 

  SEQ CHAPTER \h \r 1 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2009-0286; FRL-xxxx-x]	

RIN 2060-AP54

Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting

Substances – Hydrocarbon Refrigerants

AGENCY:  Environmental Protection Agency [EPA].

ACTION:  Proposed Rulemaking.

SUMMARY:  Pursuant to the U.S. Environmental Protection Agency’s
Significant New Alternatives Policy program, this action proposes to
list isobutane, propane, HCR-188C, and HCR-188C1 as “acceptable,
subject to use conditions,” as substitutes for chlorofluorocarbon
(CFC)-12, also referred to as R-12, CCl2F2 and dichlorodifluoromethane:
and hydrochlorofluorocarbon (HCFC)-22, also referred to as R-22, CHClF2,
chlorodifluoromethane and difluorochloromethane, in: household
refrigerators, freezers, and combination refrigerator and freezers and
commercial refrigeration (retail food refrigerators and freezers -
stand-alone units only).  

DATES: Comments must be received on or before [INSERT DATE 60 DAYS AFTER
PUBLICATION IN THE FEDERAL REGISTER], unless a public hearing is
requested.  Comments must then be received on or before [INSERT DATE 75
DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].   Any  party requesting
a public hearing must notify the contact listed below under FOR FURTHER
INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on [INSERT DATE 10
DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER.]  If a hearing is held,
it will take place on [INSERT 15 DAYS AFTER PUBLICATION] in Washington,
D.C. and further information will be provided on EPA’s Stratospheric
Ozone World Wide Web site at www.epa.gov/ozone/snap. 

ADDRESSES:  Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2009-0286, by one of the following methods:

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov . 
Follow the on-line instructions for submitting comments.

E-mail: A-And-R-Docket@epa.gov

Mail: Air and Radiation Docket, Environmental Protection Agency,
Mailcode 6102T, 1200 Pennsylvania Ave., NW, Washington, DC, 20460,
Attention Docket ID No. EPA-HQ-OAR-2009-0286.  

Hand Delivery:  EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301
Constitution Ave., NW, Washington, D.C., Attention Docket ID No.
EPA-HQ-OAR-2009-0286.  Such deliveries are only accepted during the
Docket’s normal hours of operation, and special arrangements should be
made for deliveries of boxed information.

     Instructions: Direct your comments to Docket ID No.
EPA-HQ-OAR-2009-0286.  EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at   HYPERLINK "http://www.regulations.gov" 
www.regulations.gov , including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.  Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov websites is an “anonymous access” system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment.  If you send an
e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.  For additional instructions on submitting comments, go to
Section I.B. of the SUPPLEMENTARY INFORMATION section of this document.

	Docket: All documents in the docket are listed in the   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  index.  Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically
in   HYPERLINK "http://www.regulations.gov"  www.regulations.gov  or in
hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave., NW, Washington, DC.  The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket is
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT:  Monica Shimamura, Stratospheric
Protection Division, Office of Atmospheric Programs, Mail Code 6205J,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington,
DC 20460; telephone number (202) 343-9337; fax number (202) 343-2362,
e-mail address:  shimamura.monica@epa.gov.  Notices and rulemakings
under EPA’s Significant New Alternatives Policy (SNAP) program are
available on EPA’s Stratospheric Ozone World Wide Web site at
www.epa.gov/ozone/snap/regs. 

SUPPLEMENTARY INFORMATION: 

	Table of Contents TOC \f 

I. 	General Information

A. 	Background

B.	Does this action apply to me?

CB. 	What should I consider as I prepare my comments for EPA?

DC.  	What acronyms and abbreviations are used in the preamble?

II. 	How does the Significant New Alternatives Policy (SNAP) program
work?

A. 	What are the statutory requirements and authority for the SNAP
program?

	B. 	What are EPA's regulation implementing section 612?

C.	How do the regulations for the SNAP program work?

	D. 	Where can I get additional information about the SNAP

program?

III.	What substitutes for ozone-depleting substances in what end-uses
are considered in this rule?

A.  	What is EPA proposing in this action?

B.  	What are isobutane, propane, HCR-188C and HCR-188C1?

C.  	What end-uses are included in our proposed decision?

D.  	What text is EPA using in these proposed listing decisions? Where
can I find the regulatory text for these proposed listing decisions?

E.	What does an acceptability determination with use conditions for
isobutane, propane, HCR-188C, and HCR-188C1 mean?

IV.	What criteria did EPA consider in preparing this proposal?

	A.	Impacts on the environment

	B. 	Flammability and fire safety

	C.	Toxicity 

V.	Why is EPA proposing these specifics use conditions?

	A.	New equipment only; not intended for use as a retrofit alternative

	B. 	Standards

C.	Charge size

D.	Color-coded hoses and piping

E. 	Labeling

F. 	Unique fittings

G. 	Small containers

VI.	What recommendations does EPA have for safe use of hydrocarbon
refrigerants? 

VII.	What other options did EPA consider?

 

VIII.	Statutory and Executive Order Reviews

Executive Order 12866:  Regulatory Planning and

		      Review 

Paperwork Reduction Act

Regulatory Flexibility Act (RFA)

Unfunded Mandates Reform Act

Executive Order 13132: Federalism

Executive Order 13175:  Consultation and Coordination with Indian Tribal
Governments

Executive Order 13045:  Protection of Children from Environmental Health
and Safety Risks 

Executive Order 13211:  Actions that Significantly Affect Energy Supply,
Distribution, or Use

National Technology Transfer and Advancement Act

Executive Order 12898: Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations

IX.	References

 I. 	General Information

 tc "I. 	General Information"   TC "I. 	General Information" \f A \l "1"
 

	A.	Background

This rule pertains to four hydrocarbon refrigerants: isobutane, propane
and HCR-188C and HCR-188C1. Globally, hydrocarbon refrigerants have been
in use for over 10 years including in countries such as Germany, the
United Kingdom, Australia, and Japan.  In Europe and Asia, equipment
manufactures have designed and tested household and commercial
refrigerators and freezers to account flammability and safety concerns
associated with using hydrocarbon refrigerants.  Due to the fact that
hydrocarbon refrigerants have zero ozone depletion potential (ODP) and
very low global warming potential (GWP), many companies are interested
in using hydrocarbon refrigerants in the United States (U.S.) as well.
In this action EPA has received four SNAP submissions for use of
hydrocarbon refrigerants in household refrigerators, freezers,
combination refrigerator and freezers and retail food refrigerators and
freezers (stand-alone only).  

B.	Does this action apply to me?  tc "	A. Does this action apply to me?
" \l 2 

	This notice of proposed rulemaking (NPRM) would regulate the use of
four alternative refrigerants used in: household refrigerators and
freezers and commercial refrigeration (retail food refrigeration –
stand-alone units only)..  Potentially entities that may wish to use
isobutane (R-600a), propane (R-290), HCR-188C, or HCR-188C1 in these
end-uses, include:

Table 1–Potentially Regulated Entities, by North American Industrial
Classification System (NAICS) Code or Subsector

Category	NAICS code or subsector	Description of regulated entities

Industry	333415	Manufactures of refrigerators, freezers, and other
refrigerating or freezing equipment, electric or other; heat pumps not
elsewhere specified or included (NESOI); and parts thereof

Industry	443111	Appliance Stores: Household-type

Industry	445120	Convenience Stores

Industry	445110	Supermarkets and Other Grocery (except Convenience)
Stores 

Industry	722211	Limited-Service Restaurants

Industry	238220		Plumbing, Heating, and Air Conditioning Contractors

Industry	811412	Appliance Repair and Maintenance 

Industry	541380	Environmental Testing Laboratories 

Industry	423620	Electrical and Electronic Appliance, Television, and
Radio Set Merchant Wholesalers

Industry	423740	Refrigeration Equipment and Supplies Merchant
Wholesalers



	This table is not intended to be exhaustive, but rather a guide
regarding entities likely to use the substitute whose use is regulated
by this action.  If you have any questions about whether this action
applies to a particular entity, consult the person listed in the
preceding section, “FOR FURTHER INFORMATION CONTACT.”

	CB. 	What should I consider as I prepare my comments for EPA?  tc "	B. 
What should I consider as I prepare my comments for EPA? " \l 2 

		1.	Submitting Confidential Business Information (CBI).  Do not submit
confidential information to EPA through www.regulations.gov or e-mail. 
Clearly mark the part or all of the information that you claim to be
CBI.  For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI.  In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket.  Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 Code of
Federal Regulations (CFR) Part 2.  

		2.	Tips for Preparing Your Comments.  

When submitting comments, remember to:

Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).

Follow directions - The agency may ask you to respond to specific
questions or organize comments by referencing a CFR part or section
number.

Explain why you agree or disagree; suggest alternatives and substitute
language for your requested changes.

Describe any assumptions and provide any technical information and/or
data that you used.

If you estimate potential costs or burdens, explain how you arrived at
your estimate in sufficient detail to allow for it to be reproduced.

Provide specific examples to illustrate your concerns, and suggest
alternatives.

Explain your views as clearly as possible, avoiding the use of profanity
or personal threats.

Make sure to submit your comments by the comment period deadline
identified.

    	DC.	What acronyms and abbreviations are used in the preamble?  tc
"C.  What acronyms and abbreviations are used in the preamble? " \l 2 

	Below is a list of acronyms and abbreviations used in the preamble of
this NPRM. 

ACH–air changes per hour

AEGL– cute Exposure Guideline Level

ASHRAE–American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc.

ANSI–American National Standards Institute

CAA –Clean Air Act

CAS Reg. No–Chemical Abstracts Service Registry Identification Number

CBI–Confidential Business Information

CFC–chlorofluorocarbon

cfm–cubic feet per minute

CFR–Code of Federal Regulations

EPA–the United States Environmental Protection Agency

FR–Federal Register

GWP–global warming potential

HC–hydrocarbon

HCFC–hydrochlorofluorocarbon

HFC–hydroflurocarbon

ICF–ICF International, Inc.

