
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19453-19501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07895]



[[Page 19453]]

Vol. 80

Friday,

No. 69

April 10, 2015

Part III





Environmental Protection Agency





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40 CFR Part 82





Protection of Stratospheric Ozone: Listing of Substitutes for 
Refrigeration and Air Conditioning and Revision of the Venting 
Prohibition for Certain Refrigerant Substitutes; Final Rule

  Federal Register / Vol. 80 , No. 69 / Friday, April 10, 2015 / Rules 
and Regulations  

[[Page 19454]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2013-0748; FRL-9922-26-OAR]
RIN 2060-AS04


Protection of Stratospheric Ozone: Listing of Substitutes for 
Refrigeration and Air Conditioning and Revision of the Venting 
Prohibition for Certain Refrigerant Substitutes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the U.S. Environmental Protection Agency's (EPA) 
Significant New Alternatives Policy program, this action lists five 
flammable refrigerants as acceptable substitutes, subject to use 
conditions, in several end-uses: Household refrigerators and freezers, 
stand-alone retail food refrigeration equipment, very low temperature 
refrigeration, non-mechanical heat transfer, vending machines, and room 
air conditioning units. This action also exempts from Clean Air Act 
Section 608's prohibition on venting, release, or disposal the four 
hydrocarbon refrigerant substitutes listed in this action as 
acceptable, subject to use conditions, in specific end-uses. We are 
finalizing this exemption for those substitutes, subject to those use 
conditions and in those end-uses, on the basis of current evidence that 
their venting, release, or disposal does not pose a threat to the 
environment.

DATES: This rule is effective on May 11, 2015. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of May 11, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2013-0748. All documents in the docket are listed on the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the Air and 
Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Stratospheric 
Protection Division, Office of Atmospheric Programs, Mail Code 6205T, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone number (202) 343-9163; fax number (202) 
343-2338, email address: sheppard.margaret@epa.gov. Notices and 
rulemakings under EPA's Significant New Alternatives Policy (SNAP) 
program are available on EPA's Stratospheric Ozone Web site at 
www.epa.gov/ozone/snap/regs.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
    A. Executive summary
    B. Background
    C. Does this action apply to me?
    D. What acronyms and abbreviations are used in the preamble?
II. How does the SNAP program work?
    A. What are the statutory requirements and authority for the 
SNAP program?
    B. What is EPA's regulation implementing Section 612?
    C. How do the regulations for the SNAP program work?
    D. Where do I find additional information about the SNAP 
program?
III. What action is the Agency taking?
    A. Listing decisions: Substitutes and end-uses
    B. What are ethane, isobutane, propane, HFC-32, R-441A, and the 
ASHRAE classifications for refrigerant flammability?
    C. Use conditions
    D. Venting prohibition
    E. Recommendations for the safe use of flammable substitute 
refrigerants
IV. What criteria did EPA consider in determining whether to list 
the substitutes as acceptable and in determining the use conditions, 
and how does EPA consider those criteria?
    A. Effects on the environment
    B. Flammability
    C. Toxicity and asphyxiation
V. What are the differences between the proposed and final rules?
VI. What are EPA's responses to public comments?
    A. EPA's acceptability determinations
    B. Environmental and public health impacts
    C. Toxicity
    D. Flammability
    E. Use conditions
    F. Technician training
    G. Venting prohibition
    H. Cost and economic impacts
    I. Statutory and executive order reviews
    J. Relationship with other rules
    K. Timing of final rule
    L. Other comments
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Population
    K. Congressional Review Act (CRA)
VIII. References

I. General Information

A. Executive Summary

    Pursuant to the SNAP program under Clean Air Act (CAA) Section 612, 
this final rule lists five flammable refrigerant substitutes as 
acceptable, subject to use conditions, in several refrigeration and air 
conditioning end-uses: Household refrigerators and freezers; retail 
food refrigeration, stand-alone equipment only; very low temperature 
refrigeration; non-mechanical heat transfer; vending machines; and room 
air conditioning (AC) units. The five refrigerant substitutes are: 
Difluoromethane (also known as hydrofluorocarbon (HFC)-32), ethane, 
isobutane, propane, and the hydrocarbon blend R-441A. The use 
conditions address safe use of flammable refrigerants and include 
incorporation by reference of portions of certain safety standards from 
Underwriters Laboratories (UL), refrigerant charge size limits, and 
requirements for markings on equipment using these refrigerants. This 
action also exempts from CAA Section 608's prohibition on venting, 
release, or disposal the hydrocarbon refrigerant substitutes ethane, 
isobutane, propane, and R-441A in specific end-uses for which they are 
being listed in this rulemaking. We are finalizing this exemption for 
those substitutes on the basis of current evidence that their venting, 
release, or disposal from these specific end-uses does not pose a 
threat to the environment.
    This final rule lists all five refrigerants as acceptable, subject 
to use conditions, in the same end-uses as in the proposed

[[Page 19455]]

rule. This final rule retains the same use conditions as proposed for 
household refrigerators and freezers; retail food refrigeration, stand-
alone equipment only; very low temperature refrigeration; non-
mechanical heat transfer; and vending machines. For room AC units, EPA 
is retaining the same use conditions as proposed, with one exception. 
For portable AC units, EPA is not applying the proposed charge limits 
for packaged terminal AC (PTAC) units, packaged terminal heat pumps 
(PTHP), and other floor mounted AC units, which are set forth in Table 
D. In this final rule, Table E (new) establishes charge limits for 
portable AC units, consistent with the requirements in Appendix F of UL 
484, ``Room Air Conditioners,'' 8th Edition, dated August 2, 2012. EPA 
is making this change because we agree with commenters that the final 
rule should incorporate specific provisions for charge limits for 
portable units in UL 484, which is the standard that is the basis of 
EPA's other charge limits, as well. This final rule exempts the four 
hydrocarbon refrigerants for the end-uses addressed in the proposed 
rule from the venting prohibition under CAA Section 608. HFC-32 remains 
prohibited from being knowingly vented or otherwise knowingly released 
or disposed of by any person maintaining, servicing, repairing, or 
disposing appliances containing HFC-32.
    EPA received a total of 37 comments from 35 commenters. Major 
topics raised by commenters included: The acceptability of each 
refrigerant; the environmental, flammability, and toxicity 
characteristics of the proposed refrigerants; the cost impacts of using 
the proposed refrigerants; the proposed use conditions; EPA's 
recommendations for safe handling of the refrigerants; technician 
training; the relationship between this proposed rule and the proposed 
rule Protection of Stratospheric Ozone: Change of Listing Status for 
Certain Substitutes under the Significant New Alternatives Policy 
Program (August 6, 2014, 79 FR 46126); and the proposed exemption from 
CAA Section 608's prohibition on venting, release, or disposal of the 
four hydrocarbon refrigerant substitutes.

B. Background

    Consistent with the Climate Action Plan announced June 2013, which 
calls on EPA to ``use its authority through the Significant New 
Alternatives Policy Program to encourage private sector investment in 
low-emissions technology by identifying and approving climate-friendly 
chemicals'' (Climate Action Plan, 2013), this final rule approves a 
number of climate-friendly alternatives for various kinds of 
refrigeration and AC equipment. Using low-GWP alternatives instead of 
high-GWP HFCs reduces climate-damaging emissions. Use and emissions of 
HFCs are rapidly increasing because they are the primary substitutes 
for ozone-depleting substances, especially in many of the largest end-
uses. Though they represent a small fraction of current total 
greenhouse gas (GHG) emissions, their warming impact is hundreds to 
thousands of times higher than that of CO2 and other GHGs. 
Further, if left unregulated, emissions of HFCs in the United States 
are expected to double from current levels of 1.5 percent of GHG 
emissions to 3 percent by 2020 and nearly triple by 2030.\1\
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    \1\ Climate Change and President Obama's Action Plan. June, 
2013. Available in the docket and online at www.whitehouse.gov/share/climate-action-plan.
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    This action lists as acceptable, subject to use conditions, five 
flammable refrigerant substitutes that EPA believes present overall 
lower risk to human health and the environment compared to other 
available or potentially available alternatives in the same end-uses. 
The refrigerants include one HFC refrigerant--HFC-32--and four 
hydrocarbon refrigerants--ethane, isobutane, propane, and R-441A. We 
are listing these substitutes as acceptable, subject to use conditions, 
in a number of stationary AC and refrigeration end-uses under the SNAP 
program, including: Household refrigerators and freezers, retail food 
refrigeration, very low temperature refrigeration, non-mechanical heat 
transfer, vending machines, and residential and light commercial AC and 
heat pumps. The use conditions set requirements to ensure that these 
substitutes do not present significantly greater risk in the end-use 
than other substitutes that are currently or potentially available for 
that same end-use. This action is another regular update to EPA's lists 
of acceptable substitutes through the SNAP program under the authority 
of CAA Section 612.
    This action responds to a number of SNAP submissions for four 
hydrocarbon refrigerants and HFC-32. Additionally, this action exempts 
from the prohibition under CAA Section 608 on venting, release, or 
disposal, the four hydrocarbon refrigerant substitutes that are listed 
as acceptable, subject to use conditions, in specific end-uses, on the 
basis of current evidence that their venting, release, or disposal does 
not pose a threat to the environment. Note, however, that other 
applicable environmental regulatory requirements still apply. For 
example, for those refrigerant substitutes listed in this action that 
contain volatile organic compounds (VOC) as defined in 40 CFR 
50.100(s), i.e., isobutane, propane, and R-441A,\2\ a state might adopt 
additional control strategies if necessary for an ozone nonattainment 
area to attain the National Ambient Air Quality Standard (NAAQS) for 
ozone.
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    \2\ Neither ethane nor HFC-32 are VOC under the definition at 40 
CFR 51.100(s).
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    With the exception of HFC-32, the refrigerants listed as 
acceptable, subject to use conditions, in this action are hydrocarbons 
or blends consisting solely of hydrocarbons. Hydrocarbon refrigerants 
have been in use for over 15 years in countries such as Germany, the 
United Kingdom, Australia, and Japan in household and commercial 
refrigerators and freezers. To a lesser extent, hydrocarbon 
refrigerants have also been used internationally in small AC units such 
as portable room air conditioners.
    Because hydrocarbon refrigerants have zero ozone depletion 
potential (ODP) and very low global warming potentials (GWPs) compared 
to most other refrigerants, many companies recently have expressed 
interest in using hydrocarbons in the United States. Also, some 
companies have reported improved energy efficiency with hydrocarbon 
refrigerants (A.S. Trust & Holdings, 2012; A/S Vestfrost, 2012; CHEAA, 
2013).
    In a final rule published in the Federal Register (FR) on December 
20, 2011, at 76 FR 78832, EPA's SNAP program listed isobutane and R-
441A as acceptable, subject to use conditions, in household 
refrigerators, freezers, and combination refrigerators and freezers, 
and listed propane as acceptable, subject to use conditions, in retail 
food refrigerators and freezers (stand-alone units only). In this 
action, EPA is listing isobutane, propane, and R-441A as acceptable, 
subject to use conditions, in additional end-uses.
    This final action lists HFC-32 (difluoromethane, Chemical Abstracts 
Service Registry Number [CAS Reg. No.] 75-10-5) as acceptable, subject 
to use conditions, in room air conditioners for residential and light 
commercial AC and heat pumps end-use. There appears to be interest in 
using HFC-32 for many reasons, including its GWP of 675, which is 
considerably lower than the GWPs of hydrochlorofluorocarbon (HCFC)-22 
(1,810) and most other HFC-based refrigerants (approximately 1,500 to 
4,000) currently used in this end-use. It also has mild flammability 
compared to hydrocarbon refrigerants. Mini-split

[[Page 19456]]

systems using HFC-32 are now being sold in Japan and are being 
introduced in India and Indonesia.
    All of the end-uses in this final rule are for stationary 
refrigeration or AC. EPA previously issued several final rules 
addressing the use of flammable refrigerants in motor vehicle air 
conditioning (MVAC). On June 13, 1995, at 60 FR 31092, the Agency found 
all flammable substitutes to be unacceptable for use in MVAC unless 
specifically listed as acceptable, subject to use conditions, because 
of flammability risks and the lack of sufficient risk assessment and 
other relevant information to demonstrate safe use in that end-use at 
that time. Some of these risks are unique to motor vehicles. In recent 
years, EPA has listed three low-GWP refrigerants as acceptable, subject 
to use conditions, for MVAC systems (i.e., R-152a, R-1234yf, and R-
744). Two of these refrigerants are flammable, although less flammable 
than hydrocarbons. Under 40 CFR part 82, subpart G, Appendix B, all 
other flammable substitutes remain unacceptable for use in MVAC because 
EPA has not taken action to specifically list them as acceptable, 
subject to use conditions.
    As stated above, this action is being taken under the President's 
Climate Action Plan. HFCs are accumulating rapidly in the atmosphere. 
For example, the atmospheric concentration of HFC-134a, the most 
abundant HFC, has increased by about 10% per year from 2006 to 2012, 
and concentrations of HFC-143a and HFC-125 have risen over 13% and 16% 
per year from 2007-2011, respectively (Montzka, 2012; NOAA, 2013).
    The alternatives addressed in this action have GWPs significantly 
lower than both the ozone-depleting substances (ODS) and HFC substitute 
refrigerants in the end-uses in which they are being listed. ODS in the 
end-uses in this final rule include chlorofluorocarbon (CFC)-12 (ODP 
\3\ of 1 and GWP of 10,900), R-13B1 (also known as 
bromotrifluoromethane or halon 1301, with ODP of 10 and GWP of 7,140), 
CFC-113 (ODP of 0.8 and GWP of 6,130), R-502 (a blend of CFC-115 and 
HCFC-22, with ODP of 0.334 and GWP of 4,660), and HCFC-22 (ODP of 0.055 
and GWP of 1,810). The GWPs \4\ of the hydrocarbon refrigerants we are 
adding to the SNAP lists in this rule are less than 10, while HFCs 
listed as acceptable in the end-uses in this rule have GWPs ranging 
from 1,430 to 3,920. Thus, the listed refrigerants provide industry 
additional options with lower atmospheric impacts. In this rulemaking, 
however, EPA did not limit its review to atmospheric impacts, but 
evaluated each of the SNAP criteria for each substitute in each end-use 
addressed by this action. EPA then considered overall risk to human 
health and the environment for each substitute in comparison to other 
available or potentially available alternatives in the same end-uses.
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    \3\ Unless otherwise stated, the ODP values used in this 
document are those published in Appendices A and B to Subpart A of 
40 CFR part 82. For refrigerant blends, EPA has taken the ODPs for 
the component compounds and multiplied them by the weight fraction 
of each component in the blend to obtain an approximate ODP.
    \4\ GWPs for HFC-134a, HFC-32, the component HFCs comprising R-
404A and R-410A, propane and ethane are listed in IPCC, 2007: 
Climate Change 2007: The Physical Science Basis. Contribution of 
Working Group I to the Fourth Assessment Report of the 
Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. 
Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller 
(eds.)]. Cambridge University Press, Cambridge, United Kingdom and 
New York, NY, USA. This document is accessible at www.ipcc.ch/
publications_and_data/ar4/wg1/en/contents.html. GWPs for isobutane 
and R-441A were provided by the submitters to EPA and they are 
consistent with available information for their components and the 
range of GWPs found for other hydrocarbons in IPCC, 2007. For 
refrigerant blends, EPA has taken the 100-year integrated time 
horizon GWP from IPCC, 2007 for the component compounds and 
multiplied them by the weight fraction of each component in the 
blend to obtain an approximate GWP. Unless otherwise stated, GWPs 
stated in this document are 100-year integrated time horizon values 
taken from IPCC, 2007.
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C. Does this action apply to me?

    This action lists the following refrigerants as acceptable, subject 
to use conditions, for use in specific end-uses within the 
refrigeration and AC sector: Ethane (R-170), HFC-32 (R-32), isobutane 
(R-600a), propane (R-290), and the hydrocarbon blend R-441A. Types of 
residential and light commercial AC equipment addressed in this action 
include window AC units; packaged terminal AC units and heat pumps; and 
portable room AC units. Types of refrigeration equipment include stand-
alone retail food refrigeration equipment, very low temperature 
freezers, thermosiphons (non-mechanical heat transfer equipment), 
household refrigerators and freezers, and vending machines.
    Table 1 identifies industry subsectors that may wish to explore the 
use of ethane, HFC-32, R-441A, isobutane, and propane in these end-uses 
or that may work with equipment using these refrigerants in the future.

  Table 1--Potentially Regulated Entities by North American Industrial
             Classification System (NAICS) Code or Subsector
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                              NAICS code or    Description of regulated
          Category              subsector              entities
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Industry...................          325412  Pharmaceutical Preparations
                                              (e.g., Capsules,
                                              Liniments, Ointments,
                                              Tablets) Manufacturing.
Industry...................          333415  Manufacturers of
                                              Refrigerators, Freezers,
                                              and Other Refrigerating or
                                              Freezing Equipment,
                                              Electric or Other; Heat
                                              Pumps Not Elsewhere
                                              Specified or Included
                                              (NESOI); and Parts
                                              Thereof.
Industry...................          333415  Air-Conditioning and Warm
                                              Air Heating Equipment and
                                              Commercial and Industrial
                                              Refrigeration Equipment
                                              Manufacturing.
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...................          423930  Recyclable Material
                                              Merchant Wholesalers.
Industry...................          423620  Household Appliances,
                                              Electric Housewares, and
                                              Consumer Electronics
                                              Merchant Wholesalers.
Industry...................          423740  Refrigeration Equipment and
                                              Supplies Merchant
                                              Wholesalers.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather a guide 
regarding entities likely to adopt, service or dispose of the 
substitutes that are being listed in this action. If you have any 
questions about whether this action

[[Page 19457]]

applies to a particular entity, consult the person listed in the 
preceding section, FOR FURTHER INFORMATION CONTACT.

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

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

AC--air conditioning
ACGIH--American Conference of Governmental Industrial Hygienists
ACH--air changes per hour
AEGL--acute exposure guideline level
AHAM--Association of Home Appliance Manufacturers
AHRI--Air Conditioning, Heating and Refrigeration Institute
AIRAH--Australian Institute of Refrigeration, Air Conditioning and 
Heating
ANSI--American National Standards Institute
ARA--Australian Refrigeration Association
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
BTU--British thermal unit
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Number
CARB--California Air Resources Board
CBI--Confidential Business Information
CFC--chlorofluorocarbon
CFR--Code of Federal Regulations
CHEAA--Chinese Household Electrical Appliance Association
CMAQ--Community Multiscale Air Quality
CRA--Congressional Review Act
DOE--the United States Department of Energy
EIA--Environmental Investigation Agency-U.S.
EO--Executive Order
EPA--the United States Environmental Protection Agency
EU--European Union
FR--Federal Register
ft--foot
g--gram
GHG--greenhouse gas
GWP--global warming potential
HCFC--hydrochlorofluorocarbon
HF--hydrogen fluoride
HFC--hydrofluorocarbon
HVACR--heating, ventilation, air conditioning and refrigeration
ICF--ICF International, Inc.
ICOR--ICOR International, Inc.
IEC--International Electrotechnical Commission
in.Hg--inches of mercury
IPCC--Intergovernmental Panel on Climate Change
IPR--industrial process refrigeration
ISRI--Institute of Scrap Recycling Industries
JTG--Joint Task Group
kg--kilogram
kJ--kilojoule
kPa--kilopascal
lb--pound
LFL--lower flammability limit
m--meter
mm--millimeter
MMTCO2eq--million metric tons of carbon dioxide equivalents
MSDS--Material Safety Data Sheet
MVAC--motor vehicle air conditioning
NAAQS--National Ambient Air Quality Standard
NAFEM--North American Association of Food Equipment Manufacturers
NAICS--North American Industrial Classification System
NIOSH--the United States National Institute for Occupational Safety 
and Health
NOAA--the United States National Oceanic and Atmospheric 
Administration
NOAEL--No Observed Adverse Effect Level
NTTAA--National Technology Transfer and Advancement Act
OEM--original equipment manufacturer
ODP--ozone depletion potential
ODS--ozone-depleting substances
OHA--Office of Hearing and Appeals
OMB--the United States Office of Management and Budget
OSHA--the United States Occupational Safety and Health 
Administration
oz--ounce
PPE--personal protective equipment
PEL--permissible exposure limit
PFC--perfluorocarbon
PMS--Pantone Matching System
ppb--parts per billion
ppm--parts per million
ppmv--parts per million by volume
PRA--Paperwork Reduction Act
psi--pounds per square inch
PTAC--packaged terminal air conditioner
PTHP--packaged terminal heat pump
RCRA--Resource Conservation and Recovery Act
REL--Recommended Exposure Limit
RFA--Regulatory Flexibility Act
RSES--Refrigeration Service Engineers Society
SIP--State Implementation Plan
SNAP--Significant New Alternatives Policy
STEL--short-term exposure limit
STP--Standards Technical Panels
TFA--trifluoroacetic acid
The Alliance--The Alliance for Responsible Atmospheric Policy
TLV--threshold limit value
TWA--time-weighted average
UL--Underwriters Laboratories Inc.
UMRA--Unfunded Mandates Reform Act
U.S.C.--United States Code
VOC--volatile organic compounds

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

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

    Section 612 of the 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 the following:
1. Rulemaking
    Section 612(c) requires EPA to promulgate rules making it unlawful 
to replace any class I substance (chlorofluorocarbon (CFC), halon, 
carbon tetrachloride, methyl chloroform, and hydrobromofluorocarbon) or 
class II substance (HCFC) with any substitute that the Administrator 
determines may present adverse effects to human health or the 
environment where the Administrator has identified an alternative that 
(1) reduces the overall risk to human health and the environment and 
(2) is currently or potentially available.
2. Listing of Unacceptable/Acceptable Substitutes
    Section 612(c) requires EPA to publish a list of the substitutes 
unacceptable for specific uses and to publish a corresponding list of 
acceptable alternatives for specific uses. The list of acceptable 
substitutes may be found at www.epa.gov/ozone/snap/lists, and the lists 
of ``unacceptable,'' ``acceptable subject to use conditions,'' and 
``acceptable subject to narrowed use limits'' substitutes are found in 
the appendices to Subpart G of 40 CFR part 82 as well as at 
www.epa.gov/ozone/snap/lists.
3. Petition Process
    Section 612(d) grants the right to any person to petition EPA to 
add a substance to, or delete a substance from, the lists published in 
accordance with Section 612(c). The Agency has 90 days to grant or deny 
a petition. Where the Agency grants the petition, EPA must publish the 
revised lists within an additional six months.
4. 90-Day Notification
    Section 612(e) directs EPA to require any person who produces a 
chemical substitute for a class I substance to notify the Agency not 
less than 90 days before new or existing chemicals are introduced into 
interstate commerce for significant new uses as substitutes for a class 
I substance. The producer must also provide the Agency with the 
producer's unpublished health and safety studies on such substitutes.
5. Outreach
    Section 612(b)(1) states that the Administrator shall seek to 
maximize the use of federal research facilities and resources to assist 
users of class I and II substances in identifying and developing 
alternatives to the use of such substances in key commercial 
applications.
6. Clearinghouse
    Section 612(b)(4) requires the Agency to set up a public 
clearinghouse of alternative chemicals, product substitutes, and 
alternative manufacturing processes that are

[[Page 19458]]

available for products and manufacturing processes which use class I 
and II substances.

B. What is EPA's regulation implementing Section 612?

    On March 18, 1994, EPA published the original rulemaking (59 FR 
13044) which established the process for administering the SNAP program 
and issued EPA's first lists identifying acceptable and unacceptable 
substitutes in the major industrial use sectors (Subpart G of 40 CFR 
part 82). These eight sectors--refrigeration and AC; foam blowing; 
cleaning solvents; fire suppression and explosion protection; 
sterilants; aerosols; adhesives, coatings and inks; and tobacco 
expansion--are the principal industrial sectors that historically 
consumed the largest volumes of ODS.
    Section 612 of the CAA instructs EPA to list as acceptable those 
substitutes that present a lower overall risk to human health and the 
environment as compared with other substitutes that are currently or 
potentially available for a specific use.

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

    Under the SNAP regulations, anyone who plans to market or produce a 
substitute in one of the eight major industrial use sectors where class 
I or class II substances have been used must provide notice to the 
Agency, including health and safety information on the substitute, at 
least 90 days before introducing it into interstate commerce for 
significant new use as an alternative (40 CFR 82.176(a)). This 
requirement applies to the persons planning to introduce the substitute 
into interstate commerce,\5\ who typically are chemical manufacturers 
but may include importers, formulators, equipment manufacturers, and 
end users when they are responsible for introducing a substitute into 
commerce.\6\ The CAA and the SNAP regulations, 40 CFR 82.174(a), 
prohibit use of a substitute earlier than 90 days after notice has been 
provided to the Agency. EPA considers that notice has been received 
once EPA receives the submission and determines that the submission 
includes complete and adequate data (40 CFR 82.180(a)). At that point, 
the SNAP review begins.
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    \5\ 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.
    \6\ As defined at 40 CFR 82.172, ``end-use'' means processes or 
classes of specific applications within major industrial sectors 
where a substitute is used to replace an ODS.
---------------------------------------------------------------------------

    The Agency has identified four possible decision categories for 
substitutes that are submitted for evaluation: Acceptable; acceptable 
subject to use conditions; acceptable subject to narrowed use limits; 
and unacceptable \7\ (40 CFR 82.180(b)). Use conditions and narrowed 
use limits are both considered ``use restrictions'' and are explained 
below. Substitutes that are deemed acceptable with no use restrictions 
(no use conditions or narrowed use limits) can be used for all 
applications in the relevant end-uses within the sector. Substitutes 
that are acceptable, subject to use conditions, may be used only in 
accordance with those restrictions.
---------------------------------------------------------------------------

    \7\ The SNAP regulations also include ``pending,'' referring to 
submissions for which EPA has not reached a determination under this 
provision.
---------------------------------------------------------------------------

    After reviewing a substitute, the Agency may make a determination 
that a substitute is acceptable only if certain conditions are met in 
the way that the substitute is used to minimize risks to human health 
and the environment. EPA describes such substitutes as ``acceptable 
subject to use conditions.'' Entities that use these substitutes 
without meeting the associated use conditions are in violation of 
Section 612 of the CAA and EPA's SNAP regulations (40 CFR 82.174(c)).
    For some substitutes, the Agency may permit a narrowed range of use 
within an end-use or sector. For example, the Agency may limit the use 
of a substitute to certain end-uses or specific applications within an 
industry sector. EPA describes these substitutes as ``acceptable 
subject to narrowed use limits.'' A person using a substitute that is 
acceptable subject to narrowed use limits in applications and end-uses 
that are not consistent with the narrowed use limit is using the 
substitute in an unacceptable manner and is in violation of Section 612 
of the CAA and EPA's SNAP regulations (40 CFR 82.174(c)).
    The Agency publishes its SNAP program decisions in the Federal 
Register. EPA publishes proposed decisions concerning substitutes that 
are deemed acceptable subject to use restrictions (use conditions and/
or narrowed use limits), or substitutes deemed unacceptable, as 
proposed rulemakings to provide the public an opportunity to comment, 
before publishing final decisions.
    In contrast, EPA publishes decisions concerning substitutes that 
are deemed acceptable with no restrictions as ``notices of 
acceptability'' or ``determinations of acceptability,'' rather than as 
proposed and final rules. As described in the preamble to the rule 
initially implementing the SNAP program in the Federal Register at 59 
FR 13044 on March 18, 1994, EPA does not believe that rulemaking 
procedures are necessary to list alternatives that are acceptable 
without restrictions because such listings neither impose any sanction 
nor prevent anyone from using a substitute.
    Many SNAP listings include ``Comments'' or ``Further Information'' 
to provide additional information on substitutes. Since this additional 
information is not part of the regulatory decision, these statements 
are not binding for use of the substitute under the SNAP program. 
However, regulatory requirements so listed may be binding under other 
regulatory programs (e.g., worker protection regulations promulgated by 
the Occupational Safety and Health Administration (OSHA)). The 
``Further Information'' identified in the listing does not necessarily 
include all other legal obligations pertaining to the use of the 
substitute. While the items listed are not legally binding under the 
SNAP program, EPA encourages users of substitutes to apply all 
statements in the ``Further Information'' column in their use of these 
substitutes. In many instances, the information simply refers to sound 
operating practices that have already been identified in existing 
industry and/or building codes or standards. Thus many of the 
statements, if adopted, would not require the affected user to make 
significant changes in existing operating practices.

D. Where do I find additional information about the SNAP program?

    For copies of the comprehensive SNAP lists of substitutes or 
additional information on SNAP, refer to EPA's Ozone Depletion Web site 
at: www.epa.gov/ozone/snap. For more information on the Agency's 
process for administering the SNAP program or criteria for evaluation 
of substitutes, refer to the SNAP final rulemaking in the Federal 
Register at 59 FR 13044 on March 18, 1994, codified at 40 CFR part 82, 
Subpart G. A complete chronology of SNAP decisions and the appropriate 
citations are found at: www.epa.gov/ozone/snap/chron.html.

