venting prohibition. To avoid has hundreds of appliances or uses in- operating independently) who is imposing an undue burden on good house technicians. In that situation, it disposing of the appliance in both actors, especially out in the field where may be good business practice to commercial and residential settings. there may already be pressure to cut recover refrigerant from a system being This could be the owner or operator of corners, EPA is not finalizing the disposed of because that refrigerant can the appliances or it could be a proposed requirement that records be be reused in that owner’s other contractor who is hired to dispose of the kept of how much refrigerant is appliances. The desire to fit more appliance. When that company transfers recovered from each appliance. service calls into a day is also perhaps the refrigerant for reclamation they may Weighing or otherwise calculating the less when using in-house personnel. have to receive records from other amount of refrigerant recovered at each However, in cases where a technician is entities (such as reclaimers or third- job site could increase burden of these getting paid by the job, there is an party collection sites) but those requirements by consuming additional economic incentive to minimize the receiving refrigerant are not obligated to time. time spent at each job-site which could maintain any records themselves. EPA include venting refrigerant. EPA is not requiring any recordkeeping by 4. Clarifications and Edits for disagrees that such facilities will require the owners of the appliance unless the Readability burdensome new tracking and owner of the appliance and the As proposed, EPA is moving the recordkeeping. While a facility may employer of the technician are the same provisions that were found in § 82.156 have many appliances, the records that entity. ‘‘Required Practices’’ in the prior rules EPA is requiring in this rule are only One commenter suggested that EPA into three separate sections: § 82.155 to necessary once—upon disposal—and extend the proposed recordkeeping address the safe disposal of small only a small subset of the total number requirements to those who collect at appliances, MVACs, and MVAC-like

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appliances; § 82.157 to address to low-GWP and low-charge Multiple commenters requested that appliance maintenance and leak repair refrigeration appliances; reports from EPA define owner/operator and one for appliances containing 50 or more facilities regulated under California’s commenter requested that EPA clarify pounds of refrigerant; and § 82.156 to Refrigerant Management Program; and who is responsible if the owner is address the proper evacuation of feedback from stakeholders prior to different from the operator. EPA refrigerant from appliances. These publishing the proposed rule. The responds that the Agency is not defining provisions tend to affect different revised leak repair provisions in this owner or operator because these terms stakeholders so separating them into action will reduce refrigerant releases of are widely understood in the public and different sections will make the required ODS and non-exempt substitute regulated community. If the owner and provisions easier to find. refrigerants by ensuring effective repairs the operator are separate entities, both and ongoing monitoring of leaking are responsible for complying with the F. Revisions to the Leak Repair systems. applicable leak repair provisions. EPA Requirements in § 82.157 notes that the owner of the system 2. Restructuring and Edits for chooses the operator of the system, or 1. Background Readability A central component of EPA’s passes that responsibility to someone The regulatory text has been modified else (e.g., a tenant in a building may be longstanding program to properly several times since EPA first established manage ODS refrigerants is the provided authority to operate an air the program in 1993. The regulation conditioning system even though that requirement to repair leaking appliances now contains numerous cross-references tenant does not own the building or the within 30 days of determining that a to other provisions in § 82.156(i), air conditioning system). EPA does not certain leak rate has been exceeded. making the requirements difficult to want to hinder the ability of the owner Owners and operators of appliances follow and in some places potentially and operator of the system to make the normally containing 50 or more pounds leading to differing interpretations. decision as to who would be responsible of ODS refrigerant must repair their Many important provisions are not for complying with these requirements, appliances if they leak above a certain readily apparent, such as the primary and, therefore, the Agency has rate or take other actions to reduce the requirement that repairs must occur maintained the existing language that emissions such as retrofitting, retiring, within 30 days, which appears places responsibility for such or mothballing the appliance. Under the explicitly only at the end of the leak compliance with requirements on both prior regulations, the leak rate at or repair requirements at § 82.156(i)(9). parties. above which action was required was 35 Therefore, EPA has rewritten the The existing regulations also percent for commercial refrigeration regulation and moved the provisions to inconsistently described the leak repair appliances and IPR and 15 percent for a single new section of the Code of requirements as applying to appliances comfort cooling and other appliances. If Federal Regulations (CFR) to make it with ‘‘50 or more pounds’’ or ‘‘more the attempt to repair failed to bring the easier for stakeholders to locate and than 50 pounds’’ of refrigerant. The appliance’s leak rate below the understand the requirements. proposed revisions consistently use ‘‘50 applicable leak rate within that time EPA recognizes that changing the text or more pounds of refrigerant.’’ EPA frame, the owner or operator must so significantly may make stakeholders received a comment from CARB that the develop a retrofit or retirement plan and who are familiar with the existing California regulations are based on implement it within one year of the requirements wonder how these EPA’s ‘‘more than 50 pounds,’’ but plan’s date. Owners or operators also revisions affect their current compliance CARB stated they can address any had the option of developing a retrofit monitoring systems and protocols. EPA potential inconsistencies created by this or retirement plan within thirty days of emphasizes that the Agency did not revision. As such, EPA is finalizing identifying that the leak rate has been intend to alter the substance of the consistent use of the phrase ‘‘50 or more exceeded. Owners or operators of IPR or requirements while restructuring except pounds of refrigerant’’ in the revised federally owned appliances may have where specified. EPA discusses the regulations. more than 30 days to complete repairs intended amendments to the and more than one year to retrofit requirements in this section of the 3. Extension to Substitute Refrigerants appliances where certain conditions notice. In general, commenters were EPA proposed to extend the leak applied (e.g., equipment located in areas supportive of EPA’s efforts to rewrite repair provisions previously found at subject to radiological contamination, and simplify the leak repair provisions. § 82.156(i) to appliances containing unavailability of necessary parts, and To avoid both ambiguity and non-exempt substitute refrigerants. EPA adherence to local or state laws that may cumbersome language throughout, EPA is finalizing this extension in the hinder immediate repairs). The full establishes from the outset in § 82.157(a) revised leak repair regulations (now suite of the prior requirements are found that the provisions of § 82.157 apply to found at § 82.157). As such, the other at § 82.156(i). owners and operators of all appliances provisions related to leak repair and EPA recognizes that refrigeration and containing 50 or more pounds of maintenance finalized in this rule (e.g., air-conditioning equipment often do refrigerant, unless otherwise specified. verification tests, reporting by chronic leak. This is particularly likely for larger One commenter stated that EPA should leakers, etc.) apply to appliances and more complicated appliances like clarify throughout the rule whether the containing ODS and non-exempt those subject to the subpart F leak repair owner/operator or the technician is substitute refrigerants as well. provisions. However, leaks from such responsible. EPA responds that the final Consistent with discussions elsewhere appliances can be significantly reduced. rule makes clearer that the owner or in this notice, EPA is not extending Multiple factors support this operator is responsible for conducting these requirements to appliances using conclusion. Concrete evidence that the leak inspection or repairing the substitute refrigerants in a specific end- leaks can be significantly reduced appliance even when it is the technician use for which the substitute refrigerant include experience with the GreenChill who will be performing those actions. used has been exempted from the program, an EPA partnership designed When a provision applies to technicians venting prohibition. These exemptions to encourage supermarkets to reduce or people servicing equipment, the are listed in the regulations at emissions of refrigerants and transition provision so specifies. § 82.154(a)(1). For example, these

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requirements would not be extended to which they would be liable for a results in reporting to EPA rather than water in any application, or to ammonia knowing release. automatic retirement of the appliance. in commercial or industrial process This rule also provides flexibility that Consideration of Costs refrigeration or in absorption units. will reduce the cost of complying with Extending the leak repair Based on the evidence discussed later, the existing regulations. For comfort requirements to non-exempt substitute the reported leak rate performance of cooling and commercial refrigeration refrigerants will lead to significant today’s comfort cooling, commercial appliances, EPA is allowing an environmental benefits because these refrigeration, and IPR appliances with extension to the 30-day repair substances pose a threat to the full charges of 50 or more pounds argues requirement if the arrival of a part is environment when released. Like ODS, for lowering the leak rates. The evidence delayed, recognizing that the short HFCs and PFCs also have the ability to discussed later demonstrates that the additional time needed for delivery of a trap heat that would otherwise be leak rates of 35 percent for IPR and part can result in a nearer-term and less radiated from the Earth back to space. commercial refrigeration and 15 percent costly emission reduction than a retrofit. This ability gives both HFCs and PFCs for comfort cooling are considerably EPA is also allowing an extension to relatively high GWPs. The 100-year above the ‘‘lowest achievable level of implement a retrofit or retirement for GWPs of saturated HFCs used as emissions’’ envisioned in CAA section any appliance that transitions to a non- refrigerants range from 124 (for HFC- 608(a)(3)(A). exempt substitute refrigerant. 152a) to 14,800 (for HFC–23), and the While section 608(a)(3) does not 4. Leak Inspections GWPs of PFCs used as refrigerants range require EPA to perform a cost-benefit The prior regulations at § 82.156(i) analysis to determine what leak rate(s) from 7,390 (for PFC–14) and higher. focused on actions an appliance owner HFC–134a, the most common individual would constitute the ‘‘lowest achievable or operator must take after discovering HFC used in air-conditioning and level of emissions,’’ in general, EPA has an appliance has a leak. EPA proposed refrigeration equipment, has a GWP of balanced the benefits from reducing to require annual or quarterly leak 1,430. See Section II.C.2 of this notice emissions of refrigerants with the costs inspections as a proactive maintenance for further discussion related to the of these requirements. EPA has practice depending on the type and size environmental effects of greenhouse determined that the costs are reasonable of the appliance. More specifically, EPA gases. given the significant benefits that accrue proposed to require that owners or In determining whether to exempt (both private in the form of cost savings operators of commercial refrigeration HFC and PFC refrigerants from the and public in the form of improved appliances or IPR normally containing venting prohibition in 2004, EPA health and environmental protection 500 or more pounds of refrigerant examined the potential effects of the from reduced GHG and ODS emissions). conduct quarterly leak inspections of refrigerant from the moment of release Specifically, EPA reviewed data from the appliance, including the appliance’s to its breakdown in the environment, the lowest-emitting equipment to gauge refrigerant circuit. Inspections would be considering possible effects on workers, technological feasibility and then annual for commercial refrigeration building occupants, and the reviewed other datasets, such as CARB appliances and IPR containing 50 environment. EPA concluded that the data and consent decree requirements, pounds or more but less than 500 release of HFCs and PFCs poses a threat to determine a reasonable set of pounds of refrigerant, as well as comfort to the environment due to their high requirements. EPA then assessed the cooling appliances and other appliances GWPs. For that reason, and because of costs and benefits associated with normally containing 50 or more pounds a lack of regulation governing the extending the existing requirements to of refrigerant. release of such refrigerants, EPA did not appliances using substitute refrigerants. The purpose of the proposed leak exempt the release of HFC or PFC EPA also assessed the tighter inspection requirement was to refrigerants from the statutory venting requirements applicable to appliances determine the location of refrigerant prohibition. Therefore, knowingly containing ODS or non-exempt leaks. This proposal was designed with venting or otherwise releasing into the substitute refrigerants such as lower Next Generation Compliance objectives environment of HFC and PFC leak rates, the requirement to repair in mind (see Section II.D.3). The Agency refrigerants during the maintenance, leaks once the applicable leak rate is anticipated that many appliance owners service, repair, or disposal of appliances exceeded, the requirement to conduct and operators would take action earlier remains illegal. The venting prohibition verification tests on all types of if leaks were identified because it is in focuses on knowing venting or release appliances, and periodic leak their financial interest to do so and during the maintenance, service, repair, inspections for appliances that had would reduce emissions and refrigerant or disposal of appliances and thus does exceeded the leak rates. costs. Repairing leaks earlier could also not account for all HFC (and PFC) Based on the comments received, EPA prevent that appliance from being refrigerant emissions. For instance, in considered ways to reduce the cost of pulled into the proposed regulatory previous rules we have not assumed these requirements, as compared to the requirements at § 82.157 for exceeding that emissions of HFCs that occur due proposal. These changes are discussed the applicable leak rate. EPA also to appliance leaks constitute knowing in full later in this section and include: proposed to allow owners or operators releases. However, as discussed Limiting periodic leak inspections to to forgo periodic leak inspections if they elsewhere in this rulemaking, EPA is appliances that have exceeded the installed and operated an automatic leak broadening its interpretation of what is applicable leak rate, rather than detection system that continuously considered a knowing release under requiring all appliances to be inspected; monitors the appliance for leaks. section 608(c) for purposes of appliance finalizing a leak rate for IPR of 30 Frequency of Leak Inspections. State leaks. In addition, the requirements to percent rather than 20 percent; allowing regulatory agencies and environmental calculate leak rates and monitor leaking greater flexibility for owners and organizations supported the proposed systems that EPA is finalizing in this operators to determine which leaks to requirement to conduct periodic leak action provide knowledge to appliance repair rather than requiring the repair of inspections. Two such commenters owners and operators and thereby all leaks; and modifying the proposed suggested that EPA require quarterly broaden the set of refrigerant releases for chronic leaker provision so that it leak inspections for systems with 200

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pounds or more to harmonize the leak significant—both for the environment requiring annual leak inspections inspection requirements with and for the owner/operator (in following a leak rate exceedance until California’s Refrigerant Management decreased refrigerant replacement the owner or operator can demonstrate Program. However, many other costs)—and do result in significant that the appliance has not exceeded the commenters expressed strong savings, which supports repair of leaks. applicable leak rate for one year. More opposition to mandatory quarterly or EPA appreciates the concern raised by frequent monitoring is important for annual leak inspections, asserting that commenters who question the value of larger commercial refrigeration requiring inspections of all appliances conducting leak inspections on appliances and IPR because those imposes unnecessary costs, especially appliances that are known to not be systems tend to have more leaks than for systems that are not leaking. Those leaking, or leaking at a low rate that comfort cooling appliances and because commenters estimated the cost of an would not trigger a requirement for the amount of refrigerant that would be inspection for a large supermarket could repair under the regulations. Periodic lost in a leak is generally greater for exceed $5,000. Another commenter leak inspections are a best practice those systems. stated that companies do not need a within the industry to reduce emissions In our view, and based on our review regulatory requirement to inspect and of refrigerants and the Agency continues of comments, limiting inspections to maintain their refrigeration equipment to recommend periodic leak inspections those appliances that are known to have and that since EPA did not require for all appliances as even well- leaked and triggered the repair repair of leaks identified in a leak maintained appliances might leak.21 requirements appropriately tailors the inspection for appliances that do not EPA did not quantify any benefits for leak inspection requirement to those exceed the applicable leak rate, there is systems that had a leak rate below the systems that are most likely to leak and not a reasonable relationship between applicable leak rate because the Agency provides important information about the proposed requirement and the goal did not propose that the leaks that were whether the leak repairs have held over of emissions reduction. One commenter discovered in those systems needed to the longer term. EPA is not finalizing stated that leak inspections are be repaired. While requiring proactive the proposed revision allowing for unnecessary, at least for chemical leak inspections would generally reduce annual leak inspections when manufacturing, because temperatures leaks because companies would find refrigerant has not been added to the and pressures must be maintained leaks and could repair them before the appliance for more than a year as EPA within tight tolerances for reactions to applicable leak rate was exceeded, EPA is not finalizing the periodic leak proceed. Furthermore, any changes in is not finalizing the periodic leak inspection requirement for systems that temperature and pressure would trigger inspections for all appliances, as are below the applicable leak threshold. an alarm or shutdown the process. proposed. Many of the specific As discussed later, EPA is finalizing the Other commenters expressed comments about timing of leak proposed revision allowing the use of qualified support for annual leak inspections no longer apply because of automatic leak detection systems in lieu inspections, especially if it is phased in, this change. However, EPA has of quarterly or annual leak inspections. starting with larger systems or if a reconsidered the cost of conducting a EPA proposed to establish a process company can provide evidence that they leak inspection, as discussed further in that would allow less frequent leak have not added refrigerant to a system Section VI of the preamble. inspections for federally owned in over a year. Another commenter EPA is finalizing a requirement at appliances that are located in remote stated that leak inspections should only § 82.157(d)(1) to conduct a leak locations or are otherwise difficult to be annual, unless the equipment inspection after discovering the leak rate access for routine maintenance. One exceeds the applicable leak rate for that had exceeded the applicable leak rate. commenter disagreed with the proposal system. That commenter believes that Thereafter, EPA is requiring episodic to allow a reduced inspection schedule the inspections should return to being leak inspections based on the full charge for federally owned appliances. Other an annual requirement after the leak rate size and type of appliance on the same commenters requested that EPA provide has been reduced below the threshold schedule as in the proposed a similar exemption to privately owned for two years. One commenter stated § 82.157(b)(1)–(3), but in this final rule appliances. Because EPA is not finalizing periodic that the greatest value of a leak EPA added a provision clarifying that leak inspections for appliances below inspection is on a system with a known this requirement ends if the appliance the applicable leak threshold, EPA is leak. remains below the applicable leak rate Based on these comments relating to also not finalizing the reduced leak for a specific time. More specifically, the expense and value of conducting inspection schedule for federally owned following a leak rate exceedance, EPA is leak inspections on all appliances, EPA appliances. EPA is requiring that requiring quarterly leak inspections for is finalizing the leak inspection federally owned equipment that has IPR and commercial refrigeration requirement only for appliances that leaked in excess of the applicable leak appliances containing 500 or more have been found to be above the rate be subject to the same periodic leak pounds of refrigerant until there are four applicable leak rate. EPA proposed to inspection schedule as privately owned quarters in a row where the appliance only require that the leaks identified equipment. The concerns about burden from a leak inspection be repaired when has not exceeded the applicable leak raised by federal agencies during the the applicable leak rate is exceeded. rate. For IPR and commercial development of the proposal are EPA’s proposal observed that the costs refrigeration appliances containing addressed by removing the proposed of repairing all leaks when the leak rate between 50 and 500 pounds of requirement that leak inspections be is below the applicable leak rate may be refrigerant, and for all comfort cooling conducted on all appliances. The higher than the benefits, especially appliances or other remaining number of appliances leaking above the when the leak is a series of small appliances normally containing 50 or final leak thresholds is less than 20 pinhole leaks and the leak rate is very more pounds of refrigerant, EPA is percent of the total number of installed low, as may often be the case. As stated appliances with charges of 50 pounds or 21 See GreenChill’s Best Practices Guidelines: in the proposed rule, when the Commercial Refrigeration Leak Prevention & greater. applicable leak rate is exceeded, the Repairs, May 2011, available in the docket for this Description of leak inspections. Many benefits of repairing those leaks are rulemaking. commenters requested clarification

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about the types of methods that can be the inspection to determine the also expressed concern about requiring used to conduct a leak inspection. EPA method(s) that are appropriate for that leak inspections on equipment that responds to those comments in the appliance. This technical judgment cannot be accessed due to radiological section of this notice that addresses requires someone trained in the concerns. comments on the proposed definitions. methods of leak detection, which is EPA appreciates the difficulties As described there, the revised more likely to be the case for a certified associated with inspecting the entirety definition includes examples of technician. of an appliance, which these comments methods that may be appropriate for Many commenters requested illustrate. EPA proposed a definition of leak inspections. clarification on what portions of an leak inspection that includes ‘‘all visible EPA proposed that periodic leak appliance are subject to a leak components.’’ EPA is modifying that inspections would not need to be inspection. The proposed regulatory text proposed definition to remove the performed by certified technicians and was silent on this issue but the notice reference to ‘‘all visible components.’’ took comment on that idea. Two of proposed rulemaking discussed Also, in light of the points raised in the commenters agreed that leak inspections inspecting visible components and the comments, EPA is clarifying in the final should not be required to be conducted proposed definition of leak inspection rule that a leak inspection must be by certified technicians. Reasons stated included an examination of ‘‘all visible conducted on all visible and accessible for not requiring the inspection to be components of an appliance.’’ The components of an appliance, with some done by a certified technician are that proposal did not define ‘‘visible’’ or exceptions. EPA did not propose any they are more expensive than in-house address the treatment of components exceptions but did state in the notice of personnel, they may be less familiar that are only visible if intermediary proposed rulemaking that the inspection with the appliance, and that the person steps are taken (e.g., clearing ice or should occur on all visible and doing the inspection will not elevating monitoring personnel). accessible components of an appliance. necessarily be performing activities that Commenters noted that refrigerant lines The exceptions finalized in this can only be performed by a certified may be insulated and thus the piping is rulemaking clarify what is not technician such as adding or removing not visible and that lines may run along considered visible or accessible: 1) refrigerant or making any repairs to the the ceiling of a store and are not Where components are insulated, under appliance. Another commenter believes observable or are difficult to access. One ice that has formed on the outside of that leak inspections should be commenter proposed a definition that equipment, underground, behind walls, performed by someone trained to fix would limit inspections to areas that are or are otherwise inaccessible; (2) where leaks, and thus that the persons visible and accessible without the use of personnel must be elevated more than 2 performing leak inspections must be a equipment. The commenter states that meters above a support surface; or (3) certified technician. the vast majority of components in where components are unsafe to In this final rule, EPA is requiring that commercial refrigeration, and those inspect, as determined by site the required leak inspections be most prone to refrigerant leakage, are personnel. This clarification takes into performed by certified technicians. EPA accessible directly from floor or roof consideration risks to the person is making this change from the proposal level. One commenter requested that conducting the inspection. The Agency for several reasons. First, required leak EPA define visible components as those does not expect that an appliance be inspections are now limited to that are readily accessible to be viewed shut down in order to fulfill the appliances that are known to have been and accessed during normal obligation of inspecting all visible leaking. It is now very likely that a preventative maintenance activities for components. technician will have to add refrigerant the appliance. One commenter Automatic Leak Detection. EPA or make additional repairs after the leak suggested that the leak inspection be proposed to not require periodic leak inspection. This is certainly the case for ‘‘consistent with good industry inspections if owners or operators the inspection triggered by discovering practice.’’ Another commenter install and operate an automatic leak that the leak rate exceeds the threshold. expressed concern that requiring the detection system that continuously Second, because EPA is no longer inspection of all visible components monitors the appliance for leaks. requiring the repair of all identified may necessitate the appliance be shut Although EPA is removing the periodic leaks, the person inspecting the system down. leak inspection requirements for many must also be qualified to determine Another commenter requested appliances, EPA will continue to allow which leaks must be repaired to bring specific exceptions for components that the use of automatic leak detection the leak rate below the applicable level. are difficult to monitor, insulated, equipment to continuously monitor Third, while certified technicians may unsafe to monitor, or otherwise not whole appliances or portions of be more expensive to hire, the overall accessible. Consistent with other leak appliances in lieu of the required burden of the leak inspection detection and repair programs for New periodic inspections for that appliance requirement is less since many fewer Source Performance Standards, or that portion of the appliance. Use of appliances must be inspected than Subparts VV and VVa, which relates to such equipment can minimize releases originally proposed. Under the equipment leaks of VOC in synthetic of refrigerant because it discovers leaks proposal, all appliances of a certain size organic chemicals manufacturing, the sooner than a quarterly or annual leak would require leak inspections, which commenter suggests that the following inspection can. Using their 2014 EPA estimated to be approximately 1.5 sources be exempt from inspection: (1) Refrigerant Management Program (RMP) million. Under the finalized provisions, Components that require monitoring data, CARB commented that they found that number drops to approximately personnel to be elevated more than 2 that leaking systems using automatic 282,000 appliances. EPA has considered meters above a support surface; (2) leak detection had a 25 percent lower the comments about the cost of components that are insulated; (3) annual leak rate than those without. performing a leak inspection and has components that are determined to be This comment provides further support updated the technical support un-safe to monitor as determined by site for including this option to use document accordingly. Finally, EPA is personnel; (4) components that are automatic leak detection equipment to not specifying a single method but under ‘‘ice’’ that forms on the outside of continuously monitor an appliance or rather allowing the person conducting equipment. A couple of commenters portion of an appliance in the final rule.

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A few commenters encouraged EPA to include the same standards as those EPA is finalizing the proposal to require require automatic leak detection EPA is finalizing in this rule, so that the owner or operator calibrate the equipment on appliances with more equipment meeting these requirements automatic leak detection system than 2,000 pounds of refrigerant to is already available and in use. EPA annually and keep records documenting harmonize EPA’s requirements with encourages anyone interested in using the calibration. California’s. EPA responds that while automatic leak detection to consult this rule does not impose requirements entities in California regarding the 5. Lowering Leak Rates that are inconsistent with CARB’s availability and performance of such The leak rate is the rate at which an program, EPA has not included all of equipment. Another commenter notes appliance is losing refrigerant, measured CARB’s requirements in this rule. EPA that electronic leak detection equipment between refrigerant charges. If the leak is requiring that automatic leak is currently installed in thousands of rate for an appliance is above a specified detection systems meet the same level of supermarkets, further supporting the threshold, the regulatory revisions detection (10 parts per million of vapor) idea that such equipment is available finalized in this rule require certain and notification thresholds (100 parts and in use. actions, such as leak repair, from the per million of vapor, a loss of 50 pounds Many commenters supported owner/operator. of refrigerant, or a loss of 10 percent of automatic leak detection equipment in EPA is lowering the leak rates for IPR, the full charge) as CARB requires. EPA lieu of periodic leak inspections but commercial refrigeration, and comfort knows that such equipment is already were concerned that the systems they cooling and other appliances containing available on the market and capable of currently have installed do not meet the ODS refrigerants and is establishing meeting those standards, which allows requirements of the proposed rule those same leak rates for appliances companies wishing to install automatic because the entire refrigeration system using non-exempt substitute leak detection equipment to do so is not within the . refrigerants. EPA is lowering the leak sooner than if EPA established different EPA proposed that automatic leak rates to 30 percent (from 35 percent) for standards in this rule. It also means that detection equipment systems that IPR, 20 percent (from 35 percent) for installed equipment that meets directly detect the presence of a commercial refrigeration appliances and California’s requirements will meet refrigerant in air could only be used 10 percent (from 15 percent) for comfort EPA’s requirements. EPA disagrees, as where the entire appliance or the cooling and all other appliances with a discussed later, with the comment compressor, evaporator, condenser, or full charge of 50 pounds or more of ODS suggesting it require the use of other component with a high potential or non-exempt substitute refrigerant. For automatic leak detection equipment. to leak is located inside an enclosed the reasons discussed below, EPA is Some commenters were opposed to building or structure. Multiple finalizing a higher leak rate for IPR than requiring automatic leak detection. One commenters requested that EPA still proposed while finalizing the same rates such commenter stated that it does not allow the option of using automatic leak as proposed for commercial refrigeration work well outdoors and that it may be detection for those components that are and comfort cooling. In making this hazardous to enclose a system to not outdoors. The outside components decision, EPA has assessed the facilitate leak detection. It can also be would then be the only portion of the compliance costs, cost savings, and expensive and EPA did not estimate the system that would be subject to periodic environmental benefits and has found costs of requiring it. One nuclear power inspections. EPA agrees that automatic that the aggregated costs are reasonable, producer commented that any leak detection equipment should be and that lowering leak rates will result modifications to nuclear generating allowed for enclosed components even in fewer emissions of both ODS and stations must undergo extensive if only portions of an appliance are non-exempt substitute refrigerants. engineering and risk review processes. enclosed and the proposed rule was EPA reviewed data submitted under This argues against requiring the intended to cover that situation. EPA California’s RMP, the South Coast Air installation of monitoring equipment. has revised the final rule to more clearly Quality Management District Another commenter stated that it has allow for this and to clarify that in such (SCAQMD), GreenChill partners, not been able to identify any reliable situations, the automatic leak detection consent decrees for both commercial information confirming that such equipment would only be used to refrigeration and IPR for companies automatic leak detection devices are monitor components located in an found to be in violation of subpart F available, cost-effective, and capable of enclosed building or structure but the regulations, EPA’s Vintaging Model, satisfying EPA’s requirements. other components would continue to be conversations with potentially affected EPA responds that the Agency is not subject to any applicable leak inspection requiring the use of automatic leak requirements. stakeholders, and comments on this and detection equipment in this final rule. One commenter encouraged EPA to past proposed rules. See the technical Rather, this is an option that an owner require that the leak detection system be support document Analysis of the or operator can choose to pursue in lieu certified. There are third party systems Economic Impact and Benefits of Final of conducting periodic leak inspections. on the market that claim to check Revisions to the National Recycling and EPA agrees that automatic leak charges, but the commenter believes Emission Reduction Program for a detection equipment may not be some may be inaccurate. The complete discussion. EPA presents here appropriate for all systems, and the commenter recommends referencing background on two data sources (CARB Agency is not suggesting that ASHRAE 207P, which will allow for and SCAQMD) that EPA relied on for components be enclosed in order to verification of the charge checking multiple types of appliances and then allow for automatic leak detection systems. EPA responds that the discusses appliance-specific data equipment where it would be hazardous referenced ASHRAE standard is still separately. to do so. The decision to install such under development and we are unaware California’s RMP requires that owners equipment is up to the owner/operator. of any certification programs that exist or operators of any appliance with more With regard to availability, EPA or that are planned to reference that than 50 pounds of ODS or HFC responds that California’s existing standard once finalized. Requiring refrigerant repair leaks, conduct leak requirements for use of such systems certifications for leak detection systems inspections or install automatic leak have been in place since 2011 and is therefore not appropriate at this time. detection equipment, and report their

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refrigerant usage and repairs.22 In that rule as ‘‘any non-vehicular practically achievable. Some industry addition, any facility with a equipment used for cooling or freezing, members encouraged EPA to explore the refrigeration appliance containing more which holds more than 50 pounds of feasibility of further lowering rates for than 50 pounds of refrigerant must any combination of class I and/or class IPR in the future, consistent with report all service records annually to II refrigerant, including, but not limited improved and available industry best California. CARB has categorized to, refrigerators, freezers, or air- practices. Other commenters stated that facilities based on the facility’s largest conditioning equipment or systems.’’ data from GreenChill and consent appliance. Facilities that have at least Under Rule 1415, SCAQMD collected decrees are not representative of IPR one appliance with a full charge of the following information every two facilities. One commenter also stated 2,000 pounds or more (classified as years from owners or operators of such that CARB data do not support that a 20 ‘‘large’’ facilities under the RMP) began refrigeration systems: Number of percent threshold is achievable because reporting in 2012 (for 2011 service refrigeration systems in operation; type one third of the reporting facilities are records). These large facilities must of refrigerant in each refrigeration not achieving such performance. As a submit service records for any appliance system; amount of refrigerant in each result, the commenter stated that EPA that has a full charge greater than 50 refrigeration system; date of the last has not shown that lowering the leak pounds. ‘‘Medium’’ facilities have at annual audit or maintenance performed rate for IPR from 35 to 20 percent is least one appliance with a full charge of for each refrigeration system; and the necessary nor economically or 200 or more pounds but less than 2,000 amount of additional refrigerant charged practically feasible. pounds and they started reporting in every year. For the purposes of Rule Some commenters suggested EPA 2014. ‘‘Small’’ facilities have at least one 1415, additional refrigerant charge is distinguish between old and new appliance between 50 and 200 pounds defined as the quantity of refrigerant equipment. One commenter noted that and will have begun reporting in 2016. charged to a refrigeration system in existing IPR equipment can meet the 35 California’s reporting program provides order to bring the system to a full percent leak rate but not all could insight into the use and emissions of capacity charge and replace refrigerant achieve the 20 percent leak rate. Thus, ODS and substitute refrigerants from that has leaked. This reporting the proposed leak rate would strand refrigeration appliances in the state, requirement has now been replaced by significant investment in custom- across a broad range of sectors that use the statewide RMP reporting. designed refrigeration process refrigeration appliances. For the EPA analyzed the SCAQMD data on equipment. Another commenter stated proposed rule, EPA reviewed the 2013 ODS-containing appliances for the that older IPR facilities were designed data, the most recent dataset available at proposed 2010 Leak Repair Rule. The when refrigerant tightness was not a that time, which contained information analysis prepared for that rule can also critical design element. Facilities have from 11,166 appliances at large and be found in the docket for today’s been upgraded and maintained to medium facilities. EPA has rulemaking. The dataset contains achieve 35 percent leak rates but further subsequently reviewed the 2014 data, information on over 4,750 appliances upgrades and repairs to bring them to a containing data on 12,605 appliances, from 2004 and 2005 with ODS lower rate would be costly if not and found it to be substantially similar. refrigerant charges greater than 50 impossible. The commenter also stated A series of charts showing the pounds. The data included refrigeration that it would not be cost effective since aggregated California data has been and air-conditioning appliances that many are near the end of their useful meet EPA’s definitions of IPR (e.g., food included in the technical support lives. A few commenters suggested that processing industry, pharmaceutical document. EPA has analyzed these data EPA follow the 1998 proposal and allow manufacturing), commercial in developing the revised leak rates for for the 35 percent rate if the appliance refrigeration (e.g., refrigerated IPR, commercial refrigeration, and meets all of the following criteria: (1) warehouses, supermarkets, retail box comfort cooling appliances. The refrigeration system is custom-built; California’s South Coast Air Quality stores), and comfort cooling (e.g., office (2) the refrigeration system has an open- Management District is an buildings, universities, hospitals) from drive compressor; (3) the refrigeration control agency that services the areas of businesses of all sizes. EPA has system was built in 1992 or before; and Orange County and the urban portions considered the previous analysis of (4) the system is direct-expansion of Los Angeles, Riverside, and San those data in developing the revised (contains a single, primary refrigerant Bernardino counties, which contained leak rates for IPR, commercial loop). Another commenter approximately half of the population of refrigeration, and comfort cooling recommended keeping the leak rate at California at that time. SCAQMD had appliances in this final rule. 35 percent for systems using substitute refrigerants, stating that companies that issued Rule 1415 to reduce emissions of i. Industrial Process Refrigeration ozone-depleting refrigerants from retrofitted from ODS to HFC refrigerants In the proposed rule, EPA discussed should be recognized for that prior stationary refrigeration and air- reducing the leak rate for IPR and environmental advancement. conditioning systems. The rule required commercial refrigeration from 35 In response to the comment that some any person within SCAQMD’s percent to 20 percent. EPA specifically of the data are not representative of IPR jurisdiction who owns or operates a sought comments on whether a 20 facilities, EPA responds that the refrigeration system to minimize percent leak rate was appropriate, or Technical Support Document for the refrigerant leakage. A refrigeration whether a leak rate higher than 35 proposal did distinguish between IPR system is defined for the purposes of percent or as low as 10 or 15 percent and commercial refrigeration. EPA did would be appropriate. After considering not use GreenChill’s commercial 22 Among other requirements, the RMP establishes leak repair requirements for appliances the comments received and upon refrigeration data or consent decrees for with more than 50 pounds of refrigerant. More further analysis of the CARB data, EPA commercial refrigeration as a basis for detail on the RMP is provided in the technical is finalizing a leak rate of 30 percent. the proposal on IPR. In the final support document in the docket titled Analysis of Some commenters supported the Technical Support Document, as well as the Economic Impact and Benefits of Final Revisions to the National Recycling and Emission lower leak rates noting that real-world the discussion that immediately follows, Reduction Program and online at www.arb.ca.gov/ experience shows that the lower leak EPA has further separated out the stoprefrigerantleaks. thresholds are technically and analysis for IPR.

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After considering these comments and emissions reductions equal to 0.63 equipment manufacturers who wish to further reviewing the CARB data, EPA is MMTCO2eq and 8.0 ODP tons. EPA systematically implement leak finalizing a leak rate of 30 percent for calculates the leak inspection and repair reduction technologies. Second, these IPR, rather than 20 percent as proposed. compliance costs of a 30 percent leak appliances generally use a long, single The potential benefits of lowering the rate for IPR to be $5.5 million, with refrigerant loop for cooling that is not leak rate to 20 percent are small in annual emissions reductions equal to enclosed within a piece of equipment. relation to the potential costs incurred 0.44 MMTCO2eq and 5.4 ODP tons. This tends to raise average leak rates, by those small number of facilities that Finally, EPA analyzed retaining the particularly when the refrigerant loop could be affected. current 35 percent leak rate for IPR, as flows through inaccessible spaces, such EPA’s model, informed by the 2013 applied to IPR using substitute as underneath floors, or when used in CARB data, indicates that 92 percent of refrigerants. In that scenario, the leak challenging climates and operating IPR appliances have leak rates below 30 inspection and repair costs would be conditions. Third, these appliances are percent. Almost 10 percent of ODS- $5.1 million, with annual emissions often integrated into production plants containing appliances would trigger the reductions equal to 0.26 MMTCO2eq or other applications and typically leak repair requirements if the leak rate and 0 ODP tons. Lowering the leak rate operate continuously. This need for were lowered from 35 to 20 percent, as from 35 to 30 percent provides continuous operation can make proposed. However, if the leak rate is significantly more environmental repairing certain leaks more difficult lowered from 35 to 30 percent only 0.6 benefits, including reductions in and costly, possibly requiring percent more ODS-containing IPR emissions of ozone-depleting manufacturing processes to be shut appliances would trigger the leak repair substances, for the costs. Lowering the down and long lead times. Multiple requirements. leak rate further provides diminishing commenters agreed with and provided Viewed another way, using the returns. comments supporting EPA’s assessment California data as a proxy for the entire EPA recognizes that some IPR that IPR facilities can be leakier and United States’ IPR systems, the transitioned to HFCs from ODS more challenging to repair than proposed 20 percent leak rate could refrigerants. This may have been an commercial refrigeration and comfort affect up to 9 percent of all IPR environmental decision for some, but cooling appliances. appliances (though only a small subset other commenters stated that this was In response to comments requesting of IPR systems above 20 percent using done to avoid being covered by the different leak rates for old and new ODS refrigerant would be newly subpart F regulations. For whatever appliances, EPA is not distinguishing affected because they were already reasons, these facilities transitioned to a between old and new appliances in the subject to the 35 percent leak rate). substitute refrigerant and therefore were regulations for the following reasons. Appliances that leaked more than 20 no longer required to maintain a leak First, CARB data indicate that older IPR percent are responsible for 86 percent of rate below 35 percent. EPA’s analysis equipment is not necessarily leakier emissions in the CARB data. Changing described above indicate that that a than newer IPR equipment. While the leak rate threshold to 30 percent, as majority of the new IPR equipment newer systems can generally be EPA is finalizing in this rule, would affected by the rule will be those using designed with leak tightness in mind, affect 7 percent of all IPR appliances substitute refrigerants. At a 30 percent EPA has also found that the quality of and an even smaller subset of ODS- leak rate, EPA estimates that there will the construction and the operation and containing equipment (only 0.6 be 492 newly affected systems maintenance of the appliance plays a percent). In the CARB records, containing ODS refrigerant but 5,938 larger role in whether the appliance appliances leaking more than 30 percent systems containing HFC refrigerants. leaks than the age of the equipment per are responsible for 75 percent of While the number of affected IPR se. Leakage can be reduced even on emissions. facilities may be small (EPA estimates older equipment by taking appropriate EPA’s review of the 2004 and 2005 there are 1.5 million appliances with a measures. Second, in EPA’s experience data submitted to the SCAQMD from charge size of at least 50 pounds of an with the HCFC phaseout, it has been 349 IPR facilities also indicate that 81 ODS or non-exempt substitute challenging in some circumstances for percent of ODS-containing IPR refrigerant), the challenges faced by IPR owners and operators to determine appliances had leak rates below 30 facilities to upgrade or improve their whether an appliance is existing or new. percent. Slightly less than 5 percent of system are more substantial that those For clarity and to facilitate ODS-containing appliances would faced by other appliance types. In compliance, and consistent with the trigger the leak repair requirements if general, leak rates are highest for IPR proposal, EPA is not finalizing a the leak rate was lowered from 35 to 20 systems for a number of factors. First, distinction between old and new IPR percent, as proposed. In this final rule, such appliances are generally custom- appliances in the leak thresholds only 1.5 percent of ODS-containing built and assembled at the site where finalized in this rulemaking. In response appliances would trigger the leak repair they are used rather than in a factory to the commenters encouraging EPA to requirements if the leak rate was where standard manufacturing practices explore the feasibility of further lowered from 35 to 30 percent. can be put in place to reduce leaks. lowering IPR rates in the future, EPA However, by extending the leak repair Appliances used in IPR are custom- will take this under advisement for requirements to IPR appliances designed for a wide spectrum of future analyses and such a future containing non-exempt substitute processes and facilities, including analysis may include the age of the refrigerants, a 30 percent leak rate applications such as flash freezers facility and refrigeration technology would also trigger all IPR facilities using aboard commercial fishing vessels to used. Further gradation of the IPR non-exempt substitute refrigerants cooling processes used in the category is not necessary at this time. above that threshold, not just the manufacture of pharmaceuticals. This incremental difference of facilities results in the sector having an ii. Commercial Refrigeration Appliances operating between 30 and 35 percent. extraordinarily broad range of EPA proposed to lower the leak rate EPA calculates leak inspection and equipment configurations and designs. for commercial refrigeration appliances repair costs of a 20 percent leak rate for Custom designed equipment may also from 35 percent to 20 percent. Based on IPR to be $7.0 million, with annual present more challenges to original the data analysis discussed in this

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section and comments, EPA is finalizing of multiple appliances is relevant to CARB data, is that the average leak rate that rate as proposed. understanding how well individual for all commercial refrigeration is 25 First, EPA reviewed data from appliances, on average, perform. This percent. That some commenters say GreenChill, an EPA partnership with dataset represents almost a third of the they operate their commercial food retailers to reduce refrigerant supermarket industry, including a few refrigeration with leak rates below 20 emissions and decrease their impact on smaller independent operators, over percent for both ODS and HFC the ozone layer and climate change. multiple years and locations across the equipment is further support that Established in 2007, this partnership United States. Even if the data were private incentives drive lower leak rates has 27 member companies comprising biased towards larger chains and and that a 20 percent rate is clearly almost 30 percent of all supermarkets in organizations that have proactively achievable. the United States. GreenChill works to sought to reduce their emissions below Based on data in the record, EPA does help food retailers voluntarily (1) the prior regulatory rate of 35 percent, not agree that a 10 percent leak rate transition to environmentally friendlier these data give an indication of what is would be appropriate for commercial refrigerants; (2) lower refrigerant charge achievable when companies seek to refrigeration. GreenChill partners have sizes; (3) eliminate leaks; and (4) adopt reduce leak rates. Further, these data lower leak rates than the industry green refrigeration technologies and best demonstrate that leak rates well below average, yet the average rate among all environmental practices. One of the 20 percent are not just achievable but commercial refrigeration appliances in GreenChill partnership’s programs that may be consistently maintained. A leak GreenChill is around 13 percent. There helps food retailers reduce their rate is not inherent to a particular piece are only nine supermarkets that have refrigerant emissions is the Food of equipment but rather includes factors achieved the Platinum level Retailer Corporate Emissions Reduction such as how that appliance is operated certification. EPA therefore does not Program. Under this program, partners and maintained. believe that 10 percent is currently report their corporate-wide average leak One commenter representing the regularly achievable industry-wide. EPA rate for all refrigerants. A corporate- supermarket industry supported also appreciates the concept raised by wide average leak rate is the sum of all lowering the leak rate threshold but the commenter that establishing lower refrigerant additions in a given time stated that 20 percent may be leak rates for future appliances could be period for all of the commercial burdensome for small businesses and a way to encourage innovation. EPA did refrigeration appliances owned by a independent retailers. Other request comment on whether there are corporate entity, divided by the full commenters in the supermarket other regulatory incentives that could charge for all of the commercial industry supported the proposed 20 provide a basis to go with a leak rate refrigeration appliances owned by that percent leak rate and one stated that lower than 20 percent and establishing same corporate entity during that time they currently meet that rate for both a target rate to achieve in the future is period. ODS and HFC equipment. CARB an intriguing concept. EPA will take this Between 2007 and 2014, the submitted comments suggesting that comment under advisement. However, corporate-wide average leak rate for all EPA lower the leak rate to 10 percent for in today’s final rule EPA is basing the reporting GreenChill partners remained commercial refrigeration, or totally revised leak rates on what appliances within a relatively narrow range of eliminate the threshold. Based on their are currently able to regularly achieve. between 12.6 percent and 13.8 percent. 2014 RMP data, lowering the threshold The data submitted to the SCAQMD Remarkably, when new partners joined, to 10 percent would raise the number of from 1,722 commercial refrigeration the reported corporate-wide average affected systems in California from appliances indicate that 77 percent of leak rate across all partners remained 5,500 to 6,342 (out of more than ODS-containing comfort cooling level. Several supermarket chains in the approximately 20,000 systems) while appliances had leak rates below 20 GreenChill program, including some reducing by percent. Only 8 percent of ODS- having hundreds of stores, have containing appliances would trigger the 0.11 MMTCO2e. Another commenter consistently reported a corporate-wide urged EPA to establish a leak rate of 10 leak repair requirements if the leak rate leak rate below 10 percent. These data percent for new commercial was lowered from 35 to 20 percent. In support the conclusion that leak rates in refrigeration to incentivize improved 2010, when EPA analyzed the data, EPA commercial refrigeration appliances can design, installation, and maintenance. found that the SCAQMD leak repair data be considerably lower than 35 percent The commenter refers to the GreenChill for commercial refrigeration appliances and that a 20 percent leak rate is program at least 125 stores currently was consistent with EPA’s analysis of reasonable. certified as Silver or above, and with the commercial refrigeration sector. Some commenters found GreenChill Platinum certified stores achieving leak EPA has also reviewed how companies agreed to manage refrigerants data unpersuasive because they are self- rates below 5 percent and to a through recent consent decrees with the reported and unverified and because supermarket chain in the UK that has a Agency. In consent decrees with they represent the average performance corporate-wide leak rate of 7.1 percent Safeway and Costco, the two companies of multiple appliances rather than the in 2013. performance of individual systems. EPA responds that the average leak agreed to bring their corporate-wide leak Another commenter stated that rate across all GreenChill commercial rates from about 25 percent to 18 and 19 GreenChill data are not representative of refrigeration appliances does not rise percent, respectively. In a recent the supermarket industry as a whole appreciably when new companies consent decree with Trader Joe’s, the and do not consider the capabilities of joined the partnership, which indicates company agreed to achieve and independent operators or small that companies operating outside of the maintain an annual corporate-wide businesses. GreenChill partnership are operating average leak rate of 12.1 percent through EPA disagrees with the comments 2019. One commenter was unpersuaded with leak rates well below 35 percent.23 regarding the use of GreenChill data. It by the use of consent decrees because EPA’s standard presumption, based on is appropriate to use the GreenChill data they are aspirational and do not reflect to inform EPA’s consideration of 23 See the document GreenChill Partnership’s actual operation. EPA agrees that the achievable leak rates for commercial 2014 Data: Benchmarks, Results, and Trends in the corporate-wide leak rates to be obtained refrigeration. The average performance docket. under these consent decrees are not data