IDLH–Immediately dangerous to life or health

ICR–Information Collection Request

LFL–lower flammability limit

mg/l–milligrams per liter

MSDS–Material Safety Data Sheet

NAICS–North American Industrial Classification System

NIOSH–the U.S. National Institute for Occupational Safety and Health

NPRM–Notice of Proposed Rulemaking

OEM–original equipment manufacturer 

ODP–ozone depletion potential

ODS–ozone-depleting substance

OMB–the United States Office of Management and Budget

OSHA–the United States Occupational Safety and Health Administration

PELs –permissible exposure limits

ppm–parts per million

REL –Recommended exposure limit 

RFA–Regulatory Flexibility Act

RfC–reference concentration

SNAP–Significant New Alternatives Policy 

TSCA–Toxic Substances Control Act

TWA –time weighted average 

UL–Underwriters Laboratories Inc.

VOC–volatile organic compound

II.  	How does the Significant New Alternatives Policy (SNAP) program
work?

 tc "II.  	How does the Significant New Alternatives Policy (SNAP)
program work?" 

	A. 	What are the statutory requirements and authority for the SNAP
program?

Section 612 of the Clean Air Act (CAA) requires EPA to develop a program
for evaluating alternatives to ozone-depleting substances (ODS).  EPA
refers to this program as the Significant New Alternatives Policy (SNAP)
program.  The major provisions of section 612 are: 

Rulemaking

Section 612(c) requires EPA to promulgate rules making it unlawful to
replace any class I (i.e., chlorofluorocarbon, halon, carbon
tetrachloride, methyl chloroform, methyl bromide, and
hydrobromofluorocarbon) or class II (i.e., hydrochlorofluorocarbon)
substance with any substitute that the Administrator determines may
present adverse effects to human health or the environment where the
Administrator has identified an alternative that (1) reduces the overall
risk to human health and the environment, and (2) is currently or
potentially available.

Listing of Unacceptable/Acceptable Substitutes

Section 612(c) requires EPA to publish a list of the substitutes
unacceptable for specific uses and to publish a corresponding list of
acceptable alternatives for specific uses.  The list of acceptable
substitutes is found at http://www.epa.gov/Ozone/snap/lists/index.html
and the lists of “unacceptable”, “acceptable subject to use
conditions”, and “acceptable subject to narrowed use limits” is
found at 40 CFR part 82 subpart G. 

Petition Process

Section 612(d) grants the right to any person to petition EPA to add a
substance to, or delete a substance from, the lists published in
accordance with section 612(c).  The Agency has 90 days to grant or deny
a petition.  Where the Agency grants the petition, EPA must publish the
revised lists within an additional six months.

90-day Notification

Section 612(e) directs EPA to require any person who produces a chemical
substitute for a class I substance to notify the Agency not less than 90
days before new or existing chemicals are introduced into interstate
commerce for significant new uses as substitutes for a class I
substance.  The producer must also provide the Agency with the
producer's unpublished health and safety studies on such substitutes. 

Outreach

Section 612(b)(1) states that the Administrator shall seek to maximize
the use of federal research facilities and resources to assist users of
class I and II substances in identifying and developing alternatives to
the use of such substances in key commercial applications.

Clearinghouse

Section 612(b)(4) requires the Agency to set up a public clearinghouse
of alternative chemicals, product substitutes, and alternative
manufacturing processes that are available for products and
manufacturing processes which use class I and II substances.

B. 	What are EPA’s regulations implementing section 612?

On March 18, 1994, EPA published the original rulemaking (59 FR 13044)
which established the process for administering the SNAP program and
issued EPA's first lists identifying acceptable and unacceptable
substitutes in the major industrial use sectors (40 CFR part 82, subpart
G).  These sectors include: refrigeration and air conditioning; foam
blowing; cleaning solvents; fire suppression and explosion protection;
sterilants; aerosols; adhesives, coatings and inks; and tobacco
expansion.  These sectors compose the principal industrial sectors that
historically consumed the largest volumes of ODS.

	Section 612 of the CAA requires EPA to ensure that substitutes found
acceptable do not prevent a significantly greater risk to human health
and the environment as compared with other substitutes that are
currently or potentially available.  

	C.  	How do the regulations for the SNAP program work?

	Under the SNAP regulations, anyone who plans to market or produce a
substitute for class I or II ODS in one of the eight major industrial
use sectors must provide the Agency with health and safety studies on
the substitute at least 90 days before introducing it into interstate
commerce for significant new use as an alternative.  This requirement
applies to the person planning to introduce the substitute into
interstate commerce,, typically chemical manufacturers, but may also
include importers, formulators, equipment manufacturers, or end-users
when they are responsible for introducing a substitute into commerce. In
this proposed rule we are addressing SNAP submissions from three
companies interested in introducing into interstate commerce products
that contain hydrocarbon refrigerants.  

	The Agency has identified four possible decision categories for
substitutes: acceptable; acceptable subject to use conditions;
acceptable subject to narrowed use limits; and unacceptable.  Use
conditions and narrowed use limits are both considered “use
restrictions” and are explained below.  Substitutes that are deemed
acceptable with no use restrictions (no use conditions or narrowed use
limits) can be used for all applications within the relevant end-uses
within the sector.  Substitutes that are acceptable subject to use
restrictions may be used only in accordance with those restrictions.  It
is illegal to replace an ODS with a substitute listed as unacceptable,
unless certain exceptions (e.g. test marketing, research and
development) provided by the regulation are met.

	After reviewing a substitute, the Agency may make a determination that
a substitute is acceptable only if certain conditions in the way that
the substitute is used are met to minimize risks to human health and the
environment.  EPA describes such substitutes as "acceptable subject to
use conditions."  Entities that use these substitutes without meeting
the associated use conditions are in violation of section 612 of the
Clean Air Act.

	For some substitutes, the Agency may permit a narrowed range of use
within an end-use or sector.   For example, the Agency may limit the use
of a substitute to certain end-uses or specific applications within an
industry sector.  The Agency requires a user of a narrowed use
substitute to demonstrate that no other acceptable substitutes are
available for their specific application by conducting comprehensive
studies.  EPA describes these substitutes as “acceptable subject to
narrowed use limits.”  A person using a substitute that is acceptable
subject to narrowed use limits in applications and end-uses that are not
consistent with the narrowed use limit, are using these substitutes in
an unacceptable manner and are in violation of section 612 of the Clean
Air Act.

	The Agency publishes its SNAP program decisions in the Federal Register
(FR).  EPA publishes decisions concerning substitutes that are deemed
acceptable subject to use restrictions (use conditions and/or narrowed
use limits), or for substitutes deemed unacceptable, as proposed
rulemakings to allow the public opportunity to comment, before
publishing final decisions. 

	In contrast, EPA publishes substitutes that are deemed acceptable with
no restrictions in “notices of acceptability,” rather than as
proposed and final rules.  As described in the rule initially
implementing the SNAP program (59 FR 13044), EPA does not believe that
rulemaking procedures are necessary to list alternatives that are
acceptable without restrictions because such listings neither impose any
sanction nor prevent anyone from using a substitute.

	Many SNAP listings include “comments” or “further information”
to provide additional information on substitutes.  Since this additional
information is not part of the regulatory decision, these statements are
not binding for use of the substitute under the SNAP program.  However,
regulatory requirements so listed are binding under other regulatory
programs.  The “further information” classification does not
necessarily include all other legal obligations pertaining to the use of
the substitute.  While the items listed are not legally binding under
the SNAP program, EPA encourages users of substitutes to apply all
statements in the “further information” column in their use of these
substitutes.  In many instances, the information simply refers to sound
operating practices that have already been identified in existing
industry and/or building-codes or standards.  Thus, many of the
comments, if adopted, would not require the affected user to make
significant changes in existing operating practices.	

D.  	Where can I get additional information about the SNAP program?

	For copies of the comprehensive SNAP lists of substitutes or additional
information on

SNAP, refer to EPA’s Ozone Depletion web site at
www.epa.gov/ozone/snap/index.html.  For more information on the Agency's
process for administering the SNAP program or criteria for evaluation of
substitutes, refer to the SNAP final rulemaking published March 18, 1994
(59 FR 13044), codified at 40 CFR part 82, subpart G.  A complete
chronology of SNAP decisions and the appropriate citations are found at 
 HYPERLINK "http://www.epa.gov/ozone/snap/chron.html" 
http://www.epa.gov/ozone/snap/chron.html .

III.	What substitutes for ozone-depleting substances in what end-uses
are considered in this rule?

	A.	What is EPA proposing in this action?  tc "	A.  What is EPA
proposing today? " \l 2 

	In this action, EPA proposes to list the following:

(1) Isobutane, also referred to by the American Society of Heating,
Refrigerating and Air Conditioning Engineers (ASHRAE) refrigerant
designation R-600a, and the proprietary hydrocarbon blends HCR-188C and
HCR-188C1, as acceptable subject to use conditions as a substitute for
CFC-12 in household refrigerators, freezers, and combination
refrigerator and freezers.  EPA proposes the following use conditions: 

The quantity of the substitute refrigerant (i.e., “charge size”)
shall not exceed 57 grams (2.0 ounces) in any refrigerator, freezer, or
combination refrigerator and freezers; 

These refrigerants may be used only in new equipment designed
specifically and clearly identified for the refrigerant (i.e., none of
these substitutes may be used as a conversion or “retrofit”
refrigerant for existing equipment);

These refrigerants may be used only in refrigerators or freezers or
combination refrigerator and freezers that meet all requirements listed
in the 10th edition of Underwriters Laboratory (UL) Standard 250.  In
cases where the final rule includes requirements more stringent than
those of the 10th edition of UL Standard 250, the appliance must meet
the requirements of the final rule in place of the requirements in the
UL Standard;

The refrigerator, freezer, or combination refrigerator and freezer must
have red, Pantone Matching System (PMS) #185 marked pipes, hoses, or
other devices through which the refrigerant passes to indicate the use
of a flammable refrigerant.  This color must be applied at all service
ports and where service puncturing or otherwise creating an opening from
the refrigerant circuit to the atmosphere might be expected and must
extend a minimum of one (1) inch in both directions from such locations;

Similar to clauses SA6.1.1 to SA6.1.2 of UL standard 250, the following
markings, or the equivalent, shall be provided and shall be permanent: 

"DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  Do Not
Use Mechanical Devices To Defrost Refrigerator.  Do Not Puncture
Refrigerant Tubing."

"DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  Do Not
Use Mechanical Devices.  To Be Repaired Only By Trained Service
Personnel. Do Not Puncture Refrigerant Tubing."

“CAUTION - Risk of Fire or Explosion. Flammable Refrigerant Used.
Consult Repair Manual/Owner's Guide Before Attempting To Service This
Product. All Safety Precautions Must be Followed."

