[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Proposed Rules]
[Pages 35874-35895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11990]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2019-0698; FRL-10009-66-OAR]
RIN 2060-AU81


Protection of Stratospheric Ozone: Listing of Substitutes Under 
the Significant New Alternatives Policy Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: Pursuant to the U.S. Environmental Protection Agency's (EPA) 
Significant New Alternatives Policy program, this action proposes to 
list certain substances in the refrigeration and air conditioning 
sector and the foam blowing sector. For the retail food refrigeration--
medium-temperature stand-alone units (new) end-use, EPA is proposing to 
list substitutes as acceptable subject to narrowed use limits. For the 
residential and light commercial air conditioning and heat pumps (new) 
end-use, EPA is proposing to list substitutes as acceptable subject to 
use conditions. For the foam blowing sector, extruded polystyrene: 
Boardstock and billet end-use, EPA is proposing to list substitutes as 
acceptable. This action also proposes to remove an acceptable subject 
to use conditions listing for the fire suppression sector because EPA 
more recently listed the substitute as acceptable with no use 
restrictions.

DATES: Comments must be received on or before July 27, 2020. Any party 
requesting a public hearing must notify the contact listed below under 
FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on June 
17, 2020. If a virtual hearing is held, it will take place on or before 
June 29, 2020 and further information will be provided on EPA's 
Stratospheric Ozone website at www.epa.gov/ozone/snap.

ADDRESSES: You may send comments, identified by docket identification 
(ID) number EPA-HQ-OAR-2019-0698, to the Federal eRulemaking Portal: 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
withdrawn. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, EPA's full public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. Out of an abundance of caution for members of 
the public and our staff, the EPA Docket Center and Reading Room was 
closed to public visitors on March 31, 2020, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. We encourage the 
public to submit comments via https://www.regulations.gov or email, as 
there is a temporary suspension of mail delivery to EPA, and no hand 
deliveries are currently accepted. For further information on EPA 
Docket Center services and the current status, please visit us online 
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christina Thompson, Stratospheric 
Protection Division, Office of Atmospheric Programs (Mail Code 6205T), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; telephone number: 202-564-0983; email address: 
thompson.christina@epa.gov. Notices and rulemakings under EPA's 
Significant New Alternatives Policy program are available on EPA's 
Stratospheric Ozone website at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Executive Summary and Background
    B. Does this action apply to me?
    C. What acronyms and abbreviations are used in the preamble?
II. What is EPA proposing in this action?
    A. Retail Food Refrigeration--Proposed Listing of R-448A, R-449A 
and R-449B as Acceptable, Subject to Narrowed Use Limits, for Retail 
Food Refrigeration--Medium-Temperature Stand-Alone Units (New)
    1. Background on Retail Food Refrigeration--Medium-Temperature 
Stand-Alone Units
    2. What are R-448A, R-449A and R-449B and how do they compare to 
other refrigerants in the same end-use?
    3. Summary of AHRI Petition
    4. What is EPA proposing for R-448A, R-449A and R-449B?
    B. Residential and Light Commercial Air Conditioning and Heat 
Pumps--Proposed Listing of R-452B, R-454A, R-454B, R-454C, and R-
457A as Acceptable, Subject to Use Conditions, for Use in 
Residential and Light Commercial Air Conditioning and Heat Pumps 
End-Use for New Equipment; and R-32 as Acceptable, Subject to Use 
Conditions, for Use in Residential and Light Commercial Air 
Conditioning and Heat Pumps--Equipment Other Than Self-Contained 
Room Air Conditioners, for New Equipment
    1. Background on Residential and Light Commercial Air 
Conditioning and Heat Pumps
    2. What are the ASHRAE classifications for refrigerant 
flammability?
    3. What are R-32, R-452B, R-454A, R-454B, R-454C, and R-457A and 
how do they compare to other refrigerants in the same end-use?
    4. Why is EPA proposing these specific use conditions?

[[Page 35875]]

    5. What additional information is EPA including in these 
listings?
    6. On what aspects is EPA requesting additional comment?
    C. Extruded Polystyrene: Boardstock and Billet--Proposed Listing 
of Blends of 40 to 52 Percent HFC-134a by Weight and the Remainder 
HFO-1234ze(E); Blends of 40 to 52 Percent HFC-134a With 40 to 60 
Percent HFO-1234ze(E) and 10 to 20 Percent Each Water and 
CO2 by Weight; and Blends With Maximum of 51 Percent HFC-
134a, 17 to 41 Percent HFC-152a, up to 20 Percent CO2 and 
One to 13 Percent Water
    1. Background on XPS
    2. What are blends of 40 to 52 percent HFC-134a and the 
remainder HFO-1234ze(E); blends of 40 to 52 percent HFC-134a with 40 
to 60 percent HFO-1234ze(E) and 10 to 20 percent each water and 
carbon dioxide; and blends with maximum of 51 percent HFC-134a, 17 
to 41 percent HFC-152a, up to 20 percent CO2 and one to 
13 percent water, and how do they compare to other foam blowing 
agents in the same end-use?
    3. What is EPA proposing for HFC-134a blends in XPS?
    D. Total Flooding: Proposed Removal of Powdered Aerosol E From 
the List of Substitutes Acceptable Subject to Use Conditions
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act
    E. Unfunded Mandates Reform Act
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Population
    IV. References

I. General Information

A. Executive Summary and Background

    This action proposes to list new alternatives for the refrigeration 
and air conditioning sector and for the foam blowing sector and to 
change an existing listing for the fire suppression sector. 
Specifically, EPA is proposing to:
     List R-448A, R-449A and R-449B as acceptable, subject to 
narrowed use limits, for use in retail food refrigeration--medium-
temperature stand-alone units for new equipment;
     List R-452B, R-454A, R-454B, R-454C and R-457A as 
acceptable, subject to use conditions, for use in residential and light 
commercial air conditioning (AC) and heat pumps for new equipment and 
R-32 as acceptable, subject to use conditions, for use in residential 
and light commercial AC and heat pumps--equipment other than self-
contained room air conditioners, for new equipment;
     List blends of 40 to 52 percent hydrofluorocarbon (HFC)-
134a and the remainder hydrofluoroolefin (HFO)-1234ze(E); blends of 40 
to 52 percent HFC-134a with 40 to 60 percent HFO-1234ze(E) and 10 to 20 
percent each water and carbon dioxide (CO2); and blends with 
maximum of 51 percent HFC-134a, 17 to 41 percent HFC-152a, up to 20 
percent CO2 and one to 13 percent water as acceptable for 
use in extruded polystyrene: Boardstock and billet (XPS); and
     Remove Powdered Aerosol E from the list of fire 
suppression substitutes acceptable subject to use conditions in total 
flooding applications.
    EPA is proposing these listings after its evaluation of human 
health and environmental information on various substitutes submitted 
to the Significant New Alternatives Policy (SNAP) program. This action 
provides additional flexibility for industry by providing new options 
in specific uses and situations.
    In this proposed rule, EPA refers to listings made in a final rule 
issued July 20, 2015, at 80 FR 42870 (``2015 Rule''). The 2015 Rule, 
among other things, changed the listings for certain HFCs and blends 
from acceptable to unacceptable in various end-uses in the aerosols, 
refrigeration and air conditioning, and foam blowing sectors. After a 
challenge to the 2015 Rule, the United States Court of Appeals for the 
District of Columbia Circuit (``the court'') issued a partial vacatur 
of the 2015 Rule ``to the extent it requires manufacturers to replace 
HFCs with a substitute substance'' \1\ and remanded the rule to the 
Agency for further proceedings.\2\ The court also upheld EPA's listing 
changes as being reasonable and not ``arbitrary and capricious.'' \3\ 
This proposed rule is not EPA's response to the court's decision. EPA 
is developing a future proposed rule to respond to the court's 
decision.
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    \1\ Mexichem Fluor, Inc. v. EPA, 866 F.3d 451, 462 (D.C. Cir. 
2017).
    \2\ Later, the court issued a similar decision on portions of a 
similar final rule issued December 1, 2016 at 81 FR 86778 (``2016 
Rule''). See Mexichem Fluor, Inc. v. EPA, Judgment, Case No. 17-1024 
(D.C. Cir., April 5, 2019), 760 Fed. Appx. 6 (Mem). That rule is not 
relevant for this action.
    \3\ Mexichem Fluor, 866 F.3d at 462-63.
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SNAP Program Background
    The SNAP program implements section 612 of the Clean Air Act (CAA). 
Several major provisions of section 612 are:
1. Rulemaking
    Section 612(c) requires EPA to promulgate rules making it unlawful 
to replace any class I (chlorofluorocarbon (CFC), halon, carbon 
tetrachloride, methyl chloroform, methyl bromide, 
hydrobromofluorocarbon, and chlorobromomethane) or class II 
(hydrochlorofluorocarbon (HCFC)) ozone-depleting substances (ODS) with 
any substitute that the Administrator determines may present adverse 
effects to human health or the environment where the Administrator has 
identified an alternative that (1) reduces the overall risk to human 
health and the environment and (2) is currently or potentially 
available.
2. Listing of Unacceptable/Acceptable Substitutes
    Section 612(c) requires EPA to publish a list of the substitutes 
that it finds to be unacceptable for specific uses and to publish a 
corresponding list of acceptable substitutes for specific uses.
3. Petition Process
    Section 612(d) grants the right to any person to petition EPA to 
add a substance to, or delete a substance from, the lists published in 
accordance with section 612(c).
4. 90-Day Notification
    Section 612(e) directs EPA to require any person who produces a 
chemical substitute for a class I substance to notify the Agency not 
less than 90 days before a new or existing chemical is introduced into 
interstate commerce for significant new use as a substitute for a class 
I substance. The producer must also provide the Agency with the 
producer's unpublished health and safety studies on such substitutes.
    The regulations for the SNAP program are promulgated at 40 CFR part 
82, subpart G, and the Agency's process for reviewing SNAP submissions 
is described in regulations at 40 CFR 82.180. Under these rules, the 
Agency has identified five types of listing decisions: Acceptable; 
acceptable subject to use conditions; acceptable subject to narrowed 
use limits; unacceptable; and pending (40 CFR 82.180(b)). Use 
conditions and narrowed use limits are both considered

[[Page 35876]]

``use restrictions,'' as described below. Substitutes that are deemed 
acceptable with no use restrictions (no use conditions or narrowed use 
limits) can be used for all applications within the relevant end-uses 
in the sector. After reviewing a substitute, the Agency may determine 
that a substitute is acceptable only if certain conditions in the way 
that the substitute is used are met to minimize risks to human health 
and the environment. EPA describes such substitutes as ``acceptable 
subject to use conditions.'' (40 CFR 82.180(b)(2)). For some 
substitutes, the Agency may permit a narrowed range of use within an 
end-use or sector. For example, the Agency may limit the use of a 
substitute to certain end-uses or specific applications within an 
industry sector. EPA describes these substitutes as ``acceptable 
subject to narrowed use limits.'' Under the narrowed use limit, users 
intending to adopt these substitutes ``must ascertain that other 
alternatives are not technically feasible.'' (40 CFR 82.180(b)(3)).
    In making decisions regarding whether a substitute is acceptable or 
unacceptable, and whether substitutes present risks that are lower than 
or comparable to risks from other substitutes that are currently or 
potentially available in the end-uses under consideration, EPA examines 
the criteria in 40 CFR 82.180(a)(7): (i) Atmospheric effects and 
related health and environmental impacts; (ii) general population risks 
from ambient exposure to compounds with direct toxicity and to 
increased ground-level ozone; (iii) ecosystem risks; (iv) occupational 
risks; (v) consumer risks; (vi) flammability; and (vii) cost and 
availability of the substitute.
    For additional information on the SNAP program, visit the SNAP 
portion of EPA's Ozone Layer Protection website at www.epa.gov/snap. 
Copies of the full lists of acceptable substitutes for ODS in all 
industrial sectors are available at www.epa.gov/snap/substitutes-sector. For more information on the Agency's process for administering 
the SNAP program or criteria for evaluation of substitutes, refer to 
the initial SNAP rulemaking published March 18, 1994 (59 FR 13044), 
codified at 40 CFR part 82, subpart G. SNAP decisions and the 
appropriate Federal Register citations are found at: www.epa.gov/snap/snap-regulations. Substitutes listed as unacceptable; acceptable, 
subject to narrowed use limits; or acceptable, subject to use 
conditions, are also listed in the appendices to 40 CFR part 82, 
subpart G.

B. Does this action apply to me?

    The following list identifies regulated entities that may be 
affected by this proposed rule and their respective North American 
Industrial Classification System (NAICS) codes:

 All Other Basic Organic Chemical Manufacturing (NAICS 325199)
 Polystyrene Foam Product Manufacturing (NAICS 326140)
 Urethane and Other Foam Product (except Polystyrene) 
Manufacturing (NAICS 326150)
 Air Conditioning and Warm Air Heating Equipment and Commercial 
and Industrial Refrigeration Equipment Manufacturing (NAICS 333415)
 Refrigeration Equipment and Supplies Merchant Wholesalers 
(NAICS 423740)
 Supermarkets and Other Grocery (except Convenience) Stores 
(NAICS 44511 & 445110)
 Convenience Stores (NAICS 445120)
 Limited-Service Restaurants (NAICS 722513)
 Cafeterias, Grill Buffets, and Buffets (NAICS 722514)
 Snack and Nonalcoholic Beverage Bars (NAICS 722515)
 Fire Protection (NAICS 922160)

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

    Below is a list of acronyms and abbreviations used in the preamble 
of this document:

AC--Air Conditioning
ADA--Americans with Disabilities Act
AEL--Acceptable Exposure Limit
AHRI--Air-Conditioning, Heating, and Refrigeration Institute
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-Conditioning 
Engineers
ASTM--American Society for Testing and Materials
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification Number
CBI--Confidential Business Information
CCAC--Climate and Clean Air Coalition
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CO2--Carbon Dioxide
DOE--United States Department of Energy
EPA--United States Environmental Protection Agency
FR--Federal Register
GSHP--Ground-Source Heat Pump
GWP--Global Warming Potential
HCFC--Hydrochlorofluorocarbon
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HP--Heat Pump
ICF--ICF International, Inc.
IPCC--Intergovernmental Panel on Climate Change
LFL--Lower Flammability Limit
MBtu--Million British thermal units
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NFPA--National Fire Protection Association
NIOSH--National Institute for Occupational Safety and Health
NPRM--Notice of Proposed Rulemaking
ODP--Ozone Depletion Potential
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PEL--Permissible Exposure Limit
ppm--Parts Per Million
PRA--Paperwork Reduction Act
PTAC--Packaged Terminal Air Conditioner
PTHP--Packaged Terminal Heat Pump
RFA--Regulatory Flexibility Act
SDS--Safety Data Sheet
SIP--State Implementation Plan
SNAP--Significant New Alternatives Policy
STEL--Short-term Exposure Limit
TSCA--Toxic Substances Control Act
TWA--Time Weighted Average
UL--Underwriters Laboratories Inc
UMRA--Unfunded Mandates Reform Act
VOC--Volatile Organic Compounds
VRF--Variable Refrigerant Flow
WEEL--Workplace Environmental Exposure Limit
WSHP--Water-Source Heat Pump
XPS--Extruded Polystyrene: Boardstock and Billet

II. What is EPA proposing in this action?

A. Retail Food Refrigeration--Proposed Listing of R-448A, R-449A and R-
449B as Acceptable, Subject to Narrowed Use Limits, for Retail Food 
Refrigeration--Medium-Temperature Stand-Alone Units (new)

    EPA is proposing to list R-448A, R-449A, and R-449B as acceptable, 
subject to narrowed use limits, in new equipment only for new medium-
temperature stand-alone units in retail food refrigeration (hereafter, 
``new medium-temperature stand-alone units'').\4\
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    \4\ EPA previously divided the retail food refrigeration end-use 
into separate categories, including stand-alone equipment (76 FR 
78832, December 20, 2011). The Agency further subdivided stand-alone 
equipment to distinguish between medium-temperature equipment, which 
maintains products above 32 [deg]F (0 [deg]C), and low-temperature 
equipment, which maintains products at or below 32[ordm]F (0 [deg]C) 
(80 FR 42870, July 20, 2015).

