# Presentation: 794726

## Barrier Removal Success

- Kristen Taddonio
- Chair, Global Barrier Removal Team
- 13 June 2008

## Barrier Removal Status

- In 2006, EC/US/Japan agreed to remove global barriers to alternative refrigerants’ adoption
- US EPA Team identified US barriers (indicative):
- Department of Transportation accumulator pressure requirements
- State bans on toxic & flammable auto A/C refrigerants
- Occupational Safety and Health Administration (OSHA) requirements for training, personal protective equipment, safe handling, pressure relief devices, equipment inspection, worker exposure, ventilation, and refrigerant storage
- - US EPA Significant New Alternative Program and Toxicity Program review

## U.S. Department of Transportation Waives Pressure Requirement

- “[Air conditioning systems] are an integral component of a motor vehicle and necessary for the operation of the vehicle”... “Based on the information you provided, the air conditioning system...is not subject to the Hazardous Materials Regulation.”
- –John A. Gale, Chief of Standards Development
- US Department of Transportation (DoT) Pipeline and Hazardous Materials Safety Administration
- 11 July 2006

## OSHA, EPA, & SAE Cooperation will Satisfy US Health and Safety Requirements

- SAE J-Standards in progress: “Recommended practice for servicing CO2, HFC-152a and HFC-1234yf mobile air conditioning systems”
- The SAE Standards will meet Occupational Safety and Health Administration (OSHA) requirements for training, personal protective equipment, safe handling, pressure relief devices, equipment inspection, worker exposure, ventilation, and refrigerant storage
***SAE standard are critical to compliance with OSHA Health & Safety Requirements***

## State Barriers Removed, NHTSA Confirms No Additional Barriers Exist

- CO2 may be used in all states *if* safety is demonstrated and SAE standards and recommended practices are followed
- Flammable alternatives listed by SNAP acceptable in all but 7 states where work continues
- The US National Highway Traffic and Safety Administration (NHTSA) confirmed EPA SNAP listed alternative refrigerants acceptable under existing rules

## CO2 Success Depends on SAE

| Connecticut | Department of Motor Vehicles | CO2 would not be considered toxic within the framework of its use as a refrigerant in an automotive air conditioning systems.  In addition, CO2 would be allowed as a refrigerant provided that it is compatible with the components and substances within that system in accordance with SAE International standards and recommended practices. |
| --- | --- | --- |
| Idaho | State Police | CO2 and all other non-flammable refrigerant gases in SAE International J639 standard are and will continue to be authorized for use in Idaho. Idaho is in the process of updating its rules to the most current SAE J639 standard. |
| Indiana | Bureau of Motor Vehicles | Letter referred to the Department of Environment, which responded that CO2 would not be prohibited in MACs. |
| Kansas | Department of Transportation | So long as systems meet federal requirements, no barriers are foreseen. |
| Louisiana | Department of Public Safety | Referred to the Louisiana Department of Environmental Quality, which would not regulate CO2 as toxic.   |
| Maryland | Department of Transportation | Legislative change proposed to allow alternative refrigerants listed as acceptable by the EPA Significant New Alternatives Program, including CO2 |
| North Dakota | Department of Transportation | Letter was passed to the State Department of Health, which indicated it has no restrictions regarding the use of CO2 in motor vehicle air conditioners. |
| Oklahoma | Department of Public Safety | CO2 would not be prohibited for use in vehicle air conditioning systems. |
| Texas | Department of Public Safety | CO2 is not considered a toxic chemical under Texas Health and Safety Code, however, permission to use CO2 as a refrigerant is conditional on compliance with SAE International recommended practices and standards and demonstration of safety. |
| Utah | Department of Public Safety | Federal standards have been incorporated by reference as of March 2008; no barrier to CO2 so long as federal standards are met. |
| Virginia | Department of State Police | They defer to the Federal Health Hazard Definitions, 29 CFR 1910:1200, Appendix A (2005).  CO2 does not meet this definition of toxic.  However, the Code of Virginia requires that equipment meet or exceed the standards and specifications of SAE International, the American National Standards Institute (ANSI), or the Federal Department of Transportation.   |
| Washington | State Patrol & 
Department of Ecology | Washington State would not define carbon dioxide as toxic to humans. |

## Flammable alternatives

- In 2006, 18 states and the District of Columbia had laws that banned flammable refrigerants in MACs
- Barriers removed in all but 7 states for HFC-152a, which is now listed by SNAP

