										February 3, 2009

Ms. Cindy Axinn Newberg

EPA Stratospheric Protection Division

Office of Atmospheric Programs

Office of Air and Radiation (6205J)

1200 Pennsylvania Avenue, NW.

Washington, DC 20460

RE: Docket ID No. EPA-HQ-OAR-2007-0163

Honeywell is submitting this letter in response to the Proposed Rule
addressing Protection of Stratospheric Ozone: Ban on the Sale or
Distribution of Pre-Charged Appliances.  It specifically deals with
appliances utilizing HCFC-22 and/or HCFC-142b.

Honeywell is a major HCFC-22 producer and also produces
hydrofluorocarbons (HFCs) that can be used as non-ozone depleting
alternatives to these refrigerants.  We seek to provide for market needs
in a way that provides, in a seamless manner, for both new equipment and
allows for service of existing operating units while seeking to minimize
potential damage to the stratospheric ozone layer.

Honeywell agrees with the EPA judgment that Section 615 of the Clean Air
Act provides for an appropriate legal basis for EPA action on import of
products containing HCFCs.  We also agree that implementation of
restriction on import of equipment containing HCFCs in a timetable and
manner consistent with similar domestic bans is the right thing to do
for the environment and to avoid preferential treatment for products
manufactured outside the U.S. If this is not done, HCFC production and
dependence will be encouraged, more of these ozone depleting
refrigerants will be made outside the country and dependence on an
increased HCFC-22 supply would be needed to service this additional
equipment.  We recognize that HCFC-22 supply is likely to be constrained
relative to demand for the period 2015-2019 and agree with EPA efforts
to redirect users to alternatives, increased recovery and recycle and
improve stewardship practices.

The long delay in issuing the NPRM that finally appeared on December 23,
2008 has created a problem that EPA must address.  The original NPRM was
prepared in 2007 by EPA and the total review process for this proposal
was unfortunately far longer than anticipated.  The impact of the delay
of the NPRM was to eliminate the lead-time needed for manufacturers of
equipment using HCFC-22 to transition to other refrigerants.  We note
that some of the products using refrigerants, particularly air
conditioners, are seasonally produced and sold.  Manufacturers of such
equipment had anticipated an EPA rule that would allow sale of new
equipment charged before December 31, 2009 without regard for sale date.
 By banning sale of products containing HCFC-22 after December 31, 2009,
EPA will leave manufacturers of such equipment with large unsaleable
inventories of equipment.  Given the short time to react to this
unexpected redirection, we suggest EPA reconsider this option and opt
for allowing sell through of equipment produced and charged prior to
January 1, 2010 rather than limiting interstate commerce.  

During the January 7, 2009 public hearing a number of parties expressed
concern that the proposed regulation would leave manufacturers of air
conditioning equipment with large inventories of unsaleable equipment. 
Subsequent to the public hearing on the rule, EPA has indicated in a
“Fact Sheet” about the rule that sale of appliances manufactured
before 1/1/10 would be allowed thereafter, and that the agency
considered the term “appliances” to mean that the refrigerant loop
is completed and the appliance can function, holds the complete and
proper charge, and is read for us for its intended purpose.  From this
definition, we understand that pre-charged central air conditioning
systems manufactured before 1/1/10 could continue to be sold to
customers after 1/1/10.  We agree with this approach to deal with the
problem and urge EPA to clarify this point in the preamble and final
rule also.

EPA has chosen to ban commerce for products containing virgin HCFC-22
and HCFC-142b for equipment to be exported.  Honeywell feels that such a
ban would be detrimental to U.S. manufacturers, because purchasers of
such equipment, particularly in the developing world, are very price
sensitive.  We expect they would still obtain such equipment however  it
would be sourced from other countries.  If this occurred, there would be
no net global environmental benefit and it would damage U.S. businesses.
 We suggest EPA allow export to countries that allow continued use of
HCFC-22 in new equipment after January 1, 2010.

We understand EPA intended this proposed rule to address only
newly-produced HCFC refrigerants and that equipment produced after
January 1, 2010 would be allowed to be charged with recovered and
recycled HCFCs- a goal that we fully support.  This position would
encourage increasing the capture, recovery and recycling of used HCFCs. 
This objective is critical to assuring adequacy of service refrigerant
supply especially from 2015 onward.  However, we see great difficulty in
monitoring and enforcing this rule.  As a consequence, we expect that
this element of the proposed rule will create a loophole which will
encourage misrepresentation of new material as used.  Thus we recommend
EPA not allow continued use of used HCFC in equipment produced after
January 1, 2010.

In defining equipment, EPA has chosen in the NPRM to include pre-charged
components including line sets and TXV valves.  This position will
likely shorten the expected lifetime of already installed and operating
equipment which was purchased with the understanding it could be
serviced until 2020.  Service component parts are vital to allowing the
continued use of major installations such as commercial refrigeration
systems as well as residential cooling equipment.  We feel that these
service only pre-charged components should be clearly defined and
allowed to be replaced with newly manufactured components that contain
newly produced HCFCs in order to continue beneficial use and life of
previously installed equipment.  EPA should clearly define which
components will or will not be allowed to use HCFC-22 following January
1, 2010.

Once again, the “Fact Sheet” recently communicated by EPA addresses
the above concern in a way that Honeywell supports.  In that
communication it indicated that sale and distribution would also be
allowed for pre-charged appliance components that are manufactured
before January 1, 2010 and used for the purpose of servicing existing
(pre-2010) appliances.  This means that components such as condensing
units, line sets, and expansion valves that are charged with refrigerant
and completely manufactured before January 1, 2010, but not yet
installed in an appliance, could be sold and distributed for this
purpose. We urge EPA to clarify these points regarding components in the
preamble and final rule.

Thank you for the opportunity to provide comment on this NPRM.  Should
there be any questions or need for clarification, please contact me at  
HYPERLINK "mailto:steven.bernhardt@honeywell.com" 
steven.bernhardt@honeywell.com  or by phone at 973 455-6294.

Yours truly,

Steven H. Bernhardt, PhD

Global Director Regulatory Affairs

Honeywell Specialty Materials

 

Honeywell

P.O. Box 1053

Morristown, NJ  07962-1053