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of actual operations, per se, but they are from four to seven percent. (63 FR is not likely to be significant. This more than merely aspirational. Consent 32066). This assessment continues to be comparison is found in the final decrees are legally binding and the valid based on industry feedback on technical support document in the companies would not have committed EPA’s Vintaging Model. On the other docket. to them if they thought they were side of the spectrum, the ultralow leak Commenters also stated that previous unachievable. These consent decrees rates (e.g., 1 percent or lower) cited by actions are leading the recovery of the provide additional support for the the other commenter are generally best- ozone layer. These commenters stated proposition that a 20 percent leak rate practice leak rates or average leaks rates that reducing the leak rate as proposed for commercial refrigeration is across new or low-pressure chillers and will not contribute to the recovery of the reasonably achievable. These consent do not necessarily represent the full ozone layer and thus EPA cannot justify decrees are available in the docket. range of chillers, by type and age, that the burden on owners and operators of are subject to these regulations. The such equipment. EPA anticipates that iii. Comfort Cooling and Other HCFC–123 chillers cited by the this action will contribute to the Appliances commenter operate at a lower pressure recovery of the ozone layer and has EPA proposed to lower the leak rate than the other systems and thus might calculated a reduction in ODP-weighted for comfort cooling appliances and all not be representative of achievable leak emissions of 114 ODP tons. However, other refrigeration appliances normally rates for HFC and other HCFC section 608 does not require EPA to containing 50 pounds or more of equipment which operate under higher quantify the impact of this action on the refrigerant that do not fit into the pressures. ozone layer. To the contrary, section commercial refrigeration or IPR A few commenters stated that EPA 608(a) directs EPA to establish categories from 15 percent to 10 percent. lacks definitive data on typical and regulations that reduce the use and Based on the data analysis discussed in economically achievable leak rates for emissions of ODS to the lowest this section and comments, EPA is comfort cooling appliances. These achievable level, without requiring finalizing that rate as proposed. commenters asserted that the CARB and separate evaluation of how each such Some commenters recommended GreenChill data presented in the reduction would affect the recovery of keeping the leak rate at 15 percent proposed rule are primarily related to the stratospheric ozone layer. Individual because some older systems may not be commercial refrigeration and IPR, and actions such as reducing emissions from able to achieve a lower leak rate. These that SCAQMD’s data is not nationally comfort cooling appliances fit into the commenters stated that large chillers representative because those appliances broader approach to ozone layer from the 1990s have a leak rate of 8 to have been subject to leak regulations protection reflected in Title VI of the 10 percent due to the seal lubrication since 1991. Clean Air Act. As such, any action that design and that as chillers age, the leak EPA responds that the Agency has reduces the use and emissions of ODS rate increases. They asserted EPA analyzed average leak rates specifically can help the recovery of the ozone layer. should therefore consider the of comfort cooling appliances as EPA also received two comments equipment’s date of manufacture, the reported to SCAQMD and CARB, and as regarding what is included under the compressor configuration, and whether estimated in the Vintaging Model. As term other appliances. One commenter the equipment is custom built. Another reflected in this analysis, these three recommended that the Agency create a commenter recommended a 5 percent sources indicate that most comfort defined term that includes refrigerated leak rate for comfort cooling and cited cooling appliances can regularly achieve air dryers, non-food cold storage, wind multiple data sources. This commenter an annual leak rate of 10 percent. This tunnels, electrical equipment room pointed to sources of data showing a 0.5 memo also cites other industry cooling, non-occupied digital control percent leak rate for HCFC–123 chillers, estimates of leak rates in comfort rooms, computer server rooms with set as well as a 2009 CARB analysis cooling appliances. The majority of point below 68 °F, environmental showing a leak rate of 1 percent and the these estimates range between 2 and 5 chambers, growth chambers, turbine 2005 IPCC/TEAP Special Report which percent with three of the fourteen inlet air cooling, test cells and shows average annual leak rates for best estimates estimating leak rates above 10 chambers, and aquariums. That practice in large commercial air- percent. commenter stated that thousands of conditioning to be 0.5 percent. Another The data submitted to the SCAQMD regulated entities have identified commenter indicated support for the 10 from 2,700 comfort cooling appliances systems that potentially fall into that percent leak rate and noted that the indicate that 87 percent of ODS- category. Another commenter noted that threshold could be lowered further containing comfort cooling appliances humidity control in paint booths and air without creating undue burden, but did had leak rates below 10 percent. Only compressors could be other appliances not provide any technical data 1.5 percent of ODS-containing but are currently treated as IPR. This concerning average leak rates. appliances would trigger the leak repair commenter encouraged EPA to remove EPA responds that the Agency does requirements if the leak rate was the other category and instead treat consider factors such as the date of lowered from 15 to 10 percent. appliances that do not fall under manufacture and the compressor EPA agrees that appliances in comfort cooling or commercial configuration for establishing a leak rate California or in the SCAQMD may have refrigeration as IPR. applicable to all comfort cooling lower leak rates than appliances At this time, EPA is not finalizing a appliances. Since as far back as 1998, nationally, given the refrigerant definition of ‘‘other appliance.’’ The EPA found that comfort cooling management regulations that have owners or operators of some of the appliances leaked less than five percent existed in the state for many years. EPA appliances included in a definition may per year, with many new comfort therefore compared California data with currently treat such appliances as IPR or cooling appliances leaking around two the national assumptions in the commercial refrigeration. While not all or even one percent per year. The Vintaging Model and found that the two ‘‘other appliances’’ fall under IPR, for highest leak rates reported from new correlate closely. The Vintaging Model those that do, moving them into an equipment back in 1998 was high is updated frequently with data ‘‘other appliances’’ category would pressure chillers with open-drive supplied by refrigerant industry reduce their leak rate from 35 to 10 compressors with leak rates ranging stakeholders. Therefore, any difference percent without prior notice. More

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fundamentally, EPA’s current view is rate. Given this feedback, EPA spring. Later that year, he adds 180 that it is appropriate for other concludes that calculating the leak rate pounds to that same system to address appliances to be regulated according to is needed to alert the appliance owner a seasonal variance. The owner would their function, such that those that fit or operator to the fact that, in the case be able to consider 150 of the 180 within the definition of IPR would be of a continually high leak rate, the pounds as a seasonal variance and the regulated as IPR and those that fit typical repair and inspection attempts remaining 30 pounds as a leak. within the definition of commercial are not sufficiently addressing the EPA expects only one removal and refrigeration would be regulated problem with the appliance. Moreover, one addition of refrigerant to account for accordingly. That view is reflected in because the revisions to the leak repair seasonal variance. If the amount added the regulatory text finalized in this rule, rules as finalized in this action require is equal to or less than the amount which provides that the 10 percent leak owners or operators to repair leaks to removed in the previous season, but an rate applies to ‘‘other appliances’’ with lower the leak rate below the applicable additional amount is added in close a full charge of 50 or more pounds of threshold, calculating the leak rate on proximity (typically within a few days refrigerant that are not covered by an ongoing basis provides important to a few weeks) to the addition being subparagraphs addressing IPR or information to help evaluate whether counted as a seasonal variance, and the commercial refrigeration equipment. this requirement has been satisfied. Not two additions together are less than or calculating the leak rate each time 6. Leak Rate Calculation and Seasonal equal to the amount removed in the refrigerant is added could also lead to Variances previous season, the second addition confusion for technicians that service would be considered part of the same The first step in reducing refrigerant more than one customer if each has refrigerant addition unless the owner or leaks is knowing whether the appliance different equipment subject to different operator could document a leak. is leaking refrigerant and, if so, to what regulatory compliance requirements. As discussed previously in this extent. The prior regulations at EPA is also clarifying in this final rule notice, EPA is defining a seasonal § 82.156(i) did not explicitly require how to handle seasonal variances. In variance as the removal of refrigerant technicians or owners and operators to regions of the country that experience from an appliance due to a change in calculate the leak rate each time large temperature swings during the ambient conditions caused by a change refrigerant is added to an appliance. year, refrigerant in some appliances can in season, followed by the subsequent Recognizing that knowing the leak rate migrate from the condenser to the addition of an amount that is less than is necessary for compliance with the receiver. This migration results in a or equal to the amount of refrigerant leak repair provisions of subpart F, need to add refrigerant to an appliance removed in the prior change in season, EPA’s Compliance Guidance for to ‘‘ the condenser’’ in the season where both the removal and addition of Industrial Process Refrigeration Leak of lower temperature ambient refrigerant occurs within one Repair Regulations under Section 608 of conditions (fall or winter). In this case, consecutive 12-month period. the Clean Air Act from October 1995 the added refrigerant would have to be states that ‘‘[e]ach time you add removed when the weather returns to EPA is finalizing in the revised refrigerant to a system normally design ambient conditions to prevent regulations at § 82.157(b) that the leak containing 50 pounds or more of high head pressures. This technique is rate does not need to be calculated refrigerant, you should promptly often referred to as a winter-summer when adding refrigerant that qualifies as calculate the leak rate.’’ (emphasis in charge procedure or a seasonal a seasonal variance. Both the addition original). Generally, the only time one adjustment. Seasonal adjustments are and prior removal of refrigerant due to can calculate the leak rate is when not necessary for appliances with seasonal variances must be documented. refrigerant is added to the appliance. properly sized system receivers because Such additions and removals would To reinforce this practice, EPA is they can hold the appliances’ full already be accounted for in service clarifying in the revisions to the charge, including the additional charge records provided by the technician to regulatory text finalized in this rule that needed to flood the condenser. the owner/operator. The recordkeeping owners or operators of appliances with Under this final rule, owners or requirements for this flexibility in 50 or more pounds of refrigerant must operators can exclude from the leak rate calculating the leak rate are located in calculate the leak rate every time calculation the amount added that is § 82.157(l)(2), and those for maintaining refrigerant is added to those appliances. less than or equal to the amount records associated with the seasonal EPA is also clarifying that the leak rate removed during the prior season. In a variance if it is excluded from the leak would not need to be calculated when properly charged, non-leaking system, rate calculation are at § 82.157(l)(10). refrigerant is added immediately adding refrigerant during months with Commenters were generally following a retrofit or the installation of lower ambient conditions (fall or supportive of this new flexibility, but a new appliance or for a seasonal winter) would require an equivalent had some concerns, many of which are variance. amount of refrigerant to be removed in discussed in the definitions section of Two commenters suggested that the the months with higher ambient this notice. Several commenters leak rate calculation should not be conditions (spring or summer). If more requested clarification on whether the required on non-leaking appliances refrigerant is added in the fall/winter owner or operator would be responsible where all identified leaks are repaired than was removed in the prior spring/ for this requirement. Owners or within 30 days of discovery. While EPA summer, the difference between the two operators must keep records of commends appliance owners and would be considered a leak and not a refrigerant added and removed from an operators who regularly repair all seasonal variance. Without requiring appliance. If they wish to claim a identified leaks within 30 days, that the amount added be equal to or seasonal variance, they must note in calculating the leak rate each time less than the amount removed to qualify their records the amount of refrigerant refrigerant is added is still necessary. for the exemption, there is no way to that was removed at the end of the last Comments indicate that in some distinguish legitimate seasonal season for a seasonal variance. This is instances, appliance owners and variances from refrigerant leaks. For likely to be one of the only reasons to operators are unable to find significant example, an appliance owner removes remove refrigerant without immediately leaks that may be driving the high leak 150 pounds of refrigerant during the adding additional refrigerant or without

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mothballing, retiring or retrofitting an those reasons, these commenters said successful beyond calculating the leak appliance. owners and operators should be rate upon the next refrigerant addition. provided flexibility to select which The first instance is if a subsequent leak 7. Appliance Repair leaks to repair or make a good-faith inspection does not find any leaks at The prior regulations at § 82.156(i) effort to repair leaks. all.24 EPA therefore strongly encourages generally require owners or operators to In this final rule, after consideration the owner or operator to repair all repair leaks within 30 days of the leak of the comments, EPA is not finalizing identified leaks, and this provision rate being exceeded (i.e., the date of the the proposed change to require repair of provides an incentive to repair all refrigerant addition) to bring the leak all identified leaks. In the proposal, EPA identified leaks, although EPA is not rate to below the applicable leak rate. In acknowledged that a small amount of finalizing this proposed requirement. the proposed rule, EPA discussed that refrigerant can migrate from an The second instance is if there has not owners or operators may not know that appliance even if the refrigerant circuit been a refrigerant addition in 12 months they have performed sufficient repairs is unbroken, and requested comment on after the date of repair. If there is not a to bring the system below the leak rate, whether there should be a limited need for another refrigerant addition for or they may have completed the repairs exception from the requirement. at least a year after the date of repair but may find themselves out of Instead, the regulations finalized today (and thus the leak rate cannot be compliance if a separate leak occurs. To contain the same requirement as in the calculated for at least a year) EPA will reduce emissions of refrigerants to the original rule by requiring that leaks be consider the repairs to have been lowest achievable level, and remove repaired such that the leak rate will be successful. ambiguity concerning compliance, EPA below the applicable leak rate. If upon the next refrigerant addition proposed to require a leak inspection of Accordingly, EPA is not at this time the appliance is still exceeding the the appliance and then repair all setting a final standard for what is, or is threshold leak rate, EPA’s presumption identified leaks. Recognizing that a not, an actionable leak beyond the is that the repair failed. The burden is small amount of refrigerant can be applicable leak rate. In not finalizing on the owner or operator of the released from an appliance even if the this proposed change, EPA considers appliance to show that leaks were refrigerant circuit is unbroken, EPA that an owner or operator may have repaired to bring the leak rate below the sought comments on not requiring the good reason to choose not to repair a applicable threshold and that those repair of certain minor leaks. small leak. EPA also considers the repairs held. Specifically, EPA asked whether it original intent of the leak repair One commenter stated that the should exempt situations where sound provisions, as explained in the 1993 greatest value of a leak inspection is on professional judgment indicates an Rule. At that time the Agency a system with a known leak. A individual identified leak is not the considered requiring the repair of all comprehensive leak inspection on an result of a faulty component or leaks ‘‘which has the benefit of appliance that has exceeded the connection and that refrigerant releases simplicity and clarity’’ but explained applicable leak rate will ensure that the would not be reduced from repair or that without ‘‘any type of lower bound, technician does not stop an inspection adjustment. however, this standard could result in when the first leak is found. Another Many commenters requested that EPA huge amounts of money being spent to commenter encouraged EPA to be differentiate between major fixable leaks repair even pinhole leaks in equipment specific that the leak inspection be and minor unfixable leaks. They stated that may soon be obsolete . . . The conducted on the whole system not just that it is impossible to repair ‘‘all leaks’’ intent of the leak repair requirement in where the original leak was found. as many systems have minuscule leaks this rule is to assure that substantial Another commenter stated that if a that are not fixable. A couple of leaks are repaired.’’ (58 FR 28680). Not particular circuit in a rack house is commenters suggested that EPA not finalizing this proposed requirement found to be leaking and is subsequently require the repair of leaks that meet the reduces the number of leaks that are to repaired and passes the verification test, ASHRAE 147 standard, which are those be repaired and accordingly will reduce it would be nonsensical to require the that are less than 0.1oz/year/joint. the burden of the final rule compared inspection of other circuits on that Another commenter recommends a with the proposed rule for two reasons. particular appliance. threshold of 10,000 ppm if using leak First, the repair effort itself may take EPA agrees with these three detection equipment, or detection less time. Second, fewer verification commenters. The leak inspection must visible to the naked eye if using tests on the repairs, and recordkeeping encompass all visible and accessible qualitative tests like a soap bubble test. associated with such tests, will be components of an appliance, with Other commenters supported EPA’s needed. certain exceptions specified in the proposed exception that allows a The final regulations include other revised rule. The leak inspection is not technician to use best professional provisions to help ensure that leaks are complete simply because a single judgment to decide that a leak is not repaired consistent with the Rule’s suspected leak is identified. Only caused by a faulty component or provisions, and to address compliance through an inspection of the whole of connection and that the leak would not and enforceability of the leak repair the appliance can an owner or operator be reduced from repair or adjustment. provisions. For example, the final know that the repairs that are to be Some commenters were concerned regulations provide for initial and made will be sufficient to bring the about the diminishing returns of follow-up verification tests, as discussed appliance below the applicable leak repairing all identified leaks. In some below. They also specify that the leak rate. However, a leak inspection need cases, small leaks may actually require rate must be confirmed upon the next extensive repair activities and even refrigerant addition. EPA recognizes that 24 As discussed previously in this notice, EPA is component replacement. Repairing all this will result in some uncertainty finalizing the proposed requirement that the owner identified leaks will extend repair times, because the owner or operator will not or operator conduct a leak inspection of the which for IPR systems may increase the know whether the repair is successful appliance before considering the repair to be complete. Conducting a comprehensive leak costs of the repair or, in the case of until the leak rate is measured at a inspection is the only way to ensure that the owner nuclear generating facilities, increase future date. There are two instances in or operator can identify the repairs necessary to the risk of conducting those repairs. For which EPA will consider a repair to be bring the leak rate below the applicable level.

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not be performed on other appliances at significant leaks or adopting an 80/20 final rule provides, and EPA reiterates, that site. As discussed previously in this rule. Because EPA is not requiring the that the technician must wait until the notice, EPA is clarifying the definition repair of all identified leaks in the final appliance returns to normal operating of appliance such that each separate rule, the number of verification tests characteristics and conditions, which circuit is a separate appliance. While should be reduced. However, as includes operating temperatures, there could be a benefit to proactively explained above, it is important that all pressures, fluid flows, speeds, and other searching for leaks on all other circuits, repairs be verified both for purposes of characteristics, including full charge of there is no obligation to inspect the compliance and enforceability and for the appliance, that would be expected other circuits if only one circuit is purposes of avoiding emissions from for a given process load and ambient leaking and it has been repaired and the leaking appliances. Since owners or condition during normal operation. repair verified. operators have flexibility to determine Some commenters requested that EPA which leaks to repair as long as they can add a reporting requirement for 8. Verification Tests meet the obligation to bring the leak rate technicians to provide owners or The prior regulations at § 82.156(i)(3) below the applicable threshold, they operators with the results of the required verification tests for repairs to may generally consider what are verification tests. These commenters IPR and federally owned commercial significant leaks in their repair effort. expressed that it is difficult to get all of and comfort cooling appliances The verification tests would only apply the documentation that they are containing an ODS refrigerant. to the leaks that were repaired. required to maintain from the Verification tests are performed on One commenter stated that a follow- technicians who generate those records. appliances, or portions thereof, shortly up verification test is unnecessary if EPA agrees with the need to harmonize after they are repaired to confirm that there are periodic leak inspections and the recordkeeping provisions between leaks have been fixed. Without thus they should be eliminated. EPA technicians and owners and operators verification tests, it may take additional disagrees with this comment because a and understands that in order for time for the owner and operator to follow-up verification test and a leak owners and operators to maintain the realize that a repair has been inspection serve two separate purposes. required records of the verification tests, unsuccessful and during that time The verification test is conducted they would need to obtain relevant refrigerant could continue to leak from shortly after the repairs to confirm the information from the person conducting the appliance. EPA is extending this success of those repairs. The leak those tests. For these reasons, EPA is requirement to all required repairs inspections are to identify over the next adding a requirement for technicians to because ensuring that the repairs are year or longer whether new leaks have provide documentation at the done correctly the first time is vital to developed or whether minor leaks have conclusion of each service visit to reducing refrigerant emissions, become more significant and to § 82.157(l)(5). regardless of whether the appliance is determine the location of such leaks. Two commenters suggested that EPA used for IPR, commercial refrigeration, EPA requested comments on whether provide an exception for situations comfort cooling, or is in the category of to require a minimum time between where a follow-up verification test is ‘‘other appliances.’’ initial and follow up verification tests, impossible, for example, when it would EPA is finalizing the requirement at such as one to three hours, to allow an be unsafe to be present when the system § 82.157(e) that owners or operators of appliance to return to normal operating is at normal operating characteristics all types of appliances that are subject characteristics and conditions. Many and conditions. One of the commenters to the leak repair requirements commenters recommended that EPA not recommended that EPA allow a (including those using an ODS or non- establish a minimum time. Commenters standing deep vacuum test in lieu of a exempt substitute refrigerant) perform suggested that the follow-up verification follow-up verification test. EPA both an initial and follow-up test be allowed as soon as the appliance responds that the Agency attempted to verification of repairs every time the returns to normal operating address similar concerns from applicable leak rate is exceeded (unless characteristics and conditions. commenters in 1995. Examples a retrofit or retirement plan is being Requiring a waiting period would included leaks inside a , developed). Most commenters on this increase costs by requiring an additional compressor internals, locations that issue supported the requirement for a service call. Furthermore, high pressure must be insulated prior to start-up, and follow-up verification test. Commenters systems will reveal whether a leak was locations in close proximity to agreed that the combination of an initial properly repaired almost immediately. dangerous hot equipment or moving and a follow-up verification test EPA has considered the burden of parts where access is not possible after provides effective confirmation of conducting verification tests on all reassembly (See 60 FR 40429). At that successful repair. One commenter stated appliances. The Agency understands time, the Agency amended the that requiring the verification of all that most technicians pressure check regulation at § 82.156(i)(3) to state that repairs would be excessively appliances immediately following ‘‘[i]n all cases, the follow-up verification burdensome. The commenter discusses repairs. Such pressure checks would test shall be conducted at normal this burden in the context of the satisfy the initial verification operating characteristics and conditions, proposal to repair ‘‘all identified leaks.’’ requirements. EPA is concerned that unless sound professional judgment The commenter continues that if follow-up verifications may not be a indicates that tests performed at normal amendments to the rule for inspections part of normal operating procedures for operating characteristics and conditions and repairs are adopted in any form, all repairs. This final rule would allow will produce less reliable results, in EPA should adopt verification both initial and follow-up verification which case the follow-up verification provisions that are limited to significant tests to be conducted during the same test shall be conducted at or near the leaks or adopt an 80/20 rule to assure service appointment. Accordingly, EPA normal operating pressure where that the majority of leak repairs are does not expect the requirement for practicable, and at or near the normal verified by a certified technician or verification tests to result in a longer operating temperature where qualified plant personnel. servicing event and thus we do not practicable.’’ EPA had proposed to EPA disagrees with the comment expect this requirement to result in remove that provision to make the about limiting verification provisions to incremental labor costs. However, the regulation clearer and less ambiguous.

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Instead, EPA is modifying that provision unless EPA notifies the source once they are received. EPA is finalizing in the revised regulations at otherwise, rather than requiring owners its proposal to set a limit on the § 82.157(e)(2) to more clearly address or operators to request an extension and extension for the installation of a the concern about safety raised by the wait for EPA approval. Taken together, necessary component. The owner or commenters as well as the original these changes significantly reduce the operator must complete the repair intent of that provision. burden of the leak repair regulations on within 30 days after receiving delivery EPA is also finalizing the proposed owners of comfort cooling and of the component and the total change to clarify that owners or commercial refrigeration appliances and extension may not exceed 180 days (or operators may conduct as many repair to a lesser extent IPR. 270 days if an IPR shutdown is attempts as needed within the initial 30 Based on comments received, EPA is required). days (or longer if an extension is modifying the extension for when To qualify for any of the extensions in available) to repair the appliance. necessary parts are unavailable. Many this section, owners or operators must Consequently, the Agency is explicitly commenters supported EPA’s proposal perform all repairs that can be allowing unlimited verification tests to allow additional time to acquire and completed within the initial 30 or 120 within the required repair window. install a replacement for a leaking day period. Initial verification tests Commenters were supportive of this component. While EPA views installing must be performed on all completed clarification. a component as a type of repair, the repairs. A final verification test may not comments indicate that some owners or be appropriate for the completed repairs 9. Extensions to the 30-Day (or 120-Day) operators consider the replacement of a depending on the nature of the Repair Requirement component as different than the repair remaining repairs and state of the The prior regulations contained of an appliance. Replacing a component appliance. The owner or operator must extensions to the repair or retrofit/ is more costly, requires more time to also document all such repair efforts retirement deadlines under four order, and requires more system and the reason for the inability to make conditions: downtime to install. Owners or the repair. This would include a written • The appliance was mothballed operators may attempt to repair a leak statement from the appliance or (available for all appliances) but upon a failed follow-up verification component manufacturer or distributor (§ 82.156(i)(10)); test may ultimately decide that the stating the unavailability of the • The appliance was located in an whole component where the leak is necessary component and the expected area subject to radiological located needs to be replaced. By the delivery date. contamination or where shutting down time a decision is made to replace the Some commenters stated that any the appliance would directly lead to whole component, there is little time changes to nuclear generating stations radiological contamination (available for remaining within the initial 30 day must undergo extensive engineering and federally owned appliances) repair window to procure and install risk review processes, which (§ 82.156(i)(1)(ii) and (i)(5)(ii)); that component. recommends against the requirement to • Applicable federal, state, or local Based on these comments, EPA is retrofit if they cannot repair the system. regulations made a repair within 30 or modifying the extension for when The commenter noted that extended 120 days impossible (available for IPR) necessary parts are unavailable by downtime of safety systems in such (§ 82.156(i)(2)(i)); or clarifying that the extension is allowed facilities will increase risk to workers • Parts were unavailable (available for when components that must be replaced and may conflict with federal IPR) (§ 82.156(i)(2)(i)). as part of the required repair are not regulations. EPA responds that the While not an extension, IPR facilities available within the initial 30 day time Agency is providing extensions for any were also allowed an initial repair frame (or 120 days if an industrial appliance type subject to radiological period of 120 days rather than 30 days process shutdown is required). This contamination. Previously, this if an industrial process shutdown is extension encourages the proper repair extension was available only for required to complete the repair. In of an appliance, which in EPA’s view, federally owned appliances. EPA is also addition, an exemption to the repair includes the replacement of major not changing the open-ended nature of requirement was allowed for all types of components if necessary, rather than the extensions due to radiological appliances if a dated retrofit or simply patching those components, an contamination or compliance with retirement plan is developed within 30 approach which may not be successful applicable federal, state, or local days and is then implemented within in the longer term. Furthermore, some regulations. Together, this should allow one year of the date developed. owners or operators would prefer to repairs in accordance with the EPA proposed to provide these replace a faulty component before they commenter’s schedule. extensions to all appliance categories, are required to retrofit or retire an entire In some instances, encouraging repair not just IPR and federally owned appliance and believe this could, in may be a preferable environmental equipment. EPA is finalizing these many instances, be an equally effective outcome to requiring the retrofit or proposed extensions, with some means to address needed repairs. This retirement of a leaking system. changes from the proposal. Based on extension should also reduce the Appliances that are to be retired are not comments received, EPA is finalizing a potentially large burden upon owners or required to be repaired. Thus, an modified version for the extension for operators of requiring a large-scale appliance may continue to leak for up when necessary parts are unavailable. retrofit or retirement when replacing the to a year (in addition to extension More specifically, EPA is clarifying that leaking component might satisfactorily opportunities). Under this final rule, the extension is allowed when repair the appliance. leaks must be repaired to bring the leak components that must be replaced as The extensions for repair in the prior rate below the applicable threshold part of the repair are not available regulations are open-ended. While those within 30 days and any component within the initial 30 day (or 120 day) regulations provided only the additional replacement must occur within 6 repair time frame. Also based on time needed to receive delivery of the months. The extension could accelerate comments, EPA is modifying the necessary parts, it did not set an outer the time by which the appliance will proposed changes to allow these limit for delivery nor did it clearly stop releasing refrigerants by making extensions upon notification to EPA, provide time to install the components leak repair seem more attractive or

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feasible for some owners or operators repair the leak and instead retire the retirement plan within 30 days, rather compared with retrofit or retirement of appliance. EPA proposed four revisions than a failed verification test. As a leaking system. to the retrofit/retirement provision. discussed above, EPA is not finalizing Based on the comments received, EPA First, EPA proposed to remove the the proposal to repair all identified is allowing these extensions to be requirement to retrofit or retire an leaks; therefore, EPA is modifying the automatic, so long as EPA is notified. appliance after a failed follow-up trigger to develop a retrofit or retirement Previously, owners or operators would verification test. Second, EPA proposed plan accordingly. In this final rule, a have to request these extensions from to remove the requirement to use a plan must be developed within 30 days EPA and wait for them to be approved. substitute with a lower or equivalent of discovering that an appliance One commenter requested that EPA ODP. Third, EPA proposed to establish continues to leak above the applicable automatically grant the extension where explicit elements of a retrofit/retirement leak rate after having conducted the there are limiting federal, state, or local plan. Fourth, EPA proposed to require necessary repairs and verification tests. laws so long as the owner or operator that all identified leaks be repaired as This provision as finalized is also maintains the proper documentation part of implementing any retrofit plan. narrower and clearer than a ‘‘failure to that demonstrates they satisfy the EPA is finalizing these four proposals, comply with paragraphs (e) and (f) of condition. Another commenter with some modifications based on this section,’’ which EPA proposed, requested that EPA harmonize the comments. because the proposed language could timing of the request with the 30 day Failed Verification Tests. The prior have been interpreted to also include time frame to repair. Previously, a regulations required owners or operators failure to maintain records rather than request had to be made within 30 days of IPR using an ODS refrigerant that failure to repair the appliance. EPA has of exceeding the leak rate but EPA had have failed a follow-up verification test added a provision to clarify that owners an additional 30 days to approve or to develop a retrofit or retirement plan or operators are still required to develop deny the request. There was no clear within 30 days of the failed verification a retrofit or retirement plan even if they tolling of the 30 day repair clock which test and implement the plan within one do not affirmatively choose to retrofit, meant a system could be denied an year. Owners or operators of comfort retire, or repair their leaking appliance. extension after the repair deadline cooling and commercial refrigeration Retrofit/Retirement ODP. EPA’s prior expired. EPA is resolving these appliances were not required to perform regulations required that appliances conflicting schedules by considering verification tests on their repairs and containing an ODS refrigerant, when repair requests approved unless EPA therefore were not subject to this trigger being retrofitted or retired/replaced, use notifies the owner or operator that it is to develop a retrofit or retirement plan. a refrigerant with an equivalent or lower not approved. As discussed in Section IV.F.8 of this ODP. EPA created this provision to Owners or operators must provide the notice, EPA is extending the foster the transition from refrigerants same information to EPA as was requirement to conduct verification tests with high ODPs to ones with a lower or contained in a request for an extension on repairs made to commercial zero ODP. under the prior regulations. The request refrigeration and comfort cooling EPA proposed to remove this must include: Identification and address appliances, increasing the potential requirement and allow for retrofits or of the facility; the name of the owner or universe of appliances affected. retired/replaced appliances to use any operator of the appliance; the leak rate; Both prior to initiating this refrigerant (other than the one currently the method used to determine the leak rulemaking and through comments used in that appliance in the case of rate and full charge; the date a leak rate received on the proposed rule, retrofits), so long as it is acceptable for above the applicable leak rate was appliance owners/operators have use under SNAP. This proposed discovered; the location of leak(s) to the expressed their concern to EPA that the revision would not relax the prior extent determined to date; any repair requirement to retrofit or retire an entire requirements with respect to HCFCs work performed thus far, including the appliance because it has failed a since the regulations implementing date that work was completed; the verification test is not always practical sections 605 and 606 of the CAA already reasons why more than 30 days are or necessary. In their view, a failed prohibit the use of virgin HCFCs in needed to complete the repair; and an verification test should indicate to a appliance manufacture (as of January 1, estimate of when the work will be technician that further repair work 2010, for HCFC–142b and HCFC–22; completed. needs to be performed to properly fix and as of January 1, 2020, for other If an extension to the earlier the leak, not a regulatory requirement to HCFCs) and thus installation and submitted completion date is necessary, begin retrofitting or retiring the retrofit of such appliances would not the owner or operator must still submit appliance. As EPA discusses in the occur. As explained in the proposal, a request to EPA with a new estimated section on follow-up verification tests, requiring the use of a refrigerant with a date of completion and documentation in the revisions finalized in this rule lower or equivalent ODP could be of the reason for that change. The EPA is allowing as many repairs and problematic if the requirement were request must be within 30 days of follow-up verification tests as are read strictly because some non-exempt identifying that further time is needed. necessary to fix the appliance within the substitutes like HFOs that are not The owner or operator must keep a required time frame. Accordingly, classified as an ODS have a negligible, dated copy of this submission and proof consistent with these comments, the but non-zero, ODP. For example, trans- that it was submitted. revised regulations no longer require an 1-chloro-3,3,3-trifluoroprop-1-ene (also owner or operator to retrofit or retire an known as 1233zd(E)) has an ODP 10. Retrofit or Retirement Plans entire appliance simply because it has between 0.00024 to 0.00034 and a GWP The previous regulations at failed a verification test. between 4.7 to 7 (see 77 FR 47768). § 82.156(i)(6) required an owner or EPA proposed that failing to comply Under a strict interpretation, an owner/ operator of an appliance that exceeds with ‘‘paragraphs (e) and (f) of this operator would not be able to replace an the applicable leak rate to develop a section,’’ which included the proposed R–134a chiller with a 1233zd(E) chiller retrofit or retirement plan generally requirement to repair all identified leaks in the future because R–134a has an within 30 days if they were unable to and verify all repairs, would trigger a ODP of zero and the olefinic refrigerant repair the leak or simply choose not to requirement to develop a retrofit or has an ODP greater than zero. This

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could prevent transition to low-GWP • Type (i.e., ASHRAE number) and One commenter also stated that the alternatives. full charge of the refrigerant to which plan does not need to be kept onsite Some commenters suggested that EPA the appliance will be converted, if with the appliance, so long as it can be should require a retrofit to an acceptable retrofitted; made available to EPA and that it is also substitute under SNAP, with one • Itemized procedure for converting unnecessary for a plan to be signed commenter suggesting that it be a lower the appliance to the new refrigerant, because staff, including the person who GWP alternative than the refrigerant including changes required for initially signed the plan, could change. currently being used. Another compatibility (for example, procedure The commenter believes it is sufficient commenter suggested that if the SNAP- for flushing old refrigerant and for EPA to be told who is responsible for approved refrigerant with the lowest lubricant; and changes in lubricants, the plan when it is provided to the available GWP is being used, EPA filters, gaskets, o-rings, and valves), if Agency. EPA responds that it is should allow for documented repairs retrofitted; appropriate for the plan to be accessible and quarterly leak inspection in place of • Plan for the disposition of at the site of the appliance. The forced system retirement. recovered refrigerant; previous rules required that the original Other commenters questioned the • Plan for the disposition of the plan or a legible copy be kept at the site value of retrofitting a system that appliance, if retired; and of the appliance. This could imply already uses substitute refrigerants and • Schedule for completion within one maintaining a printed version of the suggest that retrofit plans should not be year of the appliance retrofit or plan with the appliance. EPA is required for non-ODS equipment. One retirement. finalizing the proposal to allow for the commenter viewed the existing rules as Some commenters stated that this is plan to be ‘‘accessible’’ at the site of the providing an opt-out incentive to excessively detailed and includes appliance, which includes an option to owners that voluntarily retrofit to a non- information that is unlikely to be known have the plan be ‘‘accessible’’ in ODS. The commenter requested that immediately upon deciding to retrofit or electronic format. This provides EPA retain this feature so that owners retire an appliance. One commenter sufficient flexibility for the plan’s that switch from a high-GWP refrigerant noted that it will take time to perform storage while still allowing for the plan to a low-GWP refrigerant similarly the necessary engineering evaluations to be quickly available upon request. It benefit. Similarly, a commenter and investigate the costs and timing is also important that the plan be signed questioned how retrofitting helps the so that the authorized representative has owner/operator if the rules for HFCs are associated with the available options. The commenter provided revised taken responsibility for the plan and so the same as for ODS. that EPA can identify who that person EPA responds that the Agency is regulatory text to remove reference to is and the date the plan was created. finalizing provisions that encourage the the type of refrigerant and full charge for repair of leaking systems instead of the retrofitted system, the procedure for Requirement to Repair Appliances requiring the retrofitting or retirement of converting the appliance to a new Undergoing Retrofit. Under the prior those systems. Most significantly, EPA refrigerant, and the schedule for regulations at § 82.156(i)(6), owners or is finalizing the proposal to allow all conducting the retrofit or retirement. operators were not required to repair comfort cooling, commercial EPA responds that the shortest time leaks if they developed a retrofit or refrigeration, and IPR appliances the frame in which a retrofit or retirement retirement plan. EPA proposed to opportunity to extend the deadline to plan would have to be developed is require that all identified leaks be repair leaking appliances beyond 30 when, upon discovering a leak, the repaired as part of any retrofit under days (or 120 days if an industrial owner or operator immediately chooses such a plan. EPA is finalizing the process shutdown is required). It is not to retrofit or retire the appliance upon requirement that a system being the Agency’s intention to use the retrofit discovering that leak. In that retrofitted must be simultaneously or retirement requirements in the circumstance the plan would be repaired as part of the retrofit. EPA is subpart F regulations to dictate specific developed within 30 days. In all other also finalizing the proposed requirement refrigerant choices. The revisions to circumstances, the owner will have 30 that the owner or operator repair ‘‘all these regulations are intended to days from when repair attempts have identified leaks’’ as part of the retrofit, provide as much flexibility to the owner failed, including repairs attempted rather than allowing selective repairs or operator to decide what is under various extensions, to develop the that would bring the appliance below appropriate for their system. plan. the applicable leak rate. Although this Elements of a Retrofit or Retirement While some information may not be differs from the requirements for leak Plan. EPA has not previously specified available in that time frame, the owner repair discussed in Section IV.F.7, a what elements should be included in a or operator can develop an initial plan retrofit is a more extensive change to a retrofit or retirement plan. Due to the within 30 days and then modify it as system, during which time components complex nature of refrigeration additional information is determined. may be replaced and more appliances, an exhaustive list may not For example, owners or operators may comprehensive leak repair can be fit all types of appliances considering not know within the allotted time frame performed. the wide array of configurations and what the itemized procedure will be 11. Extensions To Retrofit or Retire refrigerant choices. Based on requests until they finalize plans for the retrofit Appliances from stakeholders, EPA proposed a or retirement. The plan could indicate minimum set of information that is what steps must be taken in order to Under the prior regulations at likely to be needed during any type of have enough information to make the § 82.156(i)(6), an owner or operator retrofit or retirement to be included in necessary determinations. The generally was required to complete the a plan, including: information required in the plan is not retrofit or retirement of a leaking • Identification and location of the excessively detailed because the owner appliance containing an ODS within appliance; or operator will need to know this one year of creating a retrofit or • Type (i.e., ASHRAE number) and information in order to properly dispose retirement plan. Extensions were full charge of the refrigerant currently of the old appliance and install the available in the following used in the appliance; replacement. circumstances:

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• If delays were caused by encourages the use of refrigerants that since EPA is expanding the universe of requirements of other applicable federal, are more toxic, hazardous, or flammable appliances subject to the retrofit/ state, or local laws or regulations than HFCs. retirement plan requirements to include (available for IPR); EPA responds that the first comment those that use non-exempt substitute • If a suitable replacement refrigerant is correct that the refrigerants that are refrigerants. EPA agrees that an with a lower ODP was unavailable exempt from the venting prohibition, appliance need not be retrofitted or (available for IPR); such as carbon dioxide (R–744), and the retired if it can be demonstrated that the • If the supplier of the appliance or hydrocarbon refrigerants ethane (R– repairs bring the leak rate of the a critical component quoted a delivery 170), propane (R–290), (R– appliance below the threshold leak time of more than 30 weeks from when 600a), and R–441A in certain uses, have rates. In the instance of a retrofit, the order was placed (available for IPR); an ODP of zero and low GWPs ranging because EPA is requiring that all • If complications presented by the from one to eight. EPA further notes that identified leaks be repaired, it is appropriations and/or procurement subject to 40 CFR subpart G, many of possible that the appliance could be process resulted in a delivery time of the refrigerants exempt from the venting repaired to such an extent as to not need more than 30 weeks (available for prohibition are not acceptable when to complete the retrofit. federally owned appliances); or retrofitting certain types of equipment; EPA is concerned, however, about • If the appliance was located in an hence, in most cases these exempt whether this provision could provide a area subject to radiological refrigerants would be used in new mechanism to delay repairs. To contamination and creating a safe equipment replacing the leaking system. discourage this, EPA is requiring that all working environment will require more One reason to provide more time for identified leaks be repaired consistent than 30 weeks (available for federally retrofitting or replacements for exempt with the retrofit requirements, rather owned appliances). substitutes is to allow time to purchase than merely fixing leaks sufficient to EPA proposed at § 82.157(i) four and install new equipment. With bring the appliance below the substantive revisions to these respect to the points made by the applicable leak rate, which is what EPA extensions. First, as with all other leak second comment, the refrigerant must is finalizing for repairs required under repair provisions, EPA proposed to be approved under SNAP for the end- § 82.157(d). EPA is also revising the apply these extensions to appliances use in order to be used. A company reporting elements that were found in containing non-exempt substitute choosing to move to one of these the prior regulations related to this refrigerants. EPA is finalizing this alternatives would reasonably be provision. Rather than allowing the revision, as proposed. expected to consider safety owner or operator to merely provide Second, EPA proposed to remove the characteristics of the refrigerant. notice to EPA, the Agency is requiring extension for when a suitable Moreover, for refrigerants that are that the owner or operator request that replacement refrigerant with a lower exempt from the venting prohibition, EPA relieve them of the obligation to ODP is not available. EPA established the Agency has already determined that retrofit or retire the appliance. Like this extension when certain applications the release of these substances do not other requests in the leak repair using CFCs did not have a suitable pose a threat to the environment as part provisions, the request will be HCFC substitute. Today, there are many of the decision to exempt them from the considered approved unless EPA more substitutes for ODS refrigerants. In venting prohibition. Accordingly, EPA notifies the owners or operators fact, few appliances can be newly is finalizing this extension as proposed. otherwise within 60 days of receipt. The installed or retrofitted with virgin ODS Fourth, the prior regulations at request must also provide other because of the HCFC use restrictions § 82.156(i)(3)(v) relieved owners and information about the equipment and implementing section 605 of the CAA. operators of IPR appliances of the the repair, such as an explanation of As discussed previously in this notice, requirement to retrofit or retire their why the repair was not conducted EPA is removing the requirement that a appliances if they established that the within the time frames required under retrofit use a refrigerant with a similar appliance’s leak rate is below the § 82.157(d) and (f). This approach or lower ODP. Therefore, the rationale applicable rate within 180 days of an provides flexibility for owners and for this extension no longer exists and initial failed follow-up verification test operators while avoiding it becoming EPA is removing it as proposed. EPA is and they notified EPA within 30 days of simply an extension of the duty to accordingly also removing the term that determination. EPA proposed to repair because of the increased level of suitable replacement refrigerant from remove this provision because it was repair and the information requirements the definitions in § 82.154, as proposed. infrequently used and because other associated with its use. EPA anticipates Third, EPA proposed a new extension extensions, in particular the extension this will be most useful in situations at § 82.157(i)(1) if the appliance is to be to receive a replacement component, where the root cause of the leak is not retrofitted to or replaced with a should provide sufficient flexibility for identified until after a retrofit/ refrigerant that is exempt from the IPR and other appliances. retirement plan is developed. venting prohibition as listed in Multiple commenters recommended Finally, EPA proposed to revise the § 82.154(a). In that situation, EPA that EPA retain this exemption because extension for IPR to implement a retrofit proposed to allow an extension up to 18 there may be situations where the root plan where a supplier of the appliance months. Whereas the prior extensions cause of a leak is not identified until or a critical component has quoted a were only available to IPR and federally after a retrofit/retirement plan is delivery time of more than 30 weeks owned appliances, EPA proposed to developed. The commenters stated that from when the order is placed. EPA make this extension available to comfort an appliance need not be retrofitted or proposed to modify this to mirror the cooling and commercial refrigeration retired if it can be demonstrated that it extension allowed for the repair of an appliances as well. is repaired. appliance in this situation, such that the Some commenters were supportive of Based on these comments, EPA is not appliance or appliance components this proposal as a way to encourage finalizing its proposal to remove that would have to be installed on the transition to zero-ODP and low-GWP provision. Just because it is not retrofitted appliance within 120 days refrigerants. Other commenters were frequently used does not mean that it after receiving delivery of the necessary opposed to the proposal because it may not be used in the future, especially parts. Previously, this extension allowed

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for one additional year beyond the one- component. Commenters that operate this final rule will help address chronic year retrofit period. EPA inadvertently supermarkets were especially concerned leakers. For example, strengthening the removed a provision, found previously about the requirement to retire the leak repair regulations by lowering the at § 82.156(i)(7)(iii), that further appliance given that EPA’s definition of rate at which the initial repairs must be extended this extension for the delivery appliance includes all of the display performed, requiring leak inspections and installation of critical components cases and coolers attached to the prior to those repairs, verification tests without discussion in the notice of refrigerant circuit. This requirement of those repairs, and subsequent leak proposed rulemaking. EPA is restoring would result in the scrapping and inspections after the repair, will reduce that provision at § 82.157(i)(2)(iii). EPA replacement of perfectly good the number of chronically leaking notes that the Agency correctly components. Another commenter for systems. proposed a similar extension for similar reasons suggested that IPR be Data received from CARB and other federally owned appliances in exempt from the retirement sources indicate that there are systems § 82.157(i)(3)(iii). responsibility due to their unique that may not be adhering to the leak nature, although the commenter repair requirements of subpart F. Some 12. Chronically Leaking Appliances believed comfort cooling and commenters, even those opposed to the EPA proposed to add a total leak limit commercial refrigeration could remain specific proposal offered by EPA, agree to the repair requirement to address subject to the 2 year leak limit. If EPA that the worst chronic leaking systems chronically leaking systems. Under that chose to finalize this leak limit, many may warrant special consideration. proposal, an appliance containing 50 or commenters requested an off-ramp However, they found the proposed more pounds of refrigerant may not leak provision from the automatic retirement provision both overly broad and overly more than 75 percent of its full charge for catastrophic leaks resulting from harsh in its outcome. Some commenters in two consecutive twelve-month accidents, vandalism, acts of nature, proposed alternate methods of periods and remain in use. If an non-mechanical failures, or on a case- addressing chronically leaking systems. appliance exceeded the two year leak by-case decision upon notifying EPA. One commenter stated that a limit, the owner or operator would be In response to the significant concerns requirement to properly document out of compliance until the appliance raised by commenters, EPA is not causes for large leaks and to establish was retired or mothballed and later finalizing this proposed two year leak corrective actions would likely be more retired. limit. EPA is aware of the many effective at reducing large leaks than For the proposed rule, EPA reviewed situations in which a system can leak simply imposing a two year leak limit data reported to CARB to determine large quantities of refrigerant in that would result in a unit being retired. whether such a total leak limit would be consecutive years. For instance, it is CARB recommended that if both (a) the necessary and, if so, what the limit possible, though rare, for two annualized leak rate exceeds 100 should be. In 2013, approximately 8 catastrophic leaks to occur on the percent more than 4 times in the percent of reporting appliances had system through no fault of the operator. previous 365 days and (b) more than leaked more than 75 percent of their full Although EPA requested comments on a 120 percent of the total charge has been charge over the calendar year and were possible exemption for catastrophic added in the previous 365 days, the responsible for 38 percent of total leaks, it is clear from the comments that system or faulty component should be reported emissions. Due to the high there is a wide range of opinions about retired. EPA considered CARB’s chronic leaks of such appliances, the what a catastrophic leak is, and what approach and finds it attractive for a environmental benefit of establishing a can cause such a leak. Because EPA is couple of reasons. This alternative has cumulative leak limit could be large. not finalizing this provision, it is not the benefit of considering the number of Nonetheless, the number of appliances defining the term catastrophic leak at refrigerant additions in addition to the affected by this proposed limit should this time. total amount of refrigerant released, be low. EPA also assumed that, absent thereby removing appliances affected by Environmental NGOs and state catastrophic leaks, it was unlikely for a catastrophic leaks. It also would take pollution control agencies were system to be in compliance with other effect after one year, which will cut in supportive of the proposed two year parts of subpart F while still leaking at half the time in which refrigerant is leak limit, with one NGO suggesting a this rate. EPA generally anticipates that being released into the environment. leak limit of 55 percent instead of 75 a leaking appliance will be repaired However, this approach would still percent. A chemical manufacturer was within 30 days to six months. However, require the automatic retirement of also supportive if the proposal allowed the leak repair regulations contemplate these systems, which some commenters an exemption for unavoidable situations in which an owner or found to be too strict a penalty. catastrophic leaks. Many other operator is unable to repair or The chronically leaking appliance commenters expressed strong subsequently retrofit a system in a provision, as proposed, would apply to opposition to the proposed two year timely fashion (e.g., federally owned appliances containing 50 pounds or leak limit, describing it as redundant, equipment located in areas subject to more of refrigerant that leak more than unnecessary, or punitive. Commenters radiological contamination, 75 percent of the full charge in each of state that there are many reasons why an unavailability of necessary parts for IPR, two consecutive twelve-month periods. appliance may leak in excess of 75 or adherence to local, State, or federal Based on the comments, EPA is revising percent for two consecutive years even laws hinder repairs for IPR). Based on the chronically leaking appliance though the appliance is in good feedback from stakeholders from provision. EPA is requiring that owners condition. For example, commenters meetings docketed in this rule, EPA is or operators of appliances that leak 125 expressed that it is possible for two aware of instances where appliances percent of their full charge in a calendar large volume leaks to occur from leak refrigerant in excess of 75 percent year submit a report to EPA detailing unrelated components. Multiple but are still in compliance with the their repair efforts. The reports must be commenters stated that owners should other leak repair regulations. submitted no later than March 1 of the not have to mothball an appliance While EPA wishes to reduce year following the 125 percent or greater where the cause of the leak can be chronically leaking systems, EPA leak. Through that report, the owner or remedied by the replacement of a believes other practices required under operator must demonstrate that they are