[[Page 19459]]

III. What action is the Agency taking?

A. Listing Decisions: Substitutes and End-Uses

    In this action, EPA is listing the following refrigerants as 
acceptable, subject to use conditions, in the identified end-uses.
    1. Retail food refrigeration. EPA finds isobutane (also referred to 
as R-600a) and the hydrocarbon blend R-441A acceptable, subject to use 
conditions, as substitutes in retail food refrigeration (new stand-
alone retail food refrigeration equipment only). The use conditions 
require the following:
    i. The quantity of the substitute refrigerant (i.e., ``charge 
size'') must not exceed 150 g (5.29 oz);
    ii. These refrigerants may be used only in new equipment designed 
specifically and clearly identified for the refrigerant--i.e., none of 
these substitutes may be used as a conversion or ``retrofit'' \8\ 
refrigerant for existing equipment;
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    \8\ Sometimes conversion refrigerant substitutes are 
inaccurately referred to as ``drop in'' replacements.
---------------------------------------------------------------------------

    iii. These refrigerants may be used only in stand-alone retail food 
refrigeration equipment that meets all requirements listed in 
Supplement SB to the 10th edition of UL Standard 471, dated November 
24, 2010. In cases where this final rule includes requirements more 
stringent than those of the 10th edition of UL Standard 471, the 
appliance would need to meet the requirements of the final rule in 
place of the requirements in the UL Standard;
    iv. The refrigerator or freezer must have red Pantone Matching 
System (PMS) #185 marked pipes, hoses, or other devices through which 
the refrigerant passes, to indicate the use of a flammable refrigerant. 
This color must be present at all service ports and other parts of the 
system where service puncturing or other actions creating an opening 
from the refrigerant circuit to the atmosphere might be expected and 
must extend a minimum of one (1) inch in both directions from such 
locations.
    v. The following markings, or the equivalent, must be provided and 
must be permanent:
    (a) ``DANGER--Risk of Fire or Explosion. Flammable Refrigerant 
Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not 
Puncture Refrigerant Tubing.'' This marking must be provided on or near 
any evaporators that can be contacted by the consumer.
    (b) ``DANGER--Risk of Fire or Explosion. Flammable Refrigerant 
Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture 
Refrigerant Tubing.'' This marking must be located near the machine 
compartment.
    (c) ``CAUTION--Risk of Fire or Explosion. Flammable Refrigerant 
Used. Consult Repair Manual/Owner's Guide Before Attempting To Service 
This Product. All Safety Precautions Must be Followed.'' This marking 
must be located near the machine compartment.
    (d) ``CAUTION--Risk of Fire or Explosion. Dispose of Properly In 
Accordance With Federal Or Local Regulations. Flammable Refrigerant 
Used.'' This marking must be provided on the exterior of the 
refrigeration equipment.
    (e) ``CAUTION--Risk of Fire or Explosion Due To Puncture Of 
Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable 
Refrigerant Used.'' This marking must be provided near all exposed 
refrigerant tubing.
    All of these markings must be in letters no less than 6.4 mm (\1/4\ 
inch) high.
    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. Stand-alone retail food 
refrigeration equipment includes appliances that use a sealed hermetic 
compressor and for which all refrigerant-containing components, 
including but not limited to the compressor, condenser, and evaporator, 
are assembled into a single piece of equipment before delivery to the 
ultimate consumer or user. Such equipment does not require the addition 
or removal of refrigerant when placed into initial operation. Stand-
alone equipment is used to chill or to store chilled beverages or 
frozen products (e.g., reach-in beverage coolers, stand-alone ice cream 
cabinets, and wine coolers in commercial settings).
    This acceptability decision does not apply to large commercial 
refrigeration systems such as, but not limited to, remote direct 
expansion refrigeration systems typically found in supermarkets. This 
acceptability decision also does not apply to walk-in coolers. The SNAP 
submission did not apply to these types of systems. Moreover, these 
types of equipment typically require larger charges than those 
established in this use condition for the end-use addressed in this 
rule and are sufficiently different that we would need additional 
information before making a listing decision.
    2. Very low temperature refrigeration and non-mechanical heat 
transfer. EPA finds ethane (also referred to as R-170) acceptable, 
subject to use conditions, in very low temperature refrigeration 
equipment and in non-mechanical heat transfer, subject to the same use 
conditions described above for isobutane and R-441A in stand-alone 
retail food refrigeration equipment.
    Very low temperature refrigeration equipment is intended to 
maintain temperatures considerably lower than for refrigeration of 
food--for example, -80 [deg]C (-170[emsp14][deg]F) or lower. Examples 
of very low temperature refrigeration equipment include medical 
freezers and freeze-dryers, which generally require extremely reliable 
refrigeration cycles to maintain low temperatures and must meet 
stringent technical standards. In some cases, very low temperature 
refrigeration equipment may use a refrigeration system with two 
refrigerant loops or with a direct expansion refrigeration loop coupled 
with an alternative refrigeration technology (e.g., Stirling cycle). 
This allows a greater range of temperatures and may reduce the overall 
refrigerant charge.
    There is no U.S. standard that we are aware of that applies 
specifically to very low temperature refrigeration or non-mechanical 
heat transfer. The submitter of information for use of ethane in very 
low temperature refrigeration has indicated that UL has tested their 
equipment for compliance with the UL 471 Standard for commercial 
refrigeration equipment, which addresses stand-alone commercial 
refrigerators and freezers. In this final rule, we are requiring 
compliance with the UL 471 Standard as one of the conditions for use of 
ethane in very low temperature refrigeration equipment.
    This submission also addressed the use of ethane in a type of non-
mechanical heat transfer equipment called a thermosiphon. Non-
mechanical heat transfer involves cooling systems that rely on 
convection to remove heat from an area, rather than mechanical 
refrigeration. A thermosiphon is a type of heat transfer system that 
relies on natural convection currents, as opposed to using a mechanical 
pump. This final rule lists ethane as acceptable, subject to use 
conditions, for use in non-mechanical heat transfer. The use conditions 
include a requirement to meet Supplement B to the UL 471 Standard and a 
charge limit of 150 g. We note that some other types of non-mechanical 
heat transfer equipment would be expected to present different 
technical issues than a thermosiphon in a freezer and are not part of 
this decision, e.g., equipment designed for cooling the engine 
compartment of heavy duty vehicles, organic Rankine cycle equipment, or 
geothermal systems.
    3. Household refrigerators and freezers. EPA finds propane (also

[[Page 19460]]

referred to as R-290) acceptable, subject to use conditions, as a 
substitute in household refrigerators and freezers and combination 
refrigerator/freezers. The use conditions require the following:
    i. The charge size for any household refrigerator, freezer, or 
combination refrigerator and freezer for each circuit using R-290 must 
not exceed 57 g (2.01 oz);
    ii. This refrigerant may be used only in new equipment specifically 
designed and clearly identified for the refrigerant--i.e., none of 
these substitutes may be used as a conversion or ``retrofit'' 
refrigerant for existing equipment;
    iii. This substitute may be used only in equipment that meets all 
requirements in Supplement SA to the 10th edition of UL Standard 250, 
dated August 25, 2000. In cases where this final rule includes 
requirements more stringent than those of the 10th edition of UL 
Standard 250, the appliance would need to meet the requirements of the 
final rule in place of the requirements in the UL Standard;
    iv. The refrigerator or freezer must have red PMS #185 marked 
pipes, hoses, and other devices through which the refrigerant passes to 
indicate the use of a flammable refrigerant;
    v. Permanent markings must be provided on the equipment, as 
described above for stand-alone commercial refrigerators and freezers. 
All of these markings must be in letters no less than 6.4 mm (\1/4\ 
inch) high.
    Household refrigerators, freezers, and combination refrigerator/
freezers are intended primarily for residential use, although they may 
be used outside the home. Household freezers only offer storage space 
at freezing temperatures, unlike household refrigerators. Products with 
both a refrigerator and freezer in a single unit are most common. Wine 
coolers used in residential settings are considered part of this end-
use. EPA previously found the flammable hydrocarbon refrigerants 
isobutane and R-441A acceptable, subject to use conditions, in this 
end-use (December 20, 2011, at 76 FR 78832, codified at Appendix R of 
Subpart G of 40 CFR part 82).
    4. Vending machines. EPA finds R-441A, isobutane, and propane as 
acceptable substitutes in vending machines, subject to the same use 
conditions described above for stand-alone retail food refrigeration 
equipment, except that paragraph iii. reads as follows:
    Equipment must meet all requirements of Supplement SA to the 7th 
edition of UL Standard 541, ``Refrigerated Vending Machines,'' dated 
December 30, 2011 (instead of Supplement SB to the 10th edition of UL 
471). Supplement SA specifically addressing flammable refrigerants is 
very similar to the Supplement SB in the UL 471 Standard for commercial 
refrigerators and freezers, and thus, similar requirements apply to 
these types of refrigeration equipment. In UL 541, the relevant 
references on equipment markings for flammable refrigerants in 
Supplement A are Sections SA 6.1.2-SA 6.1.5.
    Vending machines are self-contained units for refrigerating 
beverages or food which dispense goods that must be kept cold or 
frozen. This end-use differs from other retail food refrigeration 
because goods are dispensed, rather than allowing the consumer to reach 
in to grab a beverage or food product. The design of the refrigeration 
system of a vending machine is similar to that of a self-contained 
commercial refrigerator or freezer. Typically the difference lies in 
how payment for goods is made and in the selection mechanisms found in 
vending machines but not in self-contained commercial refrigerator-
freezers, and possibly the outer casing (e.g., glass doors and open, 
reach-in designs are generally used in self-contained commercial 
refrigerator-freezers whereas glass wall and other types of casings are 
used for vending machines). We are aware that for vending machines, it 
is possible to detach easily and replace the refrigeration circuit from 
the outer casing of the equipment. In such a situation, replacing the 
old refrigeration circuit with a new one within the old casing would be 
considered ``new'' equipment and not a retrofit of the old, existing 
equipment.
    5. Residential and light commercial AC and heat pumps. EPA finds 
propane (also known as R-290), difluoromethane (also known as HFC-32 or 
R-32), and R-441A acceptable, subject to use conditions, as substitutes 
in residential and light commercial AC for self-contained room air 
conditioners, including PTAC units and PTHPs, window AC units, and 
portable AC units designed for use in a single room. The use conditions 
require the following:
    i. These refrigerants may be used only in new equipment designed 
specifically, and clearly identified, for the refrigerant--i.e., none 
of these substitutes may be used as a conversion or ``retrofit'' 
refrigerant for existing equipment;
    ii. These refrigerants may be used only in air conditioners that 
meet all requirements listed in Supplement SA to the 8th edition, dated 
August 2, 2012, of UL Standard 484, ``Room Air Conditioners.'' In cases 
where this final rule includes requirements more stringent than those 
of the 8th edition of UL Standard 484, the appliance would need to meet 
the requirements of the final rule in place of the requirements in the 
UL Standard;
    iii. UL 484 includes charge limits for room air conditioners and 
adherence to those charge limits would normally be confirmed by the 
installer. In addition to requiring the charge limits in the UL 484 
Standard, EPA is requiring the following charge size limits, adherence 
to which must be confirmed by the original equipment manufacturer 
(OEM). In cases where the charge size limit listed is different from 
those determined by UL 484, the smaller of the two charge sizes would 
apply. For a review of how these charge size limits were derived, see 
``Derivation of Charge Limits for Room Air Conditioners,'' (EPA, 2015) 
in the docket. The charge size limit must be determined based on the 
type of equipment, the alternative refrigerant used, and the normal 
rated capacity of the unit. The limits are presented in Tables 2 
through 6 below in Section III.C.3, ``Charge size,'' and in Tables A, 
B, C, D and E of the regulatory text at the end of this preamble.
    iv. The air conditioner must have red 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 present at all 
service ports and other parts of the system where service puncturing or 
other actions creating an opening from the refrigerant circuit to the 
atmosphere might be expected and must extend a minimum of one (1) inch 
in both directions from such locations;
    v. The following markings, or the equivalent, must be provided and 
must be permanent:
    (a) On the outside of the air conditioner: ``DANGER--Risk of Fire 
or Explosion. Flammable Refrigerant Used. To Be Repaired Only By 
Trained Service Personnel. Do Not Puncture Refrigerant Tubing.''
    (b) On the outside of the air conditioner: ``CAUTION--Risk of Fire 
or Explosion. Dispose of Properly In Accordance With Federal Or Local 
Regulations. Flammable Refrigerant Used.''
    (c) On the inside of the air conditioner near the compressor: 
``CAUTION--Risk of Fire or Explosion. Flammable Refrigerant Used. 
Consult Repair Manual/Owner's Guide Before Attempting To Service This 
Product. All Safety Precautions Must be Followed.''
    (d) For portable air conditioners, PTAC and PTHP, on the outside of 
the

[[Page 19461]]

product: ``WARNING: Appliance shall be installed, operated and stored 
in a room with a floor area larger than ``X'' m\2\ (Y ft\2\).'' The 
value ``X'' must be determined using the minimum room size in m\2\ 
calculated using Appendix F of UL 484. The evaporator must remain no 
higher than 0.6 m above the floor.
    (e) For window air conditioners, on the outside of the product: 
``WARNING: Appliance shall be installed, operated and stored in a room 
with a floor area larger than ``X'' m\2\ (Y ft\2\).'' The value ``X'' 
must be determined using the minimum room size in m\2\ calculated using 
Appendix F of UL 484. The evaporator must remain no higher than 1.06 m 
above the floor. All of these markings must be in letters no less than 
6.4 mm (\1/4\ inch) high.
    The residential and light commercial AC and heat pumps end-use 
includes equipment for cooling air in individual rooms, in single-
family homes, and sometimes in small commercial buildings. This end-use 
differs from commercial comfort AC, which uses chillers that cool water 
that is then used to cool air throughout a large commercial building, 
such as an office building or hotel. Examples of equipment for 
residential and light commercial AC and heat pumps include:
     Central air conditioners, also called unitary AC or 
unitary split systems. These systems include an outdoor unit with a 
condenser and a compressor, refrigerant lines, an indoor unit with an 
evaporator, and ducts to carry cooled air throughout a building. 
Central heat pumps are similar but offer the choice to either heat or 
cool the indoor space. These systems are not addressed in this rule.\9\
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    \9\ EPA has received submissions for HFC-32 and the hydrocarbon 
blends R-441A and R-443A, and no other flammable refrigerants, in 
new unitary central air conditioners.This action does not address 
flammable refrigerants in unitary central air conditioners. 
Introduction into interstate commerce of refrigerants without giving 
timely and adequate notice to EPA is in violation of Section 612(e) 
of the CAA and the SNAP regulations at 40 CFR part 82, subpart G.
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     Multi-split air conditioners. These systems include one or 
more outdoor unit(s) with a condenser and a compressor and multiple 
indoor units, each of which is connected to the outdoor unit by 
refrigerant lines. These systems are not addressed in this rule.
     Mini-split air conditioners. These systems include an 
outdoor unit with a condenser and a compressor and a single indoor unit 
that is connected to the outdoor unit by refrigerant lines. Cooled air 
exits directly from the indoor unit rather than being carried through 
ducts. These systems are not addressed in this rule.
     Window air conditioners. These are self-contained units 
that fit in a window with the condenser extending outside the window. 
These types of units are regulated under this rule.
     PTAC and PTHP. These are self-contained units that consist 
of a separate, un-encased combination of heating and cooling assemblies 
mounted through a wall.\10\ These types of units are regulated under 
this rule.
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    \10\ Packaged terminal air conditioners are intended for use in 
a single room, or potentially for two rooms next to each other, and 
use no external refrigerant lines. Typical applications include 
motel or dormitory air conditioners.
---------------------------------------------------------------------------

     Portable room air conditioners. These are self-contained, 
factory-sealed, single package units that are designed to be moved 
easily from room to room and are intended to provide supplemental 
cooling within a room. These units typically have wheels or casters for 
portability and, under the UL 484 Standard for room air conditioners, 
must have a fan which operates continuously when the unit is on. 
Portable room air conditioners may contain an exhaust hose that can be 
placed through a window or door to eject heat to the outside. These 
types of units are regulated under this rule.
    Of these types of equipment, window air conditioners, PTAC, PTHP, 
and portable room air conditioners are self-contained equipment with 
the condenser, compressor, evaporator, and tubing all within casing in 
a single unit. These units all fall under the scope of the UL 484 
Standard for room air conditioners. In contrast, unitary split systems, 
multi-split systems and mini-split systems have an outdoor condenser 
that is separated from an indoor unit. Compared to split systems, self-
contained equipment typically has smaller charge sizes, has fewer 
locations that are prone to leak, and is less likely to require 
servicing by a technician, thereby causing refrigerant releases. A 
lower risk of refrigerant releases and a potential for smaller releases 
and lower concentration releases results in lower risk that flammable 
refrigerant could be ignited. Thus, self-contained air conditioners and 
heat pumps using a flammable refrigerant have lower risk for fire than 
split systems using a flammable refrigerant. EPA notes that split 
system AC systems present different technical challenges than self-
contained room AC equipment and are not part of this decision.
    6. Summary. In summary, EPA is listing ethane, isobutane, propane, 
HFC-32, and R-441A as acceptable, subject to use conditions, as 
substitute refrigerants in certain refrigeration and AC end-uses. It is 
legal to use those refrigerants in the specified types of equipment 
under the conditions identified above. Use in the specified types of 
equipment that is not consistent with the use conditions is a violation 
of CAA Section 612 and EPA's implementing regulations for the SNAP 
program. Both the equipment manufacturers and the end users must comply 
with these use conditions.
    The regulatory text of our decisions for the end-uses discussed 
above appears in tables at the end of this preamble. This text will be 
codified at 40 CFR part 82 Subpart G. We note that there may be other 
legal obligations pertaining to the manufacture, use, handling, and 
disposal of hydrocarbons that are not included in the information 
listed in the tables (e.g., Section 608 prohibition on venting, 
releasing, or disposing of refrigerant substitutes or Department of 
Transportation requirements for transport of flammable gases).
    B. What are ethane, isobutane, propane, HFC-32, R-441A, and the 
ASHRAE classifications for refrigerant flammability?
    Ethane, isobutane, and propane are hydrocarbons and R-441A is a 
hydrocarbon blend. Hydrocarbons are highly flammable organic compounds 
made up of hydrogen and carbon. Ethane has two carbons, the chemical 
formula of C2H6, and the CAS Reg. No. 74-84-0. 
Propane has three carbons, the formula C3H8, and 
the CAS Reg. No. 74-98-6. Isobutane has four carbons, the formula 
C4H10, also written as 
CH(CH3)2CH3 to distinguish it from n-
butane, and the CAS Reg. No. 75-28-5. As refrigerants, ethane, propane, 
and isobutane can be referred to by the American Society of Heating, 
Refrigerating and Air-Conditioning Engineers (ASHRAE) designations R-
170, R-290, and R-600a, respectively. R-441A, also known by the trade 
name ``HCR-188C,'' is a hydrocarbon blend \11\ consisting of 55% 
propane, 36% n-butane, 6% isobutane, and 3% ethane by weight.
---------------------------------------------------------------------------

    \11\ EPA notes that under the SNAP program, we review and list 
refrigerants with specific compositions (59 FR 13044; March 18, 
1994). To the extent possible, we follow ASHRAE's designations for 
refrigerants. Blends of refrigerants must be reviewed separately. 
For example, we consider each blend of propane with isobutane to be 
a different and unique refrigerant, and each would require separate 
submission, review and listing. Thus, blends of the refrigerants 
that we are listing as acceptable, subject to use conditions, in 
this rule are not acceptable.
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    HFC-32 is a mildly flammable organic compound made up of hydrogen,

[[Page 19462]]

carbon, and fluorine with the chemical formula 
CF2H2 (CAS Reg. No. 75-10-5).
    The American National Standards Institute (ANSI)/ASHRAE Standard 
34-2010 assigns a safety group classification for each refrigerant 
which consists of two alphanumeric characters (e.g., A2 or B1). The 
capital letter indicates the toxicity and the numeral denotes the 
flammability. ASHRAE classifies Class A refrigerants as refrigerants 
for which toxicity has not been identified at concentrations less than 
or equal to 400 parts per million (ppm) by volume, based on data used 
to determine threshold limit value-time-weighted average (TLV-TWA) or 
consistent indices. Class B signifies refrigerants for which there is 
evidence of toxicity at concentrations below 400 ppm by volume, based 
on data used to determine TLV-TWA or consistent indices. The 
refrigerants are also assigned a flammability classification of 1, 2, 
or 3. Tests are conducted in accordance with ASTM E681 using a spark 
ignition source at 60 [deg]C and 101.3 kPa (ASHRAE, 2010). Figure 1 in 
ANSI/ASHRAE Standard 15-2007 uses the same safety group but limits its 
concentration to 3,400 ppm.
    The flammability classification ``1'' is given to refrigerants 
that, when tested, show no flame propagation. The flammability 
classification ``2'' is given to refrigerants that, when tested, 
exhibit flame propagation, have a heat of combustion less than 19,000 
kJ/kg (8,174 British thermal units (BTU)/lb), and have a lower 
flammability limit (LFL) greater than 0.10 kg/m\3\. Refrigerants within 
flammability classification 2 may optionally be designated in the LFL 
subclass ``2L'' if they have a maximum burning velocity of 10 cm/s or 
lower when tested at 23.0 [deg]C and 101.3 kPa. The flammability 
classification ``3'' is given to refrigerants that, when tested, 
exhibit flame propagation and that either have a heat of combustion of 
19,000 kJ/kg (8,174 BTU/lb) or greater or an LFL of 0.10 kg/m\3\ or 
lower. Thus, refrigerants with flammability classification ``3'' are 
highly flammable, while those with flammability classification ``2'' 
are less flammable and those with flammability classification ``2L'' 
are mildly flammable. For both toxicity and flammability 
classifications, refrigerant blends are designated based on the worst-
case of fractionation determined for the blend (which may be different 
when evaluating toxicity than when evaluating flammability).
[GRAPHIC] [TIFF OMITTED] TR10AP15.000

    Using these safety group classifications, ANSI/ASHRAE Standard 34-
2010 categorizes ethane, isobutane, propane, and R-441A in the A3 
Safety Group and categorizes HFC-32 in the A2L Safety Group.

C. Use Conditions

    EPA is listing ethane, isobutane, propane, HFC-32, and R-441A as 
acceptable, subject to use conditions, in the specified end-uses. The 
use conditions include conditions consistent with industry standards, 
limits on charge size, and requirements for warnings and markings on 
equipment to inform consumers and technicians of potential flammability 
hazards. The listings with specific use conditions are intended to 
allow for the use of these flammable refrigerants in a manner that will 
ensure they do not pose a greater risk to human health or the 
environment than other substitutes that are currently or potentially 
available.
1. New Equipment Only; Not Intended for Use as a Retrofit Alternative
    The refrigerants listed in this final rule may be used only in new 
equipment \12\ designed to address concerns unique to flammable 
refrigerants--i.e., none of these substitutes may be used as a 
conversion or ``retrofit'' refrigerant for existing equipment. The 
flammable refrigerants were not submitted under the SNAP program to be 
used in retrofitted equipment, and no information was provided on how 
to address hazards of flammable refrigerants when used in equipment 
that was designed for non-flammable refrigerants. Introduction into 
interstate commerce of these refrigerants for use in existing 
equipment, or for other end-uses, without giving timely and adequate 
notice to EPA is in violation of Section 612(e) of the CAA and the SNAP 
regulations at 40 CFR part 82, subpart G. In addition, use of these 
refrigerants in existing equipment is in violation of Section 612(c) of 
the CAA and the corresponding SNAP regulations at 40 CFR part 82, 
subpart G.
---------------------------------------------------------------------------

    \12\ This is intended to mean a completely new refrigeration 
circuit containing a new evaporator, condenser and refrigerant 
tubing.
---------------------------------------------------------------------------

2. Standards
    The flammable refrigerants may be used only in equipment that meets 
all requirements in the relevant supplements for flammable refrigerants 
in certain applicable UL standards for refrigeration and AC equipment. 
Specifically, the cited supplements include Supplement SB to UL 471 
10th edition for commercial refrigerators and freezers (including 
stand-alone freezers

[[Page 19463]]

for very low temperature refrigeration), Supplement SA to UL 250 10th 
edition (for household refrigerators and freezers), Supplement SA to UL 
541 7th edition for refrigerated vending machines, and Supplement SA to 
UL 484 8th edition for room air conditioners.
    UL has tested equipment for flammability risk in household and 
retail food refrigeration, vending machines, and room AC. Further, UL 
has developed acceptable safety standards including requirements for 
construction, for markings, and for performance tests concerning 
refrigerant leakage, ignition of switching components, surface 
temperature of parts, and component strength after being scratched. 
These standards were developed in an open and consensus-based approach, 
with the assistance of experts in the refrigeration and AC industry as 
well as experts involved in assessing the safety of products. While 
similar standards exist from other bodies such as the International 
Electrotechnical Commission (IEC), this rule relies on UL standards 
because they are most applicable and recognized by the U.S. market.
i. Incorporation by Reference
    This approach is the same as that in our previous rule on flammable 
refrigerants (December 20, 2011 at 76 FR 78832), through which EPA 
incorporated by reference to 40 CFR part 82, appendix R to subpart G, 
Supplement SA to UL 250 10th edition and Supplement SB to UL 471 10th 
edition. Through this action the EPA is incorporating by reference 
relevant supplements from two additional UL standards: Supplement SA to 
UL 541 7th edition and Supplement SA to UL 484 8th edition. These 
supplements are summarized elsewhere in this document.
    The UL Standards are available for purchase by mail at: COMM 2000; 
151 Eastern Avenue; Bensenville, IL 60106; Email: 2000.com">orders@comm-2000.com; 
Telephone: 1-888-853-3503 in the U.S. or Canada (other countries dial 
+1-415-352-2168); Internet address: http://ulstandardsinfonet.ul.com/ 
or www.comm-2000.com. The cost of a single standard is $400-$500 for 
electronic and $500-$630 for hardcopy. An outline of UL 484 may be 
purchased for $150 electronically or $175 for a hardcopy. UL also 
offers a subscription service to the Standards Certification Customer 
Library (SCCL) that allows unlimited access to their standards and 
related documents. The cost of obtaining these standards is not a 
significant financial burden for equipment manufacturers and purchase 
is not required for those selling, installing and servicing the 
equipment. Therefore, EPA concludes that the UL standards being 
incorporated by reference are reasonably available.
3. Charge Size
    The refrigerants listed in this final rule are subject to use 
conditions that limit the amount of refrigerant allowed in each type of 
appliance. Consistent with previous actions, EPA believes it is 
necessary to set limits on charge size in order for these refrigerants 
not to pose a risk to human health or the environment that is greater 
than the risk posed by other available substitutes. These limits will 
reduce the risk to workers and consumers since under worst-case 
scenario analyses, a leak of the maximum charge sizes allowed under the 
use conditions did not result in concentrations of the refrigerant that 
met or exceeded the LFL, as explained below in Section IV.B, 
``Flammability.''
    The limitations on refrigerant charge size for household and stand-
alone retail food refrigeration equipment, vending machines, and room 
AC units reflect the UL 250, UL 471, UL 541 and UL 484 Standards. As 
discussed above in Section III.C.2, ``Standards,'' we believe UL 
standards are most applicable to the U.S. market and offer requirements 
developed by a consensus of experts. EPA is requiring a charge size not 
to exceed 57 g (2.01 oz) for household refrigerators and freezers, not 
to exceed 150 g (5.29 oz) for retail food refrigeration in stand-alone 
units, and not to exceed 150 g (5.29 oz) for vending machines. The 
maximum charge size limit for room AC units varies, as discussed below. 
To place these quantities in context, the charge size of a disposable 
lighter is approximately 30 g (1.06 oz).
    The UL 250 Standard for household refrigerators and freezers limits 
the amount of refrigerant that may leak to no more than 50 g (1.76 oz). 
EPA is requiring a charge size of 57 g (2.01 oz) to allow for up to 7 g 
(0.25 oz) of refrigerant that might be solubilized in the oil (and 
assumed not to leak or immediately vaporize with the refrigerant in 
case of a leak). EPA bases this estimate on information received from a 
manufacturer of hydrocarbon-based refrigerator-freezers (see EPA-HQ-
OAR-2009-0286-0033 on www.regulations.gov).
    UL Standards 471 (retail food refrigeration) and 541 (vending 
machines) limit the amount of refrigerant leaked to 150 g (5.29 oz). 
Furthermore, the charge size limit for A3 refrigerants (for retail food 
refrigeration) is in line with the IEC 60335-2-89 Standard for 
commercial appliances, which has a charge size limit of 150 g (5.29 
oz).
    As noted above, EPA is requiring a varying charge size for room AC 
units. The maximum charge must be no greater than the amount calculated 
for a given sized space according to Appendix F to Supplement SA of UL 
Standard 484. This section of the UL standard uses a formula for the 
charge of a fixed room air conditioner based upon the size of the space 
where the refrigerant may escape and the LFL of the refrigerant. Height 
of the mounting of the unit is also a variable, because empirical 
studies have found that leaked refrigerant is more likely to mix 
thoroughly with the surrounding air, rather than pooling, when the AC 
unit is mounted higher. The formula is as follows:
[GRAPHIC] [TIFF OMITTED] TR10AP15.001

Where,
Mmax is the maximum charge size allowed for the space, in 
kg,
LFL is the lower flammability limit of the refrigerant in kg/m\3\,
h0 is the installation height of the indoor unit in m 
(0.6 m for an AC unit on the floor, 1.0 m for an AC unit in a 
window, 1.8 m for a wall-mounted AC unit, and 2.2 m for a ceiling-
mounted AC unit), and
A is the floor area of the room, in m\2\.

    The equipment manufacturer would then design AC units to be used in 
rooms with a minimum size and would label the minimum room size on the 
equipment.
    In addition to the formula above, UL 484 has a requirement that the 
maximum charge for a fixed room air conditioner may not exceed the 
amount calculated using the following formula:

m2 = (26 m\3\) x LFL

Where,
m2 is the maximum charge size allowed, in kg,
26 m\3\ is a constant, and
LFL is the lower flammability limit of the refrigerant in kg/m\3\.

    That formula sets maximum limits on refrigerant in a room air 
conditioner. With the A3 refrigerants, the maximum value is 1 kg.
    In addition, Appendix F of UL 484 sets alternative requirements for 
non-fixed units such as portable air conditioners. Portable air 
conditioners are usually located on the floor of a room, and thus, if 
they followed the formula for fixed appliances, they would be assumed 
to have a height of 0.6 m, and would have relatively low charge sizes. 
However, Sections F.1.7 uses a different formula that allows for

[[Page 19464]]

a potentially larger charge size for non-fixed units. Sections F.1.8 
through F.1.14 of UL 484 set additional requirements for non-fixed 
units to further reduce flammability risk. Among these provisions are 
requirements for a drop test, a vibration test, and a continuously 
operating fan, which would ensure that any leaked refrigerant is 
rapidly mixed and its concentration reduced. Thus, a different approach 
is used in the formula for determining charge sizes of non-fixed units; 
for example, the height of 0.6 m that might otherwise be assumed for 
PTACs is not used for a portable unit.
    Although using a formula to determine the maximum charge size and 
minimum room size is appropriate from an engineering perspective, it 
does not ensure that a consumer will select an appropriate AC unit for 
the size of their room. It is likely that some consumers may be unaware 
of the exact size of the room to be cooled and thus may select an 
inappropriately sized AC unit that increases the flammability risk. Or, 
a consumer may believe that a larger, more powerful AC unit will 
provide better, faster cooling and therefore may select an 
inappropriately sized AC unit that increases the flammability risk. To 
address these concerns, EPA is supplementing the charge size guidelines 
in Appendix F of UL 484 with a use condition that restricts the maximum 
refrigerant charge of equipment based upon the cooling capacity needed, 
in BTU/hour. Equipment manufacturers are responsible for designing 
equipment below a maximum charge size consistent with the intended 
cooling capacity. This will allow the manufacturer, who is better 
positioned than the consumer, to address these challenges. Placing the 
responsibility on the manufacturer to design equipment that restricts 
the maximum refrigerant charge based upon the cooling capacity needed 
also provides a better means for EPA to ensure compliance with the use 
conditions, and thus to ensure that the risk to human health will not 
be greater than that posed by other available substitutes. We believe 
that these requirements, in combination with the other use conditions 
and commonly found informational materials, provide sufficient 
safeguards against instances of consumers selecting inappropriately-
sized equipment.
    EPA has based its charge limits upon appropriate capacity needs for 
an area to be cooled and the requirements for refrigerant charge 
relative to room size in Appendix F of UL 484, discussed above. A 
document in the docket describes this relationship in tables in a 
spreadsheet (EPA, 2015). The charge limits for each refrigerant by 
equipment type and mounting location are as follows:

                                                                                   Table 2--Window AC Units *
                                                                   [Maximum charge size by unit capacity and refrigerant used]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Charge size in kg (by associated capacity in BTU/hr)
                            Refrigerant                            -----------------------------------------------------------------------------------------------------------------------------
                                                                     5,000    6,000    7,000    8,000    9,000    10,000   12,000   14,000   18,000   21,000   23,000   24,000   30,000   34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32..............................................................     1.73     2.12     2.74     3.00     3.24     3.47     3.68     4.07     4.59     5.48     6.01     6.49     6.72     7.76
R-290.............................................................     0.13     0.16     0.20     0.22     0.24     0.26     0.27     0.30     0.34     0.40     0.44     0.48     0.50     0.57
R-441A............................................................     0.14     0.17     0.22     0.24     0.26     0.28     0.30     0.33     0.37     0.44     0.49     0.53     0.54     0.63
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 1 m, but not more than 1.8 m, above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and
  larger capacities listed in the table.


                                                                      Table 3--Packaged Terminal AC Units and Heat Pumps *
                                                                   [Maximum charge size by unit capacity and refrigerant used]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Charge size in kg (by associated capacity in BTU/hr)
                            Refrigerant                            -----------------------------------------------------------------------------------------------------------------------------
                                                                     5,000    6,000    7,000    8,000    9,000    10,000   12,000   14,000   18,000   21,000   23,000   24,000   30,000   34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32..............................................................     1.04     1.27     1.65     1.80     1.95     2.08     2.21     2.44     2.75     3.29     3.60     3.89     4.03     4.65
R-290.............................................................     0.08     0.09     0.12     0.13     0.14     0.15     0.16     0.18     0.20     0.24     0.27     0.29     0.30     0.34
R-441A............................................................     0.08     0.10     0.13     0.15     0.16     0.17     0.18     0.20     0.22     0.27     0.29     0.32     0.33     0.38
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 0.6 m, but not more than 1.0 m, above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and
  larger capacities listed in the table.


                                                           Table 4--Wall-Mounted AC Units * With Compressor 1.8 m Above Floor Level *
                                                                   [Maximum charge size by unit capacity and refrigerant used]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Charge size in kg (by associated capacity in BTU/hr)
                            Refrigerant                            -----------------------------------------------------------------------------------------------------------------------------
                                                                     5,000    6,000    7,000    8,000    9,000    10,000   12,000   14,000   18,000   21,000   23,000   24,000   30,000   34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32..............................................................     3.12     3.82     4.94     5.41     5.84     6.24     6.62     7.32     7.96     7.96     7.96     7.96     7.96     7.96
R-290.............................................................     0.23     0.28     0.36     0.40     0.43     0.46     0.49     0.54     0.61     0.73     0.80     0.86     0.89     1.00
R-441A............................................................     0.25     0.31     0.40     0.44     0.47     0.51     0.54     0.59     0.67     0.80     0.88     0.95     0.98     1.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 1.8 m, but not more than 2.2 m, above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and
  larger capacities listed in the table.


[[Page 19465]]


                                                                               Table 5--Ceiling-Mounted AC Units *
                                                                   [Maximum charge size by unit capacity and refrigerant used]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Charge size in kg (by associated capacity in BTU/hr)
                            Refrigerant                            -----------------------------------------------------------------------------------------------------------------------------
                                                                     5,000    6,000    7,000    8,000    9,000    10,000   12,000   14,000   18,000   21,000   23,000   24,000   30,000   34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32..............................................................     3.82     4.67     6.03     6.61     7.14     7.63     7.96     7.96     7.96     7.96     7.96     7.96     7.96     7.96
R-290.............................................................     0.28     0.34     0.44     0.49     0.53     0.56     0.60     0.66     0.74     0.89     0.97     1.00     1.00     1.00
R-441A............................................................     0.31     0.38     0.49     0.54     0.58     0.62     0.66     0.73     0.82     0.98     1.00     1.00     1.00     1.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes the evaporator is at least 2.2 m above the floor. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and larger capacities listed
  in the table.