## Barrier removal HFC-1234yf and HFC-152a

| Connecticut | Connecticut Statute § 14-106 | New Law!  Allows refrigerants listed by SNAP. |
| --- | --- | --- |
| Arizona | Revised Statutes § 41 2169  | Arizona law allows any refrigerant approved by U.S. EPA and permits non-hydrocarbon flammable refrigerants like HFC-152a and HFC-1234yf. |
| Iowa | Administrative Code 661—51.102(101)  | Barrier only exists for hydrocarbons. |
| Kansas | Kansas Statute  8-1747 | Working with Department of Transportation to recommend new law |
| Montana | Montana Code Annotated § 61-9-426  | Alternatives automatically approved if approved by U.S. EPA |
| Maryland | Maryland Statute § 22-410 | Department of Environmental Quality proposing new law to allow refrigerants listed by SNAP. |
| Wisconsin | Administrative Code ATCP 139.04(11) | Barrier only exists for hydrocarbons. |
| Arkansas | Arkansas Statue 28.05.011 | Statute no longer exists |
| Texas | Transportation Code 547.610 | Working with Department of Transportation to recommend new law |
| DC | R33 Change 51 738.1 | Law can no longer be found. |
| Virginia | Virginia Code 46.2-1088 | New Law! Allows refrigerants listed by SNAP.  Effective July 1, 2008. |
| Florida | Florida Statutes 325.222 & 325.223 | Does not apply to HFC-152a or HFC 1234yf. |

## 7 to go

| Idaho | Idaho Statute 49-959 | "[Motor vehicle] air-conditioning equipment...shall not contain any refrigerant which is toxic or flammable...." |
| --- | --- | --- |
| Indiana | Indiana Code 9-19-2-1 | "[Motor vehicle] air conditioning equipment shall...not contain a refrigerant that is toxic or flammable...." |
| Louisiana | Louisiana Statute 40:1846(f) | "Mechanical vapor compression refrigeration equipment which is used to cool the driver or passenger compartment of any motor vehicle...shall not contain any refrigerant which is toxic or flammable " |
| North Dakota | North Dakota Code 39-21-45 | "[Motor vehicle] air-conditioning equipment...may not contain any refrigerant which is toxic or flammable." |
| Oklahoma | 47 Oklahoma Statute 12-410 | "[Motor vehicle air conditioning equipment] shall not contain any refrigerant which is toxic or flammable ..." |
| Utah | Administrative Code 41-6-154.10 | "[Motor vehicle air conditioning equipment] shall not contain any refrigerant which is toxic or flammable ..." |
| Washington | Revised Code of Washington 46.37.470 | "[Motor vehicle air conditioning equipment] shall not contain any refrigerant which is toxic or flammable ..."
 |

## Remaining Challenges

- EU has yet to confirm if there are barriers for flammable refrigerants (HFC-1234yf or HFC-152a)
- Legislative vote needed to allow EPA SNAP listed flammable refrigerant in the remaining 7 states
- EPA SNAP and Office of Prevention, Pesticides and Toxic Substances Review not complete for HFC-1234yf
- R744 Final Rule for CO2

## Contact

- For Barrier Removal, contact Kristen Taddonio: _[taddonio.kristen@epa.gov](mailto:taddonio.kristen@epa.gov)_ +1-202-343-9234
- www.epa.gov/cppd/mac
- For SNAP, contact Karen Thundiyil:
- _[Thundiyil.Karen@epa.gov](mailto:Thundiyil.Karen@epa.gov)_ +1-202-343-9464

## Back-up Slides

## States that ban toxic refrigerants

| Connecticut | Connecticut Statute § 14-106 | "[Motor vehicle air conditioning equipment]...shall not contain any refrigerant which is toxic..." |
| --- | --- | --- |
| Idaho | Idaho Statute 49-959 | "[Motor vehicle] air-conditioning equipment...shall not contain any refrigerant which is toxic...." |
| Indiana | Indiana Code 9-19-2-1 | "[Motor vehicle] air conditioning equipment shall...not contain a refrigerant that is toxic...." |
| Kansas | Kansas Statute  8-1747 | "[Motor vehicle] air-conditioning equipment...shall not contain any refrigerant which is toxic..." |
| Louisiana | Louisiana Statute 40:1846(f) | "Mechanical vapor compression refrigeration equipment which is used to cool the driver or passenger compartment of any motor vehicle...shall not contain any refrigerant which is toxic..." |
| Maryland | Maryland Statute § 22-410 | "[Motor vehicle] air conditioning equipment...may not contain any refrigerant that is toxic..." |
| North Dakota | North Dakota Code 39-21-45 | "[Motor vehicle] air-conditioning equipment...may not contain any refrigerant which is toxic..." |
| Oklahoma | 47 Oklahoma Statute 12-410 | "[Motor vehicle air conditioning equipment] shall not contain any refrigerant which is toxic..." |
| Texas | Transportation Code 547.610 | "Vehicle air conditioning equipment may not contain refrigerant that is toxic..." |
| Utah | Administrative Code 41-6-154.10 | "[Motor vehicle air conditioning equipment] shall not contain any refrigerant which is toxic..." |
| Virginia | Virginia Code 46.2-1088 | "...No refrigerant used in [motor vehicle air conditioning units] shall be explosive, flammable, or toxic." |
| Washington | Revised Code of Washington 46.37.470 | "[Motor vehicle air conditioning equipment] shall not contain any refrigerant which is toxic..." |

## CO2 State Barrier Removal

- Approach:
- Investigate definitions of toxic in State
- When no definition exists, identify state authority responsible for implementing the statute
- Inform state authorities of situation, ask if CO2 would be allowed in that state