68026 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–5939–4]

RIN 2060–AF35

Protection of Stratospheric Ozone

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: On July 14, 1992, EPA

published a final rule in the Federal

Register, pursuant to section 609 of the

Clean Air Act, as amended (the Act),

establishing standards and requirements

regarding the servicing of motor vehicle

air conditioners (MVACs) that use

chlorofluorocarbon-12 (CFC–12), a class

I refrigerant, and establishing

restrictions on the sale of small

containers of class I or class II

refrigerants.

Pursuant to section 609(b)(1), today’s

final rule establishes standards and

requirements for the servicing of

MVACs that use any refrigerant other

than CFC–12. Today’s rule also provides that refrigerant (whether CFC–12

or a substitute) recovered from motor

vehicles located at motor vehicle

disposal facilities may be re-used in the

MVAC service sector only if it has been

properly recovered and reclaimed, or if

it has been properly recovered by

persons who are either employees,

owners or operators of the facilities, or

technicians certified under section 609

of the Act, using approved equipment,

and subsequently recycled using

approved refrigerant recycling

equipment prior to use in recharging an

MVAC or MVAC-like appliance. The

rule also establishes conditions under

which owners and operators of motor

vehicle disposal facilities may sell

refrigerant recovered from such vehicles

to technicians certified under section

609 of the act. Finally, the rule

establishes standards for mobile

recovery and recycling service of

MVACs. The rule also clarifies certain

provisions in the existing regulatory

text.

Today’s rule increases industry

flexibility in selecting and purchasing

proper recovery and recycling

equipment by establishing standards for

equipment that recovers and/or recycles

refrigerants other than CFC–12, and by

approving independent testing

organizations that certify such

equipment.

This final action facilitates

compliance with section 608(c)(2) of the

Act, which prohibits venting

refrigerants to the atmosphere. By

promoting the recycling or reclamation

of all refrigerants from MVACs and

MVAC-like appliances, this rule will

help to lower the risk of depletion of the

stratospheric ozone layer and the

possibility of global climate change,

thus diminishing potentially harmful

effects to human health and the

environment, including increased

incidences of certain skin cancers and

cataracts.

DATES: This final rule is effective

January 29, 1998.

ADDRESSES: Comments and materials

supporting this rulemaking are

contained in Public Docket No. A–95–

34 in room M–1500, Waterside Mall

(Ground Floor), U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460. The docket may

be inspected from 8:30 a.m. until 5:30

p.m., Monday through Friday. A

reasonable fee may be charged for

copying docket materials.

FOR FURTHER INFORMATION CONTACT:

Christine Dibble, Stratospheric

Protection Division, Office of

Atmospheric Programs, Office of Air

and Radiation (6205–J), 401 M Street

SW., Washington, DC 20460. (202) 564–

9147 or electronically at

dibble.christine@epamail.epa.gov. The

Ozone Information Hotline at 1–800–

296–1996 can also be contacted for

further information.

SUPPLEMENTARY INFORMATION: The

contents of today’s preamble are listed

in the following outline:

I. Background

A. Statutory Authority; July 14, 1992 Final

Rule and May 2, 1995 Supplemental

Final Rule

B. Venting Prohibition; Application of

Rules to Replacement Refrigerants

II. Summary of Public Participation

III. Summary of Major Public Comments

IV. Today’s Final Rule

A. Service Practices

1. Handling Refrigerant Recovered from

Vehicles Bound for Disposal and Located

at Motor Vehicle Disposal Facilities

2. Mobile Recovery and Recycling

3. Topping Off

4. Recharging Refrigerant Into the Same

Vehicle From Which the Refrigerant was

Extracted

B. Equipment Standards

1. Standard for HFC–134a Recover/Recycle

Equipment

2. Standard for HFC–134a Recover-only

Equipment

3. Standard for Automotive Refrigerant

Recycling Equipment Intended for Use

With Both CFC–12 and HFC–134a

4. Standard for Recover-only Equipment

That Extracts a Single, Specific

Refrigerant other Than CFC–12 or HFC–

134a

C. Substantially Identical Equipment

D. Approved Independent Standards

Testing Organizations

E. Technician Training and Certification

F. Sales Restriction

V. Summary of Supporting Analyses

A. Executive Order 12866

B. Regulatory Flexibility/Fairness to Small

Entities

C. Paperwork Reduction Act

D. Unfunded Mandates Reform Act

E. Submission to Congress and the General

Accounting Office

Entities potentially regulated by this

action are those that service or dispose

of motor vehicle air conditioners.

Regulated categories and entities

include:

Category Examples of regulated

entities

Industry ............... Independent repair shops.

Service stations.

Truck fleet shops.

Collision repair shops.

Franchised repair shops.

New car and truck dealers.

Car and truck rental

shops.

Radiator repair shops.

Vocational technical

schools.

Farm equipment dealers.

Automobile rental and

leasing facilities.

Federal Government.Military repair shops.

Fleet repair shops.

State/Tribal/Local

Government.

Fleet repair shops.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could potentially be regulated by

this action. Other types of entities not

listed in the table could also be regulated. To determine whether your

facility, company, business,

organization, etc. is regulated by this

action, you should carefully examine

the applicability criteria in section 609

of the Clean Air Act and in the

regulations promulgated thereunder at

40 CFR 82.30 et seq. If you have

questions regarding the applicability of

this action to a particular entity, consult

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

I. Background

A. Statutory Authority; July 14, 1992

Final Rule and May 2, 1995

Supplemental Final Rule

Title VI of the Act is designed to

protect the stratospheric ozone layer.

Section 609 of the Act requires the

Administrator to promulgate regulations

establishing standards and requirements
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68027

regarding the servicing of motor vehicle

air conditioners (MVACs). On July 14,

1992, the Agency published a final rule

initially implementing section 609. In

that rule, the Agency prohibited the

repair or servicing of any MVAC for

consideration if such repair or servicing

involved the air conditioner refrigerant,

unless performed by a trained and

certified technician who properly uses

approved refrigerant recycling

equipment. The Agency also prohibited

the sale or distribution of any class I or

class II substance (i.e., CFC or HCFC)

suitable for use in an MVAC that is in

a container of less than 20 pounds, to

anyone other than a properly trained

and certified section 609 technician.

The July 14, 1992 final rule defined

‘‘approved refrigerant recycling

equipment’’ as equipment that recovers

and recycles CFC–12 refrigerant and

purifies the refrigerant on-site, and that

is certified by the Administrator or by

an independent standards testing

organization approved by the Agency as

meeting the standards set forth in

appendix A in the rule.

The regulatory equipment standards

are based on those developed by the

Society of Automotive Engineers (SAE)

and cover service procedures for

recovering CFC–12 (SAE J1989, issued

in October 1989), test procedures to

evaluate CFC–12 recover/recycle

equipment (SAE J1990, issued in

October 1989 and revised in 1991) and

a purity standard for recycled CFC–12

refrigerant (SAE J1991, issued in

October 1989). CFC–12 recycling

equipment was also considered

approved if it was purchased before

September 4, 1991 (the date on which

the July 14, 1992 rule was proposed),

and is substantially identical to the

certified equipment. Only equipment

certified to meet the standards set forth

in appendix A, or to meet the criteria for

substantially identical equipment, was

approved under section 609 of the Act

for use in the servicing of motor vehicle

air conditioners.

The July 14, 1992 rule also

established standards by which (i) an

independent standards testing

organization may apply to the Agency

for approval to test and approve

refrigerant recycling equipment, and (ii)

a training and certification program may

apply to the Agency for approval to

train and certify technicians in the

proper use of refrigerant recycling

equipment for MVACs. Underwriters

Laboratories (UL) and ETL Testing

Laboratories (ETL) are the approved

independent standards testing

organizations that currently certify

equipment using the standards that

appear in appendix A of the rule.

Finally, the rule established various

recordkeeping and reporting

requirements.

As stated above, section 609 prohibits

the sale or distribution of any class I or

class II substance suitable for use in an

MVAC that is in a container of less than

20 pounds to anyone other than a

properly trained and certified section

609 technician. It should be noted,

however, that EPA expanded this

prohibition in the regulations published

on May 14, 1993 at 58 FR 28712 under

section 608 of the Act (40 CFR

82.154(n)), which prohibits the sale as

of November 14, 1994 of any size

container of a class I or class II

substance, including refrigerant blends

that include class I or class II

substances, to other than technicians

certified under section 608 or section

609 of the Act.

The July 14, 1992 rule reserved

standards for equipment that extracts

but does not recycle CFC–12 refrigerant

(recover-only equipment) in Appendix

B to the rule. On May 2, 1995, EPA

published a final rule establishing

regulatory standards, again based on

standards developed by SAE, which

apply to certification of CFC–12 recoveronly equipment. Specifically, for

recover-only equipment, the Agency

adopted (i) the recommended service

procedure for the containment of CFC–

12 (SAE J1989, issued in October 1989

and set forth in appendix A), and (ii)

test procedures to evaluate recover-only

equipment (SAE J2209, issued in June

1992). The definition of ‘‘approved

refrigerant recycling equipment’’ was

also expanded to include this recoveronly equipment. UL and ETL were also

approved to certify recover-only

equipment. Finally, service technicians

previously certified to handle recover/

recycle equipment were grandfathered

so that they would not have to be

recertified to handle recover-only

equipment.

B. Venting Prohibition; Application of

Rules to Replacement Refrigerants

Many replacement refrigerants for

CFC–12 in automotive applications are

blends of chemicals that include HCFCs,

which are class II substances. As class

II blends, these refrigerants have been

subject since the inception of the Title

VI requirements to all of the same rules

and restrictions that apply to CFC–12:

they may not be vented into the

atmosphere; they may only be

purchased by certified technicians, and

in small cans only by section 609

certified technicians; and they must be

recovered by section 609 certified

technicians and either recycled on-site

or reclaimed off-site prior to reuse.

Today’s rule establishes a standard for

equipment that extracts such blends but

does not recycle them. EPA is currently

working with the industry to determine

what standard is appropriate for

equipment that can safely recycle these

blend refrigerants.

Because HFC–134a is a non-ozonedepleting chemical, and is therefore not

classified as a class I or class II

substance, the regulations set forth

under Title VI of the Act governing its

use are somewhat different. Section 609

of the Act defines ‘‘refrigerant’’ so that,

beginning on November 15, 1995, the

term includes any substance that

substitutes for a class I or II substance

used in an MVAC. Section 608 of the

Act provides that, beginning on

November 15, 1995, any substance

substituting for a class I or class II

substance may not be vented into the

atmosphere. Therefore, on that date, it

became illegal to vent HFC–134a, even

though it does not contribute to ozone

depletion. (Venting of CFC–12

substitutes that contain class II

substances was already prohibited.)

Because venting was prohibited,

recovery of HFC–134a has been de facto

required since November 15, 1995.

Recycling HFC–134a in approved

equipment, however, has not been

required. The publication today of

standards for equipment that recovers

and recycles HFC–134a initiates a

requirement to recycle HFC–134a,

beginning on the effective date of this

rule. A summary of today’s rule is set

forth in section IV below.

II. Summary of Public Participation

During the public comment period,

the Agency received 27 sets of

comments that are addressed in this

action. In addition, EPA received and

considered additional comments

submitted to the Agency after the thirtyday comment period ended. All

comments considered in this final

action are contained in the Air Docket.

No commenter requested a public

hearing.

III. Summary of Major Public

Comments

This rule was originally proposed for

public comment in the March 6, 1996

Federal Register (61 FR 9014).

Comments to this rule were submitted

between March 6, 1996 and April 5,

1996. The vast majority of comments

discussed the proposed clarification of

required service practices for motor

vehicle disposal facilities. The

remainder of comments addressed the

proposed service practices for mobile

recovery and recycling; the standards

for recovery and recycling equipment
68028 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

designed for use with HFC–134a or

other replacement refrigerants; training

and certification of technicians; and

potential future restrictions on the sale

of HFC–134a.

Several commenters disagreed with

certain minor technical provisions

contained in the Society of Automotive

Engineers (SAE) standards that are being

adopted in this rule. Some of these

comments will be addressed in more

detail below. None of these comments is

being incorporated by the Agency in

today’s rule, however, because in all

instances, the Agency believes that the

value of EPA legally mandating exactly

the same standards previously adopted

on a wide scale by the automotive

service industry outweighs any benefit

brought by incorporating the minor

changes suggested. A legally mandated

standard adopted by EPA that is

different from a widely used voluntary

industry standard would cause

significant confusion within the affected

industry.

For example, one commenter

requested that labels for recovery/

recycling equipment state ‘‘Caution—

Should Be Operated by Qualified

Personnel’’ rather than ‘‘Caution—

Should Be Operated by Certified

Personnel.’’ The commenter correctly

pointed out that owners and operators

of salvage yards and other automotive

recycling facilities are qualified under

Title VI to handle recovery/recycling

equipment, but are not certified

technicians. If EPA adopted this

provision into its standard, however,

then equipment labels would have to

contain both statements, if the labels

were to meet both the voluntary

industry standard set forth by SAE, and

the mandated standard promulgated by

EPA. The resulting label would only

serve to confuse anyone reading it. The

Agency believes that the benefit of

making the label slightly more accurate

is outweighed by the advantages

brought by consistency between

industry and government standards.

Commenters generally supported the

proposed standards for recovery and

recycling equipment, and for the

training and certification of technicians,

and very strongly supported EPA’s

proposal to explicitly permit the use of

mobile recovery and recycling

equipment to service MVACs.

Commenters extensively discussed

the proposed clarification of EPA

regulations governing who may recover

refrigerant from motor vehicles bound

for disposal, who may purchase such

refrigerant, and under what conditions

such refrigerant may be re-used. In

general, the commenters either

supported the proposed standards that

would allow owners, operators, and

employees of motor vehicle disposal

facilities to recover and sell to section

609 technicians refrigerants recovered

from motor vehicles destined for

disposal, or claimed that the proposed

standards, as written, would not serve to

protect the national refrigerant supply

or the environment because they would

allow untrained technicians to service

and sell refrigerants in the marketplace.

Those supporting the proposed

changes/clarification claimed that both

motor vehicle disposal facilities and

service technicians who install

refrigerants in MVAC systems have an

economic stake in ensuring that

refrigerants are properly identified,

recovered, handled, recycled or

reclaimed, and installed. The supporters

also suggested that the rule would

increase the value of the refrigerant to

motor vehicle disposal facilities by

decreasing shipping costs and

increasing the number of buyers for

recovered refrigerant. Those

commenters who did not fully support

the proposed rule asserted that training,

certification, and refrigerant

identification requirements, as well as

specific sales prohibitions, should be

incorporated into the rule to better

protect the refrigerant supply and the

environment. They felt that untrained

operators would be more likely to vent

refrigerants and cause contamination

problems, and that the minimal training

expense, in combination with the

increasing need to become informed

regarding recently commercialized

substitute refrigerants, warrant a

training requirement for individuals

involved with refrigerant recovery and

subsequent sales. As a consequence, a

large number of commenters urged EPA

to require owners, operators and

employees of motor vehicle disposal

facilities to become certified technicians

under section 609 of the Act in order to

recover refrigerant from MVAC systems.

Several commenters also requested that

the Agency require that any refrigerant

recovered from MVACs at motor vehicle

disposal facilities be sent directly to a

reclaimer, as is currently required for

refrigerant recovered from stationary

equipment such as household

refrigerators and air conditioners, when

that equipment is to be dismantled and

salvaged. The major comments to the

proposal will be discussed in further

detail below.

EPA’s responses to specific comments

are set forth in section IV, Today’s Final

Rule, below.

IV. Today’s Final Rule

Today’s rule further implements

sections 608 and 609 of the Act. This

section of the preamble reviews the

elements of the rule and addresses the

major comments to those elements.

Specifically, the regulations:

(i) Explicitly permit, under specified

conditions, technicians certified under

section 609 of the Act who recover

refrigerant (whether CFC–12 or a

replacement) from motor vehicles

located at disposal facilities and bound

for disposal and who recycle that

refrigerant to use the refrigerant to

charge or recharge an MVAC or MVAClike appliance. It also explicitly permits,

under specified conditions, owners or

operators of motor vehicle disposal and

recycling facilities, salvage yards, scrap

recyclers, landfills or other motor

vehicle disposal facilities where such

vehicles may be located, to sell

refrigerant recovered from such vehicles

(whether CFC–12 or a replacement) to

section 609 certified technicians

without recycling the recovered

refrigerant. These conditions are as

follows:

(a) Any refrigerant that is extracted

from an MVAC or an MVAC-like

appliance bound for disposal and

located at a motor vehicle disposal

facility may not be subsequently used to

charge or recharge an MVAC or MVAClike appliance, unless, prior to such

charging or recharging, the refrigerant is

either (1) recovered and reclaimed in

accordance with the regulations

promulgated in subpart F (the section

608 regulations), or (2) recovered using

approved refrigerant recycling

equipment dedicated for use with

MVACs and MVAC-like appliances,

either by a technician certified under

section 609, or by an employee, owner,

or operator of the disposal facility, and

subsequently recycled by the facility

that charges or recharges the refrigerant

into an MVAC or MVAC-like appliance,

using approved refrigerant recycling

equipment in accordance with any

applicable recommended service

procedures.

(b) Any class I or class II substance

extracted from an MVAC or an MVAClike appliance bound for disposal and

located at a motor vehicle disposal

facility, which is not recovered and

reclaimed in accordance with the

section 608 regulations, may be sold

prior to its subsequent re-use only to a

section 609 certified technician.

(c) Any section 609 certified

technician who obtains such a class I or

class II substance may subsequently reuse such refrigerant only in an MVAC

or MVAC-like appliance, and only if it

has been reclaimed or properly

recycled.

(ii) Revise the definition of ‘‘properly

using’’ to explicitly permit and establish
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68029

standards for mobile recovery and

recycling service of MVACs;

(iii) Clarify that the definition of

‘‘service involving refrigerant’’ includes

service performed by facilities that

charge refrigerant into vehicles but do

not perform any other kind of refrigerant

servicing or repair (i.e., facilities that

‘‘top off’’ only);

(iv) Further clarify that ‘‘properly

using’’ recover/recycling equipment

entails recycling refrigerant prior to

recharging it into a vehicle, even if the

vehicle is the same vehicle from which

the refrigerant was extracted;

(v) Establish a standard for recover/

recycle equipment that extracts and

recycles HFC–134a from MVACs;

(vi) Establish a standard for recoveronly equipment that extracts HFC–134a

from MVACs;

(vii) Establish a standard for recoveronly equipment designed to extract a

single, specific refrigerant other than

CFC–12 and HFC–134a;

(viii) Establish a standard for recoverrecycle equipment that extracts and

recycles both CFC–12 and HFC–134a

using a common refrigerant circuit;

(ix) Revise the requirements for

Agency approval of independent

standards testing organizations to

include certification of recover/recycle

and recover-only equipment designed to

service MVAC systems that use

refrigerants other than CFC–12; and

(x) Revise the criteria for approval of

technician training and certification

programs to reflect the use of recover/

recycle and recover-only equipment

designed to service MVAC systems that

use refrigerants other than CFC–12.

In addition, in this notice EPA

describes its intention to grandfather

technicians currently certified under

section 609, so that they will not need

to be recertified to operate recover/

recycle and recover-only equipment

designed to service MVAC systems that

use refrigerants other than CFC–12.

A. Service Practices

Today’s rule clarifies the Agency’s

position on four types of refrigerant

service that have not previously been

explicitly addressed in the section 609

regulations: (i) The recovery of

refrigerant from motor vehicles located

at a motor vehicle disposal facility and

bound for disposal, and the subsequent

purchase and re-use of such refrigerant;

(ii) mobile recovery and recycling

service, i.e., service in which approved

recover-only or recover/recycle

equipment is transported to the location

of an MVAC for servicing by a certified

technician; (iii) service performed by

facilities that charge refrigerant into

vehicles but do not perform any other

kind of refrigerant servicing or repair

(i.e., facilities that ‘‘top off’’ only); and

(iv) service that involves recharging

refrigerant into the same vehicle from

which that refrigerant was extracted.

The service practice regulations being

promulgated today for MVACs also

apply to MVAC-like appliances (such as

air-conditioning systems in off-road

equipment such as tractors and other

farm equipment, construction

equipment, and mining and quarry

equipment, that meet the definition of

MVAC-like appliances set forth in 40

CFR 82.152). MVAC-like appliances

have traditionally been governed under

section 608 of the Act rather than under

section 609. However, the section 608

regulations contained in subpart F that

apply to MVAC-like appliances

generally refer back to the section 609

standards contained in subpart B. For

example, § 82.156(a)(5) states that

persons opening MVAC-like appliances

for maintenance, service or repair may

do so only when properly using

equipment pursuant to § 82.32(e), and

§ 82.158 (a) and (f) state that

manufacturers of recycling equipment

used to service or repair MVAC-like

appliances must have the equipment

certified pursuant to § 82.36(a).

Because MVAC-like appliances have

been ostensibly governed under section

608, EPA stated in the proposal to this

rule that service practice regulations

governing MVAC-like appliances,

similar to those in today’s rule that

govern MVACs, would be proposed and

finalized in a separate rulemaking that

amends section 608. Since the

publication of the proposal to today’s

rule, however, EPA has determined that

those service practice regulations that

apply to MVAC-like appliances should

be contained in today’s final rule, rather

than in the section 608 rule. The Agency

is making this change for a number of

reasons.

Practically speaking, EPA’s changes to

the regulations will have the same

actual effect on the servicing of MVAClike appliances, no matter whether the

changes are made under the section 609

regulations or the section 608

regulations. At the time of the

publication of the proposal to today’s

rule, EPA believed that the proposal and

final rule in this separate section 608

rulemaking would be published at about

the same time as this section 609 rule.

The changes to the section 608

regulations that include the new service

practice regulations governing MVAClike appliances would therefore take

effect on or about the effective date of

the changes to the section 609

regulations that include new service

practice regulations governing MVACs.

The intended schedule for the section

608 rulemaking has been delayed,

however, so that today’s final rule under

section 609 will most likely be

published before the proposal for the

section 608 rule is published. EPA’s

publication of the service practice

regulations that govern MVAC-like

appliances under subpart F would

create a disparity when identical

changes in the service practice

regulations would affect MVACs and

MVAC-like appliances; regulations that

affect MVACs on the effective date of

today’s rule would most likely not affect

MVAC-like appliances for a year or

more.

EPA believes that such a delay would

create confusion within the motor

vehicle service industry, a large segment

of which services both MVACs and

MVAC-like appliances. Some

automotive recyclers may also receive

both MVACs and MVAC-like appliances

on their lots and may therefore be

recovering refrigerant from both MVACs

and MVAC-like appliances before they

are dismantled, crushed or otherwise

disposed of. Having different rules in

place for MVACs and MVAC-like

appliances complicates efforts by these

persons to comply with EPA

regulations.

In addition, EPA believes that a delay

in implementing these rules, as they

apply to MVAC-like appliances, will be

viewed with concern by servicers of

MVAC-like appliances found in nonroad motor vehicles, such as those

appliances in farm and heavy-duty

equipment. The farm equipment and

heavy-duty equipment industries have

long expressed to EPA their frustration

at understanding how MVAC-like

appliances are governed under Title VI

of the Act. EPA believes that publishing

the service practice regulations under

subpart F, thereby incurring a delay of

a year or more in their implementation,

would not serve the interest of these

industries, and that the service practice

regulations promulgated today should

clarify to these affected sectors how

MVAC-like appliances are regulated

under Title VI.

Finally, EPA believes that it makes

more sense to state in the subpart B

regulations than in the subpart F

regulations how these service practice

regulations apply to MVAC-like

appliances, because in most practical

respects, EPA regulations treat MVAClike appliances more like MVACs than

like refrigerators, freezers, chillers and

other stationary/commercial appliances.

EPA established the links between the

provisions governing MVACs and those

governing MVAC-like appliances

because EPA believed that the
68030 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

1Sections 82.154 (g) and (h) also permit a third

option for used class I and class II refrigerants: They

may be sold in an appliance without prior

reclamation. Interested parties should note that

although § 82.154 (g) and (h) were formerly effective

only until December 31, 1996, a final rule published

in the Federal Register on December 27, 1996 at 61

FR 68506 extends these provisions indefinitely.

similarities in design and servicing

patterns between MVACs and MVAClike appliances argue for parallel

requirements for both sets of appliances.