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[[Page 35877]]

    Under the narrowed use limit, users \5\ intending to adopt these 
refrigerants ``must ascertain that other alternatives are not 
technically feasible.'' (40 CFR 82.180(b)(3)). In addition, the end 
users ``must document the results of their evaluation and retain the 
results on file for the purpose of demonstrating compliance. This 
documentation shall include descriptions of substitutes examined and 
rejected, processes or products in which the substitute is needed, 
reason for rejection of other alternatives, e.g., performance, 
technical or safety standards, and the anticipated date other 
substitutes will be available and projected time for switching to other 
available substitutes.'' (40 CFR 82.180(b)(3)).
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    \5\ Note that the definition of ``use'' includes ``but [is] not 
limited to use in a manufacturing process or product, in consumption 
by the end-user, or in intermediate uses, such as formulation or 
packaging for other subsequent uses''; hence, this definition 
includes the manufacture of a product pre-charged with or intended 
for a particular refrigerant. (40 CFR 82.172).
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1. Background on Retail Food Refrigeration--Medium-Temperature Stand-
Alone Units
    Retail food refrigeration is characterized by storing and 
displaying, generally for sale, food and beverages at different 
temperatures for different products (e.g., chilled and frozen food). 
Stand-alone units in retail food refrigeration (hereafter, ``stand-
alone units'') consist of refrigerators, freezers, and reach-in coolers 
(either open or with doors) where all refrigeration components are 
integrated and, for the smallest types, the refrigeration circuit is 
entirely brazed or welded. These systems are charged with refrigerant 
at the factory and typically require only an electricity supply to 
begin operation.
    For purposes of the SNAP program, medium-temperature stand-alone 
units maintain a temperature above 32 [deg]F (0 [deg]C). Most are 
typically designed to maintain products at temperatures roughly between 
32 [deg]F (0 [deg]C) and 41 [deg]F (5 [deg]C). EPA treats this as a 
separate end-use category from low-temperature stand-alone units 
designed to maintain products at temperatures roughly between -40 
[deg]F (-40 [deg]C) and 32 [deg]F (0 [deg]C) (i.e., freezers). In 
addition, the Agency considers equipment designed to make or process 
cold food and beverages that are dispensed via a nozzle, including 
soft-serve ice cream machines, ``slushy'' iced beverage dispensers, and 
soft-drink dispensers, to be a separate end-use category from stand-
alone units (refrigerated food processing and dispensing equipment). 
EPA has listed different substitutes as acceptable in these end-use 
categories based on the Agency's understanding of the availability of 
substitutes able to meet the technical and regulatory requirements for 
each equipment type and temperature range. For example, EPA listed R-
448A, R-449A and R-449B as acceptable in low-temperature stand-alone 
units and in refrigerated food processing and dispensing equipment (80 
FR 42053, July 16, 2015; 81 FR 70029, October 11, 2016). Whereas EPA 
listed R-290 (propane) as acceptable subject to use conditions in 
stand-alone units, both medium-temperature and low-temperature (76 FR 
78832, December 20, 2011), the Agency has not listed it for 
refrigerated food processing and dispensing equipment. Acceptable 
substitutes for medium-temperature stand-alone units include ammonia 
vapor compression with secondary loop, R-744 (carbon dioxide or 
CO2), R-290, R-441A, R-450A, R-513A, and R-600a (isobutane), 
among others.
    In the 2015 Rule, EPA changed the listing of 31 refrigerants \6\ 
from acceptable to unacceptable for medium temperature stand-alone 
units. At that time, EPA indicated that it believed that other 
alternatives that posed lower risk were available for this end use. As 
part of a petition from the Air-Conditioning, Heating, and 
Refrigeration Institute (AHRI),\7\ described in section 3 below, EPA 
received information indicating that manufacturers were unable to 
design certain types of medium-temperature stand-alone equipment with 
the available acceptable alternatives. AHRI explained that due to the 
thermodynamic properties of the available alternatives, equipment would 
need to be redesigned using larger components. Because these components 
are located at the bottom of the unit, the larger size would lead to 
designs where the refrigerated product would be placed too high to 
comply with countertop height requirements of the Americans with 
Disabilities Act (ADA), or would be too wide such that it protruded 
into aisles and likewise conflicted with ADA requirements.
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    \6\ Specifically, FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, 
R125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-
407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-
422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-
438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), 
SP34E, and THR-03.
    \7\ AHRI, 2017. Petition Requesting EPA SNAP Approval of R-448A/
449A/449B for Medium Temperature, Stand-Alone Retail Food 
Refrigeration Equipment. Submitted March 20, 2017.
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2. What are R-448A, R-449A and R-449B and how do they compare to other 
refrigerants in the same end-use?
    R-448A, marketed under the trade name Solstice[supreg] N-40, is a 
weighted blend of 26 percent HFC-32, which is also known as 
difluoromethane (Chemical Abstracts Service Registry Number [CAS Reg. 
No.] 75-10-5); 26 percent HFC-125, which is also known as 1,1,1,2,2-
pentafluoroethane (CAS Reg. No. 354-33-6); 21 percent HFC-134a, which 
is also known as 1,1,1,2-tetrafluoroethane (CAS Reg. No. 811-97-2); 20 
percent HFO-1234yf, which is also known as 2,3,3,3-tetrafluoroprop-1-
ene (CAS Reg. No. 754-12-1); and seven percent HFO-1234ze(E), which is 
also known as trans-1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118-
24-9). R-449A, marketed under the trade name Opteon[supreg] XP 40, is a 
weighted blend of 24.3 percent HFC-32, 24.7 percent HFC-125, 25.7 
percent HFC-134a, and 25.3 percent HFO-1234yf. R-449B, marketed under 
the trade name Forane[supreg] 449B, is a weighted blend of 25.2 percent 
HFC-32, 24.3 percent HFC-125, 27.3 percent HFC-134a, and 23.2 percent 
HFO-1234yf.
    EPA previously listed R-448A, R-449A, and R-449B as acceptable 
refrigerants in a number of other refrigeration and air conditioning 
end-uses, including other retail food refrigeration end-use categories 
(e.g., 80 FR 42053, July 16, 2015; 81 FR 70029, October 11, 2016; 82 FR 
33809, July 21, 2017; 83 FR 50026, October 4, 2018; 84 FR 64765, 
November 25, 2019).
    Redacted submissions and supporting documentation for R-448A, R-
449A, and R-449B are provided in the docket for this proposed rule 
(EPA-HQ-OAR-2019-0698) at https://www.regulations.gov. EPA performed an 
assessment to examine the health and environmental risks of each of 
these substitutes. These assessments are available in the docket for 
this proposed rule.8 9 10
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    \8\ ICF, 2020a. Risk Screen on Substitutes in Retail Food 
Refrigeration (Medium-temperature Stand-alone Units) (New 
Equipment); Substitute: R-448A.
    \9\ ICF, 2020b. Risk Screen on Substitutes in Retail Food 
Refrigeration (Medium-temperature Stand-alone Units) (New 
Equipment); Substitute: R-449A.
    \10\ ICF, 2020c. Risk Screen on Substitutes in Retail Food 
Refrigeration (Medium-temperature Stand-alone Units) (New 
Equipment); Substitute: R-449B.
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    Environmental information: R-448A, R-449A, and R-449B have an ozone 
depletion potential (ODP) of zero.\11\

[[Page 35878]]

Their components, HFC-32, HFC-125, HFC-134a, HFO-1234yf, and in the 
case of R-448A, HFO-1234ze(E), have global warming potentials (GWPs) of 
675; 3,500; 1,430; \12\ one to four; 13 14 and one to six; 
\15\ respectively. HFC-32 (CAS Reg. No. 75-10-5), HFC-125 (CAS Reg. No. 
354-33-6), HFC-134a (CAS Reg. No. 811-97-2), HFO-1234yf (CAS Reg. No. 
754-12-1) and HFO-1234ze(E) (CAS Reg. No. 29118-24-9)--the components 
of R-448A, R-449A, and R-449B--are excluded from the definition of 
volatile organic compounds (VOC) under CAA regulations (see 40 CFR 
51.100(s)) addressing the development of state implementation plans 
(SIPs) to attain and maintain the national ambient air quality 
standards (NAAQS). Knowingly venting or otherwise knowingly releasing 
or disposing of these refrigerant blends in the course of maintaining, 
servicing, repairing or disposing of an appliance or industrial process 
refrigeration is prohibited as provided in section 608(c)(2) of the CAA 
and EPA's regulations at 40 CFR 82.154(a)(1).
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    \11\ If a compound contains no chlorine, bromine, or iodine, or 
if it is a solid under conditions of use, its ODP is generally 
considered to be zero. Unless otherwise stated, all non-zero ODPs in 
this document are from EPA's regulations at appendix A to subpart A 
of 40 CFR part 82.
    \12\ Unless otherwise specified, GWP values are from IPCC (2007) 
Climate Change 2007: The Physical Science Basis. Contribution of 
Working Group I to the Fourth Assessment Report of the 
Intergovernmental Panel on Climate Change. S. Solomon, D. Qin, M. 
Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller 
(eds.). Cambridge University Press. Cambridge, United Kingdom 996 
pp.
    \13\ Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S., Sulbaek 
Andersen, M.P., Hurley, M.D., Wallington, T.J., Singh, R. 2007. 
Atmospheric chemistry of CF3CF=CH2: Kinetics 
and mechanisms of gas-phase reactions with Cl atoms, OH radicals, 
and O3. Chemical Physics Letters 439, 18-22. Available 
online at http://www.cogci.dk/network/OJN_174_CF3CF=CH2.pdf.
    \14\ Hodnebrog [Oslash]. et al., 2013. Hodnebrog [Oslash]., 
Etminan, M., Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen, 
C.J., Shine, K.P., Wallington, T.J.: Global Warming Potentials and 
Radiative Efficiencies of Halocarbons and Related Compounds: A 
Comprehensive Review, Reviews of Geophysics, 51, 300-378, 
doi:10.1002/rog.20013, 2013.
    \15\ Hodnebrog [Oslash]. et al., 2013 and Javadi et al., 2008. 
M.S. Javadi, R. S[oslash]ndergaard, O.J. Nielsen, M.D. Hurley, and 
T.J. Wellington, 2008. Atmospheric chemistry of trans-
CF3CH=CHF: products and mechanisms of hydroxyl radical 
and chlorine atom-initiated oxidation. Atmospheric Chemistry and 
Physics Discussions 8, 1069-1088, 2008.
---------------------------------------------------------------------------

    Flammability information: R-448A, R-449A, and R-449B as formulated, 
and even considering the worst-case fractionation for flammability, are 
not flammable.
    Toxicity and exposure data: Potential health effects of exposure to 
these substitutes include drowsiness or dizziness. The substitutes may 
also irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, the substitutes may cause irregular heartbeat. The 
substitutes could cause asphyxiation if air is displaced by vapors in a 
confined space. These potential health effects are common to many 
refrigerants.
    The American Industrial Hygiene Association (AIHA) has established 
workplace environmental exposure limits (WEELs) of 1,000 parts per 
million (ppm) as an eight hour time-weighted average (8-hr TWA) for 
HFC-32, HFC-125, and HFC-134a, and 500 ppm for HFO-1234yf, the 
components of R-448A, R-449A, and R-449B; and 800 ppm for HFO-
1234ze(E), also a component of R-448A. The manufacturer of R-448A 
recommends an acceptable exposure limit (AEL) of 890 ppm on an 8-hr TWA 
for the blend. The manufacturer of R-449A recommends an AEL of 830 ppm 
on an 8-hr TWA for the blend. The manufacturer of R-449B recommends an 
AEL of 865 ppm on an 8-hr TWA for the blend. EPA anticipates that users 
will be able to meet the AIHA WEELs and manufacturers' AELs and address 
potential health risks by following requirements and recommendations in 
the manufacturers' safety data sheets (SDS), in American Society of 
Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 
Standard 15, and other safety precautions common to the refrigeration 
and air conditioning industry.
    Comparison to other substitutes in this end-use: R-448A, R-449A, 
and R-449B have ODPs of zero, comparable to or lower than other 
acceptable substitutes in this end-use, with ODPs ranging from zero to 
0.098.
    R-448A's GWP of 1,390, R-449A's GWP of 1,400, and R-449B's GWP of 
1,410 are higher than those of other acceptable substitutes for retail 
food refrigeration--medium-temperature stand-alone units (new), 
including ammonia absorption, R-744, R-450A, and R-513A with GWPs 
ranging from zero to 630.
    Information regarding the flammability and toxicity of other 
available alternatives are provided in the listing decisions previously 
made (see https://www.epa.gov/snap/substitutes-stand-alone-equipment). 
Flammability and toxicity risks are comparable to or lower than 
flammability and toxicity risks of other available substitutes in the 
same end-use. Toxicity risks can be minimized by use consistent with 
ASHRAE 15 and other industry standards, recommendations in the 
manufacturers' safety data sheet (SDS), and other safety precautions 
common in the refrigeration and air conditioning industry.
    Although R-448A, R-449A, and R-449B present a higher overall risk 
to human health and the environment than other acceptable alternatives 
in this end-use category based on significantly higher GWPs than other 
available alternatives, with GWPs ranging from zero (ammonia in a 
secondary loop) to 630 (R-513A), as provided below, information 
suggests that other alternatives may not be available for certain uses 
and users of medium-temperature stand-alone equipment. Thus, EPA is 
proposing to list these substitutes as acceptable subject to narrowed 
use limits in this end-use. The manufacturers of new medium-temperature 
stand-alone equipment would need to demonstrate that the other 
alternatives are not technically feasible. They must document the 
results of their evaluation that showed the other alternatives to be 
not technically feasible and maintain that documentation in their 
files. This documentation, which does not need to be submitted to EPA 
unless requested to demonstrate compliance, ``shall include 
descriptions of substitutes examined and rejected, processes or 
products in which the substitute is needed, reason for rejection of 
other alternatives, e.g., performance, technical or safety standards, 
and the anticipated date other substitutes will be available and 
projected time for switching to other available substitutes.'' (40 CFR 
82.180(b)(3)).
3. Summary of AHRI Petition
    AHRI petitioned EPA under CAA section 612(d) to add R-448A, R-449A, 
and R-449B to the list of acceptable substitutes for new and retrofit 
medium-temperature stand-alone units. See 40 CFR 82.184 for further 
information regarding petitions under the SNAP program. EPA and AHRI 
have exchanged information related to this petition between March 2017 
and November 2018. Although we are not formally responding to the AHRI 
petition or deeming it ``complete'' in this proposed rulemaking, some 
of the information received as part of this petition is relevant to the 
proposed listing, as discussed below, and EPA's action in this 
rulemaking may be considered responsive to certain aspects of this 
petition, given that EPA is proposing to list R-448A, R-449A, and R-
449B as acceptable, subject to narrowed use limits, in new medium-
temperature stand-alone units.
    In its petition, AHRI raised claims that refrigerants currently 
listed as acceptable are not available for use in all types of 
equipment within this end-use category. AHRI's petition addressed

[[Page 35879]]

five key points. First, AHRI claims, based on their members' experience 
in the industry, that the use of these three refrigerants compared to 
the acceptable alternatives is simpler based on their members' 
experience and knowledge and on the equipment efficiency and component 
supply borne out of EPA's listing of these refrigerants in low-
temperature stand-alone units and other end-use categories. However, 
EPA notes that it does not consider the simplicity of designing 
equipment to be part of the SNAP criteria. In fact, manufacturer 
literature 16 17 18 19 20 shows that there are some medium-
temperature stand-alone units available with the acceptable 
alternatives, indicating that at least for some products and some 
manufacturers, any complexity issues with designing such equipment have 
been resolved.
---------------------------------------------------------------------------

    \16\ CCAC, 2012. Technology Forum on Climate Friendly 
Alternatives in Commercial Refrigeration. Meeting Summary. 8 
December 2012.
    \17\ Coca-Cola, 2014. Coca-Cola Installs 1 Millionth HFC-Free 
Cooler Globally, Preventing 5.25MM Metric Tons of CO2, January 22, 
2014.
    \18\ Shecco, 2013a. HCs Gaining Market Prominence in US--View 
from the NAFEM Show--Part 1, February 18, 2013.
    \19\ Shecco, 2013b. HCs Gaining Market Prominence in US--View 
from the NAFEM Show--Part 2, February 25, 2013.
    \20\ Shecco, 2015. New Regulations Inspire Hydrocarbon Displays 
at U.S. NAFEM Show, February 24, 2015.
---------------------------------------------------------------------------