“CAUTION - Risk of Fire or Explosion. Dispose of Properly In
Accordance With Federal Or Local Regulations.  Flammable Refrigerant
Used."

“CAUTION - Risk of Fire or Explosion Due To Puncture Of Refrigerant
Tubing; Follow Handling Instructions Carefully.  Flammable Refrigerant
Used." 

The marking described in clause (a) above shall be permanently attached
on or near any evaporators that can be contacted by the consumer.  The
markings described in clauses (b) and (c) above shall be permanently
attached near the machine compartment. The markings described in clause
(d) above shall be permanently attached on the exterior of the
refrigerator.  The marking described in clause (e) above shall be
permanently attached near any and all exposed refrigerant tubing.  All
of these markings shall be in letters no less than 6.4 mm (1/4 inch)
high. 

Household refrigerators, freezers, and combination refrigerator and
freezers using these refrigerants must have service aperture fittings
that are colored red as described above in use condition number four and
which differ from fittings used in equipment or containers using
non-flammable refrigerant.  “Differ” means that either that the
diameter must differ by at least 1/16 inch or the thread direction must
be reversed (i.e., right handed vs. left handed). These different
fittings must be permanently affixed to the unit and may not be accessed
with an adaptor until the end-of-life of the unit;

These refrigerants may not be sold for use as a refrigerant in
containers designed to contain less than five (5) pounds (2.8 kglbs) of
refrigerant.

(2) Propane, R-290,, as acceptable subject to use conditions as a
substitute for CFC-12, R-502, or HCFC-22, in retail food refrigerators
and freezers:

The charge size for the retail food refrigerator or freezer using R-290
shall not exceed 150 grams (5.3 ounces); 

This refrigerant may be used only in new equipment specifically designed
and clearly identified for the refrigerant;

This substitute may only be used in equipment that meets all
requirements in the 9th edition of UL Standard 471.  In cases where the
final rule includes requirements more stringent than those of the 9th
edition of UL Standard 471, the appliance must meet the requirements of
the final rule in place of the requirements in the UL Standard;

The refrigerator or freezer must have red, Pantone Matching System (PMS)
#185 marked pipes, hoses, and other devices through which the
refrigerant passes to indicate the use of a flammable refrigerant.  This
color must be applied at all service ports and where service puncturing
or otherwise creating an opening from the refrigerant circuit to the
atmosphere might be expected, and must extend a minimum of one (1) inch
in both directions from such locations;

Similar to clauses SB6.1.2 to SB6.1.5 of UL Standard 471, the following
markings, or the equivalent, shall be provided and shall be permanent:  

“DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  Do
Not Use Mechanical Devices To Defrost Refrigerator.  Do Not Puncture
Refrigerant Tubing."

"DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  To Be
Repaired Only By Trained Service Personnel.  Do Not Puncture Refrigerant
Tubing."

“CAUTION - Risk of Fire or Explosion. Flammable Refrigerant Used.
Consult Repair Manual/Owner's Guide Before Attempting To Service This
Product. All Safety Precautions Must be Followed."

 “CAUTION - Risk of Fire or Explosion. Dispose of Property In
Accordance With Federal Or Local Regulations.  Flammable Refrigerant
Used."

 “CAUTION - Risk of Fire or Explosion Due To Puncture Of Refrigerant
Tubing; Follow Handling Instructions Carefully.  Flammable Refrigerant
Used."  This marking shall be provided near all exposed refrigerant
tubing.

The marking described in clause (a) above shall be permanently attached
or near any evaporators that can be contacted by the consumer.  The
markings described in clauses (b) and (c) above shall be located near
the machine compartment.  The marking described in clause (d) above
shall be permanently attached on the exterior of the refrigerator.  The
marking described in clause (e) above shall be permanently attached near
any and all exposed refrigerant tubing.  All of these markings shall be
in letters no less than 6.4 mm (1/4 inch) high.

Retail food refrigeration using R-290 must have fittings that are
colored red as described above in use condition number four and which
differ from fittings used in equipment or containers using non-flammable
refrigerant.  “Differ” means that either that the diameter must
differ by at least 1/16 inch or the thread direction must be reversed
(i.e., right handed vs. left handed). These fittings must be permanently
affixed to the unit, and may not be accessed with an adaptor, until the
end-of-life of the unit;

R-290 may not be sold as a refrigerant in containers containing less
than five (5) pounds (2.8 kglbs) of refrigerant.

 

	B.	What are isobutane, propane, HCR-188C, and HCR-188C1?

	Hydrocarbons are flammable organic compounds made up of hydrogen and
carbon.  Isobutane has four carbons while propane has three carbons. 
HCR-188C and HCR-188C1 are proprietary blends consisting of primarily or
exclusively of hydrocarbons.  The chemical formula for isobutane, also
called 2-methylpropane, is C4H10, also written as CH(CH3)2-CH3 to
distinguish it from butane.  Isobutane’s identification number in the
Chemical Abstracts Service’s registry (CAS Reg. No.) is 75-28-5.  The
chemical formula for propane is C3H8 and its CAS Reg. No. is 74-98-6. 
As refrigerants, propane and isobutane can be referred to by the ASHRAE
designations R-290 and R-600a, respectively.  

ANSI/ASHRAE Standard 34-2007 categorizes isobutane, propane, and
components of HCR-188C and HCR-188C1 in the A3 Safety Group.  ASHRAE’s
safety group classification consists of two alphanumeric characters
(e.g., A2 or B1).  The capital letter indicates the toxicity and the
numeral denotes the flammability.  ASHRAE classifies Class A
refrigerants as refrigerants for which toxicity has not been identified
at concentrations less than or equal to 400 ppm by volume, based on data
used to determine threshold limit value-time-weighted average (TLV-TWA)
or consistent indices.  Class B signifies refrigerants for which there
is evidence of toxicity at concentrations below 400 ppm by volume, based
on data used to determine TLV-TWA or consistent indices.  The
refrigerants are then assigned a flammability classification from one of
three classes – 1, 2, or 3 based on flammability.  Tests are conducted
in accordance with ASTM E681 using a spark ignition source (ASHRAE
2007).  Figure 1 in ANSI/ASHRAE Standard 15-2007 uses the same safety
group but limits its concentration to 3400 ppm. 

Figure 1. Refrigerant Safety Group Classification



Safety Group

Increasing Flammability

Increasing Toxicity



	C. 	What end-uses are included in our proposed decision?  tc "	C. 	What
industrial end uses are included in our proposed decision? " \l 2 	

Household refrigerators, freezers, and combination refrigerator and
freezers    TC "Solvent Cleaning" \f A \l "3"  

	Household refrigerators, freezers, and combination refrigerator and
freezers are intended primarily for residential use, although they may
be used outside the home. Household freezers only offer storage space at
freezing temperatures, unlike household refrigerators. Products with
both a refrigerator and freezer in a single unit are most common. In
this NPRM, EPA is limiting the scope of our acceptability decisions to
refrigerators and freezers and combination refrigerator and freezers
with a refrigerant charge of 57 grams (2.0 ounces) or less.

         2.	Retail Food Refrigeration  TC "Adhesives" \f A \l "3"  

	  HYPERLINK "http://epa.gov/ozone/snap/refrigerants/lists/foodref.html"
 Retail food refrigeration  includes the refrigeration systems,
including cold storage cases, designed to chill food or keep it at a
cold temperature for commercial sale.  For the purpose of this proposal
we are considering the use of hydrocarbons only in stand-alone
equipment.  A stand-alone appliance is one utilizing a sealed hermetic
compressor and for which all refrigerant-containing components,
including but not limited to the compressor, condenser and evaporator,
are assembled into a single piece of equipment before delivery to the
ultimate consumer or user, such equipment not requiring the addition or
removal of refrigerant when placed into initial operation.  Stand-alone
equipment is used to store chilled beverages or frozen products (e.g.,
reach-in beverage coolers and stand-alone ice cream cabinets).  This
proposed decision does not apply to large refrigeration systems such, as
but not limited to, direct expansion refrigeration systems typically
found in retail food stores.  We are proposing as a use condition that
stand-alone equipment using a hydrocarbon refrigerant have a refrigerant
charge less than 150 grams (5.3 ounces).  

D.	Where can I find the regulatory text for these proposed listing
decisions?What text is EPA using in these proposed listing decisions? 
TC "5.		Proposed Listings" \f A \l "3"  

	Our proposed decisions appear in a table at the end of the document and
if finalized will be codified at 40 CFR 82 subpart G. The proposed
regulatory text contains proposed listing decisions for the above
end-uses.  EPA is proposing to find isobutane, propane, HCR-188C, and
HCR-188C1 acceptable with use conditions.  We note that there may be
other legal obligations pertaining to the manufacture, use, handling,
and disposal of hydrocarbons that are not included in the information
listed in the tables (e.g., section 608 prohibition on venting
refrigerant or Department of Transport requirements for transport of
flammable gases).  Our proposed decisions are summarized at the end of
the document. 

E.  	What does an acceptability determination with use conditions for
isobutane, propane, HCR-188C, and HCR-188C1 mean?  tc "	D. How would the
proposed unacceptability determination on adhesives work? " \l 2 

	In this action, EPA is proposing to find isobutane, propane, HCR-188C,
and HCR-188C1 acceptable subject to use conditions as substitutes for
CFC-12, HCFC-22, and R-502 in certain refrigeration end-uses.  If this
proposal were to become final, it would be legal to use isobutane,
propane, HCR-188C, and HCR-188C1 in the specified types of equipment
under the conditions outlined above as a substitute for ozone-depleting
substances (ODS).  If this proposal became final, use in the specified
types of equipment that is not consistent with the use conditions would
be a violation of CAA section 612 and EPA’s implementing regulations. 

	EPA seeks comment regarding this proposal and, in particular, whether
the proposed use conditions are adequate to ensure the safe and
appropriate handling of hydrocarbon refrigerants.

IV.	What criteria did EPA consider in preparing this proposal? tc "IV.
What did EPA consider in preparing today’s proposal?"  

; (iv) Occupational risks; (v) Consumer risks; (vi) Flammability; and
(vii) Cost and availability of the substitute. 