The argument for parallel coverage of

MVACs and MVAC-like appliances was

discussed at length in the May 14, 1993

section 608 rule at 58 FR 28686. EPA

continues to believe this, and

specifically believes that the rationale

for clarifying and changing the

requirements under the section 609

regulations as they apply to MVACs also

holds for MVAC-like appliances.

Interested parties should note that the

section 608 regulations currently define

‘‘appliances,’’ including ‘‘MVAC-like

appliances,’’ to include only devices

that contain and use class I or class II

substances, so that as of today, MVAClike appliances by definition do not

include any air-conditioning systems in

off-road equipment if those systems use

HFC–134a or other non-ozone-depleting

substances. Off-road vehicles that

contain MVAC-like appliances that use

non-ozone-depleting refrigerants are

today subject only to the section 608

venting prohibition; other Title VI

regulations will only apply to these

vehicles when the definition of

‘‘appliance’’ is expanded to include

devices that use non-ozone-depleting

substances as refrigerants. EPA is

currently undertaking a rulemaking to

expand the scope of the 608 regulation

to include substitutes for class I and

class II substances, but this rulemaking

has not yet been proposed. This

rulemaking would amend the definition

of ‘‘appliance,’’ so that the term

includes non-ozone-depleting

refrigerants. If and when that expanded

definition becomes effective, MVAC-like

appliances that contain non-ozonedepleting refrigerants would be subject

to the service practice regulations

promulgated today.

1. Handling Refrigerant Recovered From

Vehicles Bound for Disposal and

Located at Motor Vehicle Disposal

Facilities

Since the publication of the July 14,

1992 section 609 final rule, EPA has

received an increasing number of

questions concerning the handling of

refrigerants from MVACs and MVAClike appliances bound for disposal and

located at motor vehicle disposal

facilities. Many owners of motor vehicle

disposal facilities have assumed that

recovered refrigerant must be sent offsite for reclamation, while others have

assumed that they may sell the

refrigerant to any interested purchaser.

In response to the increasing cost of

CFC–12, some automotive service

technicians have begun to recover

refrigerant from motor vehicle disposal

facilities for use in their own service

facilities. In addition, owners and

operators of motor vehicle disposal

facilities have been recovering

refrigerant from automobiles and selling

it to automotive service technicians. The

rule promulgated today clarifies that the

Agency permits the return of refrigerant

to the MVAC service sector without

prior reclamation, as long as certain

requirements are met during their

performance.

Sections 608 and 609 of the Clean Air

Act and the regulations adopted by EPA

prior to today at 40 CFR part 82,

Subparts B and F (i.e., the section 609

and 608 regulations) have addressed to

some degree activities involving

recovery and sale of refrigerant from

MVACs and MVAC-like appliances at

motor vehicle disposal facilities.

Regulations promulgated under Section

608 of the Clean Air Act, which has as

one of its goals ensuring the purity of

refrigerant that flows back into the

stationary/commercial sector, require

the recovery of all refrigerant located in

appliances destined for disposal.

Section 608 regulations also require that

unless refrigerant is recovered from an

MVAC and reused in the MVAC service

sector, it must be reclaimed. However,

if refrigerant has been recovered from an

MVAC destined for disposal, and if the

refrigerant is then reused in the MVAC

service sector, the regulations

promulgated under section 608 are

silent with respect to how that

refrigerant must be handled prior to

such reuse.

Section 82.154(f) of the regulations

requires that persons who take the final

step in the disposal process must

recover any remaining refrigerant in

accordance with applicable

requirements and requires that persons

who recover refrigerant from MVACs

and MVAC-like appliances for purposes

of disposal must certify to the

Administrator that they have acquired

equipment that meets such standards.

Section 82.156(g) requires that all

persons recovering refrigerant from

MVACs and MVAC-like appliances for

purposes of disposal must reduce the

pressure of the system to or below 102

mm (four inches) of mercury vacuum,

using equipment that meets the

requirements of § 82.158(l). In addition,

§ 82.154 (g) and (h) require that persons

cannot sell used class I or class II

refrigerant unless it has first been

reclaimed by a certified reclaimer, or

unless the refrigerant was used only in

an MVAC or MVAC-like appliance and

will be used only in an MVAC or

MVAC-like appliance.1 Section

82.154(m) prohibits persons from selling

or distributing any class I or class II

substance for use as a refrigerant unless

the purchaser is a technician certified

under section 608 or 609. (Although

there are exceptions to this sales

restriction, the exceptions do not apply

to sales of refrigerant from motor vehicle

disposal facilities.) These provisions

were adopted pursuant to section 608 of

the Act. Any servicing of an MVAC or

MVAC-like appliance with refrigerant

recovered from a motor vehicle disposal

facility would also be subject to the

various equipment standards and use

restrictions set forth in 40 CFR part 82,

subparts B and F.

Neither the subpart F regulations nor

the subpart B regulations, however,

explicitly and specifically address, in a

single, central location, who may

recover refrigerant from motor vehicles

bound for disposal, who may purchase

such refrigerant, and under what

conditions such refrigerant may be reused. Today’s rule is intended to

supplement the existing piecemeal

requirements so that automotive

recyclers and dismantlers, and

automotive service technicians, will be

able to follow a clear and complete set

of EPA regulations concerning the

recovery and re-use of refrigerants from

MVACs and MVAC-like appliances

located at motor vehicle disposal

facilities. At the same time, the

provisions contained in today’s rule

should minimize the discharge of

ozone-depleting refrigerants into the

atmosphere and provide for the proper

recycling or reclamation of the

refrigerants prior to their use in

servicing MVACs or MVAC-like

appliances. EPA intends to propose

similar regulations under section 608 of

the Act to provide an incentive for the

recovery and re-use of non-ozonedepleting refrigerants from MVAC-like

appliances located at motor vehicle

disposal facilities, so that these

refrigerants are properly recycled or

reclaimed prior to their use in servicing

MVACs or MVAC-like appliances.

The Agency believes that recovery

and recycling of refrigerant from

MVACs bound for disposal and located

at disposal facilities will be more

economically attractive to the

automotive service technician and the

motor vehicle disposal facility operator
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68031

if the sale or re-use of unreclaimed

refrigerant is explicitly permitted. The

service technician may be able to

purchase refrigerant for a lower price

from a motor vehicle disposal facility

than from other suppliers of reclaimed

refrigerant. Because of this economic

incentive, technicians will seek

salvaged MVACs. In addition, motor

vehicle disposal facility owners and

operators may profit by selling

refrigerant directly to technicians, or by

charging technicians fees for the

opportunity to recover refrigerant at the

facility, creating other economic

incentives in the refrigerant recycling

chain. The Agency believes that

encouraging these activities will

increase the value of refrigerant to the

person recovering it, thereby reducing

the amount of refrigerant that either

leaks out of MVACs while they await

disposal or is purposely vented during

the process of disposal.

Today’s rule adds a definition of

‘‘motor vehicle disposal facility’’ at

§ 82.32(i) and adds a new § 82.34(d).

The effect of these changes is that if

refrigerant from MVACs bound for disposal and located at disposal facilities is

destined for re-use in the MVAC service

sector without prior reclamation, it must

be recovered by a certified technician or

by a motor vehicle disposal facility

owner, operator, or employee. Such

persons will be able to transfer the

refrigerant off-site for recycling and

charging into an MVAC or MVAC-like

appliance, in accordance with the

conditions described in this rule.

Section (a) discusses the definition of

motor vehicle disposal facility, section

(b) discusses who may recover

refrigerant from such a facility, and

section (c) discusses what kind of

equipment must be used to recover

refrigerant at such a facility. Section (d)

discusses who may purchase refrigerant

recovered from a motor vehicle disposal

facility, section (e) discusses subsequent

use of refrigerant after it has left the

facility, and section (f) discusses

recordkeeping and reporting

requirements.

After publishing the proposal to

today’s rule, and reviewing the

comments on that proposal, the Agency

considered at length where the

proposed regulations most sensibly

belong: Under subpart F (the regulations

previously promulgated under section

608 of the Act), which governs the safe

disposal of refrigerants and includes

regulations that mandate what type of

equipment must be used to recover

refrigerant at motor vehicle disposal

facilities, or under subpart B (the

regulations previously promulgated

under section 609 of the Act), which

governs the servicing of motor vehicle

air conditioning and includes

regulations that mandate what type of

equipment must be used to recycle

refrigerant prior to re-use in a motor

vehicle.

EPA believes that if the refrigerant

recovered at a motor vehicle disposal

facility is destined for re-use in the

MVAC service sector without prior

reclamation, then the regulations

governing the recovery and re-use of

that refrigerant should be located in

subpart B. With the regulations adopted

today, the regulations in subpart B are

based in large part on section 609, but

contain a few provisions based on

section 608. If, on the other hand, the

refrigerant recovered at a motor vehicle

disposal facility is sold or otherwise

transferred to a reclaimer and

subsequently re-used in any

refrigeration and air-conditioning sector,

then the regulations governing the

recovery and re-use of that refrigerant

are found in subpart F. This regulatory

framework will effectively preclude

storing refrigerant bound for re-use in

the MVAC service sector without prior

reclamation together in the same

container with refrigerant destined for a

reclaimer prior to re-use.

With some exceptions described

below (notably recordkeeping

requirements), the recovery of

refrigerant destined for re-use in the

MVAC service sector without prior

reclamation is governed by the

regulations described in today’s rule.

All of the regulations that govern the

recovery of class I and class II

refrigerants bound directly for a

reclaimer are already in place, in the

current subpart F regulations, and the

subpart F regulations will in the future

incorporate rules that govern the

recovery of non-ozone-depleting

refrigerants bound for reclamation.

Within each section below, the

discussion will be framed around

whether the refrigerant is bound for

direct re-use in the MVAC service

sector, or whether it is bound for

reclamation. Each section below will

explain which regulatory text under

subpart F and/or subpart B applies in

each situation.

a. Definition of motor vehicle disposal

facility: The proposed rule added a new

term, ‘‘motor vehicle disposal facility,’’

defined in § 82.32(i). The proposed

definition stated that motor vehicle

disposal facility means ‘‘any

commercial facility that engages in

motor vehicle disposal, dismantling or

recycling, including but not limited to

scrap yards, landfills, and salvage yards

engaged in such operations. Motor

vehicle repair facilities, including

collision repair facilities, are not

considered motor vehicle disposal

facilities.’’ Few commenters suggested

changes to the definition. One

commenter requested that EPA include

in the definition mobile car crushers,

vehicle dismantlers, certified scrap

processors, and itinerant vehicle

collectors, which are businesses

separately categorized and registered in

New York State. EPA believes that the

existing definition is sufficiently broad

to encompass these kinds of businesses,

and that the types of businesses

explicitly listed in the definition need

not be exhaustive. A second commenter

suggested replacing the term ‘‘salvage

yards’’ with ‘‘automotive recycling

facilities,’’ since the commenter

believed that ‘‘salvage yard’’ does not

properly identify the automotive

recycling industry. EPA in response has

added the term ‘‘automotive recycling

facilities,’’ but has not deleted the term

‘‘salvage yards,’’ since facilities that

characterize themselves as salvage yards

but not necessarily as automotive

recycling facilities may engage in

refrigerant recovery.

EPA has also changed the definition

to make more clear that facilities that

dismantle or dispose of both MVACs

and MVAC-like appliances are covered

under the definition. It should be noted,

however, that the regulations set forth in

today’s rule concerning handling

refrigerant recovered from vehicles

bound for disposal do not apply to

recovery of refrigerant from an MVAC or

MVAC-like appliance that is performed

outside of a motor vehicle disposal

facility. So, for example, if a piece of

heavy-duty equipment such as mining

equipment that is at the end of its useful

life is dismantled at the mine site, then

the mine site is not considered a motor

vehicle disposal facility.

b. Persons who may recover

refrigerant from MVACs at motor

vehicle disposal facilities: Neither the

subpart F regulations nor the current

subpart B regulations restrict who may

recover refrigerant from an MVAC or

MVAC-like appliance before it is

disposed of or dismantled. This

continues to be the case for refrigerant

recovered from an MVAC or MVAC-like

appliance if the refrigerant is then sold

or otherwise transferred to a reclaimer.

If, on the other hand, the refrigerant

is bound for re-use in the MVAC (or

MVAC-like appliance) service sector

without being reclaimed first, then

today’s rule applies. Specifically, the

rule adds a new requirement, set forth

in § 82.34(d), that if any refrigerant

recovered from an MVAC or MVAC-like

appliance at a motor vehicle disposal

facility is to be returned to the MVAC
68032 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

service sector for re-use without prior

reclamation, then the person recovering

it must be either an owner, operator or

employee of the facility (or a contractor

to the facility), or a section 609 certified

technician.

With respect to class I and class II

substances bound for direct re-use in the

MVAC or MVAC-like appliance service

sector, sections 608 (a) and (b) authorize

the restriction on who may recover

refrigerant. Under section 608, the

Administrator may prescribe standards

and equipment regarding the use and

disposal of MVACs and MVAC-like

appliances containing class I or II

substances, in order to reduce the use

and emissions of these substances to the

lowest achievable level, and to

maximize the recapture and recycling of

these substances. The Administrator

also may establish standards and

requirements regarding the safe disposal

of these substances.

Although sections 608 (a) and (b)

authorize the restriction on who may

recover refrigerant from a motor vehicle

disposal facility with respect to class I

or II substances, these sections do not

directly require regulation of the use of

non-ozone-depleting substitute

refrigerants. Section 608(c)(2), however,

does prohibit intentional venting or

release of such substitutes during the

maintenance, repair, service or disposal

of an appliance where the refrigerant

may enter the environment, unless the

Administrator has determined that such

venting, release, or disposal does not

pose a threat to the environment. This

venting prohibition is self-effectuating,

and went into effect on November 15,

1995 with respect to substitutes for class

I or class II substances. De minimis

releases associated with any good faith

efforts to recapture and recycle or safely

dispose of the refrigerant are not subject

to this prohibition as long as those

efforts are performed by persons who

are authorized under the regulations to

recover refrigerant. Releases associated

with recovery that does not comply with

the regulations, such as releases by

persons who are not authorized under

the regulations to perform refrigerant

recovery, are not considered de minimis

or accidental but rather intentional and

knowing.

In today’s rulemaking, EPA is

defining the kind of recovery and

recycling practices that must be

followed in order to avoid violating the

section 608 prohibition on knowingly

venting substitutes for class I or class II

refrigerants. The requirement that only

a section 609 certified technician or an

owner, operator, or employee of a motor

vehicle disposal facility may extract the

substitute refrigerant from an MVAC or

an MVAC-like appliance at a motor

vehicle disposal facility, if the

refrigerant is not reclaimed prior to reuse, is a reasonable exercise of this

authority. By permitting only these

persons to recover non-ozone-depleting

refrigerants, EPA is reducing the

possibility that these refrigerants will be

knowingly vented. Persons who have

not been trained in the proper methods

of recovering refrigerant from an MVAC

or MVAC-like appliance system are

more likely to vent refrigerant in the

process of extracting it, and are less

likely to know how to protect the purity

of the refrigerant. Allowing these

persons to recover class I and class II

refrigerants at motor vehicle disposal

facilities would not be consistent with

the Agency’s mandate to establish

requirements that maximize the

recapture and recycling of class I and

class II refrigerants. Allowing them to

recover substitute refrigerants would not

be consistent with the section 608(c)

venting prohibition.

The Act currently permits owners,

operators and employees of motor

vehicle disposal facilities to recover

refrigerants from MVACs and MVAClike appliances, even though they may

not be certified and therefore trained in

the proper handling of the refrigerants.

The Agency intends to continue to

permit this activity. In reaching this

decision, the Agency considered reasons

to require these individuals to become

certified at this time. EPA believes that

requiring owners, operators and

employees of motor vehicle disposal

facilities to become certified would

result in a certain percentage of these

persons better understanding the proper

means of recovering refrigerant, and that

consequently, accidental venting of

refrigerant by these persons during the

recovery process might decrease. In

addition, if EPA required owners,

operators and employees of motor

vehicle disposal facilities who wish to

sell refrigerant directly back into the

MVAC service sector without prior

reclamation to become certified,

individuals who do not wish to become

certified would still be able to recover

refrigerant as long as it was then sold to

a reclaimer.

EPA balanced these arguments against

reasons not to require motor vehicle

disposal facility owners, operators or

employees to become certified at this

time. In the past, the Agency has not

required these persons to be certified.

As stated in the preamble to the May 14,

1993 final rule implementing section

608, ‘‘[b]y not requiring technician

certification, the Agency did not intend

to imply that anyone could perform

these activities without training.

Instead, the proposal reflected the fact

that recovery of refrigerant is a simpler

task than the combination of recovering

refrigerant and returning refrigerant (at

the appropriate purity level) to

equipment. The disposal sector is

distinct from the servicing sectors of

both section 608 and section 609 in that

refrigerant is not returned to

equipment. . . . Purchasing refrigerant

is also not necessary in the disposal

sector, but technician certification is

linked to the ability to continue to

purchase new refrigerant needed for

servicing equipment’’ (58 FR 28705).

In addition, EPA does not believe that

requiring certification of these

individuals at this time will result in a

reduction in accidental or intentional

venting of refrigerant, or in a reduction

in refrigerant contamination rates,

significant enough to warrant this new

restriction. Motor vehicle disposal

facility owners, operators and

employees have been required for

several years either to verify that

refrigerant has been previously

recovered from a vehicle entering the

facility, or to recover any refrigerant that

remains in the vehicle. Many of these

individuals have acquired substantial

experience recovering refrigerant from

vehicles, and some percentage of them

have long been using their recovery

equipment properly. For these

individuals, becoming certified may not

affect their refrigerant handling

procedure.

Motor vehicle disposal facility

owners, operators and employees also

have an economic motivation in the

absence of a certification requirement to

recover CFC–12 refrigerant properly. No

matter whether they sell recovered

CFC–12 to an MVAC service facility or

to a reclaimer, CFC–12 has become

increasingly more valuable, and

purchasers should be paying

increasingly higher prices for

uncontaminated CFC–12. EPA believes

that this motivation should drive motor

vehicle disposal facility owners,

operators and employees to use care

when recovering refrigerant.

In addition, some owners, operators

and employees of motor vehicle

disposal facilities have already invested

in equipment that they use to recover

refrigerant, and may currently have in

place contracts to sell the refrigerant

extracted from MVACs and/or MVAClike appliances at the facilities. If the

Agency had decided instead to begin to

prohibit owners, operators and

employees of motor vehicle disposal

facilities from recovering refrigerant (so

that only certified technicians could

recover refrigerant), these persons might

be unable to use any equipment they
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68033

had already purchased, and might

therefore be violating contracts

previously entered into.

One commenter stated that requiring

owners, operators and employees of

motor vehicle disposal facilities to

become certified under section 609

would reduce the likelihood of frost

forming in equipment in outdoor cold

weather recovery operations, freezing

the equipment refrigerant lines and

inhibiting the recovery of all refrigerant

remaining in a vehicle. EPA disagrees.

Training specified under section 609

does not require instruction in how to

recover refrigerant in cold weather

conditions, and requiring motor vehicle

disposal facility owners, operators and

employees to become certified is no

guarantee that better refrigerant recovery

in these conditions will ensue.

Many commenters felt that EPA

should require owners, operators and

employees of motor vehicle disposal

facilities to become certified under

section 609 to handle refrigerant in

order to ‘‘level the playing field’’

between the regulatory requirements

applicable to them and those applicable

to automotive service technicians. As

noted before, EPA has never required

owners, operators and employees of

motor vehicle disposal facilities to be

certified. They are not in a position to

re-use recovered refrigerant, as are

technicians. EPA believes that requiring

owners, operators and employees of

motor vehicle disposal facilities to

become certified would be appropriate

where needed, to avoid contamination

of the nation’s refrigerant supply by

refrigerant recovered from motor vehicle

disposal facilities. In order to assure that

motor vehicle disposal facility owners

and operators maximize the recapture of

class I and class II refrigerants as

required by section 608(a) of the Act,

and refrain from venting substitute

refrigerants as required by section 608(c)

of the Act, the Agency has traditionally

relied on a combination of providing the

motor vehicle disposal industry with

informational guidance and requiring

the industry to meet regulatory

mandates. Rather than requiring at this

time that owners and operators of motor

vehicle disposal facilities become

certified technicians, the Agency

proposes to continue to rely on

guidance alerting the industry of the

environmental consequences of

releasing refrigerant, refrigerant salvage

techniques, the importance of not

mixing different refrigerants, and the

business opportunities related to selling

refrigerants to certified reclaimers or

section 609 technicians. This, in

combination with the other factors described above, is a reasonable approach

to controlling such contamination.

It is inevitable that as the proliferation

of replacement refrigerants for CFC–12

continues to expand in the marketplace,

the refrigerant in some vehicles will be

contaminated. Indeed, contamination

has always been endemic to MVACs;

even when all motor vehicle a/c systems

ran on CFC–12, contamination of that

refrigerant by air, hydrocarbons, or

HCFC–22 occurred. Within the next few

years, as the number of refrigerants on

the market grows, contamination rates

may stay the same, or, as is more likely

the case, they may increase. In the

future, should increasing contamination

rates in MVACs or MVAC-like

appliances be traced to refrigerant that

has been recovered from motor vehicle

disposal facilities and re-used in

vehicles without prior reclamation, then

EPA will reconsider its reliance on

providing informational guidance to

motor vehicle disposal facilities, and

will consider requiring the industry to

meet certification and/or other

regulatory requirements. One of the

regulatory solutions EPA would

consider in that event is to require

owners, operators and employees of

motor vehicle disposal facilities who

wish to continue recovering refrigerant

for sale to the MVAC service sector to

become certified under section 609 of

the Act. The Agency would also

consider requiring motor vehicle

disposal facilities to send all recovered

refrigerant to reclaimers, thereby

disallowing any sales directly back into

the MVAC/MVAC-like appliance service

sector.

One commenter suggested that as

drafted, the proposed new language of

section 82.34(d) might not permit

persons who contract with state- or

county-owned landfills to recover

refrigerant from MVACs at those

facilities and subsequently sell them to

section 609 technicians. Excluding

contractors from this activity was not

the intention of the proposal and the

Agency has consequently modified the

regulatory text to include contractors.

EPA considers contractors who

generally manage the operations of a

government-owned landfill to be

operators of that facility; persons who

enter the landfill solely to recover

refrigerant are not considered operators

or other agents of the facility owner and

must therefore be certified under section

609 of the Act if they then choose to

return the refrigerant to the MVAC/

MVAC-like appliance service sector

without prior reclamation.

The proposed rule would have

permitted technicians certified under

section 608 of the Act to recover

refrigerant at a motor vehicle disposal

facility and resell it into the MVAC/

MVAC-like appliance service sector for

re-use without prior reclamation. This

final rule prohibits this activity by

section 608 technicians, so that only

section 609 technicians, and owners,

operators, and employees of these

facilities may recover refrigerant from

MVACs or from MVAC-like appliances

at disposal facilities, if that refrigerant is

re-used without being reclaimed.

Generally, technicians certified only

under section 608 are prohibited from

servicing MVAC systems because

MVAC systems are designed differently

than stationary and commercial a/c

systems. As stated earlier, persons who

have not been trained in the proper

methods of recovering refrigerant from

an MVAC system, even if they are

section 608 technicians, are more likely

to vent refrigerant in the process of

extracting it, and are less likely to know

how to protect the purity of the

refrigerant. Allowing these persons to

recover class I and class II refrigerants

at motor vehicle disposal facilities

would therefore not be consistent with

the Agency’s mandate to establish

requirements that maximize the

recapture and recycling of class I and

class II refrigerants, and allowing them

to recover substitute refrigerants would

not be consistent with the section 608(c)

venting prohibition.

Although EPA recognizes that persons

certified under section 608 as Type II

technicians may handle MVAC-like

appliances, today’s rule does not permit

Type II technicians to recover

refrigerant from MVAC-like appliances

at motor vehicle disposal facilities. Type

II technicians service many types of

high pressure and very high pressure

appliances used in the stationary/

commercial sector. The Agency believes

that allowing Type II technicians to

recover refrigerant from MVAC-like

appliances will increase the possibility

that high- and very high-pressure

appliances in this sector may be

recharged with used, unreclaimed

refrigerant recovered from motor vehicle

disposal facilities. These appliances,

like all appliances in the stationary/

commercial sector, are specifically

designed to handle only virgin or

reclaimed refrigerant. Use of

unreclaimed refrigerant from motor

vehicle disposal facilities that may

contain high levels of oil, air and

moisture may result in system

deficiencies or failures.

c. Equipment that may be used to

recover refrigerant from MVACs at

motor vehicle disposal facilities: Section

82.158(l) of the subpart F regulations

states that equipment used to evacuate
68034 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

refrigerant from an MVAC or MVAC-like

appliance prior to its disposal must be

capable of reducing the system pressure

to 102 mm (4 inches) of mercury

vacuum. If the refrigerant is transferred

to a reclaimer after recovery, this

remains the only restriction on what

kind of equipment may be used to

recover refrigerant from an MVAC or

MVAC-like appliance.