    Second, AHRI claims that the available alternatives are not able to 
meet the U.S. Department of Energy (DOE) Energy Conservation Standards 
for Commercial Refrigeration Equipment (79 FR 17725, March 28, 2014), 
which have a compliance date of March 27, 2017, for some equipment 
types. AHRI also indicates there is a lack of components designed for 
R-290 for capacities between 3,000 and 12,000 million British thermal 
units per hour (MBtu/hour), which preclude that alternative's use in 
larger stand-alone units, especially those with open cases (i.e., no 
doors). They also state that the 150-gram limit established by EPA as a 
use condition for R-290 leads to needing multiple smaller compressor 
systems for such larger equipment, which requires more space to house 
and leads to equipment designs that would not comply with the ADA. 
Further to the point of ADA compliance, AHRI indicates that the 
thermodynamic properties of the other alternatives (such as R-450A and 
R-513A) are such that larger components are needed to achieve the same 
amount of cooling, and that these larger components lead to designs 
conflicting with requirements of the ADA such as counter height. AHRI 
provided information (see presentation titled ``AHRI Petition for SNAP 
Approval of R-448A, R-449A&B In Medium Temperature Stand-Alone 
Commercial Refrigeration Equipment'' in Docket EPA-HQ-OAR-2019-0698) 
that evaluated the capacity and efficiency of relevant equipment using 
R-450A and R-513A, two acceptable alternatives, and for R-448A, R-449A 
and R-449B. In the larger units (1 horsepower and above), their results 
showed 6% to 29% lower capacities with the two acceptable alternatives 
compared to R-404A, while R-448A, R-449A and R-449B showed capacities 
up to 7% better compared to R-404A. This information suggests that 
certain equipment configurations would require significantly larger 
refrigeration equipment that could jeopardize compliance with ADA for 
those types of equipment.
    Regarding the efficiency standards, EPA previously noted that 
medium-temperature stand-alone units would fall under a classification 
ending in .SC.M within the DOE regulations (80 FR 42902, July 20, 
2015). Several codes could precede .SC.M to indicate the unit design 
(e.g., horizontal or vertical, open or with doors). As also discussed 
in that rule, ``EPA does not have a practice in the SNAP program of 
including . . . energy efficiency in the overall risk analysis. We do 
consider issues such as technical needs for energy efficiency (e.g., to 
meet DOE standards) in determining whether alternatives are 
`available.' '' However, EPA also explained ``that the refrigerant is 
only one of many factors affecting energy efficiency. Moreover, even as 
refrigerant transitions have taken place over past decades, we have 
seen improved energy efficiency. This is often due to equipment 
redesigns and technology advancements that include factors besides the 
choice of refrigerant.'' (80 FR 42946, July 20, 2015). Therefore, for 
this proposed rule, EPA is not basing our proposed listing decision on 
energy efficiency, although the Agency has previously indicated that an 
analysis of equipment performance could be part of the evaluation 
required to use R-448A, R-449A, and R-449B under the proposed narrowed 
use limit.
    Third, AHRI indicates that a design alternative--reconfiguring 
stand-alone units into remote condensing units--would likely lead to 
higher emissions. EPA listed R-448A, R-449A and R-449B as acceptable 
for remote condensing units (80 FR 42053, July 16, 2015; 81 FR 70029, 
October 11, 2016). The choice of using such a design alternative, 
however, is not germane to this proposal, which is evaluating the use 
of these refrigerants in medium-temperature stand-alone equipment. 
Therefore, for this proposed rule, EPA is not basing our proposed 
listing decision on the fact that such a design alternative exists.
    Fourth, AHRI notes that some equipment is designed to meet both 
low- and medium-temperature conditions, requiring more complex designs 
with a risk of refrigerant cross-contamination if R-448A, R-449A, or R-
449B was used for the low-temperature range but was not acceptable for 
the medium-temperature range. As explained above, the complexity of 
designing equipment is not part of the SNAP review criteria.
    Fifth, AHRI claims that the cost to redesign equipment to an 
acceptable refrigerant like R-450A or R-513A would be high. EPA noted 
in the 2015 Rule that only certain elements of cost are part of the 
SNAP criteria. We stated that ``under the SNAP criteria for review in 
40 CFR 82.180(a)(7), the only cost information that EPA considers as 
part of its SNAP review is the cost of the substitute under review.'' 
(80 FR 42898, July 15, 2015). Because the cost to redesign equipment is 
not part of the SNAP criteria, EPA is not basing our proposed listing 
decision on such costs.
4. What is EPA proposing for R-448A, R-449A and R-449B?
    EPA understands that to construct certain medium-temperature stand-
alone units with the available acceptable refrigerants would require 
significantly larger components, or the addition of multiple 
refrigeration systems, which may lead to redesigning the units in such 
a manner that could be inconsistent with the ADA requirements. AHRI 
specifically pointed to R-448A, R-449A, and R-449B as refrigerants that 
would, on the contrary, be feasible in such equipment and requested 
that those refrigerants be added to the list of acceptable refrigerants 
for new medium-temperature stand-alone units.
    Given the concern about designing equipment capable of complying 
with ADA requirements, EPA is proposing to list R-448A, R-449A, and R-
449B as acceptable, subject to narrowed use limits, for this end-use 
category. Users, including manufacturers, using a substitute listed as 
acceptable, subject to narrowed use limits, must ascertain that other 
substitutes or alternatives are not technically feasible. As explained 
in the initial SNAP rulemaking (59 FR 13063, March 18, 1994), under the 
narrowed use limit, ``Users are expected to undertake a thorough 
technical investigation of alternatives before implementing the 
otherwise restricted substitute'' (i.e., R-448A, R-449A or R-

[[Page 35880]]

449B for this proposal). Further, ``[t]he Agency expects users to 
contact vendors of alternatives to explore with experts whether or not 
other acceptable substitutes are technically feasible for the process, 
product or system in question'' (i.e., in new medium-temperature stand-
alone units for this proposal) to the otherwise restricted substitute. 
The initial SNAP rule also explained that ``[a]lthough users are not 
required to report the results of their investigations to EPA, 
companies must document these results, and retain them in company files 
for the purpose of demonstrating compliance'' for up to five years 
after the date of creation of the records. In this circumstance, 
``users'' would generally be considered the manufacturers producing 
medium temperature stand-alone equipment using one of these three 
substitutes. This information includes descriptions of:
     Process or product in which the substitute is needed;
     Substitutes examined and rejected;
     Reason for rejection of other alternatives, e.g., 
performance, technical or safety standards; and/or
     Anticipated date other substitutes will be available and 
projected time for switching.
    An example of a viable explanation under a narrowed use limit 
should include information such as a market analysis of the components 
for other alternatives that indicate a lack of availability in the 
required sizes or with required features, or design diagrams that 
indicate excessive loss of refrigerated volumes or failure to meet ADA 
requirements.
    At this time, EPA does not have sufficient information indicating 
that there is any other basis that would preclude use of other 
available alternatives. Regarding AHRI's concerns about the cost of 
redesigning equipment to use the currently acceptable alternatives, as 
explained in previous rulemakings referenced above, EPA does not 
consider the cost of transitioning to alternatives in making listing 
decisions. In addition, the fact, on its own, that designs using a 
safer alternative may be more complex is not a sufficient basis to list 
a substitute that poses greater risk as acceptable. EPA is taking 
comment on the proposed listings as well as the specific narrowed use 
limits discussed above.

B. Residential and Light Commercial Air Conditioning and Heat Pumps--
Proposed Listing of R-452B, R-454A, R-454B, R-454C, and R-457A as 
Acceptable, Subject to Use Conditions, for use in Residential and Light 
Commercial Air Conditioning and Heat Pumps End-Use for New Equipment; 
and R-32 as Acceptable, Subject to Use Conditions, for Use in 
Residential and Light Commercial Air Conditioning and Heat Pumps--
Equipment Other Than Self-Contained Room Air Conditioners, for New 
Equipment

    EPA previously listed R-32 as acceptable subject to use conditions 
as a substitute in residential and light commercial air conditioning 
and heat pumps for self-contained room air conditioners, including 
packaged terminal air conditioners (PTACs), packaged terminal heat 
pumps (PTHPs), window AC units, portable room AC equipment, and wall-
mounted self-contained ACs (80 FR 19454, April 10, 2015).\21\ This 
proposed rulemaking is proposing to find R-32 acceptable, subject to 
use conditions, for self-contained ACs that are typically larger than 
room-size (e.g. rooftop units, water-source heat pumps, and ground-
source heat pumps) and split systems, as explained below, which are 
part of the residential and light commercial air conditioning and heat 
pump end-use. For convenience, in this proposed rule we discuss the 
proposed listing decision for R-32 together with the proposed decision 
for R-452B, R-454A, R-454B, R-454C, and R-457A (hereafter called ``the 
five refrigerant blends'') but we note here that this proposed decision 
for R-32 is not a proposal to revisit or modify the existing acceptable 
subject to use conditions listing for R-32 for self-contained room air 
conditioners.
---------------------------------------------------------------------------

    \21\ In this proposed rule, we use the term ``air conditioner'' 
and ``AC'' to cover equipment that cools air, heats air, or has the 
function to do both (typically referred to as a ``heat pump''). 
While such equipment might humidify or dehumidify the air, the term 
does not include equipment whose purpose is for latent cooling only 
(i.e., dehumidifiers), which are a separate end-use under SNAP.
---------------------------------------------------------------------------

    EPA proposes to list the five refrigerant blends (i.e., R-452B, R-
454A, R-454B, R-454C, and R-457A) as acceptable subject to use 
conditions as substitutes in residential and light commercial air 
conditioning and heat pumps for both self-contained and split systems 
and R-32 as acceptable subject to use conditions in residential and 
light commercial air conditioning and heat pumps for split systems and 
for specific types of self-contained systems that are part of the 
residential and light commercial air conditioning and heat pump end-use 
but for which R-32 has not been previously listed.
    EPA proposes the following use conditions:
    (1) UL Standard--These refrigerants may be used only in AC 
equipment, both self-contained equipment and split-systems, that meet 
all requirements listed in the 3rd edition, dated November 1, 2019, of 
Underwriters Laboratories (UL) Standard 60335-2-40, ``Household And 
Similar Electrical Appliances--Safety--Part 2-40: Particular 
Requirements for Electrical Heat Pumps, Air Conditioners and 
Dehumidifiers'' (UL Standard). If this rule is finalized as proposed, 
in cases where the final rule would include requirements different than 
those of the 3rd edition of UL Standard 60335-2-40, the appliance would 
need to meet the requirements of the final rule in place of the 
requirements in the UL Standard. See section II.B.4 of the preamble for 
further discussion on the requirements of this standard that EPA is 
proposing to incorporate by reference.
    (2) New equipment only--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.
    (3) Warning labels--The following markings, or the equivalent, must 
be provided in letters no less than 6.4 mm (\1/4\ inch) high and must 
be permanent:
    (a) On the outside of the air conditioning equipment: ``WARNING--
Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By 
Trained Service Personnel. Do Not Puncture Refrigerant Tubing''
    (b) On the outside of the air conditioning equipment: ``WARNING--
Risk of Fire. Dispose of Properly In Accordance With Federal Or Local 
Regulations. Flammable Refrigerant Used''
    (c) On the inside of the air conditioning equipment near the 
compressor: ``WARNING--Risk of Fire. Flammable Refrigerant Used. 
Consult Repair Manual/Owner's Guide Before Attempting to Service This 
Product. All Safety Precautions Must be Followed''
    (d) For any equipment pre-charged at the factory, on the equipment 
packaging: ``WARNING--Risk of Fire due to Flammable Refrigerant Used. 
Follow Handling Instructions Carefully in Compliance with National 
Regulations''
    (e) On the indoor unit \22\ near the nameplate:
---------------------------------------------------------------------------

    \22\ This labeling is required for split systems and self-
contained equipment alike.

---------------------------------------------------------------------------

[[Page 35881]]

    a. At the top of the marking: ``Minimum Installation height, X m (W 
ft)''. This marking is only required if the similar marking is required 
by the 3rd edition of UL 60335-2-40. The terms ``X'' and ``W'' shall be 
replaced by the numeric height as calculated per the UL Standard. Note 
that the formatting here is slightly different than the UL Standard; 
specifically, the height in Inch-Pound units is placed in parentheses 
and the word ``and'' has been replaced by the opening parenthesis.
    b. Immediately below (a) above or at the top of the marking if (a) 
is not required: ``Minimum room area (operating or storage), Y m\2\ (Z 
ft\2\)''. The terms ``Y'' and ``Z'' shall be replaced by the numeric 
area as calculated per the UL Standard. Note that the formatting here 
is slightly different than the UL Standard; specifically, the area in 
Inch-Pound units is placed in parentheses and the word ``and'' has been 
replaced by the opening parenthesis.
    (f) For non-fixed equipment, including portable air conditioners, 
window air conditioners, packaged terminal air conditioners and 
packaged terminal heat pumps, on the outside of the product: 
``WARNING--Risk of Fire or Explosion--Store in a well-ventilated room 
without continuously operating flames or other potential ignition.''
    (g) For fixed equipment, including rooftop units and split air 
conditioners, ``WARNING--Risk of Fire--Auxiliary devices which may be 
ignition sources shall not be installed in the ductwork, other than 
auxiliary devices listed for use with the specific appliance. See 
instructions.''
    (4) Markings--Equipment must have distinguishing red 
(Pantone[supreg] Matching System (PMS) #185 or RAL 3020) color-coded 
hoses and piping to indicate use of a flammable refrigerant. The air 
conditioning equipment shall have marked service ports, pipes, hoses 
and other devices through which the refrigerant is serviced. Markings 
shall extend at least 1 inch (25mm) from the servicing port and shall 
be replaced if removed.
    The regulatory text of the proposed decisions appears in tables at 
the end of this document. If finalized as proposed, this text would be 
codified in appendix W of 40 CFR part 82 subpart G. The proposed 
regulatory text contains listing decisions for the end-uses discussed 
above. EPA notes that there may be other legal obligations pertaining 
to the manufacture, use, handling, and disposal of the proposed 
refrigerants that are not included in the information listed in the 
tables (e.g., the CAA section 608(c)(2) prohibition on knowingly 
venting or otherwise knowingly releasing or disposing of substitute 
refrigerants in the course of maintaining, servicing, repairing or 
disposing of an appliance or industrial process refrigeration, or 
Department of Transportation requirements for transport of flammable 
gases). Mildly flammable refrigerants being recovered or otherwise 
disposed of from residential and light commercial air conditioning 
appliances are likely to be hazardous waste under the Resource 
Conservation and Recovery Act (RCRA) (see 40 CFR parts 260-270).
1. Background on Residential and Light Commercial Air Conditioning and 
Heat Pumps
    The residential and light commercial air conditioning and heat 
pumps end-use includes equipment for cooling air in individual rooms, 
in single-family homes, and in small commercial buildings. Heat pumps 
are equipment types that heat, or have the option to either cool or 
heat, air for such locations. 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. This end-use includes both self-contained and split 
systems. Self-contained systems include some rooftop AC units (e.g., 
those ducted to supply conditioned air to multiple spaces) and many 
types of room ACs, including PTACs, PTHPs, some rooftop AC units, 
window AC units, portable room AC units, and wall-mounted self-
contained ACs, designed for use in a single room. Split systems include 
ducted and non-ducted mini-splits (which might also be designed for use 
in a single room), multi-splits and variable refrigerant flow (VRF) 
systems, and ducted unitary splits. Water-source and ground-source heat 
pumps often are packaged systems similar to the self-contained 
equipment described above but could be applied with the condenser 
separated from the other components similar to split systems. 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.
     Multi-split air conditioners and heat pumps. 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. Non-ducted multi-splits provide cooled or 
heated air directly from the indoor unit rather than providing the air 
through ducts.
     Mini-split air conditioners and heat pumps. 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. 
Non-ducted mini-splits provide cooled or heated air directly from the 
indoor unit rather than being carried through ducts.
     Rooftop AC units. These are units that combine the 
compressor, condenser and evaporator in a single package and may 
contain additional components for filtration and dehumidification. Most 
units also include dampers to control air intake. Rooftop AC units cool 
or heat outside air that is then delivered to the space directly 
through the ceiling or through a duct network. Rooftop AC units are 
common in small commercial buildings such as a single store in a mall 
with no indoor passageways between stores (i.e., a ``strip-mall''). 
They can also be set up in an array to provide cooling or heating 
throughout a larger commercial establishment such as a department store 
or supermarket.
     Window air conditioners. These are self-contained units 
that fit in a window with the condenser extending outside the window.
     PTACs and PTHPs. These are self-contained units that 
consist of a separate, un-encased combination of heating and cooling 
assemblies mounted through a wall. PTACs and PTHPs are intended for use 
in a single room and use no ducts to carry cooled air and no external 
refrigerant lines. Typical applications include motel or dormitory air 
conditioners.
     Portable room air conditioners. These are self-contained 
units that are designed to be moved easily from room to room, usually 
having wheels. They may contain an exhaust hose that can be placed 
through a window or door to eject heat to the outside.
     Water-source heat pumps (WSHPs) and ground-source heat 
pumps (GSHPs). These are similar to unitary split systems except that 
heat is ejected (when in cooling mode) from the condenser through a 
second circuit rather than directly with outside air. The second 
circuit transfers the heat to the ground, ground water, or another body 
of water such as a lake using water, or a brine could be used if 
temperatures would risk freezing. Some systems can perform heating in a 
similar matter with the refrigerant circuit