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in compliance with the repair The prior regulations also required universe of affected appliances will provisions or the retrofit or retirement that certain records be kept in hard copy decrease by 81 percent relative to the provisions in this section. In some at the site of the appliance. Under the proposal (from 1.5 million to 282,000 cases, owners or operators may have revisions finalized in this rule, EPA is appliances). Though there are fewer leak already provided information to EPA as explicitly allowing, though not inspections, EPA estimates a higher part of a repair or retrofit extension requiring, electronic records in this final total burden because the Agency has request. rule. EPA recognizes that many increased the estimates for the costs of By raising the threshold, EPA intends companies employ electronic databases each inspection based on public to avoid capturing appliances affected to store and track records. An electronic comments. Second, EPA is only by unavoidable losses of full charge. recordkeeping system has advantages to requiring repairs sufficient to bring the Systems would have to lose their full paper records, and EPA encourages leak rate below the threshold leak rate, charge and then a significant quantity owners and operators of appliances to rather than requiring the repair of all more. Using CARB data and scaling up use one of these systems to track identified leaks (unless the owner or to the whole U.S., EPA estimates that refrigerant additions and other required operator chooses to calculate their leak 1,425 appliances (or 0.1 percent of all records. Electronic systems allow for rate using the Rolling Average method). appliances with 50 or more pounds of more comprehensive refrigerant There should be fewer verification tests refrigerant) would be affected at 125 management and can help identify leaky and thus less to record. percent of full charge. appliances earlier. These records must EPA is finalizing the leak inspection Like CARB’s approach, this would still be accessible onsite if an EPA records as proposed. Specifically, apply after one year rather than waiting inspector visits a facility, but that access owners or operators must keep records for a second year of high leaks. As such, can occur through downloading or of leak inspections that include the date it will catch chronic leakers sooner than printing the records from an online of inspection, the method(s) used to the provision EPA proposed. Several system. conduct the leak inspection, a list of the commenters contended the opportunity Owners and operators. The previous location of each leak that was identified, for a case-by-case determination is rules required owners and operators to and a certification that all visible and necessary to account for the variety of maintain service records documenting accessible parts of the appliance were situations that might trigger the the date and type of service, as well as inspected. The specificity of the leak chronically leaking appliance the quantity of ODS refrigerant added. inspection documentation is provisions. They contended that EPA proposed to add specific appropriate because this information without the opportunity for a case-by- recordkeeping requirements to ensure will help demonstrate that the repair case determination, the provision will that the owner or operator is aware of has brought the appliance’s leak rate force the retirement of working the leak rate. EPA also proposed to below the threshold leak rate. This equipment. EPA’s revised approach is require that the owner or operator information would allow the owner or similar to what many commenters maintain records of all calculations, operator to demonstrate, if needed, that suggested in that it allows for a case-by- measurements, and assumptions used to a further exceedance of the leak rate case discussion after notifying EPA. determine the full charge and any threshold after repairing leaks is due to Adding this reporting requirement also revisions made to the full charge over a new leak rather than a leak that was furthers EPA’s goal of revising these time. EPA also proposed records for the previously identified but not repaired. regulations to improve enforcement and leak inspections or automatic leak EPA is also finalizing the verification compliance of the regulations in subpart detection equipment, verification tests, test records as proposed. Specifically, F. This will incentivize many owners and seasonal variances. owners or operators must maintain and operators to improve their systems Some commenters stated that the records that include the location of the to ensure that they do not trigger this recordkeeping for the newly proposed appliance, the date of the verification reporting requirement. requirements will be a significant tests, the location of all repaired leaks Comments were mixed as to whether burden. One commenter stated that the that were tested, the type of verification the chronically leaking appliance recordkeeping from all of the leak test used, and the results of those tests. provisions should be calculated based inspections would be a large burden and It is important to document that each on calendar year, 12-month consecutive urged EPA to minimize that burden in specific repair was verified so as to periods, or whether regulated entities the final rule. Another stated that determine whether a repair was should be given the discretion to choose requiring detailed information on the successful and whether the leak has one or the other. These concerns are location of all repaired leaks with the been addressed. EPA is not requiring partially moot, given that EPA has type of verification test would be a such specificity as a schematic of that changed this requirement to allow for substantial burden and would require individual appliance showing the reporting to EPA in lieu of a retrofit or enhanced service records tailored to locations of all repairs and verification retirement. EPA is finalizing provisions individual equipment. The commenter tests. However, information should stating that the 125 percent is based on suggested EPA require instead only the allow a technician to generally know calendar year so that entities do not date and results of initial and follow-up which components of the appliance need to calculate refrigerant additions verification tests. were repaired. on a rolling basis. EPA responds that the Agency In this final rule, EPA is establishing recognizes the concerns about the extent the recordkeeping requirements 13. Recordkeeping of the proposed recordkeeping burden. described generally in this section for The prior regulations contained EPA is finalizing the recordkeeping owners and operators of appliances recordkeeping and reporting provisions requirements as proposed but is normally containing 50 or more pounds for all of subpart F at § 82.166. As modifying the final rule to reduce the of class I, class II, or non-exempt proposed, EPA is finalizing a number of such records. First, EPA is substitute refrigerant. All records recordkeeping paragraph at § 82.157(l) only requiring leak inspections on required in § 82.157(l) must be and a reporting paragraph at § 82.157(m) systems that have exceeded the maintained for at least three years. within the leak repair section to make applicable leak rate, rather than on all • Maintain records documenting the these requirements easier to locate. appliances. EPA estimates that the full charge of appliances;

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• Maintain records, such as invoices records that technicians must provide to and that is relevant to calculating the or other documentation showing when owners/operators and suggested that leak rate and full charge, but the owner refrigerant is added or removed from an EPA maintain only the current or operator is well positioned to appliance, when a leak inspection is recordkeeping requirements for determine those numbers because they performed, when a verification test is technicians. should have the historical information conducted, and when service or Multiple commenters requested that that informs that calculation. maintenance is performed; EPA remove the proposed requirement Accordingly, it is not necessary for the • If using an automatic leak detection that technicians provide the owner or technician to calculate the leak rate and system, maintain documentation that operator with the full charge of the EPA has modified the requirement at the system is installed and audited or appliance or the leak rate calculations § 82.157(b) to explicitly state that it is calibrated annually and records of when because technicians often do not have the owner or operator’s responsibility to the monitoring system identifies a leak sufficient information, such as the date calculate the leak rate. Because the and the location of the leak; of last service, to make those owner and operator is also required to • Maintain retrofit and/or retirement calculations. Other commenters calculate the full charge it is no longer plans; requested that the Agency require the a relevant record for the technician to • Maintain retrofit and/or extension technician provide the owner or provide. requests submitted to EPA; operator with information about the The final rule also explicitly requires • If a system is mothballed to initial and follow-up leak repair that persons conducting the initial or suspend a deadline, maintain records verification tests that matches what EPA follow-up leak repair verification test documenting when the system was proposed to require the owner or must, upon conclusion of that service, mothballed and when it was brought operator to maintain. provide the documentation needed to back on-line (i.e., when refrigerant was After considering the comments, EPA meet the owner or operator’s added back into the appliance); is finalizing its proposal to align the recordkeeping requirements. This • Maintain records of purged and records that the technician must provide furthers the goal of aligning the destroyed refrigerant if excluding such to the owner or operator with the technician and owner or operator’s refrigerant from the leak rate; records that the owner or operator are recordkeeping requirements. • Maintain records to demonstrate a required to maintain, with a few seasonal variance; and exceptions described below. In response 14. Reporting • Maintain copies of any reports to the comment that EPA maintain only The existing regulations require that submitted to EPA under § 82.157(m). the current recordkeeping requirements owners or operators report to EPA in Technicians. The prior rules required for technicians, the service technician is certain circumstances. EPA is not technicians to provide an invoice or generally in the better position to making changes to those reporting other documentation that includes the generate those records as they are requirements in this final rule: amount of ODS refrigerant added to the performing the service activities and • If the owner or operator is owner or operator. This would likely usually are the expert that the appliance requesting an extension to the 30-day already include information on the owner or operator is relying on to make (or 120-day) requirement to complete system serviced, the date, and the informed decisions about their repairs pursuant to § 82.157(f); company/person servicing the appliances. Finalizing these • If the owner or operator is appliance. It would likely also include requirements for technicians should requesting an extension to complete a some description of the service help ensure that the appropriate records retrofit or retirement of an appliance provided. However, the information that are created so that they can be pursuant to § 82.157(i); or the technician was required to provide maintained. • If the owner or operator is did not match the information that the Specifically, EPA is requiring that excluding purged refrigerants that are owner or operator was required to whenever an appliance with 50 or more destroyed from annual leak rate maintain. The limited records that the pounds of refrigerant is maintained, calculations pursuant to § 82.157(k). prior regulations required from service serviced, repaired, or disposed of, the EPA is also finalizing two reporting technicians also did not provide technician must provide the owner or requirements that were not contained in information needed by the owner or operator with an invoice or other the proposed rule. First, EPA is operator to make decisions on the fate documentation that indicates (1) the requiring at § 82.157(j) that owners or of the appliance. EPA proposed to align identity and location of the appliance; operators submit a report if their the records that the technician must (2) the date and type of maintenance, appliance leaks 125 percent or more of provide to the owner or operator with service, repair, or disposal performed, the full charge in a calendar year and the ones that the owner or operator are including the location of repairs and the thereby triggers the chronically leaking required to maintain. results of any verification tests or leak appliances provision. EPA is adding this Multiple commenters noted that inspections (if applicable); (3) the name report to provide added flexibility, so owners or operators must expend a and contact information of the person that appliances that have leaked 125 tremendous amount of effort to obtain performing the maintenance, service, percent of their full charge or greater do good records from outside service repair, or disposal; and (4) the amount not necessarily need to be retired or providers. Often facility owners are and type of refrigerant added to and/or retrofitted provided there is an provided incorrect or incomplete removed from the appliance (if explanation for the leak. This report paperwork or are unable to obtain applicable). must explain the reason for the leak rate paperwork at all. The commenters were Based on the comments, EPA is not of 125 percent or greater and could generally supportive of EPA’s proposal finalizing a requirement that the potentially include, among other things, that would make it a requirement for technician calculate the leak rate or the documentation prepared to extend technicians to provide the necessary provide the owner or operator with a the repair requirement or a description information to the owner or operator of record indicating the full charge of the of catastrophic events. As discussed the appliance. However, one commenter appliance. The rules as finalized require earlier in this notice, this reporting stated that the record for the proposed the technician to provide information requirement is based on comments rule does not justify the extent of that they are best positioned to gather received to remove the two-year leak

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limit and allow for case-by-case EPA responds that in general, EPA is or imported recovery and/or recycling evaluations. not requiring that owners or operators equipment used during the disposal of Second, this final rule contains a calculate the sum total of refrigerant all appliances, including MVACs and provision allowing owners or operators leaked annually or submit those data to MVAC-like appliances, also be certified. who are retrofitting or retiring an EPA. The volume of reporting would be One commenter agreed that recovery appliance to request that EPA relieve substantial and for a majority of and/or recycling equipment for use with them of that obligation if they can appliances would be of limited value to non-exempt substitute refrigerants establish within 180 days of the plan’s EPA or the general public. However, should be certified. This comment date that the appliance no longer owners or operators of equipment that supports EPA’s approach. exceeds the applicable leak rate. This leaks 125 percent of the total charge in EPA proposed that all existing provision is contained in the prior a calendar year will have to calculate recovery and/or recycling equipment regulations. EPA had proposed to their total refrigerant additions to that met certification requirements for remove it, but based on comments determine whether they have met that ODS prior to this rulemaking would be requesting that it be left in place, EPA threshold. EPA finds that there is merit considered as certified for non-exempt is not finalizing the proposal to remove for those chronically leaking systems to substitute refrigerants. EPA is further it. EPA is requiring information be perform this calculation and report to clarifying that if a person who recovers included in the report that is similar to EPA because that will encourage those refrigerant has recovery equipment that the previously existing requirement owners or operators to take steps to was certified as meeting the except EPA is additionally requiring a ensure they do not meet or exceed that requirements for an ODS refrigerant, it description of why the repair was not threshold. can be used to recover other non- conducted within the time frames flammable refrigerants in that pressure required under paragraphs (d) and (f) of G. Revisions to the Standards for category. For example, recovery this section. In addition, it must include Recovery and/or Recycling Equipment equipment manufactured in 2015 that a signed statement that all identified in § 82.158 was certified to recover HCFC–22 can be leaks will be repaired and an estimate 1. Background used to recover other non-ODS of when those repairs will be completed refrigerants like R–407A, R–407C, or R– (not to exceed one year from date of the Under the prior regulations, all 410A. However, proper care should be plan). These additional elements are refrigerant recovery and/or recycling taken to prevent refrigerant mixing if necessary to ensure that this provision equipment manufactured or imported using the same recovery device with is not used as a way to circumvent the on or after November 15, 1993, and used multiple refrigerants. required time frames for repair. during the maintenance, service, repair, One commenter noted that additional EPA is not finalizing the proposed or disposal of appliances containing an equipment testing would be required if requirement for the report that would ODS refrigerant must be certified by an the equipment manufacturers want have accompanied an extension request approved equipment testing older equipment to handle newer non- from federal agencies to conduct less organization to ensure that it meets exempt substitute refrigerants. EPA frequent leak inspections in the certain performance standards. These responds that all equipment proposed rule. EPA is not finalizing this standards may vary for certain manufactured or imported on or after proposed extension and thus the equipment intended for use with the January 1, 2017, must be tested under reporting element is no longer disposal of small appliances. These the new standards. This is true of older necessary. performance standards were contained equipment designs previously certified EPA is also finalizing the requirement in tables 2 and 3 of § 82.158, as well as for ODS which have not been tested for that all reports be submitted to EPA via appendices B1, B2, and C of subpart F. substitute refrigerants. However, any email at [email protected], as EPA based these standards in large part equipment manufactured or imported proposed. If the submission contains on ARI (now AHRI) Standard 740–1993 prior to the effective date is confidential business information, and ARI Standard 740–1995. Recovery grandfathered and does not have to be reports can be mailed to the address in and/or recycling equipment intended recertified. Technicians can continue to § 82.160. This should reduce costs and for use during the maintenance, service, use previously certified recovery streamline the reporting process for both repair, or disposal of MVAC and MVAC- equipment that they already own. As EPA and those reporting. It is also like appliances must meet the standards has been the case when EPA has consistent with EPA’s Next Generation in subpart B. The regulations pertaining previously changed equipment Compliance initiative. Commenters to MVACs refer to subpart B and state standards, EPA does not require generally supported the move towards that such recovery and/or recycling technicians to recertify or replace their electronic reporting and recordkeeping. equipment must meet the standards of existing equipment. Two commenters requested that the § 82.36(a). EPA is adding appendices B3 and B4, Agency require that owners and based on the AHRI Standard 740–2016, operators keep a record of the amount 2. Extension to Substitute Refrigerants Performance Rating of Refrigerant of refrigerant leaked annually to the In the revisions finalized in this rule, Recovery Equipment and Recovery/ atmosphere by refrigerant type and that EPA is requiring that all recovery and/ Recycling Equipment. The recovery this information be reported to EPA. or recycling equipment manufactured or standard is the same in both Additionally, the commenters requested imported for use during the appendices; the difference between the that EPA make the data related to the maintenance, service, repair, or disposal two, as discussed later in this notice, is emissions of refrigerants publicly of appliances (except small appliances, that appendix B4 contains additional available. In accordance with the MVACs, and MVAC-like appliances) safety standards for flammable transparency element of the Next that contain non-exempt substitute refrigerants. EPA proposed to base Generation Compliance initiative, the refrigerants be certified by an approved appendices B3 and B4 on AHRI general public could then point out equipment testing organization as being Standard 740–2015 but is using the violations and owners and operators capable of meeting certain performance most recent version of that standard for would have an incentive to correct standards. EPA is requiring that after the final rule. All new equipment excessively leaking appliances. January 1, 2017, all newly manufactured manufactured or imported on or after

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January 1, 2017, must meet the refrigerants to appendix B4. Currently, applicable requirements of subpart F. standards in appendices B3 or B4 and six flammable non-exempt substitute EPA received one comment in support table 2. The evacuation level would refrigerants are approved for use in of taking this action. depend upon the saturation pressure of stationary refrigeration and air- EPA created this provision in 1993 the refrigerant. EPA is also updating conditioning equipment: HFC–32, HFC– when the Agency first required that appendix C ‘‘Method for Testing 152a, R–406A, R–411A, R–411B, and recovery and/or recycling equipment be Recovery Devices for Use with Small HFO–1234ze(E). certified and that technicians use Appliances’’ to reference all refrigerants, EPA is using AHRI Standard 740– certified equipment. At the time, the use instead of the previously referenced 2016 as the basis for the recycling and/ and availability of recovery and/or CFC–12. or recovery equipment requirements in recycling equipment was not as Certifying refrigerant recovery and/or appendix B3. This standard does not commonplace as it is today. Equipment recycling equipment for use with non- address the safety of recovering certification by owners demonstrated to exempt substitutes serves multiple flammable refrigerants. EPA is therefore EPA that equipment was available for purposes. First, certification provides creating appendix B4, which requires use by certified technicians. In reliable information on the ability of the recovery/recycling performance of particular, EPA was interested in the equipment to minimize emissions of appendix B3 and the safety performance capabilities of grandfathered, or pre- these substitute refrigerants, by of Underwriters Laboratories (UL) 1993, equipment. Since certified measuring and/or establishing standards Standard 1963–2011, Supplement SB— recovery and/or recycling equipment is for recovery efficiency (vacuum level) Requirements for Refrigerant Recovery/ now commonly available, EPA no and maximum emissions from air Recycling Equipment Intended for Use longer needs the information contained purging, oil draining, equipment with a Flammable Refrigerant. All in the certification statement such as the clearing, and hose permeation. The fact recycling and/or recovery equipment number of service trucks and personally that the equipment minimizes emissions manufactured or imported after January identifiable information of equipment is part of our consideration of whether 1, 2017, that are to be used with owners. emissions associated with using flammable non-exempt substitute recovery equipment are considered de refrigerants must meet this new 4. Clarifications and Edits for minimis releases. Second, certification standard. EPA is incorporating UL 1963 Readability provides reliable information on the by reference and modifying the testing EPA is reorganizing § 82.158 by equipment’s ability to clear itself when protocol in appendix B3 to account for appliance type. EPA is also combining switching between refrigerants. Without flammability concerns during testing. tables 2 and 3, which contain the levels sufficient clearing capability, equipment Two testing organizations supported of evacuation that must be achieved by may retain residual refrigerant in its using UL 1963 to address flammable recovery and/or recycling equipment, to condenser, which would then be mixed refrigerants. One commenter preferred remove inconsistencies in terminology with the next batch of refrigerant that EPA reference UL 1963 directly and formatting. recovered by the equipment. Because within appendix B4 rather than mixed refrigerant can be difficult if not establishing separate requirements in EPA also revised how the impossible to reclaim (depending on appendix B4 that are based on that requirements for recovery equipment how cross-contaminated the mixed standard. Separate requirements used on small appliances are written. In refrigerant is) and expensive to destroy, published outside of that standard general, the requirement is that the it is much more likely than unmixed would make it more difficult to apply equipment is capable of recovering 90 refrigerant to be vented to the the standard. EPA responds that percent of the refrigerant in the test atmosphere. Third, certification appendix B4 refers to UL 1963, stand when the compressor of the test provides reliable information on the Supplement SB, and does not reproduce stand is operational and 80 percent of equipment’s recovery speed. Without the standard in the appendix due to the refrigerant when the compressor of such information, technicians may copyright concerns. the test stand is not operational. In purchase equipment that recovers too Another commenter strongly addition, there are secondary slowly, tempting them to interrupt recommended that a label be required considerations that could allow for the recovery before it is complete. As on all products certified to handle certification of recovery equipment discussed in the 1993 Rule, where EPA flammable refrigerants. EPA responds based on when that equipment was established the equipment certification that UL 1963, Supplement SB has manufactured or imported. requirements, the information on requirements for markings that must be H. Revisions to the Standards for equipment performance provided by an placed on recovery and/or recycling Equipment Testing Organizations in independent third-party testing equipment certified to handle § 82.160 organization is more reliable than that flammable refrigerants. Because EPA is provided by other sources, such as incorporating those standards in EPA relies on independent third party equipment manufacturers (58 FR appendix B4 by reference, EPA is organizations approved by the EPA 28686–28687). requiring those markings. Administrator to certify that refrigerant Finally, certification embraces Next recovery and/or recycling equipment Generation Compliance principles. 3. Removing the Certification by Owners meets the standards in subpart F. Any Users of certified equipment, when of Recovery and/or Recycling equipment testing organization may following the manufacturer’s Equipment apply for approval so long as they can instructions, will be in compliance with As proposed, EPA is removing the verify that they have the expertise and the regulatory standards for the requirement under § 82.162 that anyone technical capability to verify the evacuation of refrigerant. who maintains, services, repairs, or performance of the recovery and/or Flammable Refrigerants. Different disposes of appliances containing an recycling equipment, have no conflict of treatment is warranted for non-exempt ODS submit a signed statement to the interest (e.g., with equipment flammable refrigerants. As proposed, appropriate EPA Regional office stating manufacturers), and receive no direct or EPA is adding standards for the that they own recovery and/or recycling indirect financial benefit from the recovery of flammable non-exempt equipment and are complying with the outcome of certification testing.

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Any new certifying organization must receive applications from organizations instances to the improper handling of have expertise to certify equipment that seeking to be approved under this refrigerants or servicing of mechanical is used to recover or recycle refrigerants section and the required notification if equipment. that are subject to this subpart. This a previously certified model line fails to EPA responds that these comments means that they must be able to evaluate meet the standards upon retesting. support the importance of extending the and certify HFCs and other non-exempt technician certification requirement, as substitute refrigerants, including I. Revisions to the Technician well as other provisions of the flammable refrigerants. Because the Certification Requirements in § 82.161 refrigerant management rules, to non- same expertise is needed to test 1. Background exempt substitute refrigerants. Certified equipment used for ODS and substitute technicians are more likely to The prior regulations at § 82.161 refrigerants, equipment certifying understand how and why to recover and required the certification of all organizations that have already been recycle refrigerants and to have the individuals who maintain, service, or approved by EPA may continue to proper equipment to do so. Technician repair air-conditioning and refrigeration certify equipment designed for certification helps ensure that equipment containing an ODS, other substitute refrigerants without needing technicians know refrigerant recovery than MVACs which are addressed in a to re-apply. In comments on the requirements and techniques. The prior separate subpart of the regulations. This proposed rule, two certifying regulations did not specifically prohibit group includes installers, contractor organizations agreed that currently an uncertified individual from opening employees, in-house service personnel, approved organizations should not have an air conditioner that contains a to reapply to certify equipment used to and anyone else who performs substitute refrigerant in order to add a recycle and/or recover substitute installation, service, maintenance, or substitute refrigerant or replace refrigerants and that the same expertise repair that might reasonably have the components. Similarly, the regulations is needed to test equipment used for opportunity to release ODS refrigerants did not specifically prohibit an ODS and substitutes. to the environment. In addition, uncertified individual from opening an EPA is removing the requirement that individuals disposing of air- air conditioner that contains an ODS organizations provide a list of all conditioning and refrigeration refrigerant to add ODS refrigerant certified equipment to EPA within 30 equipment other than small appliances, (assuming a certified technician days of the organization’s approval by MVACs, and MVAC-like appliances purchased the ODS refrigerant). While EPA and annually at the end of each must be certified. Individuals disposing the venting prohibition generally calendar year thereafter. Instead, EPA is of small appliances, MVACs, and applies to these actions, without requiring that the certified equipment MVAC-like appliances do not need to be training or certification the individual testing organizations publish online a certified. performing such servicing activities may list of equipment that meets EPA Under those rules, technicians not even be aware of the prohibition requirements. This list must include the become certified by passing a test against knowingly venting or otherwise manufacturer and the name and/or containing questions drawn from a bank releasing refrigerant. serial number of a newly certified model developed by EPA with input from Tips reported to the Agency indicate line, which is the information that the industry educational organizations with that servicing by uncertified individuals certifying organizations had to provide a certification program approved by occurs. One commenter asserted that a to EPA. This list must be updated no EPA. The test includes questions on the substantial number of technicians, less than once per year, but an role of CFCs and HCFCs in stratospheric possibly up to 25 percent, are operating organization can choose to update the ozone depletion, the requirements of the without certification. EPA responds that list more frequently. Online lists must subpart F, and proper techniques for this information, if true, would further contain certified equipment until three recycling and conserving refrigerant. support the extension of the technician years after that equipment is no longer EPA makes the question bank available certification requirement to non-exempt offered for sale. Making the information to certifying organizations that substitute refrigerants. Requiring that available online will be no more demonstrate that they can properly anyone opening an appliance (except burdensome for the testing organization generate, track, administer, and grade those containing only exempt substitute than submitting the list to EPA. Online tests; issue certificates; and keep refrigerants) be a certified technician publication is also a better method of records. will reduce emissions caused by uninformed service personnel and will communicating these findings to the 2. Extension to Substitute Refrigerants public and the service/repair industry facilitate enforcement of the venting than sending the information to EPA. In this final rule, EPA is finalizing its prohibition, especially when coupled Two certifying organizations proposal to extend the certification with the recordkeeping requirement for commented that they support these requirements to technicians who work appliances containing more than five revisions because they already make the with non-exempt substitute refrigerants. and less than 50 pounds of refrigerant. information publicly available through Persons who are not certified Many companies require certification their Web sites. technicians are more likely to of their technicians regardless of the EPA is also adding to the regulatory intentionally or inadvertently release type of refrigerant being used. The text the timing for records retention that refrigerant in the course of servicing, principles of proper handling, recovery, had previously only been found in maintaining, repairing, or disposing of and disposal of non-exempt substitute guidance documents. The regulation refrigeration and air conditioning refrigerants are similar if not identical to now specifies that all records must be equipment. One commenter stated that those for ODS refrigerants, except that maintained for three years after the they believe most of the intentional additional safeguards are advisable for equipment is no longer offered for sale. venting of refrigerant is done by flammable refrigerants. The fact that EPA is adopting a similar timeframe for individuals who are not certified some individuals may be working on the online lists of certified equipment. technicians. Another commenter noted non-ODS appliances without EPA also encourages the use of that they have observed a lack of certification and without following safe electronic reporting and has established competence within the equipment handling practices places them at a the email address [email protected] to servicing sectors leading in many disadvantage with respect to

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compliance. Because there is a 608(c) that they do not pose a threat to the sales restriction and the technician reasonable expectation that an ODS or the environment when released. For certification requirements. non-exempt substitute refrigerant could water or nitrogen, technician The Agency has learned through its be released into the environment in the certification would provide no recent enforcement actions against course of that work if appropriate environmental benefit nor would it Enviro-Safe and Northcutt, two precautions and practices are not increase technician safety. For ammonia distributors of R–22a, and through other followed, requiring technician or chlorine, other regulations address investigations that R–22a is being sold certification for individuals performing the risks related to those specific to both consumers and technicians. such work ensures that they have the compounds (for example, OSHA Often the buyers are not aware there is information necessary to comply with regulations that address risk to a difference between R–22 and R–22a, the regulatory requirements and with technician safety). The types of or even that R–22a is flammable. As a the venting prohibition, as well as to refrigeration equipment that use these result, appliances have exploded and minimize emissions. Accordingly, to exempt substitute refrigerants are also technicians have been injured. promote proper practices or at least significantly different from an Technicians need to be aware of the remove barriers for compliance and for engineering standpoint from the safety concerns of using such refrigerant environmental protection, EPA is equipment that uses ODS or HFC for themselves or subsequent requiring certification for anyone refrigerants. Therefore, there is little technicians who service ODS or HFC working on an appliance that contains potential for ODS and these exempt equipment that inappropriately contains a non-exempt refrigerant. substitute refrigerants to be mixed and hydrocarbons. Consumers must also not Many commenters supported intentionally released to the have easy access to this refrigerant for extending the technician certification environment. their own safety. Applying the sales requirement for the handling of Hydrocarbon refrigerants may be restriction to unapproved uses of substitute refrigerants. While some different than the other substitute hydrocarbon refrigerants and educating commenters stated that EPA does not refrigerants. EPA notes that all end-uses technicians through the certification have authority to extend section 608 for hydrocarbons currently authorized program will reduce safety risks and regulations to substitutes, those under SNAP are also exempted under prevent the mixing (and subsequent commenters did not raise the specific the venting prohibition. The Agency did venting) of ODS and HFC refrigerants issue of technician certification. EPA not propose and is not establishing a with these unapproved alternatives. addresses those general comments about technician certification requirement or One commenter, while supportive of its authority for this action in Section III sales restriction for those exempt extending the technician certification of this notice. Two commenters substitute refrigerants. The Agency may requirements to those working with recommended extending the technician consider in future whether there are any non-exempt substitute refrigerants, certification requirement to flammable regulatory or other measures that would disagreed with the premise that failing refrigerants. Three commenters urged be appropriate to address the handling to require certification will result in the EPA to extend the technician of exempt flammable refrigerants. release and mixture of ODS and non- certification requirement for the As a result of today’s action, ODS refrigerants. handling of all refrigerants, even if they flammable substitutes that have not EPA responds that information about are exempt from the venting been exempted from the venting the illegal use of R–22a as a replacement prohibition. These commenters stated prohibition in a particular end-use are for R–22 indicates to EPA that people that treating all refrigerants equally will subject to the requirements of subpart F, are purchasing their own refrigerant and provide consistency and clarity in the including the sales restriction and the mixing it with HCFCs. The industry. Other commenters stated that technician certification requirements. consequences of inappropriately mixing many of the exempt refrigerants have Unlike the other exempt substitutes, refrigerants include significant losses in special considerations such as hydrocarbons are being sold to service performance and energy efficiency, flammability or toxicity that require care existing ODS and HFC equipment for damage to equipment, the lost value of during handling and servicing. As noted which this refrigerant is not listed as the mixed refrigerant (which is at best previously, some commenters stated acceptable under SNAP. Specifically, R– difficult, and often impossible, to that the sales restriction should be 22a, which is propane, in some cases separate into the component extended to hydrocarbons. These mixed with isobutane and an odorant, refrigerants), and costs for destroying commenters noted that the flammability has been marketed as a ‘‘drop-in’’ (or mixed refrigerants. Refrigerant mixture of these refrigerants poses far greater more appropriately termed a ‘‘retrofit’’) also leads both directly and indirectly to risks than that of R–22 when handling replacement for existing equipment refrigerant release. Mixture leads it and servicing equipment. One designed for use with HCFCs and/or directly to release because mixtures of commenter recommended that if the HFCs. Often these are MVACs or certain refrigerants, such as R–22 and sales restriction was extended to residential split systems. R–134a, have higher pressures than flammable refrigerants then it should be R–22a has not been submitted to either component alone. Thus, pressure- extended to all exempt refrigerants. SNAP for review for these uses, and sensitive components such as air purge As stated in the proposed rule, EPA EPA has not listed propane as devices on recycling machines and is not extending the technician acceptable for these end-uses under the relief devices on appliances may be certification requirement (and thus the SNAP program. Accordingly, EPA activated by these mixtures, venting the sales restriction) to individuals considers its introduction into interstate refrigerant to the atmosphere. Purge maintaining, servicing, repairing, or commerce for this use a violation of the devices in particular are often set to disposing of appliances containing SNAP regulations. In addition, EPA has open when the pressure of the recovery substitute refrigerants that are exempt not exempted R–22a or propane used as cylinder’s contents rises more than 5–10 from the venting prohibition. EPA has a retrofit in existing HCFC–22 psi above the expected saturation exempted substitutes, at least in the appliances from the venting prohibition. pressure for the refrigerant; this margin specified end-uses, from the venting As a result, R–22a and propane are is exceeded by R–22/R–134a mixtures prohibition because the Agency has subject to the requirements of subpart F containing more than ten percent of the determined for purposes of section in such non-exempt end-uses, including contaminating refrigerant.

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Refrigerant mixture also reduces recycling, and the costs of non- substitute refrigerants be certified. By recycling and leads indirectly to release. compliance related to equipment extension, EPA is also requiring that First, mixed refrigerants lose their value efficiency, equipment life, and technician certification programs offer for reclamation because it is difficult to environmental harm. One commenter tests to certify those technicians. This separate the component refrigerants. observed that the core, Type II, and should not require significant changes Typically, reclaimers will pay Type III tests should now include to current practices other than using the refrigerant distributors for recovered questions on verification testing since updated test bank once available and refrigerant. Reclaimers may actually this will be a new requirement of the revisions discussed in this section. charge money to accept highly mixed technicians servicing comfort cooling EPA is not requiring that current refrigerant or not take it at all. Mixed and commercial refrigeration appliances certification programs recertify based on refrigerants cost money to reclaim or under the leak repair provisions. any of the revisions in this final rule. destroy and this cost could provide a EPA responds that all of these EPA did not receive comment financial incentive for illegal venting. suggested topics fit into the testing specifically on these proposed revisions. Second, the direct releases and topics listed in appendix D. EPA 3. Posting Lists of Certified Technicians equipment breakdowns caused by intends to consider these potential contamination lead to increased topics when updating the test bank In regulatory revisions finalized in equipment servicing, which itself leads questions. EPA has begun reviewing the this rule, EPA is requiring that certifying to unavoidable releases of refrigerant. test bank and consulting with organizations publish online lists of the Thus, failure to require certification for certification and training organizations technicians certified by that people working with substitute to identify questions that should be organization. However, EPA is not refrigerants would increase the updated, replaced, or removed. EPA establishing a single ‘‘database’’ nor probability of both substitute and ozone- also intends to incorporate new and requiring certified organizations to depleting refrigerants being emitted to revised elements of the National create their own databases as was the atmosphere. Recycling and Emission Reduction contemplated in the proposed rule. The As noted previously in this notice, Program that are being finalized in this primary intent of these published lists is certified technicians are more likely to action in the updated test bank. As to assist technicians who have lost their understand how and why to recover and such, the test bank will not be certification cards and reduce the recycle refrigerants and to have the completed until after publication of the burden currently facing the Agency and proper equipment to do so. The skills final rule. Testing organizations have technician certification programs in and knowledge that certified requested time to update their training assisting technicians who have lost their technicians have reduces the likelihood and testing materials before the new certification cards as described in the that they would mix or release ODS and questions go into effect. EPA anticipates proposed rule. These goals can be accomplished for all future technicians non-ODS refrigerants. For these reasons, the new questions will be added to all through the publication of limited EPA is requiring technician certification exams by mid- to late 2017. for persons working with non-exempt information online. Technicians should substitutes. J. Revisions to the Technician be able to find out who certified them Certification Program Requirements in through a simple web search. 3. Updated Test Bank § 82.161 In the proposed rule, EPA described EPA is currently updating the this as a database and discussed one of technician certification test bank 1. Background its possible uses as a tool refrigerant through a process separate from this The regulations at § 82.161 require wholesalers could use to verify their rulemaking. While this is not a that organizations operating technician customer is a certified technician. Many regulatory change—the Agency can certification programs apply to EPA to commenters supported the creation of a update the test bank when appropriate have their programs approved. The single technician database maintained without promulgating a new application process ensures that by EPA. A few of those commenters regulation—it aligns with EPA’s efforts technician certification programs meet encouraged EPA to include all certified to extend the refrigerant management minimum standards for generating, technicians, not just newly certified regulations to substitute refrigerants. tracking, and grading tests, as well as technicians, because an incomplete list Currently, the questions focus on CFCs keeping records. Approved technician would have only marginal value for and HCFCs, even though CFCs have certification programs must keep anyone referencing the list prior to been phased out for nearly twenty years records of the names of technicians they selling refrigerant. Some refrigerant and the predominant HCFC, HCFC–22, have certified and the unique numbers distributors wanted assurance that their will be phased out by 2020. assigned to each technician certified refrigerant sales would not be adversely As part of the public participation through their programs. These records affected or that they would not be held process for this rule, stakeholders allow both the Agency and the responsible for errors or omissions in provided input regarding updating the certification program to verify the technician database. One commenter test bank questions. Many commenters certification claims and to monitor the who employs in-house technicians supported updating the test bank, certification process. Approved stated that their technicians would especially given the new refrigerants technician certification programs also prefer not to be included in such a and technologies that have become must submit reports to EPA every six database. The commenter requested that available since the test was initially months containing information on the there not be a database, or if there is one developed. Commenters provided number of students certified and the that technicians should have to suggestions for numerous topics that pass/fail rate. Such reports allow the affirmatively opt in, rather than being should be covered by the exam. These Agency to monitor program compliance. given the option of opting out. include placing greater focus on the EPA responds that the Agency did venting prohibition, recovery best 2. Extension to Substitute Refrigerants consider the possibility of a database practices, safe handling of flammable As discussed previously, EPA is that could be used to enforce the sales refrigerants, use of new refrigerants, requiring in this final rule that restriction. EPA agrees that in order to financial benefits of refrigerant technicians who work with non-exempt be used for regulatory purposes the

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content of the database would need to 1994 and is no longer necessary. EPA 6. Updates to Appendix D be complete and continuously updated. did not receive any comments on this In this rulemaking, EPA is also The only manner the Agency could proposal. finalizing minor edits to appendix D ensure a complete list of technicians 5. Certification Cards ‘‘Standards for Becoming a Certifying would be to require technicians to Program for Technicians.’’ EPA did not recertify, which EPA did not propose. As proposed, EPA is finalizing receive any comments on this element EPA did not propose to require that revisions to the requirements for the of the proposal and is finalizing the certification programs list everyone required text that is printed on revisions as proposed. More currently in their records. While this certification cards. Some organizations specifically, EPA is updating the may assist current technicians who have told EPA prior to publication of the description of test content to include the lost their cards, listing the hundreds of proposed rule that the language used on environmental impact of not just ODS thousands of technicians certified over the certification card implies that a but also substitute refrigerants. EPA is the last twenty-two years could be technician as defined in subpart F may removing paragraphs (i) through (k) on overly burdensome. This would also not be trained in other aspects of equipment approval process, grandfathering, and provide technicians with the installation. The primary purpose of the sample application as they are outdated, opportunity to opt out. redundant, or self-explanatory. EPA is As this requirement is primarily for 608 certification card is for a technician to prove to a vendor that they removing the reference that EPA will the benefit of the technician, EPA is periodically publish information on the requiring technician certification understand the environmental impacts of mishandling refrigerants and are fees charged by the programs as the programs to notify individuals taking Agency no longer collects this the certification exam that information legally permitted to perform the necessary maintenance, servicing, information. To protect the private will be posted online and allow them to information of technicians and opt out. Allowing the opt out is repair, or disposal work under CAA section 608. While this certification minimize the potential for fraud, EPA is sufficient for those technicians who do removing social security numbers as an not want to be listed; requiring an opt qualifies an individual to maintain, service, repair, or dispose of appliances acceptable form of identification for in to be listed, on the other hand, would Type I technicians using the mail-in reduce the utility of the lists. EPA is containing certain refrigerants for purposes of CAA section 608, the 608 format and stating that social security also exempting federal government-run numbers cannot be used in the unique programs from this requirement as exam is less focused on the operational certification number assigned to newly proposed. The public release of and engineering aspects of refrigeration certified technicians. EPA also is government and military personnel and air-conditioning equipment. requiring that certifying organizations names linking them to their federal Accordingly, the 608 certification is not provide a hand-out or electronic employment could present significant intended to serve as a general license for communication to technicians after they privacy and security concerns. individuals who work on such EPA did not receive comment on the equipment. have taken the certification test explaining who provided the training, proposed information that would need To more accurately reflect the to be published. EPA is therefore who to contact with questions regarding knowledge needed to obtain the the certification process, and when they finalizing as proposed the following certification, EPA is updating the card information requirements: The first should expect to receive their score, and to read: ‘‘[Name of person] has if they passed, their certification cards. name, middle initial, and last name of successfully passed a [Type I, Type II, the certified technician, the technician’s Type III, and/or Universal, as K. Revisions to the Reclamation of residence when taking the test, appropriate] exam on how to Requirements in § 82.164 the type(s) of certification received, and responsibly handle refrigerants as 1. Background the date each certification was received. required by EPA’s National Recycling EPA is not requiring any specific format The regulations at § 82.164 required and Emission Reduction Program.’’ for providing this information. EPA is that anyone reclaiming used ODS aware that some certifying organizations EPA stated in the 1993 Rule refrigerant for sale to a new owner, already provide this information online establishing the technician certification except for people properly certified to their technicians and the Agency requirements that standardized language under subpart F prior to May 11, 2004, does not intend to require that they will decrease administrative costs and is required to reprocess refrigerant to change how they offer the information aid in enforcement. In addition, it was standards laid out in appendix A (based so long as the required data elements are intended to ease burden on refrigerant on ARI Standard 700–1995, included. Rather than continuous wholesalers who must inspect the cards Specification for Fluorocarbons and updating, as would have been required to verify the certification of technicians. Other Refrigerants), release no more of a database, EPA is requiring that the Those principles also apply to this than 1.5 percent of the refrigerant lists be updated annually, although rulemaking, and updating the during the reclamation process, dispose individual organizations may choose to information required on the certification of wastes from the reclamation process update their lists more frequently. card should improve clarity and should in accordance with all applicable laws not result in any new administrative and regulations, and adhere to specific 4. Grandfathering Provisions costs. EPA notes that the Agency is not recordkeeping and reporting In this rulemaking, EPA is finalizing requiring that currently certified requirements. its proposal to remove provisions technicians obtain new cards with the related to voluntary certification updated language. The new language 2. Extension to Additional Substitute programs at § 82.161(g). This program applies only to cards issued to newly Refrigerants was created to allow technicians who certified technicians. In the event where In this final rule, EPA is extending the were trained prior to the establishment a technician is requesting a replacement reclamation standards for refrigerants in of approved technician certification for a lost card, EPA encourages that the appendix A to additional non-ozone programs to be recognized as certified certifying organization use the updated depleting substitute refrigerants. Most of technicians. This program expired in language whenever feasible. the refrigerants in appendix A were

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single component ODS refrigerants or having to comply with regulations 2010. This includes an aggregate of all blends containing an ODS component. requiring that they reclaim new of the different types of refrigerant However, appendix A had previously refrigerants without any EPA required reported to EPA as received and/or contained a few commonly used standard for those refrigerants. reclaimed. Because reporting on substitute refrigerants that have been EPA responds that it is not substitutes was previously not a used for a long time, such as R–407C incorporating either the AHRI Standard requirement, the data on HFCs are and R–410A. EPA is updating appendix 700–2015, Specifications for incomplete and based only on reports A to include newer HFCs, PFCs, HFOs, Refrigerants, or the current AHRI from companies that chose to provide and other refrigerants based on the Standard 700–2016, Specifications for such data. standards contained in the latest AHRI Refrigerants by reference. This is 3. Revisions to Recordkeeping and Standard 700, Specifications for because ASHRAE and AHRI are still Reporting Refrigerants. EPA proposed to base conducting further studies on whether appendix A on AHRI Standard 740– and how to amend the unsaturates limit. Under the prior regulations at 2015, with the exception that the It is important to maintain the 0.5 § 82.164(b), reclaimers must certify that Agency would maintain the current percent unsaturates limit while the the refrigerant reclaimed meets the unsaturates limit of 0.5 percent by standard is still being debated. specifications in AHRI Standard 700– weight. Recently AHRI released Accordingly, rather than incorporating 1995 using the analytical methodology Standard 740–2016 which includes the AHRI Standard 700–2016 by prescribed in appendix A. In addition to additional refrigerants and an impurity reference, EPA is updating appendix A updating the standard to AHRI Standard standard for R–40. EPA is finalizing to include HFCs, PFCs, HFOs, and other 700–2016, EPA is finalizing revisions to appendix A based on the recent AHRI refrigerants based on the standards the regulations to clarify that the Standard 740–2016 by adding the new contained in AHRI Standard 700–2016. analysis must be conducted on each refrigerants, but not the unsaturates In response to the comment about batch of refrigerant being reclaimed and limit or R–40 impurity standard. establishing a process to automatically that reclaimers must maintain records of The standard in the previously update the standards, it is important to each analysis. Requiring reclaimers to existing rules was adopted in 1995. It is understand that EPA cannot maintain records helps to ensure that appropriate to update this standard to automatically incorporate future refrigerant is being reclaimed to the ensure that refrigerants developed in the standards by reference. EPA appreciates appropriate specifications. The standard last twenty years are reclaimed the commenters’ concerns that the practice for reclaimers currently is to properly. While industry has Agency has not updated the standard in analyze by batch, and to generate established standards for these new twenty-one years. However, any records when doing so, so these refrigerants, EPA’s regulations have not updated standard must undergo notice revisions update the regulations to kept pace. Therefore, reclaimers have and comment review prior to being reflect current practices and do not add not had a legal obligation to achieve adopted into the regulations. additional burden. EPA is also requiring such standards. Instilling confidence in This final rule will extend the prior that all recordkeeping and reporting the market that reclaimed refrigerant is reporting requirements that are requirements for reclaimers be as good as virgin refrigerant is crucial to applicable to ODS to HFCs and other maintained and reported by refrigerant its widespread use. Ensuring a healthy non-exempt substitutes. Reclaimers type (i.e., ASHRAE number). market for reclaimed refrigerant is also must report annually the aggregate Information kept in this format will crucial to support the value of used quantity of material sent to them for provide more clarity on the types and refrigerant and provide incentives reclamation (the combined mass of quantities of refrigerants being through market forces to recover used refrigerant and contaminants) by reclaimed when aggregated information gas from appliances during their refrigerant type, the mass of each is reported. maintenance, servicing, repair, or refrigerant reclaimed by type, and the EPA is also clarifying what aggregate disposal. mass of waste products. EPA has been information must be reported annually Many refrigerant reclaimers and publishing the aggregate total of each to the Agency, and removing a distributors commented that the current ODS refrigerant reclaimed each year on redundant recordkeeping provision 0.5 percent unsaturates limit is its Web site. After these revised related to that report. Currently, appropriate. One commenter specifies reporting requirements take effect, EPA reclaimers provide data on ODS that the reclamation industry as a whole will begin collecting and making reclamation to EPA in multiple formats. has delivered more than 200 million available reclamation data for non- EPA intends to develop an electronic pounds of reclaimed refrigerant at that exempt substitute refrigerants as well as form to standardize the reporting across unsaturates level without any known ODS, which should provide EPA and all reclaimers. This should reduce issues. Another commenter expressed the general public a greater burden on the Agency and on reclaimers concern that lowering the unsaturates understanding of the extent of HFC as EPA must currently engage in a back limit will make successful reclamation recovery and reclamation. One and forth process to ensure that all impossible. Other commenters commenter encouraged EPA to publish required data have been reported encouraged EPA to incorporate the data on the amount of refrigerant being properly. This will also allow the AHRI Standard 700–2015, sent to a reclaimer in addition to the Agency to publish reclamation data in a Specifications for Refrigerants, by amount reclaimed. The commenter does more timely manner. reference and establish a process to not believe that aggregated data is CBI Previously reclaimers were required automatically adopt the latest version of and believes that sharing the data to certify that the refrigerant reclaimed the AHRI–700 standard. These publicly will provide further meets the specifications in AHRI commenters explained that typically, justification for the actions taken in this Standard 700–1995 using the analytical the standard is updated to establish rule. EPA responds that the Agency has methodology prescribed in appendix A. purity specifications for each new aggregated and released the reported EPA proposed to specify that reclaimers substitute refrigerant as it is developed quantity of refrigerant received for must, ‘‘[v]erify that each batch of and approved. The commenters state reclamation, as well as the aggregate refrigerant reclaimed meets these that this will prevent reclaimers from quantity of refrigerant reclaimed since specifications using the analytical