If, on the other hand, the recovered

refrigerant is bound for re-use in the

MVAC or MVAC-like appliance service

sector without being reclaimed first,

then the provisions set forth in today’s

rule apply. Specifically, the rule adds a

new requirement, set forth in section

82.34(d), that any refrigerant extracted

from an MVAC or an MVAC-like

appliance located at a motor vehicle

disposal facility and that is bound for

re-use in the MVAC/MVAC-like

appliance service sector without first

undergoing reclamation must be

recovered using approved refrigerant

recycling equipment (i.e., section 609

equipment) dedicated for use with

MVACs and MVAC-like appliances.

This requirement departs from the

proposed regulatory text, which would

have permitted persons recovering

refrigerant at motor vehicle disposal

facilities for re-use in the MVAC/

MVAC-like appliance service sector to

continue to use not only equipment

approved under section 609, but also

any other equipment capable of

reducing system pressure to or below

102 mm of mercury vacuum. EPA is

promulgating this change to the

proposed regulation because it will

serve to reduce the risk of disposal

facilities serving as the source of

contaminated refrigerant supplies,

because of the high level of support

among the commenters for this change

in the regulations, and because this new

requirement will not create economic

hardships for motor vehicle disposal

facilities.

The Agency believes that without this

more stringent equipment standard,

persons recovering refrigerant at

facilities who dismantle both

refrigerators, residential air conditioners

and other section 608 appliances, and

motor vehicles, may engage in the

practice of using the same equipment to

recover refrigerant from a motor vehicle

bound for disposal and to recover from

section 608 appliances refrigerant that is

high in acid levels due to compressor

burn-out (and perhaps mixing that

refrigerant with refrigerant recovered

from MVACs and MVAC-like

appliances). Sources such as residential

air conditioners and refrigerators are

much more likely to have ceased

operation because of compressor burnout. The refrigerant might then be sold

to a section 609 certified technician for

use in an MVAC or MVAC-like appliance. Any efforts by the technician to

identify the refrigerant would not show

that the refrigerant was contaminated by

these acids. Recycling equipment

available to motor vehicle service

establishments removes only moisture,

oil and noncondensable gas (air) from

the refrigerant, and is not capable of

removing acids.

EPA believes that allowing motor

vehicle disposal facilities to use

equipment approved under section 608

will not provide adequate safeguards

against the risk of contaminated

refrigerant. Section 608 equipment is

specifically designed for use with

refrigerant that later gets reclaimed,

rather than merely recycled and then reused. Some section 608 equipment is

designed to be used to recover multiple

refrigerants using common circuitry.

Residues from recovering one refrigerant

may contaminate a second recovered

refrigerant; but again, such

contamination is of little consequence

because the refrigerant mixture is then

reclaimed. However, if section 608

equipment were to be used to recover

refrigerant that is then sold to an

automotive facility for use in the

MVAC/MVAC-like appliance service

sector without prior reclamation, it is

likely that automotive air-conditioning

systems would become contaminated

with refrigerant that, although it has

been recycled by the facility using

approved section 609 equipment,

contains residues of acids and/or other

refrigerants. In EPA’s view, this

possibility poses an unacceptable risk of

contamination, both to the automotive

facility’s recycling equipment and to the

MVAC systems in its customers’

vehicles.

In the proposed rule, EPA requested

comment as to whether the existing

requirement of allowing refrigerant

recovery using any equipment that can

achieve a 102 mm mercury vacuum

should be modified. EPA specifically

requested comment on whether EPA

should require that persons recovering

refrigerant must instead use only

equipment that meets the definition of

‘‘approved refrigerant recycling

equipment’’ set forth in § 82.32(b) (i.e.,

equipment approved under section 609).

Many commenters to the rule supported

this change. No commenters opposed

this specific change, although one

commenter stated that ‘‘EPA should

protect the investment [that] companies

made in equipment that met appropriate

standards when purchased, or that

cannot be deemed ‘‘substantially

identical’’ under current standards.’’

The Agency believes that this change

does not affect that investment, because

owners of equipment that is not

approved under section 609 but can

achieve a 102 mm mercury vacuum may

still use their equipment to recover

refrigerant, which is then sent to a

reclaimer.

One commenter noted that given that

the purpose of section 609 of the Act is

to prevent refrigerant venting, encourage

the proper recovery and recycling of

refrigerants, and maintain the purity of

the existing refrigerant supply, the

Agency is obligated to establish a level

playing field between motor vehicle

disposal facilities and automotive

service facilities by requiring that

refrigerant handlers in disposal facilities

meet similar standards to refrigerant

handlers in service facilities. EPA does

not believe that motor vehicle disposal

facilities handling refrigerant and

automotive service facilities handling

refrigerant should necessarily be subject

to the same regulatory requirements

because the circumstances are not the

same. However, EPA believes that the

requirement to use section 609

equipment to recover any refrigerant

that has been extracted from an MVAC

or an MVAC-like appliance located at a

motor vehicle disposal facility, and is

bound for re-use in the MVAC/MVAClike appliance service sector without

prior reclamation, properly reflects

similar treatment for similar

circumstances, without creating

economic hardships for motor vehicle

disposal facilities.

Under this regulatory framework,

motor vehicle disposal facilities do not

necessarily have to purchase section 609

approved refrigerant recycling

equipment. If they choose to use

equipment that does not meet the

requirements of section 609 (but is still

capable of achieving a 102 mm vacuum,

as the section 608 regulations require) to

recover refrigerant, they may then

transport the refrigerant to a reclaimer.

Alternatively, they may bring a

technician certified under section 609,

who operates approved refrigerant

recycling equipment, on-site to recover

the refrigerant before it gets recycled

and re-used in the MVAC/MVAC-like

appliance service sector.

Within the next few years, more and

more vehicles will enter disposal

facilities with some HFC–134a left in

the system. In addition, as the nation’s

supplies of CFC–12 diminish, increasing

numbers of owners of older vehicles

will replace the CFC–12 in their

vehicles with HFC–134a or with blend

refrigerants that enter the marketplace.

If disposal facilities wish to sell the

refrigerant to an MVAC service facility
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68035

without prior reclamation, then

refrigerant must be recovered into

section 609-approved equipment

designed for use with that particular

refrigerant. Facilities daunted at the

thought of purchasing multiple pieces of

equipment may of course contract with

a technician certified under section 609

to bring his pieces of equipment to the

facility, or they may recover multiple

refrigerants into one piece of equipment

designed under the section 608 program

for such use (taking care to recover the

refrigerants into separate containers),

and send the refrigerant to a reclaimer.

d. Persons who may purchase

refrigerant recovered from a motor

vehicle disposal facility:. Today’s rule

places certain restrictions on who may

purchase refrigerant recovered from a

motor vehicle disposal facility if that

refrigerant is bound for re-use in the

MVAC/MVAC-like appliance service

sector without prior reclamation.

Specifically, section 82.34(d) states that

any sale of a class I or class II substance

extracted from an MVAC or an MVAClike appliance at a motor vehicle

disposal facility that is not reclaimed,

must be to a technician certified under

section 609.

For class I and II substances recovered

from MVACs and MVAC-like

appliances, sections 608 and 609

authorize the sales restriction. While

section 609 is limited to restricting the

sale of class I or II substances in small

containers for use in MVACs, section

608 authorizes a broader sales

restriction. The sales restriction

provision promulgated today for

inclusion in 82.34(d) basically repeats

the sales restrictions previously

promulgated at 82.34(b) and 82.154(m).

Today’s rule makes clear that the

restriction applies with respect to class

I or II substances recovered from

MVACs or from MVAC-like appliances

during the disposal process.

The current sales restriction in section

609(e) does not extend to non-ozonedepleting substitute refrigerants at this

time. EPA is currently developing a

proposal addressing the use of

substitutes under section 608, and is

considering extending the sales

restriction to such substitutes. EPA will

address the sale of such substitutes

recovered from MVACs and MVAC-like

appliances during the disposal process

in that proposed rulemaking.

Several commenters urged EPA to

require that all refrigerant recovered at

motor vehicle disposal facilities be sent

directly to a reclaimer. These

commenters believe that the current use

and future proliferation of refrigerants

already has and will inevitably result in

much contamination. EPA recognizes

that although motor vehicle air

conditioning has long been dominated

by CFC–12, automotive manufacturers

now install HFC–134a in new car

systems, while some refrigerant

manufacturers are attempting to

establish large markets for other CFC–12

substitutes in vehicles. This

proliferation of refrigerants in the

section 609 sector increases the chances

of contamination in individual systems.

Contaminated refrigerant supplies may

create MVAC system failures as well as

failures of refrigerant recover/recycle

equipment, leading to emissions of

refrigerants and to increased costs for

both service facilities and motor vehicle

owners. In addition, contaminated

refrigerant may be extremely difficult to

recycle, reclaim, or dispose of, so that it

is likely to be vented into the

atmosphere. As noted above, in the

future, should increased contamination

rates in MVACs or MVAC-like

appliances be traced to refrigerant

recovered from motor vehicle disposal

facilities and re-used in vehicles

without prior reclamation, EPA may

revise its regulations pertaining to motor

vehicle disposal facilities and require

that all refrigerant recovered from such

facilities be sent to reclaimers. For now,

however, instituting such a requirement

would defeat a major purpose of today’s

rule: To increase the value of refrigerant

recovered from motor vehicle disposal

facilities, thereby reducing the amount

of refrigerant that either leaks out of

MVACs while they await disposal or is

purposely vented during the process of

disposal.

Commenters cited several other

related reasons to require that all

refrigerant recovered at motor vehicle

disposal facilities be sent directly to a

reclaimer. One commenter suggested

that any sales of refrigerant should be

allowed only when the seller can

demonstrate that the refrigerant meets

new product standards. This

requirement would limit refrigerant

sales to wholesalers and retailers who

own stocks of virgin refrigerant, and to

reclaimers, who have reclaimed the

refrigerant to ARI 700 standards (i.e.,

new product standards). Again, this

requirement would defeat the intent of

today’s rule to encourage new markets

for valuable refrigerants.

Another commenter noted (and EPA

agrees) that any refrigerant that is not

reclaimed must be recycled in

accordance with EPA standards, which

are in turn based on SAE standards. The

commenter went on to state that the

SAE standards govern refrigerant that

has been directly removed from, and

will be directly re-used in, MVACs only,

and that equipment that meets the SAE

standards was not designed for use with

refrigerants contaminated with each

other. EPA agrees with the commenter

that recovery/recycling equipment was

generally designed for use with single,

specific refrigerants, and that running

highly contaminated refrigerant through

such equipment not only may damage

the equipment but will certainly not

clean the refrigerant of any impurities

other than oil, air and moisture.

EPA recognizes that even the use of

proper recovery procedures at a motor

vehicle disposal facility does not

guarantee refrigerant purity. Certain

vehicles will enter the disposal facility

with ‘‘mystery’’ refrigerants in their a/c

systems, or with identifiable, but highly

contaminated, refrigerants. These

incidences are most likely to increase in

the future. As one commenter stated:

‘‘Soon, owners of older vehicles with

CFC–12 systems requiring major repair

will elect to retrofit their systems to

other refrigerants. When CFC–12 is no

longer available, the consumer with a

CFC–12 system will be forced to retrofit

to an alternative refrigerant, buy a new

car or give up the comfort of an air

conditioned car. As more alternate

refrigerants come to market and time

passes, the grave-yards for older

vehicles will be littered with vehicles

having a wide variety of refrigerants in

their A/C systems. Some of these

systems will contain contaminated

refrigerant.’’

Regulations promulgated under

section 612 of the Act require that

MVACs and MVAC-like appliances

using any replacement refrigerants for

CFC–12 are required by EPA to have

unique fittings and a label stating the

type of refrigerant used in the airconditioning system. This regulatory

requirement should serve to deter

increases in the rate at which systems

become contaminated, before they reach

motor vehicle disposal facilities. At this

time, EPA does not possess significant

data that describe rates of contamination

in vehicles, sources of contamination,

and kinds of contaminants. If the

Agency obtains this type of data in the

future, it may consider taking additional

steps to minimize contamination.

Recovering the refrigerant himself is

one way a section 609 certified

technician can guarantee that the

refrigerant at the disposal facility has

been properly recovered. He may

purchase the refrigerant from a motor

vehicle disposal facility that he knows

uses proper refrigerant recovery

procedures. Neither of these actions,

however, protects him against

purchasing or using refrigerant that

becomes contaminated before it arrives

at the motor vehicle disposal facility. In
68036 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

order to guard against that event, he

may also enter into a written contract

with the disposal facility in which the

facility agrees to sell him only

refrigerant that meets certain purity

requirements.

Similarly, neither requiring motor

vehicle disposal facilities to use

equipment approved under section 609

of the Act, nor requiring purchasers of

refrigerant recovered from those

facilities to recycle the refrigerant prior

to charging it into another vehicle, will

absolutely protect the vehicle owner

from having contaminated refrigerant

charged into his car. To ensure the

purity of the refrigerant, the technician

may run it through a refrigerant

identifier prior to purchasing the

refrigerant (as was strongly

recommended in the preamble to the

proposed rule). In addition, motor

vehicle disposal facilities may wish to

purchase these identifiers as a way to

check the purity of the refrigerant sold

to automotive service technicians, in

order to better ensure their customers’

satisfaction. However, not all portable

refrigerant identifier equipment is

currently sophisticated enough to

identify all of the refrigerants in

commerce today, including blend

refrigerants, and all potential

contaminants. A requirement to

purchase any identifier on the market

will therefore not ensure the ultimate

protection of the vehicle owner from

having contaminated refrigerant charged

into his car.

In the July 14, 1992 final rule, EPA

stated in the preamble language that ‘‘it

is unlikely that persons in the business

to service motor vehicle air conditioners

would knowingly use contaminated

refrigerant since they have an interest in

satisfying customers and not injuring

the customer’s air conditioner’’ (57 FR

31248). While the Agency is fully aware

that some automotive service

technicians may knowingly charge their

customers’ vehicles with refrigerant that

they know to be contaminated, EPA is

not convinced, as it was not in 1992,

that a majority, or even a large number,

of service technicians will choose to

engage in such unscrupulous behavior.

Knowingly charging vehicles with

contaminated refrigerant jeopardizes the

performance of both a technician’s

charging equipment and his customer’s

vehicle’s a/c system. Should the system

fail due to the contamination (knowing

or unknowing), the customer may

return, unhappy, perceiving that the

technician has failed to fix the initial

system problem, or that the technician

has worsened the initial problem.

EPA believes that if automotive

service technicians have any doubt or

question about the purity of refrigerant

they have purchased from a motor

vehicle disposal facility, they will test

the refrigerant using refrigerant

identifier equipment prior to recycling it

in their refrigerant recycling equipment

or prior to installing it in a customer’s

vehicle. If a section 609 technician is

unsure about the purity of the

refrigerant he may obtain from a local

disposal facility, and is fearful about

damaging both his recover/recycle

equipment and his reputation with his

customers, he always has another

solution: he may forego purchasing from

the facility, and instead purchase virgin

refrigerant from his parts supplier, or

reclaimed refrigerant from a reclaimer.

As one commenter, a trade association

representing automotive service

facilities, stated, ‘‘it is precisely the

mixing of different refrigerants and the

possibility of contamination which

would preclude many of our members

from considering disposal facilities as a

source for recovered refrigerant.’’

e. Subsequent use of recovered

refrigerant. Today’s rule also places

certain restrictions on the use and

handling of refrigerant recovered from a

motor vehicle disposal facility if that

refrigerant is not transferred to a

reclaimer after recovery, but instead is

bound for re-use in the MVAC/MVAClike appliance service sector without

prior reclamation. Specifically, section

82.34(d) requires that certified

technicians process refrigerant

recovered from a motor vehicle disposal

facility through section 609 approved

refrigerant recycling equipment before it

may be used to charge or recharge

another MVAC or MVAC-like appliance.

Section 609 authorizes this restriction

with respect to MVACs, both for class I

and class II substances as well as

substitutes. Refrigerant recovery at

motor vehicle disposal facilities occurs

in an environment where moisture and

air easily get into hoses and cylinders.

Requiring recycling of the refrigerant

prior to charging it into another vehicle

will ensure than any excess moisture or

air in the refrigerant is reduced to

acceptably low levels. Section 608(a)

authorizes this restriction with respect

to MVAC-like appliances.

A certified technician purchasing or

accepting refrigerant from MVACs or

MVAC-like appliances bound for

disposal and located at a motor vehicle

disposal facility is responsible to assure

that the refrigerant is recycled properly

prior to being charged into another

MVAC or MVAC-like appliance and

assurances from the disposal facility

regarding recycling do not remove this

responsibility.

Today’s rule also provides that if

refrigerant recovered from a motor

vehicle disposal facility is to be recycled

in section 609 approved refrigerant

recycling equipment rather than

reclaimed prior to re-use, the refrigerant

may subsequently be charged only into

an MVAC or an MVAC-like appliance.

Several commenters expressed concern

that once a technician certified under

section 609 had purchased refrigerant

from a motor vehicle disposal facility,

he could then sell it to a technician

certified under section 608 for use in the

stationary/commercial sector, or, if the

section 609 technician were also

certified under section 608, he himself

could use the refrigerant in the

stationary/commercial sector. Sections

82.154 (g) and (h) prohibit the re-use of

refrigerant recovered from an MVAC or

MVAC-like appliance without prior

reclamation unless it is returned to an

MVAC or MVAC-like appliance.

However, some commenters believe that

this prohibition, contained as it is in

subpart F, the section 608 regulations,

will not give automotive service

technicians sufficient notice that the

sale of refrigerant by a section 609

technician to a section 608 technician is

prohibited. EPA is therefore amending

the proposed language under § 82.34(d)

to add a sentence that states that

technicians certified under section 609

who purchase a class I or class II

substance recovered at such facilities

must subsequently re-use the refrigerant

in an MVAC or MVAC-like appliance.

This new provision, essentially a

reiteration of the current requirements

set forth in § 82.154 (g) and (h),

implements EPA’s mandate under

section 608 to prescribe standards and

equipment regarding the use and

disposal of class I or II substances, in

order to reduce the use and emissions

of these substances to the lowest

achievable level, and to maximize the

recapture and recycling of these

substances. Specifically, section 608(a)

requires EPA to promulgate regulations

regarding use and disposal of class I and

II substances that ‘‘reduce the use and

emission of such substances to the

lowest achievable level’’ and ‘‘maximize

the recapture and recycling of such

substances.’’ Section 608(a) further

provides that ‘‘[s]uch regulations may

include requirements to use alternative

substances (including substances which

are not class I or class II substances)

* * * or to promote the use of safe

alternatives pursuant to section 612 or

any combination of the foregoing.’’

Improper handling of substitute

substances is likely to produce

contamination (and therefore reduction
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68037

in recycling) and release of class I and

class II substances.

f. Recordkeeping and reporting:

Today’s rule does not require any

additional recordkeeping relating to

refrigerant recovered from MVACs or

MVAC-like appliances prior to disposal.

Requiring disposal facilities to track

refrigerant, and to demonstrate how the

refrigerant in each MVAC or MVAC-like

appliance was handled prior to the

disposal of the vehicle, would inhibit

the activity EPA is encouraging in

today’s rule. Further, a recordkeeping

requirement would add an undue

administrative burden to industry

because of the large number of vehicles

disposed of annually, and would

provide little measurable benefit to the

environment.

Persons who recover refrigerant at

motor vehicle disposal facilities for reuse in the MVAC/MVAC-like appliance

service sector without prior reclamation

are not exempted from any applicable

recordkeeping and reporting

requirements set forth under the section

608 regulations. Section 82.166(a)

requires all persons who sell or

distribute any class I or class II

substance for use as a refrigerant to

retain invoices that indicate the name of

the purchaser, the date of sale, and the

quantity of refrigerant purchased.

Section 82.166(i) requires all persons

disposing of MVACs and MVAC-like

appliances to maintain copies of signed

statements obtained under

§ 82.156(f)(2), which in turn requires

persons who take the final step in the

disposal process of MVACs or MVAClike appliances, if they have not

recovered any remaining refrigerant

themselves, to verify that the refrigerant

has been evacuated previously. This

verification must include a signed

statement from the person from whom

the MVAC or MVAC-like appliance is

obtained that all refrigerant that had not

leaked previously has been recovered in

accordance with EPA regulations. The

statement must include either the name

of the person who recovered the

refrigerant and the date that the

refrigerant was recovered, or a copy of

an ongoing contract that requires that

the refrigerant deliverer ensure that the

refrigerant is removed prior to delivery.

Comments on the recordkeeping/

reporting requirements generally urged

enforcement of the existing

requirements, or suggested that EPA

require the type of recordkeeping

already required under § 82.166(a)

(evidently some commenters were not

aware of this requirement).

2. Mobile Recovery and Recycling

Today’s rulemaking explicitly permits

the mobile servicing of MVACs and

MVAC-like appliances. Allowing mobile

service performed by certified

technicians using approved equipment

encourages proper use of the equipment

and discourages venting of refrigerant.

This policy also increases the flexibility

of industry to choose the mode of

compliance by allowing businesses that

do not specialize in MVAC/MVAC-like

appliance service to contract their

MVAC/MVAC-like appliance services

that involve refrigerant to a section 609

certified technician. The definition of

‘‘properly using’’ set forth in 40 CFR

82.32(e) is consequently amended to

explicitly permit this activity. An

MVAC service facility engaging or

contracting with a technician providing

the mobile service (or with the facility

employing him) is responsible to ensure

that the technician actually performing

the service is properly certified. This

provision applies to servicing both

CFC–12 systems and systems that use

any substitutes for CFC–12, in both

MVACs and MVAC-like appliances.

Comments to the proposal to

explicitly permit mobile recovery and

recycling were strongly supportive. One

typical commenter remarked that ‘‘we

are in favor of this proposed change, as

many of our customers * * * are unable

to transport their equipment to a

servicing location due to the size and

D.O.T. transport weight limitations.

Also, very few of these companies

perform their own air-conditioning

service due to economic cost involved

in this service.’’ The commenter

concluded that this change in the

regulations would enhance its

relationships with its customers, since

the commenter could service airconditioning systems at its customers’

job sites.

The Agency requested, but did not

receive, comments with respect to

whether an MVAC service facility,

engaging or contracting with a

technician who offers mobile service (or

with the facility employing him), should

be responsible to ensure that the

technician is using section 609

approved refrigerant recycling

equipment. EPA believes that using the

proper equipment should be the

responsibility of the technician offering

the mobile service (and the facility

employing him), rather than of the

facility engaging his services.

The amendatory language does not

permit the mobile recovery of refrigerant

from appliances governed under section

608 of the Act, such as home

refrigerators and air conditioners.

Contaminants such as acid that are not

found in MVACs or MVAC-like

appliances are commonly found in these

appliances, and any recover/recycle

equipment designed for automotive use

exposed to refrigerant contaminated

with acid could be severely damaged.

Regulations promulgated under section

608 of the Act address required

practices for recovering refrigerant from

stationary equipment.

These changes to the subpart B

regulations implementing section 609

will also affect MVAC-like appliances.

Section 82.156(a)(5) requires that

persons opening MVAC-like appliances

for service or repair may do so only

while properly using, as defined in

§ 82.32(e), recovery or recycling

equipment. Since the Agency is today

amending section 82.32(e), those

changes will automatically apply to

MVAC-like appliances.

One commenter stated that EPA

should consider adding a recordkeeping

requirement to document the

relationship between the facility that

owns the equipment used in the mobile

recovery and recycling service and the

facility receiving the service. The

commenter suggested that this

requirement would help inspectors

verify the recycling of refrigerant. The

Agency is not requiring that such

recordkeeping be performed, due to the

additional burden it would place on

small entities. However, EPA expects

that any facilities that receive mobile

recovery/recycling service should be

able to inform the Agency, when

requested, who they have engaged or

contracted to perform the mobile

service. If they cannot so inform the

Agency, and if they do not possess any

recovery or recycling equipment, the

Agency will presume that those

facilities have vented refrigerant from

any air-conditioning systems they have

serviced.