[[Page 35882]]

running in reverse; regardless, the term ``heat pump'' is most often 
used.
    All of these types of air conditioning equipment would be subject 
to the listing decisions under this rule for the identified substitutes 
if those decisions become final.\23\
---------------------------------------------------------------------------

    \23\ As noted above, self-contained room air conditioners using 
R-32 would not be affected by this proposed rule.
---------------------------------------------------------------------------

    Of these types of equipment, window air conditioners, PTACs, PTHPs, 
rooftop AC units, portable room air conditioners, and often GSHPs and 
WSHPs are self-contained equipment with the condenser, compressor, 
evaporator, and tubing all within casing in a single unit. 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. These types of air conditioning 
equipment--both self-contained and split systems--all fall under the 
scope of the UL 60335-2-40 standard ``Household And Similar Electrical 
Appliances--Safety--Part 2-40: Requirements for Electrical Heat Pumps, 
Air Conditioners and Dehumidifiers.''
2. What are the ASHRAE classifications for refrigerant flammability?
    The American National Standards Institute/American Society of 
Heating, Refrigerating and Air Conditioning Engineers (ANSI/ASHRAE) 
Standard 34-2019 assigns a safety group classification for each 
refrigerant which consists of two to three alphanumeric characters 
(e.g., A2L or B1). The initial capital letter indicates the toxicity 
and the numeral denotes the flammability. ASHRAE classifies Class A 
refrigerants as refrigerants for which toxicity has not been identified 
at concentrations less than or equal to 400 ppm by volume, based on 
data used to determine threshold limit value-time-weighted average 
(TLV-TWA) or consistent indices. Class B signifies refrigerants for 
which there is evidence of toxicity at concentrations below 400 ppm by 
volume, based on data used to determine TLV-TWA or consistent indices.
    The refrigerants are also assigned a flammability classification of 
1, 2, 2L, or 3. Tests for flammability are conducted in accordance with 
American Society for Testing and Materials (ASTM) E681 using a spark 
ignition source at 140 [deg]F (60 [deg]C) and 14.7 psia (101.3 
kPa).\24\ The flammability classification ``1'' is given to 
refrigerants that, when tested, show no flame propagation. The 
flammability classification ``2'' is given to refrigerants that, when 
tested, exhibit flame propagation, have a heat of combustion less than 
19,000 kJ/kg (8,169 Btu/lb), and have a lower flammability limit (LFL) 
greater than 0.10 kg/m\3\. The flammability classification ``2L'' is 
given to refrigerants that, when tested, exhibit flame propagation, 
have a heat of combustion less than 19,000 kJ/kg (8,169 BTU/lb), have 
an LFL greater than 0.10 kg/m\3\, and have a maximum burning velocity 
of 10 cm/s or lower when tested at in dry air at 73.4 [deg]F (23.0 
[deg]C) and 14.7 psia (101.3 kPa). The flammability classification 
``3'' is given to refrigerants that, when tested, exhibit flame 
propagation and that either have a heat of combustion of 19,000 kJ/kg 
(8,169 BTU/lb) or greater or have an LFL of 0.10 kg/m\3\ or lower.
---------------------------------------------------------------------------

    \24\ ASHRAE, 2019. ANSI/ASHRAE Standard 34-2019: Designation and 
Safety Classification of Refrigerants.
---------------------------------------------------------------------------

    For flammability classifications, refrigerant blends are designated 
based on the worst case of formulation for flammability and the worst 
case of fractionation for flammability determined for the blend.
[GRAPHIC] [TIFF OMITTED] TP12JN20.030

    Using these safety group classifications, ANSI/ASHRAE Standard 34-
2019 categorizes R-32 and the five refrigerant blends in this section 
of the proposed rulemaking in the A2L Safety Group.
3. What are R-32, R-452B, R-454A, R-454B, R-454C and R-457A and how do 
they compare to other refrigerants in the same end-use?
    R-32 is a mildly flammable refrigerant, and the five refrigerant 
blends are mildly flammable refrigerant blends, all with an ASHRAE 
safety classification of A2L. The respective CAS Reg. Nos. of R-32 and 
the components of the five refrigerant blends are listed below.
    R-32 is also known as HFC-32 or difluoromethane (CAS Reg. No. 75-
10-5). EPA previously listed R-32 as an acceptable refrigerant for some 
types of residential and light commercial air conditioning and heat 
pumps end-use categories, specifically self-contained

[[Page 35883]]

room air conditioners such as window units. PTACs, PTHPs, portable room 
AC, and wall-mounted AC (80 FR 19454, April 10, 2015). As noted above, 
this proposal would add a listing for this substitute to include 
rooftop units, GSHPs and WSHPs, which are typically self-contained but 
not sized for a single room, and various types of split systems.
    R-452B, also known by the trade name ``OpteonTM XL 55,'' 
and also known as ``Solstice[supreg] L41y,'' is a mildly flammable 
blend consisting of 67 percent by weight HFC-32; seven percent HFC-125, 
also known as 1,1,1,2,2-pentafluoroethane (CAS Reg. No. 354-33-6); and 
26 percent HFO-1234yf, also known as 2,3,3,3-tetrafluoroprop-1-ene (CAS 
Reg. No. 754-12-1). R-454A, also known by the trade name 
``OpteonTM XL 40,'' is a mildly flammable blend consisting 
of 35 percent HFC-32 and 65 percent HFO-1234yf. R-454B, also known by 
the trade names ``OpteonTM XL 41'' and ``Puron 
AdvanceTM,'' is a mildly flammable blend consisting of 68.9 
percent HFC-32 and 31.1 percent HFO-1234yf. R-454C, also known by the 
trade name ``OpteonTM XL 20,'' is a mildly flammable blend 
consisting of 21.5 percent HFC-32 and 78.5 percent HFO-1234yf. R-457A, 
also known by the trade name ``Forane[supreg] 457A,'' is a mildly 
flammable blend consisting of 70 percent HFO-1234yf, 18 percent HFC-32, 
and 12 percent HFC-152a, which is also known as ethane, 1,1-difluoro 
(CAS Reg. No. 75-37-6).
    Redacted submissions and supporting documentation for R-32 and the 
five refrigerant blends are provided in the docket for this proposed 
rule (EPA-HQ-OAR-2019-0698) at https://www.regulations.gov. EPA 
performed an assessment to examine the health and environmental risks 
of each of these substitutes. These assessments are available in the 
docket for this proposed rule.25 26 27 28 29 30
---------------------------------------------------------------------------

    \25\ ICF, 2020d. Risk Screen on Substitutes in Residential and 
Light Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: HFC-32.
    \26\ ICF, 2020e. Risk Screen on Substitutes in Residential and 
Light Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-452B.
    \27\ ICF, 2020f. Risk Screen on Substitutes in Residential and 
Light Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-454A.
    \28\ ICF, 2020g. Risk Screen on Substitutes in Residential and 
Light Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-454B.
    \29\ ICF, 2020h. Risk Screen on Substitutes in Residential and 
Light Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-454C.
    \30\ ICF, 2020i. Risk Screen on Substitutes in Residential and 
Light Commercial Air-Conditioning and Heat Pumps; Substitute (New 
Equipment): R-457A.
---------------------------------------------------------------------------

    Environmental information: R-32 and the five refrigerant blends 
have ODPs of zero.
    R-32 has a GWP of 675. The five refrigerant blends are made up of 
the components HFC-32, HFC-125, HFO-1234yf and HFC-152a, which have 
GWPs of 675, 3,500, one to four, and 124, respectively.\31\ If these 
values are weighted by mass percentage, then R-452B, R-454A, R-454B, R-
454C and R-457A have GWPs of about 700, 240, 470, 150 and 140 
respectively.
---------------------------------------------------------------------------

    \31\ See section II.A.2 for sources of these GWP values.
---------------------------------------------------------------------------

    HFC-32, HFC-125, HFC-134a, HFC-152a, HFO-1234yf and HFO-1234ze(E)--
the components of the five refrigerant blends--and R-32 are excluded 
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. 
Knowingly venting or otherwise knowingly releasing or disposing of 
these refrigerants in the course of maintaining, servicing, repairing 
or disposing of an appliance or industrial process refrigeration is 
prohibited as provided in section 608(c)(2) of the CAA and EPA's 
regulations at 40 CFR 82.154(a)(1).
    Flammability information: R-32 and the five refrigerant blends are 
mildly flammable. All have an ASHRAE flammability classification of 2L.
    Toxicity and exposure data: Potential health effects of exposure to 
these substitutes include drowsiness or dizziness. The substitutes may 
also irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, the substitutes may cause irregular heartbeat. The 
substitutes could cause asphyxiation if air is displaced by vapors in a 
confined space. These potential health effects are common to many 
refrigerants.
    The AIHA has established WEELs of 1,000 ppm as an 8-hr TWA for HFC-
32 and the component refrigerants HFC-125 and HFC-152a; the AIHA has 
established a WEEL of 500 ppm as an 8-hr TWA for HFO-1234yf. The 
manufacturer of R-452B, R-454A, R-454B, and R-454C recommends AELs, 
respectively, of 874, 690, 854, and 615 ppm on an 8-hr TWA for these 
blends. EPA anticipates that users will be able to meet the AIHA WEEL 
and manufacturers' AELs and address potential health risks by following 
requirements and recommendations in the manufacturers' SDS, in ASHRAE 
Standard 15, and other safety precautions common to the refrigeration 
and air conditioning industry.
    Comparison to other substitutes in this end-use: R-32 and the five 
refrigerant blends all have an ODP of zero, the same as other 
acceptable substitutes in this end-use.
    R-32 and the five refrigerant blends' GWPs, ranging from 140 to 
700, are higher than some of the acceptable substitutes for residential 
and light commercial air conditioning and heat pumps, including ammonia 
absorption, R-290, and R-441A \32\ with GWPs ranging from zero to 
three. R-32 and the five refrigerant blends' GWPs are lower than some 
of the acceptable substitutes for residential and light commercial air 
conditioning and heat pumps, such as HFC-134a, R-410A, and R-507A with 
GWPs of 1,430, 2,090 and 3,990 respectively.
---------------------------------------------------------------------------

    \32\ R-290 and R-441A are only acceptable in new self-contained 
room air conditioning equipment, subject to use conditions.
---------------------------------------------------------------------------

    Information regarding the toxicity of other available alternatives 
are provided in the listing decisions previously made (see https://www.epa.gov/snap/substitutes-residential-and-light-commercial-air-conditioning-and-heat-pumps). Toxicity risks are comparable to or lower 
than toxicity risks of other available substitutes in the same end-use. 
Toxicity risks can be minimized by use consistent with ASHRAE 15 and 
other industry standards, recommendations in the manufacturers' SDS, 
and other safety precautions common in the refrigeration and air 
conditioning industry.
    Although flammability risk may be greater than flammability risks 
of other available substitutes in the same end-use, this risk can be 
minimized by use consistent with ASHRAE 15 and other industry standards 
such as UL 60335-2-40, recommendations in the manufacturers' SDS, and 
other safety precautions common in the refrigeration and air 
conditioning industry. EPA is proposing use conditions to reduce the 
potential risk associated with the flammability of these alternatives 
so that they will not pose significantly greater risk than other 
acceptable substitutes in this end-use.
4. Why is EPA proposing these specific use conditions?
    EPA is proposing to list the five refrigerant blends as acceptable, 
subject to use conditions, for use in the residential and light 
commercial air conditioning and heat pumps end-use for both self-
contained and splits systems for new equipment. EPA is also proposing 
to list R-32 as acceptable,

[[Page 35884]]

subject to use conditions, for use in the residential and light 
commercial air conditioning and heat pumps end use for split systems 
and certain types of self-contained equipment for new equipment. As 
explained above, EPA is not proposing to change the existing listing of 
R-32 as acceptable, subject to use conditions, in self-contained room 
ACs (e.g., window units, PTACs, PTHPs, portable room ACs, and wall-
mounted self-contained ACs). The use conditions are identified in the 
listing under subheading II.B, above, and are explained here in greater 
detail. The use conditions EPA proposes include conditions requiring 
use of each refrigerant in new equipment, which can be specifically 
designed for the refrigerant; use consistent with the UL 60335-2-40 
industry standard, including testing, charge sizes, ventilation, usage 
space requirements, and certain hazard warnings and markings; and 
revisions to the 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 mildly flammable refrigerants in a manner that will ensure 
they do not pose a greater overall risk to human health and the 
environment than other substitutes in this end-use. We seek comment on 
the proposed listings including the specific use conditions discussed 
below.
New Equipment Only; Not Intended for Use as a Retrofit Alternative
    EPA is proposing that these refrigerants may be used only in new 
equipment \33\ which has been 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. These 
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 if these flammable refrigerants were to be used in 
equipment that was designed for non-flammable refrigerants. Therefore, 
EPA is only proposing that these refrigerants may be used in new 
equipment which can be properly designed for their use.
---------------------------------------------------------------------------

    \33\ This is intended to mean a completely new refrigeration 
circuit containing a new compressor, evaporator, condenser and 
refrigerant tubing.
---------------------------------------------------------------------------

Standards
    EPA is proposing that the flammable refrigerants may be used only 
in equipment that meets all requirements in UL Standard 60335-2-40, 
Edition 3 for air conditioning equipment. This UL Standard indicates 
that refrigerant charges greater than a specific amount (called 
``m3'' in the UL Standard and based on the refrigerant's 
LFL) are beyond its scope and that national standards might apply, such 
as for instance ANSI/ASHRAE 15-2019. Because EPA has not evaluated such 
situations, this proposal only covers equipment that fits within the 
scope of the UL Standard.
    Those participating in the UL 60335-2-40 consensus standards 
process (hereafter ``UL'') have tested equipment for flammability risk 
in residential applications and evaluated the relevant scientific 
studies. Further, UL has developed safety standards including 
requirements for construction and system design, for markings, and for 
performance tests concerning refrigerant leakage, ignition of switching 
components, surface temperature of parts, and component strength after 
being scratched. Certain aspects of system construction and design, 
including charge size, ventilation, and installation space, and greater 
detail on markings, are discussed further below in this section. The UL 
60335-2-40 Standard was developed in an open and consensus-based 
approach, with the assistance of experts in the air conditioning 
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, we are proposing to rely on 
specific UL standards that are most applicable and recognized by the 
U.S. market. This approach is the same as that in our previous rules on 
flammable refrigerants (e.g. 76 FR 78832, December 20, 2011; 80 FR 
19454, April 10, 2015).
    A summary of the requirements of UL 60335-2-40 as they affect the 
refrigerants and end-use addressed in this section of our proposal 
follows. This summary is offered for information only and does not 
provide a complete review of the requirements in this standard.
    Among the provisions in UL 60335-2-40 are limits on the amount of 
refrigerant allowed in each type of appliance based on several factors 
explained in that standard. The requirements in UL 60335-2-40 would 
reduce the risk to workers and consumers.
    The limitations on refrigerant charge size for residential and 
light commercial air conditioning and heat pumps would be required in 
accordance with UL 60335-2-40, Edition 3. As discussed above in this 
section, EPA believes UL standards are most applicable to the U.S. 
market and offer requirements developed by a consensus of experts. EPA 
is proposing to require charge size limits for each of the proposed 
refrigerants by equipment type in accordance with UL 60335-2-40, 
Edition 3. Annex GG of the standard provides the charge limits, 
ventilation requirements and requirements for secondary circuits. The 
standard specifies requirements for installation space of an appliance 
(i.e., room floor area) and/or ventilation or other requirements which 
are determined according to the refrigerant charge used in the 
appliance, the installation location and the type of ventilation of the 
location or of the appliance. Within Annex GG, Table GG.1 provides 
guidance on how to apply the requirements to allow for safe use of 
flammable refrigerants. UL 60335-2-40, Edition 3 contains provisions 
for safety mitigation. These mitigation requirements were developed to 
ensure the safe use of flammable refrigerants over a range of 
appliances. In general, as larger charge sizes are used, more stringent 
mitigation requirements are required. In certain applications 
refrigerant detection systems (as described in Annex LL, Refrigerant 
detection systems for A2L refrigerants) and refrigerant sensors (as 
described in Annex MM, Refrigerant sensor location confirmation tests) 
such as safety alarms are required. Where mechanical ventilation (i.e., 
fans) is required in accordance with Annex GG or Annex 101.DVG, it must 
be initiated by a separate refrigerant detection system either as part 
of the appliance or installed separately. In a room with no mechanical 
ventilation, Annex GG provides requirements for openings to rooms based 
on several factors, including the charge size and the room area. The 
minimum opening is intended to be sufficient so that natural 
ventilation would reduce the risk of using a flammable refrigerant. The 
standard also includes specific requirements for split system 
appliances covering construction, instruction manuals, and allowable 
charge sizes, mechanical ventilation, safety alarms, and shut off 
valves for A2L refrigerants.
    In addition to Annex GG and Table GG.1 mentioned above, UL 60335-2-
40 has a requirement for the maximum charge for an appliance using an 
A2L refrigerant. If the appliance is a portable appliance, a non-fixed 
factory-sealed single package, or a cord-connected appliance which may 
be periodically or seasonally relocated (excluding servicing) by the 
end user, there are no