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methodology prescribed in appendix establishing a third-party certification or to refrigerant reclaimers into a single A,’’ but did not propose a definition of audit program for reclaimers; and section at § 82.164. This rule also the term batch. Multiple reclaimers requiring labeling of reclaimed clarifies what is required of the supported testing each batch of refrigerant. Many reclaimers and other reclaimer. The prior regulations refrigerant but suggested that EPA commenters provided input on these required a reclaimer to certify that he or define the term batch. These questions. Because EPA was merely she will meet a certain set of standards commenters proposed identical or seeking comment for potential future and engage in certain behaviors. The similar definitional language requesting actions and did not propose any specific revised regulations require first, that a that EPA define a batch of refrigerant as action for this rulemaking, EPA is not reclaimer meet those standards and a single bulk cylinder containing the responding to those comments at this behaviors and second, that they certify reclaimed refrigerant after all processing time and is not taking final action with to having done so. EPA is making this has been completed but prior to respect to any of those comments. EPA revision to improve the clarity and packaging or shipping to the market. will consider the information received enforceability of these provisions. EPA EPA agrees that specifying what a batch for a potential future rulemaking. did not receive any comments on this is will assist reclaimers in complying 4. Hazardous Wastes proposal. with this requirement and is therefore adding batch to the defined terms in EPA received comments related to L. Revisions to the Recordkeeping and § 82.152. This added definition is hazardous waste in the context of the Reporting Requirements in § 82.166 materially similar to what commenters safe disposal requirements, recovery 1. Background suggested. equipment, and reclamation. Multiple One commenter suggested that a commenters requested that EPA create The prior regulations included all testing ID or batch number be placed on new Resource Conservation and recordkeeping and reporting provisions each cylinder packaged from the bulk Recovery Act (RCRA) exclusions from in one section of subpart F (§ 82.166). cylinder to allow for traceability back to the definition of hazardous waste for all While having all the provisions in one the analysis. EPA recognizes that some recovered refrigerants, perhaps with the place can be useful, they are separated companies may want to do this for their exception of ammonia. The commenters from the required practices specific to own internal quality control. However, stated that classifying used refrigerant as that regulated entity. This can create EPA is not presently convinced of the a hazardous waste would prevent difficulty for the regulated community environmental benefit of making this technicians from recovering and in finding what records they must keep change at this time. transporting used refrigerant and and what reports they must make to Multiple reclaimers requested that the prevent reclaimers from accepting, remain in compliance with the section reclaimed refrigerant be independently processing, or reclaiming such 608 requirements. To improve the analyzed by an accredited laboratory. refrigerant. As a result, commenters readability of the recordkeeping and They stated that independently foresee less recovery and increased reporting provisions, EPA is moving the verifying that reclaimed refrigerant emissions because handling compounds requirements that were in § 82.166 to meets the required specifications classified as hazardous waste would be the relevant section describing the reaffirms the appropriate industry cost prohibitive. The commenters point required practices. The recordkeeping standard already being followed by most to the exclusion EPA created for used and reporting provisions that remain in reclaimers. One commenter found that it CFCs at 40 CFR 261.4(b)(12) as a model. § 82.166 relate to the leak repair would not be necessary to require EPA responds that to be a hazardous provisions in § 82.156(i) that are independent analysis since all reputable waste, a compound must either be effective until January 1, 2019. reclaimers already do this. EPA specifically listed as a hazardous waste EPA summarizes some of the key responds that it did not propose to per 40 CFR 261 Subpart D or exhibit one amended recordkeeping and reporting require independent third-party testing of the following characteristics: provisions for this rulemaking below of reclaimed refrigerant and does not Ignitability, reactivity, toxicity, or and intends to prepare a guidance presently have sufficient information to corrosivity per 40 CFR 261 Subpart C. document for this rule that includes all finalize such a requirement. Before In 1990, EPA revised the toxicity of the recordkeeping and reporting requiring third-party testing, EPA would characteristic and as a result, became requirements. Additional discussion of want to better understand the frequency aware that certain CFCs may exhibit the these provisions may be found in the with which such testing is done, the toxicity characteristic. On February 13, section of this notice discussing the costs involved, whether such testing 1991, the Agency issued an exclusion corresponding required practice. This would improve the quality of the from the RCRA hazardous waste summary is not exhaustive, so to reclaimed refrigerant on the market, and regulations for CFCs used as determine all of recordkeeping which and how many companies refrigerants, provided the refrigerant is requirements that apply to a particular conduct such testing. Therefore, at this reclaimed for further use. Most non- requirement, you must consult the time EPA is not requiring independent exempt substitute refrigerants are not appropriate text in the revised third-party testing. However, as listed nor do they exhibit any regulations. discussed previously in this notice, characteristics of a hazardous waste and ensuring the quality of reclaimed 2. Summary of Recordkeeping therefore, are not considered hazardous Provisions refrigerant is very important to its use wastes when they are recovered and and to further the goals of the section reclaimed. However, some refrigerants A summary of some key, revised 608 program and EPA may consider are flammable (e.g., HFC–32), which are recordkeeping requirements for subpart establishing such requirements in a likely to exhibit the hazardous waste F is included here. Unless otherwise future rulemaking. characteristic of ignitability. noted, all records must be maintained EPA requested comment on possible for at least three years. future proposed revisions to the 5. Clarifications and Edits for • Disposal of Small Appliances, reclamation requirements including Readability MVACs, and MVAC-like Appliances: establishing more stringent certification EPA is also finalizing revisions in this Persons who take the final step in the requirements for reclaimers; rule that consolidate provisions related disposal process of such appliances

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must keep a copy of all the signed with a full charge of 50 or more pounds charge of 50 or more pounds of statements indicating refrigerant was of refrigerant must provide the owner or refrigerant who exclude from their leak recovered properly. This statement must operator with documentation containing rate calculation purged refrigerant that include the name and address of the the identity and location of the is destroyed must maintain records person who recovered the refrigerant appliance; the date and type of related to the destruction of that purged and the date the refrigerant was maintenance, service, repair, or disposal refrigerant, including records that recovered. Alternatively, the statement performed; the parts of the appliance demonstrate that a 98 percent or greater may be a signed contract stating either serviced, maintained, repaired, or destruction efficiency is met and that that the supplier will recover any disposed of; the name of the person include flow rate, quantity or remaining refrigerant from the appliance performing the maintenance, service, concentration of the refrigerant in the in accordance with § 82.155 prior to repair or disposal; and the amount and vent stream, and periods of purge flow. delivery or will verify that the type of refrigerant added to or removed • Seasonal Variances: Owners or refrigerant has been properly recovered from the appliance. The appliance operators of appliances with a full before receipt by the supplier. owner or operator must maintain service charge of 50 or more pounds of • Disposal of Appliances Containing records provided by technicians. refrigerant who exclude additions of More than 5 and Less than 50 Pounds • Verification Tests: Owners or refrigerant due to seasonal variance of Refrigerant: Persons evacuating operators of any appliance with a full from their leak rate calculation must refrigerant from appliances with a full charge of 50 or more pounds of maintain records stating that they are charge of more than 5 and less than 50 refrigerant must maintain records using the seasonal variance flexibility pounds of refrigerant for purposes of relating to any verification tests, and documenting the amount added and disposal of that appliance must including records of the dates, types, removed. maintain records documenting their and results of all initial and follow-up • Lists of Certified Recovery company name, location of the verification tests. Technicians Equipment and Testing Results: appliance, date of recovery, and type of conducting verification tests must Organizations that are approved to refrigerant recovered for each appliance. provide documentation of such certify refrigerant recovery and/or They must also keep records of the activities to the owner or operator. recycling equipment must maintain quantity of refrigerant, by type, • Retrofit/Retirement Plans: Owners records of equipment testing and recovered from such appliances in each or operators of appliances with a full performance and a list of equipment calendar month and the quantity and charge of 50 or more pounds of that meets EPA requirements. These type of refrigerant transferred for refrigerant that are subject to retrofit/ records must be maintained for three reclamation, the person to whom it was retirement requirements must maintain years after the equipment is no longer transferred, and the date of transfer. retrofit or retirement plans. The plan offered for sale. • Leak Inspection: Owners or must contain the following information: • Proof of Certification for operators of appliances with a full Identification and location of the Technicians: Technicians who have charge of 50 or more pounds of appliance; type and full charge of the passed the section 608 Type I, II, III or refrigerant must maintain refrigerant used; type and full charge of Universal test, must keep a copy of their documentation from quarterly or annual the refrigerant to which the appliance certification at their place of business. leak inspections that includes the date will be converted, if retrofitted; itemized These records must be maintained for of inspection, method used for the procedure for converting the appliance three years after a certified individual inspection, a list of locations where to a different refrigerant, including no longer operates as a technician. leaks were discovered, and a changes required for compatibility with • Sales Restriction: Anyone selling certification that all visible and the new substitute, if retrofitted; plan ODS or a non-exempt substitute accessible parts of the appliance were for the disposition of recovered refrigerant must document the name of inspected. Technicians conducting leak refrigerant; plan for the disposition of the purchaser, the date of sale, and the inspections must provide such the appliance, if retired; and a schedule, quantity of refrigerant purchased. In documentation to the owner or operator. not to exceed one year, for completion instances where the buyer employs a Alternatively, owners or operators may of the appliance retrofit or retirement. certified technician, the seller must install an automatic leak detection • Requests to Extend the Deadline to keep the information provided by the system and maintain records for that Repair or Retrofit/Retire Appliances: buyer to demonstrate that at least one system, including records showing that Owners or operators of appliances with technician is properly certified. Copies the system is audited or calibrated a full charge of 50 or more pounds of of technician certifications must be annually and records related to the leaks refrigerant must maintain copies of maintained for three years after each that the system identifies. extension requests. purchase. These records would not • Full Charge: Owners or operators of • Chronically Leaking Systems: apply to the sale of small cans of appliances with a full charge of 50 or Owners or operators of appliances with substitute refrigerant for servicing more pounds of refrigerant must a full charge of 50 or more pounds of MVACs. maintain records relating to the full refrigerant that leak 125 percent or more • Small Cans of Substitute charge of the appliance, including of the full charge in a calendar year Refrigerant for MVAC Servicing: Anyone records documenting what the full period must maintain copies of reports manufacturing small cans of substitute charge amount is for such appliances, submitted to EPA. refrigerant with a self-sealing valve for how it was determined, the range and • Mothballing: Owners or operators of use in an MVAC must maintain records its midpoint for the full charge, and any appliances with a full charge of 50 or verifying that the self-sealing valves do revisions to the full charge. The record more pounds of refrigerant that not leak more than 3.00 grams per year for the current full charge must be mothball an appliance must keep when the self-sealing valve is closed, maintained until three years after the records documenting when the system consistent with appendix E to subpart F, appliance is retired. was mothballed and when they add as revised. • Service Records Provided by refrigerant back into the appliance. • Technician Certification Programs: Technicians: Persons adding or • Purged Refrigerant: Owners or Organizations that certify technicians removing refrigerant from an appliance operators of appliances with a full must maintain records of who they

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certify, the scores of all certification of 50 or more pounds of refrigerant may • Reclaimer Change of Business tests administered, and the dates and request that EPA relieve them of that Information, Location or Contact locations of all tests administered. obligation if they can establish within Information: If a reclaimer changes These records must be maintained as 180 days of the plan’s date that the address or management, they must long as they are in operation, not just for appliance no longer exceeds the notify EPA within 30 days. Since three years. If a previously approved applicable leak rate. The owner or reclaimer certification is not technician certifying organization stops operator must provide the retrofit or transferable, if ownership changes, the certifying technicians for any reason, retirement plan; the date that the new owner must certify to EPA that they they must ensure those records are requirement to develop a retrofit or will meet the reclaimer certification transferred to another certifying retirement plan was triggered; the leak requirements. program or EPA. The recordkeeping rate; the method used to determine the • Amounts Reclaimed: Reclaimers requirements can be found in section (g) leak rate and full charge; the location of must report annually the total aggregate of appendix D of this subpart. the leak(s) identified in the leak quantity of material sent to them for • Reclaimers: Reclaimers must inspection; a description of repair work reclamation (the combined mass of maintain records, by batch, of the that has been completed; a description refrigerant and contaminants) by analyses conducted to verify that of repair work that has not been refrigerant type, the total mass of each reclaimed refrigerant meets the completed; and a description of why the refrigerant reclaimed, and the total mass necessary specifications. On a repair was not conducted within the of waste products. transactional basis, reclaimers must required time frames. M. Effective and Compliance Dates maintain records of the names and • Chronically Leaking Systems: addresses of persons sending them Owners or operators must submit a EPA proposed that the final rule material for reclamation and the report to EPA for any appliance with a become effective on January 1, 2017, quantity of the material (the combined full charge of 50 or more pounds of with later compliance dates for specific mass of refrigerant and contaminants) refrigerant that leaks 125 percent or provisions that stakeholders may need by refrigerant type sent to them for more of the full charge in a calendar additional time to implement. The reclamation. year. This report must describe efforts to ‘‘effective date’’ is the date that the identify leaks and repair the appliance. regulatory text in the Code of Federal 4. Summary of Reporting and • Purged Refrigerant: The first time Regulations at 40 CFR part 82, subpart Notification Provisions that owners or operators of appliances F will change. Unless otherwise Reporting and notification are with a full charge of 50 or more pounds specified, it is also the date by which important components of the National of refrigerant exclude purged refrigerant the regulated community must comply Recycling and Emission Reduction that has been destroyed from their leak with the revised regulation. Additional Program and allow EPA to track rate calculation, they must provide a ‘‘compliance dates’’ are the dates by compliance with the requirements. A one-time report to EPA that includes the which the regulated community must summary of some key requirements is identification of the facility and a comply with specific provisions of the included here, and additional contact person; a description of the revised regulation. discussion may be found in other appliance; a description of the methods One commenter stated that January 1, sections of this notice. Please consult used to determine the quantity of 2017, is too aggressive a compliance the appropriate regulatory provision for refrigerant sent for destruction and type date, given the length of time needed to a complete list of reporting and of records that are being kept; the issue the final rule and the rule’s size notification requirements. All of these frequency of monitoring and data- and complexity. EPA responds that reporting requirements are new for recording; and a description of the while the Agency is finalizing an equipment containing non-exempt control device, and its destruction effective date of January 1, 2017, as substitutes. Unless the information is efficiency. proposed, it is also establishing later claimed as confidential business • Previously Certified Recovery/ compliance dates for some new information or as otherwise noted, all Recycling Equipment: Organizations provisions as well as for the application notifications must be submitted that are approved to certify refrigerant of some existing provisions to non- electronically to [email protected]. recovery and/or recycling equipment exempt substitutes. Where a later Electronic submission of reports should must inform EPA if subsequent tests compliance date applies, the revised decrease burden on both EPA and the indicate a previously certified model regulations explicitly specify that later regulated community. line for recovery and/or recycling compliance date. • Extensions to the 30-day or 120-day devices does not meet EPA The existing provisions related to Leak Repair Requirement: Owners or requirements. ODS that were not substantively operators of appliances with a full • Technician Certification Programs: modified by the rule continue to apply charge of 50 or more pounds of Organizations that certify technicians with respect to ODS. For minor changes refrigerant must request an extension must publish online lists/databases of to existing ODS provisions, the from EPA when seeking additional time the people that they certify. compliance date is the same as the to complete repairs. Organizations must report to EPA twice effective date of the rule. Provisions in • Extensions to Retrofit or Retire a year the pass/fail rate and testing this final rule for which there is no Appliances: Owners or operators of schedules. Organizations that receive delayed compliance date with respect to appliances with a full charge of 50 or records from a program that no longer ODS include the sales restriction, more pounds of refrigerant must request offers the certification test must inform technician certification requirements, an extension from EPA when seeking EPA within 30 days of receiving these safe disposal requirements, evacuation additional time to complete a retrofit or records. The notification must include requirements, restriction on the sale of retirement. the name and address of the program to used refrigerant, requirement that • Relief from the Obligation to which the records have been appliances include a process stub or Retrofit or Retire an Appliance: Owners transferred. The reporting requirements servicing aperture, and the or operators who are retrofitting or can be found in section (g) of appendix recordkeeping associated with those retiring an appliance with a full charge D of this subpart. provisions. While in most instances this

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rule establishes a later compliance date matches the compliance dates for other In response to the comments received for application of these provisions to aspects of the rule related to sales of on EPA’s proposal to allow small cans non-exempt substitutes, the restriction non-exempt substitute refrigerants. manufactured and placed into initial on the sale of used substitute refrigerant Specifically, EPA proposed one year inventory or imported before that date and the requirement that appliances from the date of publication of the final to be sold for one additional year, EPA containing non-exempt substitutes rule as the date by which technicians is not finalizing the sell-through include a process stub or servicing working with appliances containing requirement and is finalizing only a date aperture apply for non-exempt non-exempt substitutes must be by which small cans must be substitutes as of January 1, 2017. In certified and the date by which small manufactured or imported with a self- addition, the revised standards for the cans of MVAC refrigerant must be sealing valve. EPA agrees that this is the sale or import of recovery and/or equipped with a self-sealing valve. As least-burdensome option and that it recycling equipment apply for both ODS discussed below, EPA is finalizing avoids the potential for any unintended and non-exempt substitutes as of January 1, 2018, as the compliance date consequences of a ‘‘sell-by’’ date. January 1, 2017. for both of those provisions. To 2. Section 82.155—Safe Disposal of This rule establishes a compliance minimize potential conflicts by having Small Appliances, MVAC, and MVAC- date of January 1, 2018, for many different compliance dates, EPA is Like Appliances provisions that are newly applicable to extending the compliance date for the substitute refrigerants. These include sales restriction of substitute refrigerants EPA proposed that the extension of the sales restriction, technician to January 1, 2018. the requirements for the recovery of certification requirements, safe disposal With regards to small cans of MVAC non-exempt substitute refrigerant prior requirements, evacuation requirements, refrigerant, manufacturers, distributors to disposal/recycling of small and the recordkeeping associated with and retailers of automotive refrigerant appliances, MVACs, and MVAC-like those provisions. The new requirement supported the proposed ‘‘manufacture- appliances take effect one year from that small cans of substitute MVAC by’’ date of one year from publication of publication of the final rule. EPA refrigerant be equipped with self-sealing the final rule, but commented that they proposed that changes related to ODS valves will also apply as of January 1, oppose a sell-through date for small equipment be effective January 1, 2017. 2018. In addition, this rule establishes a cans that do not have self-sealing valves. One commenter supported the compliance date of January 1, 2018, for They commented that such a proposed one-year extension to the the new recordkeeping requirement requirement would be inefficient, compliance date for substitute associated with the disposal of burdensome, costly, and refrigerants. EPA is finalizing a appliances containing more than five environmentally problematic. It would compliance date of January 1, 2018, for and less than 50 pounds of either ODS require all retailers to know of the the extension to non-exempt substitute or non-exempt substitute refrigerant. requirement and establish processes for refrigerants. This will provide sufficient Lastly, this rule establishes a returning unsold cans back to the time for final disposers such as scrap compliance date of January 1, 2019, for manufacturer for destruction. More recyclers to learn about the extension to the revised leak repair provisions, likely, the cans may be improperly non-exempt substitutes and make any regardless of whether the appliance disposed of, which would negate the adjustments needed to start maintaining contains an ODS or a non-exempt environmental benefit of the new records associated with disposal of substitute refrigerant. provisions. One commenter stated that a appliances containing non-exempt The following sections discuss EPA’s ‘‘manufacture-by’’ date would shift substitutes. Using January 1, 2018, rationale for these staggered compliance EPA’s burden in ensuring compliance rather than one year from publication dates. from a few manufacturers to thousands will also make communicating the of retailers. Furthermore, commenters compliance date for the rule easier. 1. Section 82.154(c)—Refrigerant Sales cited EPA’s July 2015 SNAP rule (80 FR Because EPA is not making Restriction 42901; July 20, 2015) which listed HFC– substantive changes to the existing EPA proposed January 1, 2017, as the 134a as unacceptable for use as an requirements for appliances containing compliance date for the sales restriction aerosol as of a ‘‘manufacture-by’’ date, ODS, EPA does not expect that final of all refrigerant (non-exempt rather than a ‘‘sell-by’’ date. CARB disposers will need extra time to adjust substitutes or ODS). EPA also proposed commented on EPA’s proposal for a to the updates in this rule for those to require that small cans of MVAC two-year sell-through period that a one- appliances. Accordingly, EPA is refrigerant be manufactured with self- year sell-through period has been found finalizing a compliance date for ODS sealing valves by one year from the to be acceptable in their experience. appliances of January 1, 2017. publication of the final rule and that the EPA responds that to allow all entities sale of small cans without self-sealing in the distribution chain time to plan for 3. Section 82.156—Proper Evacuation of valves cease by two years from and communicate changes to the sales Refrigerant From Appliances publication of the final rule. restriction on non-exempt substitute EPA proposed that the extension of EPA is finalizing a compliance date of refrigerants, as well as the requirement the requirements related to the January 1, 2018, for the sales restriction for self-sealing valves on small cans, evacuation of non-exempt substitute as applied to non-exempt substitute EPA is finalizing a sales restriction date refrigerants before the maintenance, refrigerants. Changes related to the sales and ‘‘manufacture-by’’ or ‘‘import-by’’ servicing, repair, or disposal of restriction, as applied to ODS, apply date of January 1, 2018. This will appliances apply one year from January 1, 2017, as proposed. EPA is provides slightly more time than one publication of the final rule. EPA also finalizing a compliance date of year from publication of the final rule, proposed that changes related to ODS January 1, 2018, to equip small cans which EPA proposed for the self-sealing equipment apply January 1, 2017. with a self-sealing valve. EPA is not valve requirement. Generally speaking, Two commenters supported the finalizing a sell-through requirement in EPA has attempted to simplify the proposed one year extension to the this rule. compliance dates so they do not fall in compliance date for non-exempt EPA is delaying the compliance date the middle of a month or during the substitutes. Another commenter for the sales restriction so that it middle of the cooling season. requested two years on the ground that

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recovery and reclamation equipment Five commenters recommended more that recovery and recycling equipment may need to be modified to meet the than 18 months, with the longest may need to be modified to meet the requirements of the final rule. EPA extensions ranging from 24 to 36 requirements of the final rule. EPA responds that the Agency is not months after the publication of the final responds that the Agency is not requiring that existing recovery and/or rule. These commenters stated that later requiring that existing recovery and/or recycling equipment be modified or dates would decrease the costs of recycling equipment be modified or replaced with new equipment. compliance and give companies replaced with new equipment certified EPA is finalizing a compliance date of adequate time to train employees and for use with non-exempt substitute January 1, 2018, for the extension of the update current systems to meet the refrigerants. Rather, EPA is requiring requirements to appliances containing requirements of the rule. Extending the only that newly manufactured or non-exempt refrigerants. This will compliance dates would also allow imported recovery and/or recycling provide affected entities time to learn more time for owners or operators to equipment meet the new standards about the extension and make any bring equipment up to the new upon the compliance date. adjustments needed to apply the standards, and avoid having to 6. Section 82.161—Technician required practices to the evacuation of potentially conduct numerous repairs or Certification Requirements appliances containing non-exempt replacements at once. Commenters who substitutes. Because EPA is not making supported a 36-month extension noted EPA proposed that technicians be substantive changes to the existing constraints with the federal budget cycle certified to handle non-exempt requirements for appliances containing and acquisition requirements or referred substitute refrigerants by one year from ODS, EPA does not expect that affected to Maximum Achievable Control publication of the final rule. EPA entities will need extra time to adjust to Technology rules that typically provide proposed that changes related to ODS the updates in this rule for those three years to comply. apply January 1, 2017. appliances. Accordingly, EPA is Because the leak repair provisions One commenter supported the one finalizing a compliance date for ODS already provide the opportunity for year extension to the compliance date appliances of January 1, 2017. extensions for delays caused by the for non-exempt substitute refrigerants. EPA is establishing a delayed federal agency appropriations and/or Another commenter requested two years compliance date of January 1, 2018, for procurement process, EPA disagrees so as to allow time for certifying the new requirement to keep records with federal agencies requesting a 36 organizations to write and review the upon disposal of appliances containing month extension to the compliance certification test questions as well as either a class I, class II, or non-exempt date. EPA agrees with commenters that train, or re-train, technicians on that substitute refrigerant. This is slightly additional time may be needed to new material. more than one year from publication of understand the regulations and to make EPA is establishing a compliance date the final rule, which was what EPA repairs on systems that have not of January 1, 2018, for technicians to be proposed. The delayed compliance date previously been subject to the subpart F certified to handle non-exempt will allow affected entities to establish required practices. Therefore, EPA is substitute refrigerants. This is slightly a recordkeeping program to track the establishing a compliance date of more than the proposal of one year from amount of refrigerant recovered from January 1, 2019. This date is two years publication of the final rule. This will appliances that are disposed of in the from the effective date, and more than provide time for EPA to update the test field. EPA expects that the same amount 24 months from publication of the final bank with questions related to non- of time will be needed for ODS and non- rule. This is sufficient time for owners exempt substitute refrigerants and for ODS appliances because this is a new and operators of appliances with 50 or certifying organizations to update their requirement, not an update to an more pounds of refrigerant to learn testing materials to use the new existing requirement. about the updated requirements; update questions. EPA does not anticipate that systems, standard operating procedures, a two year extension would be 4. Section 82.157—Appliance and training materials to best administer necessary because HVACR contractors Maintenance and Leak Repair the requirements; and fix leakier are generally working on both ODS This rule makes significant revisions systems. refrigerants and non-exempt substitute to the leak repair provisions, including Until January 1, 2019, the leak repair refrigerants, and there is not likely to be lowering the leak rates, requiring leak provisions at § 82.156(i) and the a rush of contractors needing to be repair verification tests on new types of associated recordkeeping requirements certified. equipment, and modifying the at § 82.166 continue to apply as EPA is also finalizing the compliance recordkeeping and reporting specified to appliances containing ODS dates for the publication of lists of requirements. In addition, owners and refrigerant. Those leak repair provisions certified technicians as proposed. As operators of appliances using non- use terminology contained in the such, any technician certified on or after exempt substitute refrigerants that were definitions as they existed prior to this January 1, 2017, must be included in a previously not covered by any subpart rulemaking. EPA has added those publicly accessible list of certified F required practices will have to unmodified definitions to § 82.156(j) for technicians or provided the ability to familiarize themselves with the the purposes of implementing opt out. Technician certification requirements. EPA is therefore § 82.156(i) until the new provisions take programs must make these lists establishing a later compliance date for effect January 1, 2019. available starting January 1, 2018. the appliance maintenance and leak repair requirements than for most other 5. Section 82.158—Recovery and V. Possible Future Revisions to provisions. Recycling Equipment Subpart F EPA proposed a compliance date 18 EPA proposed that the standards for EPA requested input on other aspects months from publication of the final recovery and recycling equipment apply of the National Recycling and Emission rule. One commenter suggested that to the manufacture and import of Reduction Program that might be EPA shorten the compliance date to 12 equipment for non-exempt substitutes addressed in a future rulemaking. months and two commenters agreed that as of January 1, 2017. One commenter Specifically EPA requested feedback on it should be at minimum 18 months. requested additional time on the ground (1) establishing a voluntary program for

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supermarkets based on their corporate- the cost effectiveness of the proposed a model for the potentially affected wide average leak rate; (2) establishing rule. EPA has taken these comments population. By applying the costs of more stringent certification into consideration and is finalizing leak inspections, repairs, recordkeeping requirements for reclaimers; (3) several provisions that will be less and reporting, self-sealing cans for establishing a third-party certification or burdensome than proposed. This MVAC servicing, and other regulatory audit program for reclaimers; (4) section provides a brief overview of how revisions to this population, EPA requiring labeling of reclaimed the Agency calculated costs and then estimated the costs to individual entities refrigerant; (5) moving further upstream discusses major revisions to the final and the total cost to the economy. the responsibility to recapture rule that affect EPA’s economic analysis. Some regulatory revisions in this refrigerant from appliances being A full description of the cost analyses is action, such as providing extensions to disposed of; (6) requiring recertification included in the technical support owners or operators of comfort cooling of currently certified technicians; and document Analysis of the Economic and commercial refrigeration before (7) establishing a technician Impact and Benefits of Final Revisions having to replace leaking appliances certification requirement or sales to the National Recycling and Emission reduce the cost of compliance to owners restriction for flammable refrigerants. Reduction Program, which can be found of ODS-containing equipment. These EPA is not taking any final action on in the docket. reductions were included in the these topics in this rule but does greatly To estimate the incremental costs of incremental cost of the action. value the information provided by the regulatory revisions, the Agency commenters. EPA has prepared a developed a set of model entities with As detailed more fully in the summary of these comments that is a distribution of different model technical support document, the available in the docket for this rule. facilities, each of which could contain a rulemaking includes new compliance set of model appliances. This set of costs of approximately $75.5 million VI. Economic Analysis model entities was used to represent the split into approximately $32.5 million For the reasons explained in Section potentially affected entities in a variety for owners and operators of equipment III of this preamble, EPA considered of economic sectors in the United containing ODS and $43 million in non- economic factors in the development of States, and they were developed based ODS systems. Offsetting the new this rule. EPA considered the costs of on EPA’s Vintaging Model and cross- compliance costs are reductions in cost different actions that would achieve the checked with the 2013 dataset of repair due to the removal of some regulatory goals of this rule to individual entities records developed under California’s requirements and increasing flexibility and the United States economy as a RMP. Each model entity reflects for repairs. These offsetting costs total whole. While selecting regulatory information about the typical number of $51 million, all related to equipment actions that would achieve the goals of facilities in a given sector and size containing ODS. Taken together (the this rule, EPA elected to consider the category and the number of pieces of new compliance costs less the offsetting costs of different actions to individual equipment in each equipment category costs), EPA estimates that the net total entities and the United States economy that are likely to be owned and/or cost to comply with the requirements of as a whole. Many commenters claimed operated by each facility. By combining this final rule is $24.5 million per year that the benefits of the proposed the model entities with economic data (Table 3 shows these net costs at both regulatory provisions do not justify the on potentially affected industries from the rule component level and for the costs, while four comments supported the United States Census, EPA obtained total rule).

TABLE 3—INCREMENTAL ANNUAL COMPLIANCE COSTS BY RULE COMPONENT (2014$) WITH 7% AND 3% DISCOUNT RATES

Total incremental compliance costs Total incremental compliance costs Rule component (7% discount rate) (3% discount rate) HFC ODS Total HFC ODS Total

Leak Repair: Comfort Cooling ...... $5,046,000 ¥$38,191,000 ¥$33,145,000 $2,437,000 ¥$18,705,000 ¥$16,268,000 Commercial Refrigeration ...... 1,709,000 ¥10,137,000 ¥8,428,000 823,000 ¥4,963,000 ¥4,139,000 IPR ...... 385,000 31,000 417,000 186,000 13,000 200,000 Leak Inspection...... 21,703,000 27,460,000 49,163,000 21,703,000 27,460,000 49,163,000 Reporting & Recordkeeping ...... 11,101,000 2,350,000 13,451,000 11,101,000 2,350,000 13,451,000 Self-sealing Valves on Small Cans ...... 3,070,000 ...... 3,070,000 3,070,000 ...... 3,070,000

Total ...... 43,014,000 ¥$18,487,000 24,528,000 39,320,000 6,155,000 45,477,000 Totals may not sum due to independent rounding.

Some regulatory revisions, by entities would avoid spending over $44 costs could additionally be lower reducing the amount of refrigerant lost million in refrigerant purchases alone because appliances running with the to leaks, also result in savings for due to the regulatory revisions. The correct amount of refrigerant are equipment owners or operators of the compliance costs and refrigerant savings generally more energy efficient to cost of purchasing replacement combined are estimated to be savings of operate and last longer. refrigerant. EPA estimates that affected $19.6 million per year. Furthermore,

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TABLE 4—TOTAL ANNUAL REFRIGERANT SAVINGS (2014$) AND COMBINED ANNUAL COST AND ANNUAL SAVINGS 2ITH 7% AND 3% DISCOUNT RATE

Annual refrigerant savings 7% Discount rate 3% Discount rate Combined Combined Rule component Incremental annual Incremental annual HFC ODS Total compliance savings and compliance savings and costs compliance costs compliance costs costs

Leak Repair: Comfort Cooling ...... ¥$9,853,000 ¥$20,221,000 ¥$30,073,000 ¥$33,145,000 ¥$63,218,000 ¥$16,268,000 ¥$46,341,000 Commercial Refrig- eration ...... ¥3,439,000 ¥7,514,000 ¥10,953,000 ¥8,428,000 ¥19,381,000 ¥4,139,000 ¥15,092,000 IPR ...... ¥1,582,000 ¥1,533,000 ¥3,115,000 417,000 ¥2,698,000 200,000 ¥2,915,000 Leak Inspection ...... 49,163,000 49,163,000 49,163,000 49,163,000 Reporting & Record- keeping ...... 13,451,000 13,451,000 13,451,000 13,451,000 Self-sealing Valves on Small Cans...... 3,070,000 3,070,000 3,070,000 3,070,000

Total ...... ¥14,874,000 ¥29,268,000 ¥44,141,000 24,528,000 ¥19,613,000 45,477,000 1,336,000 Totals may not sum due to independent rounding.

Several commenters questioned the commenter, using their estimate for the EPA’s analysis of the costs of leak validity of EPA’s cost estimates and cost of each leak inspection of a inspection used the median hourly rate some provided examples of costs from particular facility’s appliances, when for heating, air-conditioning, and their own business/organizations. One taken quarterly across some 5,200 retail refrigeration mechanics and installers commenter said that, given the amount stores and supporting business units, provided by the Bureau of Labor of paperwork and added compliance stated that the impact on their company Statistics, along with an additional requirements in the proposed rule, the would exceed $10 million. Another 110% for overhead. EPA assumed that cost estimates are implausibly low and commenter called quarterly leak leak inspections could be carried out call into question the fundamental inspections redundant if it is already quickly because the proposal allowed integrity of the Agency’s economic required that leaks be fixed in a timely employees and not certified technicians analysis. Another said that they would manner. Two commenters supported to conduct the inspections. However, as estimate the cost to implement the new leak inspections and trade group discussed previously, a number of requirements to be well in excess of supported periodic leak inspections as a stakeholders claimed that inspections $100 million just to repair and proactive means to detect leaks, reduce by employees not specialized in potentially replace IPR systems, noting refrigerant emissions, and maintain refrigeration would be far less effective that the replacement of a single complex energy efficiency of equipment. and pointed out that the standard IPR system can be as high as $10 The Agency responds that a proactive practice for many entities is to hire million. plan of maintenance leads to reduced technicians for inspections. EPA is EPA responds that the aggregate costs emissions of refrigerant and is part of requiring in this final rule that leak and savings for the economy as a whole the best practices for operation of these inspections be conducted by certified would not be expected to be distributed systems. Discussions with members of technicians. EPA’s final analysis evenly across affected entities. For industry and reports from the continues to use the average rate example, owners of ODS-containing GreenChill program support the provided by the Bureau of Labor equipment with low leak rates might effectiveness of a program of regular Statistics but has increased the number only incur costs for recordkeeping. On inspections to lower average leak rates. of hours for each inspection. the other hand, owners of HFC- However, to allow for flexibility in how Several commenters said that the containing equipment with high leak system owners and operators implement costs of completely replacing a system rates might incur costs of repairing their refrigeration management if it leaked more than 75 percent of its leaks, though they would also realize programs, especially for the least leaky full charge in two consecutive years savings due to reduced refrigerant equipment, EPA is not finalizing a were very high, and that these costs purchases. Owners of ODS-containing requirement that all systems undergo would not necessarily fall on those comfort cooling or commercial periodic leak inspections. Only systems whose poor maintenance practices refrigeration appliance with high leak that show a history of excessive allowed for excessive emissions. They rates may also incur costs of repairing emissions by exceeding the leak rate also commented that the provision was leaks but also substantial cost savings by threshold will require periodic inefficient because all of the system not having to retrofit or retire the inspections, and then only for a limited components would need to be replaced, appliance if unable to repair within 30 time if the leak rate of the system is even those that were known not to be days, given the extensions provided in addressed effectively. This will reduce leaking, imposing additional costs with the final rule. the burden on owners of systems that no additional benefit. Several commenters claimed that are not responsible for emissions, while In response to the potential significant requiring all systems to have annual or focusing attention on systems that costs that commenters said the proposed quarterly leak inspections would require it. EPA estimates that this will ‘‘chronic leaker’’ provision would incur, impose significant costs on owners of all affect 282,000 appliances, compared to EPA is finalizing a modification of this systems including those systems that do approximately 1.5 million under the provision that would instead require not leak or leak very little. One proposed rule. reporting to EPA rather than retirement

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of an appliance. This will greatly reduce Change Rule’’). The commenter annual sales and that fewer than 80 the costs on owners of systems with encouraged EPA to consider a wider small businesses could incur costs in very high emissions. While EPA had not range of possible baseline futures when excess of 3 percent of annual sales. estimated the costs or benefits of the calculating the 2020 and 2025 benefits These levels are below the thresholds proposed chronic leaker provision, EPA of the rule. used in other Title VI rulemakings has calculated the total annual reporting EPA responds that the Agency has under which it can be presumed that an burden associated with the final considered that many end users will action will have no SISNOSE. provision to be $126,000. change the ODS substitutes being used Nevertheless, EPA consulted numerous Two commenters said that requiring because of the SNAP rule and EPA stakeholders, including small all leaks be fixed after a system exceeds considered such change when businesses, in the development of this the threshold leak rate would lead to estimating the benefits of this final rule. high costs with diminishing returns as action. EPA assumed transitions away The full description of the cost smaller and smaller leaks were repaired. from substitutes that are no longer analyses, including sensitivity analyses EPA maintains that once a system has acceptable in some end-uses, most of key assumptions and alternate been evacuated for repair it is a best notably in commercial refrigeration options, is included in the technical practice to repair any significant leaks. based on the most likely scenario support document Analysis of the Doing so makes financial sense because detailed in Climate Benefits of the SNAP Economic Impact and Benefits of Final allowing leaks to continue leads to the Program Status Change Rule found in Revisions to the National Recycling and purchase of more refrigerant, reduced docket number EPA–HQ–OAR–2014– Emission Reduction Program, which can energy efficiency, possible increased 0198–0239. However, many of the be found in the docket for this action. service costs if the system must be shut differences between the scenarios in down and repaired again, and increased that analysis have little or no effect on VII. Statutory and Executive Order risk of loss of cooling. However, EPA the estimated benefits of the present Reviews agrees that some leaks may allow very action. For example, the analysis of the A. Executive Order 12866: Regulatory small amounts of refrigerant to escape SNAP rule looked only at transitions of Planning and Review and Executive and that some leaks are difficult to MVAC units for exports, as it is Order 13563: Improving Regulation and access or repair. Therefore, taking into assumed that the domestic market will Regulatory Review account the comments, EPA is not already have transitioned away from finalizing the requirement that all HFC–134a by 2020 due to EPA’s earlier This action is a significant regulatory identified leaks be repaired. Light Duty Vehicle rule. Therefore the action that was submitted to OMB for Two commenters claimed that SNAP rule would not be expected to review. This action was deemed to raise lowering the maximum leak rate for IPR introduce uncertainty in the benefits in novel legal or policy issues. Any systems to 20 percent would lead to 2020 or 2025 in MVAC servicing. As changes made in response to OMB significant economic burden for some another example, the different SNAP recommendations have been businesses, and one of whom said that scenarios assumed that low-temperature documented in the docket. EPA EPA has not provided adequate benefits commercial refrigeration appliances prepared an economic analysis of the to justify this requirement. would begin to transition from HFC– potential costs and benefits associated EPA has estimated that lowering the 134a to R–450A or R–513A in different with this action. This analysis is maximum rate at which systems may be years, but all three scenarios assume summarized in Section VI of the notice allowed to leak perpetually without that transition will reach a maximum of and is available in the docket. being repaired protects the environment 50 percent by 2020. Given the small B. Paperwork Reduction Act by reducing emissions of pollutants. differences in the expected equipment EPA recognizes that maintenance of IPR stock related to uncertainty in the The information collection activities systems presents particular challenges. effects of the SNAP Program Status in this rule have been submitted for These systems are often very large and Change Rule, we believe that assuming approval to the Office of Management complex, making finding leaks more the effects of the ‘‘most likely’’ scenario and Budget (OMB) under the PRA. The difficult. They can also be extremely from the SNAP analysis provides a Information Collection Request (ICR) costly to shut down to allow for repairs. model universe of appliances that is document that EPA prepared has been Therefore, in consideration of comments realistic and that avoids any possibility assigned EPA ICR number 1626.15. You and other feedback from stakeholders, of double counting benefits between the can find a copy of the ICR in the docket the Agency is finalizing a leak rate of 30 two rules. for this rule, and it is briefly percent for IPR systems. While this will Under the Small Business Regulatory summarized here. The information reduce benefits, we hope to strike a Enforcement Fairness Act (SBREFA), collection requirements are not balance between the costs and benefits federal agencies must consider the enforceable until OMB approves them. of this provision that will allow greater effects regulations may have on small All recordkeeping and reporting flexibility in the management of these entities. If a rule may have a significant requirements under this program are systems. Under the proposed leak rate of economic impact on a substantial specifically described in Section IV.L of 20 percent, the EPA estimates benefits number of small entities (SISNOSE), the this notice. In order to facilitate of 0.63 MMTCO2eq with costs of $7 Agency would be required to take compliance with and enforce the million for leak inspections and repair. certain steps to ensure that the interests refrigerant management requirements of With the final leak rate of 30 percent, of small entities were represented in the section 608 of the CAA, EPA requires estimated benefits are 0.44 MMTCO2eq rulemaking process. To determine if this reporting and recordkeeping by with costs of $5.5 million. was necessary, EPA used the model technicians, technician certification One commenter stated that there is entity analysis to ascertain the programs, refrigerant recovery/recycling substantial uncertainty in the transition likelihood that the revisions would have equipment testing organizations, pathway away from HFCs due to EPA’s a SISNOSE. EPA estimates that refrigerant wholesalers and purchasers, SNAP rule that changed the listing approximately 740 of the approximately refrigerant reclaimers, refrigeration and status for certain substitute refrigerants 854,580 affected small businesses could air-conditioning equipment owners, and (80 FR 42870) (‘‘SNAP Program Status incur costs in excess of 1 percent of other establishments that perform

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refrigerant removal, service, or disposal. C. Regulatory Flexibility Act (RFA) that certain service practices are EPA has used and will continue to use I certify that this action will not have conducted that reduce the emissions of these records and reports to ensure that a significant economic impact on a ozone-depleting refrigerants and their refrigerant releases are minimized substantial number of small entities substitutes. For example, this rule during the recovery, recycling, and under the RFA. The small entities strengthens the leak repair reclamation processes. The handling subject to the requirements of this requirements, establishes recordkeeping and confidentiality of the reporting action are businesses and small requirements for the disposal of requirements follow EPA’s governmental jurisdictions that own or appliances containing more than five confidentiality regulations at 40 CFR service comfort cooling, commercial and less than 50 pounds of refrigerant, 2.201 et seq. for assuring computer data refrigeration, or IPR equipment. EPA and modifies the technician certification security, preventing disclosure, proper estimates that approximately 740 of the program. Thus, Executive Order 13175 storage, and proper disposal. approximately 854,580 affected small does not apply to this action. Respondents/affected entities: Entities businesses could incur costs in excess of G. Executive Order 13045: Protection of required to comply with reporting and 1 percent of annual sales and that fewer Children From recordkeeping requirements include than 80 small businesses could incur and Safety Risks technicians; technician certification costs in excess of 3 percent of annual programs; refrigerant wholesalers; sales. These levels are below the This action is not subject to Executive refrigerant reclaimers; refrigeration and thresholds under which it can be Order 13045 (62 FR 19885, April 23, air-conditioning equipment owners and/ presumed that an action will have no 1997) because it is not economically or operators; and other establishments SISNOSE, as used in other Title VI significant as defined in Executive that perform refrigerant removal, rulemakings. Details of this analysis are Order 12866. Nonetheless, the service, or disposal. presented in the Analysis of the environmental health or safety risk Economic Impact and Benefits of Final addressed by this action may have a Respondent’s obligation to respond: Revisions to the National Recycling and disproportionate effect on children. Mandatory (40 CFR part 82, subpart F). Emission Reduction Program available Depletion of stratospheric ozone results Estimated number of respondents: in the docket. in greater transmission of the sun’s The total number of respondents is ultraviolet (UV) radiation to the earth’s D. Unfunded Mandates Reform Act estimated to be approximately 861,374. surface. The following studies describe (UMRA) Frequency of response: The frequency the effects of excessive exposure to UV of responses vary from once a year to This action does not contain an radiation on children: (1) Westerdahl J, daily. Public reporting burden for this unfunded mandate of $100 million or Olsson H, Ingvar C. ‘‘At what age do collection of information is estimated to more as described in UMRA, 2 U.S.C. sunburn episodes play a crucial role for vary from one minute to 9.4 hours per 1531–1538, and does not significantly or the development of malignant response, including time for reviewing uniquely affect small governments. This melanoma,’’ Eur J Cancer 1994: 30A: instructions and gathering, maintaining, rule supplements the statutory self- 1647–54; (2) Elwood JM Japson J. and submitting information. effectuating prohibition against venting ‘‘Melanoma and sun exposure: an refrigerants by ensuring that certain overview of published studies,’’ Int J Total estimated burden: The total service practices are conducted that estimated burden is 580,473 hours (per Cancer 1997; 73:198–203; (3) Armstrong reduce the emissions of ozone-depleting BK, ‘‘Melanoma: childhood or lifelong year). Burden is defined at 5 CFR refrigerants and their substitutes. For 1320.3(b). sun exposure,’’ In: Grobb JJ, Stern RS example, this rule strengthens the leak Mackie RM, Weinstock WA, eds. Total estimated cost: The total repair requirements, establishes ‘‘Epidemiology, causes and prevention estimated cost is $34,627,299 (per year). recordkeeping requirements for the of skin diseases,’’ 1st ed. London, There are no estimated annualized disposal of appliances containing more England: Blackwell Science, 1997: 63–6; capital or operation & maintenance costs than five and less than 50 pounds of (4) Whiteman D., Green A. ‘‘Melanoma associated with the reporting or refrigerant, and modifies the technician and Sunburn,’’ Cancer Causes Control, recordkeeping requirements. certification program. 1994: 5:564–72; (5) Heenan, PJ. ‘‘Does Much of this burden is already E. Executive Order 13132: Federalism intermittent sun exposure cause basal covered by the existing requirements in This action does not have federalism cell carcinoma? A case control study in 40 CFR part 82, subpart F, and the Western ,’’ Int J Cancer 1995; existing ICR, which was last approved implications. It will not have substantial direct effects on the states, on the 60: 489–94; (6) Gallagher, RP, Hill, GB, by OMB in December 2014. The OMB relationship between the national Bajdik, CD, et al. ‘‘Sunlight exposure, control number for this information government and the states, or on the pigmentary factors, and risk of collection is 2060–0256. distribution of power and nonmelanocytic skin cancer I, Basal cell An agency may not conduct or responsibilities among the various carcinoma,’’ Arch Dermatol 1995; 131: sponsor, and a person is not required to levels of government. 157–63; (7) Armstrong, DK. ‘‘How sun respond to, a collection of information exposure causes skin cancer: an unless it displays a currently valid OMB F. Executive Order 13175: Consultation epidemiological perspective,’’ control number. The OMB control and Coordination With Indian Tribal Prevention of Skin Cancer. 2004. 89– numbers for the EPA’s regulations in 40 Governments 116. CFR are listed in 40 CFR part 9. When This action does not have tribal H. Executive Order 13211: Actions That OMB approves this ICR, the Agency will implications as specified in Executive Significantly Affect Energy Supply, announce that approval in the Federal Order 13175. This rule does not Distribution, or Use Register and publish a technical significantly or uniquely affect the amendment to 40 CFR part 9 to display communities of Indian tribal This action is not a ‘‘significant the OMB control number for the governments. This rule supplements the energy action’’ because it is not likely to approved information collection statutory self-effectuating prohibition have a significant adverse effect on the activities contained in this final rule. against venting refrigerants by ensuring supply, distribution or use of energy.