3. Topping Off

The subpart B regulations

implementing section 609 state that any

facility performing service involving

refrigerant must purchase approved

refrigerant recycling equipment.

‘‘Service involving refrigerant’’ is

defined as ‘‘any service during which

discharge or release of refrigerant from

the motor vehicle air conditioner to the

atmosphere can reasonably be expected

to occur’’ (40 CFR 82.32(h)). The

preamble to the final 1992 section 609

rule stated that MVAC servicing

includes ‘‘repairs, leak testing, and

‘‘topping off’’ of air-conditioning

systems low on refrigerant, as well as

any other repair which requires some

dismantling of the air conditioner. Each
68038 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

2 Interested parties should note that the May 2,

1995 Federal Register (60 FR 21682) inadvertently

omitted this sentence, as well as certain other

language contained in § 82.32(e). This mistake was

carried over into the Code of Federal Regulations

(CFR) revised as of July 1, 1995, as well as into the

July 1, 1996 revision of the CFR. A correction notice

was not issued until January 16, 1997 at 62 FR

2310. These omissions have created significant

confusion among affected stakeholders as to the

exact text of § 82.32(e), the definition of properly

using. The July 1, 1997 version of the CFR should

include the corrections, but will not include the

revisions promulgated today. With these revisions,

the full text of § 82.32(e) should appear in the July

1, 1998 version of the CFR as follows (new text is

marked in italics):

(e) Properly using. (1) Properly using means using

equipment in conformity with the regulations set

forth in this subpart, including but not limited to

the prohibitions and required practices set forth in

§ 82.34, and the recommended service procedures

and practices for the containment of refrigerant set

forth in appendices A, B, C, D, E, and F of this

subpart, as applicable. In addition, this term

includes operating the equipment in accordance

with the manufacturer’s guide to operation and

maintenance and using the equipment only for the

controlled substance for which the machine is

designed. For equipment that extracts and recycles

refrigerant, properly using also means to recycle

refrigerant before it is returned to a motor vehicle

air conditioner or MVAC-like appliance, including

to the motor vehicle air conditioner or MVAC-like

appliance from which the refrigerant was extracted.

For equipment that only recovers refrigerant,

properly using includes the requirement to recycle

the refrigerant on-site or send the refrigerant off-site

for reclamation.

(2) Refrigerant from reclamation facilities that is

used for the purpose of recharging motor vehicle air

conditioners must be at or above the standard of

purity developed by the Air-Conditioning and

Refrigeration Institute (ARI 700–93) (which is

codified at 40 CFR part 82, subpart F, appendix A,

and is available at 4301 North Fairfax Drive, Suite

425, Arlington, Virginia 22203). Refrigerant may be

recycled off-site only if the refrigerant is extracted

using recover-only equipment, and is subsequently

recycled off-site by equipment owned by the person

that owns both the recover-only equipment and

owns or operates the establishment at which the

refrigerant was extracted. In any event, approved

equipment must be used to extract refrigerant prior

to performing any service during which discharge

of refrigerant from the motor vehicle air conditioner

can reasonably be expected. Intentionally venting or

disposing of refrigerant to the atmosphere is an

improper use of equipment.

(3) Notwithstanding any other terms of this

paragraph (e), approved refrigerant recycling

equipment may be transported off-site and used to

perform service involving refrigerant at other

locations where such servicing occurs. Any such

servicing involving refrigerant must meet all of the

requirements of this subpart B that would apply if

the servicing occurred on-site.

(4) Facilities that charge MVACs or MVAC-like

appliances with refrigerant but do not perform any

other service involving refrigerant (i.e., perform

‘‘top-offs’’ only) are considered to be engaged in

‘‘service involving refrigerant’’ and are subject to

any and all requirements of this subsection that

apply to facilities that perform a wider range of

refrigerant servicing. For facilities that charge

MVACs, this includes the requirement to purchase

approved refrigerant recycling equipment. For

facilities that only charge MVAC-like appliances,

this does not include the requirement to purchase

approved refrigerant recycling equipment, but does

include the requirement to be properly trained and

certified by a technician certification program

approved by the Administrator pursuant to either

§ 82.40 or § 82.161(a)(5).

(5)All persons opening (as that term is defined in

§ 82.152) MVAC-like appliances must have at least

one piece of approved recovery or recycling

equipment available at their place of business.

of these operations involves a

reasonable risk of releasing refrigerant to

the atmosphere’’ (57 FR 31246). Despite

the clarity of this statement, some

affected stakeholders remain unsure

whether quick-lubes and other facilities

which may perform top-offs but no

other service involving refrigerant are

required to purchase recovery/recycling

equipment approved under section 609.

One commenter to the proposal for

today’s rule asked that the regulations

governing these facilities be made more

clear. Consequently, the definitions of

‘‘properly using’’ and ‘‘service involving

refrigerant’’ are being expanded today to

further clarify that ‘‘service involving

refrigerant’’ includes topping off, and

that facilities that perform top-offs but

no other refrigerant servicing or repair

are still considered to be engaged in

‘‘service involving refrigerant’’ and must

purchase approved recovery/recycling

equipment.

These changes to the section 609 rule

will not affect MVAC-like appliances.

Although § 82.156(a)(5) requires that

persons opening MVAC-like appliances

for service or repair may do so only

while properly using, as defined in

section 82.32(e), recovery or recycling

equipment, under the subpart F

regulations, connecting and

disconnecting hoses to an appliance to

add refrigerant is not considered

‘‘opening’’ the appliance.

4. Recharging Refrigerant Into the Same

Vehicle From Which the Refrigerant

Was Extracted

The subpart B regulations

implementing section 609 state that any

facility performing service involving

refrigerant must properly use approved

refrigerant recycling equipment. The

current definition of ‘‘properly using’’

states in part that ‘‘[f]or equipment that

extracts and recycles refrigerant,

properly using also means to recycle

refrigerant before it is returned to a

motor vehicle air conditioner’’ (40 CFR

82.32(e)(1)).2 Despite the clarity of this

statement, some affected stakeholders

remain unsure whether refrigerant must

be recycled prior to being returned to

the same vehicle from which it has been

extracted. One commenter to the

proposal for today’s rule asked that the

regulations governing service practices

involving refrigerant that is returned to

the same vehicle it came from be made

more clear. Consequently, this sentence

in the definition of ‘‘properly using’’ is

being expanded today to further clarify

that when any automotive refrigerant—

whether CFC–12, HFC–134a, or a blend

listed as acceptable under EPA’s SNAP

program—is recovered from an MVAC,

it must be recycled in accordance with

EPA standards prior to being returned to

that MVAC. This change to the section

609 rule will also affect MVAC-like

appliances. Section 82.156(a)(5) requires

that persons opening MVAC-like

appliances for service or repair may do

so only while properly using, as defined

in § 82.32(e), recovery or recycling

equipment. Since the Agency is today

amending § 82.32(e), this change will

automatically apply to MVAC-like

appliances.

B. Equipment Standards.

Section 609(b)(1) of the Act states that

effective November 15, 1995, the term

‘‘refrigerant,’’ as defined in section 609,

shall also include any substance that

substitutes for a class I or class II

refrigerant used in an MVAC. Section

609(b)(2)(A) specifies that the

Administrator shall establish standards

for approved refrigerant recycling

equipment. Section 82.36(a) of the

regulations specifies that equipment

that recovers and recycles CFC–12

refrigerant must meet the standards set

forth in appendix A to the section 609

regulations, and that equipment that

recovers but does not recycle CFC–12

refrigerant must meet the standards set

forth in appendix B to the regulations.

Today’s rulemaking provides that

equipment that recovers and recycles

HFC–134a must meet the standards set

forth in appendix C, that equipment that

recovers but does not recycle HFC–134a

must meet the standards set forth in

appendix D, that equipment that

recycles both CFC–12 and HFC–134a

using common circuitry must meet the

standards set forth in appendix E, and

that equipment that recovers but does

not recycle a single, specific

replacement refrigerant other than HFC–

134a must meet the standards set forth

in appendix F.

These new equipment standards also

apply to the servicing of MVAC-like

appliances. Section 82.156(a)(5) requires

that persons opening MVAC-like

appliances for service or repair may do

so only while properly using, as defined

in § 82.32(e), recovery or recycling

equipment. Since the Agency is today

amending § 82.32(e), the definition of

‘‘properly using,’’ to reference the

equipment standards set forth in today’s

rule, the equipment standards will

apply to MVAC-like appliances.

All of the standards are appropriate

for recovery and recycling because they

achieve environmental protection

through efficient recovery and recycling
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68039

of refrigerant, and protect automobile

equipment through minimum

refrigerant purity standards and service

procedure standards. The appendix C

standards are based on SAE J2099

(Standard of Purity for Recycled HFC–

134a), SAE J2211 (Recommended

Service Procedure for the Containment

of HFC–134a), and SAE J2210 (Standard

for HFC–134a Recycling Equipment);

the appendix D standards are based on

SAE J2211 (set forth in appendix C) and

SAE J1732 (HFC–134a Extraction

Equipment for Mobile Air Conditioning

Systems); and the appendix E standards

are based on SAE J2211 (set forth in

appendix C), SAE J1989 (set forth in

appendix A), and SAE J1770 (Standard

for Recycling Equipment Intended for

Use with Both CFC–12 and HFC–134a).

The standards adopted today as

appendices C, D and E represent a

consensus of the Interior Climate

Control Committee of SAE. This

committee is made up of automotive

industry experts, equipment and supply

manufacturers, and chemical producers.

SAE prepared the standards for the

recycling of CFC–12 (SAE J1989, 1990,

and J1991) later adopted by EPA in

appendix A, and for the recovery of

CFC–12 (SAE J1989 and J2209) later

adopted by the Agency in appendix B,

and the Agency believes that the

standards set forth for the recovery and

recycling of HFC–134a in today’s

rulemaking as appendices C, D and E

are consistent with the specifications

required in those standards for CFC–12.

Appendix F, Standard for RecoverOnly Equipment that Extracts a Single,

Specific Refrigerant other than CFC–12

or HFC–134a, is based on SAE J1732

(HFC–134a Extraction Equipment for

Mobile Air Conditioning Systems,

contained in appendix D). Since SAE

has not developed formal standards for

the recovery of most refrigerants listed

as acceptable under EPA’s Significant

New Alternative Policy (SNAP) program

other than HFC–134a and is not likely

to do so in the future, the Agency

developed in cooperation with SAE and

other industry representatives a

standard for recover-only equipment

designed to extract these new

refrigerants. The Agency also believes

that the standard adopted today as

appendix F for the recovery of

replacement refrigerants other than

HFC–134a, is consistent with the

specifications required in those

standards for CFC–12.

The standards adopted today contain

specifications for labeling equipment

once it is certified; safety requirements;

requirements that the equipment

manufacturer must provide operating

instructions; and functional

descriptions of the equipment,

including hose and fitting

specifications, overfill protection

requirements and additional storage

tank requirements. The standards

require that the container for used

refrigerant be gray with a yellow top and

be marked in black print ‘‘DIRTY

REFRIGERANT—DO NOT USE, MUST

BE REPROCESSED.’’ The standards

state that the equipment must be able to

separate lubricant from recovered

refrigerant and to indicate accurately the

amount removed from the airconditioning system in order to assure

that the proper amount of lubricant can

be returned to the system.

The Act states that standards

developed by the Administrator shall, at

a minimum, be as stringent as SAE

J1989 in effect as of the date of

November 15, 1990. The standards

proposed today are equally as stringent

as SAE J1989 regarding the procedure

for extracting refrigerant and separating

lubricant from refrigerant. They offer

further specifications on extraction

efficiency (referring to 102 mm of

mercury versus the more general

statement regarding removal ‘‘to a

vacuum’’). Procedures and requirements

regarding unintentional releases of

refrigerant during the extraction process

are equivalent to SAE J1989.

Comments to the adoption of the

standards set forth in appendices C, D,

E and F were generally minimal and

supported the establishment of the

standards. One commenter noted that

the proposed standard in appendix F for

equipment designed to recover, but not

recycle, replacement refrigerants other

than HFC–134a does not provide for

sufficient identification of the

refrigerant in the test sample to be

processed. In order to ensure that the

‘‘dirty cocktail’’ of contaminated

refrigerant provides an accurate test of

the equipment’s ability to recover used

refrigerant, the standard set forth in

appendix F now specifies in 6.2.1 that

‘‘refrigerant shall be identified prior to

the recovery process to within ±2% of

the original manufacturer’s formulation

which was submitted to, and accepted

by, EPA under its Significant New

Alternatives Policy program.’’

One other change was made in order

to ensure that the ‘‘dirty cocktail’’

provides an accurate test of the

equipment’s ability. The proposed

appendix F provided that the sample

should contain a combination of

mineral oil and POE oil in the ‘‘dirty

cocktail.’’ Because replacement

refrigerants other than HFC–134a are

likely to be contaminated with a

combination of mineral, PAG and POE

oils, however, the ‘‘dirty cocktail’’

sample set forth in appendix F has been

revised so that the oil in the sample

shall be one-third mineral oil 525

suspension nominal, one-third PAG

with 100 cSt viscosity at 40° C or

equivalent, and one-third POE with 100

cSt viscosity at 40° C or equivalent. This

specification should approximate more

realistically the type of contaminants in

used refrigerant that such equipment is

likely to handle.

With respect to the new standard set

forth in appendix F for recover-only

equipment designed to service

replacement refrigerants other than

HFC–134a, one commenter asked

whether service facilities must purchase

a recover-only or recover/recycle unit

for every new replacement refrigerant

on the market. In order to respond to the

commenter’s question, and to provide

information to the public that addresses

several related questions that the

Agency has recently received about

replacement refrigerants other than

HFC–134a, it is worth repeating here the

contents of a letter sent to

manufacturers of replacement

refrigerants by EPA on October 16, 1996.

The letter stated in part that ‘‘under

section 608 of the CAA, it is illegal to

vent any MVAC refrigerant. Therefore,

even in the absence of EPA regulations,

technicians must, at a minimum,

recover refrigerant and not release it to

the atmosphere. In accordance with the

use conditions required under the

Significant New Alternatives Policy

(SNAP) program, the recovery

equipment must be dedicated to a

specific refrigerant by permanently

applying the fittings unique to that

refrigerant. Thus, by applying the

fittings, it is legal to convert a recovery

machine to be used with an MVAC

refrigerant other than the refrigerant the

machine was originally intended to

recover.

‘‘Even though recovering a given

refrigerant using permanently converted

equipment is legal, it may not be

technically desirable. Recovery

machines are designed to be compatible

with specific refrigerants, and

incompatible materials may cause short

circuits, damage to seals, and

compressor failure. Technicians should

check with the recovery equipment

manufacturer for recommendations

about the recovery of refrigerants other

than the refrigerant the equipment was

originally intended to recover.

Conversion of recovery equipment for

use with other refrigerants may

invalidate any warranties offered by the

equipment manufacturer.’’

The October 16, 1996 letter continues:

‘‘[s]ervice shops may either recover

HFC–134a or recycle it using special
68040 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

recycling equipment in the shop.

Currently, however, it is not legal to

recycle any other alternative MVAC

refrigerant. EPA’s policy is that until a

standard for equipment designed to

recycle a particular refrigerant is

published and available (by EPA or an

industry organization like SAE or UL),

then it is illegal to recycle that

refrigerant. * * * No EPA or established

industry recycling standard exists today

for any alternative refrigerant other than

HFC–134a. Therefore, using a recycling

machine to recycle these alternatives is

not allowed.

‘‘For cars that use HFC–134a, the

service technician will usually recycle

the refrigerant using equipment that

meets the SAE standard, although

recovery followed by off-site

reclamation is also an option. For cars

that use a blend, however, recovery

using dedicated equipment and

reclamation is currently the only option.

No standard exists today to provide for

the recycling of blends. * * * Unless

EPA issues recycling standards for

refrigerants other than CFC–12 and

HFC–134a, it will remain illegal to

recycle them.’’

All of the replacement refrigerants on

the market today other than HFC–134a

are class II blend refrigerants rather than

single chemical refrigerants. Within the

upcoming months, EPA intends to

develop regulations setting forth, to the

extent applicable, standards for the

following types of recovery and

recycling equipment designed to service

MVAC refrigerants other than CFC–12

and HFC–134a:

1. Recover-only Equipment

a. New equipment designed to service

multiple blend refrigerants.

b. Existing equipment retrofitted for

permanent servicing of a single blend

refrigerant.

c. Existing equipment retrofitted for

permanent servicing of multiple blend

refrigerants.

2. Recover/Recycling Equipment

a. New equipment designed to service

a single blend refrigerant.

b. New equipment designed to service

multiple blend refrigerants.

c. Existing equipment retrofitted for

permanent servicing of a single blend

refrigerant.

d. Existing equipment retrofitted for

permanent servicing of multiple blend

refrigerants.

The standards that EPA intends to

propose will provide that existing

recover-only and recover/recycle

equipment, once permanently converted

for use with another refrigerant, will

have to meet the same standards that

apply to new equipment that recovers,

or recovers and recycles, that

refrigerant. For example, R–12 or R–

134a recover-only equipment converted

for permanent use with a single, specific

blend replacement refrigerant would

have to meet standards set forth in

appendix F. R–12 recover-only

equipment converted for permanent use

with R–134a would have to meet the

standards in appendix D, and R–12

recover/recycle equipment converted for

permanent use with R–134a would have

to meet the standards in appendix C.

Similarly, R–12 recover/recycle

equipment converted for permanent use

with a single, specific blend refrigerant

would have to meet the standard that

governs new recover/recycling

equipment designed to service a single

blend refrigerant (if such a standard is

ever developed; if not, EPA will

continue to prohibit the conversion of

CFC–12 or HFC–134a recycling

equipment for use with other

refrigerants). The standards for

converted equipment would not only

cross-reference the appropriate standard

that must be met, but are likely also to

specify that the conversion must be

performed by the equipment

manufacturer’s service representative

rather than the automotive service

technician, that a unit may only be

converted if retrofit procedures for that

model have been certified by an

independent testing laboratory, and that

an appropriate label, indicating

conformance to the appropriate

standards, is affixed to the unit.

EPA is at this time uncertain as to

whether equipment converted for use to

one or more refrigerants other than the

original refrigerant for which it was

intended will be considered

substantially identical to certified

equipment. Section 609 provides that

equipment purchased after the proposal

of regulations shall be certified by an

independent standards testing

organization as meeting the applicable

standard set forth in the regulations,

while equipment purchased prior to the

proposal of regulations shall be

considered certified if it is substantially

identical to equipment certified under

the section 609 regulations. The

standards that EPA intends to propose

within the next year may specify that if

equipment converted for use to one or

more refrigerants other than the original

refrigerant for which it was intended is

converted prior to the date of the

proposed rule, the Agency would

consider the converted equipment to be

substantially identical to new certified

equipment, where the individual unit

has been converted substantially

according to the provisions set forth in

the conversion standard, and if the

equipment is converted after the date of

the proposal, the equipment would have

to be converted according to the specific

provisions set forth in the conversion

standard in order to be considered

approved.

The Agency intends to work with

industry groups, including refrigerant

manufacturers and recovery/recycling

equipment manufacturers, and with

independent standards testing

organizations, to develop proposed

standards for the equipment listed

above. These proposed standards will be

published in the Federal Register and

subject to public review and comment

prior to promulgation of a final rule.

1. Standards for HFC–134a Recover/

Recycle Equipment

Today’s rule adopts a standard, set

forth in appendix C, for HFC–134a

recycling equipment for mobile airconditioning. This standard establishes

specific minimum equipment

requirements for the recycling of HFC–

134a that has been directly removed

from, and is intended for reuse in,

mobile air-conditioning systems. The

standard contains specifications for

labeling the equipment once it is

certified, safety requirements, operating

instructions and a functional

description of the equipment, including

hose and fitting specification, overfill

protection requirements and storage

tank requirements. The standard

provides a procedure to test the

equipment to verify that it meets the

specifications of the standard.

Today’s rule adds a standard of purity

for recycled HFC–134a that establishes

the minimum level of purity required

for recycled HFC–134a removed from,

and intended for reuse in, mobile airconditioning systems. The standard, set

forth in appendix C to this rule, sets

purity specifications for levels of

moisture, lubricants and

noncondensable gases. Today’s rule also

establishes a standard recommended

service procedure for containment of

HFC–134a, set forth in appendix C, that

provides guidelines for the technicians

that service MVACs and MVAC-like

appliances and operate refrigerant

recycling equipment designed for HFC–

134a. The standard provides specific

procedures to recover the refrigerant by

reducing system pressure to at least 102

mm of mercury vacuum. The standard

contains requirements for stored

refrigerant containers and disposal of

empty containers.

The standards set forth in appendix C,

which apply to HFC–134a, are nearly

identical to SAE J2099, J2211 and J2210,

standards previously adopted by the
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68041

Agency for similar equipment designed

to service CFC–12. The differences

between the SAE J standards and those

set forth in appendix C are incidental,

such as grammatical corrections and

spelling, and do not affect the

requirements of the standards.

2. Standards for HFC–134a RecoverOnly Equipment

Today’s rule adds standards for

equipment that recovers but does not

recycle HFC–134a refrigerant.

Refrigerant recovered by this type of

equipment must be properly recycled

on-site or reclaimed off-site before it can

be reused in an MVAC or MVAC-like

appliance. The rule requires that

equipment meets the standards set forth

in appendix D. The standard requires

that the container for used refrigerant be

marked in black print ‘‘Dirty

Refrigerant—Do Not Use Without

Recycling.’’ The standard states that the

recovery equipment be able to separate

the refrigerant from the recovered

refrigerant and indicate the amount of

lubricant removed so that the technician

can return the proper amount of

lubricant to the system. Today’s rule

also establishes a standard

recommended service procedure for

containment of HFC–134a, set forth in

appendix C, and referenced in appendix

D, that provides guidelines for the

technicians that service MVACs and

operate refrigerant recycling equipment

designed for HFC–134a. The standard

provides specific procedures to recover

the refrigerant by reducing system

pressure to at least 102 mm of mercury

vacuum. The standard contains

requirements for stored refrigerant

containers and disposal of empty

containers.

The standards set forth in appendix D,

which apply to HFC–134a, are nearly

identical to SAE J1989 and J1732,

standards previously adopted by the

Agency for similar equipment designed

to service CFC–12. The differences

between the SAE J standards and those

set forth in appendix D are incidental,

such as grammatical and spelling

corrections, and do not affect the

requirements of the standard.

3. The Standard for Automotive

Refrigerant Recycling Equipment

Intended for Use With Both CFC–12 and

HFC–134a

Today’s rule adopts a standard that

establishes specific minimum

equipment requirements for automotive

refrigerant recycling equipment

intended for use with both CFC–12 and

HFC–134a using a common refrigerant

recycling circuit. The rule requires that

equipment meet the standards set forth

in appendix E. These standards require

labeling of the equipment after

certification, and include requirements

to prevent cross contamination before

operations involving a different

refrigerant can begin, such as a seat

leakage test, the installation of electrical

interlocks, and visual indications to

prevent cross contamination. The

standards contain requirements to

purify the refrigerant, safety

requirements and functional description

of the equipment, requirements for

labeling of the storage tanks to identify

CFC–12 and HFC–134a, and hose and

connection requirements. Appendix E

also provides guidelines for testing the

equipment to verify that particular

models meet the requirements of the

standards. Appendix E cross-references

SAE J1989, which is set forth in

appendix A, and SAE J2211, which is

set forth in appendix C.

The standards set forth in appendix E

are nearly identical to SAE J1770. The

differences between the SAE J standards

and those set forth in appendix E are

incidental, such as grammatical and

spelling corrections, and do not affect

the requirements of the standards.