.  These and other environmental risks are discussed below. In addition,
EPA has placed in the docket an analysis table comparing the four
substitutes being proposed in this action and several substitutes that
have been found acceptable in the refrigeration and air conditioning end
use. The flammability risks to public health are of concern because
household and retail food refrigerators and freezers have traditionally
used refrigerants that are not flammable.  Without mitigation, the risks
posed by these refrigerants would be higher than other non-flammable
refrigerants because individuals may not be aware that their actions
could potentially cause a fire, and existing equipment has not been
designed specifically to minimize flammable risks.  Therefore, EPA is
proposing use conditions to mitigate these risks to ensure that the
overall risk to human health and the environment posed by these four
substitutes is not greater than the overall risk posed by other
substitutes in the same end use. 

A.	Impacts on the ecosystemnvironment

	This section will include the substitutes’ impact on the environment
including ODP, GWP, and VOC. The ODP is the ratio of the impact on
stratospheric ozone of a chemical compared to the impact of an identical
mass of CFC-11.  Thus, the ODP of CFC-11 is defined to be one (1.0).
Other   HYPERLINK "http://epa.gov/ozone/defns.html" \l "cfc#cfc"  CFCs 
and   HYPERLINK "http://epa.gov/ozone/defns.html" \l "hcfc#hcfc"  HCFCs 
have ODPs that range from 0.01 to one (1.0).  All four refrigerant
substitutes in this proposal have an ODP of zero,, lower than the ODP of
the substances that they would replace: CFC-12 (ODP = 1.0); HCFC-22 (ODP
= 0.055); and R-502 (ODP = 0.334) (WMO, 2006).  The most commonly used
substitutes in these two end-uses also have an ODP of zero (e.g. R-404A,
R-134a, R-410A, R-407C).  

	The GWP index is a means of quantifying the potential integrated
climate forcing of various greenhouse gases relative to carbon dioxide. 
The 100-year integrated GWPs of isobutane, propane, HCR-188C, and
HCR-188C1 are estimated to be eight, three, less than five, and less
than five respectively, compared to a value of one for CO2 (WMO, 2006). 
These are significantly lower than the 100-year integrated GWPs of the
substances that they would be replacing: CFC-12 (GWP = 10,890); HCFC-22
(GWP = 1,810); and R-502 (GWP = 4,660) (WMO, 2006).  The GWPs for
hydrocarbons (including the four being reviewed here) are minimal and
are significantly lower than those of other acceptable refrigerants in
these end-uses (e.g. GWPs of R-134a, R-404A, R-407C, and R-410A are
about 1430, 3920, 1770, and 2090 respectively).  

	The greenhouse gas (GHG) impacts of these refrigerants also depend upon
the energy use by appliances, since the “indirect” GHG emissions
associated with electricity consumption typically exceed those from
refrigerants over the full lifecycle of refrigerant-containing products.
 (Citation: J. Sand, S. Fischer, and V. Baxter, “Energy and Global
Warming Impacts of HFC Refrigerants and Emerging Technologies,” 1997,
Oak Ridge National Lab)  If hydrocarbon-using appliances are less energy
efficient than the appliances they replace, then it is possible that
these appliances will result in higher lifecycle greenhouse gas
emissions even if refrigerant emissions are lower. Conversely, higher
energy efficiency of these appliances would lead to lower GHG emissions
than the reduction from refrigerants alone. We have not quantified the
full lifecycle GHG emissions associated with substituting traditional
ODS refrigerants with hydrocarbons but acknowledge that they also depend
on the appliance’s electricity consumption and the fuel used to
generate that electricity.

	B.	  TC "3.	Ecosystem and other environmental impacts" \f A \l "3" 
Flammability and fire safety  tc "		4.	Flammability and fire safety " \l
3 

 (ICF, May 22, 2009, May 26, 2009, July 17, 2009, and November 6, 2009).
 However as mentioned above, hydrocarbons refrigerants are flammable and
service and manufacture personnel or consumers are not familiar with
these refrigerator or freezer or combination refrigerators and freezers
containing a flammable refrigerant; therefore, use conditions are
necessary to create awareness of a flammable refrigerant and ensure safe
handling.  Detailed analysis of the modeling results are discussed below
in the “toxicity” section of the preamble.  EPA also reviewed the
submitters’ detailed assessments of the probability of events that
might create a fire and engineering approaches to avoid sparking from
the refrigeration equipment. 

	C.	Toxicity

	In evaluating potential human health impacts of isobutane, propane,
HCR-188C, and HCR-188C1, EPA considered impacts both on exposed
manufacture personnel, store employees, technicians herein defined as
“worker,” and on consumers.  EPA investigated the risk of
asphyxiation and of exposure to toxic levels of refrigerant for a
worst-case scenario and a typical use scenario for isobutane, propane,
HCR-188C, and HCR-188C1.  EPA believes that the use of any of these
hydrocarbons in the end-uses reviewed does not pose a significant risk
of asphyxiation or of exposure to toxic levels to workers or consumers. 

	EPA estimated the maximum time weighted average (TWA) exposure for each
exposure scenario and compared this value to relevant industry and
government exposure limits for isobutane, propane, HCR-188C, and
HCR-188C1 (including potential impurities in the substitutes).  The
modeling results indicate that both the short-term (15-minute and
30-minute) and long-term (8-hour) worker exposure concentrations at no
point are likely to exceed 2 percent (for isobutane), 50 percent (for
propane),  4 percent (for HCR-188C), or 2 percent (for HCR-188C1) of the
Occupational Safety and Health Administration (OSHA) permissible
exposure limit (PEL) and National Institute for Occupational Safety and
Health (NIOSH) recommended exposure limit (REL) of the component
refrigerants (for isobutane and propane) or the refrigerants components
for HCR-188C and HCR-188C1(ICF, 2009).

	EPA performed a consumer exposure analysis that examined potential
catastrophic release of the substitute under a reasonable worst-case
scenario.  Estimates for acute/short-term consumer exposures resulting
from catastrophic leakage of refrigerant from residential refrigerators
were examined.  The analysis was undertaken to determine the 15-minute
and 30-minute TWA exposure levels for the substitute, which were then
compared to the standard toxicity limits to assess the risk to
consumers.  However, the TWA values were conservative, as the analysis
did not consider opened windows, fans operating, conditioned airflow
(either heated or cooled), and other variables that would likely reduce
the levels to which individuals would be exposed.

This analysis assumed that 100 percent of the unit’s charge would be
released during a time span of one minute, at which time the
concentration of refrigerant would peak and then steadily decline. 
Refrigerant concentrations were modeled under two air change scenarios,
believed to represent the baseline of potential flow rates for a home,
assuming flow rates of 2.5 and 4.5 air changes per hour (ACH) (Sheldon
1989).  The highest concentrations of the refrigerant occur in the lower
stratum of the room when assuming lower ventilation levels of 2.5 ACH. 
Using a 2.5 ACH to calculate the TWA achieves a higher concentration
than using 4.5 ACH to calculate the TWA.  Because EPA lookeds at the
worst case scenario it was only necessary to evaluate the TWA values
using 2.5 ACH as 4.5 ACH TWA values would be in the acceptable range if
the 2.5ACH TWA values were within the acceptable range.  

OSHA (2004) states no toxic effects are reported with exposures to
isobutane below 18,000 ppm.  Even under the very conservative
assumptions used in the consumer exposure modeling, both the estimated
15-minute and 30-minute consumer exposures to isobutane (5,025 ppm and
3,844 ppm, respectively) are much lower than 18,000 ppm, and thus should
not pose a toxicity threat.

EPA also evaluated the same scenario with HCR-188C and HCR-188C1.  The
highest concentrations of HCR-188C and HCR-188C1 occur in the lower
stratum of the room when assuming lower ventilation levels of 2.5 ACH. 
Even under the conservative assumptions used in the consumer exposure
modeling, both the estimated 15-minute and 30-minute consumer exposure
levels of HCR-188C and HCR-188C1 are at least 50 percent lower than the
30-minute acute exposure guideline level (AEGL)-1 values for the
individual components of the blend and thus should not pose a toxicity
threat.                                                                 
                                                                  

To assess end-use exposures to propane, an Acute Exposure Guideline
Level (AEGL) was chosen as the most appropriate toxicological limit. 
This limit is an emergency guideline for exposures to the general
population (including susceptible populations) and is not time-weighted;
it also considers the chemical’s flammability in addition to its
toxicity.  A time-weighted limit was deemed inappropriate for this
scenario because, due to the nature of a time-weighted calculation.  As
TWA are exposure concentrations averaged over a normal eight (8) hour
work-day, it could allow a room occupant to be exposed to levels higher
than the limit for a brief period of time.  This is a concern for
propane due to its flammability, as a higher exposure could approach the
chemical’s lower flammability limit (LFL - propane has an LFL of
21,000 ppm).  

The EPA develops a set of AEGL values for a chemical for five exposure
periods (10 and 30 minutes, 1 hour, 4 hours and 8 hours).  For each
exposure period, three different AEGL values are developed to address
different levels of toxicological impacts.   Of relevance for the
modeled scenario is the AEGL-1 (10,000 ppm), which is defined as: “the
airborne concentration, expressed as parts per million or milligrams per
cubic meter (ppm or mg/m3) of a substance above which it is predicted
that the general population, including susceptible individuals, could
experience notable discomfort, irritation, or certain asymptomatic
nonsensory effects.  However, the effects are not disabling and are
transient and reversible upon cessation of exposure.”  While permanent
toxicological effects are not expected up to the AEGL-2 value (17,000
ppm for propane), this limit is not relevant for this analysis because
at that level, flammability would be a greater concern.

V.	Why is EPA proposing these specific use conditions?  tc "C.	What 
proposals is EPA making for each sector or end use based on these
criteria? " \l 2 

	EPA is proposing to find isobutane, HCR-188C, and HCR-188C1 acceptable
with use conditions in new household refrigerators and freezers and
combination refrigerator and freezers (with a charge of 57 grams (2.0
ounces) or less) and propane acceptable with use conditions in
stand-alone retail food refrigerators and freezers (with a charge of 150
grams (5.3 ounces) or less) that are designed and manufactured
specifically to use these alternatives.  The proposed listings with the
specific use conditions are intended to allow for the use of isobutane,
propane, HCR-188C, and HCR-188C1 where the current evidence shows that
they can be used safely within specified parameters.  We also seek
comment on the proposed listing as well as the specific use conditions
discussed below.  