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I. National Technology Transfer and Refrigerants. An electronic copy of the EPA is incorporating by reference Advancement Act appendix is available at standards referenced in AHRI Standard This action involves technical www.ahrinet.org. It is also available 740–2016. standards. In some instances, EPA is by mail at Air-Conditioning, Heating, Specifically, these standards are: deciding to use a modified version of an and Refrigeration Institute (AHRI), —ANSI/ASHRAE Standard 63.2–1996 industry standard for purposes of this 2111 Wilson Boulevard, Suite 500, (RA 2010) Method of Testing Liquid- rule; in others, EPA is deciding to use Arlington, VA 22201. The cost of Line Filter Drier Filtration Capability, an industry standard by reference obtaining this standard is not a 2010, American National Standards exactly as written. significant financial burden. Institute/American Society of Heating, EPA is incorporating by reference UL Therefore, EPA concludes that the Refrigerating and Air-Conditioning 1963, Supplement SB, Requirements for standard being incorporated by Engineers, Inc. The purpose of this Refrigerant Recovery/Recycling reference is reasonably available. standard is to prescribe a laboratory Equipment Intended for Use with a —Federal Specification for test method for evaluating the Flammable Refrigerant, Fourth Edition, ‘‘Fluorocarbon Refrigerants,’’ BB–F– filtration capability of filters and filter June 1, 2011. This establishes standards 1421 B, dated March 5, 1982. This driers used in liquid lines of for refrigerant recovery and refrigerant section of this standard establishes a refrigeration systems. The standard is recovery/recycling equipment to ensure method to determine the boiling point available at www.ashrae.org or by mail at AHSRAE, 1791 Tullie Circle the equipment can be used safely with and boiling point range of a NE., Atlanta, GA 30329. The cost is flammable refrigerants. The standard is refrigerant. The standard is available $39 for an electronic copy or printed available at www.comm-2000.com or by in the docket for this rulemaking. edition. The cost of obtaining this writing to Comm 2000, 151 Eastern Therefore, EPA concludes that the Avenue, Bensenville, IL 60106. The cost standard is not a significant financial standard being incorporated by is $798 for an electronic copy and $998 burden. Therefore, EPA concludes reference is reasonably available. for hardcopy. UL also offers a that the standard being incorporated subscription service to the Standards —GPA STD–2177, Analysis of Natural by reference is reasonably available. Certification Customer Library (SCCL) Gas Liquid Mixtures Containing —UL Standard 1963–2011, Refrigerant that allows unlimited access to their Nitrogen and Carbon Dioxide by Gas Recovery/Recycling Equipment, standards and related documents. The Chromatography, 2013, Gas Fourth Edition, 2011, American cost of obtaining this standard is not a Processors Association. This standard National Standards Institute/ significant financial burden for establishes methods for analyzing Underwriters Laboratories, Inc. This equipment manufacturers. Therefore, demethanized liquid hydrocarbon standard establishes safety EPA concludes that the UL standard streams containing nitrogen/air and requirements for and methods to being incorporated by reference is carbon dioxide, and purity products evaluate refrigerant recovery and reasonably available. such as ethane/propane mix that fall refrigerant recovery/recycling EPA is incorporating by reference within compositional ranges equipment. The standard is available standards referenced in AHRI Standard indicated in the standard. The at http://www.comm-2000.com or by 700–2016. Specifically, these standards standard is available at writing to Comm 2000, 151 Eastern are: www.techstreet.com or by writing to Avenue, Bensenville, IL 60106. The —2008 Appendix C for Analytical Techstreet, 6300 Interfirst Drive, Ann cost is $798 for an electronic copy and Procedures for AHRI Standard 700– Arbor, MI 48108. The cost of this $998 for hardcopy. UL also offers a 2014-Normative, 2008. This document standard is $55 for an electronic copy subscription service to the Standards establishes definitive test procedures or $65 for a printed edition. The cost Certification Customer Library (SCCL) for determining the quality of new, of obtaining this standard is not a that allows unlimited access to their reclaimed and/or repackaged significant financial burden. standards and related documents. The refrigerants in support of the Therefore, EPA concludes that the cost of obtaining this standard is not standards established in AHRI–700. standard being incorporated by a significant financial burden for An electronic copy of the appendix is reference is reasonably available. equipment manufacturers. Therefore, available at www.ahrinet.org. It is also EPA concludes that the UL standard —ASTM Standard D1296–01–2012, available by mail at Air-Conditioning, being incorporated by reference is Standard Test Method for Odor of Heating, and Refrigeration Institute reasonably available. (AHRI), 2111 Wilson Boulevard, Suite Volatile Solvents and Diluents, July 1, —AHRI Standard 110–2016, Air- 500, Arlington, VA 22201. The cost of 2012, ASTM International. This test Conditioning, Heating and obtaining this standard is not a method covers a comparative Refrigerating Equipment Nameplate significant financial burden. procedure for observing the Voltages, 2016, Air-Conditioning, Therefore, EPA concludes that the characteristic and residual odors of Heating, and Refrigeration Institute. standard being incorporated by volatile organic solvents and diluents This standard establishes voltage reference is reasonably available. to determine their odor acceptability rating requirements, equipment —2012 Appendix D for Gas in a solvent system. The standard is performance requirements, and Chromatograms for AHRI Standard available at www.astm.org or by conformance conditions for air- 700–2014- Informative, 2012, Air- writing to ASTM, 100 Barr Harbor conditioning, heating, and Conditioning, Heating, and Drive, P.O. Box C700, West refrigerating equipment. A free Refrigeration Institute. This appendix Conshohocken, PA 19428–2959. The electronic copy of this standard is provides figures for the gas cost of this standard is $39. The cost available at www.ahrinet.org. It is also chromatograms used with Appendix of obtaining this standard is not a available by mail at Air-Conditioning, C to AHRI Standard 700–2015: significant financial burden. Heating, and Refrigeration Institute Analytical Procedures for AHRI Therefore, EPA concludes that the (AHRI), 2111 Wilson Boulevard, Suite Standard 700–2015, Normative, standard being incorporated by 500, Arlington, VA 22201. The cost of Specification for Fluorocarbon reference is reasonably available. obtaining this standard is not a

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significant financial burden. K. Congressional Review Act (CRA) ‘‘Reclaim,’’ ‘‘Recover,’’ ‘‘Recycle,’’ Therefore, EPA concludes that the This action is subject to the CRA, and ‘‘Retire,’’ ‘‘Retrofit,’’ ‘‘Seasonal standard being incorporated by EPA will submit a rule report to each variance,’’ ‘‘Self-sealing valve,’’ and reference is reasonably available. ‘‘System receiver.’’ House of the Congress and to the ■ Comptroller General of the United b. Revising the definitions for —International Standard IEC 60038, IEC ‘‘Appliance,’’ ‘‘Apprentice,’’ Standard Voltages, Edition 7.0, 2009– States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). ‘‘Commercial refrigeration,’’ ‘‘Custom- 06, International Electrotechnical built,’’ ‘‘Disposal,’’ ‘‘Follow-up Commission. This standard specifies List of Subjects in 40 CFR Part 82 verification test,’’ ‘‘Full charge,’’ ‘‘High- standard voltage values which are pressure appliance,’’ ‘‘Industrial process intended to serve as preferential Environmental protection, Air pollution control, Chemicals, refrigeration,’’ ‘‘Industrial process values for the nominal voltage of shutdown,’’ ‘‘Initial verification test,’’ electrical supply systems, and as Incorporation by reference, Reporting and recordkeeping requirements. ‘‘Leak rate,’’ ‘‘Low-loss fitting,’’ ‘‘Low- reference values for equipment and pressure appliance,’’ ‘‘Medium-pressure system design. The standard is Dated: September 26, 2016. appliance,’’ ‘‘MVAC-like appliance,’’ available at http://www.iec.ch or by Gina McCarthy, ‘‘One-time expansion device,’’ writing to Techstreet, 6300 Interfirst Administrator. ‘‘Opening an appliance,’’ ‘‘Recovery Drive, Ann Arbor, MI 48108. The cost For the reasons set forth in the efficiency,’’ ‘‘Refrigerant,’’ ‘‘Self- of this standard is $50. The cost of preamble, the Environmental Protection contained recovery equipment,’’ ‘‘Small obtaining this standard is not a Agency amends 40 CFR part 82 as appliance,’’ ‘‘Substitute,’’ ‘‘Technician,’’ significant financial burden. follows: and ‘‘Very high-pressure appliance.’’ Therefore, EPA concludes that the ■ c. Removing the definitions for standard being incorporated by PART 82—PROTECTION OF ‘‘Critical Component,’’ ‘‘Normal reference is reasonably available. STRATOSPHERIC OZONE operating characteristics or conditions,’’ EPA is not incorporating by reference ‘‘Normally containing a quantity of ■ 1. The authority citation for part 82 refrigerant,’’ ‘‘Reclaim refrigerant,’’ California Air Resources Board, Test continues to read as follows: Procedure for Leaks from Small ‘‘Recover refrigerant,’’ ‘‘Recycle Containers of Automotive Refrigerant, Authority: 42 U.S.C. 7414, 7601, 7671– refrigerant,’’ ‘‘Suitable replacement TP–503, as amended January 5, 2010. 7671q. refrigerant,’’ ‘‘System mothballing,’’ and ‘‘Voluntary certification program.’’ Rather EPA is basing the content found ■ 2. Revise § 82.150 to read as follows: The revisions and additions to read as in appendix E on this standard. This follows: standard establishes methods for § 82.150 Purpose and scope. assessing the leak rate from small (a) The purpose of this subpart is to § 82.152 Definitions. containers of refrigerant. A copy of this reduce emissions of class I and class II As used in this subpart, the term: standard is available in the docket and refrigerants and their non-exempt Appliance means any device which www.arb.ca.gov/regact/2009/hfc09/ substitutes to the lowest achievable contains and uses a class I or class II hfc09.htm.www.arb.ca.gov/regact/2009/ level by maximizing the recapture and substance or substitute as a refrigerant hfc09/hfc09.htm. recycling of such refrigerants during the and which is used for household or maintenance, service, repair, and commercial purposes, including any air At this time EPA is not finalizing an disposal of appliances and restricting incorporation by reference for the conditioner, motor vehicle air the sale of refrigerants consisting in conditioner, refrigerator, chiller, or ASHRAE terminology found at https:// whole or in part of a class I or class II www.ashrae.org/resources—publi freezer. For a system with multiple ozone-depleting substance or their non- circuits, each independent circuit is cations/free-resources/ashrae-termino exempt substitutes in accordance with logy. considered a separate appliance. Title VI of the Clean Air Act. Apprentice means any person who is J. Executive Order 12898: Federal (b) This subpart applies to any person currently registered as an apprentice in Actions To Address Environmental maintaining, servicing, or repairing maintenance, service, repair, or disposal Justice in Minority Populations and appliances containing class I, class II or of appliances with the U.S. Department Low-Income Populations non-exempt substitute refrigerants. This of Labor’s Office of Apprenticeship (or subpart also applies to persons a State Apprenticeship Council EPA believes this action will not have disposing of such appliances (including recognized by the Office of disproportionately high and adverse small appliances and motor vehicle air Apprenticeship). A person may only be human health or environmental effects conditioners), refrigerant reclaimers, an apprentice for two years from the on minority or low-income populations technician certifying programs, date of first registering with that office. appliance owners and operators, because it affects the level of * * * * * environmental protection equally for all manufacturers of appliances, Batch means a single bulk cylinder of affected populations. This rule amends manufacturers of recovery and/or refrigerant after all reclamation has been the leak repair requirements for recycling equipment, approved recovery completed prior to packaging or appliances using ozone-depleting and/or recycling equipment testing shipping to the market. substances, thereby protecting human organizations, and persons buying, Class I refers to an ozone-depleting health and the environment from selling, or offering to sell class I, class substance that is listed in 40 CFR part increased amounts of UV radiation and II, or non-exempt substitute refrigerants. 82 subpart A, appendix A. increased incidence of skin cancer. The ■ 3. Amend § 82.152 by: Class II refers to an ozone-depleting effects of exposure to UV radiation and ■ a. Adding definitions for ‘‘Batch,’’ substance that is listed in 40 CFR part the estimated reduction in emissions of ‘‘Class I,’’ ‘‘Class II,’’ ‘‘Comfort cooling,’’ 82 subpart A, appendix B. ozone-depleting substances from this ‘‘Component,’’ ‘‘Leak inspection,’’ Comfort cooling means the air- rule is contained in Section II.D.1 of this ‘‘Mothball,’’ ‘‘Normal operating conditioning appliances used to provide notice. characteristics and conditions,’’ cooling in order to control heat and/or

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humidity in occupied facilities are not limited to, the use of soap repair is finished to verify that a leak or including but not limited to residential, bubbles as appropriate, electronic or leaks have been repaired before office, and commercial buildings. ultrasonic leak detectors, pressure or refrigerant is added back to the Comfort cooling appliances include but vacuum tests, fluorescent dye and black appliance. are not limited to chillers, commercial light, infrared or near infrared tests, and Leak inspection means the split systems, and packaged roof-top handheld gas detection devices. examination of an appliance to Full charge means the amount of units. determine the location of refrigerant Commercial refrigeration means the refrigerant required for normal operating leaks. Potential methods include, but refrigeration appliances used in the characteristics and conditions of the are not limited to, ultrasonic tests, gas- retail food and cold storage warehouse appliance as determined by using one or sectors. Retail food appliances include a combination of the following four imaging cameras, bubble tests as the refrigeration equipment found in methods: appropriate, or the use of a leak supermarkets, convenience stores, (1) Use of the equipment detection device operated and restaurants and other food service manufacturer’s determination of the full maintained according to manufacturer establishments. Cold storage includes charge; guidelines. Methods that determine the refrigeration equipment used to (2) Use of appropriate calculations whether the appliance is leaking store meat, produce, dairy products, and based on component sizes, density of refrigerant but not the location of a leak, other perishable goods. refrigerant, volume of piping, and other such as standing pressure/vacuum Component means a part of the relevant considerations; decay tests, sight glass checks, viewing refrigerant circuit within an appliance (3) Use of actual measurements of the receiver levels, pressure checks, and including, but not limited to, amount of refrigerant added to or charging charts, must be used in compressors, condensers, evaporators, evacuated from the appliance, including conjunction with methods that can receivers, and all of its connections and for seasonal variances; and/or determine the location of a leak. subassemblies. (4) Use of an established range based Leak rate means the rate at which an Custom-built means that the on the best available data regarding the appliance is losing refrigerant, measured industrial process equipment or any of normal operating characteristics and between refrigerant charges. The leak its components cannot be purchased conditions for the appliance, where the rate is expressed in terms of the and/or installed without being uniquely midpoint of the range will serve as the percentage of the appliance’s full charge designed, fabricated and/or assembled full charge. that would be lost over a 12-month High-pressure appliance means an to satisfy a specific set of industrial period if the current rate of loss were to appliance that uses a refrigerant with a process conditions. continue over that period. The rate must liquid phase saturation pressure Disposal means the process leading to be calculated using one of the following between 170 psia and 355 psia at 104 °F. and including: methods. The same method must be Examples include but are not limited to (1) The discharge, deposit, dumping used for all appliances subject to the appliances using R–22, R–407A, R– or placing of any discarded appliance leak repair requirements located at an 407C, R–410A, and R–502. into or on any land or water; operating facility. (2) The disassembly of any appliance Industrial process refrigeration means for discharge, deposit, dumping or complex customized appliances that are (1) Annualizing Method. (i) Step 1. placing of its discarded component directly linked to the processes used in, Take the number of pounds of parts into or on any land or water; for example, the chemical, refrigerant added to the appliance to (3) The vandalism of any appliance pharmaceutical, petrochemical, and return it to a full charge, whether in one such that the refrigerant is released into manufacturing industries. This sector addition or if multiple additions related the environment or would be released also includes industrial ice machines, to same leak, and divide it by the into the environment if it had not been appliances used directly in the number of pounds of refrigerant the recovered prior to the destructive generation of electricity, and ice rinks. appliance normally contains at full activity; Where one appliance is used for both charge; (4) The disassembly of any appliance industrial process refrigeration and (ii) Step 2. Take the shorter of the for reuse of its component parts; or other applications, it will be considered number of days that have passed since (5) The recycling of any appliance for industrial process refrigeration the last day refrigerant was added or 365 scrap. equipment if 50 percent or more of its days and divide that number by 365 Follow-up verification test means operating capacity is used for industrial days; those tests that involve checking the process refrigeration. repairs to an appliance after a successful Industrial process shutdown means (iii) Step 3. Take the number initial verification test and after the when an industrial process or facility calculated in Step 1 and divide it by the appliance has returned to normal temporarily ceases to operate or number calculated in Step 2; and operating characteristics and conditions manufacture whatever is being (iv) Step 4. Multiply the number to verify that the repairs were produced at that facility. calculated in Step 3 by 100 to calculate successful. Potential methods for Initial verification test means those a percentage. This method is follow-up verification tests include, but leak tests that are conducted after the summarized in the following formula:

(2) Rolling Average Method. (i) Step 1. refrigerant added to the appliance over period that has passed since the last Take the sum of the pounds of the previous 365-day period (or over the successful follow-up verification test

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showing all identified leaks in the (ii) Step 2. Divide the result of Step (iii) Step 3. Multiply the result of Step appliance were repaired, if that period 1 by the pounds of refrigerant the 2 by 100 to obtain a percentage. This is less than one year); appliance normally contains at full method is summarized in the following charge; and formula:

Low-loss fitting means any device that One-time expansion device means an depleting substance or substitute that is is intended to establish a connection appliance that relies on the release of its used for heat transfer purposes and between hoses, appliances, or recovery refrigerant charge to the environment in provides a cooling effect. and/or recycling machines and that is order to provide a cooling effect. These Refrigerant circuit means the parts of designed to close automatically or to be are typically single releases but could an appliance that are normally closed manually when disconnected, also include products that are designed connected to each other (or are minimizing the release of refrigerant to release refrigerant to the environment separated only by internal valves) and from hoses, appliances, and recovery through multiple individual charges. are designed to contain refrigerant. and/or recycling machines. Opening an appliance means any Retire, when referring to an appliance, Low-pressure appliance means an maintenance, service, repair, or disposal means the removal of the refrigerant and appliance that uses a refrigerant with a of an appliance that would release any the disassembly or impairment of the liquid phase saturation pressure below refrigerant in the appliance to the refrigerant circuit such that the 45 psia at 104 °F. Examples include but atmosphere. Connecting and appliance as a whole is rendered are not limited to appliances using R– disconnecting hoses and gauges to unusable by any person in the future. 11, R–123, R–113, and R–245fa. measure pressures, add refrigerant, or Retrofit means to convert an * * * * * recover refrigerant from the appliance appliance from one refrigerant to Medium-pressure appliance means an are not considered ‘‘opening an another refrigerant. Retrofitting includes appliance that uses a refrigerant with a appliance.’’ the conversion of the appliance to liquid phase saturation pressure * * * * * achieve system compatibility with the between 45 psia and 170 psia at 104 °F. Reclaim means to reprocess recovered new refrigerant and may include, but is Examples include but are not limited to refrigerant to all of the specifications in not limited to, changes in lubricants, appliances using R–114, R–124, R–12, appendix A of this subpart (based on gaskets, filters, driers, valves, o-rings or R–134a, and R–500. AHRI Standard 700–2016, appliance components. Mothball means to evacuate Specifications for Refrigerants) that are Seasonal variance means the removal refrigerant from an appliance, or the applicable to that refrigerant and to of refrigerant from an appliance due to affected isolated section or component verify that the refrigerant meets these a change in ambient conditions caused of an appliance, to at least atmospheric specifications using the analytical by a change in season, followed by the pressure, and to temporarily shut down methodology prescribed in section 5 of subsequent addition of an amount that that appliance. appendix A of this subpart. is less than or equal to the amount of * * * * * Recover means to remove refrigerant refrigerant removed in the prior change MVAC-like appliance means a in any condition from an appliance and in season, where both the removal and mechanical vapor compression, open- to store it in an external container addition of refrigerant occurs within one drive compressor appliance with a full without necessarily testing or consecutive 12-month period. charge of 20 pounds or less of processing it in any way. Self-contained recovery equipment refrigerant used to cool the driver’s or Recovery efficiency means the means refrigerant recovery and/or passenger’s compartment of off-road percentage of refrigerant in an appliance recycling equipment that is capable of vehicles or equipment. This includes, that is recovered by a piece of recovery removing the refrigerant from an but is not limited to, the air- and/or recycling equipment. appliance without the assistance of conditioning equipment found on Recycle, when referring to refrigerant, components contained in the appliance. agricultural or construction vehicles. means to extract refrigerant from an Self-sealing valve means a valve This definition is not intended to cover appliance (except MVACs) and clean it affixed to a container of refrigerant that appliances using R–22 refrigerant. for reuse in equipment of the same automatically seals when not dispensing Normal operating characteristics and owner without meeting all of the refrigerant and meets or exceeds conditions means appliance operating requirements for reclamation. In established performance criteria as temperatures, pressures, fluid flows, general, recycled refrigerant is cleaned identified in § 82.154(c)(2). speeds, and other characteristics, using oil separation and single or Small appliance means any appliance including full charge of the appliance, multiple passes through devices, such that is fully manufactured, charged, and that would be expected for a given as replaceable core filter-driers, which hermetically sealed in a factory with process load and ambient condition reduce moisture, acidity, and particulate five (5) pounds or less of refrigerant, during normal operation. Normal matter. including, but not limited to, operating characteristics and conditions Refrigerant means, for purposes of refrigerators and freezers (designed for are marked by the absence of atypical this subpart, any substance, including home, commercial, or consumer use), conditions affecting the operation of the blends and mixtures, consisting in part medical or industrial research appliance. or whole of a class I or class II ozone- refrigeration equipment, room air

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conditioners (including window air Very high-pressure appliance means § 82.158 are used whenever refrigerant conditioners, portable air conditioners, an appliance that uses a refrigerant with is removed from an appliance, the and packaged terminal air heat pumps), a critical temperature below 104 °F or technician certification provisions in , under-the-counter ice with a liquid phase saturation pressure § 82.161 are observed, and the makers, vending machines, and above 355 psia at 104 °F. Examples reclamation requirements in § 82.164 drinking water coolers. include but are not limited to are observed; or Substitute means any chemical or appliances using R–13, R–23, R–503, R– (ii) The requirements in subpart B of product, whether existing or new, that 508A, and R–508B. this part are observed. is used as a refrigerant to replace a class ■ 4. Revise § 82.154 to read as follows: (3) The knowing release of a class I or I or II ozone-depleting substance. class II refrigerant or a non-exempt Examples include, but are not limited to § 82.154 Prohibitions. substitute refrigerant after its recovery hydrofluorocarbons, perfluorocarbons, (a) Venting Prohibition. (1) No person from an appliance is a violation of the hydrofluoroolefins, hydrofluoroethers, maintaining, servicing, repairing, or venting prohibition. hydrocarbons, ammonia, carbon disposing of an appliance or industrial (b) No person may maintain, service, dioxide, and blends thereof. As used in process refrigeration may knowingly repair, or dispose of an appliance this subpart, the term ‘‘exempt vent or otherwise release into the containing a class I or class II refrigerant substitutes’’ refers to certain substitutes environment any refrigerant from such or a non-exempt substitute refrigerant when used in certain end-uses that are appliances. Notwithstanding any other without: specified in § 82.154(a)(1) as exempt provision of this subpart, the following (1) Observing the applicable practices from the venting prohibition and the substitutes in the following end-uses are in § 82.155, § 82.156, and § 82.157; and requirements of this subpart, and the exempt from this prohibition and from (2) Using recovery and/or recycling term ‘‘non-exempt substitutes’’ refers to the requirements of this subpart: equipment that is certified for that type all other substitutes and end-uses not so (i) Carbon dioxide in any application; of refrigerant and appliance under specified in § 82.154(a)(1). (ii) Nitrogen in any application; § 82.158. (iii) Water in any application; (c) Sales Restriction. (1) No person * * * * * (iv) Ammonia in commercial or may sell or distribute, or offer for sale System receiver means the isolated industrial process refrigeration or in or distribution, any substance that portion of the appliance, or a specific absorption units; consists in whole or in part of a class vessel within the appliance, that is used (v) Chlorine in industrial process I or class II substance or, starting on to hold the refrigerant charge during the refrigeration (processing of chlorine and January 1, 2018, any non-exempt servicing or repair of that appliance. chlorine compounds); substitute for use as a refrigerant unless: Technician means any person who in (vi) Hydrocarbons in industrial (i) The buyer has been certified as a the course of maintenance, service, or process refrigeration (processing of Type I, Type II, Type III, or Universal repair of an appliance (except MVACs) hydrocarbons); technician under § 82.161; could be reasonably expected to violate (vii) Ethane (R–170) in very low (ii) The buyer employs at least one the integrity of the refrigerant circuit temperature refrigeration equipment technician who is certified as a Type I, and therefore release refrigerants into and equipment for non-mechanical heat Type II, Type III, or Universal the environment. Technician also means transfer; technician under § 82.161 and provides any person who in the course of (viii) Propane (R–290) in retail food proof of such to the seller; disposal of an appliance (except small refrigerators and freezers (stand-alone (iii) The buyer has been certified in appliances, MVACs, and MVAC-like units only); household refrigerators, accordance with 40 CFR part 82, subpart appliances) could be reasonably freezers, and combination refrigerators B and the refrigerant is acceptable for expected to violate the integrity of the and freezers; self-contained room air use in MVACs under 40 CFR part 82, refrigerant circuit and therefore release conditioners for residential and light subpart G; refrigerants from the appliances into the commercial air-conditioning; heat (iv) The buyer employs at least one environment. Activities reasonably pumps; and vending machines; person who is certified under 40 CFR expected to violate the integrity of the (ix) Isobutane (R–600a) in retail food part 82, subpart B, and provides proof refrigerant circuit include but are not refrigerators and freezers (stand-alone of such to the seller and the refrigerant limited to: Attaching or detaching hoses units only); household refrigerators, is acceptable for use in MVACs under and gauges to and from the appliance; freezers, and combination refrigerators 40 CFR part 82, subpart G. Nothing in adding or removing refrigerant; adding and freezers; and vending machines; this provision relieves persons of the or removing components; and cutting (x) R–441A in retail food refrigerators requirements of § 82.34(b) or § 82.42(b); the refrigerant line. Activities such as and freezers (stand-alone units only); (v) The refrigerant is sold only for painting the appliance, rewiring an household refrigerators, freezers, and eventual resale to persons certified external electrical circuit, replacing combination refrigerators and freezers; under § 82.161 or 40 CFR part 82, insulation on a length of pipe, or self-contained room air conditioners for subpart B or to appliance manufacturers tightening nuts and bolts are not residential and light commercial air- (e.g., sold by a manufacturer to a reasonably expected to violate the conditioning; heat pumps; and vending wholesaler, sold by a technician to a integrity of the refrigerant circuit. machines. reclaimer); Activities conducted on appliances that (2) De minimis releases associated (vi) The refrigerant is sold to an have been properly evacuated pursuant with good faith attempts to recycle or appliance manufacturer; to § 82.156 are not reasonably expected recover refrigerants are not subject to (vii) The refrigerant is contained in an to release refrigerants unless the activity this prohibition. Except for exempt appliance with a fully assembled includes adding refrigerant to the substitutes, refrigerant releases are de refrigerant circuit or an appliance appliance. Technicians could include minimis only if they occur when: component; but are not limited to installers, (i) The applicable practices in (viii) The refrigerant is charged into contractor employees, in-house service § 82.155, § 82.156, and § 82.157 are an appliance by a certified technician or personnel, and owners and/or operators observed, recovery and/or recycling an apprentice during maintenance, of appliances. machines that meet the requirements in service, or repair of the appliance; or

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(ix) The non-exempt substitute (d) Sale of Used Refrigerant. No containing class I and class II refrigerant is intended for use in an person may sell or distribute, or offer for refrigerants. Starting on January 1, 2018, MVAC and is sold in a container sale or distribution, for use as a this section applies to disposal of designed to hold two pounds or less of refrigerant any class I or class II appliances containing any class I or refrigerant, has a unique fitting, and has substance or non-exempt substitute class II refrigerant or any non-exempt a self-sealing valve. consisting wholly or in part of used substitute refrigerant. (2) Self-sealing valve specifications. refrigerant unless the refrigerant: (a) Persons recovering refrigerant from This provision applies starting January (1) Has been reclaimed by a person a small appliance, MVAC, or MVAC-like 1, 2018, for all containers holding two who has been certified as a reclaimer appliance for purposes of disposal of pounds or less of non-exempt substitute under § 82.164; these appliances must evacuate refrigerant for use in an MVAC that are (2) was used only in an MVAC or refrigerant to the levels in § 82.156(b) manufactured or imported on or after MVAC-like appliance and is to be used through (d) using recovery equipment that date. only in an MVAC or MVAC-like that meets the standards in § 82.158(e) (i) Each container holding two pounds appliance and recycled in accordance through (g), or 40 CFR part 82 subpart or less of non-exempt substitute with 40 CFR part 82, subpart B; B, as applicable. refrigerant for use in an MVAC must be (3) is contained in an appliance that (b) The final processor—i.e., persons equipped with a single self-sealing valve is sold or offered for sale together with who take the final step in the disposal that automatically closes and seals a fully assembled refrigerant circuit; process (including but not limited to when not dispensing refrigerant. (4) is being transferred between or scrap recyclers and landfill operators) of (ii) The leakage rate from each among a parent company and one or a small appliance, MVAC, or MVAC-like container must not exceed 3.00 grams more of its subsidiaries, or between or appliance—must either: per year when the self-sealing valve is among subsidiaries having the same (1) Recover any remaining refrigerant closed. This leakage rate applies to new, parent company; or from the appliance in accordance with full containers as well as containers that (5) is being transferred between or paragraph (a) of this section; or may be partially full. among a Federal agency or department (2) Verify using a signed statement or (iii) The leakage rate must be and a facility or facilities owned by the a contract that all refrigerant that had determined using the standards same Federal agency or department. not leaked previously has been described in appendix E (incorporated (e) Manufacture and Sale of recovered from the appliance or by reference, see § 82.168). Appliances. (1) No person may sell or shipment of appliances in accordance (iv) All testing to demonstrate distribute, or offer for sale or with paragraph (a) of this section. If compliance with this paragraph must be distribution, any appliance (except using a signed statement, it must conducted by an independent test small appliances and appliances include the name and address of the laboratory in the United States. For containing only refrigerants that have person who recovered the refrigerant purposes of this requirement, an been exempted under paragraph (a)(1) of and the date the refrigerant was independent test laboratory is one that this section) unless it is equipped with recovered. If using a signed contract is not owned, operated, or affiliated a servicing aperture to facilitate the between the supplier and the final with the applicant certifying equipment removal of refrigerant at servicing and processor, it must either state that the and/or products. disposal. supplier will recover any remaining (3) Recordkeeping. (i) Persons who (2) No person may sell or distribute, refrigerant from the appliance or sell or distribute, or offer to sell or or offer for sale or distribution, any shipment of appliances in accordance distribute, any class I or class II small appliance (except appliances with paragraph (a) of this section prior refrigerant, or, starting on January 1, containing only refrigerants that have to delivery or verify that the refrigerant 2018, any non-exempt substitute been exempted under paragraph (a)(1) of had been properly recovered prior to refrigerant must keep invoices that this section) unless it is equipped with receipt by the supplier. indicate the name of the purchaser, the a process stub to facilitate the removal (i) It is a violation of this subpart to date of sale, and the quantity of of refrigerant at servicing and disposal. accept a signed statement or contract if refrigerant purchased unless they are (f) One-time expansion devices. No the person receiving the statement or selling exempt substitutes (those person may manufacture or import a contract knew or had reason to know substitutes used in the end-uses one-time expansion device unless the that the signed statement or contract is specified as exempt in paragraph (a)(1) only refrigerants it contains have been false. of this section) or small cans of MVAC exempted under paragraph (a)(1) of this (ii) The final processor must notify refrigerant in accordance with section. suppliers of appliances that refrigerant paragraph (c)(1)(ix) of this section. In (g) Rules stayed for consideration. must be properly recovered in instances where the buyer employs a Notwithstanding any other provisions of accordance with paragraph (a) of this person certified under § 82.161 or 40 this subpart, the effectiveness of 40 CFR section before delivery of the items to CFR part 82, subpart B, the seller must 82.154(c), only as it applies to the facility. The form of this notification keep the documentation provided by the refrigerant contained in appliances may be signs, letters to suppliers, or buyer to demonstrate such employment. without fully assembled refrigerant other equivalent means. All records must be kept for three years. circuits, is stayed from April 27, 1995, (iii) If all the refrigerant has leaked (ii) Electronic or paper copies of all until EPA takes final action on its out of the appliance, the final processor records described in appendix E must reconsideration of these provisions. EPA must obtain a signed statement that all be maintained by manufacturers of will publish any such final action in the the refrigerant in the appliance had containers holding two pounds or less Federal Register. leaked out prior to delivery to the final of non-exempt substitute refrigerant for ■ 5. Add § 82.155 to subpart F to read processor and recovery is not possible. use in an MVAC to verify self-sealing as follows: ‘‘Leaked out’’ in this context means valves meet the requirements specified those situations in which the refrigerant in paragraph (c)(2) of this section. All § 82.155 Safe disposal of appliances. has escaped because of system failures, records must be kept for three years Until January 1, 2018, this section accidents, or other unavoidable after each purchase. applies only to disposal of appliances occurrences not caused by a person’s

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negligence or deliberate acts such as the liquid refrigerant, to the levels in from the level attainable through use of cutting refrigerant lines. Table 1 using a recovery and/or heat to atmospheric pressure; or (c) Recordkeeping. The final processor recycling machine certified pursuant to (iii) For the purposes of oil changes, of a small appliance, MVAC, or MVAC- § 82.158 unless the situations in be evacuated or pressurized to a like appliance must keep a copy of all paragraphs (a)(1) or (2) of this section pressure no higher than 5 psig, before it the signed statements or contracts apply. Technicians may evacuate either is opened; or drain the oil into a system obtained under paragraph (b)(2) of this the entire appliance or the part to be receiver to be evacuated or pressurized section on site, in hard copy or in serviced, if the refrigerant in the part to a pressure no higher than 5 psig. electronic format, for three years. can be isolated to a system receiver. A (2) If leaks in the appliance make ■ 6. Amend § 82.156 by: technician must verify that the evacuation to the levels in Table 1 ■ (a) Revising the section heading; applicable level of evacuation has been unattainable or would substantially ■ (b) Adding an introductory paragraph; reached in the appliance or the part contaminate the refrigerant being ■ (c) Revising paragraphs (a) through before it is opened. recovered, persons opening or disposing (h); and (1) If evacuation of the appliance to of the appliance must: ■ (d) Adding paragraph (i) introductory the atmosphere is not to be performed (i) Isolate leaking from non-leaking text; and after completion of the maintenance, components wherever possible; ■ (e) Adding paragraph (j). service, or repair, and if the (ii) Evacuate non-leaking components The revisions and additions to read as maintenance, service, or repair is not to be opened or disposed of to the levels follows: major as defined at § 82.152, the specified in Table 1; and § 82.156 Proper evacuation of refrigerant appliance must: (iii) Evacuate leaking components to from appliances. (i) Be evacuated to a pressure no be opened or disposed of to the lowest Until January 1, 2018, this section higher than 0 psig before it is opened if level that can be attained without applies only to evacuation of refrigerant it is a medium-, high- or very high- substantially contaminating the from appliances containing class I or pressure appliance; refrigerant. This level may not exceed 0 class II refrigerants. Starting on January (ii) Be pressurized to a pressure no psig. 1, 2018, this section applies to higher than 0 psig before it is opened if (3) Recordkeeping. As of January 1, evacuation of refrigerant from it is a low-pressure appliance. Persons 2018, technicians evacuating refrigerant appliances containing any class I or must cover openings when isolation is from appliances with a full charge of class II refrigerant or any non-exempt not possible. Persons pressurizing low- more than 5 and less than 50 pounds of substitute refrigerant, excluding pressure appliances that use refrigerants refrigerant for purposes of disposal of paragraph (i) of this section which with boiling points at or below 85 that appliance must keep records applies only to appliances containing degrees Fahrenheit at 29.9 inches of documenting the following for three class I or class II refrigerants until mercury (standard atmospheric years: January 1, 2019. Starting January 1, pressure), must not use methods such as (i) The company name, location of the 2019, the provisions in § 82.157 apply nitrogen that require subsequent appliance, date of recovery, and type of in lieu of paragraph (i) of this section. purging. Persons pressurizing low- refrigerant recovered for each appliance; (a) Appliances (except small pressure appliances that use refrigerants (ii) The total quantity of refrigerant, appliances, MVACs, and MVAC-like with boiling points above 85 degrees by type, recovered from all disposed appliances). Before opening appliances Fahrenheit at 29.9 inches of mercury, appliances in each calendar month; and (except small appliances, MVACs, and must use heat to raise the internal (iii) The quantity of refrigerant, by MVAC-like appliances) or disposing of pressure of the appliance as much as type, transferred for reclamation and/or such appliances, technicians must possible, but may use nitrogen to raise destruction, the person to whom it was evacuate the refrigerant, including all the internal pressure of the appliance transferred, and the date of transfer.

TABLE 1—REQUIRED LEVELS OF EVACUATION FOR APPLIANCES [Except for small appliances, MVACs, and MVAC-like appliances]

Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9 inches Hg) Type of appliance Using recovery and/or Using recovery and/or recycling equipment recycling equipment manufactured or manufactured or imported before imported on or after November 15, 1993 November 15, 1993

Very high-pressure appliance ...... 0 ...... 0. High-pressure appliance, or isolated component of such appliance, with a full charge of less 0 ...... 0. than 200 pounds of refrigerant. High-pressure appliance, or isolated component of such appliance, with a full charge of 200 4 ...... 10. pounds or more of refrigerant. Medium-pressure appliance, or isolated component of such appliance, with a full charge of less 4 ...... 10. than 200 pounds of refrigerant. Medium-pressure appliance, or isolated component of such appliance, with a full charge of 200 4 ...... 15. pounds or more of refrigerant. Low-pressure appliance ...... 25 mm Hg absolute ... 25 mm Hg absolute.

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(b) Small appliances. Before opening pounds of class I and class II refrigerants performed prior to the return to normal a small appliance or when disposing of only until January 1, 2019. The operating characteristics and conditions. a small appliance, persons must recover definitions in paragraph (j) of this A follow-up verification test with refrigerant, using a recovery and/or section apply for purposes of this respect to repairs conducted without recycling machine certified pursuant to paragraph (i) in lieu of the definitions in evacuation of the refrigerant charge § 82.158, according to the following § 82.152. means a reverification test conducted conditions: * * * * * after the initial verification test and (1) When using recovery equipment (j) Definitions for the leak repair usually within 30 days of normal manufactured before November 15, provisions in 82.156(i). These operating conditions. Where an 1993, recover 80 percent of the definitions are not applicable to any appliance is not evacuated, it is only refrigerant in the small appliance; or other portion of subpart F other than necessary to conclude any required (2) When using recovery equipment 82.156(i). Along with paragraph (i) of changes in pressure, temperature or manufactured on or after November 15, this section, the definitions in this other conditions to return the appliance 1993, recover 90 percent of the section apply only until January 1, 2019. to normal operating characteristics and refrigerant in the appliance when the Appliance means, for the purposes of conditions. compressor in the appliance is paragraph (i) of this section, any device Full charge means, for the purposes of functioning, or 80 percent of the which contains and uses a refrigerant paragraph (i) of this section, the amount refrigerant in the appliance when the and which is used for household or of refrigerant required for normal compressor in the appliance is not commercial purposes, including any air operating characteristics and conditions functioning; or conditioner, refrigerator, chiller, or of the appliance as determined by using (3) Evacuate the appliance to four freezer. one or a combination of the following inches of mercury vacuum. Commercial refrigeration means, for four methods: (c) MVAC-like appliances. Persons (i) Use the equipment manufacturer’s the purposes of paragraph (i) of this may only open MVAC-like appliances determination of the correct full charge section, the refrigeration appliances while properly using, as defined at for the equipment; utilized in the retail food and cold § 82.32(e), recovery and/or recycling (ii) Determine the full charge by storage warehouse sectors. Retail food equipment certified pursuant to making appropriate calculations based includes the refrigeration equipment § 82.158(f) or § 82.36, as applicable. All on component sizes, density of found in supermarkets, convenience persons recovering refrigerant from refrigerant, volume of piping, and other stores, restaurants and other food MVAC-like appliances for purposes of relevant considerations; service establishments. Cold storage disposal of these appliances must (iii) Use actual measurements of the includes the equipment used to store evacuate the appliance in accordance amount of refrigerant added or meat, produce, dairy products, and with 40 CFR part 82, subpart B or evacuated from the appliance; and/or other perishable goods. All of the reduce the system pressure to or below (iv) Use an established range based on equipment contains large refrigerant 102 mm of mercury vacuum. the best available data regarding the (d) MVACs. All persons recovering charges, typically over 75 pounds. normal operating characteristics and refrigerant from MVACs for purposes of Critical component means, for the conditions for the appliance, where the disposal of these appliances must purposes of paragraph (i) of this section, midpoint of the range will serve as the evacuate the appliance in accordance a component without which industrial full charge, and where records are with 40 CFR part 82, subpart B or process refrigeration equipment will not maintained in accordance with reduce the system pressure to or below function, will be unsafe in its intended § 82.166(q). 102 mm of mercury vacuum. environment, and/or will be subject to Industrial process refrigeration (e) System-dependent equipment may failures that would cause the industrial means, for the purposes of paragraph (i) not be used with appliances with a full process served by the refrigeration of this section, complex customized charge of more than 15 pounds of appliance to be unsafe. appliances used in the chemical, refrigerant, unless the system-dependent Custom-built means, for the purposes pharmaceutical, petrochemical and equipment is permanently attached to of paragraph (i) of this section, that the manufacturing industries. These the appliance as a pump-out unit. equipment or any of its critical appliances are directly linked to the (f) Persons who maintain, service, components cannot be purchased and/ industrial process. This sector also repair, or dispose of only appliances or installed without being uniquely includes industrial ice machines, that they own and that contain pump- designed, fabricated and/or assembled appliances used directly in the out units are exempt from the to satisfy a specific set of industrial generation of electricity, and ice rinks. requirement to use certified, self- process conditions. Where one appliance is used for both contained recovery and/or recycling Follow-up verification test means, for industrial process refrigeration and equipment. the purposes of paragraph (i) of this other applications, it will be considered (g) All recovery and/or recycling section, those tests that involve industrial process refrigeration equipment must be used in accordance checking the repairs within 30 days of equipment if 50 percent or more of its with the manufacturer’s directions the appliance’s returning to normal operating capacity is used for industrial unless such directions conflict with the operating characteristics and conditions. process refrigeration. requirements of this subpart. Follow-up verification tests for Industrial process shutdown means, (h) Refrigerant may be returned to the appliances from which the refrigerant for the purposes of paragraph (i) of this appliance from which it is recovered or charge has been evacuated means a test section, that an industrial process or to another appliance owned by the same conducted after the appliance or portion facility temporarily ceases to operate or person without being recycled or of the appliance has resumed operation manufacture whatever is being reclaimed, unless the appliance is an at normal operating characteristics and produced at that facility. MVAC or MVAC-like appliance. conditions of temperature and pressure, Initial verification test means, for the (i) The provisions in this paragraph (i) except in cases where sound purposes of paragraph (i) of this section, apply to owners and operators of professional judgment dictates that those leak tests that are conducted as appliances containing 50 or more these tests will be more meaningful if soon as practicable after the repair is

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completed. An initial verification test, Leak rate means, for the purposes of charge and divide it by the number of with regard to the leak repairs that paragraph (i) of this section, the rate at pounds of refrigerant the appliance require the evacuation of the appliance which an appliance is losing refrigerant, normally contains at full charge; or portion of the appliance, means a test measured between refrigerant charges. (B) Step 2. Take the shorter of the conducted prior to the replacement of The leak rate is expressed in terms of number of days that have passed since the full refrigerant charge and before the the percentage of the appliance’s full the last day refrigerant was added or 365 appliance or portion of the appliance charge that would be lost over a 12- days and divide that number by 365 has reached operation at normal month period if the current rate of loss days; operating characteristics and conditions were to continue over that period. The (C) Step 3. Take the number of temperature and pressure. An initial rate is calculated using only one of the calculated in Step 1. and divide it by the verification test with regard to repairs following methods for all appliances number calculated in Step 2.; and conducted without the evacuation of the located at an operating facility. (D) Step 4. Multiply the number refrigerant charge means a test (i) Method 1. (A) Step 1. Take the calculated in Step 3. by 100 to calculate conducted as soon as practicable after number of pounds of refrigerant added a percentage. This method is the conclusion of the repair work. to the appliance to return it to a full summarized in the following formula:

(ii) Method 2. (A) Step 1. Take the last repaired, if that period is less than (C) Step 3. Multiply the result of Step sum of the quantity of refrigerant added one year), 2. by 100 to obtain a percentage. This to the appliance over the previous 365- (B) Step 2. Divide the result of Step method is summarized in the following day period (or over the period that has 1. by the quantity (e.g., pounds) of formula: passed since leaks in the appliance were refrigerant the appliance normally contains at full charge, and

Normal operating characteristics or EPA approved replacement for a class I § 82.157 Appliance maintenance and leak conditions means, for the purposes of or II ozone-depleting substance in a repair. paragraph (i) of this section, given refrigeration or air-conditioning (a) Applicability. This section applies temperatures, pressures, fluid flows, end-use. as of January 1, 2019. This section speeds and other characteristics that Suitable replacement refrigerant applies only to appliances with a full would normally be expected for a given means, for the purposes of paragraph (i) charge of 50 or more pounds of any process load and ambient condition of this section, a refrigerant that is class I or class II refrigerant or any non- during operation. Normal operating acceptable under section 612(c) of the exempt substitute refrigerant. Unless characteristics and conditions are Clean Air Act Amendments of 1990 and otherwise specified, the requirements of marked by the absence of atypical all regulations promulgated under that this section apply to the owner or conditions affecting the operation of the section, compatible with other materials operator of the appliance. refrigeration appliance. with which it may come into contact, (b) Leak Rate Calculation. Persons Normally containing a quantity of and able to achieve the temperatures adding or removing refrigerant from an refrigerant means, for the purposes of required for the affected industrial appliance must, upon conclusion of that paragraph (i) of this section, containing process in a technically feasible manner. service, provide the owner or operator the quantity of refrigerant within the with documentation that meets the appliance or appliance component System mothballing means, for the applicable requirements of paragraph when the appliance is operating with a purposes of paragraph (i) of this section, (l)(2) of this section. The owner or full charge of refrigerant. the intentional shutting down of a operator must calculate the leak rate Refrigerant means, for the purposes of refrigeration appliance undertaken for every time refrigerant is added to an paragraph (i) of this section, any an extended period of time by the appliance unless the addition is made substance consisting in part or whole of owners or operators of that facility, immediately following a retrofit, a class I or class II ozone-depleting where the refrigerant has been installation of a new appliance, or substance that is used for heat transfer evacuated from the appliance or the qualifies as a seasonal variance. affected isolated section of the purposes and provides a cooling effect. (c) Requirement to Address Leaks appliance, at least to atmospheric Substitute means, for the purposes of through Appliance Repair, or pressure. paragraph (i) of this section, any Retrofitting or Retiring an Appliance. (1) chemical or product, whether existing ■ 7. Add § 82.157 to Subpart F to read Owners or operators must repair or new, that is used by any person as an as follows: appliances with a leak rate over the

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applicable leak rate in this paragraph in this section. An initial verification test (ii) Requirements of other applicable accordance with paragraphs (d) through must demonstrate that leaks where a Federal, state, or local regulations make (f) of this section unless the owner or repair attempt was made are repaired. a repair within 30 days (or 120 days if operator elects to retrofit or retire the (i) For repairs that can be completed an industrial process shutdown is appliance in compliance with without the need to open or evacuate required) impossible. Additional time is paragraphs (h) and (i) of this section. If the appliance, the test must be permitted to the extent needed to the owner or operator elects to repair performed after the conclusion of the comply with the pertinent regulations. leaks, but fails to bring the leak rate repair work and before any additional (iii) Components that must be below the applicable leak rate, the refrigerant is added to the appliance. replaced as part of the repair are not owner or operator must create and (ii) For repairs that require the available within 30 days (or 120 days if implement a retrofit or retirement plan evacuation of the appliance or portion an industrial process shutdown is in accordance with paragraphs (h) and of the appliance, the test must be required). Additional time is permitted (i) of this section. performed before adding any refrigerant up to 30 days after receiving delivery of (2) Leak Rates: to the appliance. the necessary components, not to (i) 20 percent leak rate for commercial (iii) If the initial verification test exceed 180 days (or 270 days if an refrigeration equipment; indicates that the repairs have not been industrial process shutdown is required) (ii) 30 percent leak rate for industrial successful, the owner or operator may from the date the appliance exceeded process refrigeration equipment; and conduct as many additional repairs and the applicable leak rate. (iii) 10 percent leak rate for comfort initial verification tests as needed (2) Repairs to leaks that the technician cooling appliances or other appliances within the applicable time period. has identified as significantly with a full charge of 50 or more pounds (2) Follow-up verification test. A contributing to the exceedance of the of refrigerant not covered by (c)(2)(i) or follow-up verification test must be leak rate and that do not require (ii) of this section. performed within 10 days of the additional time must be completed and (d) Appliance Repair. Owners or successful initial verification test or 10 verified within the initial 30 day repair operators must identify and repair leaks days of the appliance reaching normal period (or 120 day repair period if an in accordance with this paragraph operating characteristics and conditions industrial process shutdown is within 30 days (or 120 days if an (if the appliance or isolated component required); industrial process shutdown is required) was evacuated for the repair(s)). Where (3) The owner or operator must of when refrigerant is added to an it is unsafe to be present or otherwise document all repair efforts and the appliance exceeding the applicable leak impossible to conduct a follow-up reason for the inability to make the rate in paragraph (c) of this section. verification test when the system is repair within the initial 30 day repair (1) A certified technician must operating at normal operating period (or 120 day repair period if an conduct a leak inspection, as described characteristics and conditions, the industrial process shutdown is in paragraph (g) of this section, to verification test must, where required); and identify the location of leaks. practicable, be conducted prior to the (4) The owner or operator must (2) Leaks must be repaired such that system returning to normal operating request an extension from EPA at the the leak rate is brought below the characteristics and conditions. address specified in paragraph (m) of applicable leak rate. This must be (i) A follow-up verification test must this section within 30 days (or 120 days confirmed by the leak rate calculation demonstrate that leaks where a repair if an industrial process shutdown is performed upon the next refrigerant attempt was made are repaired. If the required) of the appliance exceeding the addition. The leaks will be presumed to follow-up verification test indicates that applicable leak rate in paragraph (c) of be repaired if there is no further the repairs have not been successful, the this section. Extension requests must refrigerant addition for 12 months after owner or operator may conduct as many include: Identification and address of the repair or if the leak inspections additional repairs and verification tests the facility; the name of the owner or required under paragraph (g) do not find as needed to bring the appliance below operator of the appliance; the leak rate; any leaks in the appliance. Repair of the leak rate within the applicable time the method used to determine the leak leaks must be documented by both an period and to verify the repairs. rate and full charge; the date the initial and a follow-up verification test (f) Extensions to the appliance repair appliance exceeded the applicable leak or tests. deadlines. Owners or operators are rate; the location of leak(s) to the extent (3) The time frames in paragraphs (d) permitted more than 30 days (or 120 determined to date; any repair work that through(f) of this section are temporarily days if an industrial process shutdown has been performed thus far, including suspended when an appliance is is required) to comply with paragraphs the date that work was completed; the mothballed. The time will resume on (d) and (e) of this section if they meet reasons why more than 30 days (or 120 the day additional refrigerant is added the requirements of (f)(1) through (4) of days if an industrial process shutdown to the appliance (or component of an this section or the appliance is is required) are needed to complete the appliance if the leaking component was mothballed. The request will be repair; and an estimate of when the isolated). considered approved unless EPA work will be completed. If the estimated (e) Verification tests. The owner or notifies the owners or operators completion date is to be extended, a operator must conduct both initial and otherwise. new estimated date of completion and follow-up verification tests on each leak (1) One or more of the following documentation of the reason for that that was repaired under paragraph (d) of conditions must apply: change must be submitted to EPA this section. (i) The appliance is located in an area within 30 days of identifying that the (1) Initial verification test. Unless subject to radiological contamination or completion date must be extended. The granted additional time, an initial shutting down the appliance will owner or operator must keep a dated verification test must be performed directly lead to radiological copy of this submission. within 30 days (or 120 days if an contamination. Additional time is (g) Leak Inspections. (1) The owner or industrial process shutdown is required) permitted to the extent needed to operator must conduct a leak inspection of an appliance exceeding the conduct and finish repairs in a safe in accordance with the following applicable leak rate in paragraph (c) of working environment. schedule on any appliance exceeding