[[Page 35885]]

additional requirements for room area, ventilation, or other risk 
mitigation if the charge is sufficiently small--under three times the 
LFL. Additional requirements exist for charge sizes exceeding three 
times the LFL.
Labeling
    As a use condition, EPA is proposing to require labeling of 
residential and light commercial air conditioning and heat pump 
equipment. EPA would require the warning labels on the equipment 
contain letters at least \1/4\ inch high. The label must be permanently 
affixed to the equipment. Warning label language requirements are 
described in Section II.B of this proposed rule, ``Residential and 
light commercial air conditioning and heat pumps end-use.'' The warning 
label language is similar to or exactly the same as that required in UL 
60335-2-40.
    The major difference between this proposed requirement and the 
requirements in Table 101.DVF.1 of UL 60335-2-40 is that the markings 
for A2L refrigerants, including R-32 and the five refrigerant blends 
(i.e., R-452B, R-454A, R-454B, R-454C and R-457A), are required to be 
no less than 3.2 mm (\1/8\ inch) high in the standard instead of 6.4 mm 
(\1/4\ inch) as EPA is proposing in this action. EPA believes that it 
would be difficult to see warning labels with the minimum lettering 
height requirement for A2L refrigerants of \1/8\ inch in the UL 
Standard. Therefore, as in the requirements in our previous flammable 
refrigerants rules (e.g., 76 FR 78832, December 20, 2011; 80 FR 19454, 
April 10, 2015), EPA is proposing that 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, first responders, and 
those disposing the appliance to view the warning labels.
    EPA is requesting comment on requiring labeling, the height of the 
lettering, and the likelihood of labels remaining on a product 
throughout the lifecycle of the product, including its disposal.
Markings
    Our understanding of the UL Standard is that red markings, similar 
to those EPA has applied as use conditions in past actions for 
flammable refrigerants (76 FR 78832, December 20, 2011; 80 FR 19454, 
April 10, 2015), are required by the UL Standard for A2 and A3 
refrigerants but not A2L refrigerants. EPA is proposing that such 
markings apply to these A2L refrigerants as well to establish a common, 
familiar and standard means of identifying the use of a flammable 
refrigerant.
    These red markings will help technicians immediately identify the 
use of a flammable refrigerant, thereby potentially reducing the risk 
of using sparking equipment or otherwise having an ignition source 
nearby. The AC and refrigeration industry currently uses red-colored 
hoses and piping as means for identifying the use of a flammable 
refrigerant based on previous SNAP listings. 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 in SNAP listings, color-coded 
hoses or pipes must be used for ethane, HFC-32, isobutane, propane, or 
R-441A in certain types of equipment. All such tubing must be colored 
red PMS #185 or RAL 3020 to match the red band displayed on the 
container of flammable refrigerants under the AHRI Guideline N, ``2016 
Guideline for Assignment of Refrigerant Container Colors.'' EPA wants 
to ensure that there is adequate notice for technicians and others that 
a flammable refrigerant is being used within a particular piece of 
equipment or appliance. EPA is also concerned with ensuring adequate 
notification of the presence of flammable refrigerants for personnel 
disposing of appliances containing flammable refrigerants. As explained 
in a previous SNAP rule, one mechanism to distinguish hoses and pipes 
is to add a colored plastic sleeve or cap to the service tube. (80 FR 
19465, April 10, 2015). The colored plastic sleeve or cap would have to 
be forcibly removed in order to access the service tube. This would 
signal to the technician that the refrigeration circuit that she/he was 
about to access contained a flammable refrigerant, even if all warning 
labels were somehow removed. This sleeve would be of the same red color 
(PMS #185 or RAL 3020) and could also be boldly marked with a graphic 
to indicate the refrigerant was flammable. This could be a cost-
effective alternative to painting or dyeing the hose or pipe.
    EPA is proposing the use of color-coded hoses or piping as a way 
for technicians and others to recognize that a flammable refrigerant is 
used in the equipment. This would be in addition to the proposed use of 
warning labels discussed above. EPA believes having two such warning 
methods is reasonable and consistent with other general industry 
practices. This approach is the same as that adopted in our previous 
rules on flammable refrigerants (e.g., 76 FR 78832, December 20, 2011; 
80 FR 19454, April 10, 2015).
5. What additional information is EPA including in these listings?
    EPA is including recommendations, found in the ``Further 
information'' column of the regulatory text at the end of this 
document, to protect personnel from the risks of using flammable 
refrigerants. Similar to our previous listing of flammable refrigerants 
for this end-use (80 FR 19454, April 10, 2015), EPA is including 
information on the U.S. Occupational Safety and Health Administration 
(OSHA) requirements at 29 CFR part 1910, proper ventilation, personal 
protective equipment, fire extinguishers, use of spark-proof tools and 
equipment designed for flammable refrigerants, and training.
    Since this additional information is not part of the regulatory 
decision, these statements would not be binding for the proposed use of 
the substitutes under the SNAP program. However, the information so 
listed may be binding under other regulatory programs (e.g., worker 
protection regulations promulgated by OSHA). The ``Further 
Information'' identified in the proposed listing does not necessarily 
include all other legal obligations pertaining to the use of the 
substitutes. While the items listed would not be legally binding under 
the SNAP program, EPA would encourage users of substitutes to apply all 
statements in the ``Further Information'' column in their use of these 
substitutes if this proposal is finalized. 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 result 
in the user making significant changes in existing operating practices.
    EPA notes that Annex HH of UL 60335-2-40, Competence of service 
personnel, provides guidelines for service personnel to ensure they 
receive training specifically to address potential risks of servicing 
equipment using flammable refrigerants. Annex HH provides 
recommendations that such training cover several aspects relevant to 
flammable refrigerants including recognition of ignition sources, 
information about refrigerant detectors, and other safety concepts. 
Additional training information recommended would address the proper 
working procedures for equipment commissioning, maintenance, repair, 
decommissioning and disposal. The Agency notes that this section of the 
UL Standard is described as informational,

[[Page 35886]]

rather than ``normative,'' i.e., it is intended to provide information 
but not to be an absolute requirement under the UL standard. Because 
Annex HH is informative, rather than normative, it is not a requirement 
of the UL Standard and following it would not be required under our 
proposed use conditions. Nonetheless, in this proposal, EPA is 
providing as ``Further information'' some information on training, 
including a recommendation that personnel follow Annex HH.
6. On what aspects is EPA requesting additional comment?
    In the past, when finding flammable refrigerants acceptable subject 
to use conditions for self-contained equipment, EPA considered a 
requirement for training but decided that industry is better suited 
than EPA to design the content of any such training. At the time, this 
UL Standard did not exist, and the UL standards that EPA incorporated 
by reference did not contain a similar informative annex on training. 
EPA expected that the use conditions would be met by work performed at 
the factory in a controlled environment. Consistent with past SNAP 
rules on flammable refrigerants in refrigeration and air conditioning 
equipment (e.g. 76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 
2015), EPA is not proposing to require specific training or service 
practices. However, the Agency is interested in comments on whether 
this approach should still be followed or if, through a separate 
rulemaking, EPA should propose to establish training and service 
requirements, and, if so, how such a training program might be managed 
and to what extent or for which types of products such requirements 
should apply. EPA is particularly interested in comments on requiring 
training for personnel working with split systems because this 
equipment is generally charged in the field. EPA likewise is interested 
in comments on the extent to which the use conditions including the UL 
Standard requirements can be addressed at the factory by trained 
factory employees in a controlled environment with limited access by 
the general public, for self-contained equipment and split systems. EPA 
will consider these comments in determining whether to initiate a 
separate rulemaking to establish specific service practices and 
training on the use of flammable refrigerants in this end use.

C. Extruded Polystyrene: Boardstock and Billet--Proposed Listing of 
Blends of 40 to 52 Percent HFC-134a by Weight and the Remainder HFO-
1234ze(E); Blends of 40 to 52 Percent HFC-134a With 40 to 60 Percent 
HFO-1234ze(E) and 10 to 20 Percent Each Water and CO2 by 
Weight; and Blends With Maximum of 51 Percent HFC-134a, 17 to 41 
Percent HFC-152a, up to 20 Percent CO2 and one to 13 Percent 
Water

    EPA is proposing to list three blends containing HFC-134a as 
acceptable blowing agents in extruded polystyrene: Boardstock and 
billet (XPS): Blends of 40 to 52 percent HFC-134a by weight and the 
remainder HFO-1234ze(E); blends of 40 to 52 percent HFC-134a with 40 to 
60 percent HFO-1234ze(E) and 10 to 20 percent each water and 
CO2 by weight; and blends with maximum of 51 percent HFC-
134a, 17 to 41 percent HFC-152a, up to 20 percent CO2 and 
one to 13 percent water. EPA is also proposing to revise the 
unacceptable listing for blends of certain HFCs in XPS for consistency 
with the acceptable listings for these blends of HFC-134a.
1. Background on XPS
    The foam blowing end-use for XPS includes insulation for roofing, 
walls, floors, and pipes. This type of insulation foam can provide both 
thermal insulation and protection against moisture. XPS products have a 
variety of sizes and densities with differing technical requirements. 
XPS billet consists of thick blocks that may be used for flotation or 
for fabrication into shapes, such as for insulation of pipes or 
fittings. XPS boards are extruded through a die at high temperatures 
(approximately 90 [deg]C). Flammability of the blowing agent and of the 
foam formulation is a potential hazard that may be addressed in a 
number of ways, including engineering controls such as ventilation and 
use of explosion-proof materials and/or use of less flammable blowing 
agents. In some cases, foam blowing agents may be pre-blended in a 
container. In other cases, multiple blowing agents are introduced 
during blowing of the foam, or ``co-blown.''
    UL, Factory Mutual (FM), or another organization may test the final 
foam product for consistency with ASTM Standard C578, ``Standard 
Specification for Rigid, Cellular Polystyrene Thermal Insulation,'' so 
that the foam qualifies for meeting building codes.\34\ The foam 
undergoes testing for properties such as density, thermal resistance 
(``R-value''), compressive strength, flexural strength, water vapor 
permeance, water absorption, dimensional stability, flame spread, and 
smoke generation to meet building codes.\35\ Flame spread and smoke 
testing is conducted according to ASTM E84, ``Standard Test Method for 
Surface Burning Characteristics of Building Materials.'' Flame 
retardants may need to be added to the foam's composition to meet flame 
spread and smoke testing requirements. There may be additional tests 
such as for heat and ultraviolet radiation sensitivity for XPS 
manufactured for roofing applications.
---------------------------------------------------------------------------

    \34\ In Canada, the applicable standard is CAN/ULC-S701, 
``Standard for Thermal Insulation, Polystyrene, Boards and Pipe 
Covering.''
    \35\ Source: Extruded Polystyrene Foam Association, web page for 
technical information on standards. http://xpsa.com/tech-info-standards.html.
---------------------------------------------------------------------------

    XPS historically used CFC-12 as a blowing agent and then 
transitioned to use of HCFC-22 and/or HCFC-142b. EPA listed HCFC-22 and 
HCFC-142b as unacceptable blowing agents as of January 1, 2010 (72 FR 
14432, March 28, 2007). HFC-134a and HFC blends, particularly blends of 
HFC-134a, became widely used in XPS in the following decade. In the 
2015 Rule, EPA changed the status of certain HFCs and HFC blends from 
acceptable to unacceptable in XPS as of January 1, 2021, including HFC-
134a, HFC-245fa, HFC-365mfc, and blends thereof.\36\ Recognizing that 
multiple steps needed to be taken to transition to other blowing 
agents, including research and testing, EPA provided several years for 
those actions prior to the change of status date of January 1, 2021.
---------------------------------------------------------------------------

    \36\ As noted above, EPA is developing a future proposed rule to 
respond to the court's partial vacatur and remand of the 2015 Rule 
and notes that the court decision upheld EPA's listing changes as 
being reasonable and not ``arbitrary and capricious.''
---------------------------------------------------------------------------

    Based on recent submissions to EPA, EPA is aware of extensive 
research and testing on a number of new blowing agents for use in XPS. 
These newer substitutes include HFOs, hydrochlorofluoroolefins, or non-
fluorinated compounds, in some cases co-blown with HFCs. In this notice 
of proposed rulemaking (NPRM), EPA is proposing to list as acceptable 
three new substitutes for use in XPS.