4. Standard for Recover-only Equipment

That Extracts a Single, Specific

Refrigerant Other Than CFC–12 or HFC–

134a

Today’s rule adds a standard for

equipment that recovers but does not

recycle any single, specific refrigerant

other than CFC–12 and HFC–134a,

including but not limited to specific

marketed blend refrigerants. Refrigerant

that is recovered by this type of

equipment must be properly reclaimed

before it can be reused in an MVAC or

MVAC-like appliance. The rule requires

that this equipment meet the standards

set forth in appendix F. Appendix F is

based on, but not identical to, the

recover-only standard for HFC–134a set

forth in appendix D. The standard states

that the recovery equipment be able to

separate the lubricant from the

recovered refrigerant and indicate the

amount of lubricant removed so that the

technician can return the proper amount

of lubricant to the system. The primary

substantive differences between

appendix D and appendix F are located

in section 6.2.1, the description of the

‘‘dirty cocktail’’ of standard

contaminated refrigerant which is run

through the equipment in order to test

its efficacy. First, in order to ensure that

the ‘‘dirty cocktail’’ of contaminated

refrigerant provides an accurate test of

the equipment’s ability to recover used

refrigerant, the standard set forth in

appendix F specifies in 6.2.1 that

‘‘refrigerant shall be identified prior to

the recovery process to within ±2% of

the original manufacturer’s formulation

which was submitted to, and accepted

by, EPA under its Significant New

Alternatives Policy program.’’ That

requirement is not contained in

appendix D. Second, the ‘‘dirty

cocktail’’ for testing HFC–134a

equipment contains only PAG oil, while

the ‘‘dirty cocktail’’ for testing other

replacement refrigerants contains equal

parts of PAG, POE and mineral oils.

This specification should approximate

more realistically the type of

contaminants in used refrigerant that

such equipment is likely to handle.

C. Substantially Identical Equipment

Section 609 of the Act provides that

equipment purchased before the

proposal of standards shall be

considered certified if it is substantially

identical to equipment certified by the

EPA or by an independent standards

testing organization approved by EPA.

Section 82.36(b) of the regulations states

that recover/recycle equipment

designed for use with CFC–12 and

purchased before the proposal of the

standards for refrigerant recycling

equipment in appendix A (i.e., before

September 4, 1991), and recover-only

equipment designed for use with CFC–

12 and purchased before the proposal of

the standards for such equipment in

appendix B (i.e., before April 22, 1992),

shall be considered certified if it is

‘‘substantially identical’’ to equipment

approved under § 82.36(a).

Today’s rule applies the Act’s

‘‘substantially identical’’ provision to

recover/recycle and recover-only

equipment that services HFC–134a

MVACs, recover/recycle equipment

intended for use with both CFC–12 and

HFC–134a MVACs, and equipment that

recovers but does not recycle single,

specific replacement refrigerants other

than HFC–134a. These types of

equipment will be considered approved

if they are substantially identical to

equipment approved under § 82.36(a)

and if they were purchased prior to

March 6, 1996, the date on which

today’s rule was proposed. A

manufacturer or owner may request a

determination from EPA on whether a

particular unit or model is substantially

identical. Equipment used with MVAClike appliances is not covered under the

‘‘substantially identical’’ provision in

§ 82.36(b); rather, §§ 82.156(a)(5) and

82.158 (f) and (g) of the subpart F

regulations establish grandfathering

criteria for equipment used with MVAClike appliances.

EPA considers equipment to be

substantially identical if it performs

equivalently to the equipment that is
68042 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

certified to meet all the approved

equipment standards but was purchased

prior to the date of publication of the

appropriate EPA proposed standard. In

general, EPA proposes to follow the

same strict approach in implementing

the substantially identical provision for

the equipment subject to the standards

promulgated today as for recover/

recycle and recover-only equipment that

services CFC–12 MVACs and MVAClike appliances. In situations where the

models sold were not the same as the

approved model, EPA will consult with

approved independent standards testing

organizations to evaluate the previously

sold equipment. EPA will use these

organizations’ test data and any

additional information submitted by the

manufacturer, such as process diagrams

and lists of components, in the

evaluation. EPA will maintain a list of

equipment determined to be

substantially identical. An essential

criterion for evaluation is that

equipment removes refrigerant as

efficiently as the applicable EPA

standard and separates lubricant from

refrigerant. The Agency is also

interested in ensuring safety in

operation of the equipment. Should

manufacturers consider the possibility

of retrofit kits to bring the precertification models up to the

performance standard of certified

models, EPA would require that the

retrofit kits be certified by an approved

independent standards testing

organization and that equipment owners

indicate in their certification to the

Agency that they have retrofitted

equipment.

The Agency is aware that some HFC–

134a recover-only equipment has been

sold prior to SAE’s issuance in

December, 1994 of the J1732 standard

for HFC–134a recover-only equipment

and that some dual refrigerant recycling

equipment has been sold prior to SAE’s

issuance in December, 1995 of the J1770

standard for equipment that recovers

both CFC–12 and HFC–134a. Because

no SAE standard was in place at the

time of sale, the equipment could not be

certified by UL or ETL for EPA

approval. In such an event, i.e., where

units are sold prior to the publication of

the appropriate SAE standard, so that

there is no sticker or plate on the unit

showing that the model has been tested

by UL or ETL to meet the appropriate

SAE standard, and later, after

publication of the SAE standard, units

of the same model are certified by UL

or ETL, the Agency considers the units

sold prior to the publication of the

standard to be substantially identical.

The Agency reserves the right, however,

to terminate such consideration of

earlier units in the event the Agency

receives evidence that some earlier units

of that model (e.g., prior to serial

number xxxxx) were not able to achieve

one or more of the provisions of the

appropriate SAE standard. In that

instance, the manufacturer will have to

demonstrate to EPA that the units in

question are substantially identical

before EPA would make a determination

to that effect. The Agency recognizes

that manufacturers of units sold prior to

the publication of the appropriate SAE

standard may consider developing

retrofit kits to bring pre-certification

units up to the performance standard of

certified units.

It should be noted that some dual

refrigerant recycling equipment sold

prior to SAE’s issuance in December,

1995 of the J1770 standard for

equipment that recovers both CFC–12

and HFC–134a, may be labeled with a

UL or ETL sticker that indicates that the

unit meets SAE J1990 and J2210. The

Agency believes that these units do not

necessarily meet the J1770 standard,

and therefore the EPA standard set forth

in appendix E. In the event that later

versions of the same model of

equipment become certified by UL or

ETL to meet the J1770 standard, then

the Agency will consider the units sold

prior to the publication of the standard

to be substantially identical, although

EPA reserves the right to terminate such

consideration, as noted above.

Several commenters stated that a

simpler and more sensible approach to

identifying substantially identical

equipment would turn on whether the

equipment was manufactured after a

specific date, rather than purchased

after the date upon which the applicable

regulations were proposed. The statute

itself, however, is explicit in its

categorization of which equipment may

qualify as substantially identical.

Although it may be that pinpointing a

manufacture date for a specific unit is

generally easier than pinpointing a

purchase date, the statute requires in

section 609(b)(2)(B) that only equipment

‘‘purchased before the proposal of

regulations’’ can be certified as being

substantially identical. One commenter

suggested that the resale of equipment

by service facilities no longer in

business to other facilities may cause

confusion about how a purchase date is

defined. Consequently, every reference

set forth in the proposed text of 40 CFR

82.36(b)(1) to ‘‘purchased before [date of

applicable proposal]’’ has been changed

to ‘‘initially purchased before [date of

applicable proposal].’’

D. Approved Independent Standards

Testing Organizations

Section 82.38 establishes the criteria

for approval of testing laboratories or

organizations to certify whether

equipment governed by the regulations

meets the standards set forth in the

regulations. Under the July 14, 1992

final rule and the May 2, 1995

supplemental final rule, approved

organizations determine whether CFC–

12 recover/recycle and recover-only

equipment meets the standards set forth

in the appendices A and B to the rule,

which are based on SAE standards.

Today’s rule expands that provision so

that these approved organizations may

determine whether the equipment

subject to today’s rule meets the

standards set forth in the appropriate

appendices.

Because the application materials

received by the Agency from UL on

October 21, 1991, and from ETL on

November 27, 1991 demonstrate that

both organizations have met the criteria

set forth in 40 CFR 82.38(b) with respect

to all equipment subject to today’s rule,

and because the Agency has received

from both UL and ETL written requests

stating that all the application criteria

are still being met, and requesting that

they be approved to certify the

equipment subject to today’s rule, the

Agency today approves UL and ETL to

certify this equipment. The Agency also

hereby approves any equipment

certifications performed by either of

these organizations which demonstrate

that particular equipment models meet

SAE standards upon which any of the

appendices listed in this rule is based.

No commenters to the proposal made

any statements concerning the approval

by EPA of independent standards

testing organizations.

E. Technician Training and Certification

Section 82.40 establishes the

standards for the approval of programs

to train and certify technicians. The

standards cover training, the subject

material that must be covered by each

program, and minimum test

administration procedures. Summaries

of reviews of programs must be

submitted every two years and programs

must offer technicians proof of

certification upon successful

completion of the test.

The Agency wishes to note that the

technician training and certification

requirements set forth in today’s rule

amending § 82.40 apply to technicians

who work on MVAC-like appliances as

well as to those who work on MVACs.

Section 82.161(a)(5) requires that

technicians who service or repair
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68043

MVAC-like appliances either must be

properly certified as Type II technicians

in accordance with the subpart B

regulations or must complete the

training and certification test offered by

a training and certification program

approved under § 82.40. Any

technicians who wish to service MVAClike appliances and who in the future

become certified under § 82.40 rather

than as Type II technicians must

therefore receive training in the

equipment standards attached as

appendices to today’s rule.

At this time, 27 organizations have

been approved by EPA to train and

certify technicians in the use of CFC–12

recover-only and recover/recycle

equipment. Ten of these organizations

train and certify their employees, while

the remaining train members of the

general public. While EPA’s approval of

these organizations has been limited to

CFC–12 equipment, the Agency believes

that for purposes of training and

certification conducted prior to January

29, 1998, these organizations should

also be considered as approved for

purposes of HFC–134a equipment,

equipment that recycles both CFC–12

and HFC–134a using common circuitry,

and equipment that extracts, but does

not recycle, replacement refrigerants

other than HFC–134a. As discussed

below, the equipment governed by the

standards in today’s rule and CFC–12

equipment are very similar, the

procedures for extracting refrigerant are

very similar for all types of equipment,

and the procedures for recycling

refrigerant are very similar for all types

of recycling equipment. Retraining and

recertifying of technicians already

certified to use CFC–12 equipment

would therefore produce only a limited

environmental benefit. In addition, such

retraining and recertification would

impose a large burden on the

technicians and the organizations that

certify them. For these reasons, EPA is

today approving the 27 organizations

noted above for training and

certification of technicians in the use of

equipment that is governed by the

standards in today’s rule, conducted

prior to January 29, 1998.

EPA will also approve organizations

for future training and certification of

technicians for the use of HFC–134a

equipment, equipment that recycles

both CFC–12 and HFC–134a using

common circuitry, and equipment that

extracts, but does not recycle,

replacement refrigerants other than

HFC–134a, on the condition that each

organization certify in writing to the

Agency that its training materials

discuss the standards set forth in

Appendices C, D, E and F, and that its

testing materials include questions

concerning those standard. Each

organization that submits such a

certification shall be approved upon the

date which is the later of (i) the effective

date of this rule (i.e., January 29, 1998),

or (ii) the receipt by the Agency of such

a certification. Organizations that do not

submit such a certification will not be

approved to train and certify future

technicians for the use of the equipment

governed by the standards in today’s

rule. The Agency reserves the right,

pursuant to § 82.40(c), to request that

when an organization submits its

certification to EPA, it also provides the

Agency with a summary of its review of

its test subject material and any changes

made.

As noted above, the prior training and

testing of previously approved

technicians for equipment governed by

the standards in today’s rule, adequately

and sufficiently covers the standards set

forth in appendices C, D, E and F

because of the large overlap between the

text of the standards contained in

appendices A and B, and the text of the

standards contained in appendices C, D,

E and F. In appendices A and B, and in

appendices C, D, E and F, the following

provisions are identical or nearly

identical: safety requirements;

requirements that the manufacturer

must provide operating instructions;

requirements that the equipment must

ensure the refrigerant recovery by

reducing system pressure below

atmospheric to a minimum of 102 mm

of mercury; the preconditioning of the

equipment with a contaminated sample;

the composition of that contaminated

sample; the requirements that the

equipment must be certified by UL or an

equivalent certifying laboratory; the

requirements that the label on the

equipment must state that it has been

design certified to meet applicable SAE

standards; and the additional storage

tank requirements.

Where the SAE J1990-based standards

in appendix A differ from the SAE

J1732-based standards in appendices D

and F, they differ largely because

appendix A contains many provisions

that relate to the recycle portion of the

equipment operation and which are

thus not applicable to appendices D and

F. For example, appendix A describes

requirements for the recycling test cycle

and for the quantitative determination

of moisture, lubricant, and

noncondensable gas in that cycle.

Where the HFC–134a standards in

appendices C and D differ from the SAE

J1990- and J2209-based standards in

appendices A and B, they differ largely

because of the different chemical

properties of the HFC–134a molecule.

For example, the levels of contaminants

in the CFC–12 ‘‘dirty cocktail’’ in J1990

are different than those in the HFC–134a

‘‘dirty cocktail’’ described in J2210, and

the maximum acceptable levels of

contamination by air, oil and moisture

are different for CFC–12, as described in

J1989, than for HFC–134a, as described

in J2211.

Appendix E is similar to the other

standards for recycling CFC–12

refrigerant set forth in appendix A and

for recycling HFC–134a refrigerant set

forth in appendix B, but also contains

requirements designed to demonstrate

that the equipment is capable of

preventing cross-contamination of

refrigerants, including a seat leakage test

and the installation of electrical

interlock devices and filters. In

addition, the standard requires the

performance of a testing sequence

which puts the equipment through a

CFC–12 recycling sequence, followed by

an HFC–134a recycling sequence. The

‘‘dirty cocktails’’ used in such testing,

however, are identical to the ‘‘dirty

cocktails’’ used in appendices A and C

for testing the efficacy of cleaning single

refrigerants.

A review of SAE J1732 indicates that

it contains two provisions that relate to

the recovery of refrigerant for which

there are no equivalent provisions in

SAE J1990. First, section 6.3.2 of SAE

J1732 requires that the equipment

discharge or transfer fitting shall be 1⁄2′′

ACME thread. SAE did not consider this

requirement until after the publication

of the final version of J1990. This

requirement to include a unique fitting

guards against the mixing of different

refrigerants. Second, section 6.1 of SAE

J1732 requires that the unit must have

a device that assures that refrigerant has

been recovered so that outgassing is

prevented. Although there is no

equivalent to this provision in SAE

J1990, J1989 requires safeguards to

prevent outgassing.

No commenters to the proposed rule

suggested any revisions to the

technician training and certification

provisions outlined in the proposal.

F. Sales Restriction

Section 609 made it unlawful,

effective November 15, 1992, for any

person to sell or distribute, or offer for

sale or distribution, except to section

609 certified technicians, any class I or

class II substance suitable for use as

refrigerant in a motor vehicle airconditioning system and that is in a

container with less than 20 pounds of

refrigerant. Consequently, sales of small

cans of CFC–12, as well as small cans

of any HCFC blend which EPA’s

Significant New Alternatives Policy
68044 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

(SNAP) program may determine to be

acceptable as a substitute for CFC–12 in

MVACs and MVAC-like appliances, are

limited to section 609 certified

technicians. In addition, section 608

regulations that became effective

November 14, 1994 (58 FR 28714)

restrict the sales of all containers

(regardless of size) of any class I or II

refrigerant to technicians certified under

either section 608 or section 609 of the

Act.

EPA is preparing to propose in a

separate rule several changes to the

regulations promulgated under section

608 of the Act. The proposed changes to

the section 608 regulations, pursuant to

the mandate of section 608(c)(2), would

establish standards and requirements for

the servicing of appliances and

industrial process refrigeration systems

that use refrigerants that substitute for

the currently-regulated class I or class II

substances. In addition, in that

proposal, the Agency may include a

provision proposing to restrict the sale

of all containers (regardless of size) of

non-ozone-depleting substitute

refrigerants, including HFC–134a, to

technicians certified under either

section 608 or section 609 of the Act.

Should the Agency determine to

propose such a sales restriction, the

proposed changes to the regulatory text

and explanatory discussion in the

preamble would be entirely contained

in the section 608 proposed rule, even

though the changes would also affect

industries governed under section 609—

automotive refrigerant distributors,

automobile manufacturers, and the

automotive service industry. All parties

interested in whether EPA decides to

institute a sales restriction are therefore

urged to review the language contained

in any future section 608 proposal.

V. Summary of Supporting Analyses

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether this regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant’’

regulatory action as one that is likely to

lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely and materially affect a sector

of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this rule

is a ‘‘significant regulatory action’’

within the meaning of the Executive

Order. EPA has submitted this action to

OMB for review. Changes made in

response to OMB suggestions or

recommendations will be documented

in the public record. The Agency

prepared an analysis to assess the

impact of this regulation (see Regulatory

Assessment for EPA’s Proposed Rule on

Standards and Requirements for

Servicing of Motor Vehicle Air

Conditioners that use Refrigerants other

than Class I or Class II Substances, U.S.

EPA Stratospheric Protection Division,

November, 1995) which covers both

recover/recycle equipment and recoveronly equipment, and is available for

review in the public docket for this

rulemaking. The analysis indicates that

total annualized costs to affected

industrial sectors will range from $4.9

million to $14.3 million, depending on

what type of recovery/recycling

equipment automotive service facilities

choose to purchase.

B. Regulatory Flexibility/Fairness to

Small Entities

1. Regulatory Flexibility Act

a. Purpose: EPA has determined that

it is not necessary to prepare a

regulatory flexibility analysis in

connection with this final rule. In

addition, the Agency has performed an

initial screening analysis and

determined that this regulation does not

have a significant economic impact on

a substantial number of small

businesses. The screening analysis is

found in Appendix A in the Regulatory

Assessment for EPA’s Proposed Rule on

Standards and Requirements for

Servicing of Motor Vehicle Air

Conditioners that use Refrigerants other

than Class I or Class II Substances (U.S.

EPA Stratospheric Protection Division,

October, 1995) (Regulatory Assessment)

and is available for review in the docket.

A summary of the methodology and

results of the analysis are presented

below.

b. Screening Analysis Methodology

and Results: EPA first characterized the

regulated community by identifying the

SIC codes that would be involved in the

servicing and repair of motor vehicle air

conditioners. EPA considered how the

regulated community would be affected

by the main provisions of the rule: the

equipment standards, the technician

certification regulations, and the

regulations governing service facility

practices. After looking at typical costs

to each service facility, the analysis

reviewed total costs to the regulated

community as a whole.

The equipment standards and

technician certification provisions

contained in the rule impose costs on

the regulated community. With respect

to equipment standards, EPA assumed

that each service establishment would

purchase a single piece of equipment in

order to comply with the regulation.

The analysis took into account the life

of the equipment (in terms of number of

jobs performed), the incremental labor

time to recover, or to recover and

recycle, refrigerant, the current labor

rate, and general operation and

maintenance costs. EPA’s analysis also

considered the cost savings realized by

service establishments for the recovery

and reuse of substitute refrigerants and

through the salvage value of equipment.

The analysis then outlined two different

private cost scenarios. The less

expensive cost (lower-bound) scenario

assumed that a facility would choose to

purchase single refrigerant recover/

recycle equipment, while the more

expensive (upper-bound) option

assumed that a facility would choose to

purchase dual refrigerant recover/

recycle equipment. In estimating the

costs of complying with the technician

certification requirements, the screening

analysis took into account the number

of service technicians employed by

small and large facilities, employment

turnover rates for those employees, and

the cost to certify a single technician.

The screening analysis also estimated

some of the benefits of the rule,

distinguishing between those that are

readily quantifiable and those that are

not. Specifically, the analysis described

the marginal social benefits associated

with each kilogram of greenhouse gas

emission reduction resulting from the

imposition of the rule and then

estimated the total social benefits

associated with all emissions reductions

resulting from the imposition of the

rule. The benefits discussion also

estimated the potential cost savings to

members of the regulated community,

including motor vehicle disposal

facilities, that might take advantage of

mobile recovery service, which today’s

rule explicitly permits. Finally, the

analysis briefly discussed nonquantifiable benefits of the rule such as

increased efficiencies and equity in the

marketplace resulting from the

imposition of the rule.
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68045

In order to determine whether the rule

will have a significant economic impact

on a substantial number of small

entities, the Agency determined from

financial data what portion of the

regulated community falls within the

definition of ‘‘small entity,’’ and

performed tests using sales, profits and

cash flow measures in order to

determine the nature of adverse

impacts, if any. The number of small

entities servicing MVACs was

estimated, using Small Business

Administration guidelines, at 160,366.

Using the sales test, EPA’s preferred

criterion for gauging the economic

impact of a regulation on small

businesses, the Agency determined that

after the imposition of the 1992 section

609 regulations (the baseline), 3.6% of

these facilities were significantly

affected. With respect to the regulations

being promulgated today, the screening

analysis determined that an additional

1.8% of these facilities will be

significantly impacted by today’s rule,

based on the estimated annualized cost

of $100 for each small facility to

comply. For more details concerning the

results of the analysis, copies of the

Regulatory Assessment are available for

review in the docket.

2. Note on Recordkeeping and Reporting

This rule will not impose any new

recordkeeping or reporting requirements

on any small entity or other member of

the regulated community.

3. Steps EPA Has Taken to Minimize

Economic Impacts on Small Entities

The portions of today’s regulation that

impose costs on the regulated

community implement specific

requirements of section 609 of the Act,

without the exercise of discretion by

EPA. Section 609 explicitly requires the

Administrator to promulgate regulations

establishing standards for motor vehicle

refrigerant recycling equipment.

Regulations already in place have

established standards for equipment

that recovers and recycles CFC–12; the

equipment standards set forth in today’s

rule fulfill the statutory obligation of the

Administrator to establish standards for

equipment that recovers and recycles

HFC–134a and other substitute

refrigerants. Section 609 also requires

that automotive service technicians who

service MVAC systems be trained and

certified in the proper use of EPAapproved refrigerant recycling

equipment. The technician certification

requirements contained in today’s rule

fulfill the statutory mandate to establish

such requirements for becoming

certified to handle substitute

refrigerants.

In order to minimize the economic

impact on small entities created by the

Agency’s fulfilling its statutory

mandate, EPA determined that the

equipment standards promulgated today

should resemble as closely as possible

voluntary industry standards set by the

Society of Automotive Engineers (SAE).

Virtually all equipment marketed today

that recovers, or recovers and recycles,

substitute refrigerants already meets

these voluntary industry standards.

Installers have been purchasing the

equipment at least since November 15,

1995, when a self-effectuating provision

in section 608 of the Act prohibited

venting substitute refrigerants into the

atmosphere. Meeting the voluntary

standards is a common indication of the

quality of the equipment. When

purchasing equipment, installers look

not only to see that it meets the

appropriate SAE standard, but also to

determine that the equipment has been

tested against that standard by an

independent testing laboratory such as

UL. In developing federally mandated

equipment standards for refrigerant

recycling equipment, section 609

required EPA to ensure that Agency

standards were at least as stringent as

the voluntary SAE standards. EPA has

done so, but has also decided against

issuing standards that were more

stringent than the voluntary industry

standards, not only in part because the

Agency believes that the voluntary

standards are protective of human

health and the environment, but also

because small businesses and other

stakeholders are already familiar with

the equipment that meets the voluntary

standards and thus will also be familiar

with the equipment that meets the EPA

standards.

EPA has also engaged in extensive

outreach to the affected community, and

in particular to small entities within

that community, in order to minimize

any economic impacts this rule may

have on them. To respond to questions,

the Agency has long maintained a tollfree hotline (800/296–1996) and an

award-winning web site that contains

copies of any EPA fact sheets and

regulations that relate to section 609. In

addition, Agency staff have spoken,

and/or sponsored trade booths, at

conventions and conferences sponsored

by industry trade associations such as

the Mobile Air Conditioning Society,

the International Mobile Air

Conditioning Association, ASIA/APAA,

and the National Tire Dealers and

Retreaders Association. The Agency has

also worked extensively on articles in

automotive service journals such as

Motor and Motor Age, and with other

partners such as the National Institute

for Automotive Service Excellence

(ASE), which has tested over 150,000

technicians nationwide in motor vehicle

heating and air-conditioning servicing.

Using all of these methods, EPA has

attempted to alert small entities to when

and how the section 609 regulations

would expand to apply to refrigerants

that substitute for CFC–12 in MVACs,

and to technicians who service vehicles

that use substitute refrigerants. In

conjunction with the publication of

today’s rule, EPA is issuing a short,

plain-English fact sheet for automotive

service facilities that summarizes the

rule and responds to these questions.