                                                                                Table 6--Portable Room AC Units *
                                                                   [Maximum charge size by unit capacity and refrigerant used]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Charge size in kg (by associated capacity in BTU/hr)
                            Refrigerant                            -----------------------------------------------------------------------------------------------------------------------------
                                                                     5,000    6,000    7,000    8,000    9,000    10,000   12,000   14,000   18,000   21,000   23,000   24,000   30,000   34,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R-32..............................................................     1.56     2.35     2.45     2.45     2.45     2.45     2.45     2.45     2.45     2.45     2.45     2.45     2.45     2.45
R-290.............................................................     0.19     0.29     0.30     0.30     0.30     0.30     0.30     0.30     0.30     0.30     0.30     0.30     0.30     0.30
R-441A............................................................     0.21     0.31     0.33     0.33     0.33     0.33     0.33     0.33     0.33     0.33     0.33     0.33     0.33     0.33
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Assumes equipment meeting UL 484 requirements for non-fixed equipment. Cooling capacities between those in the table are to be linearly interpolated between the next smaller and larger
  capacities listed in the table.

    In cases where the rated capacity exceeds the maximum shown on the 
table, the maximum charge size in the table for that refrigerant 
applies. In cases where the normal rated capacity lies between two 
values listed next to each other in the table, the maximum charge size 
should be determined based on a linear interpolation between the two 
respective charge sizes. We assume that room air conditioners will be 
at least 5,000 BTU/hr in capacity; this corresponds to cooling a floor 
area of roughly 100 square feet or 9.3 m\2\ and it is the lowest value 
observed at a popular retailer's Web site (www.homedepot.com).
4. Color-Coded Hoses and Piping
    Equipment must have distinguishing color-coded hoses and piping to 
indicate use of a flammable refrigerant. This will help alert 
technicians immediately to the use of a flammable refrigerant, thereby 
reducing the risk of using sparking equipment or otherwise having an 
ignition source nearby. The AC and refrigeration industry currently 
uses distinguishing colors as a means of identifying different 
refrigerants in containers, and so this approach is consistent with 
industry practice. Likewise, distinguishing coloring has been used 
elsewhere to indicate an unusual and potentially dangerous situation, 
for example in the use of orange-insulated wires in hybrid electric 
vehicles. Currently, no industry standard exists for color-coded hoses 
or pipes for ethane, HFC-32, isobutane, propane, or R-441A. The final 
use condition requires all such refrigerator tubing to be colored red 
PMS #185 to match the red band displayed on the container of flammable 
refrigerants under the Air Conditioning, Heating and Refrigeration 
Institute (AHRI) Guideline ``N'' 2012, ``2012 Guideline for Assignment 
of Refrigerant Container Colors.''
    A cost-effective alternative to painting or dying the hose or pipe 
would be to instead add a colored plastic sleeve or cap to the service 
tube that is the same red color (PMS #185). The sleeve could also be 
boldly marked with a graphic to indicate that the refrigerant is 
flammable. The colored plastic sleeve or cap would have to be installed 
in such a way as to require that it be forcibly removed in order to 
access the service tube. This would alert 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. 
EPA is also concerned with ensuring adequate notification of the 
presence of flammable refrigerants for personnel disposing of 
appliances containing flammable refrigerants.
    EPA believes the use of color-coded hoses or piping (including the 
use of sleeves), as well as the use of warning labels discussed below, 
is reasonable and consistent with other general industry practices. 
This approach is the same as that adopted in our previous rule on 
flammable refrigerants (December 20, 2011, at 76 FR 78832).
5. Labeling
    As a use condition, EPA is requiring labeling of new household and 
retail refrigerators and freezers, vending machines, non-mechanical 
heat transfer equipment, very low temperature refrigeration equipment, 
and room air conditioners that are designed to use one of the 
refrigerants subject to the acceptability determinations in this 
action. EPA is requiring that the warning labels on the equipment 
contain letters at least \1/4\ inch high, and be permanently affixed to 
the equipment. Warning label language requirements are found in Section 
III.A of this rule, ``Listing decisions: substitutes and end-uses,'' as 
well as in the regulatory text. The warning label language is similar 
to or exactly the same as that required in the following UL standards: 
UL 250 in Section SA6.1 for household refrigerators and freezers; UL 
541 in Section SA6.1 for vending machines; UL 471 in Section SB6.1 for 
commercial refrigerators and freezers; and UL 484 in Section SA6.1 for 
room AC units.
    EPA believes that it would be difficult to see warning labels with 
the minimum lettering height requirement of \1/8\ inch provided in 
these UL standards. Therefore, consistent with the use conditions in 
our previous hydrocarbon refrigerants rule (December 20, 2011 at 76 FR 
78832), the minimum height for lettering must be \1/4\ inch as opposed 
to \1/8\ inch, which will make it easier for technicians, consumers, 
retail storeowners, and emergency first responders to view the warning 
labels. We understand that UL is considering revising its standards to 
be consistent with this requirement.

[[Page 19466]]

D. Venting Prohibition

1. What are the statutory requirements concerning venting, release, or 
disposal of refrigerants and refrigerant substitutes under section 608 
of the CAA?
    The statutory requirements concerning venting, release, or disposal 
of refrigerants and refrigerant substitutes are under Section 608 of 
the CAA. Section 608 of the Act as amended, titled National Recycling 
and Emission Reduction Program, requires EPA to establish regulations 
governing the use and disposal of ODS used as refrigerants, such as 
certain CFCs and HCFCs, during the service, repair, or disposal of 
appliances and industrial process refrigeration (IPR). EPA's authority 
to promulgate the regulatory revisions in this action is based in part 
on Section 608 of the CAA. Section 608(c)(1) provides that it is 
unlawful for any person, in the course of maintaining, servicing, 
repairing, or disposing of an appliance (or IPR), to knowingly vent, or 
otherwise knowingly release or dispose of, any class I or class II 
substance used as a refrigerant in that appliance (or IPR) in a manner 
which permits the ODS to enter the environment.
    Section 608(c)(1) further exempts from this self-effectuating 
prohibition de minimis releases associated with good faith attempts to 
recapture and recycle or safely dispose of such a substance. EPA, as 
set forth in its regulations, interprets releases to meet the criteria 
for exempted de minimis releases if they occur when the recycling and 
recovery requirements of regulations promulgated under sections 608 and 
609 are followed. 40 CFR 82.154(a)(2).
    Section 608(c)(2) extends the prohibition in Section 608(c)(1) to 
knowingly venting or otherwise knowingly releasing or disposing of any 
refrigerant substitute for class I or class II substances by any person 
maintaining, servicing, repairing, or disposing of appliances or IPR. 
This prohibition applies to any substitute unless the Administrator 
determines that such venting, releasing, or disposing does not pose a 
threat to the environment. Thus, section 608(c) provides EPA authority 
to promulgate regulations to interpret, implement, and enforce this 
prohibition on venting, releasing, or disposing of class I or class II 
substances and their refrigerant substitutes, which we refer to as the 
``venting prohibition'' in this action. EPA's authority under Section 
608(c) includes authority to implement Section 608(c)(2) by exempting 
certain substitutes for class I or class II substances from the venting 
prohibition when the Administrator determines that such venting, 
release, or disposal does not pose a threat to the environment.
2. What are EPA's regulations concerning venting, releasing, or 
disposing of refrigerant substitutes?
    Regulations promulgated under Section 608 of the Act, published on 
May 14, 1993 (58 FR 28660), established a recycling program for ozone-
depleting refrigerants recovered during the servicing and maintenance 
of refrigeration and AC appliances. In the same 1993 rule, EPA also 
promulgated regulations implementing the Section 608(c) prohibition on 
knowingly venting, releasing, or disposing of class I or class II 
controlled substances. These regulations were designed to substantially 
reduce the use and emissions of ozone-depleting refrigerants.
    EPA issued a final rule on March 12, 2004, at 69 FR 11946, and a 
second rule on April 13, 2005, at 70 FR 19273, clarifying how the 
venting prohibition in Section 608(c) applies to substitutes for CFC 
and HCFC refrigerants (e.g., HFCs and perfluorocarbons (PFCs)) during 
the maintenance, service, repair, or disposal of appliances. These 
regulations are codified at 40 CFR part 82, subpart F. In relevant 
part, they provide that no person maintaining, servicing, repairing, or 
disposing of appliances may knowingly vent or otherwise release into 
the environment any refrigerant or substitute from such appliances, 
with the exception of the following substitutes in the following end-
uses, effective June 23, 2014:
    (A) Isobutane and R-441A in household refrigerators, freezers, and 
combination refrigerators and freezers; or
    (B) Propane in retail food refrigerators and freezers (stand-alone 
units only).
    As explained in an earlier EPA rulemaking concerning refrigerant 
substitutes, EPA has not promulgated regulations requiring 
certification of refrigerant recycling/recovery equipment intended for 
use with substitutes to date (70 FR 19275; April 13, 2005). However, as 
EPA noted, the lack of a current regulatory provision should not be 
considered as an exemption from the venting prohibition for substitutes 
that are not expressly exempted in Section 82.154(a) (id.). EPA has 
also noted that, in accordance with Section 608(c) of the Act, the 
regulatory prohibition at Section 82.154(a) reflects the statutory 
references to de minimis releases of substitutes as they pertain to 
good faith attempts to recover and recycle or safely dispose of non-
exempted substitutes (id.).
    On May 23, 2014, at 79 FR 29682, EPA exempted from the venting 
prohibition three hydrocarbon refrigerant substitutes listed as 
acceptable, subject to use conditions, in the specified end-uses: 
isobutane and R-441A, as refrigerant substitutes in household 
refrigerators, freezers, and combination refrigerators and freezers; 
and propane as a refrigerant substitute in retail food refrigerators 
and freezers (stand-alone units only). That rule does not apply to 
blends of hydrocarbons with other refrigerants or containing any amount 
of any CFC, HCFC, HFC, or PFC.
    In that action, EPA determined that for the purposes of CAA Section 
608(c)(2), the venting, release, or disposal of such hydrocarbon 
refrigerant substitutes in the specified end-uses does not pose a 
threat to the environment, considering both the inherent 
characteristics of these substances and the limited quantities used in 
the relevant applications. EPA further concluded that other 
authorities, controls, or practices that apply to such refrigerant 
substitutes help to mitigate environmental risk from the release of 
those three hydrocarbon refrigerant substitutes. For example, state and 
local air quality agencies may include VOC emissions reduction 
strategies in State Implementation Plans (SIPs) developed to meet and 
maintain the NAAQS that would apply to hydrocarbon refrigerants.
3. What is EPA requiring regarding venting, release, or disposal of 
refrigerant substitutes, other than hydrocarbons, included in this 
action?
    This rule regulates the use of HFC-32 in room AC units. All HFCs 
are currently subject to the venting prohibition. EPA is not extending 
the exemption to the venting prohibition in this action to HFC-32 or 
any refrigerant blends that contain HFC-32 or any other HFC. Further, 
the exemption to the venting prohibition in this action does not extend 
to blends containing hydrocarbons with other types of compounds, e.g., 
blends of HFCs and hydrocarbons. Such refrigerant substitutes are still 
subject to the statutory and regulatory venting prohibition.
4. What is EPA's determination regarding whether venting of 
hydrocarbons listed as acceptable, subject to use conditions, in the 
end-uses in this action poses a threat to the environment?
    For purposes of Section 608(c)(2) of the CAA, EPA considers two 
factors in determining whether or not venting, release, or disposal of 
a refrigerant

[[Page 19467]]

substitute during the maintenance, servicing, repairing, or disposing 
of appliances poses a threat to the environment. See 69 FR 11948 (March 
12, 2004); 79 FR 29682 (May 23, 2014). First, EPA analyzes the threat 
to the environment due to inherent characteristics of the refrigerant 
substitute, such as GWP. Second, EPA determines whether and to what 
extent venting, release, or disposal actually takes place during the 
maintenance, servicing, repairing, or disposing of appliances, and to 
what extent such actions are controlled by other authorities, 
regulations, or practices. To the extent that such releases are 
adequately controlled by other authorities, EPA defers to those 
authorities. In addition, we considered the public comments we received 
on the proposed rule on this topic. We received no comments that caused 
us to change our proposed conclusion that venting, release, or disposal 
of the specified refrigerant substitutes in the specified end-uses does 
not pose a threat to the environment. Therefore, we are finalizing this 
portion of the rule as originally proposed.
i. Potential environmental impacts
    EPA has evaluated the potential environmental impacts of releasing 
into the environment the four hydrocarbon refrigerant substitutes that 
we are listing under the SNAP program as acceptable, subject to use 
conditions, in the specified end-uses--i.e., ethane in very low 
temperature refrigeration equipment and equipment for non-mechanical 
heat transfer; isobutane in retail food refrigerators and freezers 
(stand-alone equipment only) and vending machines; propane in household 
refrigerators and freezers and combination refrigerators and freezers, 
vending machines, and self-contained room air conditioners for 
residential and light commercial air conditioning and heat pumps; and 
R-441A in retail food refrigerators and freezers (stand-alone equipment 
only), vending machines, and self-contained room air conditioners for 
residential and light commercial air conditioning and heat pumps. In 
particular, we assessed the potential impact of the release of 
additional hydrocarbons on local air quality and their ability to 
decompose in the atmosphere, their ODP, their GWPs, and potential 
impacts on ecosystems.
    As explained in Section IV.A, ``Effects on the environment,'' the 
ODP of these hydrocarbons is zero, the GWPs are less than 10, and 
effects on aquatic life are expected to be small. As to potential 
effects on local air quality, based on the analysis and modeling 
results described in the proposal and in Section IV.A of this preamble, 
EPA concludes that the four hydrocarbon refrigerant substitutes listed 
in this action for their specific end-uses are expected to have little 
impact on local air quality.
    In addition, when examining all hydrocarbon substitute refrigerants 
in those uses for which UL currently has standards in place, for which 
the SNAP program has already listed the uses as acceptable subject to 
use conditions, or for which the SNAP program is reviewing a 
submission, including those in this rule, we found that even if all the 
refrigerant in appliances in end-uses addressed in this rule were to be 
emitted, there would be a worst-case impact of less than 0.15 ppb for 
ground-level ozone in the Los Angeles area. In light of its evaluation 
of potential environmental impacts, EPA concludes that the four 
hydrocarbon refrigerant substitutes in the end-uses at issue in this 
rule are not expected to pose a threat to the environment on the basis 
of the inherent characteristics of these substances and the limited 
quantities used in the relevant end-uses (ICF, 2014a).
ii. Toxicity and Flammability
    As discussed in Sections IV.B, ``Flammability'' and IV.C., 
``Toxicity and asphyxiation,'' EPA's SNAP program evaluated the 
flammability and toxicity risks from the substitute refrigerants in 
this rule. EPA is providing some of that information in this section as 
well.
    Hydrocarbons, including ethane, propane, isobutane and the 
hydrocarbon blend R-441A, are classified as A3 refrigerants by ASHRAE 
Standard 34-2010, indicating that they have low toxicity and high 
flammability. Hydrocarbons in this rule have LFLs ranging from 1.8% to 
3.0% (18,000 ppm to 30,000 ppm). To address flammability risks, this 
rule contains recommendations for their safe use (see Section III.E., 
``Recommendations for the safe use of flammable substitute 
refrigerants'' below) and specified use conditions. The SNAP program's 
analysis suggests that the use conditions in this rule mitigate 
flammability risks.
    Like most refrigerants, at high concentrations hydrocarbons can 
displace oxygen and cause asphyxiation. Various industry and regulatory 
standards exist to address asphyxiation and toxicity risks. The SNAP 
program's analysis of asphyxiation and toxicity risks suggests that the 
use conditions in this rule mitigate asphyxiation and toxicity risks. 
Furthermore, the Agency believes that the flammability risks and 
occupational exposures to hydrocarbons are adequately regulated by OSHA 
and building and fire codes at a local and national level.
iii. Authorities, Controls, or Practices
    EPA believes that existing authorities, controls, or practices will 
mitigate environmental risk from the release of these hydrocarbon 
refrigerant substitutes. Analyses performed for both this rule and the 
SNAP rules issued in 1994 and 2011 (March 17, 1994, at 59 FR 13044 and 
December 20, 2011, at 76 FR 38832, respectively) indicate that existing 
regulatory requirements and industry practices designed to limit and 
control these substances adequately control the emission of the 
hydrocarbon refrigerant substitutes listed in this action. As explained 
below, EPA concludes that the limits and controls under other 
authorities, regulations, or practices adequately control the release 
of and exposure to the four hydrocarbon refrigerant substitutes and 
mitigate risks from any possible release.
    As mentioned above, the determination of whether venting, release, 
or disposal of a substitute refrigerant poses a threat to the 
environment includes considering the extent that such venting, release, 
or disposal is adequately controlled by other authorities, regulations, 
or practices. As such, this conclusion is another part of the 
determination that the venting, release, or disposal of these four 
hydrocarbon refrigerant substitutes, in the specified end-uses and 
subject to the use conditions in this action, does not pose a threat to 
the environment.
    Industry service practices and OSHA standards and guidelines that 
address hydrocarbon refrigeration equipment, include monitoring 
efforts, engineering controls, and operating procedures. OSHA 
requirements that apply during servicing include continuous monitoring 
of explosive gas concentrations and oxygen levels. In general, 
hydrocarbon emissions from refrigeration systems are likely to be 
significantly smaller than those emanating from the industrial process 
and storage systems, which are controlled for safety reasons. In the 
SNAP listings in Section III.A, ``Listing decisions: substitutes and 
end-uses,'' we note that the amount of refrigerant substitute from a 
refrigerant loop is limited: 57 g for household refrigerators and 
freezers; 150 g for commercial stand-alone refrigerators and freezers, 
very low temperature refrigeration equipment non-mechanical heat 
transfer equipment, and vending machines; with larger but still limited 
charges for room

[[Page 19468]]

air conditioners (1,000 g for hydrocarbon refrigerants). This indicates 
that hydrocarbon emissions from such uses are likely to be relatively 
small.
    Hydrocarbons that are also VOC may be regulated as VOC under 
sections of the CAA that address nonattainment, attainment, and 
maintenance of the NAAQS for ground-level ozone, including those 
sections addressing development of SIPs and those addressing permitting 
of VOC sources.
    The release and/or disposal of many refrigerant substitutes, 
including hydrocarbons, are controlled by other authorities including 
those established by OSHA and the National Institute for Occupational 
Safety and Health's (NIOSH) guidelines, various standards, and state 
and local building codes. To the extent that release during 
maintaining, repairing, servicing, or disposing of appliances is 
controlled by regulations and standards of other authorities, EPA 
believes these practices and controls for the use of hydrocarbons are 
sufficiently protective. These practices and controls mitigate the risk 
to the environment that may be posed by the venting, release, or 
disposal of these four hydrocarbon refrigerants during the maintaining, 
servicing, repairing, or disposing of appliances.
    EPA is now aware of equipment that can be used to recover 
hydrocarbon refrigerants. While there are no relevant U.S. standards 
for such recovery equipment, to the extent that these hydrocarbons are 
recovered rather than vented in specific end-uses and equipment, EPA 
recommends the use of recovery equipment designed specifically for 
flammable refrigerants in accordance with applicable safe handling 
practices.
iv. Conclusion
    EPA has reviewed the potential environmental impacts of the four 
hydrocarbon refrigerant substitutes in the end-uses in this action, as 
well as the authorities, controls, and practices in place for those 
hydrocarbon refrigerant substitutes. EPA also considered the public 
comments on the proposal for this action. Based on this review, EPA 
concludes that these four hydrocarbon refrigerant substitutes in these 
end-uses and subject to these use conditions are not expected to pose a 
threat to the environment based on the inherent characteristics of 
these substances and the limited quantities used in the relevant 
applications. EPA additionally concludes that existing authorities, 
controls, or practices help mitigate environmental risk from the 
release of those four hydrocarbons in these end-uses and subject to 
these use conditions. In light of these conclusions and those described 
or identified above in this section, EPA is determining that based on 
current evidence and risk analyses, the venting, release, or disposal 
of these four hydrocarbon refrigerant substitutes in these end-uses, 
and during the maintenance, servicing, repairing or disposing of the 
relevant appliances or equipment, does not pose a threat to the 
environment. Furthermore, EPA is exempting from the venting prohibition 
at 40 CFR 82.154(a)(1) these additional end-uses for which these 
hydrocarbons are being listed as acceptable, subject to use conditions, 
under the SNAP program.
    This exemption does not mean that hydrocarbons can be vented in all 
situations at this time. Hydrocarbons being recovered, vented, or 
otherwise disposed of from commercial and industrial appliances are 
likely to be hazardous waste under the Resource Conservation and 
Recovery Act (RCRA) (see 40 CFR parts 261-270). As discussed in the 
final rule allowing for the venting of isobutane and R-441A as 
refrigerant substitutes in household refrigerators, freezers, and 
combination refrigerators and freezers, and propane as a refrigerant 
substitute in retail food refrigerators and freezers (stand-alone units 
only), incidental releases may occur during the maintenance, service, 
and repair of appliances. Nor would this activity be subject to RCRA 
requirements for the disposal of hazardous waste, as such releases 
would not constitute disposal of the refrigerant charge as a solid 
waste, per se. Disposal of hydrocarbons from household appliances is 
also not considered disposal of a hazardous waste under the existing 
RCRA regulations and could be vented under the household hazardous 
waste exemption. See 40 CFR 261.4(b)(1). However, for commercial and 
industrial appliances, it is likely that flammable hydrocarbon 
refrigerant substitutes would be classified as hazardous waste and 
would need to be managed as hazardous waste under the RCRA regulations 
(40 CFR parts 261-270).

E. Recommendations for the Safe use of Flammable Substitute 
Refrigerants

    EPA recommends that only technicians specifically trained in 
handling flammable refrigerant substitutes dispose of or service 
refrigeration and AC equipment containing these substances. Technicians 
should know how to minimize the risk of fire and the procedures for 
using flammable refrigerant substitutes safely. Releases of large 
quantities of flammable refrigerants during servicing and 
manufacturing, especially in enclosed, poorly ventilated spaces or in 
areas where large amounts of refrigerant are stored, could cause an 
explosion if an ignition source exists nearby. For these reasons, it is 
important that only properly trained technicians handle flammable 
refrigerant substitutes when maintaining, servicing, repairing, or 
disposing of household and retail food refrigerators and freezers, very 
low temperature freezers, non-mechanical heat transfer equipment (e.g., 
thermosiphons), and room air conditioners. In addition, EPA recommends 
that if hydrocarbon refrigerant substitutes are vented, released, or 
disposed of (rather than recovered), as would be allowed in most of the 
specified end-uses in this rule, the release should be in a well-
ventilated area, such as outside of a building.
    We are aware that at least two organizations, Refrigeration Service 
Engineers Society (RSES) and the ESCO Institute, have developed 
technician training programs in collaboration with refrigeration 
equipment manufacturers and users that address safe use of flammable 
refrigerant substitutes. In addition, EPA has reviewed several training 
programs provided as part of SNAP submissions from persons interested 
in flammable refrigerant substitutes. The agency intends to update the 
test bank for technician certification under Section 608 of the CAA as 
we have done previously, and will consider including additional 
questions on flammable refrigerants. By adding such questions to the 
test bank, EPA would supplement but would not replace technician 
training programs currently provided by non-government entities. EPA 
will seek additional information and guidance on how best to 
incorporate this content through a separate process outside of this 
final rule.

IV. What criteria did EPA consider in determining whether to list the 
substitutes as acceptable and in determining the use conditions, and 
how does EPA consider those criteria?

    As discussed above, Section 612(c) of the CAA directs EPA to 
publish lists of acceptable substitutes for specific uses. EPA 
considers whether the risks to human health and the environment of a 
substitute poses less risk than that posed by other substitutes that 
are currently or potentially available. EPA also considers whether the 
substitute for class I and class II ODS poses lower overall risk to 
human health and the

[[Page 19469]]

environment as compared to the ODS historically used in the end-use. 
The criteria we review are listed at 40 CFR 82.180(a)(7). These 
criteria are: (i) atmospheric effects and related health and 
environmental impacts; (ii) general population risks from ambient 
exposure to compounds with direct toxicity and to increased ground-
level ozone; (iii) ecosystem risks; (iv) occupational risks; (v) 
consumer risks; (vi) flammability; and (vii) cost and availability of 
the substitute.
    EPA evaluated each of the criteria for each substitute in each end-
use in this action and then for each substitute, we considered overall 
risk to human health and the environment in comparison to other 
available or potentially available alternatives in the same end-uses. 
Based on our evaluations, we may reach different conclusions about the 
same substitute in different end-uses, because of different risk 
profiles (e.g., different exposure levels and usage patterns) and 
different sets of available or potentially available substitutes for 
each end-use.
    As we have noted previously, environmental and human health 
exposures can vary significantly depending on the particular 
application of a substitute--and over time, information available 
regarding a substitute can change. See 78 FR at 29035 (May 17, 2013). 
SNAP's comparative risk framework does not imply fundamental tradeoffs 
with respect to different types of risk, either to the environment or 
to human health. For example, in this rule, we considered all the human 
health and environmental criteria, and addressed the potential risks 
from flammability by imposing use conditions, rather than deciding that 
other criteria were more important. EPA recognizes that during the more 
than two-decade history of the SNAP program, new information about 
alternatives already found acceptable has become available and new 
alternatives have emerged. To the extent possible, for each SNAP 
review, EPA considers information current at the time of the review 
which has improved our understanding of the risk factors for the 
environment and human health in the context of the available or 
potentially available alternatives for a given use.

A. Effects on the Environment

    The SNAP program considers a number of environmental criteria when 
evaluating substitutes: ODP; climate effects, primarily based on GWP; 
local air quality impacts, particularly potential impacts on smog 
formation from emissions of VOC; and ecosystem effects, particularly 
from negative impacts on aquatic life. These and other environmental 
and health risks are discussed below.
    The ODP is the ratio of the impact on stratospheric ozone of a 
chemical compared to the impact of an identical mass of CFC-11. Thus, 
the ODP of CFC-11 is defined to be one (1.0). Other ODS have ODPs that 
range from 0.01 to ten (10.0).
    All refrigerant substitutes in this final rule have an ODP of zero, 
lower than the ODP of ozone depleting refrigerants such as CFC-12 (ODP 
= 1.0); HCFC-22 (ODP = 0.055); R-13B1 (ODP = 10) and R-502 (ODP = 
0.334). The most commonly used substitutes in the end-uses addressed in 
this final rule also have an ODP of zero (e.g., R-404A, R-134a, R-410A, 
and R-407C).\13\ Some less common alternatives for these end-uses, such 
as R-401A, R-414A, and other blends containing HCFC-22 or HCFC-
142b,\14\ have ODPs ranging from 0.01 to 0.047. Thus, the refrigerant 
substitutes in this rule have ODPs lower than or identical to the ODPs 
of other available substitutes and of ODS historically used in the end-
uses addressed in this rule.
---------------------------------------------------------------------------

    \13\ We assume that substitutes containing no chlorine, bromine, 
or iodine have an ODP of zero.
    \14\ Under EPA's phaseout regulations, virgin HCFC-22, HCFC-
142b, and blends containing HCFC-22 or HCFC-142b may only be used to 
service existing appliances. Consequently, virgin HCFC-22, HCFC-142b 
and blends containing HCFC-22 or HCFC-142b may not be used to 
manufacture new pre-charged appliances or appliance components or to 
charge new appliances assembled onsite.
---------------------------------------------------------------------------

    The GWP is a means of quantifying the potential integrated climate 
forcing of various GHGs relative to carbon dioxide. Each of the 
hydrocarbon refrigerants in this final rule has a relatively low 100-
year integrated GWP of less than ten while HFC-32 has a GWP of 675. For 
comparison, some other commonly used refrigerants currently listed as 
acceptable in retail food refrigeration, vending machines, and 
household refrigerators and freezers end-uses are R-134a, R-404A, and 
R-407C, with GWPs of about 1,430, 3,920, and 1,770, respectively. In 
very low temperature refrigeration, a commonly-used substitute is R-
508B, with a GWP of 13,400. An ODS in this end-use is R-13B1/halon 1301 
with a GWP of 7,140. The GWPs of the substitutes in this final rule are 
significantly lower than those of other refrigerants currently being 
used in the residential and light commercial AC and heat pump end-use, 
such as the HFC blend substitute R-410A. In addition, the substitutes 
in this rule have lower GWPs than those of ODS in this end-use, CFC-12 
(GWP = 10,900); HCFC-22 (GWP = 1,810); and R-502 (GWP = 4,660) (IPCC, 
2007).
    As stated above, EPA considers overall risk to human health and the 
environment compared to alternatives that are available and potentially 
available in a given end-use. Therefore, while the GWP of 675 for HFC-
32 is considered low for the residential and light-commercial AC and 
heat pumps end-use, it may not be considered low in other end-uses that 
have a larger variety of substitutes with lower GWPs. Among the 
acceptable substitutes listed in the residential and light-commercial 
AC and heat pumps end-use, only ammonia absorption and the non-vapor 
compression technologies evaporative cooling and desiccant cooling have 
lower GWPs than the substitutes listed in this final rule in this end-
use.
    The total environmental effects impacts of these refrigerants also 
depend upon the energy use of appliances, since the ``indirect'' GHG 
emissions associated with electricity consumption typically exceed 
those from refrigerants over the full lifecycle of refrigerant-
containing products. (ORNL, 1997). If appliances designed to use 
refrigerants listed as acceptable in this final rule are less energy 
efficient than the appliances they replace, then it is possible that 
these appliances would result in higher lifecycle GHG emissions than 
appliances using a higher GWP refrigerant or refrigerant substitute. 
Conversely, higher energy efficiency of these appliances would lead to 
even lower lifecycle GHG emissions.
    While we have not undertaken a comprehensive assessment of all 
sources of GHG emissions associated with substituting ODS and other 
commonly used refrigerants with the refrigerants in this final rule, we 
note that energy efficiency standards exist for most of the types of 
equipment covered here.\15\ Thus, total energy use with the substitute 
refrigerants we are finding acceptable in this action can be expected 
to be no higher than that required by the standards for those classes 
of equipment.\16\ Further, testing

[[Page 19470]]

data, peer-reviewed journal articles, and other information provided by 
the submitters for these substitute refrigerants indicate that 
equipment using these refrigerants is likely to have a higher 
coefficient of performance and use less energy than equipment currently 
being manufactured that uses the most commonly used refrigerants that 
are listed as acceptable under SNAP. This indicates that equipment 
using the refrigerants listed will have the same or lower climate 
impacts than other available substitutes (Daikin, 2011; A.S. Trust & 
Holdings, 2012; A/S Vestfrost, 2012; CHEAA, 2013).
---------------------------------------------------------------------------

    \15\ For example, Department of Energy (DOE) standards apply to 
portable air conditioners, room air conditioners, PTACs and PTHPs, 
household refrigerators and freezers, refrigerated beverage vending 
machines, and commercial refrigeration equipment. See https://www1.eere.energy.gov/buildings/appliance_standards/standards_test_procedures.html.
    \16\ Refrigeration or air conditioning equipment in the 
applicable covered equipment class would still be subject to DOE's 
standards, regardless of the refrigerant that the equipment uses. If 
a manufacturer believes that its design is subjected to undue 
hardship by DOE's regulations, the manufacturer may petition DOE's 
Office of Hearing and Appeals (OHA) for exception relief or 
exemption from the standard pursuant to OHA's authority under 
Section 504 of the DOE Organization Act (42 U.S.C. 7194), as 
implemented at subpart B of 10 CFR part 1003. OHA has the authority 
to grant such relief on a case-by-case basis if it determines that a 
manufacturer has demonstrated that meeting the standard would cause 
hardship, inequity, or unfair distribution of burdens.
---------------------------------------------------------------------------

    In addition to global impacts on the atmosphere, EPA evaluated 
potential impacts of the substitutes on local air quality. Ethane and 
HFC-32 are exempt from the definition of VOC under CAA regulations (see 
40 CFR 51.100(s)) addressing the development of SIPs to attain and 
maintain the NAAQS. The other refrigerants, isobutane, propane, and 
components of R-441A, including isobutane, n-butane, and propane, are 
VOC. Potential emissions of VOC from all substitutes for all end-uses 
in the refrigeration and AC sector are addressed by the venting 
prohibition under Section 608 of the CAA. Under that prohibition, 
refrigerant substitutes (and thus the VOC they contain) may only be 
emitted where EPA issues a final determination exempting a refrigerant 
substitute from the venting prohibition on the basis that venting, 
releasing or disposing of such substance does not pose a threat to the 
environment. Based on an analysis described below, EPA estimates that 
potential emissions of hydrocarbons if used as refrigerant substitutes 
in all end-uses in the refrigeration and AC sector would have little 
impact on local air quality, with the possible exception of unsaturated 
hydrocarbons such as propylene (ICF, 2014a).
    EPA analyzed a number of scenarios to consider the potential 
impacts on local air quality if hydrocarbon refrigerants were used 
widely. We used EPA's Vintaging Model to estimate the hydrocarbon 
emissions from these scenarios and EPA's Community Multiscale Air 
Quality (CMAQ) model to assess their potential incremental 
contributions to ground-level ozone concentrations (ICF, 2014a). That 
analysis was conservative in that it assumed that the most reactive 
hydrocarbon subject to this action--isobutane--was used in all 
refrigeration and AC uses even though isobutane was not proposed or 
listed as acceptable for use in all refrigeration and AC uses. In 
addition, the analysis assumed that all refrigerant used was emitted to 
the atmosphere. In that highly conservative scenario, the model 
predicted that the maximum increase in the 8-hour average ground-level 
ozone concentration would be 0.72 ppb in Los Angeles.
    For further information on the potential impacts of this rule and 
other decisions we might make, EPA also performed a less conservative 
analysis, looking at a set of end-uses that would be more likely to use 
hydrocarbon refrigerants between now and 2030. The analysis assumed use 
of hydrocarbon refrigerants in those uses for which UL currently has 
standards in place, for which the SNAP program has already listed the 
uses as acceptable, subject to use conditions, or for which the SNAP 
program is reviewing a submission, including those in this rule.\17\ In 
addition, the air quality analysis assumed several different 
hydrocarbons \18\ would be used based upon those under review by the 
SNAP program in the end-uses for which they were submitted. For 
example, we assumed use of propane, R-441A, and another hydrocarbon 
refrigerant under review in room air conditioners; and isobutane, 
propane, and R-441A in vending machines, stand-alone retail food 
refrigeration equipment, and household refrigerators and freezers; but 
no use of hydrocarbons in chillers used for AC of large buildings. (For 
further information on the specific assumptions, see ICF, 2014a, in the 
docket for this rulemaking.)
---------------------------------------------------------------------------

    \17\ The analysis included stand-alone retail food refrigeration 
equipment and coolers; vending machines; refrigerated transport; 
water coolers; commercial ice machines; household refrigerators and 
freezers; and room air conditioners (window AC, PTAC, and PTHP). The 
analysis did not expressly break out very low temperature 
refrigeration or non-mechanical heat transfer from commercial 
refrigerators and freezers.
    \18\ Refrigerants in this scenario included propane, isobutane, 
and R-441A in the end-uses where they are listed to be acceptable, 
subject to use conditions, among others. Ethane was not expressly 
included, since the type of equipment using ethane is not broken out 
separately in the analysis. However, ethane is less reactive than 
the other refrigerants included in the analysis, so this omission is 
expected to result in a slight overestimation of impacts, if any.
---------------------------------------------------------------------------

    Based on this still conservative but more probable assessment of 
refrigerant use, we found that even if all the refrigerant in 
appliances in end-uses addressed in this final rule were to be emitted, 
there would be a worst-case impact of 0.15 ppb ozone in the Los Angeles 
area, which is the area with the highest level of ozone pollution in 
the United States. In the other cities examined in the analysis, 
Houston and Atlanta, impacts were smaller (no more than 0.03 and 0.01 
ppb, respectively) (ICF, 2014a). Because both the highly conservative 
as well as the conservative but more probable assessments indicated 
there would be relatively low air quality impacts of these refrigerants 
if they are released to the atmosphere in limited amounts, EPA believes 
that these refrigerants would not have a substantially greater impact 
on local air quality than other refrigerants listed as acceptable in 
the end-uses in this final rule.
    Effects on aquatic life of the substitutes are expected to be small 
and pose no greater risk of aquatic or ecosystem effects than those of 
other available substitutes for these uses. The refrigerant substitutes 
in this rule are all highly volatile and would evaporate or partition 
to air, rather than contaminate surface waters.

