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[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Proposed Rules]
[Pages 16988-16990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6918]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2011-0776; FRL-9651-2]
RIN 2060-AR20

Protection of Stratospheric Ozone: Amendment to HFO-1234yf SNAP 
Rule for Motor Vehicle Air Conditioning Sector

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
revise one of the use conditions required for use of hydrofluoroolefin 
(HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene), a substitute for ozone-
depleting substances (ODSs) in the motor vehicle air conditioning end-
use within the refrigeration and air conditioning sector, as acceptable 
subject to use conditions under the EPA's Significant New Alternatives 
Policy (SNAP) program. The revised use condition incorporates by 
reference a revised standard from SAE International. In the ``Rules and 
Regulations'' section of this Federal Register, we are revising a use 
condition for use of HFO-1234yf in motor vehicle air conditioning as a 
direct final rule without a prior proposed rule. If we receive no 
adverse comment, we will not take further action on this proposed rule.

DATES: Written comments must be received by April 23, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0776 by mail to OAR Docket and Information Center, U.S. 
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460.
    Comments may also be submitted electronically or through hand 
delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Stratospheric 
Protection Division, Office of Atmospheric Programs; Environmental 
Protection Agency, Mail Code 6205J, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone number (202) 343-9163, fax number, 
(202) 343-2338; email address at sheppard.margaret@epa.gov. The 
published versions of notices and rulemakings under the SNAP program 
are available on EPA's Stratospheric Ozone Web site at http://www.epa.gov/ozone/snap/regs. The full list of SNAP decisions in all 
industrial sectors is available at http://www.epa.gov/ozone/snap.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This action proposes revising a use condition for the refrigerant 
HFO-1234yf in motor vehicle air conditioning under EPA's Significant 
New Alternatives Policy (SNAP) program. This action would incorporate 
by reference an updated edition of a standard from SAE International 
and clarifying the scope of the use condition. We have published a 
direct final rule which revises a condition for use of HFO-1234yf in 
motor vehicle air conditioning in the ``Rules and Regulations'' section 
of this Federal Register because we view this as a noncontroversial 
action and anticipate no adverse comment. We have explained our reasons 
for this action in the preamble to the direct final rule.
    If we receive no adverse comment and no requests for public 
hearings in response to this action, we will not take further action on 
this proposed rule. If we receive adverse comment, we will withdraw the 
direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule. If a public hearing is requested, EPA will provide notice in the 
Federal Register as to the location, date, and time.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    This notice of proposed rulemaking (NPRM) would regulate the use of 
HFO-1234yf (2,3,3,3-tetrafluoroprop-1-ene, Chemical Abstracts Service 
Registry Number [CAS Reg. No.] 754-12-1) as a refrigerant in new motor 
vehicle air conditioning (MVAC) systems in new passenger cars and 
light-duty trucks. Businesses in this end-use that might want to use 
HFO-1234yf in new MVAC systems in the future include:

 Automobile manufacturers
 Automobile repair shops
Regulated entities may include:

    Table 1--Potentially Regulated Entities, by North American Industrial Classification System (NAICS) Code
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              Category                   NAICS code                 Description of regulated entities
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Industry...........................             336111  Automobile Manufacturing.
Services...........................             811111  General Automotive Repair.
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This table is not intended to be exhaustive, but rather a guide 
regarding entities likely to be regulated by this action. If you have 
any questions about whether this action applies to a particular entity, 
consult the person listed in the preceding section, FOR FURTHER 
INFORMATION CONTACT.

III. What is EPA proposing?

    EPA is proposing to revise one of the use conditions required for 
use of hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene), 
a substitute for ozone-depleting substances (ODSs) in the motor vehicle 
air conditioning end-use under EPA's Significant New Alternatives 
Policy

[[Page 16989]]

(SNAP) program. In March 2011, EPA listed HFO-1234yf as acceptable, 
subject to use conditions, for use in motor vehicle air conditioning 
(MVAC) systems in new passenger cars and light-duty trucks (March 29, 
2011; 76 FR 17488). We are revising the use condition that incorporated 
by reference the February 2011 edition of SAE International's \1\ 
(herein after, SAE) J2844 standard for connections with refrigerant 
containers. We are revising this use condition to incorporate by 
reference an updated edition of the standard, and we also are 
clarifying the scope of that use condition. This action does not place 
any significant burden on the regulated community and ensures 
consistency with industry standards. The direct final rule will be 
effective on May 22, 2012 without further notice unless we receive 
adverse comment (or a request for a public hearing) by April 23, 2012. 
If EPA receives adverse comment or a request for a public hearing, we 
will publish a timely withdrawal in the Federal Register informing the 
public that all or part of this rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on this 
proposed rule. We will not institute a second public comment period on 
this action. Any parties interested in commenting must do so at this 
time.
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    \1\ Formerly, the Society of Automotive Engineers.
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    You may claim that information in your comments is confidential 
business information, as allowed by 40 CFR part 2. If you submit 
comments and include information that you claim as confidential 
business information, we request that you submit them directly to 
Margaret Sheppard in two versions: one clearly marked ``Public'' to be 
filed in the public docket, and the other marked ``Confidential'' to be 
reviewed by authorized government personnel only.

IV. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
It contains no new requirements for reporting. However, the Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations in 
subpart G of 40 CFR part 82 under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
numbers 2060-0226 (EPA ICR No. 1596.08). This Information Collection 
Request (ICR) included five types of respondent reporting and 
recordkeeping activities pursuant to SNAP regulations: submission of a 
SNAP petition, filing a SNAP/TSCA Addendum, notification for test 
marketing activity, recordkeeping for substitutes acceptable subject to 
use restrictions, and recordkeeping for small volume uses. The OMB 
control numbers for EPA's regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statutes unless the agency certifies that the rule will not have 
a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this proposed rule because this 
rule will not have a significant economic impact on a substantial 
number of small entities. For purposes of assessing the impacts of 
today's rule on small entities, small entity is defined as: (1) A small 
business as defined by the Small Business Administration's (SBA) 
regulations at 13 CFR 121.201; for NAICS code 336111 (Automobile 
manufacturing), a small business has http://www.sae.org/technical/standards/. This standard 
addresses, among other things, appropriate fittings and other 
requirements for refrigerant containers for use for professional 
servicing of MVAC systems using the alternative refrigerant HFO-1234yf.
    EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such 
standards should be used in this regulation.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This final rule requires specific use conditions for 
unique fittings for use with refrigerant containers for professional 
servicing of MVAC systems, for those servicing MVAC systems using this 
low global warming potential refrigerant alternative. It does not 
directly affect the amount of exposure to or emissions of HFO-1234yf 
expected.

List of Subjects in 40 CFR Part 82

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

    Dated: March 15, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-6918 Filed 3-22-12; 8:45 am]
BILLING CODE 6560-50-P
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