EPA has also engaged in outreach

activities to inform motor vehicle

disposal facilities about the provisions

of this rule that affect them. The

recovery of refrigerant is a critical

element in the motor vehicle disposal

process, and yet calls to the hotline and

to EPA staff had long indicated that

automotive recyclers did not understand

how to comply with Title VI

regulations. EPA responded by

promulgating today’s rule. In

conjunction with the publication of the

rule, EPA is issuing a short, plainEnglish fact sheet specifically to assist

the automotive recycling industry in its

efforts to comply with the requirements

of Title VI. It explains not only what

requirements governing refrigerant

recovery and re-use apply, but also

where in the regulations each

requirement is located.

C. Paperwork Reduction Act

This action does not add any new

requirements or increases burden under

the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

The Office of Management and Budget

(OMB) has previously approved the

information collection requirements

contained in the final rule, promulgated

on July 14, 1992, which established

standards and requirements regarding

the servicing of MVACs and has

assigned OMB control number 2060–

0247 (EPA ICR No. 1617.02).

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able
68046 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An Agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR Chapter

15.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local and

tribal governments, in the aggregate, or

to the private sector, of $100 million or

more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local and

tribal governments, in the aggregate, or

the private sector, in any one year. The

majority of the regulations promulgated

today implement requirements

specifically set forth by Congress in

section 609 of the Clean Air Act without

the exercise of any discretion by EPA.

The remainder merely serve to clarify

existing regulatory text and therefore

impose no new additional enforceable

duties on governmental entities or the

private sector. Thus, today’s rule is not

subject to the requirements of sections

202 and 205 of the UMRA. EPA has also

determined that this rule contains no

regulatory requirements that might

significantly or uniquely affect small

governments.

E. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 82

Environmental protection, Motor

vehicle air-conditioning, Reporting and

recordkeeping requirements, Recoveronly equipment, Recover/recycle

equipment, Reporting and certification

requirements, Stratospheric ozone layer.

Dated: December 17, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, 40 CFR Part 82 is amended as

follows:

PART 82—PROTECTION OF

STRATOSPHERIC OZONE

1. The authority citation for part 82

continues to read as follows:

Authority: 42 U.S.C. 7414, 7601, 7671–

7671q.

2. Section 82.30 is amended by

revising paragraph (a) to read as follows:

§ 82.30 Purpose and scope.

(a) The purpose of the regulations in

this subpart B is to implement section

609 of the Clean Air Act, as amended

(Act) regarding the servicing of motor

vehicle air conditioners (MVACs), and

to implement section 608 of the Act

regarding certain servicing,

maintenance, repair and disposal of air

conditioners in MVACs and MVAC-like

appliances (as that term is defined in 40

CFR 82.152).

* * * * *

3. Section 82.32 is amended by

adding a heading to paragraph (e), by

revising paragraph (e)(1), by adding

paragraphs (e)(3), (e)(4), and (e)(5), by

revising paragraph (h), and by adding

paragraph (i), to read as follows:

§ 82.32 Definitions.

* * * * *

(e) Properly using. (1) Properly using

means using equipment in conformity

with the regulations set forth in this

subpart, including but not limited to the

prohibitions and required practices set

forth in § 82.34, and the recommended

service procedures and practices for the

containment of refrigerant set forth in

appendices A, B, C, D, E, and F of this

subpart, as applicable. In addition, this

term includes operating the equipment

in accordance with the manufacturer’s

guide to operation and maintenance and

using the equipment only for the

controlled substance for which the

machine is designed. For equipment

that extracts and recycles refrigerant,

properly using also means to recycle

refrigerant before it is returned to a

motor vehicle air conditioner or MVAClike appliance, including to the motor

vehicle air conditioner or MVAC-like

appliance from which the refrigerant

was extracted. For equipment that only

recovers refrigerant, properly using

includes the requirement to recycle the

refrigerant on-site or send the refrigerant

off-site for reclamation.

* * * * *

(3) Notwithstanding any other terms

of this paragraph (e), approved

refrigerant recycling equipment may be

transported off-site and used to perform

service involving refrigerant at other

locations where such servicing occurs.

Any such servicing involving refrigerant

must meet all of the requirements of this

subpart B that would apply if the

servicing occurred on-site.

(4) Facilities that charge MVACs or

MVAC-like appliances with refrigerant

but do not perform any other service

involving refrigerant (i.e., perform ‘‘topoffs’’ only) are considered to be engaged

in ‘‘service involving refrigerant’’ and

are therefore subject to any and all

requirements of this subsection that

apply to facilities that perform a wider

range of refrigerant servicing. For

facilities that charge MVACs, this

includes the requirement to purchase

approved refrigerant recycling

equipment. For facilities that only

charge MVAC-like appliances, this does

not include the requirement to purchase

approved refrigerant recycling

equipment, but does include the

requirement to be properly trained and

certified by a technician certification

program approved by the Administrator

pursuant to either § 82.40 or

§ 82.161(a)(5).

(5)All persons opening (as that term is

defined in § 82.152) MVAC-like

appliances must have at least one piece

of approved recovery or recycling

equipment available at their place of

business.

* * * * *

(h) Service involving refrigerant

means any service during which

discharge or release of refrigerant from

the MVAC or MVAC-like appliance to

the atmosphere can reasonably be

expected to occur. Service involving

refrigerant includes any service in

which an MVAC or MVAC-like

appliance is charged with refrigerant but

no other service involving refrigerant is

performed (i.e., a ‘‘top-off’’).

(i) Motor vehicle disposal facility

means any commercial facility that

engages in the disposal (which includes
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68047

dismantling, crushing or recycling) of

MVACs or MVAC-like appliances,

including but not limited to automotive

recycling facilities, scrap yards, landfills

and salvage yards engaged in such

operations. Motor vehicle repair and/or

servicing facilities, including collision

repair facilities, are not considered

motor vehicle disposal facilities.

4. Section 82.34 is amended by

revising the section heading and by

revising paragraph (a), revising the

reference ‘‘§ 82.42(b)(4)’’ to read

‘‘§ 82.42(b)(3)’’ in paragraph (b), and by

adding paragraph (d) to read as follows:

§ 82.34 Prohibitions and required

practices.

(a) No person repairing or servicing

MVACs for consideration, and no

person repairing or servicing MVAC-like

appliances, may perform any service

involving the refrigerant for such MVAC

or MVAC-like appliance:

(1) Without properly using equipment

approved pursuant to § 82.36;

(2) Unless any such person repairing

or servicing an MVAC has been properly

trained and certified by a technician

certification program approved by the

Administrator pursuant to § 82.40; and

(3) Unless any such person repairing

or servicing an MVAC-like appliance

has been properly trained and certified

by a technician certification program

approved by the Administrator pursuant

to either § 82.40 or § 82.161(a)(5).

* * * * *

(d) Motor vehicle disposal facilities.

(1) Any refrigerant that is extracted from

an MVAC or an MVAC-like appliance

(as that term is defined in § 82.152)

bound for disposal and located at a

motor vehicle disposal facility may not

be subsequently used to charge or

recharge an MVAC or MVAC-like

appliance, unless, prior to such charging

or recharging, the refrigerant is either:

(i) Recovered, and reclaimed in

accordance with the regulations

promulgated under § 82.32(e)(2) of this

subpart B; or

(ii) (A) Recovered using approved

refrigerant recycling equipment

dedicated for use with MVACs and

MVAC-like appliances, either by a

technician certified under paragraph

(a)(2) of this section, or by an employee,

owner, or operator of, or contractor to,

the disposal facility; and

(B) Subsequently recycled by the

facility that charges or recharges the

refrigerant into an MVAC or MVAC-like

appliance, properly using approved

refrigerant recycling equipment in

accordance with any applicable

recommended service procedures set

forth in the appendices to this subpart

B.

(2) Any refrigerant the sale of which

is restricted under subpart F that is

extracted from an MVAC or an MVAClike appliance bound for disposal and

located at a motor vehicle disposal

facility but not subsequently reclaimed

in accordance with the regulations

promulgated under subpart F, may be

sold prior to its subsequent re-use only

to a technician certified under

paragraph (a)(2) of this section. Any

technician certified under paragraph

(a)(2) of this section who obtains such

a refrigerant may subsequently re-use

such refrigerant only in an MVAC or

MVAC-like appliance, and only if it has

been reclaimed or properly recycled.

5. Section 82.36 is amended by

revising paragraphs (a)(2) and (b) and

adding paragraphs (a)(3) through (a)(7)

to read as follows:

§ 82.36 Approved refrigerant recycling

equipment.

(a)(1) * * *

(2) Equipment that recovers and

recycles CFC–12 refrigerant must meet

the standards set forth in appendix A of

this subpart (Recommended Service

Procedure for the Containment of CFC–

12, Extraction and Recycle Equipment

for Mobile Automotive Air-Conditioning

Systems, and Standard of Purity for Use

in Mobile Air Conditioning Systems).

(3) Equipment that recovers but does

not recycle CFC–12 refrigerant must

meet the standards set forth in appendix

B of this subpart (Recommended Service

Procedure for the Containment of CFC–

12 and Extraction Equipment for Mobile

Automotive Air-Conditioning Systems).

(4) Equipment that recovers and

recycles HFC–134a refrigerant must

meet the standards set forth in appendix

C of this subpart (Recommended Service

Procedure for the Containment of HFC–

134a, Standards for Recover/Recycle

Equipment that Extracts and Recycles

HFC–134a, and Standard of Purity for

Recycled HFC–134a for Use in MVACs).

(5) Equipment that recovers but does

not recycle HFC–134a refrigerant must

meet the standards set forth in appendix

D of this subpart (HFC–134a RecoverOnly Equipment and Recommended

Service Procedure for the Containment

of HFC–134a).

(6) Equipment that recovers and

recycles both CFC–12 and HFC–134a

using common circuitry must meet the

standards set forth in appendix E of this

subpart (Automotive Refrigerant

Recycling Equipment Intended for Use

with both CFC–12 and HFC–134a,

Recommended Service Procedure for

the Containment of CFC–12, and

Recommended Service Procedure for

the Containment of HFC–134a).

(7) Equipment that recovers but does

not recycle refrigerants other than HFC–

134a and CFC–12 must meet the

standards set forth in appendix F of this

subpart (Recover-Only Equipment that

Extracts a Single, Specific Refrigerant

Other Than CFC–12 or HFC–134a).

(b)(1) Refrigerant recycling equipment

that has not been certified under

paragraph (a) of this section shall be

considered approved if it is

substantially identical to the applicable

equipment certified under paragraph (a)

of this section, and:

(i) For equipment that recovers and

recycles CFC–12 refrigerant, it was

initially purchased before September 4,

1991;

(ii) For equipment that recovers but

does not recycle CFC–12 refrigerant, it

was initially purchased before April 22,

1992;

(iii) For equipment that recovers and

recycles HFC–134a refrigerant, it was

initially purchased before March 6,

1996;

(iv) For equipment that recovers but

does not recycle HFC–134a refrigerant,

it was initially purchased before March

6, 1996;

(v) For equipment that recovers but

does not recycle any single, specific

refrigerant other than CFC–12 or HFC–

134a, it was initially purchased before

March 6, 1996; and

(vi) For equipment that recovers and

recycles HFC–134a and CFC–12

refrigerant using common circuitry, it

was initially purchased before March 6,

1996.

(2) Equipment manufacturers or

owners may request a determination by

the Administrator by submitting an

application and supporting documents

that indicate that the equipment is

substantially identical to approved

equipment to: MVACs Recycling

Program Manager, Stratospheric

Protection Division (6205J), U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460,

Attn: Substantially Identical Equipment

Review. Supporting documents must

include process flow sheets, lists of

components and any other information

that would indicate that the equipment

is capable of processing the refrigerant

to the standards in appendix A, B, C, D,

E or F of this subpart, as applicable.

Authorized representatives of the

Administrator may inspect equipment

for which approval is being sought and

request samples of refrigerant that has

been extracted and/or recycled using the

equipment. Equipment that fails to meet

appropriate standards will not be

considered approved.

(3) Refrigerant recycling equipment

that recovers or recovers and recycles
68048 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

CFC–12 refrigerant and has not been

certified under paragraph (a) or

approved under paragraphs(b)(1) and

(b)(2) of this section shall be considered

approved for use with an MVAC-like

appliance if it was manufactured or

imported before November 15, 1993,

and is capable of reducing the system

pressure to 102 mm of mercury vacuum

under the conditions set forth in

appendix A of this subpart.

* * * * *

6. Section 82.38 is amended by

revising paragraphs (a) and (b)(1)(iii) to

read as follows:

§ 82.38 Approved independent standards

testing organizations.

(a) Any independent standards testing

organization may apply for approval by

the Administrator to certify equipment

as meeting the standards in appendix A,

B, C, D, E, or F of this subpart, as

applicable. The application shall be sent

to: MVACs Recycling Program Manager,

Stratospheric Protection Division

(6205J), U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

(b) * * *

(1) * * *

(iii) Thorough knowledge of the

standards as they appear in the

applicable appendices of this subpart;

and

* * * * *

7. Section 82.40 is amended by

revising paragraph (a)(2)(i) to read as

follows:

§ 82.40 Technician training and

certification.

(a) * * *

(2) * * *

(i) The standards established for the

service and repair of MVACs and

MVAC-like appliances as set forth in

appendices A, B, C, D, E, and F of this

subpart. These standards relate to the

recommended service procedures for

the containment of refrigerant,

extraction equipment, extraction and

recycle equipment, and the standard of

purity for refrigerant in motor vehicle

air conditioners.

* * * * *

8. Appendix C is added to Subpart B

to read as follows:

Appendix C to Subpart B of Part 82—

Standard for Recover/Recycle

Equipment for HFC–134a Refrigerant

I. SAE J2210, issued December, 1991.

HFC–134a Recycling Equipment for Mobile

Air Conditioning Systems

Foreword

The purpose of this standard is to establish

the specific minimum equipment

specification required for the recycling of

HFC–134a that has been directly removed

from, and is intended for reuse in, mobile airconditioning systems. Establishing such

specifications will assure that system

operation with recycled HFC–134a will

provide the same level of performance and

durability as new refrigerant.

1. Scope

The purpose of this standard is to establish

specific minimum equipment requirements

for recycling HFC–134a that has been directly

removed from, and is intended for reuse in,

mobile air-conditioning (A/C) systems.

2. References

Applicable Documents—The following

publications form a part of this specification

to the extent specified.

2.1.1

SAE Publications—Available from SAE,

400 Commonwealth Drive, Warrendale,

PA 15096–0001.

SAE J2099—Standard of Purity for

Recycled HFC-134a for Use in Mobile

Air-Conditioning Systems

SAE J2196—Service Hoses for Automotive

Air-Conditioning

SAE J2197—Service Hose Fittings for

Automotive Air-Conditioning

2.1.2

CGA Publications—Available from CGA,

1235 Jefferson Davis Highway, Arlington,

VA 22202.

CGA Pamphlet S–1.1-Pressure Relief

Device Standard

Part 1—Cylinders for Compressed Gases

2.1.3

DOT Publications—Available from the

Superintendent of Documents, U.S.

Government Printing Office,

Washington, D.C. 20402

DOT Standard, 49 CFR 173.304—ShippersGeneral Requirements for Shipments and

Packagings

2.1.4

UL Publications—Available from

Underwriters Laboratories, 333 Pfingsten

Road, Northbrook, IL 60062–2096.

UL 1769—Cylinder Valves

UL 1963—Refrigerant Recovery/Recycling

Equipment

3. Specification and General Description

3.1 The equipment must be able to remove

and process HFC–134a from mobile A/C

systems to the purity level specified in

SAE J2099.

3.2 The equipment shall be suitable for use

in an automotive service garage

environment and be capable of

continuous operation in ambients from

10 to 49°C (50 to 120°F).

3.3 The equipment must be certified that it

meets this specification by Underwriters

Laboratories (UL) or an equivalent

certifying laboratory.

3.4 The equipment shall have a label which

states ‘‘Design Certified by (Certifying

Agent) to meet SAE J2210’’ in bold-type

letters a minimum of 3 mm in height.

4. Refrigerant Recycling Equipment

Requirements

4.1 Moisture and Acid—The equipment

shall incorporate a desiccant package

that must be replaced before saturation

with moisture, and whose mineral acid

capacity is at least 5% by weight of the

dry desiccant.

4.1.1 The equipment shall be provided

with a moisture detection means that

will reliably indicate when moisture in

the HFC–134a reaches the allowable

limit and desiccant replacement is

required.

4.2 Filter—The equipment shall

incorporate an in-line filter that will trap

particulates of 15 micron spherical

diameter or greater.

4.3 Noncondensable Gases

4.3.1 The equipment shall either

automatically purge noncondensables

(NCGs) if the acceptable level is

exceeded or incorporate a device that

indicates to the operator that the NCG

level has been exceeded. NCG removal

must be part of the normal operation of

the equipment and instructions must be

provided to enable the task to be

accomplished within 30 minutes.

4.3.2 Refrigerant loss from

noncondensable gas purging during the

testing described in Section 8 shall not

exceed 5% by weight of the total

contaminated refrigerant removed from

the test system.

4.4 Recharging and Transfer of Recycled

Refrigerant—Recycled refrigerant for

recharging and transfer shall be taken

from the liquid phase only.

5. Safety Requirements

5.1 The equipment must comply with

applicable federal, state, and local

requirements on equipment related to

handling HFC–134a material. Safety

precautions or notices related to safe

operation of the equipment shall be

prominently displayed on the equipment

and should also state ‘‘CAUTION—

SHOULD BE OPERATED BY

QUALIFIED PERSONNEL’’.

5.2 HFC–134a has been shown to be

nonflammable at ambient temperature

and atmospheric pressure. However,

tests under controlled conditions have

indicated that, at pressures above

atmospheric and with air concentrations

greater than 60% by volume, HFC–134a

can form combustible mixtures. While it

is recognized that an ignition source is

also required for combustion to occur,

the presence of combustible mixtures is

a potentially dangerous situation and

should be avoided.

5.3 Under NO CIRCUMSTANCES should

any equipment be pressure tested or leak

tested with air/HFC–134a mixtures. Do

not use compressed air (shop air) for leak

detection in HFC–134a systems.
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68049

6. Operating Instructions

6.1 The equipment manufacturer must

provide operating instructions, including

proper attainment of vehicle system

vacuum (i.e., when to stop the extraction

process), filter/desiccant replacement,

and purging of noncondensable gases

(air). Also to be included are any other

necessary maintenance procedures,

source information for replacement parts

and repair, and safety precautions.

6.2 The equipment must prominently

display the manufacturer’s name,

address, the type of refrigerant it is

designed to recycle, a service telephone

number, and the part number for the

replacement filter/drier.

7. Functional Description

7.1 The equipment must be capable of

ensuring removal of refrigerant from the

system being serviced by reducing the

system pressure to a minimum of 102

mm (4 in) of mercury below atmospheric

pressure (i.e., vacuum).

7.2 During operation, the equipment shall

provide overfill protection to assure that

the liquid fill of the storage container

(which may be integral or external) does

not exceed 80% of the tank’s rated

volume at 21.1°C (70°F) per Department

of Transportation (DOT) Standard, 49

CFR 173.304 and the American Society

of Mechanical Engineers.

7.3 Portable refillable tanks or containers

used in conjunction with this equipment

must be labeled ‘‘HFC-134a’’, meet

applicable DOT or Underwriters

Laboratories (UL) Standards, and shall

incorporate fittings per SAE J2197.

7.3.1 The cylinder valve shall comply with

the standard for cylinder valves, UL

1769.

7.3.2 The pressure relief device shall

comply with the Pressure Relief Device

Standard Part 1—Cylinders for

Compressed Gases, CGA Pamphlet S–1.1.

7.3.3 The tank assembly shall be marked to

indicate the first retest date which shall

be 5 years after the date of manufacture.

The marking shall indicate that retest

must be performed every subsequent 5

years. The marking shall be in letter at

least 6 mm (1⁄4 in) high.

7.4 All flexible hoses must comply with

SAE J2196.

7.5 Service hoses must have shutoff devices

located within 30 cm (12 in) of the

connection point to the system being

serviced as identified in J2196. All

service fittings must comply with SAE

J2197.

7.6 The equipment must be able to separate

the lubricant from the removed

refrigerant and accurately indicate the

amount of lubricant removed during the

process, in 30 mL (1 fl oz) units.

Refrigerant dissolves in lubricants and,

as a result, increases the volume of the

recovered lubricant sample. This creates

the illusion that more lubricant has been

recovered than actually has been. The

equipment lubricant measuring system

must take into account such dissolved

refrigerant to prevent overcharging the

vehicle system with lubricant. (Note: Use

only new lubricant to replace the amount

removed during the recycling process.

Used lubricant should be discarded per

applicable federal, state, and local

requirements.)

8. Testing

This test procedure and its requirements

are to be used to determine the ability of the

recycling equipment to adequately recycle

contaminated refrigerant.

8.1 The equipment shall be able to clean the

contaminated refrigerant in section 8.3 to

the purity level defined in SAE J2099.

8.2 The equipment shall be operated in

accordance with the manufacturer’s

operating instructions.

8.3 Contaminated HFC–134a Sample.

8.3.1 The standard contaminated

refrigerant shall consist of liquid HFC–

134a with 1300 ppm (by weight)

moisture (equivalent to saturation at

38°C [100 °F]), 45,000 ppm (by weight)

HFC–134a compatible lubricant, and

1000 ppm (by weight) of noncondensable

gases (air).

8.3.1.1 The HFC–134a compatible

lubricant referred to in section 8.3.1 shall

be ICI DGLF 118, or equivalent, which

shall contain no more than 1000 ppm by

weight of moisture.

8.4 Test Cycle

8.4.1 The equipment must be

preconditioned by processing 13.6 kg (30

lb) of the standard contaminated HFC–

134a at an ambient of 21°C (70°F) before

starting the test cycle. 1.13 kg (2.5 lb)

samples are to be processed at 5 min

intervals. The test fixture, depicted in

Figure 1 to Appendix A, shall be

operated at 21°C (70°F).

8.4.2 Following the preconditioning

procedure per section 8.4.1, 18.2 kg (40

lb) of standard contaminated HFC–134a

are to be processed by the equipment.

8.5 Sample Requirements

8.5.1 Samples of the standard

contaminated refrigerant from section

8.3.1 shall be processed as required in

section 8.6 and shall be analyzed after

said processing as defined in sections

8.7, 8.8, and section 8.9. Note exception

for non-condensable gas determination

in section 8.9.4.

8.6 Equipment Operating Ambient

8.6.1 The HFC–134a is to be cleaned to

the purity level, as defined in SAE J2099,

with the equipment operating in a stable

ambient of 10, 21, and 49°C (50, 70,

120°F) while processing the samples as

defined in section 8.4.

8.7 Quantitative Determination of Moisture

8.7.1 The recycled liquid phase sample of

HFC–134a shall be analyzed for moisture

content via Karl Fischer coulometric

titration, or an equivalent method. The

Karl Fischer apparatus is an instrument

for precise determination of small

amounts of water dissolved in liquid

and/or gas samples.

8.7.2 In conducting this test, a weighed

sample of 30 to 130 g is vaporized

directly into the Karl Fischer anolyte. A

coulometric titration is conducted and

the results are reported as parts per

million moisture (weight).

8.8 Determination of Percent Lubricant

8.8.1 The amount of lubricant in the

recycled HFC–134a sample shall be

determined via gravimetric analysis. The

methodology must account for the

hygroscopicity of the lubricant.

8.8.2 Following venting of

noncondensable gases in accordance

with the manufacturer’s operating

instructions, the refrigerant container

shall be shaken 5 min prior to extracting

samples for testing.

8.8.3 A weighed sample of 175 to 225 g

of liquid HFC–134a is allowed to

evaporate at room temperature. The

percent lubricant is calculated from

weights of the original sample and the

residue remaining after evaporation.

8.9 Noncondensable Gases

8.9.1 The amount of noncondensable

gases shall be determined by gas

chromatography. A sample of vaporized

refrigerant liquid shall be separated and

analyzed by gas chromatography. A

Porapak Q column at 130°C (266°F) and

a hot wire detector may be used for the

analysis.

8.9.2 This test shall be conducted on

liquid phase samples of recycled

refrigerant taken from a full container as

defined in section 7.2 within 30 minutes

following the proper venting of

noncondensable gases.

8.9.3 The liquid phase samples in section

8.9.2 shall be vaporized completely prior

to gas chromatographic analysis.

8.9.4 This test shall be conducted at 21

and 49°C (50 and 120°F) and may be

performed in conjunction with the

testing defined in section 8.6. The

equipment shall process at least 13.6 kg

(30 lb) of standard contami nated

refrigerant for this test).

Rationale

Not applicable.

Relationship of Standard to ISO Standard

Not applicable.