B. Flammability

    The flammability risks of the substitutes are of concern because 
household and retail food refrigerators and freezers and room AC units 
have traditionally used refrigerants that are not flammable. Without 
appropriate use conditions, the flammability risk posed by these 
refrigerants could be higher than non-flammable refrigerants because 
individuals may not be aware that their actions could potentially cause 
a fire, and because without the requirements of this rule, these 
refrigerants could be used in existing equipment that has not been 
designed specifically to minimize flammable risks. In this section, we 
discuss the flammability risks posed by the refrigerants in this rule 
and explain the use conditions we believe are necessary to mitigate 
those risks to ensure that the overall risk to human health and the 
environment posed by these substitutes is not greater than the overall 
risk posed by other substitutes in the same end-uses. In addition, we 
discuss why the flammability risks have led us to find that these 
substitutes are only acceptable for use in new equipment specifically 
designed for these flammable refrigerants.
    Due to their flammable nature, ethane, isobutane, propane, HFC-32, 
and R-441A could pose a significant safety concern for workers and 
consumers in the end-uses addressed in this rule if they are not 
handled correctly. In the presence of an ignition source (e.g.,

[[Page 19471]]

static electricity spark resulting from closing a door, using a torch 
during service, or a short circuit in wiring that controls the motor of 
a compressor), an explosion or a fire could occur when the 
concentration of refrigerant exceeds its LFL. The LFLs of the 
substitutes are: ethane--30,000 ppm; HFC-32--139,000 ppm; isobutane--
18,000 ppm; propane--21,000 ppm; and R-441A--20,500 ppm. Therefore, to 
use these substitutes safely, it is important to minimize the presence 
of potential ignition sources and to reduce the likelihood that the 
levels of ethane, HFC-32, isobutane, propane, or R-441A will exceed the 
LFL.
    To determine whether flammability would be a concern for 
manufacturing and service personnel or for consumers, EPA analyzed a 
plausible worst-case scenario to model a catastrophic release of the 
refrigerants. The worst-case scenario analysis for each refrigerant 
revealed that even if the unit's full charge is emitted within one 
minute, none of these refrigerants reached their respective LFLs of 
1.8% for isobutane, 2.1% for propane, 2.05% for R-441A, or 3.0% for 
ethane, provided that the charge sizes were no greater than those 
specified in the relevant standard from UL (ICF, 
2014b,c,d,e,f,g,h,i,j,k). Thus, there would not be a significant risk 
of fire or explosion, even under those worst-case assumptions, so long 
as the charge meets the use conditions in this final rule. Detailed 
analysis of the modeling results are discussed below in the next 
section regarding ``Toxicity and asphyxiation.''
    EPA also reviewed the submitters' detailed assessments of the 
probability of events that might create a fire and engineering risk and 
approaches to avoid sparking from the refrigeration equipment. Further 
information on these analyses and EPA's risk assessments are available 
in public docket EPA-HQ-OAR-2013-0748 at www.regulations.gov. Although 
the analysis showed no potential for the released refrigerant from one 
piece of equipment to reach the LFL, manufacturing and service 
personnel or consumers may not be familiar with refrigeration or AC 
equipment containing a flammable refrigerant. Therefore, use conditions 
are necessary to ensure that people handling such equipment are aware 
that the equipment contains a flammable refrigerant and to ensure safe 
handling. Because of existing OSHA and building code requirements, we 
expect that the equipment manufacturer, who would be storing large 
quantities of the refrigerant, is familiar with and uses proper safety 
precautions to minimize the risk of explosion. We are including in the 
``Further Information'' section of the SNAP listings recommendations 
that these facilities be equipped with proper ventilation systems and 
be properly designed to reduce possible ignition sources. The use 
conditions allow the flammable refrigerants to be used without a higher 
risk to human health and the environment than that posed by 
nonflammable substitutes.

C. Toxicity and asphyxiation

    In evaluating potential toxicity impacts of ethane, HFC-32, 
isobutane, propane, and R-441A on human health, EPA considered both 
occupational and consumer risks. EPA investigated the risk of 
asphyxiation and of exposure to toxic levels of refrigerant for a 
plausible worst-case scenario and a typical use scenario for each 
refrigerant. In the worst-case scenario of a catastrophic leak, we 
modeled release of the unit's full charge within one minute into a 
confined space to estimate concentrations that might result. We 
considered a conservatively small space appropriate to each end-use, 
such as a small convenience store of 244 m\3\ for retail food 
refrigeration, a small galley kitchen of 18 m\3\ for a household 
refrigerator/freezer, or a small bedroom of 41 m\3\ for a room air 
conditioner.
    To evaluate toxicity of all five refrigerants, EPA estimated the 
maximum TWA exposure both for a short-term exposure scenario, with a 
15-minute and 30-minute TWA exposure, and for an 8-hour TWA that would 
be more typical of occupational exposure for a technician servicing the 
equipment. We compared these short-term and long-term exposure values 
to relevant industry and government workplace exposure limits for 
ethane, HFC-32, isobutane, propane, and components of R-441A (including 
potential impurities). The modeling results indicate that both the 
short-term (15-minute and 30-minute) and long-term (8-hour) worker 
exposure concentrations would be below the relevant workplace exposure 
limits, such as the OSHA permissible exposure limit (PEL), the NIOSH 
recommended exposure limit (REL), the American Conference of 
Governmental Industrial Hygienists' (ACGIH) TLV, or in the case of HFC-
32, the manufacturer's recommended workplace exposure limit. In some 
cases where there was not an established short-term exposure limit 
(STEL), we considered information on short-term exposure such as the no 
observed adverse effect level (NOAEL) from available toxicity studies 
or the National Research Council's Acute Emergency Guideline Limits 
(AEGL).\19\ The respective workplace exposure limits we considered for 
the various compounds, including components of the refrigerant blend R-
441A, are as follows:
---------------------------------------------------------------------------

    \19\ The AEGL limit is an emergency guideline for exposures to 
the general population (including susceptible populations) and is 
not time-weighted. It also considers the chemical's flammability in 
addition to its toxicity. EPA develops a set of AEGL values for 
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 scenarios is the AEGL-1 
(10,000 ppm), which is defined as: ``the airborne concentration, 
expressed as parts per million or milligrams per cubic meter (pm or 
mg/m\3\) of a substance above which it is predicted that the general 
population including susceptible individuals, could experience 
notable discomfort, irritation, or certain asymptomatic nonsensory 
effects. However, the effects are not disabling and are transient 
and reversible upon cessation of exposure.'' While permanent 
toxicological effects are not expected up to the AEGL-2 value, this 
limit is not relevant for this analysis because at that level, 
flammability would be a greater concern.
---------------------------------------------------------------------------

     n-Butane, a component in R-441A: 800 ppm NIOSH REL on 10-
hr TWA; 6,900 ppm AEGL-1 over 30 minutes
     Ethane: 1,000 ppm TLV on 8-hour TWA; 3,000 ppm over 15 
minutes
     HFC-32: 1,000 ppm manufacturer's exposure guideline on 8-
hour TWA; 3,000 ppm over 15 minutes
     Isobutane: 800 ppm REL on 10-hr TWA; 6,900 ppm over 30 
minutes
     Propane: 1,000 ppm PEL on 8-hr TWA; 6,900 ppm AEGL-1 over 
30 minutes
    For equipment with which consumers might come into contact, such as 
retail food refrigerators and freezers, vending machines, household 
refrigerators and freezers, and room air conditioners, EPA performed a 
consumer exposure analysis. In this analysis, we examined potential 
catastrophic release of the entire charge of the substitute in one 
minute under a worst-case scenario. We did not examine exposure to 
consumers in very low temperature refrigeration, since such equipment 
is typically used in workplaces, such as in laboratories, and not in 
homes or public spaces. The analysis was undertaken to determine the 
15-minute or 30-minute TWA exposure levels for the substitute, which 
were then compared to the toxicity limits to assess the risk to 
consumers.
    EPA considered toxicity limits for consumer exposure that reflect a 
short-term exposure such as might occur at home or in a store or other 
public setting where a member of the general public could be exposed 
and could then escape. Specific toxicity limits that we used in our 
analysis of consumer exposure include:

[[Page 19472]]

     n-Butane: 6,900 ppm AEGL-1 over 30 minutes
     HFC-32: cardiotoxic NOAEL of 350,000 ppm over 5 minutes
     Isobutane: 6,900 ppm over 30 minutes
     Propane: 6,900 ppm AEGL-1 over 30 minutes
    The analysis of consumer exposure assumed that 100 percent of the 
unit's charge would be released over one minute, at which time the 
concentration of refrigerant would peak in an enclosed space, and then 
steadily decline. Refrigerant concentrations were modeled under two air 
change scenarios, believed to represent the baseline of potential flow 
rates for a home or other public space, assuming flow rates of 2.5 and 
4.5 air changes per hour (ACH) (Sheldon, 1989). The highest 
concentrations of the refrigerant occur in the lower stratum of the 
room when assuming the lower ventilation level of 2.5 ACH. Calculating 
the TWA exposure using 2.5 ACH results in a higher concentration than 
calculating the TWA exposure using 4.5 ACH. Even under the very 
conservative assumptions used in the consumer exposure modeling, the 
estimated 15-minute or 30-minute consumer exposures to the refrigerants 
are much lower than the relevant toxicity limits and thus should not 
pose a toxicity risk any greater than that of other acceptable 
refrigerants in the end-uses in this final rule. Other acceptable 
refrigerants pose similar toxicity risks.
    For further information, including EPA's risk screens and risk 
assessments as well as fault tree analyses from the submitters of the 
substitutes, see docket number EPA-HQ-OAR-2013-0748 at 
www.regulations.gov.

V. What are the differences between the proposed and final rules?

    This final rule lists all five refrigerants as acceptable, subject 
to use conditions, in the same end-uses as in the proposed rule. This 
final rule retains the same use conditions as proposed for very low 
temperature refrigeration equipment; non-mechanical heat transfer 
equipment; retail food refrigeration, stand-alone equipment only; 
household refrigerators, freezers, and combination refrigerator/
freezers; and vending machines.
    For room AC units, EPA is retaining the same use conditions as 
proposed, with one exception. For portable AC units, EPA is not 
applying the proposed charge limits for PTAC, PTHP, and other floor 
mounted AC units, which are set forth in Table D. New Table E 
establishes charge limits for portable AC units, consistent with the 
requirements in Appendix F of UL 484, 8th Edition. This change allows 
larger charge sizes for small portable units than in the proposed rule 
and limits the charge size to no more than 2.45 kg of HFC-32, 300 g of 
propane, or 330 g of R-441A. Proposed Table D was based on a different 
section of Appendix F of UL 484, 8th Edition. EPA is making this change 
because we agree with commenters that the final rule should incorporate 
specific provisions for charge limits for portable units in UL 484, 
which is the standard that is the basis of EPA's other charge limits, 
as well.
    This final rule exempts the four hydrocarbon refrigerants for the 
end-uses addressed in the proposed rule from the venting prohibition 
under Section 608. HFC-32 remains prohibited from being knowingly 
vented or otherwise knowingly released or disposed of by any person 
maintaining, servicing, repairing, or disposing appliances containing 
HFC-32.

VI. What are EPA's responses to public comments?

A. EPA's Acceptability Determinations

1. R-441A
    Comment: The Environmental Investigation Agency-U.S. (EIA), an 
environmental organization, and A.S. Trust & Holdings, the submitter 
for R-441A, supported the listing of R-441A as an acceptable substitute 
in new stand-alone retail food refrigeration equipment, residential and 
light commercial AC, and vending machines. EIA noted the climate 
benefits, improved energy efficiency, and reduced flammability for this 
refrigerant.
    Response: EPA agrees and thanks the commenters for their support of 
this listing decision. We are taking final action in this rule to list 
R-441A as acceptable subject to use conditions for use in new retail 
food refrigerators and freezers (stand-alone units only); new 
residential and light commercial room AC units; and vending machines.
    Comment: A.S. Trust & Holdings requested clarification as to 
whether EPA is approving the SNAP applications (i.e., submissions) for 
R-441A in household window AC units, vending machines, new commercial 
refrigerators, commercial freezers, and stand-alone refrigerated 
display cases, and new residential split[hyphen]system AC units, 
residential heat pumps, and portable (floor) room air conditioners.
    Response: This final rule lists R-441A as acceptable, subject to 
use conditions, for use in (1) residential and light commercial room AC 
units, (2) vending machines, and (3) stand-alone retail food 
refrigeration equipment, including refrigerators, freezers, and 
refrigerated display cases. These correspond to the submissions for R-
441A for household window AC units, vending machines, new commercial 
refrigerators, commercial freezers, and stand-alone refrigerated 
display cases, and the portable room air conditioners portion of the 
submission for new residential split-system AC units, residential heat 
pumps, and portable room air conditioners. EPA is reviewing R-441A 
separately for new residential and light commercial split-system AC 
units and heat pumps, and so is not in this action listing R441A as 
acceptable in these uses at this time.
2. Ethane
    Comment: EIA supported the listing of ethane as acceptable subject 
to use conditions for use in very low temperature refrigeration and 
non-mechanical heat transfer, and indicated that equipment using ethane 
is available that will reduce impacts on climate and cut energy use.
    Response: EPA appreciates the support for listing ethane as 
acceptable subject to use conditions in very low temperature 
refrigeration and non-mechanical heat transfer.
    Comment: Hoshizaki America, a manufacturer of commercial 
refrigeration equipment, questioned the test methods used to evaluate 
ethane's flammability and fire safety.
    Response: The commenter provided no support for why they believed 
this was necessary or what, if anything else, they question in the test 
methods used to evaluate ethane. EPA evaluated flammability risks in 
the risk screen included in the docket (Docket ID EPA-HQ-OAR-2014-0748-
0004). This evaluation followed the standard approach for evaluating 
health and environmental risks that the SNAP program has used over its 
20-year history. The results found worst-case leaks of ethane to result 
in concentrations far below the LFL of 30,000 ppmv, showing a lack of 
flammability risk. We note that a use condition requires that the 
ethane-containing equipment meet the requirements of Supplement SB to 
the 10th edition of UL Standard 471 and this use condition will ensure 
ethane will be tested and will meet specific safety testing 
requirements.
3. Isobutane
    Comment: EIA and a private citizen supported EPA's proposal to list 
isobutane as acceptable subject to use conditions for the proposed end-
uses

[[Page 19473]]

and noted that it is already available and in use in the United States 
and global markets in vending machines and in stand-alone retail food 
refrigeration equipment. Hoshizaki America questioned the listing of 
isobutane and does not agree that it should be listed as acceptable 
without proper safety analysis.
    Response: EPA appreciates the support for listing isobutane as 
acceptable subject to use conditions in vending machines and stand-
alone retail food refrigeration equipment. EPA evaluated flammability 
risks in the risk screens included in the docket (Docket ID EPA-HQ-OAR-
2014-0748-0013 and -0021). The commenter that suggested isobutane 
should not be listed provided no support for their statement and did 
not explain what they meant by ``proper safety analysis.'' EPA's 
evaluations followed the standard approach for evaluating health and 
environmental risks that the SNAP program has used over its 20-year 
history. The results found leaks of isobutane in stand-alone retail 
food refrigeration equipment and vending machines to result in 
concentrations far below the LFL of 30,000 ppmv, showing a lack of 
flammability risk. We note that a use condition requires that retail 
food refrigeration equipment using isobutane meet the requirements of 
Supplement SB to the 10th edition of UL Standard 471 and that vending 
machines using isobutane meet the requirements of Supplement SA to the 
7th edition of UL Standard 541. This use condition will ensure 
isobutane is further tested in equipment and will meet specific safety 
testing requirements.
4. HFC-32
    Comment: A.S. Trust & Holdings; ComStar, a distributor of R-441A 
and other chemicals, and several private citizens expressed concerns 
with the listing of HFC-32 as an acceptable substitute in room AC units 
due to its toxicity, flammability, and high GWP relative to hydrocarbon 
refrigerants. These commenters said that HFC-32's higher GWP, in 
combination with its flammability and other characteristics, is reason 
for not finding this substitute acceptable. Most of these commenters 
were specifically concerned, due to the GWP and toxicity of HFC-32, 
that EPA might exempt HFC-32 from the venting prohibition. EIA and 
Daikin, the submitter of HFC-32, supported listing HFC-32 as acceptable 
subject to use conditions.
    Response: EPA appreciates the support from the commenters who 
support listing HFC-32 as acceptable subject to use conditions for use 
in room AC units.
    EPA disagrees with the commenters who suggest that the toxicity, 
flammability and GWP of HFC-32 indicate it should not be listed as 
acceptable, subject to use conditions, for use in room AC units. The 
GWP of HFC-32 (675) is two-thirds less than that of the most commonly 
used alternative for this type of equipment, R-410A (approximately 
2,090) and also significantly lower than that of HCFC-22 (1,810) and R-
407C (approximately 1,770). The only currently acceptable alternatives 
in this end-use with lower GWP include ammonia absorption and the non-
vapor compression technologies evaporative cooling and desiccant 
cooling. However, there are technical limits on the effective use of 
the non-vapor compression technologies in different climates, and 
ammonia has a higher toxicity that HFC-32 and the other alternatives. 
HFC-32 also has a higher GWP than two other substitutes being listed in 
this end-use in this final rule--propane (GWP of 3) and R-441A (GWP of 
less than 5). However, it is considerably less flammable than either 
propane or R-441A. For example, HFC-32 has an LFL of 13.8% and a 
burning velocity of 6.7 cm/s compared to an LFL of 2.1% and a burning 
velocity of 46 cm/s for propane and an LFL of 2.05% and a burning 
velocity of 47.6 cm/s for R-441A (Daikin, 2011; A.S. Trust & Holdings, 
2012). EPA's risk screen on the use of HFC-32 in residential and light 
commercial AC is available in the docket for this rulemaking (Docket ID 
EPA-HQ-OAR-2014-0748-0005). This risk screen indicates that HFC-32's 
LFL is not reached where the charge size is consistent with the use 
conditions, so we do not expect a significant risk of fire.
    The commenters did not provide any information concerning why they 
believed that HFC-32 should be listed as unacceptable based on its 
toxicity; the commenters merely provided general information such as 
Material Data Safety Sheets (MSDSs) without giving analysis specific to 
HFC-32. The potential health effects listed in the MSDSs provided by 
the commenters, such as freeze burns, anesthetic effects, and asphyxia, 
are common to many refrigerants already in the same end-use, such as 
HCFC-22, R-410A, or HFC-134a. Further, these health effects apply to 
both HFC-32 and to the two hydrocarbon refrigerant substitutes that we 
are also listing in this action as acceptable, subject to use 
conditions, in this end-use, and the commenters did not raise concerns 
for the health effects for those substitutes. EPA's risk screen 
evaluates exposure and toxicity risks. In the End-Use Exposure 
Assessment the modeled 15-minute and 30-minute TWA exposures for 
consumers were well below the relevant short-term limit, the 
cardiotoxic NOAEL for HFC-32, for all charge sizes. Based on the 
Occupational Risk Assessment, occupational exposure to HFC-32 is 
anticipated to be significantly below the STEL during servicing and 
installation.
    In addition, as discussed below in section VI.G, ``Venting 
prohibition,'' EPA did not propose, nor is it finalizing, an exemption 
to the venting prohibition for HFC-32.
5. Propane
    Comment: EIA supported listing propane for use in all of EPA's 
proposed end-uses (household refrigerators and freezers, vending 
machines, and room air conditioners), since hydrocarbons are already 
being used successfully in these types of equipment around the world. A 
private citizen agreed with the listing of propane specifically for AC 
units. Hozishaki America disagreed with the proposed listing of propane 
without proper safety analysis.
    Response: EPA appreciates the comments supporting our decision to 
list propane as acceptable subject to use conditions in the proposed 
end-uses and agrees that hydrocarbons are already being used safely and 
successfully in such types of equipment around the world.
    The commenter opposing listing of propane provided no support for 
their statements and did not explain what they meant by ``proper safety 
analysis.'' EPA's evaluations followed the standard approach for 
evaluating health and environmental risks that the SNAP program has 
used over its 20-year history. EPA performed risk screens on the use of 
propane in household refrigerators and freezers, vending machines, and 
room air conditioners which are available in the docket for this 
rulemaking (Docket IDs EPA-HQ-OAR-2013-0748-0006, -0007, and -0008). 
EPA's vending machine risk screen indicates that propane's LFL is not 
reached in the typical scenario, and for room air conditioners and 
household refrigerators and freezers, worst-case concentrations would 
be well below propane's LFL, showing a lack of flammability risk. We 
note that EPA is including a use condition that requires that household 
refrigerators and freezers using propane meet the requirements of 
Supplement SA to the 10th edition of UL Standard 250, that vending 
machines using propane meet the requirements of Supplement SA to the 
7th edition of UL Standard 541, and that

[[Page 19474]]

room air conditioners meet the requirements of Supplement A and 
Appendices B through F of the 8th edition of UL Standard 484.\20\
---------------------------------------------------------------------------

    \20\ Similarly, EPA previously listed propane as acceptable, 
subject to use conditions, in stand-alone retail food refrigeration 
equipment, including a condition requiring that such equipment meet 
the requirements of Supplement SB to the 10th edition of UL Standard 
471. December 20, 2011; 76 FR 78832.
---------------------------------------------------------------------------

    Comment: Some commenters suggested that propane should be added to 
the list of acceptable substitutes for the very low temperature 
refrigeration end-use, particularly since it could be used with the 
same UL 471 Standard as for commercial refrigeration equipment.
    Response: EPA did not receive a submission and thus has not 
evaluated propane for the very low temperature refrigeration end-use. 
EPA may consider it in a future rulemaking action.

B. Environmental and Public Health Impacts

1. GWP and Direct Climate Impacts
    Comment: The Alliance for Responsible Atmospheric Policy (the 
Alliance), California's Air Resources Board (CARB), EIA, the Institute 
of Scrap Recycling Industries (ISRI), and private citizens stated that 
the proposed list of substitutes is an important step towards 
mitigating the industry's environmental impact, specifically by 
broadening availability of substitutes that would reduce GHG emissions 
from the refrigeration and AC sector. CARB estimates that if the 
proposed low-GWP refrigerants replace the high-GWP HFCs in the 
identified end-use sectors, nationwide annual emissions of GHGs would 
be reduced by between 9 and 11 million metric tons of carbon dioxide 
equivalents (MMTCO2eq). CARB also stated that while the 
reductions are a modest three percent decrease from current fluorinated 
gas emissions, they believe the proposal is an important step in 
mitigating the anticipated growth in emissions of HFCs.
    Response: EPA agrees that listing these five substitutes as 
acceptable subject to use conditions in the specified end-uses is an 
important step towards mitigating GHG emissions and the anticipated 
growth in emissions of HFCs. We thank the commenter for the calculated 
estimate of the potential environmental benefits associated with this 
rule. We do not know if the market penetration for these newly-listed 
alternatives will align with the assumptions used by CARB in developing 
their estimates. However, we agree that the entrance of these 
alternatives into the market and the decrease in use of higher GWP 
alternatives will mitigate climate impacts from the end-uses addressed 
in this rule.
2. Energy Efficiency and Indirect Climate Impacts
    Comment: CARB and EIA stated that the use of low-GWP hydrocarbon 
refrigerants also indirectly reduces GHG emissions through decreased 
energy use. In contrast, Master-Bilt Products, a manufacturer of 
commercial refrigeration equipment, said that some of the proposed 
alternatives have poor energy efficiency.
    Response: EPA agrees with CARB and EIA that, based on the available 
information, the hydrocarbon refrigerants may decrease energy use and 
thereby reduce GHG emissions indirectly. Each submission provided 
information showing reduced energy consumption when using the 
alternative refrigerants listed in this rule (Daikin, 2011; A.S. Trust 
& Holdings, 2012; A/S Vestfrost, 2012; CHEAA, 2013). However, we note 
that the specific energy benefits will depend on a number of factors 
other than the refrigerant, such as the design of the equipment and 
efforts made to fine-tune the equipment once it is installed. Master-
Bilt did not submit any specific information regarding energy 
efficiency and EPA is not aware of information supporting a claim that 
any of the refrigerants being listed have poor energy efficiency.
3. Ozone Depletion
    Comment: A private citizen stated that ``hydrofluorocarbon 
refrigerants and CHFC [sic] refrigerants all have significant, 
demonstrated negative impacts on our atmospheric ozone, while 
hydrocarbons have no effect on stratospheric ozone depletion.'' The 
commenter also stated that ``[i]t is accepted fact that these synthetic 
fluorinated gases including HFC-32 rapidly accumulate in the atmosphere 
destroying ozone by breaking molecular bonds of O3'' and 
requested that EPA remove HFC-32 from the rule.
    Response: The role of HCFCs in ozone depletion is well-documented 
(WMO, 2010) and these substances are in the process of being phased out 
of production and consumption globally in steps. EPA agrees that 
hydrocarbons do not contribute to stratospheric ozone depletion. 
However, we disagree with the commenter's statement that HFC 
refrigerants have significant, demonstrated negative impact on 
atmospheric ozone or that they break molecular bonds of ozone. On the 
contrary, HFCs have long been considered to have a negligible impact on 
stratospheric ozone depletion (Ravishankara et al, 1994; \21\ WMO, 
2010). Thus, EPA considers the impact of HFCs on the ozone layer to be 
comparable to those of hydrocarbons.
---------------------------------------------------------------------------

    \21\ Ravishankara, A. R., A. A. Turnipseed, N. R. Jensen, S. 
Barone, M. Mills, C. J. Howard, and S. Solomon. 1994. Do 
hydrofluorocarbons destroy stratospheric ozone? Science 263: 71-75.
---------------------------------------------------------------------------

4. Local Air Quality Impacts
    Comment: Regarding the air quality modeling using CMAQ, A.S. Trust 
& Holdings stated that that the assumption of rapid transition to all 
hydrocarbon refrigerants (in Scenarios 1, 2, and 3) is not a viable 
assumption, and disregards simple market realities. CARB referred to 
Scenarios 1 through 3 as upper-bound maximums that are not expected to 
occur.
    Response: In Scenarios 1, 2, and 3 of the air quality analysis 
(ICF, 2014a), isobutane or propylene were assumed to be the only 
refrigerant used, respectively, in (1) all refrigeration and air 
conditioning uses, (2) all refrigeration and air conditioning uses 
except for MVAC, or (3) all refrigeration and air conditioning uses 
except for MVAC and large commercial chillers. EPA agrees that these 
scenarios are not likely to occur. These scenarios were not intended to 
project what is likely to happen in the market, but rather, to provide 
screening estimates to see if there would be some level of refrigerant 
emissions that could result in unacceptably high increases in ground-
level ozone. The modeling indicated that widespread use of isobutane, 
propane, R-441A, and other saturated hydrocarbon refrigerants are not 
likely to result in significant increases in ground-level ozone 
concentrations. In contrast, the screening estimates in Scenarios 1, 2, 
and 3 indicated that there could be significant increases in ground-
level ozone concentrations if use (and emissions) of propylene were 
widespread. Thus, further analysis of potential air quality impacts 
based on likely use of propylene in the market may be needed for 
evaluating propylene or refrigerants containing propylene in any future 
action in which EPA considers listing propylene for these end-uses.
    Comment: A.S. Trust & Holdings commented that the air quality 
modeling focuses on only one year (2005) of meteorological data. The 
commenter stated it is standard practice in ambient air modeling 
studies to focus on typically five years of meteorological data to 
provide a more representative sample of conditions on different days

[[Page 19475]]

and thus reduce the uncertainties in the analysis.
    Response: It is standard practice to use five years of 
meteorological data in regulatory analyses where the assessment is for 
a single facility or small group of facilities seeking an air quality 
permit, such as a permit for prevention of significant deterioration, 
authority to construct, or air contaminant discharge. However, in state 
implementation plans or nationwide regulatory impact assessments where 
an entire state or the continental United States is modeled, a full 
ozone season or a single year of meteorology is generally considered 
sufficient (EPA, 2007). In the case of the CMAQ analysis performed for 
this rule, modeling was performed based upon refrigerant emissions from 
the entire United States and thus, use of one year of meteorological 
data was appropriate.
    Comment: A.S. Trust & Holdings noted that specific hydrocarbon 
refrigerants were not separately modeled in the air quality model. This 
commenter states that each refrigerant should be assessed separately by 
the Agency and that it does not seem reasonable to regulate a single 
refrigerant based on a whole family of refrigerants. This commenter 
also stated that it is difficult to make any substantial conclusions 
regarding propylene without assessing the more realistic Scenario 4. 
CARB stated that Scenario 4 of the analysis is a good representation of 
anticipated emissions and useful for assessing the potential ozone 
impacts of the proposal. This commenter also stated that the small 
estimated impact based on national modeling is consistent with its own 
estimate of the magnitude of potential emission increases and the lower 
ozone formation potential of the hydrocarbon refrigerants.
    Response: Scenario 4 is a scenario that analyzed potential air 
quality impacts of hydrocarbon refrigerants in a set of end-uses that 
would be more likely to use hydrocarbon refrigerants between now and 
2030. These included end-uses for which UL currently has standards in 
place, for which the SNAP program has already listed hydrocarbon 
refrigerants as acceptable, subject to use conditions, or for which the 
SNAP program is reviewing a submission, including those end-uses 
addressed in this final rule. EPA agrees with the second commenter that 
this scenario is useful for assessing the potential ozone impacts of 
the proposal.
    We disagree with the first commenter that EPA should have assessed 
each refrigerant separately in Scenario 4 as we did in the bounding 
Scenarios 1, 2, and 3. We are listing a number of refrigerants as 
acceptable, subject to use conditions, in several end-uses and we 
expect that they all will be present in the market and in the 
atmosphere at the same time. The interactions of the different 
compounds in the atmosphere are interdependent and are not linear. 
Modeling each refrigerant separately would result in a less realistic, 
and for some refrigerants an unrealistically low, estimate of 
environmental impacts. The current air quality analysis found that the 
peak 8-hr ozone increase of 0.15 ppb for Los Angeles is about 75% 
associated with the use of propylene as a refrigerant and 21% from 
propane under Scenario 4 (ICF, 2014a, p. 10).
5. Trifluoroacetic Acid
    Comment: The Australian Refrigeration Association (ARA) stated that 
the toxic buildup of trifluoroacetic acid (TFA) (which they claimed is 
a byproduct of HFC-32 decomposition) in fragile eco-systems is not 
reversible. This commenter also stated that if TFA levels are allowed 
to build up until algae and plant life is destroyed, it will be too 
late to prevent the collapse of the food chain and global catastrophe. 
The same commenter also noted that even before catastrophic levels are 
reached, crop yields and marine life will be adversely affected.
    Response: Available information indicates that TFA is not a 
byproduct of the decomposition of HFC-32 (Wellington and Nielsen, 1999, 
as cited in ICF, 2015a). We note that even if TFA were a minimal 
byproduct of HFC-32, HFC-32 would not pose significantly greater risk 
than other available substitutes because TFA is generated by some other 
acceptable substitutes used in the same end-uses as in this rule.

