Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations 38969 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2017–0472; FRL–9981–89– 

OAR] 

RIN 2060–AT53 

Protection of Stratospheric Ozone: 

Revision to References for 

Refrigeration and Air Conditioning 

Sector To Incorporate Latest Edition of 

Certain Industry, Consensus-Based 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 11, 2017, the 

U.S. Environmental Protection Agency 

(EPA) published a direct final rule and 

an accompanying notice of proposed 

rulemaking entitled ‘‘Protection of 

Stratospheric Ozone: Revision to 

References for Refrigeration and Air 

Conditioning Sector To Incorporate 

Latest Edition of Certain Industry, 

Consensus-based Standards.’’ EPA 

proposed to modify the use conditions 

required for use of three flammable 

refrigerants—isobutane (R-600a), 

propane (R-290), and R-441A—in new 

household refrigerators, freezers, and 

combination refrigerators and freezers 

under the Significant New Alternatives 

Policy (SNAP) program to reflect an 

updated standard from Underwriters 

Laboratories. Because EPA received 

adverse comment, EPA withdrew the 

direct final rule through a separate 

notice. In this action, EPA is addressing 

relevant comments and finalizing the 

proposed use conditions with no 

changes. 

DATES: This rule is effective on 

September 7, 2018. The incorporation 

by reference of certain publications 

listed in the rule is approved by the 

Director of the Federal Register as of 

September 7, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2017–0472. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Chenise Farquharson, Stratospheric 

Protection Division, Office of 

Atmospheric Programs (Mail Code 

6205T), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: 202–564–7768; email address: 

farquharson.chenise@epa.gov. Notices 

and rulemakings under EPA’s SNAP 

program are available on EPA’s 

Stratospheric Ozone website at https:// 

www.epa.gov/snap/snap-regulations. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. What action is EPA taking? 

B. Does this action apply to me? 

II. Background 

A. What is the affected end-use? 

B. Use Conditions 

C. 2017 UL Standard 60335–2–24 

III. What is EPA finalizing in this action? 

A. Use Conditions 

B. Rationale for Changed Use Conditions 

C. Incorporation by Reference 

D. Equipment Manufactured Prior to 

Effective Date of This Rule 

IV. Response to Comments 

A. Compliance With 2017 UL Standard 

60335–2–24 

B. Flammability 

C. Venting Prohibition 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Executive Order 13771: Reducing 

Regulation and Controlling Regulatory 

Costs 

C. Paperwork Reduction Act 

D. Regulatory Flexibility Act 

E. Unfunded Mandates Reform Act 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

J. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

part 51 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

L. Congressional Review Act 

VI. References 

I. General Information 

A. What action is EPA taking? 

On December 11, 2017, EPA 

published a direct final rule (82 FR 

58122) to modify the use conditions for 

three flammable hydrocarbon 

refrigerants—isobutane (R-600a), 

propane (R-290), and R-441A—used in 

new household refrigerators, freezers, 

and combination refrigerators and 

freezers (hereafter ‘‘household 

refrigerators and freezers’’) by replacing 

four of the five use conditions in 

previous hydrocarbon refrigerants rules 

under EPA’s Significant New 

Alternatives Policy (SNAP) program (76 

FR 78832, December 20, 2011; 80 FR 

19454, April 10, 2015) with the revised 

Underwriters Laboratories (UL) 

Standard 60335–2–24, ‘‘Household and 

Similar Electrical Appliances—Safety— 

Part 2–24: Particular Requirements for 

Refrigerating Appliances, Ice-Cream 

Appliances and Ice-Makers’’ (2nd 

edition, April 28, 2017). We stated in 

that direct final rule that if we received 

adverse comment by January 25, 2018, 

we would publish a timely withdrawal 

in the Federal Register so that the direct 

final rule would not take effect. EPA 

received adverse comment on the direct 

final rule and published a separate 

notice withdrawing the direct final rule 

on March 7, 2018 (83 FR 9703). 