	New equipment only; not intended for use as a retrofit alternative

EPA is proposing that the four refrigerants considered in this proposal
must be used only in new equipment that has been designed and
manufactured specifically for use with the listed alternative
refrigerant, as follows:

Isobutane - household refrigerators, freezers, and combination
refrigerator and 

			freezers 

Propane – retail food refrigeration (stand-alone only)

HCR-188C – household refrigerators and freezers and combination
refrigerator

and freezers	

HCR-188C1 – household refrigerators and freezers and combination
refrigerator

			and freezers	

The four refrigerants were not submitted under the SNAP program to be
used in retrofitted equipment.  Existing equipment designed for other
refrigerants may not be converted or retrofitted to use any of these
four hydrocarbon refrigerants.  These substitutes may be used only in
new equipment that is designed to address concerns unique to flammable
refrigerants.  

	Standards

EPA is proposing the refrigerants may be used only in equipment that
meets all requirements in UL Standard 250 10th edition (for isobutane,
HCR-188C, and HCR-188C1 in household refrigerators and freezers) or UL
471 9th edition (for propane in retail food equipment specifically in
stand-alone refrigeration and freezers).   UL has tested equipment for
flammability risk in both household and retail food refrigeration. 
Further, UL has developed acceptable safety standards including
requirements for construction, for markings, and for performance tests
concerning refrigerant leakage, ignition of switching components,
surface temperature of parts, and component strength after being
scratched.  

	Charge size

EPA is proposing a limitation on charge size for refrigerators and
freezers that reflects the UL 250 and UL 471 standards.  EPA is
proposing a charge size not to exceed 57grams (2.0 ounces) for household
refrigerators and freezers and 150 grams (5.3 ounces) for retail food
refrigeration in stand-alone units.  To place this in comparison, EPA
estimates the charge size of a disposable lighter is equal to 30 grams
(1.1 ounce). Therefore we estimate that charge size of household
refrigerators and freezers are equivalent to approximately two
disposable lighters while retail stand-alone refrigerators and freezers
are equivalent to approximately five disposable lighters or less. In
comparison, the household refrigerator and freezer and retail food
refrigerator charge size is significantly less than refillable butane
lighter fluid which contains 340 grams (12 ounces). The refrigerant
charge is smaller than the disposable propane fuel cylinders used for
camping which contains 468 grams (16.4 ounces).

The UL 250 standard limits the amount of refrigerant that may leak to 50
grams (1.8 ounces).  EPA selected 57 grams (2.0 ounces) to allow for up
to 7 grams (0.2 ounces) of refrigerant charge that might be solubilized
in the oil (and assumed not to not leak or immediately vaporize with the
refrigerant in the case of a leak).  UL standard 471 limits the amount
leaked to 150 grams (5.3 ounces).  Furthermore, the charge size limit
for propane (for retail food refrigeration) is in line with the IEC
60335-2-89 standard for commercial appliances, which has a charge size
limit of 150 grams (5.3 ounces).  EPA did not include an additional
7grams (0.2 ounces) of refrigerant that would be solubilized in the oil
as we did in the household refrigerator and freezers end use.  This is
because 157 grams (5.5 ounces) would be over the international charge
size standard for retail food refrigeration.  As the international
household refrigerator and freezers standard’s charge size limit is
150 grams (5.3 ounces) larger than UL 250 standard, EPA’s suggested
charge size for household refrigerator and freezers would be well below
the international charge size limit.  EPA is taking comment on the
charge size limit on both the household refrigerator and freezers and
retail food refrigeration end use. 

	Color-coded hoses and piping

EPA proposes that equipment must have distinguishing color-coded hoses
and piping to indicate use of a flammable refrigerant.  This will help
technicians immediately identify the use of a flammable refrigerant,
thereby potentially reducing the risk of using sparking equipment or
otherwise having an ignition source nearby.  The air conditioning and
refrigeration industry currently uses distinguishing colors as means for
identifying different refrigerants.  Likewise, distinguishing coloring
has been used elsewhere to indicate an unusual and potentially dangerous
situation, for example in the use of orange-insulated wires in hybrid
electric vehicles.  EPA is proposing that all such refrigerator tubing
be colored red Pantone Matching System (PMS) #185 to match the red band
displayed on the container of flammable refrigerants under the Air
Conditioning, Heating and Refrigeration Institute (AHRI) Guideline
“N” 2008, “2008 Guideline for Assignment of Refrigerant Container
Colors.”  EPA believes that one color is sufficient for both household
refrigerator and freezers and retail food refrigeration (stand-alone
units) to indicate the equipment contains a flammable refrigerant.  

EPA wants to ensure that there is no doubt that a flammable refrigerant
is being used within the equipment or appliance.  Currently, no industry
standard exists for color-coded hoses or pipes for isobutane, propane,
HCR-188C, or HCR-188C1.  EPA is taking comment on the potential
development of an industry-wide standard for hoses and pipes for
flammable refrigerants.  

One mechanism to distinguish hoses and pipes that EPA would find
acceptable is to add a colored plastic sleeve or cap to the service
tube.  The colored plastic sleeve or cap would have to be forcibly
removed in order to access the service tube.  This would signal to the
technician that the refrigeration circuit that she/he was about to
access contained a flammable refrigerant, even if all warning labels
were somehow removed.  This sleeve could be boldly marked with a
specific color or graphic to indicate the refrigerant was flammable. 
This could be a cost-effective means as an alternative to painting or
dying the hose or pipe.  EPA is taking comment on this mechanism of
distinguishing the pipe and hose by adding a colored plastic sleeve or
cap to the pipe or hose.

EPA is particularly concerned with ensuring adequate and proper
notification for servicing and disposal of appliances containing
flammable refrigerants.  EPA believes the use of color-coded hoses, as
well as the use of warning labels and unique fittings discussed below,
would be reasonable and would be consistent with other general industry
practices.  EPA requests comment on whether such color coding would
provide, in combination with other proposed use conditions, adequate
warning of the use of a flammable refrigerant and, if so, whether such
color-coding should be required for all tubing or just some, e.g.,
around service ports. 

Labeling 

As a use condition, EPA is proposing to require labeling of household
and retail refrigerators and freezers.  EPA is proposing the warning
labels on the equipment contain letters at least ¼ inch high.  The
label must be permanently affixed to the refrigerator until the
refrigerator’s end of life.  Warning label language for household
refrigerators and freezers is found in UL 250 as SA6.1 and for
commercial refrigerators and freezers in UL 471 as SB6.1.  

	EPA believes that it would be difficult to see the warning labels with
UL 250 and 471’s minimum lettering height requirement of 1/8 inch. 
Therefore, EPA is proposing the minimum height must be 1/4 inch as
opposed to 1/8 inch for lettering, which will make it easier for
technicians, consumers, retail storeowners, and emergency first
responders to view the warning labels.  EPA is requesting comment on
requiring labeling, the height of the lettering, whether specific colors
or symbols are also needed, and the likelihood of labels remaining on a
product throughout the lifecycle of the product, including its disposal.
  

Unique fittings

 EPA is proposing that household and retail refrigerators and freezers
using these refrigerants must have fittings unique to flammable
refrigerants (with unique color and unique thread direction or fitting
diameter to the refrigerant).  Instead of having separate fittings for
each type of flammable refrigerant, EPA believes one unique fitting for
all flammable refrigerants is sufficient.  We believe that using
flammable refrigerants with a unique set of fittings will prevent the
accidental mixing of flammable and non-flammable refrigerants.  These
fittings (male or female, as appropriate) are attachment points on the
equipment itself, on all recovery equipment, on charging equipment, and
on all refrigerant containers.  Unique fittings are defined in 64 FR
22983, April 28, 1999 as: “For screw-on-fittings, “differ” means
that either the diameter must differ by at least 1/16 inch or the thread
direction must be reversed (i.e., right handed vs. left handed). Simply
changing the thread pitch is not sufficient.  For quick-connect
fittings, “differ” means that a person using normal force and normal
tools (including wrenches) must not be able to cross-connect
fittings.”

EPA believes that service ports are necessary to facilitate recovery of
refrigerant during service or disposal of appliances.  EPA notes that
service apertures on small appliances using class I and class II
substances is required by the CAA section 608 (b)(2).  Service ports
allow for the proper recovery of refrigerant during service or disposal
of refrigerators and freezers because service ports act as an access
point for recovery equipment.  As required by 40 CFR 82.154 (a)(1), no
refrigerant may be knowingly vented.  Therefore, prior to disposal of
the equipment all refrigerants must be recovered.  Without the service
port on the equipment, there is no mechanism to recover the refrigerant
without cutting into the refrigerant lines.  

In addition, EPA is requiring that flammable refrigerant fittings must
be designed to mechanically prevent cross-charging with another
non-flammable refrigerant.  EPA believes that it is likely that
technicians servicing hydrocarbon appliances will also service
appliances containing CFC, HCFC, and HFC refrigerants.  The multitude of
refrigerants could lead to unintentional mixing of recovered refrigerant
resulting in emissions of contaminated refrigerant that might not be
able to be economically separated and/or reclaimed.  EPA believes that
unique fittings will aid in the prevention of such contamination that
might prevent recycling and reclamation of otherwise useful
non-flammable refrigerant.  This is especially important as the HCFC
allocation rule becomes effective on January 1, 2010, it is expected the
supply of HCFC-22 will become limited during the middle of the coming
decade.  Recycling and reclamation of HCFC-22 will be necessary to
maintain an ample supply of HCFC-22.  

Traditionally the refrigeration industry has not used unique fittings;
however, it has been required in the motor vehicle air conditioning
industry since June 13, 1995 (60 FR 31096).  For further clarification
please refer to April 28, 1999 (64 FR 22983) where EPA defined
uniqueness of fittings for motor vehicle air conditioners using
substitutes under SNAP.  EPA believes that the use of unique fittings in
stationary refrigeration and air conditioning are appropriate for
flammable refrigerants.  Unique fittings would help maintain the
separation of flammable refrigerants from equipment designed for
non-flammable refrigerants because the equipment for charging flammable
refrigerants would not be able to be used on other equipment.  This
should reduce the risk of fire by ensuring that flammable refrigerants
are used only in equipment designed for flammable refrigerants.  In
addition, the use of unique fittings can help in identifying the
refrigerant being used and reducing the likelihood that flammable
refrigerant might contaminate supplies of recovered nonflammable
refrigerant containing CFCs, HCFCs, or HFCs.  

  EPA is also requesting comment on the applicability of the ANSI/ASHRAE
34-2007 standard for flammability and whether these use conditions are
appropriate to ensure safety. 