Application

The purpose of this standard is to establish

the specific minimum equipment

requirements for recycling HFC–134a that

has been directly removed from, and is

intended for reuse in, mobile airconditioning (A/C) systems.

Reference Section

SAE J2099—Standard of Purity for Recycled

HFC–134a for Use in Mobile AirConditioning Systems

SAE J2196—Service Hoses for Automotive

Air-Conditioning
68050 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

SAE J2197—Service Hose Fittings for

Automotive Air-Conditioning

CGA Pamphlet S–1.1—Pressure Relief Device

Standard Part 1—Cylinders for

Compressed Gases

UL 1769—Cylinder Valves

UL 1963—Refrigerant Recovery/Recycling

Equipment

DOT Standard, 49 CFR 173.304—Shippers—

General Requirements for Shipment and

Packagings

II. SAE J2211, issued December, 1991.

Recommended Service Procedure for the

Containment of HFC–134a

1. Scope

Refrigerant containment is an important

part of servicing mobile air-conditioning

systems. This procedure provides guidelines

for technicians for servicing mobile airconditioning systems and operating

refrigerant recycling equipment designed for

HFC–134a (described in SAE J2210).

2. References

2.1 Applicable Documents-The following

publications form a part of this

specification to the extent specified. The

latest issue of SAE publications shall

apply.

2.1.1 SAE Publications—Available from

SAE, 400 Commonwealth Drive,

Warrendale, PA 15096–0001.

SAE J2196—Service Hoses for Automotive

Air-Conditioning

SAE J2197—Service Hose Fittings for

Automotive Air-Conditioning

SAE J2210—Refrigerant Recycling

Equipment for HFC–134a Mobile AirConditioning Systems

SAE J2219—Concerns to the Mobile AirConditioning Industry

2.2 Definitions

2.2.1 Recovery/Recycling (R/R) Unit—

Refers to a single piece of equipment that

performs both functions of recovery and

recycling of refrigerants per SAE J2210.

2.2.2 Recovery—Refers to that portion of

the R/R unit operation that removes the

refrigerant from the mobile airconditioning system and places it in the

R/R unit storage container.

2.2.3 Recycling—Refers to that portion of

the R/R unit operation that processes the

refrigerant for reuse on the same job site

to the purity specifications of SAE J2099.

3. Service Procedure

3.1 Connect the recycling unit service

hoses, which shall have shutoff devices

(e.g., valves) within 30 cm (12 in) of the

service ends, to the vehicle airconditioning (A/C) service ports. Hoses

shall conform to SAE J2196 and fittings

shall conform to SAE J2197.

3.2 Operate the recycling equipment per the

equipment manufacturer’s recommended

procedure.

3.2.1 Verify that the vehicle A/C system

has refrigerant pressure. Do not attempt

to recycle refrigerant from a discharged

system as this will introduce air

(noncondensable gas) into the recycling

equipment which must later be removed

by purging.

3.2.2 Begin the recycling process by

removing the refrigerant from the vehicle

A/C system. Continue the process until

the system pressure has been reduced to

a minimum of 102mm (4 in) of mercury

below atmospheric pressure (i.e.,

vacuum). If A/C components show

evidence of icing, the component can be

gently heated to facilitate refrigerant

removal. With the recycling unit shut off

for at least 5 minutes, check A/C system

pressure. If this pressure has risen above

vacuum (0 psig), additional recycler

operation is required to remove the

remaining refrigerant. Repeat the

operation until the system pressure

remains stable at vacuum for 2 minutes.

3.3 Close the valves in the service lines

and then remove the service lines from

the vehicle system. If the recovery

equipment has automatic closing valves,

be sure they are operating properly.

Proceed with the repair/service.

3.4 Upon completion of refrigerant

removal from the A/C system, determine

the amount of lubricant removed during

the process and replenish the system

with new lubricant, which is identified

on the A/C system label. Used lubricant

should be discarded per applicable

federal, state, and local requirements.

4. Service With a Manifold Gauge Set

4.1 High-side, low-side, and center service

hoses must have shutoff devices (e.g.,

valves) within 30 cm (12 in) of the

service ends. Valves must be closed prior

to hose removal from the A/C system to

prevent refrigerant loss to the

atmosphere.

4.2 During all service operations, service

hose valves should be closed until

connected to the vehicle A/C system or

to the charging source to exclude air

and/or contain the refrigerant.

4.3 When the manifold gauge set is

disconnected from the A/C system, or

when the center hose is moved to

another device that cannot accept

refrigerant pressure, the gauge set hoses

should be attached to the recycling

equipment to recover the refrigerant from

the hoses.

5. Supplemental Refrigerant Checking

Procedure for Stored Portable Containers

5.1 Certified recycling equipment and the

accompanying recycling procedure,

when properly followed, will deliver

use-ready refrigerant. In the event that

the full recycling procedure was not

followed or the technician is unsure

about the noncondensable gas content of

a given tank of refrigerant, this procedure

can be used to determine whether the

recycled refrigerant container meets the

specification for noncondensable gases

(air). (Note: The use of refrigerant with

excess air will result in higher system

operating pressures and may cause A/C

system damage.)

5.2 The container must be stored at a

temperature of 18.3 °C (65 °F) or above

for at least 12 hours, protected from

direct sunlight.

5.3 Install a calibrated pressure gauge, with

6.9 kPa (1 psig) divisions, on the

container and read container pressure.

5.4 With a calibrated thermometer, measure

the air temperature within 10 cm (4 in)

of the container surface.

5.5 Compare the observed container

pressure and air temperature to the

values given in Tables 1 and 2 to

determine whether the container

pressure is below the pressure limit

given in the appropriate table. For

example, at an air temperature of 21 °C

(70 °F) the container pressure must not

exceed 524 kPa (76 psig).

5.6 If the refrigerant in the container has

been recycled and the container pressure

is less than the limit in Tables 1 and 2,

the refrigerant may be used.

5.7 If the refrigerant in the container has

been recycled and the container pressure

exceeds the limit in Tables 1 and 2,

slowly vent, from the top of the

container, a small amount of vapor into

the recycle equipment until the pressure

is less than the pressure shown in Tables

1 and 2.

5.8 If, after shaking the container and

letting it stand for a few minutes, the

container pressure still exceeds the

pressure limit shown in Tables 1 and 2,

the entire contents of the container shall

be recycled.

TABLE 1.—MAXIMUM ALLOWABLE CONTAINER PRESSURE (METRIC)

Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa

18 (65) ....................................................... 476 26 (79) 621 34 (93) 793 42 (108) 1007

19 (66) ....................................................... 483 27 (81) 642 35 (95) 814 43 (109) 1027

20 (68) ....................................................... 503 28 (82) 655 36 (97) 841 44 (111) 1055

21 (70) ....................................................... 524 29 (84) 676 37 (99) 876 45 (113) 1089

22 (72) ....................................................... 545 30 (86) 703 38 (100) 889 46 (115) 1124

23 (73) ....................................................... 552 31 (88) 724 39 (102) 917 47 (117) 1158

24 (75) ....................................................... 572 32 (90) 752 40 (104) 945 48 (118) 1179
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68051

TABLE 1.—MAXIMUM ALLOWABLE CONTAINER PRESSURE (METRIC)—Continued

Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa

25 (77) ....................................................... 593 33 (91) 765 41 (106) 979 49 (120) 1214

TABLE 2.—MAXIMUM ALLOWABLE CONTAINER PRESSURE (ENGLISH)

Temp, F psig Temp, F psig Temp, F psig Temp, F psig

65 .............................................................. 69 79 90 93 115 107 144

66 .............................................................. 70 80 91 94 117 108 146

67 .............................................................. 71 81 93 95 118 109 149

68 .............................................................. 73 82 95 96 120 110 151

69 .............................................................. 74 83 96 97 122 111 153

70 .............................................................. 76 84 98 98 125 112 156

71 .............................................................. 77 85 100 99 127 113 158

72 .............................................................. 79 86 102 100 129 114 160

73 .............................................................. 80 87 103 101 131 115 163

74 .............................................................. 82 88 105 102 133 116 165

75 .............................................................. 83 89 107 103 135 117 168

76 .............................................................. 85 90 109 104 137 118 171

77 .............................................................. 86 91 111 105 139 119 173

78 .............................................................. 88 92 113 106 142 120 176

6. Containers for Storage of Recycled

Refrigerant

6.1 Recycled refrigerant should not be

salvaged or stored in disposable

containers (this is one common type of

container in which new refrigerant is

sold). Use only DOT 49 CFR or UL

approved storage containers, specifically

marked for HFC–134a, for recycled

refrigerant.

6.2 Any container of recycled refrigerant

that has been stored or transferred must

be checked prior to use as defined in

Section 5.

6.3 Evacuate the tanks to at least 635 mm

Hg (25 in Hg) below atmospheric

pressure (vacuum) prior to first use.

7. Transfer of Recycled Refrigerant

7.1 When external portable containers are

used for transfer, the container must be

evacuated to at least 635 mm (25 in Hg)

below atmospheric pressure (vacuum)

prior to transfer of the recycled

refrigerant to the container. External

portable containers must meet DOT and

UL standards.

7.2 To prevent on-site overfilling when

transferring to external containers, the

safe filling level must be controlled by

weight and must not exceed 60% of the

container gross weight rating.

8. Safety Note for HFC–134a

8.1 HFC–134a has been shown to be

nonflammable at ambient temperature

and atmospheric pressure. However,

recent tests under controlled conditions

have indicated that, at pressures above

atmospheric and with air concentrations

greater than 60% by volume, HFC–134a

can form combustible mixtures. While it

is recognized that an ignition source is

also required for combustion to occur,

the presence of combustible mixtures is

a potentially dangerous situation and

should be avoided.

8.2 Under NO CIRCUMSTANCE should any

equipment be pressure tested or leak

tested with air/HFC–134a mixtures. Do

not use compressed air (shop air) for leak

detection in HFC–134a systems.

9. Disposal of Empty/Near Empty Containers

9.1 Since all refrigerant may not have been

removed from disposable refrigerant

containers during normal system

charging procedures, empty/near empty

container contents should be recycled

prior to disposal of the container.

9.2 Attach the container to the recycling

unit and remove the remaining

refrigerant. When the container has been

reduced from a pressure to vacuum, the

container valve can be closed and the

container can be removed from the unit.

The container should be marked

‘‘Empty’’, after which it is ready for

disposal.

III. SAE J2099, issued December, 1991.

Standard of Purity for Recycled HFC–134a

for Use in Mobile Air Conditioning Systems

Foreword

The purpose of this standard is to establish

the minimum level of purity required for

recycled HFC–134a removed from, and

intended for reuse in, mobile airconditioning systems.

1. Scope

This standard applies to HFC–134a

refrigerant used to service motor vehicle

passenger compartment air-conditioning

systems designed or retrofitted to use HFC–

134a. Hermetically sealed, refrigerated cargo

systems are not covered by this standard.

2. References

2.1 Applicable Documents—The following

publications form a part of this

specification to the extent specified. The

latest issue of SAE publications shall

apply.

2.1.1 SAE publications—Available from

SAE, 400 Commonwealth Drive,

Warrendale, PA 15096–0001.

SAE J2210—HFC–134a Recycling

Equipment for Mobile Air-Conditioning

Systems

SAE J2211—Recommended Service

Procedure for the Containment of HFC–

134a

3. Purity Specification

The refrigerant referred to in this standard

shall have been directly removed from, and

intended to be returned to, a mobile airconditioning system. Contaminants in this

recycled refrigerant shall be limited to

moisture, refrigerant system lubricant, and

noncondensable gases, which, when

measured in the refrigerant liquid phase,

shall not exceed the following levels:

3.1 Moisture—50 ppm by weight

3.2 Lubricant—500 ppm by weight

3.3 Noncondensable Gases (Air)—150 ppm

by weight

4. Requirements for Recycle Equipment Used

in Direct Mobile Air-Conditioning Service

Operations

4.1 Such equipment shall meet J2210,

which covers additional moisture, acid,

and filter requirements.

5. Operation of the Recycle Equipment

Recycle equipment operation shall be in

accord with SAE J2211.
68052 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Application

This Standard applies to HFC–134a

refrigerant used to service motor vehicle

passenger compartment air-conditioning

systems designed or retrofitted to use HFC–

134a. Hermetically sealed, refrigerated cargo

systems are not covered by this standard.

Reference Section

SAE J2210—HFC–134a Recycling

Equipment for Mobile Air-Conditioning

Systems

SAE J2211—Recommended Service

Procedure for the Containment of HFC–

134a.

9. Appendix D is added to Subpart B

to read as follows:

Appendix D to Subpart B—Standard for

HFC–134a Recover-Only Equipment

SAE J2211, Recommended Service

Procedure for Containment of HFC–134a, as

set forth under Appendix C of this subpart,

also applies to this Appendix D.

SAE J1732, issued December, 1994.

HFC–134a (R–134a) Extraction Equipment

for Mobile Automotive Air-Conditioning

Systems

Foreword

Appendix C established equipment

specifications for on-site recovery and reuse

of HFC–134a in air-conditioning systems.

These specifications are for HFC–134a

extraction only equipment that are intended

to be used in conjunction with the on-site

recycling equipment currently used at service

facilities, or allow for off-site refrigerant

reclamation.

1. Scope

The purpose of this standard is to provide

equipment specification for only the recovery

of HFC–134a refrigerant to be returned to a

refrigerant reclamation facility that will

process it to ARI Standard 700–93 or allow

for recycling of the recovered refrigerant to

SAE J2210 specifications by using Design

Certified equipment of the same ownership.

It is not acceptable that refrigerant removed

from a mobile air conditioning system with

this equipment be directly returned to a

mobile air-conditioning system.

This information applies to equipment

used to service automobiles, light trucks, and

other vehicles with similar HFC–134a air

conditioning systems.

2. References

2.1 Applicable Documents—The following

publications form a part of this

specification to the extent specified.

2.1.1 SAE Publications—Available from

SAE, 400 Commonwealth Drive,

Warrendale, PA 15096–0001.

SAE J639—Vehicle Service Coupling

SAE J2210—HFC–134a Recycling

Equipment for Mobile Automotive Air

Conditioning Systems

SAE J2196—Service Hoses for Automotive

Air-Conditioning

SAE J2197—Service Hose Fittings for

Automotive Air-Conditioning

2.1.2 ARI Publication—Available from

Air Conditioning and Refrigerant

Institute, 1501 Wilson Blvd. Sixth Floor,

Arlington, VA 22209.

ARI 700–93—Specifications for

Fluorocarbon Refrigerants

2.1.3 CGA Publications—Available from

CGA, 1235 Jefferson Davis Highway,

Arlington, VA 22202.

CGA Pamphlet S–1.1—Pressure Relief

Device Standard

Part 1—Cylinders for Compressed Gases

2.1.4 DOT Publications—Available from

the Superintendent of Documents, U.S.

Government Printing Office,

Washington, D.C. 20402.

DOT Standard, 49 CFR 49 173.304—

Shippers-General Requirements for

Shipments and Packagings

2.1.5 UL Publications—Available from

Underwriters Laboratories, 333 Pfingsten

Road, Northbrook, IL 60062–2096.

UL 1769—Cylinder Valves

3. Specification and General Description

3.1 The equipment must be able to extract

HFC–134a from a mobile airconditioning system.

3.2 The equipment shall be suitable for use

in an automotive service garage

environment as defined in section 6.8.

3.3 Equipment Certification—The

equipment shall be certified by

Underwriters Laboratories or an

equivalent certifying laboratory to meet

this standard.

3.4 Label Requirements—The equipment

shall have a label ‘‘Design Certified by

(Company Name) to meet SAE J1732 for

use only with HFC–134a. The refrigerant

from this equipment must be processed

to ARI 700–93 specifications or to SAE

J2210 specifications by using Design

Certified equipment of the same

ownership.’’ The minimum letter size

shall be bold type 3 mm in height.

4. Safety Requirements

4.1 The equipment must comply with

applicable federal, state, and local

requirements on equipment related to

the handling of HFC–134a material.

Safety precautions or notices or labels

related to the safe operation of the

equipment shall also be prominently

displayed on the equipment and should

state ‘‘CAUTION—SHOULD BE

OPERATED BY CERTIFIED

PERSONNEL.’’ The safety identification

shall be located on the front near the

controls.

4.2 The equipment must comply with

applicable safety standards for electrical

and mechanical requirements.

5. Operating Instructions

5.1 The equipment manufacturer must

provide operating instructions that

include information required by SAE

J1629, necessary maintenance

procedures, and source information for

replacement parts and repair.

5.1.1 The instruction manual shall

include the following information on the

lubricant removed. Only new lubricant,

as identified by the system manufacturer,

should be replaced in the mobile air

conditioning system. Removed lubricant

from the system and/or the equipment

shall be disposed of in accordance with

the applicable federal, state, and local

procedures and regulations.

5.2 The equipment must prominently

display the manufacturer’s name,

address, the type of refrigerant it is

designed to extract, a service telephone

number, and any items that require

maintenance or replacement that affect

the proper operation of the equipment.

Operation manuals must cover

information for complete maintenance of

the equipment to assure proper

operation.

6. Functional Description

6.1 The equipment must be capable of

ensuring removal of refrigerant from the

system being serviced by reducing the

system pressure to a minimum of 102

mm (4 in) of mercury below atmospheric

pressure (i.e., vacuum). To prevent

system delayed outgassing, the unit must

have a device that assures the refrigerant

has been recovered from the airconditioning system.

6.1.1 Testing laboratory certification of

the equipment capability is required

which shall process contaminated

refrigerant samples at specific

temperatures.

6.2 The equipment must be preconditioned

by processing 13.6 kg (30 lb) of the

standard contaminated HFC–134a at an

ambient of 21°C (70°F) before starting the

test cycle. Sample amounts are not to

exceed 1.13 kg (2.5 lb) with sample

amounts to be repeated every 5 minutes.

The test fixture shown in Figure 1 to

Appendix A of this subpart shall be

operated at 21°C. Contaminated HFC–

134a samples shall be processed at

ambient temperatures of 10 and 49°C,

without equipment shutting due to any

safety devices employed in this

equipment.

6.2.1 Contaminated HFC–134a sample

6.2.2 Standard contaminated HFC–134a

refrigerant, 13.6 kg sample size, shall

consist of liquid HFC–134a with 1300

ppm (by weight) moisture at 21°C and

45,000 ppm (by weight) of oil

(polyalkylene glycol oil with 100 cs

viscosity at 40°C or equivalent) and 1000

ppm by weight of noncondensable gases

(air).

6.3 Portable refillable containers used in

conjunction with this equipment must

meet applicable DOT Standards.

6.3.1 The container color must be blue

with a yellow top to identify that it

contains used HFC–134a refrigerant. It

must be permanently marked on the

outside surface in black print at least 20

mm high ‘‘DIRTY HFC–134a—DO NOT

USE, MUST BE REPROCESSED’’.

6.3.2 The portable refillable container

shall have a 1⁄2 inch ACME thread.

6.3.3 During operation, the equipment

shall provide overfill protection to assure

that the storage container liquid fill does

not exceed 80% of the tank’s rated

volume at 21°C per DOT Standard, 49

CFR 173.304 and the American Society

of Mechanical Engineers.

6.4 Additional Storage Tank Requirements
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68053

6.4.1 The cylinder valve shall comply

with UL 1769.

6.4.2 The pressure relief device shall

comply with CGA Pamphlet S–1.1.

6.4.3 The container assembly shall be

marked to indicate the first retest date,

which shall be 5 years after date of

manufacture. The marking shall indicate

that retest must be performed every

subsequent 5 years. The markings shall

be in letters at least 6 mm high.

6.5 All flexible hoses must meet SAE J2196

for service hoses.

6.6 Service hoses must have shutoff devices

located within 30 cm (12 in) of the

connection point to the system being

serviced to minimize introduction of

noncondensable gases into the recovery

equipment during connection and the

release of the refrigerant during

disconnection.

6.7 The equipment must be able to separate

the lubricant from recovered refrigerant

and accurately indicate the amount

removed from the simulated automotive

system during processing in 30 mL units.

6.7.1 The purpose of indicating the

amount of lubricant removed is to ensure

that a proper amount of new lubricant is

returned to the mobile air conditioning

system for compressor lubrication.

6.7.2 Refrigerant dissolved in this

lubricant must be accounted for to

prevent system lubricant overcharge of

the mobile air-conditioning system.

6.8 The equipment must be capable of

continuous operation in ambient

temperatures of 10°C to 49°C and comply

with 6.1 and 6.2.

7. For test validation, the equipment is to

be operated according to the manufacturer’s

instructions.

Application

The purpose of this standard is to provide

equipment specification for only the recovery

of HFC–134a refrigerant to be returned to a

refrigerant reclamation facility that will

process it to ARI Standard 700–93 or allow

for the recycling of the recovered refrigerant

to SAE J2210 specifications by using Design

Certified equipment of the same ownership.

It is not acceptable that the refrigerant

removed from a mobile air-conditioning

system with this equipment be directly

returned to a mobile air-conditioning system.

This information applies to equipment

used to service automobiles, light trucks, and

other vehicles with similar HFC–134a airconditioning systems.

Reference Section

SAE J639—Vehicle Service Coupling

SAE J2210—HFC–134a Recycling Equipment

for Mobile Automotive Air Conditioning

Systems

SAE J2196—Service Hoses for Automotive

Air-Conditioning

ARI 700–93—Specifications for Fluorocarbon

Refrigerants

CGA Pamphlet S–1.1—Pressure Relief Device

Standard Part 1—Cylinders for

Compressed Gases

UL 1769—Cylinder Valves

49 CFR 173.304—Shippers—General

Requirements for Shipment and

Packagings

10. Appendix E is added to Subpart

B to read as follows:

Appendix E to Subpart B—The

Standard for Automotive Refrigerant

Recycling Equipment Intended for Use

With Both CFC–12 and HFC–134a

SAE J2211, Recommended Service

Procedure for the Containment of HFC–134a,

as set forth under Appendix C of this subpart,

and SAE J1989, Recommended Service

Procedure for the Containment of CFC–12, as

set forth under Appendix A of this subpart,

also apply to this Appendix E of this subpart.

SAE J1770, issued December, 1995.

Automotive Refrigerant Recycle Equipment

Intended for Use With Both CFC–12 and

HFC–134a

Foreword

The purpose of this standard is to establish

specific minimum equipment requirements

for automotive refrigerant recycling

equipment intended for use with both CFC–

12 and HFC–134a in a common refrigerant

circuit. Establishing such specifications will

assure that this equipment does not cross

contaminate refrigerant above specified

limits when used under normal operating

conditions.

1. Scope

The purpose of this standard is to establish

the specific minimum equipment intended

for use with both CFC–12 and HFC–134a in

a common refrigerant circuit that has been

directly removed from, and is intended for

reuse in, mobile air-conditioning (A/C)

systems. This standard does not apply to

equipment used for CFC–12 and HFC–134a

having a common enclosure with separate

circuits for each refrigerant.

2. References

2.1 Applicable Documents—The following

publications form a part of this

specification to the extent specified. The

latest issue of SAE publications shall

apply.

2.1.1 SAE Publications—Available from

SAE, 400 Commonwealth Drive,

Warrendale, PA 15096–0001.

SAE J2099—Standard of Purity for

Recycled HFC–134a for Use in Mobile

Air-Conditioning Systems

SAE 1991—Standard of Purity for Use in

Mobile Air-Conditioning Systems

SAE J2196—Service Hoses for Automotive

Air-Conditioning

SAE J2197—Service Hose Fittings for

Automotive Air-Conditioning

SAE J2210—HFC–134a (R–134a) Recycling

Equipment for Mobile A/C Systems

SAE J1990—Extraction and Recycling

Equipment for Mobile A/C Systems

2.1.2 Compressed Gas Association (CGA)

Publications—Available from CGA, 1235

Jefferson Davis Highway, Arlington, VA

22202.

CGA Pamphlet S–1.1—Pressure Relief

Device Standard

Part 1—Cylinders for Compressed Gases

2.1.3 DOT Publications—Available from

the Superintendent of Documents, U.S.

Government Printing Office,

Washington, D.C. 20402

2.1.4 UL Publications—Available from

Underwriters Laboratories, 333 Pfingsten

Road, Northbrook, IL 60062–2096.

UL 1769—Cylinder Valves

UL 1963—Refrigerant Recovery/Recycling

Equipment

3. Specification and General Description

3.1 The equipment shall be suitable for use

in an automotive service garage

environment and be capable of

continuous operation in ambients from

10 to 49°C.