EPA also published a Notice of 

Proposed Rulemaking on December 11, 

2017 accompanying the direct final rule, 

entitled ‘‘Protection of Stratospheric 

Ozone: Revision to References for 

Refrigeration and Air Conditioning 

Sector To Incorporate Latest Edition of 

Certain Industry, Consensus-based 

Standards’’ (82 FR 58154). That notice 

proposed to make the same changes to 

the relevant listing decisions as in the 

direct final rule. This action addresses 

the comments received and finalizes the 

revisions to the relevant listing 

decisions, as proposed. 

B. Does this action apply to me? 

This action regulates the use of three 

flammable hydrocarbon refrigerants— 

isobutane, propane, and the 

hydrocarbon blend R-441A—in new 

household refrigerators and freezers. 

Table 1 identifies entities potentially 

affected by this action. Regulated 

entities may include: 


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1ASHRAE, 2016. ANSI/ASHRAE Standard 34— 

2016: Designation and Safety Classification of 

Refrigerants. 

TABLE 1—POTENTIALLY REGULATED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE

Category NAICS code Description of regulated entities 

Industry .......... 333415 Manufacturers of Refrigerators, Freezers, and Other Refrigerating or Freezing Equipment, Electric or Other 

(NESOI); Heat Pumps Not Elsewhere Specified or Included; and Parts Thereof. 

Industry .......... 335222 Household Refrigerator and Home Freezer Manufacturing. 

Industry .......... 811412 Appliance Repair and Maintenance. 

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 

currently 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 entity is regulated by this action, 

you should carefully examine the 

applicability criteria found in 40 CFR 

part 82. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

II. Background 

A. What is the affected end-use? 

Household refrigerators and freezers 

are intended primarily for residential 

use, although they may be used outside 

the home (e.g., workplace kitchen 

pantries). The designs and refrigeration 

capacities of equipment vary widely. 

This equipment is composed of three 

main categories: Household freezers 

only offer storage space at freezing 

temperatures, household refrigerators 

only offer storage space at non-freezing 

temperatures, and products with both a 

refrigerator and freezer in a single unit 

are referred to as combination 

refrigerators and freezers. The 

combination products are the most 

common. Certain small refrigerated 

household appliances (e.g., chilled 

kitchen drawers, wine coolers, and 

mini-fridges) are also within this enduse. Household refrigerators and 

freezers have all refrigeration 

components integrated, and for the 

smallest types, the refrigeration circuit 

is entirely brazed or welded. These 

systems are charged with refrigerant at 

the factory and typically require only an 

electricity supply to begin operation. 

The 2014 American Society of 

Heating, Refrigerating, and AirConditioning Engineers (ASHRAE) 

Handbook of Refrigeration provides an 

overview of food preservation in regard 

to household refrigerators and freezers. 

Generally, a storage temperature 

between 32 and 39 °F (0 to 3.9 °C) is 

desirable for preserving fresh food. 

Humidity and higher or lower 

temperatures are more suitable for 

certain foods and beverages. Wine 

chillers, for example, are frequently 

used for storing wine, and have slightly 

higher optimal temperatures from 45 to 

65 °F (7.2 to 18.3 °C). In single-door 

refrigerators, the optimum conditions 

for food preservation are also slightly 

higher since food storage is not intended 

for long-term storage. Freezers and 

combination refrigerators and freezers 

that are designed to store food for long 

durations are generally designed to hold 

temperatures near 0 to 5 °F (¥17.7 to 

¥15 °C). 