	Small containers

EPA is proposing that these four refrigerants may not be sold for use in
the listed end uses as a refrigerant in containers in quantities of less
than five (5) pounds (2.8 kglbs).  This restriction would ban the sale
of small canisters of refrigerant-grade hydrocarbons.  The purpose of
this proposal is to prevent purchase by untrained people who would not
have the appropriate skills or equipment to properly recover or charge
the refrigerant.  Larger containers of flammable refrigerant would also
typically be purchased by technicians rather than untrained people
because the larger amount of refrigerant would be less useful to
individual users, who would typically need only a small amount, and the
larger quantity could be cost prohibitive to individual users. 
Therefore this would reduce the possibility that untrained people would
handle the flammable refrigerant, accidentally add flammable
refrigerants to a CFC, HCFC, or HFC refrigerant, or would incorrectly
dispose of the containers.  

Contaminating a CFC, HCFC, or HFC refrigerant will cause the refrigerant
to be potentially unusable.  Mixing of refrigerants is counter to
overall Title VI implementation.  Consequently, the wasted refrigerant
would have to be disposed of properly rather than reused, potentially
further limiting the tight supply of HCFC-22 in the coming decade.  The
SNAP program, together with other Title VI regulations, seeks to ensure
a smooth transition as we continue to phase out ODS, including HCFC-22. 
In addition to contaminating the refrigerant, an untrained person could
potentially add a flammable refrigerant to equipment that is not
designed for flammable refrigerant and, as a result, damage the
equipment or appliance or create a fire hazard.  To prevent refrigerant
contamination, addition of the incorrect refrigerant, or incorrect
disposal of canisters and to avoid the risk of explosions or fire, EPA
proposes a use condition prohibiting small containers of isobutane,
propane, HCR-188C, and HCR-188C1, i.e., containers of less than five (5)
lbs (2.8 kg).  EPA is seeking comment on this restriction on small
canisters of refrigerant grade hydrocarbons such as R-600a, R-290,
HCR-188C, and HCR-188C1. EPA is also requesting comment on the potential
cost of the containers of hydrocarbon refrigerant and if the cost of
such containers of hydrocarbon refrigerants would be different from the
current cost of a similar quantity of propane or isobutane currently
sold for other purposes.  

VI. 	What recommendations does EPA have for safe use of hydrocarbon
refrigerants?

EPA proposes to recommend that only technicians specifically trained in
handling flammable refrigerants service or dispose of refrigerators and
freezers containing these refrigerants.  Technicians must know how to
minimize the risk of fire and the procedures for using flammable
refrigerants safely.  Releases of large quantities of refrigerant during
servicing and manufacturing, especially in areas where large amounts of
refrigerant are stored, could cause an explosion if an ignition source
exists nearby.  For these reasons, it is important that only properly
trained technicians handle flammable refrigerants when servicing or
disposing of household and retail food refrigerators and freezers.  

regulation test bank provided to organizations that administer the
certification exams in accordance with (at 40 CFR 82.161) to
specifically address flammable refrigerants.  EPA requests any
information on an industry-wide flammable refrigerant training program,
whether such a program is under development, the burden on the
technicians to take an industry wide safety training, and the timeline
likely needed to develop such a program in order to begin training a
nation-wide fleet of technicians. 

VII. 	What other options did EPA consider?

EPA considered several different options in preparing this proposed
rule.  Although EPA is not proposing these options, which are discussed
below, we seek comment on them. 

	EPA considered allowing isobutane and propane as a refrigerant for use
only in the original equipment manufacturers’ (OEM) specific
appliances, described in a SNAP application.  The reason for such a
limitation is the concern that equipment from other manufacturers would
not be designed with spark-proof engineering as prescribed by the
submitter, nor would the manufacturers be able to develop recovery
equipment compatible with flammable refrigerants.  

	Limiting use to SNAP reviewed equipment would be time consuming and
costly for all parties involved.  EPA would have to consider each
refrigerator and freezer model for both household and retail separately.
 This would increase the burden on industry, with little added benefit
for health and safety, since the engineering of such equipment and the
requirements needed to meet a national safety standard are already
rigorous.  For all these reasons, this might inadvertently discourage
the use of hydrocarbon as a refrigerant, reducing the potential
environmental benefits.  Although there is the potential that some OEMs
might not develop proper equipment, EPA believes that the potential
liability associated with selling equipment not designed to safely use
these refrigerants should ensure that this does not occur.  Therefore,
EPA decided to not propose to limit use to equipment reviewed by EPA
through the SNAP program.  

	EPA also considered a specific use condition requiring “spark
proof” circuits in the design of equipment using hydrocarbon
refrigerants.  EPA believes it would be unnecessary to further require
“spark proof circuits” as a use condition because UL 250 and UL 471
already require strict standards, to prevent fire or explosion, which
must be met in order to obtain certification.  We believe that all OEMs
will also take into account flammability risks when designing the
appliance to meet the charge size requirement.

	EPA also considered proposing as a use condition that recovery
equipment used to recapture these refrigerants must be able to handle
flammable refrigerants.  In accordance with CAA Section 608 regulations,
refrigerant cannot be vented to the atmosphere and instead must be
recaptured and recycled, reclaimed if possible, or disposed of in
accordance with federal and state regulations.  For safety concerns,
recovery equipment appropriate for flammable refrigerants will be
needed.  EPA seeks data on whether there currently is an industry
standard for recovery units for flammable refrigerants and whether there
are available specific recovery units that are compatible with
isobutane, propane, HCR-188C, and HCR-188C1.  At this time, EPA is
unaware of any recovery units that are designed specifically for
hydrocarbons and which are readily available in the U.S.  EPA did not
propose that recovery equipment used to recapture hydrocarbon
refrigerants because this is better addressed under Section 608. 

	Under Section 608 of the CAA, venting of hydrocarbons for household
refrigerators and freezers and retail food refrigeration (stand-alone
refrigerators and freezers) could be allowed if EPA determines that such
venting, releasing, or disposing of such substance does not pose a
threat to the environment.  EPA is not proposing such a determination in
this rule making, but requests comment on whether hydrocarbon
refrigerants should be exempted from the Section 608 venting
prohibition.  As appropriate, EPA would address these issues in a
separate 

	EPA also considered other approaches such as:

Requiring only one use condition for each refrigerant; to meet the  UL
250 or 471 standards;

Finding hydrocarbon refrigerants unacceptable until an industry-wide
standard exists for servicing refrigerator using hydrocarbon
refrigerant;

EPA is taking comment on the above alternate approaches.  

VIII.	Statutory and Executive Order Reviews

 tc "Statutory and Executive Order Reviews" 

	Under Executive Order (EO) 12866   SEQ CHAPTER \h \r 1 (58 FR 51735,
October 4, 1993), this action is a "significant regulatory action.” 
It raises novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in the Executive
Order.   SEQ CHAPTER \h \r 1  Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under EO 12866 and
any changes made in response to OMB recommendations have been documented
in the docket for this action.

	Paperwork Reduction Act

	This action does not impose any new information collection burden. 
This proposed rule is an Agency determination.  It contains no new
requirements for reporting.  The only new recordkeeping requirement
involves customary business practice.  The Office of Management and
Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations in subpart G of 40
CFR part 82 under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-0226 (EPA
ICR No. 1596.05).  This Information Collection Request (ICR) included
five types of respondent reporting and recordkeeping activities pursuant
to SNAP regulations: submission of a SNAP petition, filing a SNAP/TSCA
Addendum, notification for test marketing activity, recordkeeping for
substitutes acceptable subject to use restrictions, and recordkeeping
for small volume uses.  The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9 and 48 CFR Chapter 15.C.  

	Regulatory Flexibility Act (RFA)

	The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small
governmental jurisdictions.  For purposes of assessing the impacts of
this rule on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.

	After considering the economic impacts of this proposed rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.  The
requirements of this proposed rule impact household and commercial
refrigerator and freezer manufacturers.  This rule indirectly affects
users, technician testing organizations, and technicians.  Today’s
action, if finalized, would allow users the additional options of using
isobutane, propane, HCR-188C, and HCR-188C1.  Because isobutane,
propane, HCR-188C and HCR-188C1 refrigeration systems are not
manufactured yet, no change in business practice would be required to
meet the use conditions and thus the rule would not impose any new costs
on small entities if finalized as proposed.  EPA continues to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.  

	D.	Unfunded Mandates Reform Act

	This action contains no Federal mandates under the provisions of Title
II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538
for State, local, or tribal governments or the private sector.  This
action imposes no enforceable duty on any State, local, or tribal
governments or the private sector. 

	The enforceable requirements of this proposed rule related to
integrating risk mitigation devices, markings, and procedures for
maintaining safety of household refrigerators, freezers, and combination
refrigerator and freezers systems using hydrocarbon refrigerants affect
only small number of manufacturers of household and commercial
refrigerators, freezers, and combination refrigerator and freezers and
their technicians.  This proposal provides additional refrigerant
options, allowing greater flexibility for industry in designing consumer
products.  Further, equipment using hydrocarbon refrigerants is not yet
being produced in the U.S. therefore we do not expect impacts on
existing users.  Thus, this rule is not subject to the requirements of
sections 202 and 205 of the UMRA.  This action is also not subject to
the requirements of section 203 of UMRA because it contains no
regulatory requirements that might significantly or uniquely affect
small governments.  This regulation applies directly to facilities that
use these substances and not to governmental entities.  The
acceptability with use conditions of isobutane, propane, HCR-188C, and
HCR-188C1 does not impact the private sector because manufacturers are
not producing systems under the current regulation.  This proposed rule
does not mandate a switch to these substitutes; consequently, there is
no direct economic impact on entities from this rulemaking.

	E.	Executive Order 13132: Federalism

	This action does not have federalism implications.  It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.  This regulation applies directly to
facilities that use these substances and not to governmental entities. 
Thus, Executive Order 13132 does not apply to this action.  In the
spirit of Executive Order 13132, and consistent with EPA policy to
promote communications between EPA and State and local governments, EPA
specifically solicits comments on this proposed action from State and
local officials. 

	F.	Executive Order 13175:  Consultation and Coordination with Indian
Tribal Governments 	

	This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000).  It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the distribution
of power and responsibilities between the Federal government and Indian
tribes, as specified in Executive Order 13175.  EPA specifically
solicits additional comment on this proposed action from tribal
officials. 