[[Page 35887]]

2. What are blends of 40 to 52 percent HFC-134a and the remainder HFO-
1234ze(E); blends of 40 to 52 percent HFC-134a with 40 to 60 percent 
HFO-1234ze(E) and 10 to 20 percent each water and carbon dioxide; and 
blends with maximum of 51 percent HFC-134a, 17 to 41 percent HFC-152a, 
up to 20 percent CO2 and one to 13 percent water, and how do 
they compare to other foam blowing agents in the same end-use?
    EPA is proposing to list as acceptable (1) blends of 40 to 52 
percent HFC-134a by weight and the remainder HFO-1234ze(E) for use in 
XPS (hereafter referred to as ``HFC-134a/HFO-1234ze(E) blends''); (2) 
blends of 40 to 52 percent HFC-134a with 40 to 60 percent HFO-1234ze(E) 
and 10 to 20 percent each water and CO2 by weight for use in 
XPS (hereafter referred to as ``CO2/water/HFC-134a/HFO-
1234ze(E) blends''); and (3) blends with maximum of 51 percent HFC-
134a, 17 to 41 percent HFC-152a, up to 20 percent CO2 and 
one to 13 percent water (hereafter referred to as ``HFC-134a/HFC-152a/
CO2/water blends''). The components of the blends are co-
blown.
    HFC-134a is also known as 1,1,1,2-tetrafluoroethane (CAS Reg. No. 
811-97-2). HFC-152a, also known as 1,1, difluoroethane, has CAS Reg. 
No. 75-37-6. HFO-1234ze is also known as HFC-1234ze, HFO-1234ze(E) or 
trans-1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118-24-9). 
CO2 has CAS Reg. No. 124-38-9 and water has CAS Reg. No. 
7732-18-5.
    Redacted submissions and supporting documentation for these blends 
are provided in the docket for this proposed rule (EPA-HQ-OAR-2019-
0698) at https://www.regulations.gov. EPA performed assessments to 
examine the health and environmental risks of these substitutes. These 
assessments are available in the docket for this proposed 
rule.37 38 39
---------------------------------------------------------------------------

    \37\ ICF, 2020j. Risk Screen on Substitutes in Extruded 
Polystyrene Boardstock and Billet Foam; Substitute: Blends of 40 to 
52 Percent HFC-134a by Weight and the Remainder HFO-1234ze(E) (HFC-
HFO Co-blowing Agents).
    \38\ ICF, 2020k. Risk Screen on Substitutes in Extruded 
Polystyrene Boardstock and Billet Foam; Substitute: Blends of 40 to 
52 Percent HFC-134a with 40 to 60 Percent HFO-1234ze(E) and 10 to 20 
Percent Each Water and CO2 by Weight (Co-blowing Blends).
    \39\ ICF, 2020l. Risk Screen on Substitutes in Extruded 
Polystyrene Boardstock and Billet Foam; Substitute: Blends with 
Maximum of 51 Percent HFC-134a, 17 to 41 Percent HFC-152a, up to 20 
Percent CO2 and One to 13 Percent Water (Blends for Foam 
Blowing).
---------------------------------------------------------------------------

    Environmental information: The substitutes have an ODP of zero. 
Their components, HFC-134a, HFC-152a, HFO-1234ze(E), CO2, 
and water have GWPs of 1,430,\40\ 124,\41\ one to six,\42\ one,\43\ and 
less than one,\44\ respectively. If these values are weighted by mass 
percentage, then the blends range in GWP from about 580 to 750.\45\ 
HFC-134a, HFC-152a, HFO-1234ze(E), CO2, and water--
components of the blends--are excluded 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.
---------------------------------------------------------------------------

    \40\ IPCC (2007).
    \41\ IPCC (2007).
    \42\ Hodnebrog et al., 2013 and Javadi et al., 2008.
    \43\ IPCC (2007).
    \44\ Sherwood et al 2018. This paper estimated that water vapor 
emitted near Earth's surface due to anthropogenic sources, e.g. 
irrigation, would have a GWP of -10-3 to 5 x 
10-4. ``The global warming potential of near-surface 
emitted water vapour,'' Steven C Sherwood, Vishal Dixit and 
Chrys[eacute]is Salomez. Environ. Res. Lett. 13 (2018) 104006.
    \45\ A GWP of 580 corresponds to formulations containing 
approximately 40 percent HFC-134a and the remainder HFO-1234ze(E) or 
HFO-1234ze(E), CO2 and water or HFC-152a, CO2 
and water; a GWP of 750 corresponds to formulations containing 52 
percent HFC-134a and the remainder of HFO-1234ze(E) or HFO-
1234ze(E), CO2 and water. or 51 percent HFC-134a and the 
remainder HFC-152a, CO2, and water.
---------------------------------------------------------------------------

    Flammability information: The component HFC-152a is moderately 
flammable. The other components of the blends are non-flammable at 
standard temperature and pressure using the standard test method ASTM 
E681. However, at higher temperatures such as the temperatures typical 
for extruding XPS, HFC-134a, and HFO-1234ze(E) may be flammable, 
particularly at higher humidity levels.\46\ Blends containing 50 
percent or more HFC-134a have been found to have acceptable flammable 
process stability under conditions of use (i.e., XPS extrusion).\47\
---------------------------------------------------------------------------

    \46\ Bellair and Hood, 2019. Comprehensive evaluation of the 
flammability and ignitability of HFO-1234ze, R.J. Bellair and L. 
Hood, Process Safety and Environmental Protection 132 (2019) 273-
284. Available online at doi.org/10.1016/j.psep.2019.09.033.
    \47\ DuPont, 2019a. August 23, 2019. Letter from DuPont 
Performance Building Solutions to EPA.
---------------------------------------------------------------------------

    Toxicity and exposure data: Potential health effects of this 
substitute at lower concentrations include headache, nausea, drowsiness 
and dizziness. The substitute may also irritate the skin or eyes or 
cause frostbite. At sufficiently high concentrations, it may cause 
central nervous system depression and affect respiration. The 
substitute could cause asphyxiation, if air is displaced by vapors in a 
confined space. These health effects are common to other foam blowing 
agents used in this end-use.
    The AIHA has established WEELs of 1,000 ppm as an 8-hr TWA for HFC-
134a and HFC-152a and 800 ppm for HFO-1234ze(E). CO2 has an 
eight hour/day, 40 hour/week permissible exposure limit (PEL) of 5000 
ppm in the workplace required by OSHA and a 15-minute recommended 
short-term exposure limit (STEL) of 30,000 ppm established by the 
National Institute for Occupational Safety and Health (NIOSH). EPA 
anticipates that users will be able to meet the AIHA WEELs, OSHA PEL, 
and NIOSH STEL and address potential health risks by following 
requirements and recommendations in the manufacturer's SDSs and other 
safety precautions common to the foam blowing industry.
    Comparison to other substitutes in this end-use: HFC-134a/HFO-
1234ze(E) blends, CO2/water/HFC-134a/HFO-1234ze(E) blends, 
and HFC-134a/HFC-152a/CO2/water blends have ODPs of zero, 
comparable to all other acceptable substitutes in this end-use, such as 
HFC-152a, HFO-1234ze(E), methyl formate, and CO2.
    The GWPs of 580 to 750 for the HFC-134a/HFO-1234ze(E) blends, the 
CO2/water/HFC-134a/HFO-1234ze(E) blends, and HFC-134a/HFC-
152a/CO2/water blends are higher than those for acceptable 
alternatives such as HFC-152a, HFO-1234ze(E), light saturated 
hydrocarbons C3-C6 \48\ and methyl formate, with respective GWPs of 
124, one to six,\49\ three to ten,\50\ and less than five.\51\
---------------------------------------------------------------------------

    \48\ That is, alkanes with three to six carbons such as butane, 
n-pentane, isopentane, and cyclopentane.
    \49\ Hodnebrog et al., 2013 and Javadi et al., 2008.
    \50\ EPA, undated. ``Summary of Substitute Foam Blowing Agents 
Listed in SNAP Notice 25.'' Available online at https://www.epa.gov/sites/production/files/2014-11/documents/notice25substitutefoams.pdf.
    \51\ EPA, undated.
---------------------------------------------------------------------------

    Information regarding the flammability and toxicity of other 
available alternatives are provided in the listing decisions previously 
made (see https://www.epa.gov/snap/substitutes-polystyrene-extruded-boardstock-and-billet). Flammability and toxicity risks of the HFC-
134a/HFO-1234ze(E), the CO2/water/HFC-134a/HFO-1234ze(E) 
blends, and HFC-134a/HFC-152a/CO2/water blends are 
comparable to or lower than flammability and toxicity risks of other 
available substitutes in the same end-use. Toxicity risks can be 
minimized by use consistent with the AIHA WEELs, OSHA PEL, NIOSH STEL, 
recommendations in the manufacturer's SDSs, and other safety 
precautions common in the foam-blowing industry.

[[Page 35888]]

3. What is EPA proposing for HFC-134a blends in XPS?
    EPA is proposing to list three specific blends of HFC-134a as 
acceptable in XPS. These blends have higher GWPs and are otherwise 
comparable or lower in risk than other alternatives listed as 
acceptable; however, EPA is taking this action because the Agency 
believes that other acceptable alternatives are not generally available 
for most needs under this end-use. Information available to the Agency 
at the time that the Agency finalized the 2015 Rule indicated that 
other substitutes listed as acceptable for this end-use, notably HFC-
152a, HFO-1234ze(E), light saturated hydrocarbons C3-C6, and methyl 
formate, should be able to meet product requirements after further 
research and testing and thus would be available by January 1, 2021. 
Since that time, information provided in multiple SNAP submissions 
indicates that despite research and testing over the past several 
years, three of these four substitutes--HFO-1234ze(E), light saturated 
hydrocarbons C3-C6, and methyl formate--have not been proven to meet 
density and testing requirements of building codes and standards, such 
as for thermal efficiency, compressive strength, and flame and smoke 
generation, necessary for XPS products. One of the three manufacturers 
of XPS in the United States has had some success using neat \52\ HFC-
152a as a blowing agent to manufacture some XPS products.
---------------------------------------------------------------------------

    \52\ Individual, unblended blowing agents.
---------------------------------------------------------------------------

    In order for substitutes to be available in this end-use, they must 
be capable of blowing foam that meets the technical needs of XPS 
products including density and ability to meet testing requirements of 
building codes and standards, such as for thermal efficiency, 
compressive strength, and flame and smoke generation. EPA considered 
relevant information included in multiple SNAP submissions in the 
development of this proposal regarding whether foam blowing agents 
currently listed as acceptable can be used to produce foam that meets 
the performance specifications for XPS foam. The submitter of the 
proposed blends presented specific evidence supporting a claim that 
other acceptable substitutes have not yet provided sufficient 
performance when considering density and testing requirements. In 
particular, the submitter provided information developed over five 
years evaluating a variety of alternative blowing agents in hundreds of 
trials. The submitter indicated that it was having difficulty meeting 
requirements for insulation value (``R-value'') with neat acceptable 
blowing agents such as HFO-1234ze(E), HFC-152a, and CO2.\53\ 
Further, the submitter indicated that if in some cases it could meet R-
value requirements with those neat blowing agents, these alternatives 
were not able to meet other requirements such as compressive strength, 
density and thickness, or fire test results. The submitter also 
identified challenges with meeting code requirements for XPS products 
manufactured with flammable substitutes (e.g., HFC-152a, light 
saturated hydrocarbons C3-C6, and methyl formate) and provided examples 
of failed test results.
---------------------------------------------------------------------------

    \53\ DuPont, 2019b. December 17, 2019 Letter from DuPont 
Performance Building Solutions to EPA.
---------------------------------------------------------------------------

    Based on all of the evidence before the Agency, it now appears that 
only one of the substitutes that the Agency believed at the time of the 
2015 Rule would be available for use in XPS foam as of January 1, 2021 
is in fact available and likely could only be used to meet the needs 
for some portion of the XPS foams market.\54\ The Agency is concerned 
about ensuring that the needs of the full XPS foams market in the 
United States can be met. In addition to a concern that all of the 
needs of the XPS foams market cannot be met, EPA considers it important 
that the SNAP program not limit the choice of acceptable substitutes to 
only one option, where possible. For these reasons, EPA is proposing to 
list additional blowing agent options for XPS that have been proven to 
work for this end-use.
---------------------------------------------------------------------------

    \54\ The set of products that may be able to be manufactured 
with HFC-152a would account for a minority of the current market for 
XPS.
---------------------------------------------------------------------------

    The submitter has tested the three blends with HFC-134a addressed 
in this proposal and has found the blends create larger cells in XPS 
which can be important for meeting the needed range of densities and 
meeting other testing requirements. Thus, by adding these two 
substitutes to the list of acceptable substitutes, XPS manufacturers 
will have at least three viable substitutes to choose from in 
manufacturing XPS products and these substitutes should allow 
manufacturers to meet additional needs for XPS foams in the United 
States. EPA requests comment on the proposed listing of these blends of 
HFC-134a as acceptable in XPS.
    EPA notes that the proposed listings are summarized below. Because 
the Agency is not proposing to restrict or prohibit use of these 
substitutes in this end-use, it is not proposing regulatory text at the 
end of this document that, if finalized, would appear in the CFR. If 
EPA were to finalize these listings as proposed, the Agency would 
publish them in the preamble to the final rule and would add them to 
the list of acceptable substitutes for XPS on EPA's website at https://www.epa.gov/snap/substitutes-polystyrene-extruded-boardstock-and-billet.

                          Summary of Proposed New Listings for XPS Foam Blowing Agents
----------------------------------------------------------------------------------------------------------------
             End-use                   Substitute           Proposed decision            Further information
----------------------------------------------------------------------------------------------------------------
Extruded Polystyrene: Boardstock  Blends of 40 to 52   Acceptable *...............  These blends have GWPs of
 and Billet.                       percent HFC-134a                                  580 to 750, depending on
                                   by weight and the                                 the specific composition.
                                   remainder HFO-                                    Blends containing 50
                                   1234ze(E).                                        percent or more HFC-134a
                                                                                     have been found to have
                                                                                     acceptable flammable
                                                                                     process stability under
                                                                                     conditions of use (i.e.,
                                                                                     XPS extrusion).
Extruded Polystyrene: Boardstock  Blends of 40 to 52   Acceptable *...............  These blends have GWPs of
 and Billet.                       percent HFC-134a                                  580 to 750, depending on
                                   with 40 to 60                                     the specific composition.
                                   percent HFO-                                      Blends containing 50
                                   1234ze(E) and 10                                  percent or more HFC-134a
                                   to 20 percent each                                have been found to have
                                   water and CO2 by                                  acceptable flammable
                                   weight.                                           process stability under
                                                                                     conditions of use (i.e.,
                                                                                     XPS extrusion).

[[Page 35889]]

 
Extruded Polystyrene: Boardstock  Blends with maximum  Acceptable *...............  These blends have GWPs of
 and Billet.                       of 51 percent HFC-                                580 to 750, depending on
                                   134a, 17 to 41                                    the specific composition.
                                   percent HFC-152a,                                 Blends containing 50
                                   up to 20 percent                                  percent or more HFC-134a
                                   CO2 and one to 13                                 have been found to have
                                   percent water.                                    acceptable flammable
                                                                                     process stability under
                                                                                     conditions of use (i.e.,
                                                                                     XPS extrusion).
----------------------------------------------------------------------------------------------------------------
* Notwithstanding the unacceptable listings in general for blends of HFC-134a in XPS, EPA is proposing these
  specific blends of HFC-134a to be acceptable in this end-use.

    In light of the Agency's proposal to list the above-mentioned 
blends of HFC-134a as acceptable, EPA is proposing to revise the 
current unacceptable listing for blends of certain HFCs in XPS in 
appendix U to 40 CFR part 82, subpart G. The listing for unacceptable 
substitutes in XPS states that HFC-134a, HFC-245fa, HFC-365mfc, and 
blends thereof; and Formacel TI, Formacel B, and Formacel Z-6 are 
``unacceptable as of January 1, 2021, except where allowed under a 
narrowed use limit.'' EPA is proposing to revise the listing of 
unacceptable substitutes for XPS in appendix U to read that the 
substitutes are ``Unacceptable as of January 1, 2021 except where 
allowed under a narrowed use limit or where blends are specifically 
listed as acceptable.'' EPA is not opening up for comment other aspects 
of this existing listing.

D. Total Flooding: Proposed Removal of Powdered Aerosol E From the List 
of Substitutes Acceptable Subject to use Conditions

    Powdered Aerosol E, also marketed under the trade names of FirePro, 
FirePro Xtinguish, and FireBan, is generated in an automated 
manufacturing process during which the chemicals, in powder form, are 
mixed and then supplied to end users as a solid contained within a fire 
extinguisher. In the presence of heat, the solid converts to an aerosol 
consisting mainly of potassium salts. EPA listed Powdered Aerosol E as 
acceptable, subject to use conditions, as a total flooding agent (71 FR 
56359, September 27, 2006). The use conditions required that Powdered 
Aerosol E be used only in areas that are normally unoccupied, because 
the Agency did not have sufficient information at that time supporting 
its safe use in areas that are normally occupied. Based on a review of 
additional information from the submitter to support the safe use of 
Powdered Aerosol E in normally occupied spaces, EPA subsequently 
determined that Powdered Aerosol E is also acceptable for use in total 
flooding systems for normally occupied spaces (83 FR 50026, October 4, 
2018). The listing provides that Powdered Aerosol E is acceptable for 
total flooding uses, which includes both unoccupied and occupied 
spaces. In the October 2018 listing action, EPA noted that in a 
subsequent rulemaking, the Agency would remove the previous listing of 
Powdered Aerosol E as acceptable, subject to use conditions since the 
use condition is no longer applicable. EPA is proposing to take the 
ministerial action of removing that listing for Powdered Aerosol E and 
is requesting comment on this proposal.