Refrigerant Flammability 

American National Standards 

Institute (ANSI)/ASHRAE Standard 

34—2016 assigns a safety group 

classification for each refrigerant which 

consists of two alphanumeric characters 

(e.g., A2 or B1). The capital letter 

indicates the toxicity and the numeral 

denotes the flammability. ASHRAE 

classifies Class A refrigerants as 

refrigerants for which toxicity has not 

been identified at concentrations less 

than or equal to 400 parts per million 

(ppm) by volume, based on data used to 

determine threshold limit values (TLV)– 

time weighted average (TWA) or 

consistent indices. Class B signifies 

refrigerants for which there is evidence 

of toxicity at concentrations below 400 

ppm by volume, based on data used to 

determine TLV–TWA or consistent 

indices. 

The refrigerants are also assigned a 

flammability classification of 1, 2, or 3. 

Tests are conducted in accordance with 

American Society for Testing and 

Materials (ASTM) E681 using a spark 

ignition source at 60 °C and 101.3 kPa.1

The flammability classification ‘‘1’’ is 

given to refrigerants that, when tested, 

show no flame propagation. The 

flammability classification ‘‘2’’ is given 

to refrigerants that, when tested, exhibit 

flame propagation, have a heat of 

combustion less than 19,000 kJ/kg 

(8,174 British thermal units (BTU)/lb), 

and have a lower flammability limit 

(LFL) greater than 0.10 kg/m3. 

Refrigerants within flammability 

classification ‘‘2’’ may optionally be 

designated in the subclass ‘‘2L’’ if they 

have a maximum burning velocity of 10 

cm/s or lower when tested at 23.0 °C 

and 101.3 kPa. The flammability 

classification ‘‘3’’ is given to refrigerants 

that, when tested, exhibit flame 

propagation and that either have a heat 

of combustion of 19,000 kJ/kg (8,174 

BTU/lb) or greater or an LFL of 0.10 kg/ 

m3 or lower. Thus, refrigerants with 

flammability classification ‘‘3’’ are 

highly flammable while those with 

flammability classification ‘‘2’’ are less 

flammable and those with flammability 

classification ‘‘2L’’ are mildly 

flammable. 

For both toxicity and flammability 

classifications, refrigerant blends are 

designated based on the worst-case 

estimate of fractionation determined for 

the blend. Figure 1 illustrates these 

safety group classifications. 


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2 Isobutane and R-441A: 75 FR 25799, May 10, 

2010 (proposed rule); 76 FR 78832, December 20, 

2011 (final rule). 3Propane: 79 FR 38811, July 9, 2014 (proposed 

rule); 80 FR 19454, April 10, 2015 (final rule). 

4Sometimes conversion refrigerant substitutes are 

inaccurately referred to as ‘‘drop in’’ replacements. 

B. Use Conditions 

EPA previously found isobutane, 

propane, and R-441A acceptable, subject 

to use conditions, in new household 

refrigerators and freezers (76 FR 78832, 

December 20, 2011; 80 FR 19454, April 

10, 2015). In the proposed and final 

rules, EPA provided information on the 

environmental and health properties of 

the three refrigerants and the various 

other substitutes available for use in 

household refrigerators and freezers. 

EPA’s risk screens for the three 

refrigerants are available in the docket 

for these rulemakings (EPA–HQ–OAR– 

2009–0286 and EPA–HQ–OAR–2013– 

0748).2 3

Isobutane, propane, and R-441A have 

an ASHRAE classification of A3, 

indicating that they have low toxicity 

and high flammability. The 

flammability risks are of concern 

because household refrigerators and 

freezers have traditionally used 

refrigerants that are not flammable. In 

the presence of an ignition source (e.g., 

static electricity, a spark resulting from 

a closing door, or a cigarette), an 

explosion or a fire could occur if the 

concentration of isobutane, propane, 

and R-441A were to exceed the LFL of 

18,000 ppm, 21,000 ppm, and 20,500 

ppm, respectively. 

