January 30th, 2023
EPA Docket Center
docket identification number EPA–HQ–OAR–2021–0643
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue
NW, Washington, DC 20460.

Dear Sirs,

Our comments on Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain
Hydrofluorocarbons under the American Innovation and Manufacturing Act

The Japan Machinery Center for Trade and Investment (“JMC”) is a non-profit organization.
It was established in December 1952 in accordance with the Japanese Export and Import Trade Law
under the authorization of the Minister of Economy, Trade and Industry of Japan. The objective of theJMC is to engage in activities that enhance the common benefit of member companies and promote
the sound development of international trade and investment by the machinery industry. JMC
comprises member companies engaged in machinery and systems-related exports and foreign
investments such as machinery manufacturers, trading houses and engineering companies. At present,
the total number of JMC member companies is about 240.
Our committee handles environmental and product safety issues regarding products for trade and isstrongly concerned with overseas environment- and product safety-related regulations on products.
From this standpoint, we would like to comment on Phasedown of Hydrofluorocarbons: Restrictions
on the Use of Certain Hydrofluorocarbons under the American Innovation and Manufacturing Act.

Rm. 401, Kikai Shinko Bldg., 3-5-8 Shiba-koen Minato-ku, Tokyo 105-0011, Japan
Tel : 81-3-3431-9230 , Fax : 81-3-3436-6455
E-mail : morikawa@jmcti.or.jp
URL : https://www.jmcti.or.jp

If you have any questions, please feel free to contact our secretariat (Mr. Chiaki Morikawa, E-mail:morikawa@jmcti.or.jp)).

Sincerely yours,

KANNO Yasuhiko
Chairman
Environment Law Committee2Our comments on “Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain
Hydrofluorocarbons under the American Innovation and Manufacturing Act”
We, Japan Machinery Center for Trade and Investment (JMC), would like to express our gratitude
to the U.S. Environmental Protection Agency for inviting comments regarding “Phasedown ofHydrofluorocarbons: Restrictions on the Use of Certain Hydrofluorocarbons under the American
Innovation and Manufacturing Act”
https://www.federalregister.gov/documents/2022/12/15/2022-26981/phasedown-ofhydrofluorocarbons-restrictions-on-the-use-of-certain-hydrofluorocarbons-under
We welcome the proposed regulation as an essential measure to reduce HFCs, which have a highglobal warming potential, and to protect people and the global environment. As a JMC whose members
include machinery and electrical and electronic product manufacturers, we have been working
diligently toward the complete elimination of HFCs. In this context, we have faced challenges in thealternative use of construction and mining equipment and we would submit the following commentson the regulation.

1. Extensions of the grace period for switching to hydrofluoroolefins (HFOs)
We would like to request a change in the switchover date to HFO-based CFCs from MY2026 toMY2032 in the proposed regulation.
2. Application of exemptions(1) We would like to request an indefinite exemption (Full Exemption) for mining equipment, as it isused in harsher conditions than construction equipment. Alternatively, we would like to request anexemption until non-flammable refrigerants are available as an alternative substance.
(2) We would like to request an indefinite Full Exemption for vehicles with low production volumes
by controlling the number of units.
(3) As many long-life vehicles remain on the market for construction and mining equipment, we would
like to request that the HFC-134a supply network remains for the maintenance service of existingvehicles.

3

Background(1) Use of HFC-134a in products
HFC-based CFCs are used in a variety of products, including construction machinery and othervehicles, air conditioners, and refrigerators. Because HFCs have a high global warming potential butare non-flammable, they are used worldwide in many products. The switchover from HFC-134a toHFO-1234yf has been fully investigated technically, but is still in the process of being implemented.
However, in order to enable the use of HFO-1234yf in current and newly developed models, it isnecessary not only to change the design, but also to prepare production facilities and service systems
at customer sites, which requires a great deal of time.
Nevertheless, there is an urgent need in the industry to switch to refrigerants with a low global
warming potential in order to tackle the problem of global warming, and manufacturers are working
hard to achieve this.
(2) Risks posed by the mild flammability of HFO-1234yf and the time frame for addressing these risks
HFC-134a has a high global warming potential, while the alternative CFC, HFO-1234yf, has a low
global warming potential but is mildly flammable. Therefore, there is a risk of vehicle fire whenswitching over. In switching over, a lot of time is necessary to change the design for the following
reasons, and it is not feasible to comply by MY2026.
We believe that it is desirable for the market to postpone until MY2032 due to technical measures toprevent high temperatures around the engines of Heavy-duty vehicles.
Reasons
1) Risk assessments are carried out for each product and model, which requires a lot of time fordesign changes.
2) Many off-road (non-road) vehicles, such as construction equipment, operate in high-risk
environments, such as when handling dust, powder, and other materials that can easily ignite.
Vehicle fires are therefore more likely to occur compared with on-road vehicles.
3) As construction machinery is used in a wide variety of ways, the number of models to deal with,such as design changes, is large, although the production volume is small. Therefore, a lot of timeis needed to respond to all models.
4) Mining equipment is sometimes used in enclosed spaces with high flammability, such as
underground mines, so it is necessary to take measures, including for facilities, which arestipulated in a separate regulation (MSHA). Failure to meet the deadlines would have significant
consequences for users.
(3) Securing the distribution of HFC-134aAs many vehicles using HFC-134a will remain on the market and many vehicles and products will beaffected if distribution is completely discontinued, it is necessary to secure the supply network. Many
more design changes would be required to accommodate existing vehicles and products as well.

43. Conclusion
As mentioned above, it is recognized that HFC-134a is widely used in many countries and industries
because of its unique and stable performance, ensuring the safety of each product. Therefore, it isrequested that due consideration be given to the fact that a lot of time will be required for designchanges to ensure safety when switching to HFO-1234yf and that, with regard to mining equipment, it
may no longer be possible to ensure safety.

End5