C. Toxicity

1. Toxicity of Proposed Refrigerants
    Comment: Master-Bilt Products stated that the 
non[hyphen]drop[hyphen]in alternatives available and proposed by EPA 
have many negative characteristics including toxicity. The commenter 
stated that as a result, much more testing is going to be required now 
than was required with the switch from CFCs to HFCs. This commenter 
stated that before these newly redesigned products can be sold, many 
additional steps will need to take place, such as upgrading appliance 
manufacturing facilities; training service technicians in using toxic 
refrigerants; achieving customer acceptance of having toxic 
refrigerants in their facilities, near their employees and customers, 
and around their food products; an expansion in capacity of testing 
companies such as UL, the Canadian Standards Association, and Intertek; 
and updating building codes to allow for toxic refrigerants.
    Response: EPA recognizes that steps by industry and government such 
as physical upgrades to equipment manufacturer facilities, capital 
investments, technician training, third-party testing of equipment, and 
revisions to building codes may be needed before manufacturers of 
refrigeration equipment and their customers will be able to adopt the 
refrigerants listed in this final rule. We also recognize that 
finalizing this rule removes regulatory uncertainty about EPA's 
requirements for use of these refrigerants in the listed end-uses, 
another required step before these refrigerants will be adopted.
    Concerning toxicity of the proposed refrigerants, our risk screens 
find that even a worst-case release of isobutane or R-441A from stand-
alone retail food refrigeration equipment will not result in exceeding 
exposure limits such as the TLVs of 1,000 ppm for isobutane or for the 
four components of R-441A or the relevant short-term exposure limits 
for these compounds. Similarly, for propane in household refrigerators 
and freezers, a worst-case release would not exceed exposure limits 
such as the AEGL-1 of 6,900 ppm for propane. For vending machines, 
propane, isobutane, and the components of R-441A do not exceed exposure 
limits in the typical scenario, such as the AEGL-1 of 6,900 ppm for 
propane. We found similar results for the other types of equipment in 
this rule, as discussed above in Section IV.C, ``Toxicity and 
asphyxiation.'' Thus, the refrigerants that we are finding acceptable 
subject to use conditions present comparable toxicity risk to other 
acceptable refrigerants already used in these end-uses.
    Comment: A private citizen stated that EPA should confirm there is 
no health threat to society before approving this rule.
    Response: EPA has assessed risks to human health and the 
environment--including the flammability and toxicity, considering 
exposure to workers, consumers, and the general public of each 
substitute listed in this final rule. In addition, we have evaluated 
the environmental impacts, including potential increases in generation 
of ground-level ozone, impacts on the ozone layer and global climate, 
all of which can impact human health. Based on these assessments, we 
have determined that the human health risks of the listed refrigerants 
are comparable to or less than those from other

[[Page 19476]]

acceptable refrigerants in the same end-uses.
2. Toxicity of Decomposition Products of HFC-32
    Comment: ARA and A.S. Trust & Holdings expressed concern about the 
potential for HFC-32 to decompose into hydrogen fluoride (HF), carbonyl 
fluoride, and other toxic chemicals because it is a fluorocarbon 
refrigerant. A.S. Trust & Holdings suggested that HFC-32 should not be 
acceptable because of the toxicity of its decomposition products.
    Response: EPA disagrees that the potential for toxic decomposition 
products from HFC-32, when used consistent with the established use 
conditions, creates a risk more significant than the risks posed by 
other available refrigerants in the same end-uses. The risks of 
decomposition products from HFC-32 in room air conditioners are no 
greater than that from currently used refrigerants such as HCFC-22 or 
R-410A, all of which contain fluorine. Indeed, the most commonly used 
acceptable alternative refrigerant for room air conditioners, R-410A, 
is a blend that contains 50% HFC-32.
    It is true that hydrocarbon refrigerants do not contain fluorine 
and thus do not have the potential for the same toxic byproducts such 
as HF or carbonyl fluoride. However, the risk of generating HF only 
exists when HFC-32 burns. Even in the worst-case scenario in our risk 
screen for use of HFC-32 in room AC units, the concentration of HFC-32 
would not exceed 69% of the LFL. Therefore, the flammability risks of 
HFC-32, and the related potential to generate HF are extremely low. 
Based on analysis of all of the relevant health and environmental 
factors, EPA concluded that HFC-32 does not present a significantly 
higher risk to human health or the environment than other currently or 
potentially available substitutes in the room AC end-use.

D. Flammability

    Comment: Traulsen, a manufacturer of commercial refrigeration 
equipment, and Hoshizaki America, believed there has been an incomplete 
safety assessment for listing flammable substitutes as acceptable. The 
North American Association of Food Equipment Manufacturers (NAFEM) 
requested that the Agency reevaluate the safety and enforcement issues 
that must be addressed before flammable refrigerants are ubiquitous in 
the marketplace. Hoshizaki America requested further testing and 
analysis on actual machines to provide more concrete evidence that 
there is no significant risk for this use. This commenter specifically 
questioned the test method used for the flammability and fire safety 
for isobutane and ethane and disagreed with the listing of isobutane or 
propane without proper safety analysis.
    Response: EPA agrees that flammability is an important 
consideration with regard to substitutes evaluated in this rulemaking. 
EPA evaluated the safety of these refrigerants prior to issuing the 
proposal for this rule. EPA believes flammability risks can be 
mitigated to ensure the substitutes can be used as safely as other 
available substitutes in these uses. EPA also notes that more than 400 
million hydrocarbon refrigerators are in use worldwide, as well as 
millions of smaller residential air conditioners using hydrocarbons or 
HFC-32. Reports of refrigerator ignition incidents resulting from 
leaked hydrocarbons have been rare. To determine whether the 
refrigerants would present flammability concerns for consumers or for 
workers, including those servicing or disposing of appliances. EPA 
reviewed the submitters' detailed assessments of the probability of 
events that might create a fire, as well as engineering approaches to 
avoid sparking from the refrigerant equipment. EPA also conducted risk 
screens, available in the docket for this rulemaking, evaluating 
reasonable worst-case and more typical, yet conservative, scenarios to 
model the effects of the sudden release of the refrigerants. This final 
rule establishes maximum charge sizes for each type of equipment, and 
analysis for each of the substitutes revealed that even if the unit's 
full charge were emitted within one minute, the concentration would not 
reach the LFL for that refrigerant.
    The listings of ethane, HFC-32, isobutane, propane, and R-441A as 
acceptable, subject to use conditions, will allow manufacturers to 
develop equipment that will use these substitutes as refrigerants. It 
is not necessary for EPA to pre-test the actual equipment as part of 
its threshold analysis of whether refrigerants, used consistent with 
the use conditions, will pose a flammability risk of concern. In 
addition, we note that the use conditions required by this rule include 
testing requirements in the relevant UL standards which are intended, 
among other things, to ensure that any leaks will result in 
concentrations well below the LFL, and that potential ignition sources 
will not be able to create temperatures high enough to start a fire. 
EPA believes risks can be mitigated to ensure the substitutes can be 
used as safely as other available substitutes.
    EPA believes that complying with the use conditions listed in this 
final action, as well as with use conditions listed in previous SNAP 
rules, reduces overall risk to human health and the environment. These 
use conditions will ensure the substitutes are further tested in 
equipment and will meet specific safety testing requirements.
    EPA believes that (1) these evaluations have followed standard SNAP 
methods and showed low risk, (2) our decisions rely on consensus-based 
safety standards developed specifically to test and to assure safe use 
of flammable refrigerants, and (3) the required use conditions reduce 
the flammability risk associated with the listed substitutes. For these 
reasons, these alternatives provide lower overall risk to human health 
and the environment than other available or potentially available 
alternatives in very low temperature refrigeration equipment, non-
mechanical heat transfer, retail food refrigeration equipment (stand-
alone units only), vending machines, room air conditioners and 
household refrigerators and freezers. In response to the comment 
requesting EPA to ``evaluate the safety and enforcement issues that 
must be addressed before flammable refrigerants are ubiquitous in the 
marketplace,'' we note that the commenter did not elaborate on what it 
meant regarding ``enforcement issues.'' We considered compliance 
concerns as we developed the proposed and final rule. For example, EPA 
notes elsewhere in this final rule that placing the responsibility on 
the manufacturer to design equipment that restricts the maximum 
refrigerant charge based upon the cooling capacity needed provides a 
better means for EPA to ensure compliance with the use conditions and 
thus to ensure that the risk to human health will not be greater than 
that posed by other available substitutes.
    Comment: Several commenters noted the flammability of HFC-32. A.S. 
Trust & Holdings indicated surprise at the charge size allowed for HFC-
32, as provided in the proposed use conditions, given its flammability. 
ARA states that HFC-32 is extremely flammable and notes the high 
ignition temperature of HFC-32. ComStar believes HFC-32's flammability, 
and proposed high refrigerant charges in indoor systems, are compelling 
reasons to keep HFC-32 out of all indoor refrigerant applications.
    Response: As discussed above in section VI.A.4, HFC-32 is 
significantly less flammable than the other

[[Page 19477]]

refrigerants considered in this rulemaking for use in room AC 
equipment. The charge sizes are calculated using the same formulas from 
UL 484 as those for propane and R-441A. The charge size is larger for 
HFC-32 because it has a much higher (safer) LFL.
    Comment: Enertech Global, a manufacturer of heat pumps, noted that 
one disadvantage of hydrocarbon refrigerants is their flammability. 
However, the commenter believes that careful design, manufacturing, and 
use can ensure ``safe operation and handling in every step of the value 
chain.'' Daikin has sold approximately three million units worldwide 
and indicated that it is unaware of any incidents where the refrigerant 
ignited during installation, servicing, or removal of these systems. 
Additionally, the commenter stated that in Sweden, more than 100,000 
packaged heat pumps that use flammable refrigerants have been used in 
safe operation for over two decades. Daikin noted that service 
technician training materials already developed could reduce 
flammability risks associated with hydrocarbon refrigerants.
    Response: EPA agrees that the flammability risks of concern with 
hydrocarbon refrigerants can be adequately managed through proper 
design, controls, and use conditions. EPA also believes that service 
technician training materials will help provide protection and minimize 
risks associated with hydrocarbon refrigerants. The safe operating 
history of millions of HFC-32 AC units and more than 100,000 packaged 
heat pumps that use flammable refrigerants is encouraging.
    Comment: NAFEM, ICOR International (ICOR), Traulsen, and Hoshizaki 
America expressed various other concerns regarding the flammability of 
proposed substitutes in the heating, ventilation, air conditioning and 
refrigeration (HVACR) industry including: the capital costs associated 
with using flammable refrigerants; the need to redesign equipment; the 
lack of awareness and training for service personnel and consumers; the 
need for proper technician training; and industry codes and standards. 
NAFEM and ICOR expressed concerns for the technicians being able to 
recognize potential ignition sources.
    Response: Refrigeration and AC equipment manufacturers are not 
required to use any of the flammable refrigerants listed as acceptable 
subject to use conditions in this action; we expect that those who 
choose to do so will make appropriate capital investments in their 
facilities. For example, EPA would expect private sector investments in 
safety upgrades similar to those made when we listed certain 
hydrocarbon refrigerants previously for household refrigerators and 
freezers and stand-alone retail food refrigeration equipment. In 
addition, manufacturers would need to invest in training their staff in 
safe handling of flammable refrigerants, including how to recognize 
ignition sources. For example, technicians need to be aware that 
standard refrigerant recovery equipment manufactured for non-flammable 
refrigerants should not be used for recovering flammable refrigerants, 
because even though it technically is capable of recovering many of 
these hydrocarbons at similar pressure levels, such equipment may lack 
adequate explosion proofing or non-sparking parts. Further, they need 
to be aware that plugging or unplugging either the refrigeration and AC 
equipment or electrical refrigerant recovery equipment is an ignition 
source. In addition, we note that many of the use conditions, such as 
the labeling and colored hoses, are for the express purpose of ensuring 
that technicians are aware that the refrigerant is flammable.
    Second, EPA believes that greater awareness of the presence, risks, 
and benefits of flammable refrigerants among consumers, industry code- 
and standard-setting organizations, fire marshals, and first responders 
will lead to a smoother, safer transition to flammable refrigerants. 
EPA is working with standards setting organizations such as UL and 
ASHRAE and with technician certifying organizations to improve the 
level of knowledge of technicians. EPA also intends to update the test 
bank for technician certification under Section 608 of the CAA, and 
could include additional questions on the safe handling of flammable 
refrigerants. EPA will seek additional information and guidance on how 
best to incorporate this content through a separate process outside of 
this rule.
    Comment: NAFEM and ICOR expressed concern about what to do when a 
leak occurs and a trained technician is not present. NAFEM suggested 
that EPA should consider other foreseeable conditions in which 
flammable refrigerants are used, and specify precautionary measures in 
situations such as a leak where no trained technician is present.
    Response: We expect that owners of this kind of equipment will 
follow the manufacturer's recommendations for safe use and, for retail 
food refrigeration and other commercial equipment, OSHA requirements, 
as discussed in our risk screens for each refrigerant and end-use (ICF, 
2014b,c,d,e,f,g,h,i,j,k). These would assist the owner in planning for 
situations where there is a leak of flammable refrigerant but no 
trained technician is available. For retail food refrigeration 
equipment and very low temperature refrigeration equipment, such plans 
could include training staff to recognize signs of leaks (e.g., odors, 
sounds, reduced cooling ability, and alarm signals where there is leak 
monitoring equipment) and to actively seek steps to remove or avoid 
ignition sources (e.g., post signs prohibiting smoking or open flames, 
avoid plugging in or unplugging electrical equipment when a leak is 
suspected). For household appliances, consumers would have guidance 
provided by the equipment manufacturer in the owner's manual. In 
addition, we note that the use conditions provide additional safety 
measures that make equipment owners, consumers, and emergency first 
responders aware of the presence of a flammability risk and that 
minimize the risk that refrigerant concentrations would reach flammable 
or explosive levels.
    Comment: NAFEM noted that some local building and fire safety codes 
still do not allow even small quantities of flammable refrigerants and 
that manufacturers will be forced to maintain their current use of R-
134a and R-404A until states and municipalities update their codes. 
Traulsen believed that all issues regarding codes, standards, safe 
handling and venting can and should be resolved before the option to 
switch to a flammable refrigerant is the only choice available to a 
manufacturer or equipment purchaser.
    Response: This current rule expands rather than limits the 
refrigerant choices available in each of the proposed end-uses; thus, 
no one is restricted to using a flammable refrigerant in those end-
uses. There are multiple acceptable nonflammable refrigerants available 
for use in these end-uses. Government and industry cooperation, such as 
the task force formed to examine and work towards updating building 
codes to allow use of alternative refrigerants, has begun to address 
barriers to revising building codes. However, in the absence of any 
flammable refrigerant being acceptable for use, government and other 
code-setting bodies may not have an incentive to revise codes to 
address the use of flammable refrigerants. EPA supports the concept of 
a national training program for flammable refrigerants and welcomes 
industry efforts to educate technicians on proper

[[Page 19478]]

refrigerant use and proper service and disposal practices, including 
safe handling and venting.
    Comment: NAFEM is concerned the rulemaking will result in danger to 
the public as flammable refrigerants are forced into certain market 
applications.
    Response: This rule does not require the use of flammable 
refrigerants; other, non-flammable refrigerants remain available for 
use in each of the end-uses addressed in this action. Further, as 
discussed in the proposed rule and elsewhere in the preamble to the 
final rule, this action requires that when the listed flammable 
refrigerants are used in the specific end-uses, they will be used under 
specific conditions that will mitigate the flammability risks.
    Comment: Hoshizaki America requested that refrigerants used in the 
commercial refrigeration sector be from the A1 group. The commenter 
noted that refrigerant manufacturers are in the phase of gaining 
approval of nonflammable refrigerants that have low GWPs. The commenter 
claims that these refrigerants would be near drop-in replacements with 
added efficiency benefits. Structural Concepts, a manufacturer of 
commercial refrigeration equipment, requested EPA to approve R-448A, R-
449A, and R-450A (nonflammable refrigerant blends of HFOs and HFCs) for 
the stand-alone, supermarket, and condensing unit end-uses.
    Response: There are multiple non-flammable A1 refrigerants listed 
as acceptable for commercial refrigeration (retail food refrigeration 
and vending machines), including CO2 and, as mentioned by 
the commenter, R-450A, a non-flammable refrigerant blend that performs 
very similarly to HFC-134a but with a lower GWP. As of the writing of 
this final rule, EPA was still reviewing submissions for R-448A and R-
449A.
    Comment: Hoshizaki America noted that stand-alone refrigeration 
equipment is well-known for having low probability of field leaks as 
leaks in such equipment would prevent the equipment from maintaining 
safe temperature for food. Due to low probability of leaks, the 
commenter believes the evaluation of commercial refrigeration products 
should be considered separate from other fields which exhibit larger 
leakage to the atmosphere.
    Response: EPA agrees that stand-alone refrigeration equipment is 
less likely to leak than other types of refrigeration equipment, such 
as remote systems. This final rule lists a number of flammable 
refrigerants acceptable, subject to use conditions, for use in stand-
alone refrigeration equipment such as stand-alone retail food 
refrigeration equipment, very low temperature refrigeration equipment, 
and household refrigerators, freezers, and combination refrigerator/
freezers. We note that for purposes of our review, we consider each 
end-use separately.

E. Use Conditions

1. New Equipment Only; Not Intended for Use a Retrofit Alternative
    Comment: Traulsen, ISRI, and Hudson Technologies, a refrigerant 
reclaimer, supported limiting the use of the substitutes to new 
equipment.
    Response: EPA appreciates the support for our proposal to establish 
use conditions to limit the use of the substitutes to new equipment 
only and agrees with the commenters. EPA is including this use 
condition in this final action.
2. Compliance With UL Standards
    Comment: AHRI, DuPont, and GE Appliances stated that the UL 484 
Standard (for room AC units) is being revised to match the fourth 
edition of IEC 60335-2-40, and that these revisions will likely include 
a reduced allowable charge level for flammable refrigerants. According 
to the commenters, this reduction was determined to be necessary for 
safe use by a group of U.S. experts. The new limit is determined by the 
equation ``Charge limit = 3 m\3\ x LFL, where LFL is the lower 
flammable limit in kg/m\3\ for the refrigerant used.'' The commenters 
noted that the charge level is small enough that restriction based on 
room size is not necessary. As such, the commenters recommended that 
EPA modify the methodology used to determine maximum charge level and 
revise the 3rd paragraph of use conditions as follows:
    ``The charge size for the entire air conditioner must not exceed 
the maximum refrigerant mass determined according to Appendix F of UL 
484, 8th edition for the room size where the air conditioner is used. 
The charge size for these three refrigerants must in no case exceed 918 
g (32.4 oz or 2.02 lb) of HFC-32; 114 g (4.0 oz or 0.25 lbs) of 
propane; or 123 g (4.3 oz or 0.27 lb) of R-441A..'' [The previous 
sentence is in place of the proposed statements, ``The charge size for 
these three refrigerants must in no case exceed 7960 g (280.8 oz or 
17.55 lb) of HFC-32; 1000 g (35.3 oz or 2.21 lb) of propane; or 1000 g 
(35.3 oz or 2.21 lb) of R-441A. The manufacturer must design a charge 
size for the entire air conditioner that does not exceed the amount 
specified for the unit's cooling capacity, as specified in Table A, B, 
C, or D of this appendix.''].
    The commenters note that they expect the next revision to UL 484 to 
be published by the end of 2014 or early 2015.
    Response: EPA understands that the consensus-based standards that 
are the basis of the use conditions in the proposed rule are under 
review and may change in the future. This is true for all standards 
controlled by an active organization such as UL. EPA does not believe 
that it would be appropriate to adopt use conditions to reflect 
standards that are not yet final and may still be subject to change. 
EPA believes the consensus-based standards it relied upon are 
protective of human health, rest upon sound science and reflect the 
currently used and accepted guidelines in the appliance industry. Our 
risk screens found that equipment that met EPA's proposed charge limits 
based on the current, 8th Edition of UL 484 did not exceed the LFL or 
exposure limits for each of the three refrigerants proposed for use in 
room AC units, even in relatively small spaces. If UL 484 is revised in 
the future, or if other information becomes available that would 
support a change in charge size limits, particularly to address 
specific risks, EPA remains open to revising the charge size use 
condition and/or the specific edition of the UL standard, whether in 
response to a petition or in an action initiated by EPA.
    Furthermore, the commenters did not provide any technical support 
for the changes they anticipate will be made to the UL 484 Standard, 
nor do they provide information demonstrating that the charge sizes we 
proposed present unacceptable risks. We also note that while the 
commenters suggest that the charge size they anticipate will be 
included in a revision to the UL 484 Standard will be small enough that 
no restrictions based on room size would be needed, our understanding 
is that the current UL 484 standard includes formulas for charge limits 
based upon a peer-reviewed study (Kataoka et al., 2000) and the IEC 
60335-2-40 Standard (EPA, 2015).
    By relying on the existing UL standard, EPA remains consistent with 
our approach in listing other flammable refrigerants acceptable, 
subject to use conditions, including charge size limits (76 FR 78832; 
December 20, 2011) as set forth in the applicable UL standards at the 
time of our final listing action.
    We believe that reliance on current standards, developed with a 
focus on U.S. products and applications, are more appropriate than 
potential future standards that have not yet been

[[Page 19479]]

adopted. We believe reliance on existing standards provides certainty 
for manufacturers, while reducing the flammability risks that may exist 
due to use of the flammable refrigerants listed in this action. While 
charge size limits may change in the future, EPA cannot anticipate the 
timing or extent of such changes.
    Should a manufacturer seek UL approval of their equipment in a 
possible future where the standard has changed, they would need to meet 
both the use conditions EPA has finalized today and meet the presumably 
more restrictive requirements of the UL standard applicable at the time 
they are seeking UL approval. We also note that should a manufacturer 
choose to adopt one of the refrigerants covered by today's action, they 
must decide what charge size they will design their equipment for and 
may choose any charge size equal to or below the maximums set under 
today's action.
    Comment: The Association of Home Appliance Manufacturers (AHAM) and 
the Alliance stated that EPA should work towards a harmonized 
international standard. UL noted their organization's work towards 
harmonizing standards through the introduction of the UL 60335-2-40 
Standard. This commenter suggested that EPA allow compliance with both 
the UL 484 and the UL 60335-2-40 Standards. UL also clarified that the 
UL 484 Standard will eventually be withdrawn and replaced with the UL 
60335-2-40 Standard, possibly in 2020.
    Response: EPA appreciates information regarding efforts that may 
result in the withdrawal of UL 484 and its being replaced by UL 60335-
2-40 perhaps by 2020. As provided in the previous response, however, 
EPA believes it is appropriate to rely on the existing UL 484 Standard 
in this final rule. If UL 484 is replaced with UL 60335-2-40 in the 
future or is otherwise modified, EPA remains open to revising the use 
condition, whether in response to a petition or in an action initiated 
by EPA. Regarding the comment that the use condition allows compliance 
with either UL 484 or UL 60335-2-40, we note that today there are some 
differences in labeling requirements and in the specific tests to be 
performed that could lead to confusion and difficulty in enforcing 
requirements of two standards simultaneously. Moreover, as noted in our 
previous response, EPA's consistent practice for flammable refrigerants 
has been to base the use conditions on the applicable UL standard.
    Comment: Daikin notes a discrepancy between UL 484, which allows 
for limited ducts used in PTAC installations, and the EPA footnote 10, 
which indicates that no ducts can be used for PTACs using HFC-32. This 
commenter believes that the UL 484 standard should be followed, as 
ducts present no additional fire risk in systems with hermetically 
sealed refrigerant loops.
    Response: EPA agrees with the commenter that UL 484 does allow for 
limited ducts in PTAC installations, contrary to footnote 10 in the 
preamble to the proposal. In this final action, we are clarifying by 
correcting that footnote to be consistent with the 8th edition of the 
UL 484 standard by removing the statement about ducts.
    Comment: Traulsen recommends that EPA consider that equipment being 
manufactured specifically for markets outside the United States is 
governed by the applicable standards and guidelines of those countries. 
The commenter states that the proposed use conditions would restrict a 
manufacturer's ability to place a product on the market in another 
country. The commenter encourages the EPA to allow flexibility for 
products to be sold into global markets, providing that such equipment 
is clearly marked for export purposes only. For example, Traulsen 
requested that equipment manufactured exclusively for export only be 
subject to the charge sizes in regulations applicable to the 
destination country.
    Response: Under Section 612 of the CAA and EPA's implementing 
regulations in Subpart G of 40 CFR part 82, the SNAP program is 
applicable to any person introducing a substitute into interstate 
commerce. This applies to the introduction into interstate commerce of 
any appliances produced in the United States, including appliances that 
will be exported. EPA has previously responded to comments about the 
applicability of the SNAP program to products destined for export. Most 
recently, in a final rule issued December 20, 2011, EPA responded to a 
comment concerning whether appliances manufactured for export should be 
allowed to have larger charge sizes than those being sold in the United 
States (and thus not have to comply with the use conditions being 
established in that rule). EPA stated that:

    Under Section 612 of the Clean Air Act, the SNAP program is 
applicable to any person introducing a substitute into interstate 
commerce. Interstate commerce is defined in 40 CFR 82.104(n) as: 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 the District of Columbia. The entry points 
for which the 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. This definition applies 
to any appliances produced in the United States, including 
appliances that will be exported. (76 FR 78846)

    The commenter has provided no new information that would cause us 
to reverse our earlier decision.
    We believe that compliance with these final use conditions, 
including the specified UL standards and charge sizes, does not 
restrict or prohibit manufacturers from exporting to other markets. For 
most of the uses addressed in this rule, international standards 
regarding charge size are the same as those we are establishing in the 
use conditions.
    In the case of household refrigerators and freezers, the charge 
size requirement in our regulation is more stringent (57 g vs. 150 g) 
than the comparable international standard. Even in this case, however, 
the use condition would not restrict or prohibit the export of products 
to international markets. Rather, the manufacturers could export 
products so long as they complied with all of the use restrictions, 
including the charge size of no more than 57 g.
3. Charge Size Limitations
    Comment: EIA stated that the propane charge limit size of 57 g for 
household refrigerators and freezers, set by the UL 250 standards, 
should be increased to 150 grams, matching the IEC 60335-2-24 
standards. The commenter notes that this is consistent with European 
policies, and corresponds to an R-22 charge size of 300-350 grams.
    Response: As discussed in our previous final rule that required a 
charge size of 57 g for R-441A and isobutane in household refrigerators 
and freezers, ``EPA does not have sufficient information supported by 
safety testing data at this time from other commenters, industry, U.S. 
national safety organizations, or non-governmental organizations to 
support a charge size limit different from one based on UL 250, such as 
the 150-gram limit in IEC 60335-2-24.'' (76 FR 78845; December 20, 
2011). Further, our risk screen analysis of potential exposure at end-
use for a household refrigerator/freezer indicates that in a worst-case 
release scenario, a charge as small as 104 g could result in consumer 
exposure above the STEL of 6,900 ppm for propane (ICF, 2014h). The 
commenter did not submit any technical

[[Page 19480]]

information showing that a charge size of 150 g could be used in this 
end-use without posing a significantly greater risk than other 
available substitutes.
    Comment: UL believes that the lowered charge limits suggested by 
the Joint Task Group (JTG) and Standards Technical Panels (STP) from 
the 2011 Flammable Refrigerant Stakeholder Forum are especially 
important for safety in room AC units, given that many room air 
conditioners are removed from wall or window sleeves annually and 
placed in storage, potentially increasing the risk of ignition in the 
presence of flammable refrigerants.
    Response: EPA recognizes that many room air conditioners are 
removed and placed in storage, for example when changing from warmer, 
summer temperatures to colder, winter temperatures. This fact was 
understood when the current charge limits set in UL 484 were developed. 
While we recognize that an annual removal/replacement cycle could 
increase the risk that refrigerants in such products might leak, we are 
not aware of, nor did we receive comments providing a safety assessment 
that would give an analytical basis on which to set charge size limits 
different than those proposed. EPA does not believe that the commenter 
fully justified the need or reason to change our proposed charge size 
limit, which are based on the existing UL 484 Standard (8th edition), 
to a charge size recommended by the JTG and STP, but not yet formally 
adopted.
    Comment: Enertech Global believes that the proposed charge 
limitations for propane found in Table 4, Maximum Design Charge Sizes 
for Packaged Terminal AC Units and Heat Pumps and Portable AC Units, 
are set too low and that it is not feasible to manufacture a unit with 
the specified cooling capacity using the small refrigerant charges 
listed. De' Longhi, another manufacturer of AC equipment, stated that 
under relevant standards, there is a specific formula with higher 
charges allowed for portable AC units in IEC 60335-2-40 Clause gg.8 and 
UL 484 Appendix F Clause F.1.7 (e.g., 300 g for a capacity of 12,000 
BTU/hr instead of 160 g under the proposal). This commenter states that 
there are additional safety requirements specifically for portable AC 
units that allow for larger charge sizes.
    Response: EPA is establishing a use condition that sets charge size 
limits based on the need to ensure the risk to human health and the 
environment posed by propane is not significantly greater than that for 
other available substitutes, not on the feasibility of manufacturing 
specific products. The charge sizes in the proposed and final rule are 
based upon the UL 484 Standard, 8th Edition. For portable AC units, the 
use condition establishing charge size relies on the provisions of UL 
484 Appendix F Clauses F.1.7-F.1.14. Clause F.1.7 allows non-fixed, 
factory-sealed units, which for purposes of this rule we define solely 
as portable room AC units, to follow the formula:

Mmax = 0.25 x A x LFL x 2.2

Where,
Mmax is the maximum charge size in kg,
A is the room area in m\2\ and
LFL is the lower flammability limit in kg/m\3\.