To address the flammability risk, 

which is not posed by other available 

refrigerants in this end-use, EPA listed 

the refrigerants as acceptable, subject to 

use conditions, in new household 

refrigerators and freezers. The use 

conditions ensure minimization of 

flammability risk by incorporating by 

reference Supplement SA to the 10th 

edition of UL Standard 250, and by 

including refrigerant charge size limits 

and requirements for markings on 

equipment using the refrigerants to 

inform consumers and technicians of 

potential flammability hazards. Without 

appropriate use conditions, the 

flammability risk posed by the 

refrigerants could be higher than nonflammable refrigerants because 

individuals may not be aware that their 

actions could potentially cause a fire, 

and because the refrigerants could be 

used in existing equipment that has not 

been designed specifically to minimize 

flammability risks. Our assessment and 

listing decisions (76 FR 78832; 

December 20, 2011 and 80 FR 19454; 

April 10, 2015) found that with the use 

conditions, the overall risk of these 

substitutes, including the risk due to 

flammability, does not present 

significantly greater risk in the end-use 

than other substitutes that are currently 

or potentially available for that same 

end-use. 

The use conditions required the 

following: 

1. New equipment only; not intended 

for use as a retrofit alternative: ‘‘These 

refrigerants may be used only in new 

equipment designed specifically and 

clearly identified for the refrigerant (i.e., 

none of these substitutes may be used as 

a conversion or ‘retrofit’ 4 refrigerant for 

existing equipment designed for a 

different refrigerant);’’ 

2. UL standard: ‘‘These refrigerants 

may be used only in a refrigerator or 

freezer, or combination refrigerator and 

freezer, that meets all requirements 

listed in Supplement SA to the 10th 

edition of the UL Standard for 

Household Refrigerators and Freezers, 

UL 250, dated August 25, 2000). In cases 

where the final rule includes 

requirements more stringent than those 

of the 10th edition of UL Standard 250, 

the appliance must meet the 

requirements of the final rule in place 

of the requirements in the UL standard;’’ 

3. Charge size: ‘‘The charge size must 

not exceed 57 grams (2.01 ounces) in 

any refrigerator, freezer, or combination 

refrigerator and freezer in each circuit;’’ 

4. Labeling: ‘‘As provided in clauses 

SA6.1.1 and SA6.1.2 of UL Standard 

250, 10th edition, the following 

markings must be attached at the 

locations provided and must be 

permanent: 

a. On or near any evaporators that can 

be contacted by the consumer: 

‘DANGER—Risk of Fire or Explosion. 

Flammable Refrigerant Used. Do Not 

Use Mechanical Devices To Defrost 

Refrigerator. Do Not Puncture 

Refrigerant Tubing.’ 

b. Near the machine compartment: 

‘DANGER—Risk of Fire or Explosion. 

Flammable Refrigerant Used. To Be 

Repaired Only By Trained Service 

Personnel. Do Not Puncture Refrigerant 

Tubing.’ 

c. Near the machine compartment: 

‘CAUTION—Risk of Fire or Explosion. 

Flammable Refrigerant Used. Consult 

Repair Manual/Owner’s Guide Before 

Attempting To Service This Product. All 

Safety Precautions Must be Followed.’ 

d. On the exterior of the refrigerator: 

‘CAUTION—Risk of Fire or Explosion. 

Dispose of Properly In Accordance With 

Federal Or Local Regulations. 

Flammable Refrigerant Used.’ 

e. Near any and all exposed 

refrigerant tubing: ‘CAUTION—Risk of 

Fire or Explosion Due To Puncture Of 

Refrigerant Tubing; Follow Handling 

Instructions Carefully. Flammable 

Refrigerant Used.’ 

All of these markings must be in 

letters no less than 6.4 mm (1⁄4 inch) 

high.’’ 

5. Color-coded hoses and piping: 

‘‘The refrigerator, freezer, or 

combination refrigerator and freezer 


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5Sometimes conversion refrigerant substitutes are 

inaccurately referred to as ‘‘drop in’’ replacements. 

must have red Pantone Matching 

System (PMS) #185 marked pipes, 

hoses, or other devices through which 

the refrigerant is serviced (typically 

known as the service port), to indicate 

the use of a flammable refrigerant. This 

color must be present at all service ports 

and where service puncturing or 

otherwise creating an opening from the 

refrigerant circuit to the atmosphere 

might be expected (e.g., process tubes). 