Executive Order 13045:  Protection of Children from Environmental Health
and Safety Risks 

	This action is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997)  because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate risk
to children.  This proposed rule provides both regulatory restrictions
and recommended guidelines based upon risk screens conducted in order to
reduce risk of fire and explosion.  The public is invite to submit
comments or identify peer-reviewed studies and data that assess effects,
of early life exposure to the refrigerant addressed in this action. 

	H. 	Executive Order 13211:  Actions that Significantly Affect Energy
Supply, Distribution, or Use

	This action is not a “significant energy action” as defined in
Executive Order 13211, (66 FR 28355 (May 22, 2001)) because it is not
likely to have a significant adverse effect on the supply, distribution,
or use of energy.  Preliminary information indicates that these new
systems may be more energy efficient than currently available systems in
some climates.  Further, we have concluded that this rule is not likely
to have any adverse energy effects.

	I.	National Technology Transfer and Advancement Act

	Section 12(d) of the National Technology Transfer and Advancement Act
of 1995 ("NTTAA"), Pub L. No. 104-113, (15 U.S.C. 272 note) directs EPA
to use voluntary consensus standards in its regulatory activities unless
to do so would be inconsistent with applicable law or otherwise
impractical.  Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary consensus
standards bodies.  The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. 

	This proposed rule involves technical standards.  EPA proposes to use
the Underwriters Laboratory (UL) standard 250 and 471, which was revised
to include requirements for safety and reliability for flammable
refrigerants.  This proposed rule regulates the safety and deployment of
new substitutes for household and commercial refrigerators and freezers.

	EPA welcomes comment on this aspect of the proposed rulemaking and,
specifically invites the public to identify potentially applicable
voluntary consensus standards and to explain why such standards should
be used in this regulation.

J.	Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations.

	Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice.  Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.  

		EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or
low-income population.  This proposed rule would provide refrigerant
substitutes that have no ODP and low GWP.  The reduction in ODS and GWP
emissions would assist in restoring the stratospheric ozone layer and
provide climate benefits.  

 IX.		References tc "X.	References"  

	The documents below are referenced in the preamble.  All documents are
located in the Air Docket at the address listed in Section I.B.1 at the
beginning of this document.  Unless specified otherwise, all documents
are available electronically through the Federal Docket Management
System, Docket # EPA-HQ-OAR-2009-0286.  Numbers listed after the
reference indicates the docket and item numbers.

ACGIH. 1991.  Propane. In: Documentation of the threshold limit values
and biological exposure

indices. 6th ed. Cincinnati, OH: American Conference of Governmental
Industrial Hygienists, pp. 1286-1287. 

ASHRAE. 2007. “Standard 34-2007 (Supersedes ANSI/ASHRAE Standard
34-2004)

 	Designation and Safety Classification of Refrigerants.”

Braker W, Mossman AL. 1980. Matheson gas data book. 6th ed. Secaucus,
NJ: Matheson Gas

	Products, pp. 615-623. 

EPA 1994.  Significant New Alternatives Policy Technical Background
Document:  Risk Screen

 on the Use of Substitutes for Class I Ozone-Depleting Substances:
Refrigeration and Air Conditioning.  Stratospheric Protection Division. 
March, 1994.

ICF, 2009.  ICF Consulting.  “Significant New Alternatives Policy
Program Refrigeration and Air Conditioning Sector – Risk Screen on
Substitutes for CFC-12 in Household Refrigerators and Household Freezers
– Substitute: Isobutane”, May 22, 2009.

ICF, 2009.  ICF Consulting.  “Significant New Alternatives Policy
Program Refrigeration and Air Conditioning Sector – Risk Screen on
Substitutes for CFC-12, HCFC-22 and R502 in Retail Food Refrigeration
– Substitute: Propane”, May 26, 2009.

ICF, 2009.  ICF Consulting.  “Significant New Alternatives Policy
Program in the Household Refrigeration Sector – Risk Screen on
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators, Household
Freezers and Window AC Units – Substitute: HCR-188C”, July 17, 2009.

ICF, 2009.  ICF Consulting.  “Significant New Alternatives Policy
Program in the Household Refrigeration Sector – Risk Screen on
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and
Freezers– Substitute: HCR-188C1”, November 6, 2009

NIOSH. 1996.  Propane: IDLH Documentation.  August 1996.  Accessed 17
February 2009.  

	Available online at: < http://www.cdc.gov/niosh/idlh/74986.html>.

OSHA. 2004.  “Safety and Health Topics: Isobutane.”  February 2004. 
Available online at:

 <http://www.osha.gov/dts/chemicalsampling/data/CH_247840.html>.

Sheldon, L.S., et al.  1989. "An Investigation of Infiltration and
Indoor Air Quality."  New York 

State Energy Research & Development Authority, Report 90-11.

Protection of Stratospheric Ozone:  Listing of Substitutes for
Ozone-Depleting

Substances– Hydrocarbon refrigerants

Notice of Proposed Rulemaking

List of Subjects in 40 CFR
Pa瑲㠠ല湅楶潲浮湥慴⁬牰瑯捥楴湯‬摁業楮瑳慲楴敶
瀠慲瑣捩⁥湡⁤牰捯摥牵ⱥ䄠物瀠汯畬楴湯挠湯牴汯‬
敲潰瑲湩⁧湡⁤敲潣摲敫灥湩⁧敲畱物浥湥獴഍慐敧
漠⁦–䅐䕇䕒⽆攠摮漠⁦潤畣敭瑮ᔠ㠵瀠条獥഍慄整㩤
†彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟ൟ
഍彟彟彟彟彟彟彟彟___________________________________

Lisa P. Jackson, 

Administrator.

	

For the reasons set out in the preamble, 40 CFR part 82 is proposed to
be amended as follows:

PART 82 - PROTECTION OF STRATOSPHERIC OZONE

1.	The authority citation for Part 82 continues to read as follows:

Authority:  42 U.S.C. 7414, 7601, 7671 - 7671q.

Subpart G – Significant New Alternatives Policy Program

2.	Subpart G is amended by adding Appendix R to read as follows:

*****

Appendix R to Subpart G - Substitutes Subject to Use Restrictions and
Unacceptable Substitutes

Listed in the [publication date of final rule] final rule. Effective
(date of effective date of the final rule)



SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS

	Substitute	Decision	Use Conditions	Further Information

Household refrigerators and freezers and combination refrigerators and
freezers

New Only

	Isobutane, R-600a, as a substitute for CFC-12 and HCFC-22

HCR-188C as a substitute for CFC-12 and HCFC-22

HCR-188C1 as a substitute for CFC-12 and HCFC-22	Acceptable With Use
Conditions 	The quantity of the substitute refrigerant (i.e., “charge
size”) shall not exceed 57 grams (2.0 ounces) in any refrigerator,
freezer, or combination refrigerator and freezers; 

These refrigerants may be used only in new equipment designed
specifically and clearly identified for the refrigerant (i.e., none of
these substitutes may be used as a conversion or “retrofit”
refrigerant for existing equipment);

These refrigerants may be used only in refrigerators or freezers or
combination refrigerator and freezers that meet all requirements listed
in the 10th edition of Underwriters Laboratory (UL) Standard 250.  In
cases where the final rule includes requirements more stringent than
those of the 10th edition of UL Standard 250, the appliance must meet
the requirements of the final rule in place of the requirements in the
UL Standard;

The refrigerator, freezer, or combination refrigerator and freezer must
have red, Pantone Matching System (PMS) #185 marked pipes, hoses, or
other devices through which the refrigerant passes to indicate the use
of a flammable refrigerant.  This color must be applied at all service
ports and where service puncturing or otherwise creating an opening from
the refrigerant circuit to the atmosphere might be expected and must
extend a minimum of one (1) inch in both directions from such locations;

	Technicians and equipment manufactures should wear appropriate personal
protective equipment, including chemical goggles and protective gloves
when handling isobutane, HCR-188C, and HCR-188C1.  Special care should
be taken to avoid contact with the skin since isobutane, HCR-188C, and
HCR-188C1 like many refrigerants, can cause freeze burns on the skin. 

A class B dry powder type fire extinguisher should be kept nearby.

Proper ventilation should be maintained at all times during the
manufacture of equipment containing hydrocarbon refrigerant through
adherence to good manufacturing practices as per 29 CFR 1910.110.. If
refrigerant levels in the air surrounding the equipment rise above
one-fourth of the lower flammability limit,1the space should be
evacuated and re-entry should only occur after the space has been
properly ventilated.

 Technicians should only use spark proof tools when working
refrigerators and freezers with R-600a, HCR-188C, and HCR-188C1.

 Recovery equipment designed for flammable refrigerants should be used.

 Only technicians specifically trained in handling flammable
refrigerants should service refrigerators and freezers containing these
refrigerants.  Technicians should gain an understanding of minimizing
the risk of fire and the steps to use flammable refrigerants safely.  

In production facilities or other facilities where large quantities of
the refrigerant would be stored, proper safety precautions should be in
place to minimize the risk of explosion.  These facilities should be
equipped with proper ventilation systems to minimize the risks of
explosion and should be properly designed and operated to reduce
possible ignition sources.





End Use	Substitute	Decision	Use Conditions	Further Information

Household refrigerators and freezers and combination refrigerators and
freezers

New Only

	Isobutane, R-600a, as a substitute for CFC-12 and HCFC-22

HCR-188C as a substitute for CFC-12 and HCFC-22

HCR-188C1 as a substitute for CFC-12 and HCFC-22	Acceptable With Use
Conditions 	Similar to clauses SA6.1.1 to SA6.1.2 of UL standard 250,
the following markings, or the equivalent, shall be provided and shall
be permanent: 

"DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  Do Not
Use Mechanical Devices To Defrost Refrigerator.  Do Not Puncture
Refrigerant Tubing."

"DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  Do Not
Use Mechanical Devices.  To Be Repaired Only By Trained Service
Personnel. Do Not Puncture Refrigerant Tubing."

“CAUTION - Risk of Fire or Explosion. Flammable Refrigerant Used.
Consult Repair Manual/Owner's Guide Before Attempting To Service This
Product. All Safety Precautions Must be Followed."

“CAUTION - Risk of Fire or Explosion. Dispose of Properly In
Accordance With Federal Or Local Regulations.  Flammable Refrigerant
Used."