    The formula applies only to units with a refrigerant charge M that 
is less than or equal to twice the value of ``m1,'' which in 
turn is defined as four cubic meters multiplied by the LFL in kg/m\3\.
    Similar to the use-conditions set forth for other room air-
conditioners, EPA is setting additional charge size limits according to 
the normal rated capacity of the unit. For portable room air 
conditioners, these maximum charge sizes in terms of capacity are in 
Table E (also described above in Section III.C.3, ``Charge size'').
    Comment: Daikin stated that the charge limits in UL Standard 484 
are sufficient to protect the safety of all involved in the use and 
maintenance of relevant equipment, and that any further limitations 
would cause the commenter ``to revisit EPA's justifications for any R-
32 charge size limits.'' The commenter agreed with the guidance to use 
linear interpolation to determine maximum charge size if the capacity 
lies between two values in EPA's tables and believes that it would not 
be beneficial to add any more values to the tables. The commenter also 
states that a requirement for manufacturers to match charge size to 
design cooling capacity in flammable refrigerant systems would not 
significantly reduce fire risk.
    Response: EPA is finalizing charge size limits for room air 
conditioners as proposed, including a linear interpolation, as 
supported by this commenter. EPA notes in its response to other 
commenters that if and when charge sizes are updated, EPA remains open 
to revising the charge size use condition, whether in response to a 
petition or in an action initiated by EPA. EPA also believes that the 
use condition requiring manufacturers to meet charge size limits based 
on design cooling capacity may allow for more appropriate selection of 
unit sizes by the end-user than the use of room area, as well as 
greater enforceability.
    Comment: ComStar opposed the use of HFC-32 as a refrigerant in 
indoor applications because of its proposed high charges, as well as 
its toxicity, flammability, and GWP over 600. The commenter remarked 
that the use of R-32 in indoor applications is counter to ``the 
direction foreign governments, science, and OEMs are heading.''
    Response: Charge sizes are higher for HFC-32 under this standard 
than for propane or R-441A, the other refrigerants proposed for use in 
room air conditioners, because HFC-32 is far less flammable and has a 
much higher LFL. Based on the safety testing available in the record 
for this action, we believe that meeting a charge size that is no 
higher than that provided in the use conditions, HFC-32 does not pose 
significantly greater risk than other refrigerants in the room air 
condition end-use. This testing addressed flammability and toxicity 
risks. Moreover, HFC-32's GWP of 675 is two-thirds less than that of 
the most commonly used alternative for this type of equipment, R-410A 
(approximately 2,090) and also significantly lower than that of HCFC-22 
(1,810) and R-407C (approximately 1,770). The only currently acceptable 
alternatives in this end-use with lower GWP include ammonia absorption 
and the non-vapor compression technologies evaporative cooling and 
desiccant cooling. However, there are technical limits on the effective 
use of the non-vapor compression technologies in different climates, 
and ammonia has a higher toxicity that HFC-32 and the other 
alternatives.
    Regarding the direction of foreign governments, we note that EPA is 
setting requirements for appliances that enter interstate commerce in 
the United States. The European Union (EU) regulations addressing 
fluorinated substances allow use of refrigerants with a GWP of up to 
750 for split residential AC, which includes the potential for HFC-32 
to be used, while their regulations do not allow for refrigerants with 
a GWP higher than 150 in ``moveable room air-conditioning appliances,'' 
which would exclude HFC-32 for that type of equipment. The EU 
regulations also include a phasedown schedule with a plateau and not a 
complete phaseout of HFCs. Thus, it does not appear that the EU F-gas 
regulations are moving in a direction away from allowing for HFC-32 for 
all end-uses. EPA based charge size limits on UL 484, which is the same 
approach used for other refrigerants which this commenter supports.
    The listing of HFC-32 acceptable subject to use conditions 
contained in

[[Page 19481]]

today's action does not prevent OEMs from choosing a different 
refrigerant; it only provides an option for those who wish to pursue 
it. Further, EPA notes that the submission under SNAP for the use of 
HFC-32 came from an OEM that supports its use in United States as well 
as in other markets around the world.
    Comment: A.S. Trust & Holdings stated that they are surprised by 
the high charge amount for HFC-32, given its flammability. Further, the 
commenter provided charge information for R-443A and has noted that the 
LFL of R-441A is nearly identical to that of R-443A, such that the 
maximum allowable charge per room volume for a portable AC unit charge 
with R-441A could be determined via the similar chart for R-443A.
    Response: EPA set the charge size limits for HFC-32 using the same 
approach as used for the other refrigerants listed as acceptable 
subject to use conditions for self-contained room air conditioners. 
Charge sizes are higher for HFC-32 under the UL 484 standard than for 
propane or R-441A, the other refrigerants proposed as acceptable for 
use in room air conditioners, because HFC-32 is far less flammable and 
has a much higher LFL. As discussed above, we have set the charge sizes 
for R-441A based upon the formulas in UL 484, including new charge size 
limits for portable AC units.
    Comment: Traulsen stated it agrees with the necessity of charge 
sizes, but requested that these limits be continually revisited and 
updated as applicable standards update safety information.
    Response: EPA notes that charge size limits within consensus-based 
standards are under constant revision and updating. In fact, several 
commenters supplied information about one or more revisions that are 
under consideration. If and when charge sizes are updated, EPA remains 
open to revising the charge size use condition, whether in response to 
a petition or in an action initiated by EPA.
    Comment: Panasonic Healthcare, a manufacturer of very low 
temperature refrigeration equipment, stated that the maximum charge 
size for propane in commercial refrigeration applications should be 150 
g per circuit, matching the level described for ethane in commercial 
refrigerators and freezers, given that both are subject to the 10th 
edition of UL 471.
    Response: In a previous rulemaking (76 FR 78832; December 20, 
2011), EPA found propane acceptable subject to use conditions, 
including a charge size limit of 150 g as specified in the 10th edition 
of UL 471, in stand-alone retail food refrigeration equipment. EPA did 
not receive a SNAP submission, and did not address in its proposed 
rulemaking, the use of propane in very low temperature refrigeration.
    Comment: Master-Bilt Products stated that the 150 g charge limit 
will allow for only 25% of its self-contained models to be used, as the 
BTU/hr capacity required for larger models cannot be achieved at the 
charge limit. The commenter also noted that it is unclear if multiple 
systems can use the 150 g charge in one larger model.
    Response: EPA recognizes that a charge size limit, regardless of 
what it is, could restrict the types of products that could be 
manufactured with these refrigerants. Manufacturers may choose to 
pursue these refrigerants for smaller BTU/hr capacity equipment and/or 
investigate technologies that could extend the use of these 
refrigerants to larger equipment while still meeting the 150 g use 
condition. Consistent with previous actions, (76 FR 78832; December 20, 
2011), the charge size limit applies to any sealed refrigeration system 
in a product, and some products could employ two or more separate 
sealed systems. EPA notes that if more than one sealed system is 
employed, each must meet the charge size limit (i.e., 150 g each). 
Having multiple sealed systems is of less concern than having a single 
system with the same combined charge since the probability of two 
sealed systems leaking simultaneously is lower than that of any one 
system leaking. See 76 FR at 78845.
4. Color-Coded Hoses and Piping
    Comment: Daikin stated that HFC-32 is unique in being a ``lower 
flammability'' refrigerant in the A2L category of the ASHRAE standard 
and in being subject to venting restrictions, as opposed to the other 
four substitutes that are ``higher flammability'' refrigerants in the 
A3 category of the ASHRAE standard and that are to be exempted from the 
venting restriction. In light of this, the commenter requested the use 
of ANSI Safety Yellow PMS #109 for HFC-32 and continued use of red PMS 
#185 for the other four substitutes. The commenter asserted that this 
change will avoid confusion and inadvertent venting of HFC-32 by 
installers and technicians.
    Response: Red coloring is understood to represent ``hot,'' 
``stop,'' or ``danger,'' and red coloring will provide technicians, 
consumers, and emergency responders with an unambiguous signal that a 
potential hazard is present. The latter two groups in particular are 
more likely to be familiar with the meaning of red coloring and to 
consider that color as a warning of danger. Yellow coloring could 
communicate the flammability risks less clearly than red, and use of 
two colors for different flammable refrigerants may both increase 
confusion and dilute the effectiveness of the coloring as a warning. 
EPA is finalizing a requirement to use red PMS #185 coloring on hoses 
and tubing for equipment charged with HFC-32, R-441A, or propane in 
room air conditioners. This is the same color specified in AHRI 
Guideline N-2012, ``Assignment of Refrigerant Container Colors,'' to 
identify containers of flammable refrigerant, such as propane, 
isobutane, and R-441A (AHRI, 2012). We believe the purpose of the 
coloring is to communicate the presence of a flammable refrigerant and 
that this purpose can be accomplished best by using the same coloring 
for HFC-32, propane, isobutane, and R-441A. EPA may consider whether 
there should be added markings to communicate when a refrigerant may or 
may not be vented in a future rule.
    Comment: Traulsen agreed that the colored hoses and piping may 
increase attention.
    Response: EPA agrees with the commenter.
    Comment: Traulsen stated that the benefits of colored hoses and 
piping have not been proven relative to the cost of burden in any 
studies. Additionally, the commenter noted that if a product is 
serviced, there is a risk that the sleeve or cap may not be properly 
replaced unless EPA establishes a ``safe practice'' for servicers.
    Response: EPA does not believe that this requirement will impose a 
burdensome additional cost. The only commenter to raise this point did 
not provide any information about what such costs might be and why the 
commenter thought they would be burdensome. EPA believes that the use 
of a sleeve or cap is consistent with the use condition as long as the 
requirements of the use condition (use of PMS #185, location, and 
dimension) are met. However, in order to remain in compliance with the 
use condition, a technician who removes a sleeve during servicing is 
required to replace the sleeve on the serviced tube.
    The purpose of the colored hoses and tubing in this case is to 
inform service technicians, consumers and emergency responders that a 
flammable refrigerant is in use and to enable technicians to take 
additional precautions (e.g., reducing the use of sparking equipment) 
as appropriate to avert accidents when servicing the appliance. Color 
coding is particularly useful in the event that labels are no longer 
legible. The air-conditioning and refrigeration industry

[[Page 19482]]

currently uses distinguishing colors to identify containers of 
different refrigerants. Likewise, distinguishing coloring is used 
elsewhere to indicate an unusual and potentially dangerous situation, 
such as the use of orange-insulated wires in hybrid electric vehicles.
    The labeling requirement discussed in Section III.C.5 will 
complement the color-coding requirements by providing a more precise 
warning of the potential hazards and necessary precautions. Further, it 
is possible that labels, particularly those on the outside of the 
appliance, may be removed or fall off or become illegible over time; 
adding red coloring on tubing inside the appliance provides additional 
assurance that technicians will be aware that a flammable refrigerant 
is present.
5. Labeling
    Comment: Traulsen, ISRI, Daikin, and Hudson Technologies expressed 
support for the requirement for warning labels. Traulsen stated that 
because equipment is designed for multiple markets with different 
languages, the warning symbols and colors should be sufficient to allow 
for \1/8\-inch lettering in the UL standards as opposed to the \1/4\-
inch proposed.
    Response: EPA appreciates the support for the requirement for 
warning labels. Regarding the lettering size, EPA continues to believe 
that it would be difficult to read warning labels with the smaller \1/
8\-inch lettering stipulated by UL 250 and UL 471 and is finalizing the 
\1/4\-inch minimum height proposed, making it easier for technicians, 
consumers, retail store-owners, and emergency first responders to see 
the warning labels. The color markings would be inside the equipment 
where technicians could see them, but not consumers, retail store-
owners, or emergency first responders. The warning symbol appears in 
fewer locations than the warning labels and provides less information, 
and thus is not a substitute for an easily readable set of warning 
statements.
6. Unique Service Fittings
    Comment: The Alliance, Hudson Technologies, and ISRI, supported the 
use of unique service fittings for flammable refrigerants, in response 
to EPA's proposal to recommend, but not require, such fittings. Hudson 
Technologies and ISRI stated that EPA should require unique service 
fittings. Traulsen agreed with the decision to not require service 
ports for self-contained equipment given the increased risk of system 
leaks. The commenter acknowledged that requiring a different service 
port for non-flammable refrigerants may establish a ``safe practice,'' 
but noted that it does not guarantee servicing companies will safely 
work on installed equipment. The Alliance stated that separate fittings 
for flammable refrigerants, in addition to color coded hosing and 
piping, will be an effective warning system to alert technicians to the 
presence of flammable substances. ISRI stated that these fittings will 
be useful for the future recovery of refrigerants by recyclers.
    Response: EPA agrees with commenters that service ports and unique 
fittings should not be required for self-contained equipment given the 
increased risk of system leaks. EPA also agrees that separate fittings 
for flammable refrigerants, in addition to color-coded hosing and 
piping and warning labels, can be an effective warning system to alert 
technicians to the presence of flammable substances, and that these 
fittings would be useful for the future recovery of refrigerants by 
recyclers. We disagree with the commenters that suggested we require 
unique fittings as a use condition. While there are some benefits to 
unique fittings, there are also concerns. As we recognized in our 
December 2011 rule, these concerns include that: Installation of 
fittings at the time of manufacture is not appropriate for certain 
appliance types; additional fittings present an increased leak risk; 
the ease of circumventing the requirement; and inconsistency with UL 
and international standards. In particular because the types of 
equipment in this rule are self-contained and have a hermetically-
sealed refrigerant circuit, installing fittings at manufacture would 
increase the risk of leakage and thus increase potential of a fire. 
Also, the UL standards that are incorporated by reference in the use 
conditions do not allow for equipment to be constructed with an access 
port (which would be where unique servicing fittings would be installed 
on the equipment). Therefore, this final rule continues to recommend, 
but not require, only if someone chooses to add an access port that 
they do so with separate servicing fittings for flammable refrigerants 
and that they only consider this where it is not prohibited by the 
required UL standard.

F. Technician Training

    Comment: A number of commenters stated that technicians should be 
properly trained in handling flammable refrigerants, with Traulsen, 
NAFEM, ICOR, Hudson Technologies, and the Alliance commenting that 
training should be mandatory. Daikin, the Alliance, and DuPont 
expressed concern that technicians could be confused if EPA exempts 
certain refrigerants from venting requirements. Hoshizaki America 
commented that U.S. technicians are not properly trained in servicing 
appliances with flammable refrigerants, EPA does not explain the risk 
of explosion well, and that U.S. industry and consumers might not be 
aware that a unit contains flammable substances. ARA includes a list of 
questions about MSDSs that HVACR contractors can ask to improve safety 
with any refrigerant.
    Response: While EPA appreciates the concerns raised by the 
commenters, we have been exempting certain refrigerant substitutes from 
the venting prohibition since 1995. EPA already exempts certain 
refrigerants used from the venting prohibition including propane (in 
retail food refrigeration--stand-alone units only), and isobutane and 
R-441A (in household refrigerators, freezers, and combination 
refrigerator/freezers). Therefore, we do not believe that continuing 
with this established practice should cause confusion.
    The Agency understands that over the past 20 years there have been 
numerous developments in this industry and that often training programs 
are developed to familiarize technicians with these changes, including 
the introduction of new refrigerants. EPA is aware of such continuing 
education programs offered by vocational schools, unions, trade 
associations, equipment manufacturers and other entities that provide 
technicians information on a range of technology developments. 
Therefore, the Agency recommends that anyone servicing appliances with 
a flammable refrigerant receive appropriate training and follow 
industry best practices. Given the extent of technical knowledge 
available within the industry and the presence of voluntary training 
programs, we believe that it is not necessary for EPA to require 
training at this time in order for these newly listed refrigerants to 
be used as safely as other refrigerants currently available.
    EPA is not requiring training through today's action. EPA notes 
that the Agency does require technician certification under Section 608 
for technicians servicing, maintaining, or repairing appliances 
containing ozone-depleting refrigerants, but does not require any 
specific training and the certification program is limited in its 
scope, as it is not intended to replace vocational training. The goals 
of the Section 608 technician certification program reflect the need to 
reduce emissions during servicing,

[[Page 19483]]

maintenance, repair, and disposal. The complete requirements are 
included at 40 CFR part 82, subpart F. Currently the regulations 
require anyone who services, maintains or repairs appliances containing 
an ozone-depleting refrigerant to be tested and certified. However, the 
Agency is undertaking a review of the Section 608 technician 
certification requirements--including whether to address flammable 
refrigerant substitutes--through a separate process.

G. Venting Prohibition

    Comment: ISRI and a number of private citizens support EPA's 
conclusion that venting hydrocarbons does not pose a threat to the 
environment. One commenter notes that other countries allow venting of 
hydrocarbons. In contrast, Hudson Technologies believes intentional 
venting to the atmosphere to be poor environmental policy and that the 
low GWP of hydrocarbons does not justify their exemption from venting 
prohibitions.
    Response: For the reasons discussed in section III.D, ``Venting 
prohibition,'' EPA agrees that venting, release, or disposal of the 
following hydrocarbon refrigerant substitutes in the following end-uses 
and subject to the use conditions listed in this action does not pose a 
threat to the environment: (1) Isobutane and R-441A in retail food 
refrigerators and freezers (stand-alone units only); (2) propane in 
household refrigerators, freezers, and combination refrigerators and 
freezers; (3) ethane in very low temperature refrigeration equipment 
and equipment for non-mechanical heat transfer; (4) R-441A, propane, 
and isobutane in vending machines; and (5) propane and R-441A in self-
contained room air conditioners for residential and light commercial 
air conditioning and heat pumps. EPA's decision is based on 
consideration of multiple environmental characteristics and not just 
GWP. The comments do not give us sufficient reason to change our 
proposed conclusion that these refrigerant substitutes in these end-
uses, subject to the required use conditions, do not pose a threat to 
the environment or to change this final rule so that they would not be 
exempt from the venting prohibition.
    In addition, EPA's exemption from the CAA venting prohibition of 
these substances in these end-uses is consistent with how other 
countries, including Australia, Japan, and those in the European Union, 
regulate the venting of hydrocarbons.
    Comment: ARA and some private citizens asserted that HFC-32 has a 
significant impact on the environment, with a 100-year GWP of 675, 
raised concerns about its toxicity in the context of venting, and 
stated that it should not be exempt from the venting prohibition.
    Response: EPA did not propose to create an exemption to the venting 
prohibition for HFC-32 and is not establishing such an exemption in 
this final action. Therefore, the venting prohibition under Section 608 
and the implementing regulations at 40 CFR 82.154(a)(1) on knowingly 
venting, releasing, or disposing of refrigerant substitutes still 
applies to HFC-32 (and all other fluorinated gases), including in the 
end-use for which we are taking final action today under SNAP (i.e., 
room AC units).
    Comment: Traulsen, Hoshizaki America, NAFEM and DuPont expressed 
concern about the potential confusion from and safety consequences of 
EPA's proposal to exempt certain substances from the venting 
prohibition. DuPont states that the differential treatment of 
refrigerants in such a manner could be misunderstood and could lead to 
unintended venting and environmental consequences from the release of 
ozone-depleting refrigerants.
    Response: EPA has evaluated the environmental and safety 
considerations of venting in: (1) Isobutane and R-441A in retail food 
refrigerators and freezers (stand-alone units only); (2) propane in 
household refrigerators, freezers, and combination refrigerators and 
freezers; (3) ethane in very low temperature refrigeration equipment 
and equipment for non-mechanical heat transfer; (4) R-441A, propane, 
and isobutane in vending machines; and (5) propane and R-441A in self-
contained room air conditioners for residential and light commercial 
air conditioning and heat pumps. After this review, EPA has determined 
the exempted releases do not pose a threat to the environment and thus 
that it is appropriate to exempt these refrigerant in these specific 
end-uses and subject to these use conditions from the venting 
prohibition under Section 608(c) of the CAA. The comments do not 
provide sufficient grounds to compel us to change that conclusion. 
While EPA appreciates the concerns raised by the commenters, the agency 
has been exempting certain refrigerant substitutes from the venting 
prohibition since 1995. Therefore, we do not believe that continuing 
with this established practice should cause confusion. Also, as 
discussed above, the Agency is undertaking a review of the Section 608 
technician certification requirements--including whether to address 
flammable refrigerants--through a separate process.
    Comment: CARB was concerned with the potential increase in ground-
level ozone formation resulting from venting hydrocarbons, especially 
in non-attainment regions in California such as the South Coast Air 
Basin and the San Joaquin Valley Air Basin. CARB commented that their 
own modeling results agree with the conclusion of Scenario 4 of EPA's 
air quality modeling results.
    Response: EPA has assessed the possible increase in ground-level 
ozone formation and believes it is appropriate to finalize the 
exemption from the venting prohibition as described in this action. We 
found that even if all the refrigerant in appliances in end-uses 
addressed in this rule were to be emitted, there would be a worst-case 
impact in the Los Angeles area of less than 0.15 ppb. Further, this 
estimate is likely to be higher than the impact resulting from actual 
emissions due to venting of the refrigerant substitutes listed in this 
rule in the specified end-uses, because the estimate includes emissions 
from a more reactive refrigerant substitute that is not listed and not 
allowed to be vented under this rule. Because of the relatively low air 
quality impacts of these refrigerants if they are released to the 
atmosphere in limited amounts, as well as the factors discussed above, 
such as their low GWP, zero ODP, and lack of aquatic effects, EPA is 
concluding that these four hydrocarbon refrigerant substitutes in the 
end-uses and subject to the use conditions do not pose a threat to the 
environment. For more detail, see Sections III.D, IV.A and VI.B.
    Comment: Two private citizens state that hydrocarbons are non-toxic 
and therefore venting of hydrocarbon refrigerants into the atmosphere 
would be an acceptable practice.
    Response: While the hydrocarbons being listed as acceptable in this 
rule are generally low in toxicity, they can lead to asphyxiation and 
other adverse health effects in high enough concentrations. Therefore, 
EPA considered exposure limits and potential exposure concentrations 
when assessing the safety and the acceptability of hydrocarbons under 
SNAP. This analysis found that the listed refrigerant substitutes, when 
used according to the required use conditions, would not exceed the 
relevant exposure limits (e.g., TLVs, STELs, or AEGLs), indicating that 
toxicity is not a significant risk for the specific refrigerant 
substitutes in the end-uses listed when used according to the required 
use conditions. See

[[Page 19484]]

Sections III.D.4.ii and IV.C for more detail on EPA's toxicity 
assessment of these refrigerants during servicing and disposal. Thus to 
the extent that this information is relevant to EPA's determination 
under Section 608(c)(2), EPA does not believe that toxicity 
considerations preclude finalizing the exemption from the venting 
prohibition in this action.
    Comment: Traulsen, Hoshizaki America, NAFEM, ICOR and DuPont 
expressed concerns about the flammability of hydrocarbon refrigerants 
and the adequacy of safety measures during venting. DuPont stated that 
because of the low minimum ignition energy of hydrocarbon refrigerants, 
these refrigerants are easily ignited by static electricity. This 
commenter stated that venting in an uncontrolled environment could lead 
to unsafe conditions. NAFEM and ICOR mentioned that use of a class B 
fire extinguisher would not be sufficient to avoid an explosive 
condition.
    Response: Because of safety concerns, EPA has required numerous use 
conditions for appliances using flammable refrigerants as part of the 
SNAP listings. A discussion of the SNAP use conditions and EPA's 
assessment of safety, which considered a full release of the charge 
within one minute, is available in the risk screens released with the 
proposal. When it comes to servicing, the charge size limit and the 
labeling requirements (e.g., visible warning statement and red coloring 
on the pipes, hoses and devices which contain refrigerant) will reduce 
the risk of a fire significantly. However, additional precautions are 
recommended, like ensuring proper ventilation and avoiding ignition 
sources during servicing.
    Concerning the risks of fire from static electricity, EPA notes 
this concern about the ignition of hydrocarbon refrigerants was 
discussed in the 2011 SNAP rule, in which propane was evaluated for use 
in stand-alone retail food refrigeration equipment and R-441A and 
isobutane were evaluated for use in household refrigerators and 
freezers, and were determined to be acceptable, subject to use 
conditions, under SNAP. In section ``B. Flammability'' of part IV of 
that SNAP rule, titled ``What is the basis for EPA's final action?'' 
the Agency describes the evaluation and conclusion for approving those 
hydrocarbon refrigerant substitutes for the specific end-uses under the 
use conditions. The 2011 SNAP rule explains that, ``when the 
concentration of a flammable refrigerant reaches or exceeds its LFL in 
the presence of an ignition source (e.g., a static electricity spark 
resulting from closing a door, use of a torch during servicing, or a 
short circuit in wiring that controls the motor of a compressor), an 
explosion or fire could occur'' (76 FR at 78837). The 2011 SNAP rule 
continues by stating that, ``To determine whether the three hydrocarbon 
refrigerants would present flammability concerns for service and 
manufacture personnel or for consumers, EPA reviewed the submitters' 
detailed assessments of the probability of events that might create a 
fire, as well as engineering approaches to avoid sparking from the 
refrigeration equipment. EPA also conducted risk screens, available in 
the docket for [that] rulemaking, evaluating reasonable worst-case 
scenarios to model the effects of the sudden release of the 
refrigerants. The worst-case scenario analysis for each of the three 
hydrocarbons revealed that even if the unit's full charge were emitted 
within one minute, the concentration would not reach the LFL for that 
hydrocarbon'' (id. at 78839). EPA's risk screens evaluating the 
environmental, toxicity and flammability risks of the refrigerant 
substitutes and end-uses in this action came to similar conclusions 
that the LFL would not be exceeded. Thus, although end-users should 
take precautions to reduce sparking from static electricity, this 
concern is not sufficient to cause EPA to prohibit use of these 
refrigerant substitutes or to decline to exempt these refrigerant 
substitutes in the specified end-uses when used according to the 
required use conditions.
    Use of a Class B fire extinguisher would not prevent a fire or 
explosive condition from occurring, as the commenter suggested; but if 
there is a fire, it is important to use a Class B extinguisher that is 
intended for use with hydrocarbon fires, rather than a Class A 
extinguisher intended for use with fires from wood, paper, or other 
ordinary combustibles. The statements in the ``further information'' 
column for each listing, including the recommendation for having a 
Class B dry powder type fire extinguisher available, are not intended 
to be a comprehensive set of all precautions needed, but rather basic 
guidelines or areas of consideration that users should consider as they 
develop their own safety programs. The Australian Institute of 
Refrigeration, Air Conditions and Heating (AIRAH) provides useful 
guidance on safety precautions technicians can follow when servicing 
equipment containing flammable refrigerants. This document is included 
in the docket for this rule (AIRAH, 2013).
    Comment: DuPont stated that the presence of lubricants during the 
venting process can potentially increase risk of ignition, and is not 
sure whether EPA fully evaluated these potential risks.
    Response: EPA has evaluated this potential risk and taken it into 
consideration in this action. Most lubricant will remain in the unit, 
along with a small amount of hydrocarbon refrigerant substitutes. 
Typical compressor oils have flashpoints over 130 [deg]C, which is well 
above both ambient temperatures and the flashpoint of the hydrocarbon 
refrigerant substitutes in this rule. Thus, the presence of compressor 
oil should not have a significant effect on the flammability of the 
refrigerant-oil mixture. Our risk screens available in the docket for 
this rulemaking find that even if the full charge is lost in one 
minute, the LFL of the hydrocarbon refrigerant substitute is not 
reached. Having said that, the Agency recommends technicians working 
with hydrocarbon refrigerants follow proper safety precautions, such as 
ensuring their workspace is well-ventilated and removing ignition 
sources.
    Observance of OSHA requirements could further limit concentrations 
and attendant flammability risks associated with those oils. For 
example, OSHA has a PEL for one class of compressor oil, mineral oil 
mist, of 5 mg/m\3\ of air, as well as rules for respiratory protection 
and personal protective equipment that apply. EPA additionally notes 
that the very small amount of dissolved compressor oil expected to be 
used in the small hydrocarbon charge size required by the use 
conditions will significantly mitigate the amount and the impact of any 
release into the environment of lubricants dissolved in the hydrocarbon 
refrigerant substitutes that may result from any venting, release or 
disposal that may occur under this final action. EPA also notes that 
many of the lubricants used with hydrocarbon refrigerants, such as 
alkyl benzene and polyalkylene glycol, are considered environmentally 
acceptable because they biodegrade easily, as noted in EPA's document 
on environmentally acceptable lubricants, available in the docket.
    EPA received a similar comment on the rule exempting isobutane and 
R-441A, as refrigerant substitutes in household refrigerators, 
freezers, and combination refrigerators and freezers, and propane as a 
refrigerant substitute in retail food refrigerators and freezers 
(stand-alone units only) (see 79 FR

[[Page 19485]]

29682). EPA considered such studies and the influence of lubricant on 
the LFLs of the hydrocarbon refrigerants in the specific end-uses in 
that rule when finding them acceptable subject to use conditions under 
the SNAP program (see December 20, 2011; 76 FR 78832, sections ``D. 
Charge Size Limitation (Household Refrigeration)'' and ``E. Charge Size 
Limitation (Retail Food Refrigeration)'' and discussions of Standards 
UL 250 and UL 471 regarding lubricant oil). We believe that same 
analysis and the same results are applicable here.
    Comment: A private citizen states that replacing old refrigerants 
with new ones decreases the risk of toxicity yet increases a risk of 
combustion. This commenter asked who would be responsible for fires due 
to use and disposal of these refrigerants (e.g., junkyard owner, 
appliance owner) and whether EPA and appliance manufacturers are 
responsible for ensuring that the end user is aware of risks from the 
usage and disposal of flammable refrigerants.
    Response: In this rule, EPA is exempting certain hydrocarbon 
refrigerants in specific applications from the venting prohibition, not 
making a determination of fault for individual incidents such as fires, 
which global experience indicates can be prevented with appropriate 
precautions. Thus, the commenter's point about who would be responsible 
for fires is outside the scope of this rulemaking. With respect to the 
commenter's concerns about the end-user's awareness, in the Agency's 
risk screen, we have assessed a worst-case scenario for consumer 
exposure (available in the docket for this rulemaking). Even in that 
worst-case scenario, the charge size for these approved applications is 
small enough that if the complete charge is lost within one minute in a 
confined space, the amount released does not reach the LFL, and 
therefore, a fire would not occur. Further, charges in the analyzed 
scenarios do not exceed the relevant exposure limits, and therefore, 
there should not be a significant toxicity risk. Since junkyards, scrap 
yards, and other facilities disposing of or recycling small appliances 
are already bound by the venting prohibition, they should already have 
a system in place to determine whether an appliance contains an ODS or 
substitute refrigerant. EPA believes that the required labeling of the 
product and prominent red marking on the refrigeration circuit will 
help these facilities to identify that the appliance contains a 
flammable refrigerant. Thus, these facilities likely have procedures in 
place to identify and appropriately handle flammable refrigerant 
substitutes, whether or not they are subject to an exemption from the 
venting prohibition. See also EPA's guidance in the further information 
column in 40 CFR part 82, subpart G, Appendix R, concerning appropriate 
personal protective equipment (PPE), type of fire extinguisher to use, 
use of spark-proof tools, use of recovery equipment designed for 
flammable refrigerants, and releasing refrigerant to well-ventilated 
areas.
    Comment: Traulsen and NAFEM stated that EPA should reevaluate the 
suggestion that venting should be conducted outside of a building 
because of local codes, lease terms, or logistical concerns that may 
make outdoor venting disruptive or even impossible. One of these 
commenters, Traulsen, also is concerned that EPA has not yet outlined 
what a network of properly trained service professionals to handle 
venting practices safely would consist of, yet assumes that one will 
exist.
    Response: EPA is not requiring that flammable refrigerant 
substitutes from appliances be vented, nor that they be vented outside. 
We recognize that outdoor venting may not always be feasible and that 
such activity may be restricted by fire codes. Venting outdoors is 
likely to allow sufficient ventilation to reduce concentrations and 
mitigate flammability risks, but sufficient ventilation could also be 
provided by engineered ventilation systems. Some manufacturers and end-
users may instead choose to recover flammable refrigerants rather than 
venting. While the use conditions under SNAP finalized by this action, 
in particular charge size, will minimize safety risk, other precautions 
are recommended, like ensuring proper ventilation and avoiding ignition 
sources during servicing. These would also be appropriate guidelines, 
whether venting or recovering the refrigerant. AIRAH provides useful 
guidance on safety precautions technicians can follow when servicing 
equipment with flammable refrigerants. One of those practices is to 
connect a hose to the appliance to allow for venting the refrigerant 
outside. This document is included in the docket for this rule. We note 
that at least two organizations, RSES and the ESCO Institute, already 
offer training for handling of flammable refrigerants, which is the 
first step to building a network of properly trained technicians. 
Similarly, equipment manufacturers and end-users that have sent EPA 
SNAP submissions for flammable refrigerants have indicated that there 
is technician training for their own staff and for contractors 
responsible for servicing appliances. Also, the Agency intends to 
update the test bank for technician certification under Section 608 of 
the CAA as we have done previously, and will consider including 
additional questions on flammable refrigerants. By adding such 
questions to the test bank, EPA would supplement but would not replace 
technician training programs currently provided by non-government 
entities. We will seek additional information and guidance on how best 
to incorporate this content through a separate process outside of this 
final rule.
    Comment: Traulsen has not found a solution regarding EPA's question 
about an industry standard for hydrocarbon recovery units and their 
availability in the U.S. market. No other commenters provided 
information on such an industry standard.
    Response: EPA is not aware of an industry standard for hydrocarbon 
recovery equipment, but encourages industry to develop one. However, 
the agency is aware of the existence of some hydrocarbon recovery 
devices. One of those recovery devices uses activated carbon to assist 
in the safe removal of hydrocarbons from appliances. A canister 
containing activated carbon is pulled to a 25 in.Hg vacuum. The 
canister is then filled with nitrogen up to 10 psi and pulled to a 
vacuum again to bring oxygen levels below 0.1% in the cylinder, thereby 
preventing conditions that might allow ignition. The canister is then 
attached to the appliance containing a hydrocarbon refrigerant. The 
hydrocarbon refrigerant is pulled from the appliance into the canister 
and the canister is then sealed off. This can be done with no pump or 
other electrical equipment near the equipment containing the flammable 
refrigerant. The carbon within the canister bonds with the hydrocarbon, 
eliminating its ability to oxidize or burn. Once the process is 
complete, the hydrocarbon can be recovered from the canister and 
appropriately managed for reuse or disposal. Given the lack of 
additional information on standards for recovery equipment for 
hydrocarbon refrigerant substitutes, and our finding that release of 
the specific refrigerants in the specific end-uses identified in this 
rule do not pose a threat to the environment, we continue to believe 
there is reason for allowing venting of the hydrocarbon refrigerant 
substitutes in the specified end-uses as an alternative to recovery.
    Comment: ISRI seeks clarification on how 40 CFR 82.156(f) applies 
to the recycling of appliances with exempt substitutes that may be 
vented pursuant to 40 CFR 82.154(a)(1).