III. Statutory and Executive Order Reviews

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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory 
action. This proposed rule is expected to provide meaningful burden 
reduction because it allows for the use of additional ODS substitutes 
and there is no requirement to use the substitutes listed in this 
action.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0226. The approved Information Collection Request 
includes five types of respondent reporting and recordkeeping 
activities pursuant to SNAP regulations: Submission of a SNAP petition, 
filing a Toxic Substances Control Act (TSCA)/SNAP Addendum, 
notification for test marketing activity, recordkeeping for substitutes 
acceptable subject to use restrictions, and recordkeeping for small 
volume uses. This rule contains no new requirements for reporting or 
recordkeeping.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, 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. This action allows the additional options 
of using R-32, R-448A, R-449A, R-449B, R-452B, R-454A, R-454B, R-454C, 
R-457A, blends of 40 to 52 percent HFC-134a by weight and the remainder 
HFO-1234ze(E), blends of 40 to 52 percent HFC-134a with 44 to 58 
percent HFO-1234ze(E) and one to two percent each water and 
CO2 by weight, and blends with maximum of 51 percent HFC-
134a, 17 to 41 percent HFC-152a, up to 20 percent CO2 and 
one to 13 percent water in the specified end-uses, but does not mandate 
such use. Users who choose to use R-448A, R-449A, and R-449B must make 
a reasonable effort to ascertain that other substitutes or alternatives 
are not technically feasible and must document and keep records of the 
results of such investigations. Because equipment for R-452B, R-454A, 
R-454B, R-454C, and R-457A is not manufactured yet in the U.S. for the 
residential and light commercial air conditioning and heat pumps end-
use, no change in business practice is required to meet the use 
conditions, resulting in no adverse impact compared to the absence of 
this rule. Equipment for R-32 already being manufactured has been 
subject to similar use conditions, resulting in no adverse impact 
compared to the absence of this rule. Thus, the rule would not impose 
new costs on small entities if finalized as proposed. We have

[[Page 35890]]

therefore concluded that this action will not impose a significant 
adverse regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

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

F. 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified in 
Executive Order 13175.
    Thus, Executive Order 13175 does not apply to this action. EPA 
periodically updates tribal officials on air regulations through the 
monthly meetings of the National Tribal Air Association and will share 
information on this rulemaking through this and other fora.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children. 
The EPA has not conducted a separate analysis of risks to infants and 
children associated with this rule. Any risks to children are not 
different than the risks to the general population. This action's 
health and risk assessments are contained in the comparisons of 
toxicity for the various substitutes, as well as in the risk screens 
for the substitutes that are proposed to be listed. The risk screens 
are in the docket for this rulemaking.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This action involves technical standards. EPA proposes to use and 
incorporate by reference portions of the 2019 UL Standard 60335-2-40, 
which establishes requirements for the evaluation of residential air 
conditioning equipment and safe use of flammable refrigerants, among 
other things. The standard is discussed in greater detail in section 
II.B.4 of this preamble.
    The 2019 UL Standard 60335-2-40 is available at http://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=36463, and may be 
purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 
60106; Email: orders@shopulstandards.com; Telephone: 1-888-853-3503 in 
the U.S. or Canada (other countries dial 1-415-352-2178); internet 
address: http://ulstandards.ul.com/ or www.comm-2000.com. The cost of 
the 2019 UL Standard 60335-2-40 is $440 for an electronic copy and $550 
for 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 this 
standard is not a significant financial burden for equipment 
manufacturers and purchase is not required for those selling, 
installing, and servicing the equipment. Therefore, EPA proposes that 
the UL standard proposed to be incorporated by reference is reasonably 
available.

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

    EPA believes that it is not feasible to quantify any 
disproportionately high and adverse human health or environmental 
effects from this action on minority populations, low-income 
populations and/or indigenous peoples, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994) because for all affected 
populations there is no requirement to use any of the alternatives 
listed in this action.

IV. References

    Unless specified otherwise, all documents are available 
electronically through the Federal Docket Management System, Docket 
number EPA-HQ-OAR-2019-0698.

AHRI, 2017. Petition Requesting EPA SNAP Approval of R-448A/449A/
449B for Medium Temperature, Stand-Alone Retail Food Refrigeration 
Equipment. Submitted March 20, 2017.
ASHRAE, 2019. ANSI/ASHRAE Standard 34-2019: Designation and Safety 
Classification of Refrigerants.
Bellair and Hood, 2019. Bellair, R.J. and Hood, L. Comprehensive 
evaluation of the flammability and ignitability of HFO-1234ze. 
Process Safety and Environmental Protection 132, 273-284. Available 
online at doi.org/10.1016/j.psep.2019.09.033.
CCAC, 2012. Technology Forum on Climate Friendly Alternatives in 
Commercial Refrigeration. Meeting Summary. 8 December 2012.
Coca-Cola, 2014. Coca-Cola Installs 1 Millionth HFC-Free Cooler 
Globally, Preventing 5.25MM Metric Tons of CO2, January 22, 2014.
DuPont, 2019a. August 23, 2019. Letter from DuPont Performance 
Building Solutions to EPA.
DuPont, 2019b. December 17, 2019 Letter from DuPont Performance 
Building Solutions to EPA.
EPA, undated. Summary of Substitute Foam Blowing Agents Listed in 
SNAP Notice 25. Available online at https://www.epa.gov/sites/production/files/2014-11/documents/notice25substitutefoams.pdf
Hodnebrog, et al., 2013. Hodnebrog, [Oslash]., Etminan, M., 
Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen, C.J., Shine, 
K.P., and Wallington, T.J. (2013). Global Warming Potentials and 
Radiative Efficiencies of Halocarbons and Related Compounds: A 
Comprehensive Review, Reviews of Geophysics, 51, 300-378. Available 
online at doi.org/10.1002/rog.20013.
ICF, 2020a. Risk Screen on Substitutes in Retail Food Refrigeration 
(Medium-temperature Stand-alone Units) (New Equipment); Substitute: 
R-448A.
ICF, 2020b. Risk Screen on Substitutes in Retail Food Refrigeration 
(Medium-temperature Stand-alone Units) (New Equipment); Substitute: 
R-449A.
ICF, 2020c. Risk Screen on Substitutes in Retail Food Refrigeration 
(Medium-temperature Stand-alone Units) (New Equipment); Substitute: 
R-449B.
ICF, 2020d. Risk Screen on Substitutes in Residential and Light 
Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: HFC-32.
ICF, 2020e. Risk Screen on Substitutes in Residential and Light 
Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-452B.
ICF, 2020f. Risk Screen on Substitutes in Residential and Light 
Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-454A.
ICF, 2020g. Risk Screen on Substitutes in Residential and Light 
Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-454B.

[[Page 35891]]

ICF, 2020h. Risk Screen on Substitutes in Residential and Light 
Commercial Air-Conditioning and Heat Pumps (New Equipment); 
Substitute: R-454C.
ICF, 2020i. Risk Screen on Substitutes in Residential and Light 
Commercial Air-Conditioning and Heat Pumps; Substitute (New 
Equipment): R-457A.
ICF, 2020j. Risk Screen on Substitutes in Extruded Polystyrene 
Boardstock and Billet Foam; Substitute: Blends of 40 to 52 Percent 
HFC-134a by Weight and the Remainder HFO-1234ze(E) (HFC-HFO Co-
blowing Agents).
ICF, 2020k. Risk Screen on Substitutes in Extruded Polystyrene 
Boardstock and Billet Foam; Substitute: Blends of 40 to 52 Percent 
HFC-134a with 40 to 60 Percent HFO-1234ze(E) and 10 to 20 Percent 
Each Water and CO2 by Weight (Co-blowing Blends).
ICF, 2020l. Risk Screen on Substitutes in Extruded Polystyrene 
Boardstock and Billet Foam; Substitute: Blends with Maximum of 51 
Percent HFC-134a, 17 to 41 Percent HFC-152a, up to 20 Percent 
CO2 and One to 13 Percent Water (Blends for Foam 
Blowing).
IPCC, 2007. Climate Change 2007: The Physical Science Basis. 
Contribution of Working Group I to the Fourth Assessment Report of 
the Intergovernmental Panel on Climate Change. Solomon, S., Qin, D., 
Manning, M., Chen, Z., Marquis, M., Averyt, K.B., Tignor, M., and 
Miller, H.L. (eds.). Cambridge University Press. Cambridge, United 
Kingdom and New York, NY, USA. Available online at: www.ipcc.ch/
publications_and_data/ar4/wg1/en/contents.html.
Javadi et al., 2008. Javadi, M.S., S[oslash]ndergaard, R., Nielsen, 
O.J., Hurley, M.D., and Wellington, T.J., (2008). Atmospheric 
chemistry of trans-CF3CH=CHF: Products and mechanisms of hydroxyl 
radical and chlorine atom-initiated oxidation. Atmospheric Chemistry 
and Physics Discussions 8, 1069-1088. Available online at https://www.atmos-chem-phys.net/8/3141/2008/.
Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S., Sulbaek Andersen, 
M.P., Hurley, M.D., Wallington, T.J., Singh, R. (2007). Atmospheric 
chemistry of CF3CF=CH2: Kinetics and mechanisms of gas-phase 
reactions with Cl atoms, OH radicals, and O3. Chemical Physics 
Letters 439, 18-22. Available online at http://www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf.
Shecco, 2013a. HCs Gaining Market Prominence in US--View from the 
NAFEM Show--Part 1, February 18, 2013.
Shecco, 2013b. HCs Gaining Market Prominence in US--View from the 
NAFEM Show--Part 2, February 25, 2013.
Shecco, 2015. New Regulations Inspire Hydrocarbon Displays at U.S. 
NAFEM Show, February 24, 2015.
Sherwood et. al. 2018. Sherwood, S. C, Vishal, D., and Salomez, C. 
(2018) The global warming potential of near-surface emitted water 
vapour. Environ. Res. Lett.,13 104006. Available online at https://iopscience.iop.org/article/10.1088/1748-9326/aae018/pdf.
UL 60335-2-40, 2019. Household And Similar Electrical Appliances--
Safety--Part 2-40: Particular Requirements for Electrical Heat 
Pumps, Air-Conditioners and Dehumidifiers. Third Edition. November 
1, 2019.

List of Subjects in 40 CFR Part 82

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

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, EPA proposes to amend 40 
CFR part 82 as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

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

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

Subpart G--Significant New Alternatives Policy Program

0
2. Appendix O to subpart G of part 82 is amended by removing in the 
table the entry ``Total flooding; Powdered Aerosol E 
(FirePro[supreg])''.
0
3. In appendix U to subpart G of part 82:
0
a. Revise the appendix U to subpart G of part 82 heading.
0
b. Revise in the table entitled ``Unacceptable Substitutes'' the entry 
``Polystyrene: Extruded Boardstock and Billet''.
    The revisions read as follows:

Appendix U to Subpart G of Part 82--Unacceptable Substitutes and 
Substitutes Subject to Use Restrictions Listed in the July 20, 2015 
Final Rule, Effective August 19, 2015 and in the [Date of publication 
of the final rule in the Federal Register] Final Rule, Effective [Date 
30 Days After Date of Publication of the Final Rule in the Federal 
Register]

* * * * *

                                            Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
               End-use                        Substitute                Decision           Further information
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Polystyrene: Extruded Boardstock and   HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 Billet.                                HFC-365mfc, and blends   January 1, 2021 except   agents have GWPs
                                        thereof; Formacel TI,    where allowed under a    ranging from higher
                                        Formacel B, and          narrowed use limit or    than 140 to
                                        Formacel Z-6.            where a blend is         approximately 1,500.
                                                                 specifically listed as   Other substitutes will
                                                                 acceptable.              be available for this
                                                                                          end-use with lower
                                                                                          overall risk to human
                                                                                          health and the
                                                                                          environment by the
                                                                                          status change date.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 35892]]

* * * * *
0
4. Add appendix W to subpart G of part 82 to read as follows:

Appendix W to Subpart G of Part 82--Substitutes Listed in the [Date of 
Publication of the Final Rule in the Federal Register] Final Rule--
Effective [Date 30 Days After Date of Publication of the Final Rule in 
the Federal Register]

                       Refrigerants--Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision       Narrowed use limits    Further information
----------------------------------------------------------------------------------------------------------------
Retail food refrigeration--     R-448A, R-449A,   Acceptable        Acceptable only for    Users are required to
 medium- temperature stand-      R-449B.           Subject to        use in new medium-     document and retain
 alone units (new only).                           Narrowed Use      temperature stand-     the results of their
                                                   Limits.           alone units where      technical
                                                                     reasonable efforts     investigation of
                                                                     have been made to      alternatives for the
                                                                     ascertain that other   purpose of
                                                                     alternatives are not   demonstrating
                                                                     technically feasible   compliance.
                                                                     due to the inability   Information should
                                                                     to meet ADA            include descriptions
                                                                     requirements.          of:
                                                                                            Process or
                                                                                            product in which the
                                                                                            substitute is
                                                                                            needed;
                                                                                            Substitutes
                                                                                            examined and
                                                                                            rejected;
                                                                                            Reason for
                                                                                            rejection of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards, ADA
                                                                                            requirements; and/or
                                                                                            Anticipated
                                                                                            date other
                                                                                            substitutes will be
                                                                                            available and
                                                                                            projected time for
                                                                                            switching.
----------------------------------------------------------------------------------------------------------------


                         Refrigerants--Substitutes Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision          Use conditions      Further information
----------------------------------------------------------------------------------------------------------------
I. Residential and light        R-452B, R-454A,   Acceptable        These refrigerants     Applicable OSHA
 commercial air conditioning     R-454B, R-454C    Subject to Use    may be used only in    requirements at 29
 and heat pumps (new only).      and R-457A.       Conditions.       new equipment          CFR part 1910 must
                                                                     specifically           be followed,
                                                                     designed and clearly   including those at
                                                                     identified for the     29 CFR 1910.94
                                                                     refrigerants (i.e.,    (ventilation) and
                                                                     none of these          1910.106 (flammable
                                                                     substitutes may be     and combustible
                                                                     used as a conversion   liquids), 1910.110
                                                                     or ``retrofit''        (storage and
                                                                     refrigerant for        handling of
                                                                     existing equipment     liquefied petroleum
                                                                     designed for other     gases), and
                                                                     refrigerants).         1910.1000 (toxic and
                                                                                            hazardous
                                                                                            substances).
                                                                    These substitutes may  Proper ventilation
                                                                     only be used in air    should be maintained
                                                                     conditioning           at all times during
                                                                     equipment that meets   the manufacture and
                                                                     all requirements in    storage of equipment
                                                                     UL 60335-2-40.1 2 3    containing
                                                                     In cases where this    hydrocarbon
                                                                     appendix includes      refrigerants through
                                                                     requirements more      adherence to good
                                                                     stringent than those   manufacturing
                                                                     of UL 60335-2-40,      practices as per 29
                                                                     the appliance must     CFR 1910.106. If
                                                                     meet the               refrigerant levels
                                                                     requirements of this   in the air
                                                                     appendix in place of   surrounding the
                                                                     the requirements in    equipment rise above
                                                                     UL 60335-2-40.         one-fourth of the
                                                                                            lower flammability
                                                                                            limit, the space
                                                                                            should be evacuated
                                                                                            and reentry should
                                                                                            occur only after the
                                                                                            space has been
                                                                                            properly ventilated.
                                                                    The charge size for    Technicians and
                                                                     the equipment must     equipment
                                                                     not exceed the         manufacturers should
                                                                     maximum refrigerant    wear appropriate
                                                                     mass determined        personal protective
                                                                     according to UL        equipment, including
                                                                     60335-2-40 for the     chemical goggles and
                                                                     room size where the    protective gloves,
                                                                     air conditioner is     when handling
                                                                     used.                  flammable
                                                                                            refrigerants.
                                                                                            Special care should
                                                                                            be taken to avoid
                                                                                            contact with the
                                                                                            skin which, like
                                                                                            many refrigerants,
                                                                                            can cause freeze
                                                                                            burns on the skin.
                                                                    The following          A class B dry powder
                                                                     markings must be       type fire
                                                                     attached at the        extinguisher should
                                                                     locations provided     be kept nearby.
                                                                     and must be           Technicians should
                                                                     permanent:             only use spark-proof
                                                                    (a) On the outside of   tools when working
                                                                     the air conditioning   on air conditioning
                                                                     equipment:             equipment with
                                                                     ``WARNING--Risk of     flammable
                                                                     Fire. Flammable        refrigerants.
                                                                     Refrigerant Used. To
                                                                     Be Repaired Only By
                                                                     Trained Service
                                                                     Personnel. Do Not
                                                                     Puncture Refrigerant
                                                                     Tubing.''.