3.2 The equipment must be certified that it

meets this specification by Underwriters

Laboratories Inc. (UL), or by an

equivalent Nationally Recognized

Testing Laboratory (NRTL).

3.3 The equipment shall have a label which

states ‘‘Design Certified by (Certifying

Agent) to meet SAE J1770 for recycling

CFC–12 and HFC–134a using common

refrigerant circuits’’, in bold-type letters

a minimum of 3 mm in height.

4. Equipment Requirements

4.1 General

4.1.1 The equipment shall be capable of

preventing cross contamination to the

level required by Section 9.2.1.G before

an operation involving a different

refrigerant can begin. The equipment

must prevent initiation of the recovery

operation if the equipment is not set up

properly.

4.1.2 If an operator action is required to

clear the unit prior to reconnecting for a

different refrigerant, the equipment shall

be provided with a means which

indicates which refrigerant was last

processed.

4.1.3 Means shall be provided to prevent

recovery from both an CFC–12 and HFC–

134a mobile air conditioning system

concurrently.

4.1.4 Transfer of recycled refrigerant—

Recycled refrigerant for recharging and

transfer shall be taken from the liquid

phase only.

4.2 Seat Leakage Test

4.2.1 Valves, including electrically

operated solenoid valves, that are used to

isolate CFC–12 and HFC–134a refrigerant

circuits, shall have a seat leakage rate not

exceeding 15 g/yr (1⁄2 oz/yr) before and

after 100,000 cycles of operation. This

Endurance Test shall be conducted with

HFC–134a at maximum operating

pressure as determined by sections 8.1

and 8.2. The Seat Leakage Test shall be

performed at 1.5 times this pressure at an

ambient of 24°C.

4.3 Interlocks

4.3.1 Electrical interlock devices used to

prevent cross contamination of

refrigerant shall be operated for 100,000

cycles and there shall be no failure that

would permit cross contamination of

refrigerant. Solid state inter lock devices

shall comply with the Transient

Overvoltage Test and the Fast Transient

(Electric Noise) Test contained in the

Standard for Tests for Safety Related
68054 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Controls Employing Solid-State Devices,

UL 991.

4.4 Noncondensable Gases

4.4.1 The equipment shall either

automatically purge noncondensables

(NCGs) if the acceptable level is

exceeded or incorporate a device that

indicates to the operator the NCG level

has been exceeded. A pressure gauge

used to indicate an NCG level shall be

readable in 1 psig increments. NCG

removal must be part of the normal

operation of the equipment and

instructions must be provided to enable

the task to be accomplished within 30

minutes.

4.4.2 Refrigerant loss from

noncondensable gas purging, oil

removal, and refrigerant clearing shall

not exceed more than 5 percent by

weight of the total amount of refrigerant

through the equipment as detailed in

Sections 8.1, 8.2, and 9.2.

4.5 Filter

4.5.1 A 15 micron filter, or other

equivalent means, to remove particulates

of 15 micrometers spherical diameter or

greater shall be located before any

manual electrically operated valves that

may cause cross contamination.

4.6 Moisture and Acid

4.6.1 The equipment shall incorporate a

desiccant package that must be replaced

before saturated with moisture, and

whose acid capacity is at least 5% by

weight of the dry desiccant.

4.6.2 The equipment shall be provided

with a moisture detection means that

will reliably indicate when moisture in

the HFC–134a exceeds 50 ppm, or in the

CFC–12 exceeds 15 ppm, and requires

the filter/drier replacement.

5. Operating Instructions

5.1 The equipment manufacturer must

provide operating instructions, including

proper attainment of vehicle system

vacuum (i.e., when to stop the extraction

process, and also to stop the extraction

process if it is noticed that the A/C

system being serviced has a leak), filter/

desiccant replacement, and purging of

noncondensable gases (air). The

instructions shall indicate that the

correct sequence of operation be

followed so that the equipment can

properly remove contaminates to the

acceptable level. Also to be included are

any other necessary maintenance

procedures, source information for

replacement parts and repair, and safety

precautions.

5.2 The equipment must prominently

display the manufacturer’s name,

address, the type of refrigerant (CFC–12

and HFC–134a), a service telephone

number, and the part number for the

replacement filter/drier. Operation

manuals must cover information for

complete maintenance of the equipment

to assure proper operation.

6. Safety Requirements

6.1 The equipment must comply with

applicable federal, state, and local

requirements on equipment related to

handling CFC–12 and HFC–134a

material. Safety precautions or notices

related to the safe operation of the

equipment shall be prominently

displayed on the equipment and should

also state ‘‘CAUTION—SHOULD BE

OPERATED BY QUALIFIED

PERSONNEL’’.

6.2 HFC–134a has been shown to be

nonflammable at ambient temperature

and atmospheric pressure. The following

statement shall be in the operating

manual: ‘‘Caution: HFC–134a service

equipment or vehicle A/C systems

should not be pressure tested or leak

tested with compressed air. Some

mixtures of air and HFC–134a have been

shown to be combustible at elevated

pressures (when contained in a pipe or

tank). These mixtures may be potentially

dangerous, causing injury or property

damage. Additional health and safety

information may be obtained from

refrigerant and lubricant manufacturers.’’

7. Functional Description

7.1 General

7.1.1 The equipment must be capable of

ensuring recovery of the CFC–12 and

HFC–134a from the system being

serviced, by reducing the system to a

minimum of 102 mm of mercury below

atmospheric pressure (i.e., vacuum).

7.1.2 The equipment must be compatible

with leak detection material that may be

present in the mobile A/C system.

7.2 Shut Off Device

7.2.1 To prevent overcharge, the

equipment must be equipped to protect

the tank used to store the recycled

refrigerant with a shutoff device and a

mechanical pressure relief valve.

7.3 Storage Tanks

7.3.1 Portable refillable tanks or

containers shall be supplied with this

equipment and must be labeled ‘‘HFC–

134a’’ or ‘‘CFC–12’’ as appropriate, meet

applicable Department of Transportation

(DOT) or NRTL’s Standards and be

adaptable to existing refrigerant service

and charging equipment.

7.3.2 The cylinder valve shall comply

with the Standard for Cylinder Valves,

UL 1769.

7.3.3 The pressure relief device shall

comply with the Pressure Relief Device

Standard Part 1—Cylinders for

Compressed Gases, CGA Pamphlet S–1.1.

7.3.4 The tank assembly shall be marked

to indicate the first retest date, which

shall be 5 years after the date of

manufacture. The marking shall indicate

that retest must be performed every

subsequent 5 years. The marking shall be

in letters at least 6 mm high.

7.4 Overfill Protection

7.4.1 During operation, the equipment

must provide overfill protection to

assure that during filling or transfer, the

tank or storage container cannot exceed

80% of volume at 21.1°C of its maximum

rating as defined by DOT standards, 49

CFR 173.304 and American Society of

Mechanical Engineers.

7.5 Hoses and Connections

7.5.1 Separate inlet and outlet hoses with

fittings and separate connections shall be

provided for each refrigerant circuit.

7.5.2 All flexible hoses and fittings must

meet SAE J2196 (for CFC–12) and SAE

J2197 (for HFC–134a).

7.5.3 Service hoses must have shutoff

devices located within 30 cm of the

connection point to the system being

serviced.

7.6 Lubricant Separation

7.6.1 The equipment must be able to

separate the lubricant from the removed

refrigerant and accurately indicate the

amount of lubricant removed during the

process, in 30 mL (1 fl oz) units.

Refrigerant dissolves in lubricant and, as

a result, increases the volume of the

recovered lubricant sample. This creates

the illusion that more lubricant has been

recovered that actually has been. The

equipment lubricant measuring system

must take into account such dissolved

refrigerant removed from the A/C system

being serviced to prevent overcharging

the vehicle system with lubricant.

(Note: Use only new lubricant to replace the

amount removed the recycling process. Used

lubricant should be discarded per applicable

federal, state and local requirements.)

7.6.2 The equipment must be provided

with some means, such as a lockout

device, which will prevent initiation of

the recovery operation after switching to

the other refrigerant, if the lubricant has

not been drained from the oil separator.

8. Testing

8.0 Equipment shall be tested in sequence

as noted in sections 8.1, 8.2 and 9.2. The

filter/drier may be replaced only as

noted by section 4.6.2.

8.1 CFC–12 Recycling Cycle

8.1.1 The maximum operating pressure of

the equipment shall be determined when

recycling CFC–12 while conducting the

following tests. This pressure is needed

for the Seat Leakage Test, Section 4.2.

8.1.2 The equipment must be

preconditioned with 13.6 kg of the

standard contaminated CFC–12 (see

section 8.1.2a) at an ambient of 21°C

before starting the test cycle. Sample

amounts shall be 1.13 kg with sample

amounts to be repeated every 5 minutes.

The sample method fixture, defined in

Figure 1 to Appendix A, shall be

operated at 21°C.

8.1.2a Standard contaminated CFC–12

refrigerant shall consist of liquid CFC–12

with 100 ppm (by weight) moisture at

21•C and 45,000 ppm (by weight)

mineral oil 525 suspension viscosity

nominal and 770 ppm by weight of

noncondensable gases (air).

8.1.3 The high moisture contaminated

sample shall consist of CFC–12 vapor

with 1000 ppm (by weight) moisture.

8.1.4 The high oil contaminated sample

shall consist of CFC–12 with 200,000

ppm (by weight) mineral oil 525

suspension viscosity nominal.

8.1.5 After preconditioning as stated in

section 8.1.2, the test cycle is started,
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68055

processing the following contaminated

samples through the equipment.

A. 13.6 kg (1.13 kg per batch) of standard

contaminated CFC–12.

B. 1 kg of high oil contaminated CFC–12.

C. 4.5 kg (1.13 kg per batch) of standard

contaminated CFC–12.

D. 1 kg of high moisture contaminated

CFC–12.

8.1.6 The CFC–12 is to be cleaned to the

minimum purity level, as defined in SAE

J1991, with the equipment operating in

a stable ambient of 10, 21, and 49•C and

processing the samples as defined in

section 8.1.5.

8.2 HFC–134a Recycling Cycle

8.2.1 The maximum operating pressure of

the equipment shall be determined when

recycling HFC–134a while conducting

the following tests. This pressure is

needed for the Seat Leakage Test, Section

4.2.

8.2.2 The equipment must be

preconditioned by processing 13.6 kg of

the standard contaminated HFC–134a

(see section 8.2.2a) at an ambient of 21°C

before starting the test cycle. 1.13 kg

samples are to be processed at 5 minute

intervals. The text fixture shown in

Figure 1 to Appendix A shall be operated

at 21°C.

8.2.2a The standard contaminated

refrigerant shall consist of liquid HFC–

134a with 1300 ppm (by weight)

moisture (equivalent to saturation at

38°[100°F]), 45,000 ppm (by weight)

HFC–134a compatible lubricant, and

1000 ppm (by weight) of noncondensable

gases (air).

8.2.2b The HFC–134a compatible

lubricant referred to in section 8.2.2a

shall be a polyalkylene glycol based

synthetic lubricant or equivalent, which

shall contain no more than 1000 ppm by

weight of moisture.

8.2.3 Following the preconditioning

procedure per section 8.2.2, 18.2 kg of

standard contaminated HFC–134a are to

be processed by the equipment at each

stable ambient temperature of 10, 21, and

49°C.

8.2.4 The HFC–134a is to be cleaned to

the purity level, as defined in SAE J2099.

9. Refrigerant Cross Contamination Test

9.1 General

9.1.1 For test validation, the equipment is

to be operated according to the

manufacturer’s instruction.

9.1.2 The equipment shall clean the

contaminated CFC–12 refrigerant to the

minimum purity level as defined in

Appendix A, when tested in accordance

with the requirements in section 8.1.

9.1.3 The equipment shall clean the

contaminated HFC–134a refrigerant to

the purity level defined in Appendix C,

when tested in accordance with the

requirements in section 8.2.

9.2 Test Cycle

9.2.1 The following method shall be used

after the tests and requirements in

Sections 8.1 and 8.2, respectively, are

completed. Following the manufacturer’s

instructions, the equipment shall be

cleared of HFC–134a, prior to beginning

step A. The only refrigerant used for this

is noted in steps A, C, and E of section

9.2.1. The test fixture shown in Figure 1

to Appendix A shall be used and the test

shall be conducted at 10, 21, and 49°C

ambients.

A. A 1.13 kg standard contaminated

sample of CFC–12 (see section 8.1.2a)

shall be processed by the equipment.

B. Follow manufacturer’s instructions to

clear the equipment of CFC–12 before

processing HFC–134a.

C. Process a 1.13 kg, standard

contaminated sample of HFC–134a (see

section 8.2.2a) through the equipment.

D. Follow manufacturer’s instructions to

clear the equipment of HFC–134a before

processing CFC–12.

E. Process a 1.13 kg standard contaminated

sample of CFC–12 (see section 8.1.2a)

through the equipment.

F. Follow manufacturer’s instructions to

clear the equipment of CFC–12.

G. The amount of cross contaminated

refrigerant, as determined by gas

chromatography, in samples processed

during steps C and E of section 9.2.1.,

shall not exceed 0.5 percent by weight.

10. Sample Analysis

10.1 General

10.1.1 The processed contaminated

samples shall be analyzed according to

the following procedure.

10.2 Quantitative Determination of

Moisture

10.2.1 The recycled liquid phase sample

of refrigerant shall be analyzed for

moisture content via Karl Fischer

coulometer titration or an equivalent

method. The Karl Fischer apparatus is an

instrument for precise determination of

small amounts of water dissolved in

liquid and/or gas samples.

10.2.2 In conducting the test, a weighed

sample of 30 to 130 g is vaporized

directly into the Karl Fischer anolyte. A

coulometer titration is conducted and

the results are calculated and displayed

as parts per million moisture (weight).

10.3 Determination of Percent Lubricant

10.3.1 The amount of lubricant in the

recycled sample of refrigerant/lubricant

is to be determined by gravimetric

analysis.

10.3.2 Following venting of

noncondensable, in accordance with the

manufacturer’s operating instructions,

the refrigerant container shall be shaken

for 5 minutes prior to extracting samples

for test.

10.3.3 A weighed sample of 175 to 225 g

of liquid refrigerant/lubricant is allowed

to evaporate at room temperature. The

percent lubricant is to be calculated from

the weight of the original sample and the

residue remaining after the evaporation.

10.4 Noncondensable Gas

10.4.1 The amount of noncondensable gas

is to be determined by gas

chromatography. A sample of vaporized

refrigerant liquid shall be separated and

analyzed by gas chromatography. A

Propak Q column at 130° C and a hot

wire detector may be used for analysis.

10.4.2 This test shall be conducted on

liquid phase samples of recycled

refrigerant taken from a full container as

defined in 7.4 within 30 minutes

following the proper venting of

noncondensable gases.

10.4.3 The samples shall be shaken for at

least 15 minutes prior to testing while at

a temperature of 24° C ± 2.8• C.

10.5 Refrigerant Cross Contamination

10.5.1 The amount of cross contamination

of CFC–12 in HFC–134a or HFC–134a in

CFC–12 shall not exceed 0.5 percent by

weight as determined by gas

chromatography. A sample of vaporized

refrigerant liquid shall be separated and

analyzed by gas chromatography. A 1%

SP–1000 on Carbopack B (60/80 mesh)

column may be used for the analysis.

11. Appendix F is added to Subpart

B to read as follows:

Appendix F to Subpart B of Part 82—

Standard for Recover-Only Equipment

That Extracts a Single, Specific

Refrigerant Other Than CFC–12 or

HFC–134a

Foreword

These specifications are for equipment that

recover, but does not recycle, any single,

specific automotive refrigerant other than

CFC–12 or HFC–134a, including a blend

refrigerant.

1. Scope

The purpose of this standard is to provide

equipment specifications for the recovery of

any single, specific refrigerant other than

CFC–12 or HFC–134a, including a blend

refrigerant, which are either (1) to be

returned to a refrigerant reclamation facility

that will process the refrigerant to ARI

Standard 700–93 or equivalent new product

specifications at a minimum, or (2) to be

recycled in approved refrigerant recycling

equipment, or (3) to be destroyed. This

standard applies to equipment used to

service automobiles, light trucks, and other

vehicles with similar air conditioning

systems.

2. References

2.1 Applicable Documents—The following

publications form a part of this

specification to the extent specified. The

latest issue of SAE publications shall

apply.

2.1.1 SAE Publications—Available from

SAE, 400 Commonwealth Drive,

Warrendale, PA 15096–0001. SAE J639—

Vehicle Service Coupling. SAE J2196—

Service Hoses for Automotive AirConditioning (fittings modified)

2.1.2 ARI Publication—Available from Air

Conditioning and Refrigeration Institute,

1501 Wilson Boulevard, Sixth Floor,

Arlington, VA 22209. ARI 700–93—

Specifications for Fluorocarbon

Refrigerants.

2.1.3 Compressed Gas Association (CGA)

Publications—Available from CGA, 1235

Jefferson Davis Highway, Arlington, VA

22202. CGA Pamphlet S–1.1—Pressure

Relief Device Standard Part 1—Cylinders

for Compressed Gases.

2.1.4 DOT Publications—Available from

the Superintendent of Documents, U.S.

Government Printing Office,

Washington, D.C. 20402.
68056 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

DOT Standard, 49 CFR 173.304—

Shippers—General Requirements for

Shipments and Packagings.

2.1.5 UL Publications—Available from

Underwriters Laboratories, 333 Pfingsten

Road, Northbrook, IL 60062–2096.

UL 1769—Cylinder Valves.

UL 1963—Refrigerant Recovery Recycling

Equipment.

3. Specifications and General Description

3.1 The equipment must be able to extract

from a mobile air conditioning system

the refrigerant other than CFC–12 or

HFC–134a to which the equipment is

dedicated.

3.2 The equipment shall be suitable for use

in an automotive service garage

environment as defined in section 6.8.

3.3 The equipment discharge or transfer

fitting shall be unique to prevent the

unintentional use of the extracted

refrigerant for recharging auto air

conditioners.

3.4 Equipment Certification-The equipment

shall be certified by Underwriters

Laboratories or an—equivalent certifying

laboratory to meet this standard.

3.5 Label Requirements—The equipment

shall have a label ‘‘Designed Certified by

(Company Name) to meet EPA

requirements for use only with (the

applicable refrigerant). The refrigerant

from this equipment must be processed

to ARI 700–93 specifications or

equivalent new product specifications

before reuse in a mobile air-conditioning

system.’’ The minimum letter size shall

be bold type 3 mm in height.

4. Safety Requirements

4.1 The equipment must comply with

applicable federal, state, and local

requirements on equipment related to

the handling of the applicable refrigerant

material. Safety precautions or notices or

labels related to the safe operation of the

equipment shall also be prominently

displayed on the equipment and should

state ‘‘CAUTION—SHOULD BE

OPERATED BY CERTIFIED

PERSONNEL.’’ The safety identification

shall be located on the front near the

controls.

4.2 The equipment must comply with

applicable safety standards for electrical

and mechanical requirements.

5. Operating Instructions

5.1 The equipment manufacturer must

provide operating instructions that

include information equivalent to that

required by SAE J1629, necessary

maintenance procedures, and source

information for replacement parts and

repair.

5.1.1 The instruction manual shall

include the following information on the

lubricant removed: Only new lubricant,

as identified by the system manufacturer,

should be replaced in the air

conditioning system. Removed lubricant

from the system and/or the equipment

shall be disposed on in accordance with

the applicable federal, state, and local

procedures and regulations.

5.2 The equipment must prominently

display the manufacturer’s name,

address, the type of refrigerant it is

designed to extract, a service telephone

number, and any items that require

maintenance or replacement that affect

the proper operation of the equipment.

Operation manuals must cover

information for complete maintenance of

the equipment to assure proper

operation.

6.1 Functional Description

6.1 The equipment must be capable of

ensuring removal of refrigerant from the

system being serviced by reducing the

system pressure to a minimum of 102

mm (4 in) of mercury below atmospheric

pressure (i.e., to a vacuum). To prevent

system delayed outgassing, the unit must

have a device that assures that the

refrigerant has been recovered from the

air-conditioning system.

6.1.1 Testing laboratory certification of

the equipment capability is required

which shall process contaminated

refrigerant samples at specific

temperatures.

6.2 The equipment must be preconditioned

by processing 13.6 kg (30 lb) of the

standard contaminated refrigerant at an

ambient of 21°C (70°F) before starting the

test cycle. Sample amounts are not to

exceed 1.13 kg (2.5 lb) with sample

amounts to be processed at 5 min.

intervals. The test method fixture,

depicted in Figure 1 to appendix A of

this subpart, shall be operated at 21°C

(70°F). Contaminated refrigerant samples

shall be processed at ambient

temperatures of 10 and 49° C, without

equipment shutting due to any safety

devices employed in this equipment.

6.2.1 Standard contaminated refrigerant,

13.6 kg (30 lb) sample size, shall consist

of liquid refrigerant with 1000 ppm (by

weight) moisture at 21°C and 45,000

ppm (by weight) of oil (total of one-third

mineral oil 525 suspension nominal,

one-third PAG with 100 cSt viscosity at

40°C or equivalent, and one-third POE

with 68 cSt viscosity at 40°C or

equivalent) and 1000 ppm by weight of

noncondensable gases (air). Refrigerant

shall be identified prior to the recovery

process to ±2% of the original

manufacturer’s formulation submitted to,

and accepted by, EPA under its

Significant New Alternatives Policy

program, with the exception that any

flammable components shall be

identified to ±1%.

6.3 Portable refillable containers used in

conjunction with this equipment must

meet applicable DOT Standards.

6.3.1 The container color must be gray

with a yellow top to identify that it

contains used refrigerant. It must be

permanently marked on the outside

surface in black print at least 20 mm

high ‘‘DIRTY [NAME OF

REFRIGERANT]—DO NOT USE, MUST

BE PROCESSED’’.

6.3.2 The portable refillable container

shall have a unique thread connection

for the specific refrigerant.

6.3.3 During operation, the equipment

shall provide overfill protection to assure

that the storage container liquid fill does

not exceed 80% of the tank’s rated

volume at 21°C per DOT Standard, 49

CFR 173.304, and the American Society

of Mechanical Engineers.

6.4 Additional Storage Tank Requirements

6.4.1 The cylinder valve shall comply

with UL 1769.

6.4.2 The pressure relief device shall

comply with CGA Pamphlet S–1.1.

6.4.3 The container assembly shall be

marked to indicate the first retest date,

which shall be 5 years after date of

manufacture. The marking shall indicate

that retest must be performed every

subsequent 5 years. The marking shall be

in letters at least 6 mm high.

6.5 All flexible hoses must meet SAE J2196

for service hoses except that fittings shall

be unique to the applicable refrigerant.

6.6 Service hoses must have shutoff devices

located within 30 cm of the connection

point to the system being serviced to

minimize introduction of

noncondensable gases into the recovery

equipment during connection and the

release of the refrigerant during

disconnection.

6.7 The equipment must be able to separate

the lubricant from the recovered

refrigerant and accurately indicate the

amount removed from the simulated

automotive system during processing in

30 mL units.

6.7.1 The purpose of indicating the

amount of lubricant is to ensure that a

proper amount of new lubricant is

returned to the mobile air conditioning

system for compressor lubrication.

6.7.2 Refrigerant dissolved in this

lubricant must be accounted for to

prevent system lubricant overcharge of

the mobile air-conditioning system.

6.8 The equipment must be capable of

continuous operation in temperatures of

10 to 49 °C and must comply with 6.1

and 6.2.

7. For test validation, the equipment is to

be operated according to the manufacturer’s

instructions.

Application

The purpose of this standard is to provide

equipment specifications for the recovery of

any refrigerant other than CFC–12 or HFC–

134a for return to a refrigerant reclamation

facility that will process it to ARI Standard

700–93 (or for recycling in other EPA

approved recycling equipment, in the event

that EPA in the future designates a standard

for equipment capable of recycling

refrigerants other than CFC–12 or HFC–134a).

Reference Section

SAE J639—Vehicle Service Coupling

SAE J2196—Service Hoses for Automotive

Air-Conditioning

ARI 700–93—Specifications for Fluorocarbon

Refrigerants
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 68057

CGA Pamphlet S–1.1—Pressure Relief Device

Standard Part 1—Cylinders for

Compressed Gases

UL 1769—Cylinder Valves

49 CFR 173.304—Shippers—General

Requirements for Shipment and

Packagings

[FR Doc. 97–33738 Filed 12–29–97; 8:45 am]

BILLING CODE 6560–50–P