[[Page 19486]]

    Response: Under 40 CFR 82.156(f), the person who takes the final 
step in the disposal process (including but not limited to scrap 
recyclers and landfill operators) of a small appliance, room AC, MVACs, 
or MVAC-like appliances must either recover any remaining refrigerant 
in accordance with the regulations or verify that refrigerant has been 
evacuated previously. Since the current definition of refrigerant 
excludes non-ozone-depleting refrigerant substitutes, these 
recordkeeping requirements do not presently apply to the hydrocarbon 
refrigerant substitutes in the specified end-uses that are the subject 
of this action. The only requirement under 40 CFR part 82 Subpart F 
that would have applied is the venting prohibition. However, since EPA 
is exempting those hydrocarbons for the specific uses from the venting 
prohibition in this final rule, that prohibition would no longer apply. 
Moreover, as this action does not change the applicability of other 
environmental regulations, other applicable environmental regulations 
would continue to apply (e.g., under RCRA).
    Comment: ISRI notes that in the last rule exempting isobutane and 
R-441A as refrigerant substitutes in household refrigerators, freezers, 
and combination refrigerators and freezers, and propane as a 
refrigerant substitute in retail food refrigerators and freezers 
(stand-alone units only) (see 79 FR 29682), EPA stated that certain 
hydrocarbons could be characterized as hazardous waste due to their 
flammability (as defined under the RCRA regulations; see 40 CFR 
261.21). The commenter notes that the agency also stated that 
incidental releases of these hydrocarbons ``would not be subject to 
RCRA requirements for the disposal of hazardous waste as the release 
would occur incidentally during the maintenance, service and repair of 
the equipment, and would not constitute disposal of the refrigerant 
charge as solid waste, per se,'' (79 FR 29687). ISRI seeks clarity on 
whether full venting is allowed if flammable refrigerants have been 
exempted from the venting prohibition at 40 CFR 82.154(a). The 
commenter also seeks clarity on whether hydrocarbons would be 
considered hazardous waste under RCRA. The commenter suggests that EPA 
could create a new exclusion from hazardous waste at 40 CFR 261.4(b) 
for an acceptable ignitable refrigerant substitute, or determine that 
an acceptable ignitable refrigerant is equivalent to household waste 
under 40 CFR 261.4(b)(1).
    Response: In this rule, EPA is exempting from the venting 
prohibition under CAA Section 608(c) certain hydrocarbons in certain 
end-uses listed as acceptable subject to use conditions under SNAP. 
Specifically, EPA is exempting from the venting prohibition the 
following refrigerant substitutes in the following uses: (1) Isobutane 
and R-441A in retail food refrigerators and freezers (stand-alone units 
only); (2) propane in household refrigerators, freezers, and 
combination refrigerators and freezers; (3) ethane in very low 
temperature refrigeration equipment and equipment for non-mechanical 
heat transfer; (4) R-441A, propane, and isobutane in vending machines; 
and (5) propane and R-441A in self-contained room air conditioners for 
residential and light commercial air conditioning and heat pumps.
    The commenter's request to modify the hazardous waste regulations 
is beyond the scope of this rulemaking, since it focuses on Sections 
608 and 612 of the CAA. However, as discussed in the final rule 
exempting from the venting prohibition isobutane and R-441A, as 
refrigerant substitutes in household refrigerators, freezers, and 
combination refrigerators and freezers; and propane, as a refrigerant 
substitute in retail food refrigerators and freezers (stand-alone units 
only); incidental releases that occur during the maintenance, service, 
and repair of appliances would not be subject to RCRA requirements for 
the disposal of hazardous waste because this would not constitute 
disposal of the refrigerant charge as a solid waste, per se (see 79 FR 
29687).
    The commenter raises questions about how the hazardous waste 
requirements under RCRA apply at disposal (or in the case of scrap 
metal recycling, disassembly) of an appliance. Under the RCRA 
requirements at 40 CFR part 261, it does appear that certain 
refrigerants, like hydrocarbons, could potentially be subject to 
regulation as hazardous wastes if they exhibit the ignitability 
characteristic.
    In the case of household appliances, repair and disposal of 
hydrocarbons would not be considered hazardous waste management because 
the appliance is exempt from the hazardous waste regulations under the 
household hazardous waste exemption at 40 CFR 261.4(b)(1) (although 
States may have more stringent regulations). The refrigerant could 
therefore generally be vented without triggering RCRA hazardous waste 
requirements.
    On the other hand, for commercial and industrial appliances that 
are not generated by households as defined in 40 CFR 261.4(b)(1), 
ignitable refrigerants would be subject to regulation as hazardous 
waste (see 40 CFR 261.21) subject to a limited exception if the 
ignitable refrigerant is to be recycled. Ignitable refrigerant that has 
been used and has become contaminated through use would fit the 
definition of a spent material under RCRA (40 CFR 261.1(c)(1)) if it 
must be reclaimed prior to its reuse. Spent materials that are 
reclaimed are solid wastes per Section 261.2(c). However, if the 
hydrocarbon refrigerant is recovered for direct reuse (i.e., no 
reclamation), it would not be classified as a solid or a hazardous 
waste (40 CFR 261.2(e)). EPA believes that recycling of these materials 
would require cleaning before they are reused.

H. Cost and Economic Impacts

1. Equipment Redesign
    Comment: NAFEM and Hoshizaki America stated that refrigeration 
equipment manufacturers would incur capital costs in switching to 
flammable refrigerants because they would need to redesign equipment 
and facilities to eliminate ignition sources to reduce the risk of 
fire. Hoshizaki America stated that manufacturers would have to go 
through considerable and costly staff training to understand the risks 
of explosion for the proposed list of substitutes. Master-Bilt Products 
stated that the large expenses for upgrading factories and additional 
testing to meet different standards will slow innovation for their 
business as well as other small businesses.
    Response: EPA agrees that manufacturers choosing to use one of the 
refrigerants listed in this rule may need to make capital investments 
in their facilities, including the redesign of equipment to handle 
flammable refrigerants, and may need to invest in training their staff 
to handle flammable refrigerants safely. These investments would be 
needed for safe use of these refrigerants and would be needed 
irrespective of use conditions established by EPA in listing these 
refrigerants as acceptable subject to use conditions. Therefore 
manufacturers may decide, based on their own business considerations, 
whether to pursue hydrocarbon refrigerants. This rule does not restrict 
nonflammable substitutes currently in use nor does it require 
manufacturers to use any of the flammable substitute refrigerants 
listed through this action.
    Comment: Master-Bilt commented that if multiple systems using the 
150 g charge can be used in larger models, propane could potentially be 
used in some larger equipment, but the cost would go up approximately 
25-50% and the systems would be more complex.

[[Page 19487]]

    Response: The 150 g limit applies to each refrigerant circuit and 
multiple circuits could be used in the same piece of equipment, as 
discussed above under section VI.E.3. We agree with the commenter that 
the cost for models that have multiple circuits could be higher and 
that the systems would be more complex. We are not requiring 
manufacturers to use propane or any of the substitute refrigerants 
listed in this action.
2. Market Options
    Comment: Traulsen believes this rule will give the industry more 
flexibility to explore market options. EIA believes the rule will allow 
U.S. businesses to sell international products domestically and 
encourage foreign businesses to expand their manufacturing operations 
and distribution in the United States.
    Response: EPA agrees with the commenters. Whenever the Agency 
expands the list of acceptable substitutes it provides industry, 
including manufacturers, with more flexibility and options.
3. Recycling
    Comment: ISRI is concerned that EPA may not have adequately 
considered the impacts of the proposed rule on the recycling industry. 
The commenter stated that, for example, the recycling industry (NAICS 
423930) was not even identified as potentially affected in Table 1 of 
the proposed rule.
    Response: EPA has added the recycling industry in Table 1 in this 
final rule. Further, EPA has performed research to consider impacts of 
the rule on the recycling industry more fully (ICF, 2015b). We 
investigated the impacts of use of flammable refrigerants in waste 
streams of other countries using these refrigerants. This analysis 
found that it is not anticipated that the recycling industry will 
experience additional risk if appliances containing hydrocarbon 
refrigerants are sent to recycling facilities prior to the refrigerant 
being properly vented or evacuated. This analysis suggested that 
recycling facilities should vent or otherwise remove the refrigerant 
(consistent with other requirements like RCRA) before any mechanical 
processing of the appliance (e.g., shredders, choppers, magnets), due 
to the potential presence of ignition sources. Further, based upon 
experience with flammable refrigerants in Europe, Australia, and Japan, 
there are best practices for handling flammable refrigerants at 
disposal, such as those provided by AIRAH (2013).

I. Statutory and Executive Order Reviews

    Comment: Traulsen stated that EPA's rule adding to the list of 
acceptable SNAP substitutes may not be affected by the Regulatory 
Flexibility Act (RFA), but any requirement related to the removal of a 
previously approved substance would violate the RFA. Traulsen expressed 
concern about the potential future impacts on small businesses if 
flammable refrigerants, including the proposed refrigerants, become the 
only refrigerant options available, combined with uncertainties such as 
building disparities and placement and installation of equipment.
    Response: EPA agrees with the commenter that this final rule, which 
adds to the list of acceptable substitutes, is consistent with 
requirements of the RFA. The commenter raises a concern that actions 
that remove substitutes from the list of acceptable substitutes could 
have implications for the RFA. EPA will address the RFA in any action 
proposing and finalizing a decision to remove one or more substitutes 
from the lists of acceptable substitutes.
    Comment: Traulsen commented that although this rule adding these 
substitutes may not be affected by the Unfunded Mandates Reform Act 
(UMRA) or Paperwork Reduction Act (PRA), subsequent SNAP rules may.
    Response: EPA will address how these Acts apply to any subsequent 
action in that separate action.
    Comment: Traulsen stated that it supports the Agency's adoption of 
well-known and developed safety standards like those issued by UL and 
other organizations under the application of the National Technology 
Transfer and Advancement Act (NTTAA).
    Response: EPA appreciates the support for this aspect of the rule.
    Comment: Traulsen expressed interest in EPA's statement regarding 
the position of deferring to agencies with jurisdiction in other areas, 
with regards to Executive Order (EO) 13132: Federalism and 13175: 
Tribal Governments. Specifically, the commenter is interested in how 
those orders apply to the installation of equipment in localities where 
the substitutes are regulated under different authorities, including 
VOC and building occupancy codes.
    Response: This regulation does not impose direct requirements on 
state, local, or tribal governments, nor does it preempt state, local, 
or tribal law, the major concerns of EO 13132 and 13175. When using the 
refrigerants in this final rule, technicians, end users, and 
manufacturers would need to comply with the requirements in this final 
rule and must also comply with state, local, or tribal laws. For 
example, if local occupancy codes do not allow intentional release of 
hydrocarbons on the premises, or if a state regulation limits VOC 
releases, a technician may not be able to release hydrocarbon 
refrigerants to the atmosphere, even if they would be permitted to do 
so by this rule.

J. Relationship With Other Rules

    Comment: NAFEM, Master-Bilt Products, and private citizens raised 
concerns about the relationship between this rule and the proposed 
rule, Protection of Stratospheric Ozone: Change of Listing Status for 
Certain Substitutes under the Significant New Alternatives Policy 
Program (August 6, 2014, 79 FR 46126). Among the concerns expressed are 
that available alternatives to comply with the other proposed rule are 
not commercially available drop-in replacements, thus requiring 
redesign of equipment, additional testing, training, and cost; the 
compliance date proposed in the other rule is too short; the potential 
for detrimental effects of alternative refrigerants on energy 
efficiency demanded by Department of Energy (DOE) standards; and the 
charge size restrictions in this rule will mean many types of equipment 
will not be able to use the refrigerants listed in this rule to comply 
with the Change of Listing Status proposed rule.
    Response: The concerns raised by these commenters concern the basis 
for certain decisions in the Change of Listing Status proposed rule, 
including whether alternatives other than those we propose to list as 
unacceptable are available and what is the appropriate date on which a 
substitute is no longer acceptable for use. EPA will address these 
issues concerning the Change of Listing Status proposed rule when we 
take final action on that proposal. As discussed above in section 
VI.B.2, ``Energy efficiency and indirect climate impacts,'' available 
information supports reduced energy use with the refrigerants being 
listed in this final rule. We note that we are continually reviewing 
and listing additional alternatives for the various end-uses at issue.
    Comment: NAFEM stated that their industry has been inundated with 
various DOE energy standards rulemakings, as well as this rule and the 
proposed rule concerning changing the listing status of some 
alternatives. The commenter mentioned the timing and cumulative impacts 
of other government actions and requested a 60-day

[[Page 19488]]

extension to the comment period for EPA's proposal to change the 
listing status of certain alternatives.
    Response: This comment concerns the comment period on a separate 
rule. EPA responded to this request to extend the public comment period 
on the proposal to change the listing status of certain alternatives by 
granting a 14-day extension. For further information, please see EPA 
Docket # EPA-HQ-OAR-2014-0198, ``Protection of Stratospheric Ozone: 
Change of Listing Status for Certain Substitutes under the Significant 
New Alternatives Policy Program.''

K. Timing of Final Rule

    Comment: Daikin, EIA, and some private citizens requested EPA to 
move forward with the final rule as quickly as possible, while NAFEM 
requested that EPA delay both this final rule and the final rule to 
change the listing status of certain alternatives. Commenters in favor 
of finalizing the rule as quickly as possible cite environmental 
reasons and point out that hydrocarbons are already widely in use 
around the world. Commenters in favor of delay note the separate 
proposal concerning the change of status of certain substitutes and 
requested that EPA extend the compliance deadline to ensure adequate 
training.
    Response: EPA appreciates the support from those commenters 
requesting rapid promulgation of this rule. We agree that finalizing 
this rule promptly allows for earlier use of the lower GWP refrigerants 
in this rule and allows earlier and greater climate benefits than 
delaying issuance of the rule. Training would be more useful for 
technicians and manufacturer personnel if it addresses the requirements 
of this final rule as set forth in the use conditions. We disagree with 
the commenter who suggests that this rule should not be finalized, and 
thus the substitutes should not be acceptable for use, until there is 
``adequate training.'' Some companies have already begun training and 
are prepared to use these refrigerants now. As we discussed in section 
VI.F, ``Technician training'' above, we are not including a requirement 
for technician training as a use condition. Further, we believe that 
issuing this final rule with a delayed date of compliance would 
increase risk to manufacturers and the public. A number of submitters 
have provided EPA with the required 90-day notice prior to introducing 
these substitutes into interstate commerce; therefore, delaying the 
compliance date would not delay introduction of these substitutes, but 
it would allow some equipment to be manufactured without meeting the 
use conditions of this rule, which we believe are necessary to mitigate 
risk sufficiently for these substitutes to be acceptable. If the 
commenter is instead referring to delaying the date of compliance of 
the Change of Listing Status Rule, we will address that compliance date 
when we take final action on that rule.

L. Other Comments

1. Propylene
    Comment: A.S Trust & Holdings commented that propylene, a component 
of the refrigerant R-443A, is not toxic and included an industry 
standard reference to prove this. This commenter also stated that they 
thought EPA was confusing propylene with propylene glycol.
    Response: EPA has not proposed action on propylene or on R-443A in 
this rule and is not taking action on propylene or R-443A at this time. 
We included propylene in our analysis of air quality effects because 
EPA has received a submission for R-443A, a blend containing propylene, 
for use in residential air conditioners, including portable AC units. 
In order to consider the potential ground-level ozone impacts of all 
refrigerants under review for the end-uses in this rule, we analyzed 
the potential impacts of propylene along with other hydrocarbon 
refrigerants. However, our review has not progressed to include review 
of R-443A's toxicity.
    We note that in our reviews of toxicity, we do not characterize 
substances as ``toxic'' or ``non-toxic.'' Rather, EPA considers 
exposure limits and potential exposure concentrations when assessing 
the toxicity and determining whether a substitute should be listed as 
acceptable and, if so, whether a use condition is necessary. For 
example, for propane, EPA evaluated whether long-term exposure would 
exceed a TLV of 1,000 ppm and whether short-term exposure would exceed 
an AEGL of 6,900 ppm. If EPA uses the same approach for other 
refrigerants mentioned by the commenter, we might use industry exposure 
limits that are more difficult to achieve (e.g., TLV of 500 ppm for 
propylene).
2. R-443A
    Comment: A.S Trust & Holdings commented on certain assumptions that 
EPA mentioned as its likely approach to assessing R-443A, including 
worst-case assumptions. This commenter referred EPA to his own risk 
assessment provided to the Agency, as well as a sizing guide.
    Response: EPA has consistently evaluated alternatives through a 
risk screen process that begins with a highly conservative worst-case 
scenario, such as where the entire refrigerant charge of a window AC 
unit leaks out rapidly in a specific room size. If a substitute's 
concentrations remain below the LFL and relevant toxicity limits in the 
worst-case scenario with highly conservative assumptions, we do no 
further assessment. If the substitute's concentrations exceed the LFL 
or a relevant toxicity limit in the worst-case scenario, then we 
consider more typical scenarios based on less conservative assumptions. 
EPA will consider the submitter's risk assessment and recommended 
charge sizes as part of our ongoing review of R-443A. EPA has not 
proposed action on R-443A in this rule and is not taking action on R-
443A at this time.
3. Reductions of HFC Emissions Under Other Sections of CAA Title VI
    Comment: CARB urges EPA to continue to use its existing authority 
under the CAA Sections 608 and 609 to reduce HFC emissions from all 
sources, including stationary refrigeration and AC, insulating foam, 
consumer product aerosol propellants, and MVAC.
    Response: The comment's suggestions go beyond the scope of this 
rule. Separate from this rulemaking action, EPA is considering input 
from various stakeholders about possible actions under Section 608 and 
other parts of the Act to address impacts of HFCs and would welcome any 
comments the commenter would care to provide on this subject.
4. Refrigerants for Retrofit
    Comment: Hudson Technologies suggested that the determination that 
a substitute is acceptable for use as a retrofit refrigerant for 
existing equipment should be more highly scrutinized by EPA, even when 
dealing with non-flammable substitutes. This commenter recommends that 
EPA limit listings for acceptable refrigerants to use in new equipment 
unless the substitute has a lower GWP and the use of the substitute in 
existing equipment will not result in loss of efficiency.
    Response: This comment goes beyond the scope of this rulemaking. 
This final rule establishes use conditions limiting the five 
refrigerants listed to use in new equipment designed for that 
refrigerant. EPA evaluates each submission on its merits and where a 
submitter requests that a substitute be listed as acceptable for use in 
retrofit equipment, we

[[Page 19489]]

consider such requests based on the same criteria that we consider in 
reviewing all SNAP submissions.

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0226. This final rule contains no new requirements 
for reporting or recordkeeping.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule.
    Today's action allows equipment manufacturers the additional 
options of using ethane, HFC-32, isobutane, propane, and R-441A in the 
specified end-uses but does not mandate such use. Because refrigeration 
and AC equipment for these refrigerants are not manufactured yet in the 
U.S. for the end-uses (with the exception of limited test-marketing), 
no change in business practice is required to meet the use conditions, 
resulting in no adverse impact compared to the absence of this rule. 
Provisions that allow venting of hydrocarbon refrigerants in the uses 
addressed by this rule reduce regulatory burden. We have therefore 
concluded that this action will relieve regulatory burden for all small 
entities that choose to use one of the newly listed hydrocarbon 
refrigerants.
    The use conditions of this rule apply to manufacturers of household 
and commercial refrigerators and freezers, vending machines, non-
mechanical heat transfer equipment, very low temperature refrigeration 
equipment for laboratories and room air conditioners that choose to use 
these refrigerants.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 United States Code (U.S.C.) 1531-1538, and does not 
significantly or uniquely affect small governments. This action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in E.O. 
13175. It will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to E.O. 13045 because it is not 
economically significant as defined in E.O. 12866, and because the 
environmental health or safety risks addressed by this action do not 
present a disproportionate risk to children. This action's health and 
risk assessments are contained in Section IV.C of the preamble and in 
the risk screens in the docket for this rulemaking.

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

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Available information indicates that 
these new systems may be more energy efficient than currently available 
systems in some climates.

I. National Technology Transfer and Advancement Act

    This action includes technical standards. EPA has decided to use 
standards from UL in the use conditions for the five listed 
substitutes. EPA is incorporating by reference portions of current 
editions of the UL Standards 250, ``Household Refrigerators and 
Freezers'' (10th Edition, August 25, 2000), 471, ``Commercial 
Refrigerators and Freezers'' (10th Edition, November 24, 2010), 541 
``Refrigerated Vending Machines'' (7th Edition, December 30, 2011), and 
484 ``Room Air Conditioners'' (8th Edition, August 3, 2012), which 
include requirements for safe use of flammable refrigerants. This final 
rule ensures that these new substitutes for household and commercial 
refrigerators and freezers, vending machines, non-mechanical heat 
transfer equipment, very low temperature refrigeration equipment, and 
room air conditioners do not present significantly greater risk to 
human health or the environment than other available substitutes. These 
standards may be purchased by mail at: COMM 2000; 151 Eastern Avenue; 
Bensenville, IL 60106; Email: 2000.com">orders@comm-2000.com; Telephone: 1-888-
853-3503 in the U.S. or Canada (other countries dial +1-415-352-2168); 
Internet address: http://ulstandardsinfonet.ul.com/ or www.comm-
2000.com.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because this action provides human health and 
environmental protection for all affected populations without having 
any disproportionately high and adverse human health or environmental 
effects on any population, including any minority or low-income 
population. This final rule provides refrigerant substitutes that have 
no ODP and lower GWP than other substitutes currently listed as 
acceptable. The reduction in ODS and GHG emissions assists in restoring 
the stratospheric ozone layer and provides climate benefits. The 
results of this evaluation are contained in sections III. and IV. of 
the preamble.

[[Page 19490]]

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

VIII. References

    This preamble references the following documents, which are also in 
the Air Docket at the address listed in Section I.B.1. Unless specified 
otherwise, all documents are available electronically through the 
Federal Docket Management System, Docket # EPA-HQ-OAR-2013-0748.

    AHRI, 2012. AHRI Guideline N-2012: Assignment of Refrigerant 
Container Colors. 2012.
    AIRAH, 2013. Flammable Refrigerants--Safety Guide. Australian 
Institute of Refrigeration, Air Conditioning and Heating. 2013.
    ASHRAE, 2010. American National Standards Institute (ANSI)/
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (ASHRAE). Standard 34-2010 (supersedes ANSI/ASHRAE 
Standard 34-2007): Designation and Safety Classification of 
Refrigerants. 2010.
    A.S. Trust & Holdings, 2012. Significant New Alternatives Policy 
Program Submission to the United States Environmental Protection 
Agency for R-441A in retail food refrigeration.
    A/S Vestfrost, 2012. Significant New Alternatives Policy Program 
Submission to the United States Environmental Protection Agency for 
isobutane in retail food refrigeration.
    Climate Action Plan, 2013. The President's Climate Action Plan. 
Executive Office of the President. June, 2013. Available online at 
www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf.
    Chinese Household Electrical Appliance Association (CHEAA), 
2013. Significant New Alternatives Policy Program Submission to the 
United States Environmental Protection Agency for Propane (R-290) in 
residential and light commercial air conditioning and dehumidifiers.
    Daikin, 2011. Significant New Alternatives Policy Program 
Submission to the United States Environmental Protection Agency for 
HFC-32 in residential and light commercial air conditioning.
    EPA, 2007. Guidance on the Use of Models and Other Analyses for 
Demonstrating Attainment of Air Quality Goals for Ozone, 
PM2.5, and Regional Haze. U.S. Environmental Protection 
Agency Office of Air Quality Planning and Standards. April 2007.
    EPA, 2015. Derivation of Charge Limits for Room Air 
Conditioners. Staff memo to Air Docket. 2015.
    ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon 
Refrigerants on Ground-Level Ozone Concentrations.
    ICF, 2014b. Risk Screen on Substitutes for CFC-12, HCFC-22 and 
R-502 in Retail Food Refrigeration; Substitute: Isobutane (R-600a)
    ICF, 2014c. Risk Screen on Substitutes for CFC-12, HCFC-22 and 
R-502 in Retail Food Refrigeration; Substitute: R-441A
    ICF, 2014d. Risk Screen on Substitute for CFC-12, CFC-13, R-
13B1, and R-503 in Very Low Temperature Refrigeration and Non-
Mechanical Heat Transfer; Substitute: Ethane (R-170)
    ICF, 2014e. Risk Screen on Substitutes for CFC-12 and R-502 in 
Vending Machines; Substitute: R-441A
    ICF, 2014f. Risk Screen on Substitutes for CFC-12 and R-502 in 
Vending Machines; Substitute: Isobutane (R-600a)
    ICF, 2014g. Risk Screen on Substitutes for CFC-12 and R-502 in 
Vending Machines; Substitute: Propane (R-290)
    ICF, 2014h. Risk Screen on Substitutes for CFC-12 and HCFC-22 in 
Household Refrigerators and Household Freezers.; Substitute: Propane 
(R-290).
    ICF, 2014i. Risk Screen on Substitutes for HCFC-22 in 
Residential and Light Commercial Air Conditioning and Heat Pumps; 
Substitute: Propane (R-290)
    ICF, 2014j. Risk Screen on Substitutes for HCFC-22 in 
Residential and Light Commercial Air Conditioning and Heat Pumps; 
Substitute: HFC-32 (Difluoromethane)
    ICF, 2014k. Risk Screen on Substitutes for HCFC-22 in 
Residential and Light Commercial Air Conditioning and Heat Pumps; 
Substitute: R-441A
    ICF, 2015a. Potential impacts of trifluoroacetic acid (TFA) 
generated from HFC-32 in room air conditioners. January, 2015.
    ICF, 2015b. Potential Impacts of Hydrocarbon Refrigerants during 
Recycling and Disposal of Appliances. January, 2015.
    IEC 60225-2-40. Safety of Household and Similar Electrical 
Appliances, Part 2-40: Particular Requirements for Electrical Heat 
Pumps, Air-Conditioners and Dehumidifiers. 5th Edition. December, 
2013.
    Intergovernmental Panel on Climate Change (IPCC), 2007. Climate 
Change 2007: The Physical Science Basis. Contribution of Working 
Group I to the Fourth Assessment Report of the Intergovernmental 
Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, 
M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge 
University Press, Cambridge, United Kingdom and New York, NY, USA. 
This document is accessible at www.ipcc.ch/publications_and_data/
ar4/wg1/en/contents.html
    Montzka, S.A., 2012. HFCs in the Atmosphere: Concentrations, 
Emissions and Impacts, ASHRAE/NIST Conference 2012.
    National Oceanic and Atmospheric Administration (NOAA), 2013. 
NOAA emissions data on HFCs. Available online at ftp://ftp.cmdl.noaa.gov/hats/hfcs/.
    Oak Ridge National Lab (ORNL), 1997. J. Sand, S. Fischer, and V. 
Baxter, ``Energy and Global Warming Impacts of HFC Refrigerants and 
Emerging Technologies,'' 1997, Oak Ridge National Lab.
    Ravishankara et al., 1994. Ravishankara, A.R., A.A. Turnipseed, 
N.R. Jensen, S. Barone, M. Mills, C. J. Howard, and S. Solomon. Do 
hydrofluorocarbons destroy stratospheric ozone? Science 263: 71-75. 
1994.
    Sheldon, 1989. Sheldon, L.S., et al. 1989. ``An Investigation of 
Infiltration and Indoor Air Quality.'' New York State Energy 
Research & Development Authority, Report 90-11. As cited in ICF, 
2014h, Risk screen for propane in household refrigerators and 
freezers.
    UL 250. Household Refrigerators and Freezers. 10th edition. 
Supplement SA: Requirements for Refrigerators and Freezers Employing 
a Flammable Refrigerant in the Refrigerating System. August 2000.
    UL 471. Commercial Refrigerators and Freezers. 10th edition. 
Supplement SB: Requirements for Refrigerators and Freezers Employing 
a Flammable Refrigerant in the Refrigerating System. November 2010.
    UL 484. Room Air Conditioners. 8th edition. Supplement SA: 
Requirements for Refrigerated Venders Employing a Flammable 
Refrigerant in the Refrigerating System. August 2012.
    UL 541. Refrigerated Vending Machines. 7th edition. Supplement 
SA: Requirements for Room Air Conditioners Employing a Flammable 
Refrigerant in the Refrigerating System. December 2011.
    UL 60335-2-40. Safety of Household and Similar Electrical 
Appliances, Part 2-40: Particular Requirements for Electrical Heat 
Pumps, Air-Conditioners and Dehumidifiers. First Edition. November, 
2012.
    World Meteorological Organization (WMO), 2010. Scientific 
Assessment of Ozone Depletion: 2010, Global Ozone Research and 
Monitoring Project--Report No. 52, 516 pp., Geneva, Switzerland, 
2011. This document is accessible at www.wmo.int/pages/prog/arep/gaw/ozone_2010/ozone_asst_report.html.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Recycling, Reporting 
and recordkeeping requirements, Stratospheric ozone layer.

    Dated: February 27, 2015.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, 40 CFR part 82 is amended 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

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

Subpart F--Recycling and Emissions Reduction

0
2. Amend Sec.  82.154 by adding paragraph (a)(1)(iii) to read as 
follows:


Sec.  82.154  Prohibitions.

    (a)(1) * * *
    (iii) Effective June 9, 2015:

[[Page 19491]]

    (A) Isobutane (R-600a) and R-441A in retail food refrigerators and 
freezers (stand-alone units only);
    (B) Propane (R-290) in household refrigerators, freezers, and 
combination refrigerators and freezers;
    (C) Ethane (R-170) in very low temperature refrigeration equipment 
and equipment for non-mechanical heat transfer;
    (D) R-441A, propane, and isobutane in vending machines; and
    (E) Propane and R-441A in self-contained room air conditioners for 
residential and light commercial air conditioning and heat pumps.
* * * * *

Subpart G--Significant New Alternatives Policy Program

0
3. Appendix R to Subpart G is revised to read as follows:

Appendix R to Subpart G of Part 82--Substitutes Subject to Use 
Restrictions Listed in the December 20, 2011, final rule, Effective 
February 21, 2012, and in the April 10, 2015 Final Rule, Effective May 
11, 2015

                            Substitutes That Are Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Further
             End-use                  Substitute           Decision         Use conditions        information
----------------------------------------------------------------------------------------------------------------
Household refrigerators,          Isobutane (R-600a)  Acceptable subject  These refrigerants  Applicable OSHA
 freezers, and combination        Propane (R-290)...   to use conditions.  may be used only    requirements at
 refrigerators and freezers.      R-441A............                       in new equipment    29 CFR part 1910
(New equipment only)............                                           designed            must be followed,
                                                                           specifically and    including those
                                                                           clearly             at 29 CFR
                                                                           identified for      1910.106
                                                                           the refrigerant     (flammable and
                                                                           (i.e., none of      combustible
                                                                           these substitutes   liquids),
                                                                           may be used as a    1910.110 (storage
                                                                           conversion or       and handling of
                                                                           ``retrofit''        liquefied
                                                                           refrigerant for     petroleum gases),
                                                                           existing            1910.157
                                                                           equipment           (portable fire
                                                                           designed for a      extinguishers),
                                                                           different           and 1910.1000
                                                                           refrigerant).       (toxic and
                                                                          These refrigerants   hazardous
                                                                           may be used only    substances).
                                                                           in a refrigerator  Proper ventilation
                                                                           or freezer, or      should be
                                                                           combination         maintained at all
                                                                           refrigerator and    times during the
                                                                           freezer, that       manufacture and
                                                                           meets all           storage of
                                                                           requirements        equipment
                                                                           listed in           containing
                                                                           Supplement SA to    hydrocarbon
                                                                           the 10th edition    refrigerants
                                                                           of the              through adherence
                                                                           Underwriters        to good
                                                                           Laboratories (UL)   manufacturing
                                                                           Standard for        practices as per
                                                                           Household           29 CFR 1910.106.
                                                                           Refrigerators and   If refrigerant
                                                                           Freezers, UL 250,   levels in the air
                                                                           dated August 25,    surrounding the
                                                                           2000. In cases      equipment rise
                                                                           where the final     above one-fourth
                                                                           rule includes       of the lower
                                                                           requirements more   flammability
                                                                           stringent than      limit, the space
                                                                           those of the 10th   should be
                                                                           edition of UL       evacuated and re-
                                                                           250, the            entry should
                                                                           appliance must      occur only after
                                                                           meet the            the space has
                                                                           requirements of     been properly
                                                                           the final rule in   ventilated.
                                                                           place of the       Technicians and
                                                                           requirements in     equipment
                                                                           the UL Standard.    manufacturers
                                                                          The charge size      should wear
                                                                           must not exceed     appropriate
                                                                           57 g (2.01 oz) in   personal
                                                                           any refrigerator,   protective
                                                                           freezer, or         equipment,
                                                                           combination         including
                                                                           refrigerator and    chemical goggles
                                                                           freezer in each     and protective
                                                                           circuit.            gloves, when
                                                                                               handling these
                                                                                               refrigerants.
                                                                                               Special care
                                                                                               should be taken
                                                                                               to avoid contact
                                                                                               with the skin
                                                                                               since these
                                                                                               refrigerants,
                                                                                               like many
                                                                                               refrigerants, can
                                                                                               cause freeze
                                                                                               burns on the
                                                                                               skin.
                                                                                              A Class B dry
                                                                                               powder type fire
                                                                                               extinguisher
                                                                                               should be kept
                                                                                               nearby.
                                                                                              Technicians should
                                                                                               only use spark-
                                                                                               proof tools when
                                                                                               working on
                                                                                               refrigerators and
                                                                                               freezers with
                                                                                               these
                                                                                               refrigerants.
                                                                                              Any recovery
                                                                                               equipment used
                                                                                               should be
                                                                                               designed for
                                                                                               flammable
                                                                                               refrigerants.
                                                                                              Any refrigerant
                                                                                               releases should
                                                                                               be in a well-
                                                                                               ventilated area,
                                                                                               such as outside
                                                                                               of a building.
                                                                                              Only technicians
                                                                                               specifically
                                                                                               trained in
                                                                                               handling
                                                                                               flammable
                                                                                               refrigerants
                                                                                               should service
                                                                                               refrigerators and
                                                                                               freezers
                                                                                               containing these
                                                                                               refrigerants.
                                                                                               Technicians
                                                                                               should gain an
                                                                                               understanding of
                                                                                               minimizing the
                                                                                               risk of fire and
                                                                                               the steps to use
                                                                                               flammable
                                                                                               refrigerants
                                                                                               safely.