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the applicable leak rate in paragraph (A) Only be used to monitor compatibility with the new substitute, if (c)(2) of this section. components located inside an enclosed retrofitted; (i) For commercial refrigeration and building or structure; (v) Plan for the disposition of industrial process refrigeration (B) Have sensors or intakes placed so recovered refrigerant; appliances with a full charge of 500 or that they will continuously monitor the (vi) Plan for the disposition of the more pounds, leak inspections must be refrigerant concentrations in air in appliance, if retired; and conducted once every three months proximity to the compressor, (vii) A schedule, not to exceed one- until the owner or operator can evaporator, condenser, and other areas year, for completion of the appliance demonstrate through the leak rate with a high potential for a refrigerant retrofit or retirement. calculations required under paragraph leak; (3) The retrofit or retirement plan (b) of this section that the appliance has (C) Accurately detect a concentration must be signed by an authorized not leaked in excess of the applicable level of 10 parts per million of vapor of company official, dated, accessible at leak rate for four quarters in a row. the specific refrigerant or refrigerants the site of the appliance in paper copy or electronic format, and available for (ii) For commercial refrigeration and used in the refrigeration appliance(s); EPA inspection upon request. industrial process refrigeration and appliances with a full charge of 50 or (4) All identified leaks must be (D) Alert the owner or operator when repaired as part of any retrofit under more pounds but less than 500 pounds, a refrigerant concentration of 100 parts leak inspections must be conducted such a plan. per million of vapor of the specific (5)(i) Unless granted additional time, once per calendar year until the owner refrigerant or refrigerants used in the all work performed in accordance with or operator can demonstrate through the refrigeration appliance(s) is reached. the plan must be finished within one leak rate calculations required under (ii) For a system that monitors its year of the plan’s date (not to exceed 13 paragraph (b) of this section that the surrounding in a manner other than months from when the plan was appliance has not leaked in excess of detecting refrigerant concentrations in required in paragraph (h)(1) of this the applicable leak rate for one year. air or monitor conditions of the (iii) For comfort cooling appliances section). appliance, the system must (ii) The owner or operator may and other appliances not covered by automatically alert the owner or request that EPA relieve it of the paragraphs (g)(1)(i) and (ii) of this operator when measurements indicate a obligation to retrofit or retire an section, leak inspections must be loss of 50 pounds of refrigerant or 10 appliance if the owner or operator can conducted once per calendar year until percent of the full charge, whichever is establish within 180 days of the plan’s the owner or operator can demonstrate less. date that the appliance no longer through the leak rate calculations (iii) When automatic leak detection exceeds the applicable leak rate and if required under paragraph (b) of this equipment is only being used to monitor the owner or operator agrees in writing section that the appliance has not portions of an appliance, the remainder to repair all identified leaks within one leaked in excess of the applicable leak of the appliance continues to be subject year of the plan’s date consistent with rate for one year. to any applicable leak inspection paragraph (h)(4) and (h)(5)(i) of this (2) Leak inspections must be requirements. conducted by a certified technician section. The owner or operator must (h) Retrofit or retirement plans. (1) submit to EPA the retrofit or retirement using method(s) determined by the The owner or operator must create a technician to be appropriate for that plan as well as the following retrofit or retirement plan within 30 information: The date that the appliance. days of: (3) All visible and accessible requirement to develop a retrofit or (i) an appliance leaking above the components of an appliance must be retirement plan was triggered; the leak applicable leak rate in paragraph (c) of inspected, with the following rate; the method used to determine the this section if the owner or operator exceptions: leak rate and full charge; the location of (i) Where components are insulated, intends to retrofit or retire rather than the leak(s) identified in the leak under ice that forms on the outside of repair the leak; inspection; a description of repair work equipment, underground, behind walls, (ii) an appliance leaking above the that has been completed; a description or are otherwise inaccessible; applicable leak rate in paragraph (c) of of repair work that has not been (ii) Where personnel must be elevated this section if the owner or operator fails completed; a description of why the more than two meters above a support to take any action to identify or repair repair was not conducted within the surface; or the leak; or time frames required under paragraphs (iii) Where components are unsafe to (iii) an appliance continues to leak (d) and (f) of this section; and a inspect, as determined by site above the applicable leak rate after statement signed by an authorized personnel. having conducted the required repairs official that all identified leaks will be (4) Quarterly or annual leak and verification tests under paragraphs repaired and an estimate of when those inspections are not required on (d) and (e) of this section. repairs will be completed (not to exceed appliances, or portions of appliances, (2) A retrofit or retirement plan must, one year from date of the plan). The continuously monitored by an at a minimum, contain the following request will be considered approved automatic leak detection system that is information: unless EPA notifies the owners or audited or calibrated annually. An (i) Identification and location of the operators within 60 days of receipt of automatic leak detection system may appliance; the request that it is not approved. directly detect refrigerant in air, monitor (ii) Type and full charge of the (i) Extensions to the one-year retrofit its surrounding in a manner other than refrigerant used in the appliance; or retirement schedule. Owners or detecting refrigerant concentrations in (iii) Type and full charge of the operators may request more than one air, or monitor conditions of the refrigerant to which the appliance will year to comply with paragraph (h) of appliance. be converted, if retrofitted; this section if they meet the (i) For systems that directly detect the (iv) Itemized procedure for converting requirements of this paragraph. The presence of a refrigerant in air, the the appliance to a different refrigerant, request will be considered approved system must: including changes required for unless EPA notifies the owners or

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operators within 60 days of receipt of receiving delivery of the necessary efficiency of 98 percent or greater will the request that it is not approved. The parts; or not be counted toward the leak rate. request must be submitted to EPA at the (iii) After receiving an extension (l) Recordkeeping. All records address specified in § 82.157(m) within under paragraph (i)(2)(ii) of this section, identified in this paragraph must be seven months of discovering the owners or operators may request kept for at least three years in electronic appliance exceeded the applicable leak additional time if necessary to finish the or paper format, unless otherwise rate. The request must include the retrofit or retirement of equipment. The specified. identification of the appliance; name of request must be submitted to EPA before (1) Owners or operators must the owner or operator; the leak rate; the the end of the ninth month of the initial determine the full charge of all method used to determine the leak rate extension and must include the same appliances with 50 or more pounds of and full charge; the date the appliance information submitted for that refrigerant and maintain the following exceeded the applicable leak rate; the extension, with any necessary revisions. information for each appliance until location of leaks(s) to the extent A dated copy of the request must be three years after the appliance is retired: determined to date; any repair work that available on-site in either electronic or (i) The identification of the owner or has been finished thus far, including the paper copy. The request will be operator of the appliance; date that work was finished; a plan to considered approved unless EPA (ii) The address where the appliance finish the retrofit or retirement of the notifies the owners or operators within is located; appliance; the reasons why more than 60 days of receipt of the request that it (iii) The full charge of the appliance one year is necessary to retrofit or retire is not approved. and the method for how the full charge the appliance; the date of notification to (3) Extensions available to Federally was determined; EPA; and an estimate of when retrofit or owned equipment. Owners or operators (iv) If using method 4 (using an retirement work will be finished. A of federally owned commercial or established range) for determining full dated copy of the request must be comfort-cooling equipment may request charge, records must include the range available on-site in either electronic or an additional year beyond the one-year for the full charge of the appliance, its paper copy. If the estimated completion period in paragraph (h) of this section midpoint, and how the range was date is to be revised, a new estimated to finish the retrofit or retirement under determined; date of completion and documentation the following circumstances: (v) Any revisions of the full charge, of the reason for that change must be (i) A delivery time of more than 30 how they were determined, and the submitted to EPA at the address weeks from the beginning of the official dates such revisions occurred. specified in § 82.157(m) within 30 days. procurement process is quoted due to (2) Owners or operators must Additionally, the time frames in complications presented by the Federal maintain a record including the paragraphs (h) and (i) of this section are agency appropriations and/or following information for each time an temporarily suspended when an procurement process; appliance with a full charge of 50 or appliance is mothballed. The time will (ii) The appliance is located in an area more pounds is maintained, serviced, resume running on the day additional subject to radiological contamination repaired, or disposed of, when refrigerant is added to the appliance (or and creating a safe working applicable. If the maintenance, service, component of an appliance if the environment will require more than 30 repair, or disposal is done by someone leaking component was isolated). weeks; or other than the owner or operator, that (1) Extensions available to any (iii) After receiving a one-year person must provide a record containing appliance. Owners or operators of extension under paragraphs (i)(3)(i) or the following information, with the commercial refrigeration, industrial (ii) of this section, additional time may exception of (l)(2)(vii) and (viii) of this process refrigeration, comfort-cooling, be requested if necessary to finish the section, to the owner or operator: or other equipment are automatically retrofit or retirement of equipment. The (i) The identity and location of the allowed 18 months to retire an request must be submitted to EPA before appliance; appliance if the replacement appliance the end of the ninth month of the one- (ii) The date of the maintenance, uses a substitute refrigerant exempted year extension and must include the service, repair, or disposal performed; under § 82.154(a). same information submitted for that (iii) The part(s) of the appliance being (2) Extensions available to industrial one-year extension, with any necessary maintained, serviced, repaired, or process refrigeration. Owners or revisions. A dated copy of the request disposed; operators of industrial process must be available on-site in either (iv) The type of maintenance, service, refrigeration equipment may request electronic or paper copy. The request repair, or disposal performed for each additional time beyond the one-year will be considered approved unless EPA part; period in paragraph (h) of this section notifies the owners or operators within (v) The name of the person to finish the retrofit or retirement under 60 days of receipt of the request that it performing the maintenance, service, the following circumstances. is not approved. repair, or disposal; (i) Requirements of other applicable (j) Chronically leaking appliances. (vi) The amount and type of Federal, state, or local regulations make Owners or operators of appliances refrigerant added to, or in the case of a retrofit or retirement within one year containing 50 pounds or more of disposal removed from, the appliance; impossible. Additional time is refrigerant that leak 125 percent or more (vii) The full charge of the appliance; permitted to the extent needed to of the full charge in a calendar year and comply with the pertinent regulations; must submit a report to EPA at the (viii) The leak rate and the method (ii) The new or the retrofitted address in paragraph (m) of this section. used to determine the leak rate (not equipment is custom-built as defined in This report must be submitted by March applicable when disposing of the this subpart and the supplier of the 1 of the subsequent year and describe appliance, following a retrofit, installing appliance or one of its components has efforts to identify leaks and repair the a new appliance, or if the refrigerant quoted a delivery time of more than 30 appliance. addition qualifies as a seasonal weeks from when the order is placed. (k) Purged refrigerant. In calculating variance). The appliance or appliance components annual leak rates, purged refrigerant that (3) Owners or operators must keep must be installed within 120 days after is destroyed at a verifiable destruction records of leak inspections that include

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the date of inspection, the method(s) (i) The identification of the facility where the appliance is located. The used to conduct the leak inspection, a and a contact person, including the report must include the information list of the location of each leak that was address and telephone number; included in paragraph (l)(9) of this identified, and a certification that all (ii) A description of the appliance, section. visible and accessible parts of the focusing on aspects relevant to the ■ 8. Revise § 82.158 to read as follows: appliance were inspected. Technicians purging of refrigerant and subsequent conducting leak inspections must, upon destruction; § 82.158 Standards for recovery and/or recycling equipment. conclusion of that service, provide the (iii) A description of the methods owner or operator of the appliance with used to determine the quantity of Starting January 1, 2017, this section documentation that meets these refrigerant sent for destruction and type applies to recovery and/or recycling requirements. of records that are being kept by the equipment for use during the (4) If using an automatic leak owners or operators where the maintenance, service, repair, or disposal detection system, the owner or operator appliance is located; of appliances containing any class I or must maintain records regarding the (iv) The frequency of monitoring and class II refrigerant or any non-exempt installation and the annual audit and data-recording; and substitute refrigerant. calibration of the system, a record of (v) A description of the control (a) No person may manufacture or each date the monitoring system device, and its destruction efficiency. import recovery and/or recycling identified a leak, and the location of the (10) Owners or operators that exclude equipment for use during the leak. additions of refrigerant due to seasonal maintenance, service, repair, or disposal of appliances unless the equipment is (5) Owners or operators must variance from their leak rate calculation certified in accordance with this maintain records of the dates and results must maintain records stating that they section. of all initial and follow-up verification are using the seasonal variance flexibility and documenting the amount (b) No person may alter the design of tests. Records must include the location certified refrigerant recovery and/or of the appliance, the date(s) of the added and removed under § 82.157(l)(2). (11) Owners or operators that submit recycling equipment in a way that verification tests, the location(s) of all reports to EPA in accordance with would affect the equipment’s ability to repaired leaks that were tested, the paragraph (m) of this section must meet the certification standards in this type(s) of verification test(s) used, and maintain copies of the submitted reports section without resubmitting the altered the results of those tests. Technicians and any responses from EPA. design for certification testing. Until it conducting initial or follow-up (m) Reporting. All notifications must is tested and shown to meet the verification tests must, upon conclusion be submitted electronically to certification standards in this section, of that service, provide the owner or [email protected] unless the equipment so altered will be considered operator of the appliance with notification contains confidential uncertified. documentation that meets these business information. If the notification (c) Recovery and/or recycling requirements. contains confidential business equipment manufactured or imported (6) Owners or operators must information, the information should be before November 15, 1993, intended for maintain retrofit or retirement plans submitted to: Section 608 Program use during the maintenance, service, developed in accordance with Manager; Stratospheric Protection repair, or disposal of appliances (except paragraph (h) of this section. Division; Mail Code: 6205T; U.S. small appliances, MVACs, and MVAC- (7) Owners or operators must Environmental Protection Agency; 1200 like appliances) will be considered maintain retrofit and/or extension Pennsylvania Avenue NW., Washington, certified if it is capable of achieving the requests submitted to EPA in DC 20460. level of evacuation specified in Table 2 accordance with paragraph (i) of this (1) Owners or operators must notify of this section when tested using a section. EPA at this address in accordance with properly calibrated pressure gauge. (8) Owners or operators that suspend paragraph (f) of this section when (d) Manufacturers and importers of the deadlines in this section by seeking an extension of time to recovery and/or recycling equipment mothballing an appliance must keep complete repairs. must have such equipment certified by records documenting when the (2) Owners or operators must notify an approved equipment testing appliance was mothballed and when EPA at this address in accordance with organization as follows: additional refrigerant was added to the paragraph (h)(5)(ii) of this section when (1) Recovery and/or recycling appliance (or isolated component). seeking relief from the obligation to equipment manufactured or imported (9) Owners or operators who exclude retrofit or retire an appliance. on or after November 15, 1993, and purged refrigerants that are destroyed (3) Owners or operators must notify before September 22, 2003, intended for from annual leak rate calculations must EPA at this address in accordance with use during the maintenance, service, maintain records to support the amount paragraph (i) of this section when repair, or disposal of appliances (except of refrigerant claimed as sent for seeking an extension of time to small appliances, MVACs, and MVAC- destruction. Records must be based on complete the retrofit or retirement of an like appliances) must be certified by an a monitoring strategy that provides appliance. approved equipment testing reliable data to demonstrate that the (4) Owners or operators must notify organization as being capable of amount of refrigerant claimed to have EPA at this address in accordance with achieving the level of evacuation been destroyed is not greater than the paragraph (j) of this section for any specified in Table 2 of this section amount of refrigerant actually purged appliance that leaks 125 percent or more under the conditions of appendix B1 of and destroyed and that the 98 percent of the full charge in a calendar year. this subpart (based upon the ARI or greater destruction efficiency is met. (5) When excluding purged Standard 740–1993, Performance of Records must include flow rate, refrigerants that are destroyed from Refrigerant Recovery, Recycling and/or quantity or concentration of the annual leak rate calculations, owners or Reclaim Equipment). refrigerant in the vent stream, and operators must notify EPA at this (2) Recovery and/or recycling periods of purge flow. Records must address within 60 days after the first equipment manufactured or imported include: time the exclusion is used by the facility on or after September 22, 2003, and

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before January 1, 2017, intended for use this subpart (based upon the ARI like appliances) must be certified by an during the maintenance, service, repair, Standard 740–1995, Performance of approved equipment testing or disposal of appliances (except small Refrigerant Recovery, Recycling and/or organization as being capable of appliances, MVACs, and MVAC-like Reclaim Equipment). achieving the level of evacuation appliances) must be certified by an (3) Recovery and/or recycling specified in Table 2 of this section approved equipment testing equipment manufactured or imported under the conditions of appendix B3 organization as being capable of on or after January 1, 2017, intended for (for non-flammable refrigerants) based achieving the level of evacuation use during the maintenance, service, upon AHRI Standard 740–2016 or specified in Table 2 of this section repair, or disposal of appliances (except appendix B4 (for flammable refrigerants) under the conditions of appendix B2 of small appliances, MVACs, and MVAC- of this subpart.

TABLE 2—LEVELS OF EVACUATION WHICH MUST BE ACHIEVED BY RECOVERY AND/OR RECYCLING EQUIPMENT [Except for small appliances, MVACs, and MVAC-like appliances.]

Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9 inches Hg) Type of appliance with which recovery and/or recycling machine is intended to be used Manufactured or Manufactured or imported before imported on or after November 15, 1993 November 15, 1993

HCFC–22 appliances, or isolated component of such appliances, with a full charge of less than 0 ...... 0. 200 pounds of refrigerant. HCFC–22 appliances, or isolated component of such appliances, with a full charge of 200 4 ...... 10. pounds or more of refrigerant. Very high-pressure appliances ...... 0 ...... 0. Other high-pressure appliances, or isolated component of such appliances, with a full charge of 4 ...... 10. less than 200 pounds of refrigerant. Other high-pressure appliances, or isolated component of such appliances, with a full charge of 4 ...... 15. 200 pounds or more of refrigerant. Medium-pressure appliances, or isolated component of such appliances, with a full charge of 4 ...... 10. less than 200 pounds of refrigerant. Medium-pressure appliances, or isolated component of such appliances, with a full charge of 4 ...... 15. 200 pounds or more of refrigerant. Low-pressure appliances ...... 25 mm Hg absolute ... 25 mm Hg absolute.

(4) Recovery and/or recycling (7) The equipment must be equipped (2) Equipment manufactured or equipment whose recovery efficiency with low-loss fittings on all hoses. imported on or after November 15, 1993, cannot be tested according to the (8) The equipment must have its may also be certified if it is capable of procedures in appendix B1, B2, B3, or liquid recovery rate and its vapor achieving a four-inch vacuum under the B4 of this subpart as applicable may be recovery rate measured under the conditions of appendix B1 of this certified if an approved third-party conditions of appendix B1, B2, B3, or subpart, based upon ARI Standard 740– testing organization adopts and B4 as applicable, unless the equipment 1993. performs a test that demonstrates, to the has no inherent liquid or vapor recovery (3) Equipment manufactured or satisfaction of the Administrator, that rate. imported on or after September 22, the recovery efficiency of that (e) Small Appliances. Equipment used 2003, and before January 1, 2017, may equipment is equal to or better than that during the maintenance, service, repair, also be certified if it is capable of of equipment that: or disposal of small appliances must be achieving a four-inch vacuum under the (i) Is intended for use with the same certified by an approved equipment conditions of appendix B2 of this type of appliance; and testing organization to be capable of subpart, based upon ARI Standard 740– recovering 90 percent of the refrigerant 1995. (ii) Achieves the level of evacuation in the test stand when the compressor (4) Equipment manufactured or in Table 2. The manufacturer’s of the test stand is operational and 80 imported on or after January 1, 2017, instructions must specify how to percent of the refrigerant when the may also be certified if it is capable of achieve the required recovery efficiency, compressor of the test stand is not achieving a four-inch vacuum under the and the equipment must be tested when operational, when used in accordance conditions of appendix B3 of this used according to these instructions. with the manufacturer’s instructions subpart (for non-flammable refrigerants), (5) The equipment must meet the under the conditions of appendix C, based upon AHRI Standard 740–2016 or minimum requirements for certification Method for Testing Recovery Devices for appendix B4 of this subpart (for under appendix B1, B2, B3, or B4 of this Use with Small Appliances. flammable refrigerants), based upon subpart as applicable. (1) Equipment manufactured or both AHRI Standard 740–2016 and UL (6) If the equipment is equipped with imported before November 15, 1993, 1963, Supplement SB, Requirements for a noncondensables purge device, the will be considered certified if it is Refrigerant Recovery/Recycling equipment must not release more than capable of either recovering 80 percent Equipment Intended for Use with a 3 percent of the quantity of refrigerant of the refrigerant in the system, whether Flammable Refrigerant, Fourth Edition, being recycled through or not the compressor of the test stand June 1, 2011. noncondensables purging under the is operational, or achieving a four-inch (5) Equipment used to evacuate any conditions of appendix B1, B2, B3, or vacuum when tested using a properly class I or class II refrigerant or any non- B4 of this subpart as applicable. calibrated pressure gauge. exempt substitute refrigerant from small

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appliances before they are disposed of must place a label on each piece of MVACs, and MVAC-like appliances) may also be certified if it is capable of equipment stating the following: must have approved equipment testing achieving a four-inch vacuum when THIS EQUIPMENT HAS BEEN organizations conduct either: tested using a properly calibrated CERTIFIED BY [APPROVED (1) Retests of certified recovery and/ pressure gauge. EQUIPMENT TESTING or recycling equipment in accordance (f) MVAC-like appliances. (1) ORGANIZATION] TO MEET EPA’s with paragraphs (d) and (e) of this Manufacturers and importers of MINIMUM REQUIREMENTS FOR section; or recovery and/or recycling equipment RECYCLING OR RECOVERY (2) Inspections of recovery and/or intended for use during the EQUIPMENT INTENDED FOR USE recycling equipment at manufacturing maintenance, service, repair, or disposal WITH [APPROPRIATE CATEGORY OF facilities to ensure that each equipment of MVAC-like appliances must certify model line that has been certified under such equipment in accordance with APPLIANCE]. this section continues to meet the subpart B of this part. (2) The label must also show the date certification criteria. (2) Equipment manufactured or of manufacture and the serial number (if imported before November 15, 1993, applicable) of the equipment. The label (j) Revocation. An equipment model intended for use during the must be affixed in a readily visible or line that has been certified under this maintenance, service, or repair of accessible location, be made of a section may have its certification MVAC-like appliances must be capable material expected to last the lifetime of revoked if it is subsequently determined of reducing the system pressure to 102 the equipment, present required to fail to meet the certification criteria. mm of mercury vacuum under the information in a way that it is likely to In such cases, the Administrator must conditions of appendix A of subpart B remain legible for the lifetime of the give notice to the manufacturer or of this part. equipment, and be affixed in such a way importer setting forth the basis for the (g) MVACs. Manufacturers and that it cannot be removed from the determination. importers of recovery and/or recycling equipment without damage to the label. (k) Equipment that is advertised or equipment intended for use during the (i) Retesting. At least once every three marketed as ‘‘recycling equipment’’ maintenance, service, repair, or disposal years, manufacturers or importers of must be capable of recycling the of MVACs must certify such equipment certified recovery and/or recycling standard contaminated refrigerant in accordance with subpart B of this equipment intended for use during the sample of appendix B2, B3, or B4 of this part. maintenance, service, or repair of subpart (as applicable) to the levels in (h) Labeling. (1) Manufacturers and appliances (except MVACs or MVAC- the following table when tested under importers of equipment certified under like appliances) or during the disposal the conditions of appendix B2, B3 or B4 paragraphs (d) and (e) of this section of appliances (except small appliances, of this subpart:

MAXIMUM LEVELS OF CONTAMINANTS PERMISSIBLE IN REFRIGERANT PROCESSED THROUGH EQUIPMENT ADVERTISED AS ‘‘RECYCLING’’ EQUIPMENT

Low-pressure (R–11, R–123, R–113) Contaminants systems R–12 systems All other systems

Acid Content (by wt.) ...... 1.0 PPM ...... 1.0 PPM ...... 1.0 PPM. Moisture (by wt.) ...... 20 PPM ...... 10 PPM ...... 20 PPM. Noncondensable Gas (by vol.) N/A ...... 2.0% ...... 2.0%. High Boiling Residues (by vol.) 1.0% ...... 0.02% ...... 0.02%. Chlorides by Silver Nitrate Test ...... No ...... No turbidity ...... No turbidity. ...... Visually clean ...... Visually clean ...... Visually clean.

■ 9. Revise § 82.160 to read as follows: (2) Verification of the organization’s personnel to verify the information expertise in equipment testing and the contained in the application. § 82.160 Approved equipment testing technical experience of the organizations. (c) Organizations may not certify organization’s personnel. equipment before receiving approval (a) Any equipment testing (3) Verification of the organization’s from EPA. If approval is denied under organization may apply for approval by knowledge of the standards and this section, the Administrator must the Administrator to certify equipment recordkeeping and reporting give written notice to the organization under the standards in § 82.158 and requirements of this subpart. setting forth the basis for the appendices B2, B3, B4, or C of this determination. subpart. Applications must be sent to (4) A description of the organization’s [email protected], or if containing program for verifying the performance (d) If an approved testing organization confidential business information, of certified recovery and/or recycling conducts certification tests in a way not mailed to: Section 608 Program equipment manufactured over the long consistent with the representations Manager, Stratospheric Protection term, specifying whether retests of made in its application or with the Division, Mail Code: 6205T, U.S. equipment or inspections of equipment provisions of this subpart, the Environmental Protection Agency, 1200 at manufacturing facilities will be used. Administrator may revoke approval in Pennsylvania Avenue NW., Washington, (5) Verification that the organization accordance with § 82.169. In such cases, DC 20460. has no conflict of interest and receives the Administrator must give notice to (b) Applications for approval must no direct or indirect financial benefit the organization setting forth the basis include: from the outcome of certification for the determination. (1) A list of equipment present at the testing. (e) Recordkeeping and reporting. (1) organization that will be used for (6) Agreement to allow the Approved equipment testing equipment testing. Administrator access to records and organizations must maintain records of

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equipment testing and performance and (v) Technicians who maintain, accordance with this paragraph, by a list of equipment that meets EPA service, or repair MVAC-like appliances submitting to the Administrator at the requirements. This list must include the must either be certified as Type II address in § 82.160(a) verification that name of the manufacturer and the name technicians or be certified in accordance the program meets all the standards and/or serial number of the model line. with 40 CFR part 82, subpart B. listed in appendix D of this subpart. The Approved equipment testing (vi) Persons who maintain, service, or Administrator reserves the right to organizations must publish online a list repair MVAC appliances for consider other relevant factors to ensure of all certified equipment that includes consideration must be certified in the effectiveness of certification the information specified above and accordance with 40 CFR part 82, subpart programs. If approval is denied under update the list annually. B. this section, the Administrator must (2) Approved equipment testing (vii) Persons who dispose of small give written notice to the program organizations must notify EPA at appliances, MVACs, and MVAC-like setting forth the basis for the [email protected] if retests of appliances are not required to be determination. equipment or inspections of certified. (3) Alternative Examinations. manufacturing facilities conducted (2) Apprentices are exempt from the Programs are encouraged to make under to § 82.158(i) show that a requirement in paragraph (a)(1) of this provisions for non-English speaking previously certified model line fails to section provided the apprentice is technicians by providing tests in other meet EPA requirements. Such closely and continually supervised by a languages or allowing the use of a notification must be received within certified technician while performing translator when taking the test. A test thirty days of the retest or inspection. any maintenance, service, repair, or may be administered orally to any (3) All records must be maintained for disposal that could reasonably be person who makes this request, in three years after the equipment is no expected to release refrigerant from an writing, to the program at least 30 days longer offered for sale. Online lists must appliance into the environment, except before the scheduled date for the contain certified equipment until three those substitute refrigerants exempted examination. The written request must years after that equipment is no longer under paragraph (a)(1) of this section. explain why the request is being made. offered for sale. The supervising certified technician and (4) Proof of Certification. Programs ■ 10. Revise § 82.161 to read as follows: the apprentice have the responsibility to certifying technicians must provide ensure that the apprentice complies technicians with identification cards in § 82.161 Technician certification. with this subpart. accordance with section (f) of appendix Until January 1, 2018, this section (3) The Administrator may require D of this subpart. applies only to technicians and technicians to demonstrate at their place (5) Programs certifying technicians organizations certifying technicians that of business their ability to perform must maintain records in accordance maintain, service, or repair appliances proper procedures for recovering and/or with section (g) of appendix D of this containing class I or class II refrigerants. recycling refrigerant, except those subpart. Starting on January 1, 2018, this section substitute refrigerants exempted under (6) Starting January 1, 2018, programs applies to technicians and organizations paragraph (a)(1) of this section. Failure certifying technicians, excluding certifying technicians that maintain, to demonstrate or failure to properly use Federally-run programs, must publish service, or repair appliances containing the equipment may result in revocation online a list of all technicians they have any class I or class II refrigerant or any or suspension of the certificate. Failure certified on or after January 1, 2017. non-exempt substitute refrigerant. to abide by any of the provisions of this Certifying organizations must update (a) Certification Requirements. (1) subpart may also result in revocation or these lists at least annually. Any person who could be reasonably suspension of the certificate. If a (i) The list must include the first expected to violate the integrity of the technician’s certificate is revoked, the name, middle initial, and last name of refrigerant circuit during the technician would need to recertify the certified technician, the technician’s maintenance, service, repair, or disposal before maintaining, servicing, repairing, city of residence when taking the test, of appliances (as follows in this or disposing of any appliances. the type(s) of certification received, and paragraph) containing a class I or class (4) (i) Technicians certified under this the date each certification was received. II refrigerant or a non-exempt substitute section must keep a copy of their (ii) Programs certifying technicians refrigerant must pass a certification certificate at their place of business. must provide notice to technicians that exam offered by an approved technician (ii) Technicians must maintain a copy such information will be published certification program. of their certificate until three years after online in compliance with any other (i) Persons who maintain, service, or no longer operating as a technician. Federal, state or local regulations, and repair small appliances must be (5) Recertification. The Administrator allow technicians to opt out of being certified as Type I technicians. reserves the right to specify a included in such lists. (ii) Persons who maintain, service, requirement for technician (7) If an approved program violates repair, or dispose of medium-, high-, or recertification at some future date, if any of the above requirements, the very high-pressure appliances (except necessary, by placing a notice in the Administrator may revoke approval in small appliances, MVACs, and MVAC- Federal Register. accordance with § 82.169. In such cases, like appliances) must be certified as (b) Requirements for Technician the Administrator must give notice to Type II technicians. Certification Programs. (1) No the organization setting forth the basis (iii) Persons who maintain, service, technician training or testing program for the determination. repair, or dispose of low-pressure may issue certificates under this section (c) Test Subject Material. A bank of appliances must be certified as Type III unless the program complies with all test questions developed by the technicians. the standards of this section and Administrator consists of groups, (iv) Persons who maintain, service, appendix D, and has been granted including a core group and technical repair, or dispose of all appliances approval by the Administrator. groups. The Administrator will release described in paragraph (a)(1)(i) through (2) Program Approval. Persons may this bank of questions only to approved (iii) of this section must be certified as seek approval of any technician technician certification programs. Each Universal technicians. certification program (program), in test for each type of certification must

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include at least 25 questions drawn refrigerant meets the necessary methods for determining the full charge from the core group and at least 25 specifications in paragraph (a)(2) of this as defined in § 82.156(j) must maintain questions drawn from each relevant section. the following information: technical group. These questions must (2) Reclaimers must maintain records * * * * * address the subject areas in appendix D of the names and addresses of persons ■ 14. Add § 82.168 to read as follows: of this subpart. sending them material for reclamation and the quantity of the material (the § 82.168 Incorporation by Reference. § 82.162 [Removed and Reserved] combined mass of refrigerant and (a) Certain material is incorporated by ■ 11. Remove and reserve § 82.162. contaminants) by refrigerant type sent to reference into this subpart part with the ■ 12. Revise § 82.164 to read as follows: them for reclamation. Such records approval of the Director of the Federal must be maintained on a transactional § 82.164 Reclaimer certification. Register under 5 U.S.C. 552(a) and 1 basis for three years. CFR part 51. You can obtain the (a) All persons reclaiming used class (3) Reclaimers must report to the material from the sources listed below. I or II refrigerant or non-exempt Administrator annually by February 1 of You may inspect a copy of the approved substitute refrigerant for sale to a new the next calendar year the total annual material at U.S. EPA’s Air and Radiation owner must meet the following quantity of material (the combined mass Docket; EPA West Building, Room 3334, requirements: of refrigerant and contaminants) by 1301 Constitution Ave. NW., (1) Reclaim such refrigerant to all the refrigerant type sent to them for Washington, DC, or at the National specifications in appendix A of this reclamation, the total annual mass of Archives and Records Administration subpart (based on AHRI Standard 700– each refrigerant reclaimed, and the total (NARA). For information on the 2016, Specifications for Refrigerants) annual mass of waste products. availability of this material at NARA, that are applicable to that refrigerant; (e) Failure to abide by any of the (2) Verify that each batch of such call (202) 741–6030 or go to http:// provisions of this subpart may result in www.archives.gov/federal_register/ refrigerant reclaimed meets these revocation or suspension of the _ _ _ _ specifications using the analytical code of federal regulations/ibr certification of the reclaimer in locations.html. methodology prescribed in appendix A accordance with § 82.169. In such cases, of this subpart, which includes the (b) Air-Conditioning, Heating, and the Administrator must give notice to Refrigeration Institute (AHRI), 2111 primary methodologies included in the organization setting forth the basis appendix A of AHRI Standard 700– Wilson Boulevard, Suite 500, Arlington, for the determination. VA 22201, www.ahrinet.org. 2016; ■ (3) Release no more than 1.5 percent 13. Amend § 82.166 by: (1) AHRI Standard 110–2016, 2016 ■ of the refrigerant during the reclamation a. Revising the section heading; Standard for Air-Conditioning, Heating ■ process; b. Adding the introductory paragraph; and Refrigerating Equipment Nameplate ■ (4) Dispose of wastes from the c. Removing and reserving paragraphs Voltages, copyright 2016, into Appendix reclamation process in accordance with (a) through (i), and (l); and B3 to subpart F. ■ all applicable laws and regulations; and d. Revising paragraph (m) and the (2) 2008 Appendix C to AHRI (5) Maintain records and submit introductory text of paragraph (q). Standard 700–2014, 2008 Appendix C reports in accordance with paragraph Revisions and addition to read as for Analytical Procedures for AHRI (d) of this section. follows: Standard 700–2014—Normative, copyright 2008, into Appendix A to (b) The owner or a responsible officer § 82.166 Reporting and recordkeeping reclaiming used refrigerant for sale to a requirements for leak repair. subpart F. new owner, except for persons who (3) 2008 Appendix D to AHRI This section contains leak repair properly certified under this section Standard 700–2014, 2012 Appendix D reporting and recordkeeping before May 11, 2004, must certify to the for Gas Chromatograms for AHRI requirements that apply to owners and Administrator at the address in Standard 700–2014—Informative, operators of appliances containing 50 or § 82.160(a) that they will meet the copyright 2012, into Appendix A to more pounds of class I or class II requirements in paragraph (a) of this subpart F. refrigerants until January 1, 2019. section. The certification must include (c) American Society of Heating, Starting January 1, 2019, the the name and address of the reclaimer Refrigerating and Air-Conditioning recordkeeping and reporting and a list of equipment used to reclaim Engineers, Inc., (ASHRAE), 1791 Tullie requirements in the leak repair the refrigerant to the required standard, Circle NE., Atlanta, GA 30329, U.S.A. provisions in § 82.157(l) and (m) apply and to analyze the refrigerant to ensure (1) ANSI/ASHRAE Standard 63.2– to owners and operators of appliances it meets these specifications. 1996 (RA 2010), Method of Testing containing 50 or more pounds of class (c) Certificates are not transferable. In Liquid-Line Filter Drier Filtration I or class II refrigerants or non-exempt the event of a change in ownership of Capability, Reaffirmed June 26, 2010, substitutes. an entity which reclaims refrigerant, the into Appendix B3 to subpart F. (a)–(i) [Reserved] new owner of the entity must certify (d) ASTM International, 100 Barr with the Administrator within 30 days * * * * * Harbor Drive, P.O. Box C700, West of the change that they will meet the (l) [Reserved] Conshohocken, PA 19428–2959, reclaimer certification requirements. In (m) All records required to be www.astm.org. the event of a change in business maintained pursuant to this section (1) ASTM D1296–01 (Reapproved management, location, or contact must be kept for a minimum of three 2012), Standard Test Method for Odor information, the owner of the entity years unless otherwise indicated. of Volatile Solvents and Diluents, must notify EPA within 30 days of the * * * * * approved July 1, 2012, into Appendix A change at the address in § 82.160(a). (q) Owners or operators choosing to to subpart F. (d) Recordkeeping and reporting. (1) determine the full charge as defined in (2) [Reserved] Reclaimers must maintain records, by § 82.156(j) of an affected appliance by (e) Gas Processors Association, 6526 batch, of the results of the analysis using an established range or using that East 60th Street, Tulsa, Oklahoma conducted to verify that reclaimed methodology in combination with other 74145.

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(1) GPA Standard STD–2177–13, 143a, R–152a, R–218, R–227ea, R–236fa, R– 4.2.4 Sulfur odor Analysis of Natural Gas Liquid Mixtures 245fa, R–1233zd(E), R–1234yf, R–1234ze(E); 4.2.5 High boiling residue Containing Nitrogen and Carbon 2.1.2 Single Component Hydrocarbon 4.2.6 Particulates/ Dioxide by Gas Chromatography, Refrigerants: R–50, R–170, R–E170, R–290, 4.2.7 Acidity R–600, R–600a, R–601, R–601a, R–610, R– 4.2.8 Water Revised, copyright 2013, into Appendix 1150, R–1270; 4.2.9 All other volatile impurities A to subpart F. 2.1.3 Carbon Dioxide Refrigerant: R–744; 4.2.10 Total C3, C4, and C5 polyolefins (2) [Reserved] 2.1.4 Zeotropic Blend Refrigerants: R– 4.3 Carbon Dioxide Characterization. (f) General Services Administration, 401A, R–401B, R–402A, R–402B, R–403A, R– Characterization of carbon dioxide (Table 1C) 301 7th St. SW., Washington, DC 20410. 403B, R–404A, R–405A, R–406A, R–407A, R– and its contaminants are listed in the (1) BB–F–1421B, Federal 407B, R–407C, R–407D, R–407E, R–407F, R– following general classifications: Specification for ‘‘Fluorocarbon 408A, R–409A, R–409B, R–410A, R–410B, R– 4.3.1 Purity Refrigerants,’’ dated March 5, 1982, IBR 411A, R–411B, R–412A, R–413A, R–414A, R– 4.3.2 Air and other non-condensables approved for Appendix A to subpart F. 414B, R–415A, R–415B, R–416A, R–417A, R– 4.3.3 Water (2) [Reserved] 417B, R–417C, R–418A, R–419A, R–419B, R– 4.3.4 High boiling residue (g) International Electrotechnical 420A, R–421A, R–421B, R–422A, R–422B, R– 4.3.5 Particulates/solids Commission (IEC), 3, rue de Varembe´, 422C, R–422D, R–422E, R–423A, R–424A, R– Section 5. Sampling and Summary of Test 425A, R–426A, R–427A, R–428A, R–429A, Procedures P.O. Box 131. CH–1211 Geneva 20— R–430A, R–431A, R–434A, R–435A, R–437A, Switzerland, 41 22 919 02 11, http:// R–438A, R–439A, R–440A, R–442A, R–444A, 5.1 Referee Test. The referee test methods www.iec.ch. R–444B, R–445A, R–446A, R–447A, R–448A, for the various contaminants are summarized (1) IEC 60038, IEC Standard Voltages, R–449A, R–450A; in the following paragraphs. Detailed test Edition 7.0, 2009–06, into Appendix B3 2.1.5 Zeotropic Hydrocarbon Blend procedures are included in 2008 Appendix C to subpart F. Refrigerants: R–432A, R–433A, R–433B, R– to AHRI Standard 700–2014 (incorporated by (2) [Reserved] 433C, R–436A, R–436B, R–441A, R–443A; reference, see § 82.168). If alternative test (h) Underwriters Laboratories (UL), and methods are employed, the user must be able 2.1.6 Azeotropic Blend Refrigerants: R– to demonstrate that they produce results at 333 Pfingsten Road, Northbrook, IL least equivalent to the specified referee test 60062, 847–272–8800, http:// 500, R–502, R–503, R–507A, R–508A, R– 508B, R–509A, R–510A, R–511A, and R– method. www.ul.com. 512A. 5.2 Refrigerant Sampling (1) UL 1963, Standard for Safety 5.2.1 Sampling Precautions. Special Requirements for Refrigerant Recovery/ Section 3. Definitions precautions should be taken to ensure that Recycling Equipment, Fourth Edition 3.1 Definitions. All terms in this representative samples are obtained for (with revisions through October 13, appendix will follow the definitions in analysis. Sampling shall be done by qualified 2013), June 1, 2011, in appendix B3 to § 82.152 unless otherwise defined in this personnel following accepted sampling and subpart F, appendix B4 to subpart F. appendix. safety procedures. Refrigerants with critical (2) [Reserved] 3.2 Shall, Should, Recommended, or It Is temperatures near or below ambient Recommended shall be interpreted as temperature cannot be reliably sampled for ■ 15. Amend subpart F by revising follows: both liquid and vapor phase without special appendix A to read as follows: 3.2.1 Shall. Where ‘‘shall’’ or ‘‘shall not’’ handling. Note: Flammable refrigerants which are Appendix A to Subpart F of Part 82— is used for a provision specified, that provision is mandatory if compliance with ASHRAE 34 class 2L, 2, or 3 present Specifications for Refrigerants this appendix is claimed. additional safety challenges and require This appendix is based on the Air- 3.2.2 Should, Recommended, or It is additional measures for sampling safety Conditioning, Heating, and Refrigeration Recommended is used to indicate provisions procedures compared to nonflammable Institute Standard 700–2016, Specifications which are not mandatory but which are documented in this standard. for Refrigerants. desirable as good practice. 5.2.2 Cylinder Preparation. Place a clean, empty sample cylinder with the valve open Section 1. Purpose Section 4. Characterization of Refrigerants in an oven at 110 °C (230 °F) for one hour. 1.1 Purpose. The purpose of this standard and Contaminants Remove it from the oven while hot, is to evaluate and accept/reject refrigerants 4.1 Characterization. Characterization of immediately connect it to an evacuation regardless of source (i.e., new, reclaimed single component fluorocarbon (Table 1A) system and evacuate to less than 56 kPa. and/or repackaged) for use in new and and zeotropic/azeotropic blend (Table 2A/3) Close the valve and allow it to cool. Weigh existing refrigeration and air-conditioning refrigerants and contaminants are listed in the empty cylinder. products as required under 40 CFR part 82. the following general classifications: 5.2.3 Vapor Phase Sampling. A vapor 1.1.1 Intent. This standard is intended for 4.1.1 Isomer content (see Table 1A) phase sample shall be obtained for the guidance of the industry including 4.1.2 Air and other non-condensables (see determining the non-condensables. The manufacturers, refrigerant reclaimers, Tables 1A, 2A, 3) source temperature shall be measured and repackagers, distributors, installers, 4.1.3 Water (see Tables 1A, 2A, 3) recorded at the time the sample is taken. servicemen, contractors and for consumers. 4.1.4 All other volatile impurities (see 5.2.3.1 Special Handling for Low Critical 1.1.2 Review and Amendment. This Tables 1A, 2A, 3) Temperature Refrigerant. A vapor phase standard is subject to review and amendment 4.1.5 High boiling residue (see Tables 1A, sample is required to determine non- as the technology advances. 2A, 3) condensables and volatile impurities, 4.1.6 Halogenated unsaturated volatile including other refrigerants. The vapor phase Section 2. Scope impurities (see Table 1A) sample is obtained by regulating the sample 2.1 Scope. This standard specifies 4.1.7 Particulates/solids (see Tables 1A, container temperature to 5 K or more above acceptable levels of contaminants (purity 2A, 3) the refrigerant critical temperature. requirements) for various fluorocarbon and 4.1.8 Acidity (see Tables 1A, 2A, 3) 5.2.3.2 Handling for Liquid Refrigerants other refrigerants regardless of source and 4.1.9 Chloride (see Tables 1A, 2A, 3) with Boiling Points Near or Above Room lists acceptable test methods. These 4.2 Hydrocarbon Characterization. Temperature. Since R–11, R–113, R–123, R– refrigerants are as referenced in the ANSI/ Characterization of hydrocarbon refrigerants 141b, R–245fa, and R–1233zd(E) have normal ASHRAE Standard 34 with Addenda: (Tables 1B and 2B) and contaminants are boiling points near or above room 2.1.1 Single-Component Fluorocarbon listed in the following general classifications: temperature, non-condensable determination Refrigerants: R–11, R–12, R–13, R–22, R–23, 4.2.1 Nominal composition is not required for these refrigerants. R–32, R–113, R–114, R–115, R–116, R–123, 4.2.2 Other allowable impurities Note: Non-condensable gases, if present, R–124, R–125, R–134a, R–141b, R–142b, R– 4.2.3 Air and other non-condensables will concentrate in the vapor phase of the