[[Page 35893]]

 
                                                                    (b) On the outside of  Any recovery
                                                                     the air conditioning   equipment used
                                                                     equipment:             should be designed
                                                                     ``WARNING--Risk of     for flammable
                                                                     Fire. Dispose of       refrigerants. Any
                                                                     Properly In            refrigerant releases
                                                                     Accordance With        should be in a well-
                                                                     Federal Or Local       ventilated area,
                                                                     Regulations.           such as outside of a
                                                                     Flammable              building. Only
                                                                     Refrigerant Used.''    technicians
                                                                                            specifically trained
                                                                                            in handling
                                                                                            flammable
                                                                                            refrigerants should
                                                                                            service
                                                                                            refrigeration
                                                                                            equipment containing
                                                                                            this refrigerant.
                                                                                            Technicians should
                                                                                            gain an
                                                                                            understanding of
                                                                                            minimizing the risk
                                                                                            of fire and the
                                                                                            steps to use
                                                                                            flammable
                                                                                            refrigerants safely.
                                                                    (c) On the inside of   Room occupants should
                                                                     the air conditioning   evacuate the space
                                                                     equipment near the     immediately
                                                                     compressor:            following the
                                                                     ``WARNING--Risk of     accidental release
                                                                     Fire. Flammable        of this refrigerant.
                                                                     Refrigerant Used.     Personnel
                                                                     Consult Repair         commissioning,
                                                                     Manual/Owner's Guide   maintaining,
                                                                     Before Attempting To   repairing,
                                                                     Service This           decommissioning and
                                                                     Product. All Safety    disposing of
                                                                     Precautions Must be    appliances with
                                                                     Followed.''            these refrigerants
                                                                                            should obtain
                                                                                            training and follow
                                                                                            practices consistent
                                                                                            with Annex HH of UL
                                                                                            260355-2-40, 3rd
                                                                                            edition.
                                                                    (d) For any equipment  CAA section 608(c)(2)
                                                                     pre-charged at the     prohibition on
                                                                     factory, on the        knowingly venting or
                                                                     equipment              otherwise knowingly
                                                                     packaging``WARNING--   releasing or
                                                                     Risk of Fire due to    disposing of
                                                                     Flammable              substitute
                                                                     Refrigerant Used.      refrigerants in the
                                                                     Follow Handling        course of
                                                                     Instructions           maintaining,
                                                                     Carefully in           servicing, repairing
                                                                     Compliance with        or disposing of an
                                                                     National               appliance or
                                                                     Regulations''          industrial process
                                                                    (e) On the indoor       refrigeration.
                                                                     unit near the         Department of
                                                                     nameplate:.            Transportation
                                                                                            requirements for
                                                                                            transport of
                                                                                            flammable gases must
                                                                                            be followed.
                                                                       a. At the top of    Mildly flammable
                                                                        the marking:        refrigerants being
                                                                        ``Minimum           recovered or
                                                                        Installation        otherwise disposed
                                                                        height, X m (W      of from residential
                                                                        ft)''. This         and light commercial
                                                                        marking is only     air conditioning
                                                                        required if         appliances are
                                                                        required by UL      likely to be
                                                                        60335-2-40. The     hazardous waste
                                                                        terms ``X'' and     under the Resource
                                                                        ``W'' shall be      Conservation and
                                                                        replaced by the     Recovery Act (RCRA)
                                                                        numeric height as   (see 40 CFR parts
                                                                        calculated per UL   260-270).
                                                                        60335-2-40. Note
                                                                        that the
                                                                        formatting here
                                                                        is slightly
                                                                        different than UL
                                                                        60335-2-40;
                                                                        specifically, the
                                                                        height in Inch-
                                                                        Pound units is
                                                                        placed in
                                                                        parentheses and
                                                                        the word ``and''
                                                                        has been replaced
                                                                        by the opening
                                                                        parenthesis..
                                                                       b. Immediately      .....................
                                                                        below the
                                                                        markings
                                                                        described in
                                                                        I.(a) or at the
                                                                        top of the
                                                                        marking if (a) is
                                                                        not required:
                                                                        ``Minimum room
                                                                        area (operating
                                                                        or storage), Y
                                                                        m\2\ (Z ft\2\)''.
                                                                        The terms ``Y''
                                                                        and ``Z'' shall
                                                                        be replaced by
                                                                        the numeric area
                                                                        as calculated per
                                                                        UL 60335-2-40.
                                                                        Note that the
                                                                        formatting here
                                                                        is slightly
                                                                        different than UL
                                                                        60335-2-40;
                                                                        specifically, the
                                                                        area in Inch-
                                                                        Pound units is
                                                                        placed in
                                                                        parentheses and
                                                                        the word ``and''
                                                                        has been replaced
                                                                        by the opening
                                                                        parenthesis..
                                                                    (f) For non-fixed      .....................
                                                                     equipment, including
                                                                     portable air
                                                                     conditioners, window
                                                                     air conditioners,
                                                                     packaged terminal
                                                                     air conditioners and
                                                                     packaged terminal
                                                                     heat pumps, on the
                                                                     outside of the
                                                                     product: ``WARNING--
                                                                     Risk of Fire or
                                                                     Explosion--Store in
                                                                     a well ventilated
                                                                     room without
                                                                     continuously
                                                                     operating flames or
                                                                     other potential
                                                                     ignition.''
                                                                    (g) For fixed          .....................
                                                                     equipment, including
                                                                     rooftop units and
                                                                     split air
                                                                     conditioners,
                                                                     ``WARNING--Risk of
                                                                     Fire--Auxiliary
                                                                     devices which may be
                                                                     ignition sources
                                                                     shall not be
                                                                     installed in the
                                                                     ductwork, other than
                                                                     auxiliary devices
                                                                     listed for use with
                                                                     the specific
                                                                     appliance. See
                                                                     instructions.''
                                                                    (h) All of these       .....................
                                                                     markings must be in
                                                                     letters no less than
                                                                     6.4 mm (\1/4\ inch)
                                                                     high.

[[Page 35894]]

 
                                                                    The equipment must     .....................
                                                                     have red Pantone
                                                                     Matching System
                                                                     (PMS) #185 or RAL
                                                                     3020 marked pipes,
                                                                     hoses, or other
                                                                     devices through
                                                                     which the
                                                                     refrigerant passes,
                                                                     to indicate the use
                                                                     of a flammable
                                                                     refrigerant. This
                                                                     color must be
                                                                     applied at all
                                                                     service ports and
                                                                     other parts of the
                                                                     system where service
                                                                     puncturing or other
                                                                     actions creating an
                                                                     opening from the
                                                                     refrigerant circuit
                                                                     to the atmosphere
                                                                     might be expected
                                                                     and must extend a
                                                                     minimum of one (1)
                                                                     inch (25mm) in both
                                                                     directions from such
                                                                     locations and shall
                                                                     be replaced if
                                                                     removed.
----------------------------------------------------------------------------------------------------------------
II. Residential and light       R-32............  Acceptable        This refrigerant may   Applicable OSHA
 commercial air conditioning                       Subject to Use    be used only in new    requirements at 29
 and heat pumps (new only),                        Conditions.       equipment              CFR part 1910 must
 excluding self-contained room                                       specifically           be followed,
 air conditioners.                                                   designed and clearly   including those at
                                                                     identified for the     29 CFR 1910.94
                                                                     refrigerants (i.e.,    (ventilation) and
                                                                     none of these          1910.106 (flammable
                                                                     substitutes may be     and combustible
                                                                     used as a conversion   liquids), 1910.110
                                                                     or ``retrofit''        (storage and
                                                                     refrigerant for        handling of
                                                                     existing equipment     liquefied petroleum
                                                                     designed for other     gases), and
                                                                     refrigerants).         1910.1000 (toxic and
                                                                                            hazardous
                                                                                            substances).
                                                                    These substitutes may  Proper ventilation
                                                                     only be used in air    should be maintained
                                                                     conditioning           at all times during
                                                                     equipment that meets   the manufacture and
                                                                     all requirements in    storage of equipment
                                                                     UL 60335-2-40.1 2 3    containing
                                                                     In cases where this    hydrocarbon
                                                                     appendix includes      refrigerants through
                                                                     requirements more      adherence to good
                                                                     stringent than those   manufacturing
                                                                     of UL 60335-2-40,      practices as per 29
                                                                     the appliance must     CFR 1910.106. If
                                                                     meet the               refrigerant levels
                                                                     requirements of this   in the air
                                                                     appendix in place of   surrounding the
                                                                     the requirements in    equipment rise above
                                                                     UL 60335-2-40          one-fourth of the
                                                                                            lower flammability
                                                                                            limit, the space
                                                                                            should be evacuated
                                                                                            and reentry should
                                                                                            occur only after the
                                                                                            space has been
                                                                                            properly ventilated.
                                                                    The charge size for    Technicians and
                                                                     the equipment must     equipment
                                                                     not exceed the         manufacturers should
                                                                     maximum refrigerant    wear appropriate
                                                                     mass determined        personal protective
                                                                     according to UL        equipment, including
                                                                     60335-2-40 for the     chemical goggles and
                                                                     room size where the    protective gloves,
                                                                     air conditioner is     when handling
                                                                     used.                  flammable
                                                                    The following           refrigerants.
                                                                     markings must be       Special care should
                                                                     attached at the        be taken to avoid
                                                                     locations provided     contact with the
                                                                     and must be            skin which, like
                                                                     permanent:.            many refrigerants,
                                                                                            can cause freeze
                                                                                            burns on the skin.
                                                                                           A class B dry powder
                                                                                            type fire
                                                                                            extinguisher should
                                                                                            be kept nearby.
                                                                                           Technicians should
                                                                    (a) On the outside of   only use spark-proof
                                                                     the air conditioning   tools when working
                                                                     equipment:             on air conditioning
                                                                     ``WARNING--Risk of     equipment with
                                                                     Fire. Flammable        flammable
                                                                     Refrigerant Used. To   refrigerants.
                                                                     Be Repaired Only By
                                                                     Trained Service
                                                                     Personnel. Do Not
                                                                     Puncture Refrigerant
                                                                     Tubing.''.
                                                                    (b) On the outside of  Any recovery
                                                                     the air conditioning   equipment used
                                                                     equipment:             should be designed
                                                                     ``WARNING--Risk of     for flammable
                                                                     Fire. Dispose of       refrigerants. Any
                                                                     Properly In            refrigerant releases
                                                                     Accordance With        should be in a well-
                                                                     Federal Or Local       ventilated area,
                                                                     Regulations.           such as outside of a
                                                                     Flammable              building. Only
                                                                     Refrigerant Used.''    technicians
                                                                    (c) On the inside of    specifically trained
                                                                     the air conditioning   in handling
                                                                     equipment near the     flammable
                                                                     compressor:            refrigerants should
                                                                     ``WARNING--Risk of     service
                                                                     Fire. Flammable        refrigeration
                                                                     Refrigerant Used.      equipment containing
                                                                     Consult Repair         this refrigerant.
                                                                     Manual/Owner's Guide   Technicians should
                                                                     Before Attempting To   gain an
                                                                     Service This           understanding of
                                                                     Product. All Safety    minimizing the risk
                                                                     Precautions Must be    of fire and the
                                                                     Followed.''.           steps to use
                                                                                            flammable
                                                                                            refrigerants safely.
                                                                    (d) For any equipment  Room occupants should
                                                                     pre-charged at the     evacuate the space
                                                                     factory, on the        immediately
                                                                     equipment packaging:   following the
                                                                     ``WARNING--Risk of     accidental release
                                                                     Fire due to            of this refrigerant.
                                                                     Flammable             Personnel
                                                                     Refrigerant Used.      commissioning,
                                                                     Follow Handling        maintaining,
                                                                     Instructions           repairing,
                                                                     Carefully in           decommissioning and
                                                                     Compliance with        disposing of
                                                                     National               appliances with this
                                                                     Regulations''          refrigerant should
                                                                    (e) On the indoor       obtain training and
                                                                     unit near the          follow practices
                                                                     nameplate:.            consistent with
                                                                                            Annex HH of UL
                                                                                            260355-2-40, 3rd
                                                                                            edition.

[[Page 35895]]

 
                                                                       a. At the top of    CAA section 608(c)(2)
                                                                        the marking:        prohibition on
                                                                        ``Minimum           knowingly venting or
                                                                        Installation        otherwise knowingly
                                                                        height, X m (W      releasing or
                                                                        ft)''. This         disposing of
                                                                        marking is only     substitute
                                                                        required if         refrigerants in the
                                                                        required by UL      course of
                                                                        60335-2-40. The     maintaining,
                                                                        terms ``X'' and     servicing, repairing
                                                                        ``W'' shall be      or disposing of an
                                                                        replaced by the     appliance or
                                                                        numeric height as   industrial process
                                                                        calculated per UL   refrigeration.
                                                                        60335-2-40. Note   Department of
                                                                        that the            Transportation
                                                                        formatting here     requirements for
                                                                        is slightly         transport of
                                                                        different than UL   flammable gases must
                                                                        60335-2-40;         be followed.
                                                                        specifically, the
                                                                        height in Inch-
                                                                        Pound units is
                                                                        placed in
                                                                        parentheses and
                                                                        the word ``and''
                                                                        has been replaced
                                                                        by the opening
                                                                        parenthesis..
                                                                       b. Immediately      Mildly flammable
                                                                        below the marking   refrigerants being
                                                                        specified in        recovered or
                                                                        II.(a) or at the    otherwise disposed
                                                                        top of the          of from residential
                                                                        marking if (a) is   and light commercial
                                                                        not required:       air conditioning
                                                                        ``Minimum room      appliances are
                                                                        area (operating     likely to be
                                                                        or storage), Y      hazardous waste
                                                                        m\2\ (Z ft\2\)''.   under the Resource
                                                                        The terms ``Y''     Conservation and
                                                                        and ``Z'' shall     Recovery Act (RCRA)
                                                                        be replaced by      (see 40 CFR parts
                                                                        the numeric area    260-270).
                                                                        as calculated per
                                                                        UL 60335-2-40.
                                                                        Note that the
                                                                        formatting here
                                                                        is slightly
                                                                        different than UL
                                                                        60335-2-40;
                                                                        specifically, the
                                                                        area in Inch-
                                                                        Pound units is
                                                                        placed in
                                                                        parentheses and
                                                                        the word ``and''
                                                                        has been replaced
                                                                        by the opening
                                                                        parenthesis..
                                                                    (f) For fixed          .....................
                                                                     equipment, including
                                                                     rooftop units and
                                                                     split air
                                                                     conditioners,
                                                                     ``WARNING--Risk of
                                                                     Fire--Auxiliary
                                                                     devices which may be
                                                                     ignition sources
                                                                     shall not be
                                                                     installed in the
                                                                     ductwork, other than
                                                                     auxiliary devices
                                                                     listed for use with
                                                                     the specific
                                                                     appliance. See
                                                                     instructions.''
                                                                    (g) All of these       .....................
                                                                     markings must be in
                                                                     letters no less than
                                                                     6.4 mm (\1/4\ inch)
                                                                     high.
                                                                    The equipment must     .....................
                                                                     have red Pantone
                                                                     Matching System
                                                                     (PMS) #185 or RAL
                                                                     3020 marked pipes,
                                                                     hoses, or other
                                                                     devices through
                                                                     which the
                                                                     refrigerant passes,
                                                                     to indicate the use
                                                                     of a flammable
                                                                     refrigerant. This
                                                                     color must be
                                                                     applied at all
                                                                     service ports and
                                                                     other parts of the
                                                                     system where service
                                                                     puncturing or other
                                                                     actions creating an
                                                                     opening from the
                                                                     refrigerant circuit
                                                                     to the atmosphere
                                                                     might be expected
                                                                     and must extend a
                                                                     minimum of one (1)
                                                                     inch (25mm) in both
                                                                     directions from such
                                                                     locations and shall
                                                                     be replaced if
                                                                     removed.
----------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this standard for incorporation by reference under 5 U.S.C.
  552(a) and 1 CFR part 51. 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: www.archives.gov/federal-register/cfr/ibr-locations.html.
\2\ You may obtain this standard from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue;
exception occurred on : 2020-11990.htm
  Bensenville, IL 60106; 2000.com">[email protected]2000.com; 1-888-853-3503 in the U.S. or Canada (other countries dial +1-415-
  352-2168); http://ulstandards.ul.com/ or www.comm-2000.com.
\3\ UL 60335-2-40, Standard for Household And Similar Electrical Appliances--Safety--Part 2- 40: Particular
  Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, Dated November 1,
  2019.

[FR Doc. 2020-11990 Filed 6-11-20; 8:45 am]
BILLING CODE 6560-50-P