[[Page 19492]]

 
Household refrigerators,          Isobutane (R-600a)  Acceptable subject  As provided in      Room occupants
 freezers, and combination        Propane (R-290)...   to use conditions.  clauses SA6.1.1     should evacuate
 refrigerators and freezers.      R-441A............                       and SA6.1.2 of UL   the space
(New equipment only)............                                           Standard 250,       immediately
                                                                           10th edition, the   following the
                                                                           following           accidental
                                                                           markings must be    release of this
                                                                           attached at the     refrigerant.
                                                                           locations          If a service port
                                                                           provided and must   is added then
                                                                           be permanent:       household
                                                                          (a) On or near any   refrigerators,
                                                                           evaporators that    freezers, and
                                                                           can be contacted    combination
                                                                           by the consumer:    refrigerator and
                                                                           ``DANGER- Risk of   freezers using
                                                                           Fire or             these
                                                                           Explosion.          refrigerants
                                                                           Flammable           should have
                                                                           Refrigerant Used.   service aperture
                                                                           Do Not Use          fittings that
                                                                           Mechanical          differ from
                                                                           Devices To          fittings used in
                                                                           Defrost             equipment or
                                                                           Refrigerator. Do    containers using
                                                                           Not Puncture        non-flammable
                                                                           Refrigerant         refrigerant.
                                                                           Tubing.''.          ``Differ'' means
                                                                          (b) Near the         that either the
                                                                           machine             diameter differs
                                                                           compartment:        by at least 1/16
                                                                           ``DANGER--Risk of   inch or the
                                                                           Fire or             thread direction
                                                                           Explosion.          is reversed
                                                                           Flammable           (i.e., right-
                                                                           Refrigerant Used.   handed vs. left-
                                                                           To Be Repaired      handed). These
                                                                           Only By Trained     different
                                                                           Service             fittings should
                                                                           Personnel. Do Not   be permanently
                                                                           Puncture            affixed to the
                                                                           Refrigerant         unit at the point
                                                                           Tubing.''.          of service and
                                                                          (c) Near the         maintained until
                                                                           machine             the end-of-life
                                                                           compartment:        of the unit, and
                                                                           ``CAUTION--Risk     should not be
                                                                           of Fire or          accessed with an
                                                                           Explosion.          adaptor.
                                                                           Flammable
                                                                           Refrigerant Used.
                                                                           Consult Repair
                                                                           Manual/Owner's
                                                                           Guide Before
                                                                           Attempting To
                                                                           Service This
                                                                           Product. All
                                                                           Safety
                                                                           Precautions Must
                                                                           Be Followed.''.
                                                                          (d) On the
                                                                           exterior of the
                                                                           refrigerator:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Dispose of
                                                                           Properly In
                                                                           Accordance With
                                                                           Federal Or Local
                                                                           Regulations.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          (e) Near any and
                                                                           all exposed
                                                                           refrigerant
                                                                           tubing:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion Due To
                                                                           Puncture Of
                                                                           Refrigerant
                                                                           Tubing; Follow
                                                                           Handling
                                                                           Instructions
                                                                           Carefully.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          All of these
                                                                           markings must be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (1/4 inch) high.
                                                                          The refrigerator,
                                                                           freezer, or
                                                                           combination
                                                                           refrigerator and
                                                                           freezer must have
                                                                           red,
                                                                           Pantone[supreg]
                                                                           Matching System
                                                                           (PMS) #185 marked
                                                                           pipes, hoses, or
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced
                                                                           (typically known
                                                                           as the service
                                                                           port) to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.

[[Page 19493]]

 
Retail food refrigerators and     Isobutane (R-600a)  Acceptable subject  As provided in      Room occupants
 freezers (stand-alone units      Propane (R-290)...   to use conditions.  clauses SB6.1.2     should evacuate
 only).                           R-441A............                       to SB6.1.5 of UL    the space
(New equipment only)............                                           Standard 471,       immediately
                                                                           10th edition, the   following the
                                                                           following           accidental
                                                                           markings must be    release of this
                                                                           attached at the     refrigerant.
                                                                           locations          If a service port
                                                                           provided and must   is added then
                                                                           be permanent:       retail food
                                                                          (a) On or near any   refrigerators and
                                                                           evaporators that    freezers using
                                                                           can be contacted    these
                                                                           by the consumer:    refrigerants
                                                                           ``DANGER--Risk of   should have
                                                                           Fire or             service aperture
                                                                           Explosion.          fittings that
                                                                           Flammable           differ from
                                                                           Refrigerant Used.   fittings used in
                                                                           Do Not Use          equipment or
                                                                           Mechanical          containers using
                                                                           Devices To          non-flammable
                                                                           Defrost             refrigerant.
                                                                           Refrigerator. Do    ``Differ'' means
                                                                           Not Puncture        that either the
                                                                           Refrigerant         diameter differs
                                                                           Tubing.''.          by at least 1/16
                                                                          (b) Near the         inch or the
                                                                           machine             thread direction
                                                                           compartment:        is reversed
                                                                           ``DANGER--Risk of   (i.e., right-
                                                                           Fire or             handed vs. left-
                                                                           Explosion.          handed). These
                                                                           Flammable           different
                                                                           Refrigerant Used.   fittings should
                                                                           To Be Repaired      be permanently
                                                                           Only By Trained     affixed to the
                                                                           Service             unit at the point
                                                                           Personnel. Do Not   of service and
                                                                           Puncture            maintained until
                                                                           Refrigerant         the end-of-life
                                                                           Tubing.''.          of the unit, and
                                                                          (c) Near the         should not be
                                                                           machine             accessed with an
                                                                           compartment:        adaptor.
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Flammable
                                                                           Refrigerant Used.
                                                                           Consult Repair
                                                                           Manual/Owner's
                                                                           Guide Before
                                                                           Attempting To
                                                                           Service This
                                                                           Product. All
                                                                           Safety
                                                                           Precautions Must
                                                                           be Followed.''.
                                                                          (d) On the
                                                                           exterior of the
                                                                           refrigerator:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Dispose of
                                                                           Properly In
                                                                           Accordance With
                                                                           Federal Or Local
                                                                           Regulations.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          (e) Near any and
                                                                           all exposed
                                                                           refrigerant
                                                                           tubing:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion Due To
                                                                           Puncture Of
                                                                           Refrigerant
                                                                           Tubing; Follow
                                                                           Handling
                                                                           Instructions
                                                                           Carefully.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          All of these
                                                                           markings must be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (1/4 inch) high.
                                                                          The refrigerator
                                                                           or freezer must
                                                                           have red,
                                                                           Pantone[supreg]
                                                                           Matching System
                                                                           (PMS) #185 marked
                                                                           pipes, hoses, and
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced,
                                                                           typically known
                                                                           as the service
                                                                           port, to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.

[[Page 19494]]

 
Very low temperature              Ethane (R-170)....  Acceptable subject  This refrigerant    Applicable OSHA
 refrigeration.                                        to use conditions.  may be used only    requirements at
Non-mechanical heat transfer....                                           in new equipment    29 CFR part 1910
(New equipment only)............                                           specifically        must be followed,
                                                                           designed and        including those
                                                                           clearly             at 29 CFR 1910.94
                                                                           identified for      (ventilation) and
                                                                           the refrigerant     1910.106
                                                                           (i.e., the          (flammable and
                                                                           substitute may      combustible
                                                                           not be used as a    liquids),
                                                                           conversion or       1910.110 (storage
                                                                           ``retrofit''        and handling of
                                                                           refrigerant for     liquefied
                                                                           existing            petroleum gases),
                                                                           equipment           1910.157
                                                                           designed for        (portable fire
                                                                           other               extinguishers),
                                                                           refrigerants).      and 1910.1000
                                                                          This refrigerant     (toxic and
                                                                           may only be used    hazardous
                                                                           in equipment that   substances).
                                                                           meets all          Proper ventilation
                                                                           requirements in     should be
                                                                           Supplement SB to    maintained at all
                                                                           the 10th edition    times during the
                                                                           of the              manufacture and
                                                                           Underwriters        storage of
                                                                           Laboratories (UL)   equipment
                                                                           Standard for        containing
                                                                           Commercial          hydrocarbon
                                                                           Refrigerators and   refrigerants
                                                                           Freezers, UL 471,   through adherence
                                                                           dated November      to good
                                                                           24, 2010. In        manufacturing
                                                                           cases where the     practices as per
                                                                           final rule          29 CFR 1910.106.
                                                                           includes            If refrigerant
                                                                           requirements more   levels in the air
                                                                           stringent than      surrounding the
                                                                           those of the 10th   equipment rise
                                                                           edition of UL       above one-fourth
                                                                           471, the            of the lower
                                                                           appliance must      flammability
                                                                           meet the            limit, the space
                                                                           requirements of     should be
                                                                           the final rule in   evacuated and re-
                                                                           place of the        entry should
                                                                           requirements in     occur only after
                                                                           the UL Standard.    the space has
                                                                          The charge size      been properly
                                                                           for the equipment   ventilated.
                                                                           must not exceed    Technicians and
                                                                           150 g (5.29 oz)     equipment
                                                                           in each circuit.    manufacturers
                                                                                               should wear
                                                                                               appropriate
                                                                                               personal
                                                                                               protective
                                                                                               equipment,
                                                                                               including
                                                                                               chemical goggles
                                                                                               and protective
                                                                                               gloves, when
                                                                                               handling ethane.
                                                                                               Special care
                                                                                               should be taken
                                                                                               to avoid contact
                                                                                               with the skin
                                                                                               since ethane,
                                                                                               like many
                                                                                               refrigerants, can
                                                                                               cause freeze
                                                                                               burns on the
                                                                                               skin.
                                                                                              A Class B dry
                                                                                               powder type fire
                                                                                               extinguisher
                                                                                               should be kept
                                                                                               nearby.
                                                                                              Technicians should
                                                                                               only use spark-
                                                                                               proof tools when
                                                                                               working on
                                                                                               equipment with
                                                                                               flammable
                                                                                               refrigerants.
                                                                                              Any recovery
                                                                                               equipment used
                                                                                               should be
                                                                                               designed for
                                                                                               flammable
                                                                                               refrigerants.
                                                                                              Any refrigerant
                                                                                               releases should
                                                                                               be in a well-
                                                                                               ventilated area,
                                                                                               such as outside
                                                                                               of a building.
                                                                                              Only technicians
                                                                                               specifically
                                                                                               trained in
                                                                                               handling
                                                                                               flammable
                                                                                               refrigerants
                                                                                               should service
                                                                                               equipment
                                                                                               containing
                                                                                               ethane.
                                                                                               Technicians
                                                                                               should gain an
                                                                                               understanding of
                                                                                               minimizing the
                                                                                               risk of fire and
                                                                                               the steps to use
                                                                                               flammable
                                                                                               refrigerants
                                                                                               safely.

[[Page 19495]]

 
Very low temperature              Ethane (R-170)....  Acceptable subject  As provided in      Room occupants
 refrigeration.                                        to use conditions.  clauses SB6.1.2     should evacuate
Non-mechanical heat transfer....                                           to SB6.1.5 of UL    the space
(New equipment only)............                                           Standard 471,       immediately
                                                                           10th edition, the   following the
                                                                           following           accidental
                                                                           markings must be    release of this
                                                                           attached at the     refrigerant.
                                                                           locations          If a service port
                                                                           provided and must   is added then
                                                                           be permanent:       refrigeration
                                                                          (a) On or near any   equipment using
                                                                           evaporators that    this refrigerant
                                                                           can be contacted    should have
                                                                           by the consumer:    service aperture
                                                                           ``DANGER--Risk of   fittings that
                                                                           Fire or             differ from
                                                                           Explosion.          fittings used in
                                                                           Flammable           equipment or
                                                                           Refrigerant Used.   containers using
                                                                           Do Not Use          non-flammable
                                                                           Mechanical          refrigerant.
                                                                           Devices To          ``Differ'' means
                                                                           Defrost             that either the
                                                                           Refrigerator. Do    diameter differs
                                                                           Not Puncture        by at least 1/16
                                                                           Refrigerant         inch or the
                                                                           Tubing.''.          thread direction
                                                                          (b) Near the         is reversed
                                                                           machine             (i.e., right-
                                                                           compartment:        handed vs. left-
                                                                           ``DANGER--Risk of   handed). These
                                                                           Fire or             different
                                                                           Explosion.          fittings should
                                                                           Flammable           be permanently
                                                                           Refrigerant Used.   affixed to the
                                                                           To Be Repaired      unit at the point
                                                                           Only By Trained     of service and
                                                                           Service             maintained until
                                                                           Personnel. Do Not   the end-of-life
                                                                           Puncture            of the unit, and
                                                                           Refrigerant         should not be
                                                                           Tubing.''.          accessed with an
                                                                          (c) Near the         adaptor.
                                                                           machine            Example of non-
                                                                           compartment:        mechanical heat
                                                                           ``CAUTION--Risk     transfer using
                                                                           of Fire or          this refrigerant
                                                                           Explosion.          would be use in a
                                                                           Flammable           secondary loop of
                                                                           Refrigerant Used.   a thermosiphon.
                                                                           Consult Repair
                                                                           Manual/Owner's
                                                                           Guide Before
                                                                           Attempting To
                                                                           Service This
                                                                           Product. All
                                                                           Safety
                                                                           Precautions Must
                                                                           be Followed.''.
                                                                          (d) On the
                                                                           exterior of the
                                                                           refrigerator:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Dispose of
                                                                           Properly In
                                                                           Accordance With
                                                                           Federal Or Local
                                                                           Regulations.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          (e) Near any and
                                                                           all exposed
                                                                           refrigerant
                                                                           tubing:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion Due To
                                                                           Puncture Of
                                                                           Refrigerant
                                                                           Tubing; Follow
                                                                           Handling
                                                                           Instructions
                                                                           Carefully.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          All of these
                                                                           markings must be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (1/4 inch) high.
                                                                          The refrigeration
                                                                           equipment must
                                                                           have red,
                                                                           Pantone[supreg]
                                                                           Matching System
                                                                           (PMS) #185 marked
                                                                           pipes, hoses, and
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced,
                                                                           typically known
                                                                           as the service
                                                                           port, to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.

[[Page 19496]]

 
Vending Machines................  Isobutane (R-600a)  Acceptable subject  These refrigerants  Applicable OSHA
(New equipment only)............  Propane (R-290)...   to use conditions.  may be used only    requirements at
                                  R-441A............                       in new equipment    29 part 1910 must
                                                                           specifically        be followed,
                                                                           designed and        including those
                                                                           clearly             at 29 CFR 1910.94
                                                                           identified for      (ventilation) and
                                                                           the refrigerants    1910.106
                                                                           (i.e., none of      (flammable and
                                                                           these substitutes   combustible
                                                                           may be used as a    liquids),
                                                                           conversion or       1910.110 (storage
                                                                           ``retrofit''        and handling of
                                                                           refrigerant for     liquefied
                                                                           existing            petroleum gases),
                                                                           equipment           1910.157
                                                                           designed for        (portable fire
                                                                           other               extinguishers),
                                                                           refrigerants).      and 1910.1000
                                                                          Detaching and        (toxic and
                                                                           replacing the old   hazardous
                                                                           refrigeration       substances).
                                                                           circuit from the   Proper ventilation
                                                                           outer casing of     should be
                                                                           the equipment       maintained at all
                                                                           with a new one      times during the
                                                                           containing a new    manufacture and
                                                                           evaporator,         storage of
                                                                           condenser, and      equipment
                                                                           refrigerant         containing
                                                                           tubing within the   hydrocarbon
                                                                           old casing is       refrigerants
                                                                           considered          through adherence
                                                                           ``new'' equipment   to good
                                                                           and not a           manufacturing
                                                                           retrofit of the     practices as per
                                                                           old, existing       29 CFR 1910.106.
                                                                           equipment.          If refrigerant
                                                                          These substitutes    levels in the air
                                                                           may only be used    surrounding the
                                                                           in equipment that   equipment rise
                                                                           meets all           above one-fourth
                                                                           requirements in     of the lower
                                                                           Supplement SA to    flammability
                                                                           the 7th edition     limit, the space
                                                                           of the              should be
                                                                           Underwriters        evacuated and re-
                                                                           Laboratories (UL)   entry should
                                                                           Standard for        occur only after
                                                                           Refrigerated        the space has
                                                                           Vending Machines,   been properly
                                                                           UL 541, dated       ventilated.
                                                                           December, 2011.    Technicians and
                                                                           In cases where      equipment
                                                                           the final rule      manufacturers
                                                                           includes            should wear
                                                                           requirements more   appropriate
                                                                           stringent than      personal
                                                                           those of the 7th    protective
                                                                           edition of UL       equipment,
                                                                           541, the            including
                                                                           appliance must      chemical goggles
                                                                           meet the            and protective
                                                                           requirements of     gloves, when
                                                                           the final rule in   handling these
                                                                           place of the        refrigerants.
                                                                           requirements in     Special care
                                                                           the UL Standard.    should be taken
                                                                          The charge size      to avoid contact
                                                                           for vending         with the skin
                                                                           machines must not   since these
                                                                           exceed 150 g        refrigerants,
                                                                           (5.29 oz) in each   like many
                                                                           circuit.            refrigerants, can
                                                                                               cause freeze
                                                                                               burns on the
                                                                                               skin.
                                                                                              A Class B dry
                                                                                               powder type fire
                                                                                               extinguisher
                                                                                               should be kept
                                                                                               nearby.
                                                                                              Technicians should
                                                                                               only use spark-
                                                                                               proof tools when
                                                                                               working on
                                                                                               refrigeration
                                                                                               equipment with
                                                                                               flammable
                                                                                               refrigerants.
                                                                                              Any recovery
                                                                                               equipment used
                                                                                               should be
                                                                                               designed for
                                                                                               flammable
                                                                                               refrigerants.
                                                                                              Any refrigerant
                                                                                               releases should
                                                                                               be in a well-
                                                                                               ventilated area,
                                                                                               such as outside
                                                                                               of a building.
                                                                                              Only technicians
                                                                                               specifically
                                                                                               trained in
                                                                                               handling
                                                                                               flammable
                                                                                               refrigerants
                                                                                               should service
                                                                                               refrigeration
                                                                                               equipment
                                                                                               containing these
                                                                                               refrigerants.
                                                                                               Technicians
                                                                                               should gain an
                                                                                               understanding of
                                                                                               minimizing the
                                                                                               risk of fire and
                                                                                               the steps to use
                                                                                               flammable
                                                                                               refrigerants
                                                                                               safely.

[[Page 19497]]

 
Vending Machines................  Isobutane (R-600a)  Acceptable subject  As provided in      Room occupants
(New equipment only)............  Propane (R-290)...   to use conditions.  clauses SA6.1.2     should evacuate
                                  R-441A............                       to SA6.1.5 of UL    the space
                                                                           Standard 541, 7th   immediately
                                                                           edition, the        following the
                                                                           following           accidental
                                                                           markings must be    release of this
                                                                           attached at the     refrigerant.
                                                                           locations          If a service port
                                                                           provided and must   is added then
                                                                           be permanent:       refrigeration
                                                                          (a) On or near any   equipment using
                                                                           evaporators that    this refrigerant
                                                                           can be contacted    should have
                                                                           by the consumer:    service aperture
                                                                           ``DANGER--Risk of   fittings that
                                                                           Fire or             differ from
                                                                           Explosion.          fittings used in
                                                                           Flammable           equipment or
                                                                           Refrigerant Used.   containers using
                                                                           Do Not Use          non-flammable
                                                                           Mechanical          refrigerant.
                                                                           Devices To          ``Differ'' means
                                                                           Defrost             that either the
                                                                           Refrigerator. Do    diameter differs
                                                                           Not Puncture        by at least 1/16
                                                                           Refrigerant         inch or the
                                                                           Tubing.''.          thread direction
                                                                          (b) Near the         is reversed
                                                                           machine             (i.e., right-
                                                                           compartment:        handed vs. left-
                                                                           ``DANGER--Risk of   handed). These
                                                                           Fire or             different
                                                                           Explosion.          fittings should
                                                                           Flammable           be permanently
                                                                           Refrigerant Used.   affixed to the
                                                                           To Be Repaired      unit at the point
                                                                           Only By Trained     of service and
                                                                           Service             maintained until
                                                                           Personnel. Do Not   the end-of-life
                                                                           Puncture            of the unit, and
                                                                           Refrigerant         should not be
                                                                           Tubing.''.          accessed with an
                                                                          (c) Near the         adaptor.
                                                                           machine
                                                                           compartment:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Flammable
                                                                           Refrigerant Used.
                                                                           Consult Repair
                                                                           Manual/Owner's
                                                                           Guide Before
                                                                           Attempting To
                                                                           Service This
                                                                           Product. All
                                                                           Safety
                                                                           Precautions Must
                                                                           be Followed.''.
                                                                          (d) On the
                                                                           exterior of the
                                                                           refrigerator:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Dispose of
                                                                           Properly In
                                                                           Accordance With
                                                                           Federal Or Local
                                                                           Regulations.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          (e) Near any and
                                                                           all exposed
                                                                           refrigerant
                                                                           tubing:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion Due To
                                                                           Puncture Of
                                                                           Refrigerant
                                                                           Tubing; Follow
                                                                           Handling
                                                                           Instructions
                                                                           Carefully.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''.
                                                                          All of these
                                                                           markings must be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (1/4 inch) high.
                                                                          The refrigeration
                                                                           equipment must
                                                                           have red,
                                                                           Pantone[supreg]
                                                                           Matching System
                                                                           (PMS) #185 marked
                                                                           pipes, hoses, and
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced,
                                                                           typically known
                                                                           as the service
                                                                           port, to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.

[[Page 19498]]

 
Residential and light-commercial  HFC-32............  Acceptable subject  These refrigerants  Applicable OSHA
 air conditioning and heat        Propane (R-290)...   to use conditions.  may be used only    requirements at
 pumps--self-contained room air   R-441A............                       in new equipment    29 CFR part 1910
 conditioners only.                                                        specifically        must be followed,
(New equipment only)............                                           designed and        including those
                                                                           clearly             at 29 CFR 1910.94
                                                                           identified for      (ventilation) and
                                                                           the refrigerants    1910.106
                                                                           (i.e., none of      (flammable and
                                                                           these substitutes   combustible
                                                                           may be used as a    liquids),
                                                                           conversion or       1910.110 (storage
                                                                           ``retrofit''        and handling of
                                                                           refrigerant for     liquefied
                                                                           existing            petroleum gases),
                                                                           equipment           1910.157
                                                                           designed for        (portable fire
                                                                           other               extinguishers),
                                                                           refrigerants)       and 1910.1000
                                                                          These refrigerants   (toxic and
                                                                           may only be used    hazardous
                                                                           in equipment that   substances).
                                                                           meets all          Proper ventilation
                                                                           requirements in     should be
                                                                           Supplement SA and   maintained at all
                                                                           Appendices B        times during the
                                                                           through F of the    manufacture and
                                                                           8th edition of      storage of
                                                                           the Underwriters    equipment
                                                                           Laboratories (UL)   containing
                                                                           Standard for Room   hydrocarbon
                                                                           Air Conditioners,   refrigerants
                                                                           UL 484, dated       through adherence
                                                                           August 3, 2012.     to good
                                                                           In cases where      manufacturing
                                                                           the final rule      practices as per
                                                                           includes            29 CFR 1910.106.
                                                                           requirements more   If refrigerant
                                                                           stringent than      levels in the air
                                                                           those of the 8th    surrounding the
                                                                           edition of UL       equipment rise
                                                                           484, the            above one-fourth
                                                                           appliance must      of the lower
                                                                           meet the            flammability
                                                                           requirements of     limit, the space
                                                                           the final rule in   should be
                                                                           place of the        evacuated and re-
                                                                           requirements in     entry should
                                                                           the UL Standard.    occur only after
                                                                          The charge size      the space has
                                                                           for the entire      been properly
                                                                           air conditioner     ventilated.
                                                                           must not exceed    Technicians and
                                                                           the maximum         equipment
                                                                           refrigerant mass    manufacturers
                                                                           determined          should wear
                                                                           according to        appropriate
                                                                           Appendix F of UL    personal
                                                                           484, 8th edition    protective
                                                                           for the room size   equipment,
                                                                           where the air       including
                                                                           conditioner is      chemical goggles
                                                                           used. The charge    and protective
                                                                           size for these      gloves, when
                                                                           three               handling these
                                                                           refrigerants must   refrigerants.
                                                                           in no case exceed   Special care
                                                                           7,960 g (280.8 oz   should be taken
                                                                           or 17.55 lb) of     to avoid contact
                                                                           HFC-32; 1,000 g     with the skin
                                                                           (35.3 oz or 2.21    since these
                                                                           lbs) of propane;    refrigerants,
                                                                           or 1,000 g (35.3    like many
                                                                           oz or 2.21 lb) of   refrigerants, can
                                                                           R-441A. For         cause freeze
                                                                           portable air        burns on the
                                                                           conditioners, the   skin.
                                                                           charge size must   A Class B dry
                                                                           in no case exceed   powder type fire
                                                                           2,450 g (80.0 oz    extinguisher
                                                                           or 5.0 lb) of HFC-  should be kept
                                                                           32; 300 g (10.6     nearby.
                                                                           oz or 0.66 lbs)    Technicians should
                                                                           of propane; or      only use spark-
                                                                           330 g (11.6 oz or   proof tools when
                                                                           0.72 lb) of R-      working on air
                                                                           441A. The           conditioning
                                                                           manufacturer must   equipment with
                                                                           design a charge     flammable
                                                                           size for the        refrigerants.
                                                                           entire air         Any recovery
                                                                           conditioner that    equipment used
                                                                           does not exceed     should be
                                                                           the amount          designed for
                                                                           specified for the   flammable
                                                                           unit's cooling      refrigerants.
                                                                           capacity, as       Any refrigerant
                                                                           specified in        releases should
                                                                           Table A, B, C, D,   be in a well-
                                                                           or E of this        ventilated area,
                                                                           Appendix.           such as outside
                                                                                               of a building.
                                                                                              Only technicians
                                                                                               specifically
                                                                                               trained in
                                                                                               handling
                                                                                               flammable
                                                                                               refrigerants
                                                                                               should service
                                                                                               refrigeration
                                                                                               equipment
                                                                                               containing these
                                                                                               refrigerants.
                                                                                               Technicians
                                                                                               should gain an
                                                                                               understanding of
                                                                                               minimizing the
                                                                                               risk of fire and
                                                                                               the steps to use
                                                                                               flammable
                                                                                               refrigerants
                                                                                               safely.

[[Page 19499]]

 
Residential and light-commercial  HFC-32............  Acceptable subject  As provided in      Room occupants
 air conditioning and heat        Propane (R-290)...   to use conditions.  clauses SA6.1.2     should evacuate
 pumps--self-contained room air   R-441A............                       to SA6.1.5 of UL    the space
 conditioners only.                                                        484, 8th edition,   immediately
(New equipment only)............                                           the following       following the
                                                                           markings must be    accidental
                                                                           attached at the     release of this
                                                                           locations           refrigerant.
                                                                           provided and must  If a service port
                                                                           be permanent:.      is added then air
                                                                          (a) On the outside   conditioning
                                                                           of the air          equipment using
                                                                           conditioner:        this refrigerant
                                                                           ``DANGER--Risk of   should have
                                                                           Fire or             service aperture
                                                                           Explosion.          fittings that
                                                                           Flammable           differ from
                                                                           Refrigerant Used.   fittings used in
                                                                           To Be Repaired      equipment or
                                                                           Only By Trained     containers using
                                                                           Service             non-flammable
                                                                           Personnel. Do Not   refrigerant.
                                                                           Puncture            ``Differ'' means
                                                                           Refrigerant         that either the
                                                                           Tubing.''.          diameter differs
                                                                          (b) On the outside   by at least 1/16
                                                                           of the air          inch or the
                                                                           conditioner:        thread direction
                                                                           ``CAUTION--Risk     is reversed
                                                                           of Fire or          (i.e., right-
                                                                           Explosion.          handed vs. left-
                                                                           Dispose of          handed). These
                                                                           Properly In         different
                                                                           Accordance With     fittings should
                                                                           Federal Or Local    be permanently
                                                                           Regulations.        affixed to the
                                                                           Flammable           unit at the point
                                                                           Refrigerant         of service and
                                                                           Used.''.            maintained until
                                                                          (c) On the inside    the end-of-life
                                                                           of the air          of the unit, and
                                                                           conditioner near    should not be
                                                                           the compressor:     accessed with an
                                                                           ``CAUTION--Risk     adaptor.
                                                                           of Fire or         Air conditioning
                                                                           Explosion.          equipment in this
                                                                           Flammable           category
                                                                           Refrigerant Used.   includes:
                                                                           Consult Repair     Window air
                                                                           Manual/Owner's      conditioning
                                                                           Guide Before        units.
                                                                           Attempting To      Portable room air
                                                                           Service This        conditioners.
                                                                           Product. All       Packaged terminal
                                                                           Safety              air conditioners
                                                                           Precautions Must    and heat pumps.
                                                                           be Followed.''.
                                                                          (d) On the outside
                                                                           of each portable
                                                                           air conditioner:
                                                                           ``WARNING:
                                                                           Appliance hall be
                                                                           installed,
                                                                           operated and
                                                                           stored in a room
                                                                           with a floor area
                                                                           larger the ``X''
                                                                           m\2\ (Y ft\2\).''
                                                                           The value ``X''
                                                                           on the label must
                                                                           be determined
                                                                           using the minimum
                                                                           room size in m\2\
                                                                           calculated using
                                                                           Appendix F of UL
                                                                           484, 8th edition.
                                                                           For R-441A, use a
                                                                           lower
                                                                           flammability
                                                                           limit of 0.041 kg/
                                                                           m\3\ in
                                                                           calculations in
                                                                           Appendix F of UL
                                                                           484, 8th edition.
                                                                          All of these
                                                                           markings must be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (1/4 inch) high.
                                                                          The air
                                                                           conditioning
                                                                           equipment must
                                                                           have red,
                                                                           Pantone[supreg]
                                                                           Matching System
                                                                           (PMS) #185 marked
                                                                           pipes, hoses, and
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced,
                                                                           typically known
                                                                           as the service
                                                                           port, to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.
----------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories
  Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the
  regulations in part 82:
1. UL 250: Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and
  Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. August
  25, 2000.
2. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators
  and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc.
  November 24, 2010.
3. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a
  Flammable Refrigerant in the Refrigerating System and Appendices B through F. December 21, 2007, with changes
  through August 3, 2012.
4. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders
  Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011
The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a)
  and 1 CFR part 51. Copies of UL Standards 250, 471, 484 and 541 may be purchased by mail at: COMM 2000; 151
  Eastern Avenue; Bensenville, IL 60106; Email: 2000.com">orders@comm-2000.com; Telephone: 1-888-853-3503 in the U.S. or
  Canada (other countries dial +1-415-352-2168); Internet address: http://ulstandardsinfonet.ul.com/ or
  www.comm-2000.com.
You may inspect a copy at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution
  Ave. NW., Washington DC or at the National Archives and Records Administration (NARA). For questions regarding
  access to these standards, the telephone number of EPA's Air and Radiation Docket is 202-566-1742. For
  information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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