“CAUTION - Risk of Fire or Explosion Due To Puncture Of Refrigerant
Tubing; Follow Handling Instructions Carefully.  Flammable Refrigerant
Used." 

The marking described in clause (a) above shall be provided on or near
any evaporators that can be contacted by the consumer.  The markings
described in clauses (b) and (c) above shall be permanently attached
near the machine compartment. The markings described in clause (d) above
shall be permanently attached on the exterior of the refrigerator.  The
marking described in clause (e) above shall be permanently attached near
any and all exposed refrigerant tubing.  All of these markings shall be
in letters no less than 6.4 mm (1/4 inch) high. 

	Room occupants should evacuate the space immediately following the
accidental release of this refrigerant.   





End Use	Substitute	Decision	Use Conditions	Further Information

Household refrigerators and freezers and combination refrigerators and
freezers

New Only

	Isobutane, R-600a, as a substitute for CFC-12 and HCFC-22

HCR-188C as a substitute for CFC-12 and HCFC-22

HCR-188C1 as a substitute for CFC-12 and HCFC-22	Acceptable With Use
Conditions 	Household refrigerators, freezers, and combination
refrigerator and freezers using these refrigerants must have service
aperture fittings that are colored red as described above in use
condition number four and which differ from fittings used in equipment
or containers using non-flammable refrigerant.  “Differ” means that
either that the diameter must differ by at least 1/16 inch or the thread
direction must be reversed (i.e., right handed vs. left handed). The
unique fittings must be permanently affixed to the unit and may not be
accessed with an adaptor until the end-of-life of the unit;

These refrigerants may not be sold for use as a refrigerant in
containers designed to contain less than five (5) pounds (2.8 kglbs) of
refrigerant.



	

End Use	Substitute	Decision	Use Conditions	Further Information

Retail Food  Refrigeration  (stand-alone only)    

New Only

                                                                        
                                                                        
                     

	Propane, R-290, as a substitute for CFC-12 and HCFC-22	Acceptable
subject to use conditions	The charge size for the retail food
refrigerator or freezer using R-290 shall not exceed 150 grams (5.3
ounces); 

This refrigerant may be used only in new equipment specifically designed
and clearly identified for the refrigerant;

This substitute may only be used in equipment that meets all
requirements in the 9th edition of UL Standard 471.  In cases where the
final rule includes requirements more stringent than those of the 9th
edition of UL Standard 471, the appliance must meet the requirements of
the final rule in place of the requirements in the UL Standard;

The refrigerator or freezer must have red, Pantone Matching System (PMS)
#185 marked pipes, hoses, and other devices through which the
refrigerant passes to indicate the use of a flammable refrigerant. This
color must be applied at all service ports and where service puncturing
or otherwise creating an opening from the refrigerant circuit to the
atmosphere might be expected, and must extend a minimum of one (1) inch
in both directions from such locations;

 	Technicians and equipment manufactures should wear appropriate
personal protective equipment, including chemical goggles and protective
gloves when handling isobutane.  Special care should be taken to avoid
contact with the skin since propane, like many refrigerants, can cause
freeze burns on the skin. 

A class B dry powder type fire extinguisher should be kept nearby.

Proper ventilation should be maintained at all times during the
manufacture of equipment containing hydrocarbon refrigerant through
adherence to good manufacturing practices as per 29 CFR 1910.110. If
refrigerant levels in the air surrounding the equipment rise above
one-fourth of the lower flammability limit,2 the space should be
evacuated and re-entry should only occur after the space has been
properly ventilated.

Technicians should only use spark proof tools when working refrigerators
and freezers with R-290.

Recovery equipment designed for flammable refrigerants should be used. 

Only technicians specifically trained in handling flammable refrigerants
should service refrigerators and freezers containing these refrigerants.
 Technicians should gain an understanding of minimizing the risk of fire
and the steps to use flammable refrigerants safely.  

In production facilities or other facilities where large quantities of
the refrigerant would be stored, proper safety precautions should be in
place to minimize the risk of explosion.  These facilities should be
equipped with proper ventilation systems to minimize the risks of
explosion and should be properly designed and operated to reduce
possible ignition sources.

Note: In accordance with the limitations provided in Section 310(a) of
the Clean Air Act (42 U.S.C. 7610(a)), nothing in this table shall
affect the Occupational Safety and Health Administrations’ authority
to promulgate and enforce standards and other requirements under the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)

End Use	Substitute	Decision	Use Conditions	Further Information

Retail Food  Refrigeration  (stand-alone only)    

New Only

                                                                        
                                                                        
                     

	Propane, R-290, as a substitute for CFC-12 and HCFC-22	Acceptable
subject to use conditions	Similar to clauses SB6.1.2 to SB6.1.5 of UL
Standard 471, the following markings, or the equivalent, shall be
provided and shall be permanent:  

“DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  Do
Not Use Mechanical Devices To Defrost Refrigerator.  Do Not Puncture
Refrigerant Tubing."

"DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used.  To Be
Repaired Only By Trained Service Personnel.  Do Not Puncture Refrigerant
Tubing."

“CAUTION - Risk of Fire or Explosion. Flammable Refrigerant Used.
Consult Repair Manual/Owner's Guide Before Attempting To Service This
Product. All Safety Precautions Must be Followed."

“CAUTION - Risk of Fire or Explosion. Dispose of Property In
Accordance With Federal Or Local Regulations.  Flammable Refrigerant
Used."

“CAUTION - Risk of Fire or Explosion Due To Puncture Of Refrigerant
Tubing; Follow Handling Instructions Carefully.  Flammable Refrigerant
Used."  This marking shall be provided near all exposed refrigerant
tubing.

The marking described in clause (a) above shall be permanently attached
on or near any evaporators that can be contacted by the consumer.  The
markings described in clauses (b) and (c) above shall be located near
the machine compartment.  The marking described in clause (d) above
shall be permanently attached on the exterior of the refrigerator.  The
marking described in clause (e) above shall be permanently attached near
any and all exposed refrigerant tubing.  All of these markings shall be
in letters no less than 6.4 mm (1/4 inch) high.

	 Room occupants should evacuate the space immediately following the
accidental release of this refrigerant.   





End Use	Substitute	Decision	Use Conditions	Further Information

Retail Food  Refrigeration  (stand-alone only)    

New Only

                                                                        
                                                                        
                     

	Propane, R-290, as a substitute for CFC-12 and HCFC-22	Acceptable
subject to use conditions	7.  Retail food refrigeration using R-290 must
have fittings are colored red as described above in use condition number
four and which differ from fittings used in equipment or containers
using non-flammable refrigerant.  “Differ” means that either that
the diameter must differ by at least 1/16 inch or the thread direction
must be reversed (i.e., right handed vs. left handed).  The unique
fittings must be permanently affixed to the unit, and may not be
accessed with an adaptor, until the end-of-life of the unit;

8. R-290 may not be sold as a refrigerant in containers containing less
than five (5) pounds (2.8 kglbs) of refrigerant.



	

 HCR-188C and HCR-188C1 submissions included window air conditioners as
an end use.  EPA is acting on this end use in a separate rule making.  

 As defined at 40 CFR 82.104 “interstate commerce” means the
distribution or transportation of any product between one state,
territory, possession or the District of Columbia, and another state,
territory, possession or the District of Columbia, or the sale, use or
manufacture of any product in more than one state, territory, possession
or District of Columbia.  The entry points for which a product is
introduced into interstate commerce are the release of a product from
the facility in which the product was manufactured, the entry into a
warehouse from which the domestic manufacturer releases the product for
sale or distribution, and at the site of United States Customs
clearance.

 As defined at 40 CFR 82.17 “end-use” means processes or classes of
specific applications within major industrial sectors where a substitute
is used to replace an ozone-depleting substance. 

  CFC-12 is also referred to as R-12, CCl2F2 and
dichlorodifluoromethane.  Its CAS Reg. No. is 75-71-8.

 Propane is also known as R-290, HC-290, CH3CH2CH3 and C3H8.  Its CAS
Reg. No. is 74-98-6.

 CFCs and HCFCs are examples of ozone-depleting compounds unlike HCs
which contain no chorine. CFCs and HCFCs bring chlorine to the
stratosphere, which cause depletion of the ozone layer.

 Lower flammability limit (LFL) = Lower Flammability Limit, the minimum
concentration in air at which flame propagation occurs 

 Time weighted average (TWA) = An allowable exposure concentration
averaged over a normal 8-hour workday or a 40-hour workweek.

   HYPERLINK "http://www.epa.gov/opptintr/aegl/pubs/results96.htm" 
http://www.epa.gov/opptintr/aegl/pubs/results96.htm  EPA website
accessed August 17, 2009

 EPA is referencing the UL Standard 250 Supplement SA; “Requirements
for Refrigerators and Freezers Employing a Flammable Refrigerant in the
Refrigerating System”, UL 250 10th edition (for isobutane, HCR-188C,
and HCR-188C1 in home refrigerators and freezers) and UL 471 9th edition
Supplement SB; “Requirements for Refrigerators and Freezers Employing
a Flammable Refrigerant in the Refrigerating System” (for propane in
commercial refrigerators and freezers).

 Study conducted by Ben and Jerry’s/Unilever on the weight of butane
contained in disposable lighters

 OSHA regulation 29 CFR 1910.110 considers ventilation adequate “when
the concentration of the gas in a gas-air mixture does not exceed 25
percent of the lower flammable limit.”

1 1OSHA regulation 29 CFR 1910.110 considers ventilation adequate
“when the concentration of the gas in a gas-air mixture does not
exceed 25 percent of the lower flammable limit.”

 OSHA regulation 29 CFR 1910.110 considers ventilation adequate “when
the concentration of the gas in a gas-air mixture does not exceed 25
percent of the lower flammable limit.”

2 2OSHA regulation 29 CFR 1910.110 considers ventilation adequate
“when the concentration of the gas in a gas-air mixture does not
exceed 25 percent of the lower flammable limit.”

  PAGE   28 

Is this a new criterion?  Analysis to go with?

Can we see this comparison in a table format?

Suggest expanding discussion to include all refrigerants, not just what
these refrigerants replace, to provide context.

Do refrigerators have to be redesigned to take into account these risks?

Please provide citation.

How would people know to evacuate?

Does EPA request comments on flammability?

What’s the timeline?

Did EPA conduct benefit/cost assessment?  Including estimated market
penetration of these refrigerants?