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refrigerant; care must be exercised to 2014 (incorporated by reference, see 5.8.2 Limits. The value for high boiling eliminate introduction of either air or liquid § 82.168). This method can be used for residue shall be expressed as a percentage by phase refrigerant during the sample transfer. refrigerants that are either a liquid or a gas volume or weight and shall not exceed the 5.2.4 Liquid Phase Sampling. A liquid at . For all refrigerants, the maximum percent specified in Tables 1A, 1B, phase sample is required for all tests listed sample for water analysis shall be taken from 1C, 2A, 2B, and 3. in this standard except the test for non- the liquid phase of the container to be tested. 5.9 Particulates and Solids. condensables. 5.4.2 Limits. The value for water content 5.9.1 Method. A measured amount of 5.2.4.1 Liquid Sampling. Accurate shall be expressed in parts per million (ppm) sample shall be placed in a Goetz bulb under analysis requires that the sample cylinder, at by weight and shall not exceed the maximum controlled temperature conditions. The ambient temperature, be filled to at least 60 specified in Tables 1A, 1B, 1C, 2A, 2B, and particulates/solids shall be determined by percent by volume; however, under no 3. visual examination of the Goetz bulb prior to circumstances should the cylinder be filled 5.5 Conductivity. (Alternative to chloride the evaporation of refrigerant. For details of to more than 80 percent by volume. This can and acidity tests). this test method, refer to Part 3 of 2008 be accomplished by weighing the empty 5.5.1 Method. A refrigerant may be tested Appendix C to AHRI Standard 700–2014 cylinder and then the cylinder with for conductivity as an indication of the (incorporated by reference, see § 82.168). refrigerant. When the desired amount of presence of , metal chlorides, and any Note: R–744 will partially sublimate when refrigerant has been collected, close the compound that ionizes in water. This measuring a known amount of liquid sample valve(s) and immediately disconnect the alternative procedure is intended for use into the dry Goetz bulb and the solid R–744 sample cylinder. with new or reclaimed refrigerants, however, will interfere with the visual examination of Note: Care should be taken to ensure that significant amounts of oil can interfere with particulates/solids. Determining the all connections and transfer lines are dry and the test results. particulates/solids shall be completed by evacuated to avoid contaminating the 5.5.2 Limits. The value for conductivity visual examination of the Goetz bulb after the sample. shall be converted to and expressed in ppm evaporation of the refrigerant. Note: Low critical temperature refrigerants by weight calculated as HCl and shall be 5.9.2 Limits. Visual presence of dirt, rust, can have extremely high pressure and the compared with the maximum acidity value or other particulate contamination is reported sampling vessel, all connections, and transfer specified (see in Tables 1A, 1B, 1C, 2A, 2B, as ‘‘fail.’’ lines must be designed to handle high and 3). If the conductivity is above this 5.10 Non-Condensables. pressures. amount, then the chloride and acidity tests 5.10.1 Method. A vapor phase sample 5.2.4.2 Special Handling for Low Critical shall be conducted. If the conductivity is not shall be used for determination of non- Temperature Refrigerant. A liquid phase greater than this amount, then the chloride condensables. Non-condensable gases consist primarily of air accumulated in the vapor sample is required for all testing except and acidity tests may be omitted. 5.6 Chloride. The refrigerant shall be phase of refrigerants where the solubility of volatile impurities, including other tested for chloride as an indication of the air in the refrigerant liquid phase is refrigerants. The liquid phase sample is presence of hydrochloric and/or metal extremely low and air is not significant as a obtained by regulating the sample cylinder chlorides. The referee procedure is intended liquid phase contaminant. The presence of temperature to 2 °C below the critical for use with new or reclaimed halogenated non-condensable gases may reflect poor temperature of the refrigerant. refrigerants; however, high boiling residue in quality control in transferring refrigerants to Note: If free water is present in the sample, ° excess of the amounts in Tables 1A, 1B, 1C, storage tanks and cylinders. cooling to below 0 C may result in the 2A, 2B, and 3 can interfere with the test The test method shall be gas formation of ice. Clathrates may form at ° results. chromatography with a thermal conductivity temperatures above 0 C with some 5.6.1 Method. The test method shall be detector as described in 2008 Appendix C to fluorocarbon refrigerants. that described in 2008 Appendix C to AHRI AHRI Standard 700–2014 (incorporated by 5.2.4.3 Record Weight. Check the sample Standard 700–2014 (incorporated by reference, see § 82.168). cylinder for leaks and record the gross reference, see § 82.168). The test will show 5.10.2 Limits. The maximum level of non- weight. noticeable turbidity at chloride levels of condensables in the vapor phase of a test 5.3 Refrigerant Identification. The about 3 ppm or greater by weight. sample shall not exceed the maximum at 25 required method shall be gas chromatography 5.5.2 Limits. The results of the test shall °C as shown in Tables 1A, 1B, 1C, 2A, 2B, (GC) as described in 2008 Appendix C to not exhibit any sign of turbidity. Report the and 3. AHRI Standard 700–2014 (incorporated by results as ‘‘pass’’ or ‘‘fail.’’ 5.11 All Other Volatile Impurities and/or reference, see § 82.168) with the 5.7 Acidity. Other Refrigerants. corresponding gas chromatogram figures as 5.7.1 Method. The acidity test uses the 5.11.1 Method. The amount of volatile illustrated in 2012 Appendix D to AHRI titration principle to detect any compound impurities including other refrigerants in the Standard 700–2014 (incorporated by that is soluble in water and ionizes as an subject refrigerant shall be determined by gas reference, see § 82.168). The chromatogram of acid. The test method shall be that described chromatography as described in 2008 the sample shall be compared to known in 2008 Appendix C to AHRI Standard 700– Appendix C to AHRI Standard 700–2014 standards. 2014 (incorporated by reference, see (incorporated by reference, see § 82.168). 5.3.2 Alternative Method. Determination § 82.168). This test may not be suitable for 5.11.2 Limits. The test sample shall not of the boiling point and boiling point range determination of high molecular weight contain more than 0.5 percent by weight of is an acceptable alternative test method organic acids; however these acids will be volatile impurities including other which can be used to characterize found in the high boiling residue test refrigerants as shown in Tables 1A, 1B, 1C, refrigerants. The test method shall be that outlined in Section 5.8. The test requires a 2A, 2B and 3. described in section 4.4.3 of BB–F–1421B 50 to 60 gram sample and has a detection 5.12 Total C3, C4 and C5 Polyolefins in (incorporated by reference, see § 82.168). limit of 0.1 ppm by weight calculated as HCl. Hydrocarbon Refrigerants. 5.3.3 Required Values. The required 5.7.2 Limits. The value for acidity shall be 5.12.1 Method. The amount of polyolefin values for boiling point and boiling point expressed in ppm by weight as HCl and shall impurities in the hydrocarbon shall be range are given in Table 1A, Physical not exceed the limits in Tables 1A, 1B, 2A, determined by gas chromatography as Properties of Single Component Refrigerants; 2B, and 3. described in GPA Standard 2177–13 Table 1B, Physical Properties of Zeotropic 5.8 High Boiling Residue. (incorporated by reference, see § 82.168). Blends (400 Series Refrigerants); and Table 5.8.1 Method. High boiling residue shall 5.12.2 Limits. The test sample shall not 1C, Physical Properties of Azeotropic Blends be determined by either volume or weight. contain more than 0.05 percent by weight in (500 Series Refrigerants). The volume method measures the residue the hydrocarbon sample as shown in Tables 5.4 Water Content. from a standard volume of refrigerant after 1B and 2B. Report the results as ‘‘pass’’ or 5.4.1 Method. The Coulometric Karl evaporation. The gravimetric method is ‘‘fail.’’ Fischer Titration shall be the primary test described in 2008 Appendix C to AHRI 5.13 Sulfur Odor in Hydrocarbon method for determining the water content of Standard 700–2014 (incorporated by Refrigerants. refrigerants. This method is described in reference, see § 82.168). Oils and/or organic 5.13.1 Method. The amount of sulfur 2008 Appendix C to AHRI Standard 700– acids will be captured by these methods. containing compounds or other compounds

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with an odor shall be determined by ASTM Section 6. Reporting Procedure accepted refrigerant number and/or its D1296–01 (Reapproved 2012) (incorporated 6.1 Reporting Procedure. The source chemical name. Maximum allowable levels by reference, see § 82.168). of contaminants are shown in Tables 1A, 1B, (manufacturer, reclaimer, or repackager) of 5.13.2 Limits. The test sample paper shall 1C, 2A, 2B, and 3. Test results shall be the packaged refrigerant shall be identified. not emit a residual sulfur odor as shown in tabulated in a similar manner. The refrigerant shall be identified by its Tables 1B and 2B. BILLING CODE 6560–50–P

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4700 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 82368 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations visible clean Visually turbidity No visible clean Visually turbidity No 5.9 5.6 5.7 Fail Fail weight HCl) or or by (as Pass Pass ppm I I I 3 Maximum Chloride Particulates/Solids Acidity,

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.078 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 82369 visible 0.9 0.01 clean No I I visible 0.5 0.01 clean turbidity turbidity No I I 0.5 0.01 Novisible I visible 0.5 0.01 No I I visible 0.5 0.01 No I I visible 0.5 0.01 clean clean clean clean turbidity turbidity turbidity turbidity No I visible 0.5 0.01 clean Visually Visually Visually Visually Visually Visually Visually turbidity No I I 5.9 5.7 5.6 5.8 5.11 I or Fail Fail weight weight weight or or HCl) volume by (as Pass Pass %by %by ppm %by Max. Max. Impurities, Residue, Volatile Max. 3 Boiling Other Chloride Particulates/Solids High All Acidity,

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.079 82370 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 2 for 1 20 R- R- visible 0.5 0.01 33.4 6rnzz(E) N/A 171.3 0-0.1 3 turbidity No 13 1336mzz(Z) required not R- are 10 visible 0.5 -19 0.01 109.4 0.3 turbidity 1234ze(Z) .1. No 1234ze(E) 9 10 1.5 1.5 0.5 No 0.01 94.8 N/A N/A N/A N/A Refprop clean clean clean -29.4 determinations visible 1234yf turbidity from 2 -- -- 20 visible R- R- R- 0.5 18.3 0.01 (continued) clean N/A 165.6 compiled turbidity No 1233zd(E) non-condensable data 2 0.3 20 0.5 14.9 0.01 clean N/A 154.1 ± visible 0-0.lea R-245fa R-245eb turbidity Contaminants R-245ea, R-245ca, R-245cb, temperature, Refrigerant of room 0.3 -- 10 0.5 No No -1.4 Levels O.oi 124.9 clean ± R-236fa turbidity purposes. above or -- -- Allowable 10 near 0.5 No 0.01 clean 101.7 visible visible turbidity R-227ea informational their points for and 0.3 -- 10 72 1.5 1.5 1.5 0.5 No O.oi -36.8 -16.5 ± clean R-218 boiling visible Visually Visually Visually Visually Visually Visually Visually Visually turbidity provided are normal Refrigerants 0.3 10 0.5 No -24 0.01 N/A clean 113.3 ± visible have R-152a Visually turbidity required, not 1 1 1 1 1 1 1 1 1 0.3 10 1.5 1.5 0.5 No 72.7 0.01 ± -47.2 R-143 0-0.01 visible Fluorocarbon R-143a Visually R-1336mzz(Z) although and 2 3 -- 15 0.5 No -9.2 0.01 137.1 clean clean visible R-142, R-142a 0-0.lea R-142b Component Visually turbidity turbidity ppm. temperatures, 3 Single R-1233zd(E), 5.4 5.7 5.9 5.6 5.8 5.10 5.11 lA. N/A N/A N/A N/A Section about critical Reference is and Table R-245fa, or b, kPa oc Fail Fail pass/fail weight weight ranges, weight weight weight or or volume K R-141 oc for 101.3 volume by by Units (asHCI) Reporting point @25.0 by Pass Pass %by %by %by %by level ppm ppm % oc@ R-123, boiling R-113, chloride 1 Available Max. points, Volatile Max. 3 R-11, Max. Other Point Poine Not Content Maximum 1 refrigerants. Boiling and Other Since Recognized Boiling 1. Water, 2. Impurities, Isomer Temperature Chloride Critical 3. --Data Non-condensables, All Air these Acidity, High Range Max. Particulates/Solids Boiling Residue, Boiling

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.080 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 82371 0-1 -47.6 ±0.5 R-290 R-1270 99.5 99.5 N/A ±0.5 -103.8 R-1150 0.5 34.6 N/A ± R-610 0.5 0-1 99.5 99.5 27.8 ± R-601 R-601a Contaminants of 0-1 36.1 ±0.5 R-601 R-60la Levels ) 2 (see 99.5 99.5 -11.8 ±0.5 Allowable 2 R-600a footnote their ) 2 and 0.5 (see -0.5 ± 2 R-600 footnote ) 2 Refrigerants 0.5 (see 99.5 99.5 -42.1 ± 2 R-290 footnote Hydrocarbon -24.8 ±0.5 R-E170 Component 99.5 99.5 N/A N/A -88.6 ±0.5 R-170 Single lB. 0.5 99.5 N/A R-50 ± -161.5 Table 101.3 K kPa at Units %weight %weight Reporting oc 1 Range 1 Nominal Point Point Allowable Other Composition Boiling Minimum Boiling Impurities

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.081 82372 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 1 40.5-44.5 0.01 clean 6.0-8.0/ Visually turbidity 43.0-47.0/ No visible 142b/C318 R-22/152a/ 45.0/7.0/5.5/42.5 4.5-6.5/ 1 4.0 0.01 clean 2.0-6.0 R-125/ 143a/134a 51.0-53.0/ 44.0/52.0/ 42.0-46.0/ No visible 1 0.01 39.0 clean R-290/ turbidity turbidity 5.0156.01 37.0-41.0 54.0-58.0/ No visible 1 visible 20.0 0.01 22/218 22/218 R-290/ 3.0-5.2/ 3.0-5.2/ 5.0175.01 18.0-22.0 73.0-77.0/ No 1 visible 0.01 290/22 1.0-2.1/ 58.0-62.0 36.0-40.0/ No 38.0/2.0/60.0 1 visible 0.01 38.0 290/22 R-125/ R-125/ 1.0-2.1/ Visually Visually Visually Visually Visually 60.0/2.0/ 36.0-40.0 58.0-62.0/ No 1 visible 28.0 0.01 R-22/ 9.5-11.5/ 27.0-29.0 61.0111.0/ 59.0-63.0/ No 1 visible 0.01 34.0 clean clean clean clean clean R-22/ Visually Visually turbidity turbidity turbidity turbidity turbidity 152a/124 152a/124 33.0-35.0 11.5-13.5/ 53.0113.0/ 51.0-55.0/ No I I I 5.9 5.7 5.8 5.6 NIA NIA NIA I I I or Fail Fail weight weight weight weight or or HCI) NIA volume by (as Pass Pass %by %by %by ppm %by I I I I Residue, Components Composition Composition Max. 2 Boiling Chloride Max. Particulates/Solids High Refrigerant Nominal Acidity, Allowable

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.082 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 82373 1 0 0.5 0.01 R-125/ 5.0-9.0/ 143a/22 45.0-49.0 45.0-47.0/ No visible 7.0/46.0/47. I 1 0.5 0.01 2.0-3.0/ 2.0-3.0/ 125/134a 94.0-96.0 No visible 2.5/2.5/95.0 I 1 visible 0.5 0.01 40.0 125/134a 38.0-42.0 30.0130.01 28.0-32.0/ 28.0-32.0/ No 1 visible 0.5 0.01 60.0 R-32/ R-32/ R-32/ 125/134a 58.0-62.0 13.0-17.0/ 25.0/15.0/ 23.0-27.0/ No I 1 0.5 0.01 70.0 R-32/ 125/134a 68.0-72.0 13.0-17.0/ 15.0115.0/ 13.0-17.0/ No visible I visible 0.5 0.01 52.0 50.0-54.0 23.0/25.0/ 23.0-27.0/ 21.0-25.0/ No I 1 1 visible 0.5 0.01 20.0 R-32/ R-32/ Visually Visually Visually Visually Visually Visually Visually 125/134a 125/134a 8.0-12.0/ 18.0-22.0 10.0170.0/ 68.0-72.0/ No I 1 0.5 40.0 0.01 R-32/ Visually 125/134a 38.0-42.0 18.0-22.0/ 20.0/40.0/ 38.0-42.0/ No visible I 1 .0 0.5 0.01 142b clean clean clean clean clean clean clean clean clean 3.0-5.0/ Visually turbidity turbidity turbidity turbidity turbidity turbidity turbidity turbidity turbidity 40.0-42.0 53.0-57.0/ No visible 55.014.0141 R-22/600a/ I I I I I I I 5.8 5.9 5.6 5.11 NIA NIA NIA 1 I I I I I I or Fail Fail weight weight weight weight or or NIA volume Pass Pass %by %by %by %by %by I I I I I Residue, Components Max. Composition Volatile Composition 2 Boiling Other Chloride Particulates/Solids Max. Refrigerant High Impurities, Nominal All Allowable

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.083 82374 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations visible 0.01 clean R-218/ 2.0-3.0 turbidity 8.0-10.0/ 134a/600a 86.0-90.0/ No 9.0/88.0/3.0 I 0.01 25.0 142b clean 3.0-7.0/ turbidity 70.0/5.0/ 24.0-26.0 68.0-72.0/ No visible I visible 3.0 0.01 2.0-3.0 2.0-3.0/ 3.0/94.0/ 94.0-96.0/ No I 0.01 111.0 0.0-11.0 0.5-1.5/ 1.5/87.5 22/152a 22/152a R-1270/ R-1270/ R-22/218/ Visually Visually Visually Visually I 87.5-89.5/ No visible I 0.01 clean clean clean Visually turbidity turbidity turbidity 45.0/55.0 54.0-56.0 44.0-46.0/ No visible I 0.01 Visually 50.0/50.0 49.5-51.5 R-32/125 R-32/125 48.5-50.5/ No visible I 10.0 O.oi clean clean R-22/ 9.0-11.0 turbidity turbidity 124/142b 65.0/25.0/ 23.0-27.0/ 63.0-67.0/ No visible I visible 15.0 0.01 clean R-22/ Visually Visually turbidity 1241142b 14.0-16.0 58.0-62.0/ 6o.o!25.o! 23.0-27.01 No 1 I I I 5.8 5.7 5.9 5.6 N/A N/A N/A I I I 'V.I. Fail Fail weight weight weight weight or or HCl) Y'V.I.\.I..I.J.J.V N/A by (as U.J Pass Pass %by %by %by ppm /\I I I I I I I I Max. Residue, Components Composition Composition 2 Max. Boiling Chloride High Particulates/Solids Refrigerant Nominal Allowable Acidity,

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.084 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 82375 0.5 0.01 clean 2.2-2.8 turbidity 134a/600 17.3-19.3/ 78.0-80.0/ No visible 79.0/18.3/2.7 I I visible 0.5 0.01 clean R-125/ R-125/ 3.0-3.5 turbidity 134a/600 49.0-51.0/ 45.5-47.7/ No 46.6/50.0/3.4 I I I 0.5 0.01 clean 1.3-1.6 124/600 R-134a/ 58.0-59.5/ 39.0-40.5/ No visible 59.0/39.5/1.5 I I I 0.5 0.01 turbidity turbidity 25.0175.0 74.0-76.0 24.0-26.0/ No visible I I I 0.5 0.01 Visually Visually Visually Visually Visually turbidity 17.0-19.0 82.0/18.0 81.0-83.0/ No visible R-22/152a R-22/152a I I I 0.5 0.01 1.5/9.5 1.0-2.0/ 8.5-10.0 turbidity 50.0/39.0/ 48.0-52.0/ 37.0-41.0/ 600a/142b No visible I I 0.5 0.01 clean clean clean clean 3.5-4.5/ 4.0/16.5 Visually Visually turbidity 15.5-17.0 51.0/28.5/ 49.0-53.0/ R-22/124/ R-22/124/ 26.5-30.5/ No visible 600a/142b I I I I I 5.8 5.9 5.6 5.7 5.11 N/A N/A N/A I I I I or Fail Fail weight weight weight weight weight or or HC1) N/A volume by (as Pass Pass %by %by %by %by ppm %by Max. Impurities, Residue, Components Composition Volatile Composition 2 Max. Boiling Other Chloride Particulates/Solids Max. Refrigerant High Nominal All Allowable Acidity,

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.085 82376 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations visible 0.5 3.0 O.ol clean R-125/ 2.5-3.1 turbidity 55.0/42.0/ 134a/600a 54.0-56.0/ 41.0-43.0/ No I I visible 0.5 3.4 O.ol R-125/ 3.0-3.5 10.5-12.5/ 85.1/11.5/ 134a/600a 84.1-86.1/ No I I visible 0.5 O.ol 134a clean clean R-125/ turbidity turbidity 14.0-16.0 85.0/15.0 84.0-86.0/ No I I visible 0.5 0.01 134a Clean R-125/ 58.0/42.0 41.0-43.0 57.0-59.0/ No I I visible 0.5 O.ol 142b clean R-134a/ turbidity turbidity 11.0-12.0 88.0112.0 88.0-89.0/ No I I 0 visible 0.5 3.5 O.ol clean 3.0-4.0 turbidity 134a/E17 48.5/48.0/ 47.0-49.0/ 47.5-49.5/ No I I visible 4.0 0.5 O.ol 134a/ E170 Clean R-125/ R-125/ 3.0-5.0 18.0-20.0/ 77.0/19.0/ 76.0-78.0/ No I I visible 2.5 0.5 O.ol clean R-290/ 2.0-3.0 1.0-2.0/ 22/152a 1.5/96.0/ 95.0-97.0/ No I I 1.7 visible 0.5 O.ol clean 1.2-1.8 R-125/ Visually Visually Visually Visually Visually Visually Visually Visually Visually turbidity turbidity turbidity 134a!6oo 19.5!78.8/ 18.5-20.5/ 77.8-79.81 No 1 I I I I 5.9 5.6 5.7 5.8 5.11 N/A N/A N/A I I I I or Fail Fail weight weight weight weight weight or or HCl) N/A volume by (as by Pass Pass %by %by %by %by ppm % I I I I I I Max. Impurities, Residue, Components Composition Volatile Composition Max. 2 Boiling Other Chloride Particulates/Solids Max. High Refrigerant Nominal All Acidity, Allowable

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.086 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 82377 69 0.5 0.01 -48.3 -47.5 1.7-2.0 0.6/1.9 0.4-0.7/ 290/600a 19.0-21.0/ 77.5/20.0/ 76.5-78.5/ No visible R-125!143a/ I I I 0.5 -43 0.01 85.3 -36.3 8.0-12.0/ 10.0/50.0 48.0-52.0 15.0/25.0/ 13.0-17.0/ 143a/134a R-32/125/ 23.0-27.0/ No visible I I I I R- 0.5 0.01 -28.5 -26.7 100.2 1.3/0.6 0.4-0.7 1.1-1.4/ 4.1-6.1/ turbidity turbidity turbidity 5.1193.0/ 600/601a 125/134a/ 92.0-94.0/ No visible I I I I 0.5 12.0 0.01 93.9 -38.1 -31.3 227ea 11.5-12.5 18.5/69.5/ 18.0-19.0/ 69.0-70.0/ No visible R-32!134a/ I I I I 0.5 87.5 0.01 -39.1 -33.3 R-125/ 0.4-0.7 0.8-1.1/ 0.7-1.0/ turbidity turbidity 600/601a 50.5/47.0/ 49.5-51.5/ 46.0-48.0/ No visible 0.9/1.0/0.6 134a/600a/ I I I 99 visible 0.5 0.01 -24.2 -23.5 227ea R-134a/ 52.5/47.5 46.5-48.5 51.5-53.5/ No I I visible 2.7 0.5 82.2 0.01 -41.8 -36.4 2.5-3.0 58.0/39.3/ 134a/600a 38.0-41.0/ 57.0-59.0/ No I I visible 0.5 3.4 0.01 79.6 -43.2 -38.4 R-125/ R-125/ 3.0-3.5 134a/600a 30.5-32.5/ 64.0-66.0/ 65.1/30.5/ No I I I 0.5 3.0 76.1 0.01 -45.3 -42.3 R-125/ 2.5-3.1 turbidity turbidity turbidity turbidity 14.0-16.0/ 134a/600a 82.0115.01 81.0-83.0/ No visible I I I I I I I I I 5.8 5.6 5.11 N/A N/A N/A N/A N/A N/A I I I I I I I I I or kPa kPa Fail weight weight weight weight or oc 101.3 101.3 N/A volume by Pass %by %by %by %by % oc@ ac@ I I I 1 Residue, 1 .lV..LaA. 1 Composition 2 Temperature Point Boiling UllLlV"' l.l Components Critical Chloride Composition Bubble Max. Refrigerant DewPoint High Nominal Allowable

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.087 82378 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations clean visible 0.5 0.01 R-290/ 1.0-2.2/ 0.5-0.7/ turbidity 97.3-98.3 134a/152a No 0.6/1.6/97.8 Visually I I I I I I I I a 1 visible 0.5 3.0 0.01 600 2.5-3.5 50/47.0/ R-32/125/ 46.0-48.0/ 49.0-51.0/ No I I I I 1 visible 0.5 0.6 0.01 /601a 1.5-1.8/ 7.0-9. 8.5/45.0/ 44.2/1.7/ 134a/600 R-32/125/ 42.7-45.7/ 43.5-46.5/ No I (continued) 1 visible 0.5 0.01 /601 1.4/0.6 0.4-0.7 R-125/ 1.2-1.5/ 134a/600 19.5/78.5/ 17.7-20.0/ 77.8-80.0/ No I Contaminants of 1 visible 0.5 O.oi 152a R-E170/ turbidity turbidity turbidity turbidity Levels 19.0-21.0 80.0/20.0 79.0-81.0/ No I 1 Allowable visible 0.5 O.oi 600a R-125/ 2.6-2.9 16.0/2.8 17.0-19.0/ 15.0-17.0/ 63.2/18.0/ 62.2-64.2/ No their I 1143a/134a/ I I and 1 visible 0.5 0.01 71.0/29.0 28.0-30.0 70.0-72.0/ No R290/152a I I I I Refrigerants) 1 visible 0.5 0.01 600a clean clean clean clean clean clean clean Series R-152a/ turbidity turbidity turbidity 76.0/24.0 23.0-25.0 75.0-77.0/ No I I I I (400 0 1 visible 0.5 0-310 Blends 0 O.oi 30.0 clean Visually Visually Visually Visually Visually Visually Visually Visually turbidity R-E170/ 9.0-11.0/ 29 152a/600a 60.0/10.0/ 59.0-61.0/ No Zeotropic 5.7 5.8 5.6 5.9 5.11 N/A N/A N/A 2A. I I I I Table or Fail Fail weight weight weight weight weight or or HC1) N/A volume by (as Pass Pass %by %by %by %by ppm %by I I I Max. Volatile Max. 2 Max. Boiling Other Composition Components Composition Chloride Residue, Particulates/Solids Refrigerant High Impurities, Nominal All Acidity, Allowable

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.088 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 82379 1 0.5 O.ot R-449B Visually turbidity 23.2/27.3 27.0-28.8 R-32/125/ 23.7-25.5/ 24.0-25.8/ 21.7-23.5/ No visible 1234yf/134a I I 1 0.5 0.01 134a clean clean 1234yfl R-449A Visually turbidity 25.3/25.7 25.5-26.7 24.3/24.7/ 25.2/24.3/ R-32/125/ 23.3-24.5/ 24.5-25.7/ 24.3-25.5/ No visible .1. 9 I I Refprop 1 0.5 7.0 O.ot 134a/ clean 1234yf/ R-448A turbidity 18.0-20.5/ 1234ze(E) R-321125/ 26.0/26.0/ 20.0-23.0/ 20.0/21.0/ 24.0-26.5/ 25.5-28.0/ No visible from I I (E) compiled 1 visible 0.5 125/ 0.01 28.5 R-32/ 3.0-5.0/ R-447A 68.0/3.5/ data 27.5-29.5 No 1234ze I I 0.5 3.0 Refrigerant 600 0.01 N/A R-32/ 2.0-3.1 R-446A turbidity turbidity 68.0/29.0/ 28.4-31.0/ 67.0-68.5/ 67.5-69.5/ No visible 1234ze(E)/ I I purposes. 1 0.5 85.0 O.ot 134a/ clean clean clean R-744/ 5.0-7.0/ 6.019.01 R-445A 8.0-10.0/ 83.0-87.0 1234ze(E) No visible I I informational for 1 0.5 48.5 0.01 R-444B Visually Visually Visually Visually Visually 9.0-11.0/ 47.5-49.5 41.5110.0/ 40.5-42.5/ No visible I I provided are 1 0.5 83.0 0.01 clean clean 4.0-6.0/ R-444A 12.0/5.0/ turbidity turbidity turbidity 81.0-85.0 11.0-13.0/ 1234ze(E) 1234ze(E) No visible R-32/152a/ R-32/152a/ I I required, not -C'/ '] 1 visible 0.5 5.0 0.01 clean 227ea "l-C' R-442A Visually Visually turbidity 30.0/3.0/ R-321125/ 31.0/31.0/ 29.0-31.0/ 30.0-32.0/ 30.0-32.0/ No 134a/152a/ although I I ppm. ~~ 3 .. wn 5.9 5.8 5.7 5.6 5.11 N/A N/A N/A ec about ·S·~~:- is temperatures, I I or critical Units Fail Fail pass/fail weight weight weight weight weight or or and HC1) for N/A volume by (as Pass Pass %by %by %by %by level ppm Reporting %by points, dew chloride Max. points, Volatile Max. Max. 2 Boiling Other Bubble Recognized 1. Components Composition Chloride Composition Refrigerant Particulates/Solids High Residue, Impurities, 2. Nominal Acidity, All Allowable

VerDate Sep<11>2014 23:27 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR5.SGM 18NOR5 mstockstill on DSK3G9T082PROD with RULES5 ER18NO16.089 82380 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 1 0.5 75.5 0.01 1234yf 2.0-5.0/ R-455A Visually 3.0121.5/ 73.5-77.5 19.5-22.5/ R-744/32/ No visible I I 1 0.5 0.01 clean clean 1234yf R-454B Visually 68.9/31.1 30.1-32.1 67.9-69.9/ No visible I I 9.1. 1 visible 0.5 0.01 clean R-32/ R-32/ 1234yf R-454A Visually Refprop 35.0/65.0 63.0-67.0 33.0-37.0/ No I I from 1 a 1 7 clean compiled e/600/60 0.5 0.01 N/A R-453A data No visible 5.0/0.6/0.6 Visually 0.4-0.7/0.4-0. 20.0/20.0/53.8/ 52.8-54.8/4.5-5.5/ 134a/227 19.0-21.0/19.0-21.0/ I I Refrigerant 1 0.5 0.01 30.0 clean 1234yf R-452A Visually turbidity turbidity turbidity turbidity turbidity 9.3-12.7/ 29.0-30.1 11.0/59.0/ R-32/125/ R-32/125/ 57.2-60.8/ No visible purposes. I I clean 1 0.5 0.01 R-451B informational turbidity 11.0-11.4 88.8/11.2 88.6-89.0/ No visible Visually for I I provided 1 visible 0.5 0.01 134a 134a clean are R-451A turbidity 10.0-10.4 89.8110.2 89.6-90.0/ R-1234yf/ R-1234yf/ No I I required, not 1 0.5 O.oi clean R-134a/ R-450A Visually Visually turbidity 42.0/58.0 56.0-60.0 1234ze(E) 40.0-44.0/ No visible although 1 I ppm. -- 3 .. 5.9 5.8 5.7 5.6 5.11 N/A N/A N/A ec1on about ·s·-~:- is temperatures, 1 I or critical Units Fail Fail pass/fail weight weight weight weight weight or or and HC1) for N/A volume by (as Pass Pass %by %by %by %by level ppm Reporting %by points, I dew chloride Max. points, Volatile Max. Max. 2 Boiling Other Bubble Recognized 1. Chloride Composition Composition Components Particulates/Solids 2. Refrigerant High Residue, Impurities, Nominal Acidity, Allowable All

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BILLING CODE 6560–50–C

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Section 7.0 References—Normative refrigerants, , zeotropic blends, refrigerant and specified quantities of Listed here are all standards, handbooks, and their normal contaminants from identified contaminants which constitute the and other publications essential to the refrigerant systems. This standard defines the mixture to be processed by the equipment formation and implementation of the test apparatus, test gas mixtures, sampling under test. These contaminant levels are standard. All references in this appendix are procedures and analytical techniques that expected only from severe service conditions. considered as part of this standard. will be used to determine the performance of 3.10 Trapped Refrigerant. The amount of refrigerant recovery and/or recycling refrigerant remaining in the equipment after ANSI/ASHRAE Standard 34–2013, equipment (hereinafter, ‘‘equipment’’). the recovery or recovery/recycling operation Designation and Safety Classification of Appendix B4 of this subpart establishes but before clearing refrigerant. Refrigerants, with Addenda, American standards for recovery/recycling equipment 3.11 Vapor Recovery Rate. The average National Standards Institute/American used with flammable refrigerants. rate that refrigerant is withdrawn from the Society of Heating, Refrigerating, and mixing chamber between two pressures as Section 3. Definitions Air-Conditioning Engineers. vapor recovery rate is changing depending on 2008 Appendix C to AHRI Standard 700– 3.1 Definitions. All terms in this the pressure. The initial condition is vapor 2014, 2008 Appendix C for Analytical appendix will follow the definitions in only at saturation pressure and temperature Procedures for AHRI Standard 700– § 82.152 unless otherwise defined in this at either 24 °C or at the boiling point at 100 2014—Normative, copyright 2008 appendix. kPa, whichever is higher. The final pressure (incorporated by reference, see § 82.168). 3.2 Clearing Refrigerant. Procedures used condition is 10 percent of the initial pressure, ASTM D1296–01 (Reapproved 2012), to remove trapped refrigerant(s) from but not lower than the equipment final Standard Test Method for Odor of equipment before switching from one recovery vacuum and not higher than 100 Volatile Solvents and Diluents, approved refrigerant to another. kPa. July 1, 2012, (incorporated by reference, 3.3 High Temperature Vapor Recovery see § 82.168). Rate. For equipment having at least one Section 4. General Equipment Requirements BB–F–1421B, Federal Specification for designated refrigerant (see Section 11.2 of 4.1 Equipment Information. The ‘‘Fluorocarbon Refrigerants,’’ dated this appendix) with a boiling point in the equipment manufacturer shall provide March 5, 1982, (incorporated by ¥ ° range of 50 to +10 C, the rate will be operating instructions, necessary reference, see § 82.168). measured for R–22, or the lowest boiling maintenance procedures, and source GPA Standard 2177–13, Analysis of Natural point refrigerant if R–22 is not a designated information for replacement parts and repair. Gas Liquid Mixtures Containing Nitrogen refrigerant. 4.2 Filter Replacement. The equipment and Carbon Dioxide by Gas 3.4 Published Ratings. A statement of the shall indicate when any filter/drier(s) needs Chromatography, Revised, copyright assigned values of those performance replacement. This requirement can be met by 2013, (incorporated by reference, see characteristics, under stated rating use of a moisture transducer and indicator § 82.168). conditions, by which a unit may be chosen light, by use of a sight glass/moisture REFPROP Reference Fluid Thermodynamic to fit its application. These values apply to indicator, or by some measurement of the and Transport Properties NIST Standard all units of like nominal size and type amount of refrigerant processed such as a Reference Database 23 version 9.1, 2013, (identification) produced by the same flow meter or hour meter. The equipment U.S. Department of Commerce, manufacturer. As used herein, the term manufacturer must provide maximum Technology Administration, National ‘‘published rating’’ includes the rating of all Institute of Standards and Technology. performance characteristics shown on the quantity recycled or filter change interval in unit or published in specifications, its written instructions. Section 8.0 References—Informative advertising, or other literature controlled by 4.3 Purge of Non-Condensable. If non- Listed here are standards, handbooks, and the manufacturer, at stated rating conditions. condensables are purged, the equipment other publications which may provide useful 3.5 Push/Pull Liquid Recovery. The push/ shall either automatically purge non- information and background but are not pull refrigerant recovery method is defined as condensables or provide an indicating means considered essential. the process of transferring liquid refrigerant to guide the purge process. Recycling 2012 Appendix D to AHRI Standard 700– from a refrigeration system to a receiving equipment must provide purge means. 2014, 2012 Appendix D for Gas vessel by lowering the pressure in the vessel 4.4 Purge Loss. The total refrigerant loss Chromatograms for AHRI Standard 700– and raising the pressure in the system, and due to purging non-condensables, draining 2014—Informative, copyright 2012, by connecting a separate line between the oil, and clearing refrigerant (see Section 9.5) (incorporated by reference, see § 82.168). system liquid port and the receiving vessel. shall be less than 3 percent (by weight) of total processed refrigerant. ■ 16. Amend subpart F by adding 3.6 Recycle Flow Rate. The amount of refrigerant processed divided by the time 4.5 Permeation Rate. High pressure hose appendix B3 to read as follows: 5 elapsed in the recycling mode. For assemblies ⁄8 in. (16 mm) nominal and Appendix B3 to Subpart F of Part 82— equipment which uses a separate recycling smaller shall not exceed a permeation rate of sequence, the recycle rate does not include 3.9 g/cm2/yr (internal surface) at a Performance of Refrigerant Recovery, temperature of 48.8 °C. Hose assemblies that Recycling, and/or Reclaim Equipment the recovery rate (or elapsed time). For equipment which does not use a separate UL recognized as having passed UL 1963, This appendix is based on the Air- recycling sequence, the recycle rate is a rate 2011 requirements shall be accepted without Conditioning, Heating, and Refrigeration based solely on the higher of the liquid or testing. See Section 7.1.4 of this appendix. Institute Standard 740–2016, Performance vapor recovery rate, by which the 4.6 Clearing Trapped Refrigerant. For Rating of Refrigerant Recovery Equipment contaminant levels were measured. equipment rated for more than one and Recovery/Recycling Equipment. 3.7 Residual Trapped Refrigerant. refrigerant, the manufacturer shall provide a Refrigerant remaining in equipment after method and instructions which will Section 1. Purpose clearing refrigerant. accomplish connections and clearing within 1.1 The purpose of this standard is to 3.8 Shall, Should, Recommended or It Is 15 minutes. Special equipment, other than a establish methods of testing for rating and Recommended shall be interpreted as vacuum pump or manifold gauge set, shall be evaluating the performance of refrigerant follows: furnished. The clearing procedure shall not recovery, and/or recycling equipment and 3.8.1 Shall. Where ‘‘shall’’ or ‘‘shall not’’ rely upon the storage cylinder below general equipment requirements (herein is used for a provision specified, that saturated pressure conditions at ambient referred to as ‘‘equipment’’) for contaminant provision is mandatory if compliance with temperature. or purity levels, capacity, speed and purge this appendix is claimed. 4.7 Temperature. The equipment shall be loss to minimize emission into the 3.8.2 Should, Recommended or It Is evaluated at 24 °C with additional limited atmosphere of designated refrigerants. Recommended is used to indicate provisions evaluation at 40 °C. Normal operating which are not mandatory but which are conditions range from 10 °C to 40 °C. Section 2. Scope desirable as good practice. 4.8 Exemptions. Equipment intended for 2.1 This standard applies to equipment 3.9 Standard Contaminated Refrigerant recovery only shall be exempt from Sections for recovering and/or recycling single Sample. A mixture of new or reclaimed 4.2 and 4.3.

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Section 5. Contaminated Refrigerants except as provided in Section 5.2 of this 5.2 Recovery-only Testing. Recovery 5.1 Sample Characteristics. The standard appendix. Testing shall be conducted at an equipment not rated for removal of ° ± ° contaminants shall be tested with new or contaminated refrigerant sample shall have ambient temperature of 24 C 1 C except high temperature vapor recovery shall be reclaimed refrigerant. the characteristics specified in Table 1, 40 °C ± 1 °C. BILLING CODE 6560–50–P

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BILLING CODE 6560–50–C bottom, a bottom port and piping for at an evaporating temperature of 21 °C ± 2 ° Section 6. Test Apparatus delivering refrigerant to the equipment, C. various ports and valves for adding 6.2.4 Alternative Vapor Feed. An 6.1 General Recommendations. The refrigerant to the chamber, and stirring means alternative method for vapor feed shall be to recommended test apparatus is described in for mixing. pass the refrigerant through a and then the following paragraphs. If alternate test 6.2.2 Filling Storage Cylinder. The storage through an automatic pressure regulating apparatus are employed, the user shall be valve set at different saturation pressures, cylinder to be filled by the refrigerant able to demonstrate that they produce results moving from saturated pressure at 24 °C to transferred shall be cleaned and at the equivalent to the specified reference final pressure of recovery. apparatus. pressure of the recovered refrigerant at the 6.2.5 Liquid Feed. Liquid refrigerant feed 6.2 Self-Contained Equipment Test beginning of the test. It will not be filled over consisting of control valves, sampling port, Apparatus. The apparatus, shown in Figure 80 percent, by volume. and piping. 1, shall consist of: 6.2.3 Vapor Feed. Vapor refrigerant feed 6.2.6 Instrumentation. Instrumentation 6.2.1 Mixing Chamber. A mixing chamber consisting of evaporator, control valves and capable of measuring weight, temperature, consisting of a tank with a conical-shaped piping to create a 3.0 °C superheat condition pressure, and refrigerant loss, as required.

6.3 Size. The size of the mixing chamber cylinder with 1⁄4″ flare liquid and vapor and reduced or increased to the port size of and filling storage cylinder used during ports. the equipment by fittings at the connection testing shall correspond to the size of the 6.3.2 For equipment utilizing 1⁄2″ or larger ports of the filling storage cylinder. equipment being tested per Section 6.3.1 or flare ports and hoses, the mixing chamber 6.4 System Dependent Equipment Test 6.3.2: shall be 0.45 m3 (or nominal 1000-pound Apparatus. This test apparatus is to be used 6.3.1 For equipment utilizing nominal 1⁄4″ water capacity DOT 4Bx cylinder) and all for final recovery vacuum rating of all system or 3⁄8″ flare ports and hoses, the mixing ports, valves, mixing valves, and piping shall dependent equipment. chamber shall be 0.09 m3 and all ports, be 11⁄2″ or larger, reduced down to the port 6.4.1 Test Setup. The test apparatus valves, mixing valves, and piping shall be 1⁄2″ size of the equipment by fittings at the shown in Figure 2 consists of a complete or larger, reduced down to the port size of connection ports of the mixing chamber. The refrigeration system. The manufacturer shall the equipment by fittings at the connection filling storage cylinder used during testing identify the refrigerants to be tested. The test ports of the mixing chamber. The filling shall be a nominal 1000-pound water apparatus can be modified to facilitate storage cylinder used during testing shall be capacity DOT 4Bx cylinder with liquid and operation or testing of the system dependent a nominal 50-pound water capacity DOT 4Bx vapor ports, valves and piping sized 3⁄4″ NPT equipment if the modifications to the

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apparatus are specifically described within pressure sides, with an isolation valve the purpose of measuring final recovery the manufacturer’s literature. A 6.3 mm located at the connection to the compressor vacuum at the conclusion of the test. balance line shall be connected across the high side. A 6.3 mm access port with a valve test apparatus between the high- and low- core shall be located in the balance line for

Section 7. Performance Testing Procedures 7.2 Equipment Preparation and elapsed time measurements for determining 7.1 General Testing. Operation. The equipment shall be prepared vapor recovery rate and liquid refrigerant and operated per the operating instructions. recovery rate. Operations such as 7.1.1 Temperatures. Testing shall be 7.3 Test Batch. The test batch consisting the recovery cylinder shall be included. The conducted at an ambient temperature of 24 ° ± ° of refrigerant sample (see Section 5) of the recovery cylinder shall be the same size as C 1 C except high temperature vapor test refrigerant shall be prepared and per Section 6.3 or as furnished by the ° ± ° recovery shall be at 40 C 1 C. The thoroughly mixed. Continued mixing or equipment manufacturer. Oversized tanks evaporator conditions of Section 6.2.3 shall stirring shall be required during the test shall not be permitted. be maintained as long as liquid refrigerant while liquid refrigerant remains in the 7.4.1.1 Liquid Refrigerant Recovery Rate. remains in the mixing chamber. mixing chamber. The mixing chamber shall If elected, the recovery rate using the liquid 7.1.2 Refrigerants. The equipment shall be filled to 80 percent level by volume. refrigerant feed means (see Section 6.2.5) be tested for all designated refrigerants (see 7.3.1 Control Test Batch. Prior to starting shall be determined. After the equipment Section 11.2). All tests in Section 7 shall be the test for the first batch for each refrigerant, reaches stabilized conditions of condensing completed for each refrigerant before starting a liquid sample will be drawn from the temperature and/or recovery cylinder tests with the next refrigerant. mixing chamber and analyzed per Section 8 pressure, the recovery process shall be 7.1.3 Selected Tests. Tests shall be as to assure that contaminant levels match stopped and an initial weight shall be taken Table 1 within ±10 ppm for moisture, ±20 of the mixing chamber (see Section 9.2). The appropriate for the equipment type and ppm for oleic acid and ±0.5 percent for oil. recovery process shall be continued for a ratings parameters selected (see Sections 9.9, 7.4 Recovery Tests (Recovery and period of time sufficient to achieve the 11.1 and 11.2). Recovery/Recycling Equipment) accuracy in Section 9.4. The recovery process 7.1.4 Hose Assemblies. For the purpose of 7.4.1 Determining Recovery Rates. The shall be stopped and a final weight of the limiting refrigerant emissions to the liquid and vapor refrigerant recovery rates mixing chamber shall be taken. atmosphere, hose assemblies shall be tested shall be measured during the first test batch 7.4.1.2 Vapor Refrigerant Recovery Rate. for permeation according to UL Standard for each refrigerant (see Sections 9.1, 9.2 and If elected, the average vapor flow rate shall 1963 (incorporated by reference, see 9.4). Equipment preparation and recovery be measured to accuracy requirements in § 82.168). cylinder changeover shall not be included in Section 9.4 under conditions with no liquid

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refrigerant in the mixing chamber. The liquid 7.4.4 Residual Refrigerant. This test will 7.5.3.2 Single Pass. For equipment with recovery feed means shall be used. At initial measure the mass of remaining refrigerant in the single pass recycling circuit, draw the conditions of saturated vapor at the higher of the equipment after clearing and therefore liquid sample (see Section 7.4) from the 24 °C or the boiling temperature (100 kPa), the extent of mixing different refrigerants (see current cylinder. the weight of the mixing chamber and the Section 9.6). 7.6 Measuring Refrigerant Loss. pressure shall be recorded. At final 7.4.4.1 Initial Conditions. At the end of Refrigerant loss due to non-condensables conditions representing pressure in the the last test for each batch for each shall be determined by appropriate means mixing chamber of 10 percent of the initial refrigerant, the equipment shall be (see Section 9.5.1). The loss could occur in condition, but not less than the final recovery disconnected from the test apparatus (Figure Sections 7.4.1, 7.4.2 and 7.5.1. vacuum (see Section 9.6) nor more than 100 1). Recycle per Section 7.5, if appropriate. kPa, measure the weight of the mixing Perform refrigerant clearing operations as Section 8. Sampling and Chemical Analysis chamber and the elapsed time. At initial called for in the instruction manual. Capture Methods conditions, the recovery cylinder shall be at and record the weight of any refrigerant 8.1 Chemical Analysis. Chemical analysis saturation pressure at ambient conditions. which would have been emitted to the methods shall be specified in appropriate 7.4.1.3 High Temperature Vapor atmosphere during the clearing process for standards such as AHRI Standard 700, 2008 Recovery Rate. This is applicable for use in Section 9.5. If two loops are used for Appendix C for Analytical Procedures for equipment having at least one designated recycling, trapped refrigerant shall be AHRI Standard 700–2014- Normative, and refrigerant (see Section 11.2) with a boiling measured for both. Addendum 700–1 to Appendix C. If alternate ¥ ° ° point between 50 C and +10 C. Measure 7.4.4.2 Residual Trapped Refrigerant. test methods are employed, the laboratory the rate for R–22, or the refrigerant with the Evacuate an empty test cylinder to 1.0 kPa. must be able to demonstrate that they lowest boiling point if R–22 is not a Record the empty weight of the test cylinder. produce results equivalent to the specified designated refrigerant. Repeat the test in Open all valves to the equipment so as to referee method. Section 7.4.1.2 at saturated conditions at 40 provide access to all trapped refrigerant. ° 8.2 Refrigerant Sampling. C and continue to operate equipment to Connect the equipment to the test cylinder 8.2.1 Moisture Content. The water assure it will operate at this condition (see and operate valves to recover the residual content in refrigerant shall be measured by Section 7.4.3). At initial conditions, the refrigerant. Record the weight of the test the Karl Fischer Coulometric Titration recovery cylinder shall be at saturated cylinder using a recovery cylinder pressure technique. Report the moisture level in parts pressure at 40 °C. no less than specified in Section 6.2.2. Place per million by weight. 7.4.1.4 Push/Pull Liquid Refrigerant the test cylinder in liquid nitrogen for a 8.2.2 Chloride Ions. Chloride ions shall be Recovery Rate. If elected, the average liquid period of 30 minutes or until a vacuum of measured by turbidity tests. At this time, push/pull flow rate shall be measured to 1000 microns is reached, whichever occurs quantitative results have not been defined. accuracy requirements in Section 9.4. The first. mixing chamber and filling storage cylinder Report chloride content as ‘‘pass’’ or ‘‘fail.’’ 7.5 Recycling Tests (Recovery/Recycling shall be filled with refrigerant vapor at initial In the future, when quantitative results are Equipment). conditions of saturated vapor at the higher of possible, report chloride content as parts per 7.5.1 Recycling Operation. As each 24 °C or the boiling temperature at 100 kPa. million by weight. recovery cylinder is filled in Section 7.4.2, An amount of liquid refrigerant shall be 8.2.3 Acid Content. The acidity test uses recycle according to operating instructions. added to the mixing chamber equivalent to the titration principle. Report the acidity in There will not necessarily be a separate 80 percent by weight of the capacity of the parts per million by weight (mg KOH/kg) of filling storage cylinder. The pressure between recycling sequence. Note non-condensable sample. the mixing chamber and filling storage purge measurement in Section 9.5. 8.2.4 High Boiling Residue. High boiling cylinder shall be equalized and stabilized at 7.5.1.1 Recycle Flow Rate. While residues shall use measurement of the initial conditions of saturated vapor at the recycling the first recovery cylinder for each volume of residue after evaporating a higher of 24 °C or the boiling temperature at refrigerant, determine the recycling flow rate standard volume of refrigerant. Using weight 100 kPa. The initial weight of the mixing by appropriate means (see Section 9.3) to measurement and converting to volumetric chamber and the pressure shall be recorded. achieve the accuracy required in Section 9.4. units is acceptable. Report high boiling The equipment is then operated in push/pull 7.5.2 Non-Condensable Sample. After residues as percent by volume. liquid recovery mode and the weight change completing Section 7.4.3, prepare a second 8.2.5 Particulates/Solids. The of the mixing chamber is recorded over time test batch (see Section 7.3). Recover per particulates/solids measurement employs until all of the liquid has been transferred. Section 7.4.2 until the current recovery visual examination. Report results as ‘‘pass’’ 7.4.2 Recovery Operation. This test is for cylinder is filled to 80 percent level by or ‘‘fail.’’ determining the final recovery vacuum and volume. Recycle per Section 7.5.1. Mark this 8.2.6 Non-condensables. The level of the ability to remove contaminants as cylinder and set aside for taking the vapor contamination by non-condensable gases in appropriate. If equipment is rated for liquid sample. For equipment having both an the base refrigerant being recycled shall be recovery (see Section 7.4.1.3), liquid recovery internal tank of at least 3 kg refrigerant determined by gas chromatography. Report feed means described in Section 6.2.5 shall capacity and an external recovery cylinder, results as percent by volume. be used. If not, vapor recovery means two recovery cylinders shall be marked and set aside. The first is the cylinder described Section 9. Performance Calculations for described in Sections 6.2.3 or 6.2.4 shall be Ratings used. Continue recovery operation until all above. The second cylinder is the final liquid is removed from the test apparatus and recovery cylinder after filling it to 80 percent 9.1 Vapor Refrigerant Recovery Rate. This vapor is removed to the point where level by volume and recycling. rate shall be measured by weight change of equipment shuts down by automatic means 7.5.2.1 Push/Pull Liquid Refrigerant the mixing chamber divided by elapsed time or is manually shut off per operating Recovery Rate. This rate shall be measured (see 7.4.1.2). The units shall be kg/min and instructions. by weight change of the mixing chamber the accuracy shall be per Section 9.4. 7.4.2.1 Oil Draining. Capture oil from the divided by elapsed time (see Section 7.4.1.4). 9.1.1 High Temperature Vapor Recovery equipment at intervals as required in the The units shall be kg/min and the accuracy Rate. This rate shall be measured by instructions. Record the weight of the shall be per Section 9.4. measured weight change of the mixing container. Completely remove refrigerant 7.5.3 Liquid Sample for Analysis. Repeat chamber divided by elapsed time (see from oil by evacuation or other appropriate steps in Sections 7.3, 7.4.2 and 7.5.1 with Section 7.4.1.3). The units shall be kg/min means. The weight difference shall be used further test batches until indication means in and the accuracy shall be per Section 9.4. in Section 7.5.2. Section 4.2 show the filter/drier(s) need 9.2 Liquid Refrigerant Recovery Rate. 7.4.3 Final Recovery Vacuum. At the end replacing. This rate shall be measured by weight change of the first test batch for each refrigerant, the 7.5.3.1 Multiple Pass. For equipment with of the mixing chamber divided by elapsed liquid valve and vapor valve of the apparatus a separate recycling circuit (multiple pass), time (see 7.4.1.3). The units shall be kg/min shall be closed. After waiting 1 minute, the set aside the current cylinder and draw the and the accuracy shall be per Section 9.4. mixing chamber pressure shall be recorded liquid sample (see Section 7.4) from the 9.3 Recycle Flow Rate. The recycle flow (see Section 9.6). previous cylinder. rate shall be as defined in Section 3.12,

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expressed in kg/min, and the accuracy shall For units which either recycle or publish Tables 2 and 3 for each refrigerant designated be per Section 9.4. (list) non-condensable removal, non- by the manufacturer. 9.3.1 For equipment using multi-pass condensable gases are purged, operating the recycling or a separate sequence, the recycle recycle device per the manufacturer’s Section 10. Tolerances rate shall be determined by dividing the net instructions through an evaporator pressure 10.1 Tolerances. Performance related weight, W, of the refrigerant to be recycled regulator (EPR) valve into a liquid nitrogen- parameters shall be equal to or better than the by the actual time T required to recycle. Any chilled cylinder. This combination will published ratings. set-up or operator interruptions shall not be simulate the atmosphere while allowing the included in the time T. capture of purge gases. The cylinder is Section 11. Marking and Nameplate Data 9.3.2 If no separate recycling sequence is weighed before and after the purge 11.1 Marking and Nameplate Data. The used, the recycle rate shall be the higher of procedure. nameplate shall display the manufacturer’s the vapor refrigerant recovery rate or the 9.5.2 Oil Draining. Refrigerant removed name, model designation, type of equipment liquid refrigerant recovery rate. The recycle from the oil after draining shall be collected (Recovery or Recovery/Recycling and Self- rate shall match a process which leads to and measured in accordance with Section Contained or System Dependent), designated contaminant levels in Section 9.9. 7.4.2.1. refrigerant(s), capacities, and electrical Specifically, a recovery rate determined from 9.5.3 Clearing Unit. Refrigerant captured characteristics where applicable. The bypassing a contaminant removal device during the clearing process shall be measured nameplate shall also conform to the labeling cannot be used as a recycle rate when the in accordance with Section 7.4.4.1. requirements established for certified contaminant levels in Section 9.9 are 9.6 Final Recovery Vacuum. The final recycling and recovery equipment determined by passing the refrigerant recovery vacuum shall be the mixing through the contaminant removal device. chamber pressure in Section 7.4.3 expressed established at 40 CFR 82.158(h). 9.4 Accuracy of Flow Rates. The accuracy in kPa at 24 °C. The accuracy of the Recommended nameplate voltages for 60 of test measurements in Sections 9.1, 9.2 and measurement shall be within 0.33 kPa. Hertz systems shall include one or more of ± 9.3 shall be 008 kg/min for flow rates up to 9.7 Residual Trapped Refrigerant. The the equipment nameplate voltages shown in ± 0.42 kg/min and 2.0 percent for flow rates amount of residual trapped refrigerant shall Table 1 of AHRI 110–2016 (incorporated by larger than 0.42 kg/min. Ratings shall be be the final weight minus the initial weight reference, see § 82.168). Recommended expressed to the nearest 0.02 kg/min. of the test cylinder in Section 7.4.4.2, nameplate voltages for 50 Hertz systems shall 9.5 Refrigerant Loss. This calculation will expressed in kg. The accuracy shall be ±0.02 include one or more of the utilization be based upon the net loss of refrigerant kg and reported to the nearest 0.05 kg. voltages shown in Table 1 of IEC 60038 which would have been eliminated in the 9.8 Refrigerant Processed. The amount of (English version) (incorporated by reference, non-condensable purge process (see Section refrigerant processed before changing filters see § 82.168). 7.5.1), the oil draining process (see Section (see Section 7.5.3) shall be expressed in kg 11.2 Data for Designated Refrigerants. For 7.4.2.1) and the refrigerant clearing process to an accuracy of ±1 percent. each refrigerant designated, the manufacturer (see Section 7.4.4.1), all divided by the net 9.9 Contaminant Levels. The contaminant shall include all the following that are refrigerant content of the test batches. The levels remaining after testing shall be applicable per Table 2: refrigerant loss shall not exceed 3 percent by published as follows: weight. a. Liquid Recovery Rate, kg/min 9.5.1 Non-Condensable Purge. Evacuate Moisture content, ppm by weight b. Vapor Recovery Rate, kg/min an empty container to 2 kPa. Record the Chloride ions, pass/fail c. High Temperature Vapor Recovery Rate, empty weight of the container. Place the Acid Content, ppm by weight kg/min container in a dry ice bath. Connect the High boiling residue, percent (by volume) d. Push/Pull Liquid Recovery Rate, kg/min equipment purge connection to the container Particulates/solids, pass/fail (visual e. Final Recovery Vacuum Level, kPa and operate purge according to operating examination) f. Recycle Flow Rate, kg/min instructions so as to capture the non- Non-condensables, percent (by volume) g. Refrigerant Loss, kg condensables and lost refrigerant. Weigh the 9.10 Minimum Data Requirements for h. Residual Trapped Refrigerant, kg cylinder after the recycling is complete. Published Ratings. Published ratings shall i. Quantity of Refrigerant Processed at Rated Equivalent means are permissible. include all of the parameters as shown in Conditions, kg

TABLE 2—PERFORMANCE RATINGS FOR REFRIGERANT RECOVERY AND RECOVERY/RECYCLING EQUIPMENT 45

Type of equipment Parameter System Recovery Recovery/ Recycling dependent recycling equipment

Liquid Refrigerant Recovery Rate, kg/min ...... X 14 X1 N/A 5 N/A Vapor Refrigerant Recovery Rate, kg/min ...... X 1 X1 N/A N/A High Temperature Vapor Recovery Rate, kg/min ...... X 1 X1 N/A N/A Push/Pull Liquid Recovery Rate, kg/min ...... X 1 X1 N/A N/A Final Recovery Vacuum Level, kPa ...... X X N/A X Recycle Flow Rate, kg/min ...... N/A X X N/A Refrigerant Loss, kg ...... X 2 X X X 3 Residual Trapped Refrigerant, kg ...... X 3 X2 X2 X2 Quantity of Refrigerant Processed at Rated Conditions, kg ...... N/A X X N/A 1 For a recovery or recovery/recycle unit, one must rate either liquid refrigerant recovery rate or vapor refrigerant recovery rate or one can rate for both. If rating only one, the other shall be indicated by N/A, ‘‘not applicable.’’ 2 Mandatory rating if multiple refrigerants, oil separation or non-condensable purge are rated. 3 Mandatory rating for equipment tested for multiple refrigerants. 4 ‘‘X’’ denotes mandatory rating or equipment requirements. 5 ‘‘N/A’’ indicates ‘‘Not Applicable’’ for a parameter that does not have a rating.

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TABLE 3—CONTAMINANT REMOVAL RATINGS FOR REFRIGERANT RECOVERY AND RECOVERY/RECYCLING EQUIPMENT 12

Type of equipment Contaminant System Recovery Recovery/ Recycling dependent recycling equipment

Moisture Content, ppm by weight ...... N/A 2 X1 X N/A Chloride Ions, pass/fail ...... N/A X X N/A Acid Content, ppm by weight ...... N/A X X N/A High Boiling Residue, % by volume ...... N/A X X N/A Particulates/solids, pass/fail ...... N/A X X N/A Non-condensables, % by volume ...... N/A X X N/A 1 ‘‘X’’ denotes mandatory rating. 2 ‘‘N/A’’ indicates ‘‘Not Applicable’’ for a parameter that does not have a rating.

Section 12. References TABLE B1—WEIGHT PERCENTAGE IN determine the performance and safety of Listed here are all standards, handbooks, VARIOUS μm SIZE RANGES FOR refrigerant recovery and/or recycling equipment (hereinafter, ‘‘equipment’’). and other publications essential to the SIZE ANALYSIS formation and implementation of the Section 3. Definitions standard. All references in this appendix are As 3.1 All terms in this appendix will follow considered as part of this standard. Size range Blend (μm) received (wt %) the definitions in § 82.152 and Appendix B3 • UL 1963, Standard for Safety Refrigerant (wt %) to Subpart F of Part 82 unless otherwise Recovery/Recycling Equipment, Fourth defined in this appendix. Edition (with revisions through October 0–5 ...... 12 6 3.2 All definitions used in UL 1963, 5–10 ...... 12 6 13, 2013), dated June 1, 2011, including the definitions in Supplement SB, 10–20 ...... 14 7 (incorporated by reference, see § 82.168). as applicable, are incorporated by reference, 20–40 ...... 23 11 • AHRI 110–2016, 2016 Standard for Air- see § 82.168. 40–80 ...... 30 32 Conditioning, Heating and Refrigerating 80–200 ...... 9 38 Section 4. Evaluation of Performance Equipment Nameplate Voltages, copyright 2016 (incorporated by 4.1 Performance Ratings. All recovery reference, see § 82.168). ■ 17. Amend subpart F by adding and/or recycling equipment to be tested • AHRI Standard 700–2015, Specifications appendix B4 to read as follows: under this appendix must follow the procedures and meet all requirements for Refrigerants, Air-Conditioning, Appendix B4 to Subpart F of Part 82— Heating, and Refrigeration Institute established in Appendix B3 to Subpart F of Performance and Safety of Flammable • IEC 60038 IEC Standard Voltages, Edition Part 82 to determine the performance ratings 7.0, 2009–06 (English version) Refrigerant Recovery and/or Recycling in addition to the safety evaluation (incorporated by reference, see § 82.168). Equipment conducted under the rest of this appendix. 4.2 Safety. All recovery and/or recycling This appendix is based on the Air- Section 13.0. Particulate Used in Standard equipment to be tested under this appendix Conditioning, Heating, and Refrigeration Contaminated Refrigerant Sample must follow the procedures and meet all Institute Standard 740–2016, Performance requirements in Supplement SB (added 13.1 Particulate Specification Rating of Refrigerant Recovery Equipment October 11, 2013), Requirements for 13.1.1 The particulate material (pm) will and Recovery/Recycling Equipment, and be a blend of 50 percent coarse air cleaner Underwriters Laboratories Standard 1963– Refrigerant Recovery/Recycling Equipment as received, and 50 percent retained on 2011 (Fourth Edition), Standard for Safety: Intended for Use with a Flammable a 200-mesh screen. The coarse air cleaner Refrigerant Recovery/Recycling Equipment, Refrigerant in Underwriters Laboratories dust is available from: AC Spark Plug including Supplement SB (added October 11, Standard 1963–2011 (Fourth Edition), Division; General Motors Corporation; Flint, 2013), Requirements for Refrigerant Standard for Safety: Refrigerant Recovery/ Michigan. Recovery/Recycling Equipment Intended for Recycling Equipment (incorporated by 13.1.2 Preparation of Particulate Use with a Flammable Refrigerant. reference, see § 82.168). ■ 18. Amend subpart F by revising Materials. To prepare the blend of Section 1. Purpose contaminant per ANSI/ASHRAE Standard appendix D to read as follows: 63.2–1996 (RA 2010), first wet screen a 1.1 The purpose of this standard is to Appendix D to Subpart F of Part 82— quantity of coarse air cleaner dust on a 200- establish methods of testing for rating and mesh screen (particle retention 74 mm). This evaluating the performance and safety of Standards for Becoming a Certifying refrigerant recovery and/or recycling is done by placing a portion of the dust on Program for Technicians equipment and general equipment a 200-mesh screen and running water requirements (herein referred to as a. Test Preparation. Technicians must pass through the screen while stirring the dust ‘‘equipment’’) for contaminant or purity an EPA-approved test, provided by an EPA- with the fingers. The fine contaminant levels, capacity, speed and purge loss to approved certifying program to be certified as passing through the screen are minimize emission into the atmosphere of a Type I technician. Organizations providing discarded. The larger than 200-mesh particles designated refrigerants, as well as safety for Type I certification only may choose either collected on the screen are removed and use with flammable refrigerants. an on-site format or a mail-in format similar dried for one hour at 110 °C. The blend of to what is permitted under the MVACs standard contaminant is prepared by mixing Section 2. Scope program. 50 percent by weight of coarse air cleaner 2.1 This standard applies to equipment Technicians must pass a closed-book, dust as received (after drying for one hour at for recovering and/or recycling flammable proctored test, administered in a secure 110 °C) with 50 percent by weight of the single refrigerants, azeotropes, zeotropic environment, by an EPA-approved certifying larger than 200-mesh screened dust. blends, and their normal contaminants from program to be certified as a Type II or Type 13.1.3 Analysis. The coarse refrigerant systems. This standard defines the III technician. air cleaner dust as received and the blend test apparatus, test gas mixtures, sampling Technicians must pass a closed-book, used as the standard contaminant have the procedures, analytical techniques, and proctored test (or series of tests), following approximate particle size analysis: equipment construction that will be used to administered in a secure environment, by an

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EPA-approved certifying program to be photo identification. Acceptable forms of the name of the person certified, the type of certified as a Universal technician. Mail-in identification include but are not limited to certification, a unique number for the format Type I tests cannot be used toward a drivers’ licenses, government identification certified person that does not include a Universal certification. cards, passports, and military identification. technician’s social security number, and the Each certifying program must assemble Certifying programs for Type I technicians following text: tests by choosing a prescribed subset from using the mail-in format, must take sufficient [name of person] has successfully passed a the EPA test bank. EPA will have a test bank measures at the test site to ensure that tests [Type I, Type II, Type III and/or Universal— with more questions than are needed for an are completed honestly by each technician. as appropriate] exam on how to responsibly individual test, which will enable the Each test for Type I certification must handle refrigerants as required by EPA’s certifying program to generate multiple tests provide a means of verifying the National Recycling and Emissions Reduction in order to discourage cheating. Each test identification of the individual taking the Program. must include 25 questions drawn from Group test. Acceptable forms of identification 1 and 25 questions drawn from each relevant g. Recordkeeping and Reporting include but are not limited to drivers’ Requirements. Certifying programs must technical Group. Tests for Universal licenses and passports. technicians will include 100 questions (25 maintain records of the names and addresses c. Test Security. A certifying program must of all individuals taking the tests, the scores from Group 1 and 25 from each relevant demonstrate the ability to ensure the technical Group). Universal tests may be of all certification tests administered, and the confidentiality and security of the test dates and locations of all tests administered. taken all at once, or by combining passing questions and answer keys through strict scores on separate Type I, Type II, and Type These records must be maintained accountability procedures. An organization indefinitely, unless transferred to another III tests. Questions should be divided in interested in developing a technician order to sufficiently cover each topic within certifying program or EPA. certification program will be required to EPA must receive an activity report from the Group. describe these test security procedures to Certifying programs must provide a paper all approved certifying programs by every EPA. January 30 and July 30, which covers the hand-out or electronic form of After the completion of a test, proctors communication to technicians after they have previous six months of certifications. The must collect all test forms, answer sheets, first report must be submitted following the completed their certification test that scratch paper and notes. These items are to contains the following information: first full six-month period for which the be placed in a sealed envelope. program has been approved by EPA. This —Which certifying program is providing the d. Test Content. All Type I, Type II and report includes the pass/fail rate. If the testing; Type III, certification tests will include 25 certifying program believes a test bank —Contact information for the certifying questions from Group I and 25 questions question needs to be modified, information program; from Group II. Universal certification tests —The name and contact information of the about that question should also be included. will include 25 questions from Group I and Approved certifying programs will receive proctor; and 75 questions from Group II (with 25 from —When they should expect to receive their a letter of approval from EPA. Each testing each of the three sector-specific areas). center must display a copy of that letter at score and, if they passed, their certification Group I will ask questions in the following card. their place of business. areas: Approved technician certification Each certifying program must show a 1. Environmental impact of CFCs, HCFCs, programs that voluntarily plan to stop method of randomly choosing which and substitute refrigerants providing the certification test must forward questions will be on the tests. Multiple 2. Laws and regulations all records required by this appendix and versions of the test must be used during each 3. Changing industry outlook § 82.161 to another program currently testing event. Test answer sheets must approved by EPA in accordance with this include the name and address of the Group II will ask questions covering sector- specific (i.e., Type I, Type II, Type III) issues appendix and with § 82.161. Approved applicant, the name and address of the technician certification programs that receive certifying program, and the date and location in the following areas: records of certified technicians from a at which the test was administered. 4. Leak detection program that no longer offers the certification Training material accompanying mail-in 5. Recovery Techniques test, and the program that is voluntarily Type I tests must not include sample test 6. Safety withdrawing from being a technician questions mimicking the language of the 7. Shipping certification program must inform EPA at the certification test. All mail-in material will be 8. Disposal address listed in § 82.160 within 30 days of subject to review by EPA. e. Grading. Tests must be graded receiving or transferring these records. The Certifying programs may charge objectively. Certifying programs must inform notification must include the name and individuals reasonable fees for the the applicant of their test results no later than administration of the tests. EPA will publish address of the program to which the records 30 days from the date of the test. Type I a list of all approved certifying programs. have been transferred. If another currently certifying programs using the mail-in format b. Proctoring. A certifying program for approved program willing to accept the must notify the applicants of their test results Type I (if in-person), Type II, Type III, and records cannot be located, these records must Universal technicians must designate at least no later than 30 days from the date the be submitted to EPA at the address listed at one proctor registered for every 50 people certifying programs received the completed § 82.160. taking tests at the same time at a given site. test and any required documentation. Technician certification programs that The certification test for Type I (if taken as The passing score for the closed-book Type have had their certification revoked in part of a Universal certification), Type II, I, Type II, Type III and Universal certification accordance with § 82.169 must forward all Type III, and Universal technicians is a test is 70 percent. The passing score for Type records required by this appendix and closed-book exam. The proctors must ensure I certification tests using the mail-in format § 82.161 to EPA at the address listed in that the applicants for certification do not use is 84 percent. § 82.160. Failure to do so is a violation of 40 any notes or training materials during testing. f. Proof of Certification. Certifying CFR part 82, subpart F. Desks or work space must be placed in a way programs must issue a standard wallet-sized h. Additional Requirements. EPA may that discourages cheating. The space and identification card no later than 30 days from periodically inspect testing sites to ensure physical facilities are to be conducive to the date of the test. Type I certifying compliance with EPA regulations. If testing continuous surveillance by the proctors and programs using mail-in formats must issue center discrepancies are found, they must be monitors during testing. cards to certified technicians no later than 30 corrected within a specified time period. If The proctor may not receive any benefit days from the date the certifying program discrepancies are not corrected, EPA may from the outcome of the testing other than a receives the completed test and any required suspend or revoke the certifying program’s fee for proctoring. Proctors cannot know in documentation. approval. The inspections will include but advance which questions are on the tests Each wallet-sized identification card must are not limited to a review of the certifying they are proctoring. include, at a minimum, the name of the program’s provisions for test security, the Proctors are required to verify the identity certifying program including the date the availability of space and facilities to conduct of individuals taking the test by examining certifying program received EPA approval, the administrative requirements and ensure

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the security of the tests, the availability of orientation, and state of fill, then re-weighed. 5.5 A barometric pressure instrument adequate testing facilities and spacing of the Leakage rate (grams/year) is estimated by capable of measuring atmospheric pressure at applicants during testing, a review of the (weight loss in grams) x 365/(days duration). the location of the balance to within ± 0.02 proper procedures regarding accountability, The leakage rate is then compared to a inches of mercury. and that there is no evidence of misconduct standard of 3.00 grams/year to determine if 5.6 A relative humidity measuring on the part of the certifying programs, their a given small can complies with the leakage instrument capable of measuring the relative representatives and proctors, or the rate specified in § 82.154(c)(2)(ii). humidity (RH) at the location of the balance applicants for certification. with a sensitivity of ± 2 percent RH. If the certifying programs offer training or Section 3. Biases and Interferences 5.7 A hose with appropriate fitting for provide review materials to the applicants, 3.1 Contaminants on the operator’s hands dispensing refrigerant from the small can to these endeavors are to be considered can affect the weight of the small can and the a recovery machine. completely separate from the administration ability of the small can to absorb moisture. 5.8 A refrigerant recovery machine to of the certification test. To avoid contamination of the small can, the collect the discharged refrigerant from small ■ 19. Amend subpart F by adding balance operator should wear gloves while cans being tested. appendix E to read as follows: handling the small cans. Section 6. Calibration Procedures 3.2 Weight determinations can be Appendix E to Subpart F of Part 82— interfered with by moisture condensing on 6.1 Calibrations are applied to the Test Procedure for Leaks From the small can and by thermal currents balance and to the support equipment such generated by temperature differences as temperature, humidity, and pressure Containers Holding Two Pounds or Less monitoring equipment. Procedures for of Refrigerant for Use in an MVAC between the small can and the room temperature. The small cans cool during calibration are not spelled out here. General This appendix is based on the California discharge and could cause condensation. For calibration principals for the support Air Resources Board (CARB) standard TP– these reasons, small cans must be equipment and the balance are described in 503: Test Procedure for Leaks from Small equilibrated to balance room temperature for Section 11, Quality Assurance/Quality Cans of Automotive Refrigerant, as amended at least four hours before weighing. Control. Detailed calibration procedures for on January 5, 2010; and CARB standard BP– 3.3 Variations in the temperature, measurements made using the balance are A1: Balance Protocol for Gravimetric pressure, and humidity of the ambient air contained in Attachment A: ‘‘Balance Determination of Sample Weights using a will cause variations in the buoyancy of the Protocol for Gravimetric Determination of Precision Balance, as amended January 5, small can. These variations should typically Sample Weights using a Precision Balance.’’ 2010. be less than 25 mg for a small can. If the Section 7. Small Can Preparation small can is not leaking at all, then the Section 1. Applicability 7.1 Receive a batch of 240 small cans of uncorrected weight changes will be within one design to be tested. These may include This test procedure is used by ± the range of 0 25 mg, which is about ten several SKUs from different manufacturers if manufacturers of containers holding two percent of the 247 mg loss expected after the container and valve combination are the pounds or less of refrigerant for use in a thirty days for a can leaking at 3 g/yr. In that same. motor vehicle air conditioner (MVAC) to case buoyancy corrections can be omitted. If 7.2 Clean small cans with Alkanox determine the leakage rate of small the absolute value of the uncorrected weight solution or equivalent and dry with a lint free containers of automotive refrigerant that are change exceeds 25 mg, then all calculations towel. subject to the requirements of 40 CFR part 82, must be made using weights corrected for 7.3 Confirm that the sample ID sticker on subpart F. Specifically, this test procedure buoyancy based on the temperature, the small can matches the sample ID on the will specify the equipment, procedures, and pressure, and humidity of the weighing chain of custody forms. calculations to determine if a container room. 7.4 Select a reference mass similar to the holding two pounds or less of refrigerant for 3.4 Some electronic balances are sensitive weight of a full small can. If multiple sets of use in an MVAC complies with the leakage to the effects of small static charges. The similar sized small cans are being tested, rate specified in § 82.154(c)(2)(ii). All terms small can should be placed directly on the only one reference mass is needed; it can be in this appendix will follow the definitions balance pan, ensuring metal to metal contact. used with all sets. Store the reference mass in § 82.152 unless otherwise defined in this If the balance pan is not grounded, the small in the balance area. appendix. can and balance pan should be statically 7.5 Evacuate the contents of one half of All containers holding two pounds or less discharged before weighing. the small cans (120 cans) into the refrigerant of refrigerant for use in an MVAC must Section 4. Sensitivity and Range recovery machine using normal DIY comply with other applicable codes and dispensing procedures until each small can regulations such as local, state, or Federal The mass of a full small can could range is approximately half full. safety codes and regulations. from roughly 50 g to 1000 g depending on the 7.6 Select a reference mass similar to the This test procedure involves the use of container capacity. A top loading balance, weight of the half-full small can. If multiple materials under pressure and operations and capable of a maximum weight measurement sets of similar size small cans are being should only be used by or under the of not less than 1,000 g and having a tested, only one reference mass is needed; it supervision of those familiar and minimum readability of 0.001 g, can be used with all sets. Store the reference ± experienced in the use of such materials and reproducibility and linearity of 0.002 g, mass in the balance area. operations. Appropriate safety precautions must be used to perform mass measurements. should be observed at all times while Section 8. Small Can Weighing Section 5. Equipment performing this test procedure. Weighing cans on the balance is done in 5.1 A top loading balance that meets the Section 2. Principle and Summary of Test accordance with Attachment A to this requirements of Section 4 above. appendix. Attachment A describes how to Procedure 5.2 A NIST traceable working standard conduct weight determinations including This procedure is used to determine the mass for balance calibration. A NIST appropriate calibration and QC data. This leakage rate of containers holding two traceable working standard mass for a section, ‘‘Small Can Weighing,’’ describes the pounds or less of refrigerant for use in an balance linearity check. A reference mass to overall process, not the details of how to use MVAC (small cans). Testing will involve serve as a ‘‘blank’’ small can. the balance. subjecting both full and partially empty cans 5.3 An enclosure capable of controlling in both upright and inverted positions at two the internal air temperature from 73 °F ± 5 °F, Initial Weights temperatures: 73 °F and 130 °F. and an enclosure capable of controlling the 8.1 Put on gloves. Check the small cans Thirty small cans are tested under each internal air temperature to 130 °F ± 5 °F. for contamination. condition for a total of 240 small cans tested. 5.4 A temperature instrument capable of 8.2 Place the 240 small cans into a Small cans are brought to temperature measuring the internal temperature of the location where they can equilibrate to stability, weighed, then stored for 30 days temperature conditioning enclosures and the balance room temperature. Record the small under specified conditions of temperature, balance room with a sensitivity of ± 2 °F. can test IDs and the equilibration start time

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on the Small Can Test Data Forms available averaging the 240 individual adjusted annual 11.2 The balance should be serviced and on EPA’s Web site in sets of thirty, one form emission rates and rounding to two decimal calibrated annually by an independent for each of the eight test conditions. places. The cans fail the test if the adjusted balance service company or agency using 8.3 Let cans equilibrate for at least four annual emission rate averaged over 240 cans NIST traceable reference masses. Servicing hours. is greater than 3.00 g/yr. The calculations are verifies accuracy and linearity, and the 8.4 Weigh the set of 240 small cans and described below. maintenance performed helps ensure that a the reference weights using Attachment A Loss rate for each small can malfunction does not develop. and log the results to the Balance Weighing Eidaily = (Wifinal ¥ Wiinitial)/(Difinal ¥ Diinitial) 11.3 The balance must also be calibrated Log Form available on EPA’s Web site. g/day and its linearity checked with working 8.5 Transfer data from the Balance Eiannual = 365 × Eidaily g/year standards before and after each weighing Weighing Log Form to the Small Can Test Eiadjusted = Minimum of (Eiadjusted, Ci/year) g/ session, or before and after each group of 24 Data Form in sets of 30, one set for each of yr small cans if more than 24 small cans are the eight conditions to be tested. Where, weighed in a session. Procedures for calibrating and using the balance, as well as Thirty-Day Soak Ei = emission rate recording balance data, are described in the Wi = weight of can i after soaking (grams) 8.6 Place each set of 30 small cans into final accompanying balance weighing protocol. the appropriate orientation and temperature Wiinitial = weight of can I before soaking (grams) These procedures include zero checks, for soaking: calibration checks, and reference mass ° Difinal = date/time of final weight 30 full small cans—73 F, upright measurements (days) checks. Procedures for calculating quality 30 full small cans—73 °F, inverted control data from those checks are described ° Diinitial = date/time of initial weight 30 full small cans—130 F, upright measurements (days) in Attachment A. 30 full small cans—130 °F, inverted 11.4 The small cans are cleaned then ° Ci = original factory mass of refrigerant in 30 half-full small cans—73 F, upright can i handled using gloves to prevent 30 half-full small cans—73 °F, inverted contamination. All equilibration and soaking Note: Date/Times are measured in days. 30 half-full small cans—130 °F, upright must be done in a dust free area. 30 half-full small cans—130 °F, inverted Microsoft Excel stores dates and times in days, and the calculations can be made Section 12. Balance Protocol for Gravimetric 8.7 Soak the small cans for 30 days directly in Excel. If calculations are made Determination of Sample Weights Using a undisturbed. manually, calculate serial days to the nearest Precision Balance Final Weighing hour for each date and time as follows: 12.1 Scope and application 8.8 Place the 240 small cans into a D = Julday + Hour/24 This Protocol summarizes a set of location where they can equilibrate to Where, procedures and tolerances for weighing balance room temperature. Julday = serial day of the year: Jan 1 = 1, Jan objects in the range of 0 to 1,000 g with a 8.9 Let the small cans equilibrate for at 31 = 31, Feb 1 = 32, etc. resolution of 0.001 g. This protocol only least four hours. Hour = hour of day using 24-hour clock, 0 addresses balance operations, it does not 8.10 Weigh the set of 240 small cans, the to 23 address project requirements for reference weights, and any additional sets of Calculate the average loss rate for the 240 equilibration, sample hold time limits, small cans using Attachment A. small cans as follows: sample collection etc. 8.11 Transfer data from the Balance 12.2 Summary of method Weighing Log Form to the corresponding Emean = [Sum (Eadjustedi), i = 1 to 240]/240 The balance is zeroed and calibrated using Small Can Test Data Forms. Section 10. Recordkeeping procedures defined herein. Object weight determinations are conducted along with During small can weighing, record the Section 9. Calculations control object weight determinations, zero small can weights and date/times on the checks, calibration checks, sensitivity checks, Corrections for Buoyancy Balance Weighing Log Form. After each and replicate weightings in a defined The calculations in this section are weighing session, transfer the measured described in terms of ‘‘weight.’’ Mass is a weights and date/times from the Balance sequence designed to control and property of the small can, whereas weight is Weighing Log Form to the Small Can Test quantitatively characterize precision and a force due to the effects of buoyancy and Data Form. accuracy. gravity. Procedures for correcting the effect of At the end of the test, complete the 12.3 Definitions buoyancy are given in Attachment B of this calculations described in Section 9, N/A. appendix. Ignoring buoyancy, i.e., using Calculations, and record the results on the 12.4 Interferences weight data uncorrected for buoyancy effects, Small Can Test Data Form. Object weights can be affected by is acceptable for a thirty day test if the temperature and relative humidity of their absolute magnitude of the weight change is Section 11. Quality Assurance/Quality environment, air currents, static electricity, less than 25 mg. If the uncorrected weight Control gain and loss of water vapor, gain or loss of change exceeds 25 mg for any small can, then 11.1 All temperature, pressure, and and loss of volatile compounds directly from correct all small can weights for buoyancy humidity instruments should be calibrated the sample or from contaminants such as using the procedures in Attachment B before annually against NIST traceable laboratory finger prints, marker ink, and adhesive tape. performing the calculations described below. standards. The main purpose of the NIST Contamination, transfer of material to or traceable calibration is to establish the from the samples, is controlled by Calculation of Leak Rate absolute accuracy of the device. The conducting operations inside a clean area The emission rate in grams/day for each instruments should also be checked dedicated to the purpose and having a small can is calculated by subtracting the periodically such as weekly, monthly, or filtered laminar air flow where possible; by final weight from the initial weight and then quarterly against intermediate standards or wearing gloves while handling all samples dividing the weight difference by the time against independent instruments. For and related balance equipment; by using difference measured in days to the nearest example, a thermocouple can be checked forceps to handle small objects, and by hour (nearest 1/24 of a day). The emission weekly against a wall thermometer. A keeping the balance and all related rate in g/day is multiplied by 365 to barometer or pressure gauge can be checked equipment inside the clean area. determine emission rate in grams/yr. If the weekly by adjusting to sea level and Air currents are controlled by conducting annual emission rate for any small can comparing with local airport data. The main weighing operations inside a closed chamber exceeds the entire small can contents, then purpose of the frequent checks is to verify or glove box and by allowing the substrates the annual emission rate for that small can that the device has not failed in some way. to reach temperature and relative humidity is adjusted to equal the entire small can This is especially important for electronic equilibrium. The chamber is maintained at contents/year (e.g., about 350 g/yr for a 12 devices such as a digital thermometer, but 40 percent relative humidity and 25 °C by a ounce small can). The annual emission rate even a liquid filled thermometer can develop continuous humidity and temperature for the purpose of the test is calculated by a problem such as a bubble. control system. The temperature and RH

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conditions are recorded at least once per 9. If less than 24 cans are weighed, perform 3. Record the reading with QC code ZC weighing sessions. Equilibration times for a final Calibration Check at the end of 4. If the ZC reading is less than or equal to samples that are particularly sensitive to weighing. the zero adjustment tolerance shown in humidity or to loss of semi-volatiles species This sequence is interrupted and samples Table 1, return to weighing and do not are specified by project requirements. are reweighed if QC check tolerances are not adjust the zero. If the ZC reading Static electric charges on the walls of the met. Each of these procedures along with exceeded the zero adjustment tolerance, balance and the weighed objects, including procedures for handling and reading the proceed with steps 5 through 7. samples, controls, and calibration weights, balance are described below. The QC 5. Press the Tare button can significantly affect balance readings. tolerances referred to in these procedures are 6. Record the reading in the logbook with QC Static is avoided by the operator ground listed in Table 1. code ZA. himself and test objects as described in the 12.11.2 Handling 7. If the ZC reading exceeded the zero re- balance manual. 1. Never touch samples, weights, balance weigh tolerance, change the QC code 12.5 Personnel health and safety pans, etc. with bare hands. Wear powder free recorded in step 3 from ZC to FZC. Then enter a QC code of FZ into the QC code N/A gloves to handle the weights, controls, and column of all samples weights obtained 12.6 Equipment and supplies samples. after the last valid zero check. Re- weigh • Filtered, temperature and humidity 12.11.3 Reading the Balance all of those samples, recording new data 1. Close the door. Wait for the balance controlled weighing chamber. in new rows of the logbook. • Precision Balance stabilization light to come on, and note the • forceps reading. 12.11.6 Calibration Check • Nylon fabric gloves. 2. Watch the balance reading for 30 sec 1. First, follow procedures for Zero Check. If • Working calibration weights: ANSI Class (use a clock). If the reading has not changed the ZC was within tolerance, tare the 2, 1000g and 500 g by more than 0.001 g from the reading noted balance anyway (i.e., follow steps 5 and • Working sensitivity weight: 50 mg in step 1, then record the reading observed 6 of the Zero Check method) • Reference objects: references are one or at the end of the 30 sec period. 2. Place the 1,000 g working calibration more objects that are typical of the objects to 3. If the reading has drifted more than weight on the sample pan, wait for a be weighed during a project, but that are 0.001 g note the new balance reading and go stable reading. stored permanently inside the balance glove to step 2. 3. Record the reading with QC code C1000 4. If the C1000 reading is less than or equal box. Reference objects are labeled Test1, 4. If the balance reading is flickering back to the calibration adjustment tolerances, Test2, Test3, etc. and forth between two consecutive values skip steps 5 through 8 and proceed to 12.7 Reagents and standard choose the value that is displayed more often than the other. step 9. Do not adjust the calibration. N/A 5. If the C100 reading exceeded the 12.8 Sample collection, preservation, and 5. If the balance reading is flickering equally back and forth between two calibration adjust tolerance, press the storage Calibrate button. N/A. See relevant project requirements and consecutive values choose the higher value. 12.11.4 Initial Adjustment 6. Record the reading in the logbook with QC SOPs. code CA 12.9 Quality control 1. Empty the sample pan Close the door. 7. Perform a Zero Check (follow the Zero Data quality is controlled by specifying Select Range 1000 g Check method) frequencies and tolerances for Zero, 2. Wait for a stable reading 8. If the C1000 reading exceeded the Calibration, Linearity, and Sensitivity checks. 3. Record the reading with QC code IZC calibration re-weigh tolerance, change If checks do not meet tolerance criteria, then (initial zero check) the code recorded in step 3 from C1000 samples must be re-weighed. In addition, the 4. Press the Tare button to FC1000. Enter FC into the QC column procedures specify frequencies for Control 5. Record the reading in the logbook with QC for all sample weights obtained after the Object Checks. code IZA (initial zero adjust) last valid calibration check. Re-weigh all Data quality is quantitatively characterized 6. Place the 1,000 g working calibration of those samples, recording new data in using Zero Check, Calibration Check, and weight on the balance pan new rows of the logbook. Control Check data. These data are 7. Wait for a stable reading. 12.11.7 Replicate Weighing Check summarized monthly in statistics and QC 8. Record the reading with QC code ICC 1. This protocol does not include reweigh charts. (initial cal check) samples to obtain replicates. The projects for 12.10 Calibration and standardization 9. Press the Calibrate button which this protocol is intended already The absolute accuracy of the balance is 10. Record the reading with QC code ICA include procedures multiple weightings of established by calibration against an ANSI (initial cal adjust) each sample. Class 2, stainless steel working weight: 11. Remove the calibration weight. ± 12. Wait for a stable reading. 1000.000 g 0.0025 g. Linearity is TABLE 1—QC TOLERANCES AND FRE- established checking the midpoint against an 13. Record the reading with QC code IZC. ± QUENCIES FOR BALANCE PROTOCOL ANSI Class 2 stainless steel working weight: 14. If the zero reading exceeds 0.002 g, go 500.000 ± 0.0012 g. Sensitivity is established to step 4. using and ANSI Class 2 stainless steel or 15. Place the 500 g calibration weight on the Reading Tolerance: aluminum working weight: 50 mg. Precision balance pan is checked by periodically checking zero, 16. After a stable reading, record the reading 0.001 g, stable for 30 sec. calibration, and reference object weights. with QC code C500. Do not adjust the Adjustment Tolerances: 12.11 Procedure balance. 17. Add the 0.050 g weight to 500 g weight 12.11.1 Overview of Weighing Sequence Zero: ...... ¥0.003 to +0.003 g. Weighing a series of substrates consists of on the balance pan. 18. After a stable reading, record the reading Calibration: ...... 999.997 to 1000.003 performing the following procedures in g. sequence, while observing the procedures for with QC code C0.05. Do not adjust the balance. Controls: ...... none. handling and the procedures for reading the Replicates: ...... none. balance: 19. Weigh reference object TEST1, record reading with QC code T1. 1. Initial Adjustment Re-weigh Tolerances: 20. Weigh the reference object TEST2, 2. Weigh eight samples TEST3, etc. that is similar in weight to 3. Zero Check Zero: ...... ¥0.005 to +0.005 g. the samples that you will be weighing. 4. Weigh eight samples Calibration: ...... 999.995 to 1000.005 Record with QC code T2, T3, etc. 5. Zero Check g. 6. Weigh eight samples 12.11.5 Zero Check Controls: ...... none. 7. Calibration Check 1. Empty the sample pan. Close the door. Replicates: ...... none. 8. Return to step 2. 2. Wait for a stable reading

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TABLE 1—QC TOLERANCES AND FRE- contributed by the zero with the imprecision weight difference of about 0.03 mg, which is QUENCIES FOR BALANCE PRO- contributed by the calibration. insignificant compared to our balance 2 2 resolution which is 0.001 g or 1 mg. TOCOL—Continued U = Sqrt(SZ + SC ) The uncertainty in a weight gain from N Based on the discussion above, no Reference Objects: replicates is then given by: corrections for gravity are necessary when 2 2 determining weight changes in small cans. Ugain = Sqrt(2) × Sqrt(SZ + SC )/Sqrt(N) Test 1—A reference object weighing about 13.2 Buoyancy But due to the balance adjustment and 400 g. Within a weighing session, the difference reweigh tolerances, we expect S to Test 2—A reference object weighing about Z in density between the sample object and the approximately equal S , to approximately 200 g. C calibration weight will cause the sample equal S , etc. tolerances, so that the equation Test 3—A reference object weighing about M object weight value to differ from its mass above becomes: 700 g. value due to buoyancy. For a 1-liter object in × Ugain = 2 S/Sqrt(N) air at 20 °C and at 1 atm, the buoyant force QC Frequencies: Where S is any individual standard is about 1.2 g. The volume of a 1 kg object deviation; or better, a pooled standard with a density of 8 g/cm3 (e.g., a calibration Zero Checks: ...... once per 8 samples. deviation. weight), is about 0.125 liters, and the Calibration Checks: ... once per 24 samples. 12.13 Method performance buoyancy force is about 0.15 g. Variations in Repeat weighings: .... none (test method in- The data necessary to characterize the air density will affect both of these values in cludes replicate de- accuracy and precision of this method are proportion. The net value being affected by terminations). still being collected. The method is used variations in air density is thus on the order Control objects: ...... once per weighing primarily to weigh objects before and after a of 1.2 ¥ 0.15 = 1.05 g. Air density can vary session. period of soaking to determine weight loss by up or down by 2 percent or more due to subtraction. Given the reweigh tolerances, we variations in barometric pressure, 12.12 Data analysis and calculations expect that the precision of weight gain temperature, and humidity. The buoyancy For Zero Checks, let Z equal the recorded determinations will be on the order of 0.006 force will then vary up or down by 0.02 g, Zero Check value. For control checks let T1, g at the 1-sigma level. Bias in the weight gain or 20 mg. This is significant compared to the T2, etc. equal the recorded value for control determination, due to inaccuracy of the weight change expected after one week for a object Test 1, Test 2, etc. For Calibration calibration weight and to fixed non-linearity can leaking at 3 grams per year, which is 57 Checks, let C1000 equal C1000 reading minus of the balance response is on the order 0.005 mg. 1000, M = C500—500, S = .C.050—C500— percent of the gain. Based on the discussion above, buoyancy .050. For Replicate Checks, let D equal the 12.14 corrections must be made. loss that occurred between the first and When discharging half the can contents Variables measured or calculated: second measurements. In summary: 3 during can preparation, do not vent the Vcan = volume of can (cm ). Estimate to T1 = T1 contents of the small can to the atmosphere. within 10 percent by measuring the can T2 = T2 Use an automotive recovery machine to dimensions or by water displacement. T3 = T3 transfer small can contest to a recovery Error in the can volume will cause an Z = ZC—0 cylinder. error in the absolute amount of the C = C1000—1000 12.15 buoyancy force, but will have only a M = C500—500 Dispose of the contents of the recycle small effect on the change in buoyancy G = C050—C500—.050 cylinder through a service that consolidates force from day to day. Tabulate the mean and standard deviation waste for shipment to EPA certified facilities Wcan = nominal weight of a can (g), used to for each of the following: Z, C, M, G. T1, T2, for reclaiming or destruction. calculate the nominal density of the can. T3. Depending on the number of operators r 3 Section 13. Compensation of Weight Data for can = nominal density of a small can (g/cm ). using the balance and the number of Buoyancy and Gravity Effects The nominal values can be applied to protocols in use, analyze the data by corrections for all cans. It is not subcategories to determine the effects of 13.1 Gravity necessary to calculate a more exact balance operator and protocol. Each of these Variations in gravity are important only density for each can. Calculate once for standard deviations, SZ, SC, etc. is an when weighing objects under different a full can and once for a half full can as estimate of the precision of single weight gravitational fields, i.e., at different locations follows: or at different heights. Since the balance measurement. r = Wcan /Vcan procedures calibrate the balance against a can For Z, C, M, and G, check the mean value T = Temperature in balance chamber (degrees known mass (the calibration ‘‘weight’’) at the for statistical difference from 0. If the means Celsius). same location where sample objects are are statistically different than zero, RH = Relative humidity in balance chamber weighed, there is no need to correct for troubleshooting to eliminate bias may be (expressed a number between 0 and 100). location. Although both the sample and the called for. For Z, C, M, G, T1, T2, T3, check P = Barometric pressure in balance calibration weight are used at the same baro that the standard deviations are all chamber (millibar). Use actual pressure, location, there will be a difference in the comparable. If there are systematic NOT pressure adjusted to sea level. height of the center of gravity of the sample differences, then troubleshooting to eliminate r = density of air in the balance chamber object (small can) and the center of gravity air the problem may be called for. (g/cm3). Calculate using the following of the reference mass (calibration weight). Note that the precision of a weight gain, approximation: However, this difference in height is involves two weight determinations, and r = 0.001*[0.348444*P ¥(RH/100) × therefore is larger than S by a factor of sqrt(2). maintained during both the initial weights air baro (0.252 × T¥2.0582)]/(T + 273.15) On the other hand replicate weighings and final weights, affecting the initial and r = the reference density of the calibration improves the precision of the determinations final weights by the same amount, and ref weight (g/cm3). Should be 8.0 g/cm3. by a factor of sqrt(N). If N = 2, i.e., duplicates, affecting the scale of the weight difference by Equation to correct for buoyancy: W = then the factors cancel each other. only a few ppm. In any event, the magnitude corrected W × (1—r /r )/(1—r /r ) To estimate the overall uncertainty in a of this correction is on the order of 0.3 ug per reading air ref air can weight determination, a conservative kg per mm of height difference. A difference [FR Doc. 2016–24215 Filed 11–17–16; 8:45 am] estimate might be to combine the imprecision on the order of 100 mm would thus yield a BILLING CODE 6560–50–P

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