The color mark must extend at least 2.5 

centimeters (1 inch) from the 

compressor and must be replaced if 

removed.’’ 

C. UL Standard 60335–2–24 

In 2011, UL formed a Joint Task 

Group (JTG) comprised of members of 

its Standards Technical Panel (STP) to 

develop recommendations for 

addressing the use and safety of 

refrigerants classified as A2, A2L, and 

A3 in refrigeration and air conditioning 

(AC) equipment. One of the outcomes is 

the 2017 UL Standard 60335–2–24, 

which is based on International 

Electrotechnical Commission (IEC) 

Standard 60335–2–24 ‘‘Household and 

Similar Electrical Appliances—Safety— 

Part 2–24: Particular Requirements for 

Refrigerating Appliances, Ice-Cream 

Appliances and Ice-Makers’’ (edition 

7.1, May 2012). The 2017 UL Standard 

60335–2–24 was developed in an open 

and consensus-based approach, with the 

assistance of experts in the refrigeration 

and AC industry as well as experts 

involved in assessing the safety of 

products. The revision cycle, including 

final recirculation, concluded on 

February 6, 2017, and UL published the 

standard on April 28, 2017. The 2017 

UL Standard replaces the previously 

published version of this same standard 

as well as UL Standard 250 Supplement 

SA, ‘‘Requirements for Refrigerators and 

Freezers Employing a Flammable 

Refrigerant in the Refrigerating System’’ 

(Edition 10, August 25, 2000). 

The 2017 UL Standard 60335–2–24 

limits the charge size for each separate 

refrigerant circuit (i.e., compressor, 

condenser, evaporator, and refrigerant 

piping) to 150 grams (5.3 ounces). 

Additionally, the 2017 standard requires 

testing of refrigeration appliances 

containing flammable refrigerants, 

including leakage tests, temperature and 

scratch tests, and heat testing 

requirements to address the hazards due 

to ignition of leaked refrigerant by 

potential ignition sources associated 

with the appliance (see sections 22.107– 

22.110 and the relevant annexes of the 

standard for specific testing 

requirements). These tests are intended, 

among other things, to ensure that any 

leaks will result in concentrations well 

below the LFL, and that potential 

ignition sources will not be able to 

create temperatures high enough to start 

a fire. Appliances that are in compliance 

with the 2017 UL Standard 60335–2–24 

have passed appropriate ignition or 

leakage tests as stipulated in the 

standard. Passing the leakage test 

ensures that refrigerant concentrations 

in the event of a leak do not reach or 

exceed 75 percent of the LFL inside any 

internal or external electrical 

component compartments. 

III. What is EPA finalizing in this 

action? 

As proposed, EPA is revising the use 

conditions for propane, isobutane and 

R-441 in the household refrigerators and 

freezers end-use. We are finalizing the 

use conditions for each substitute as 

follows: 

A. Use Conditions 

EPA is replacing the reference to 

Supplement SA to the 10th edition of 

UL Standard 250 in use condition ‘‘2’’ 

with ‘‘UL Standard 60335–2–24, Safety 

Requirements for Household and 

Similar Electrical Appliances, Part 2: 

Particular Requirements for 

Refrigerating Appliances, Ice-Cream 

Appliances and Ice-Makers (2nd 

Edition, April 28, 2017).’’ In addition, 

EPA is removing use conditions ‘‘3,’’ 

‘‘4,’’ and ‘‘5’’ because the conditions 

specified in those use conditions are 

specified in 2017 UL standard 60335–2– 

24; the incorporation of 2017 UL 

standard 60335–2–24 in condition 2 

includes the requirements in previous 

conditions 3, 4, and 5. The use 

conditions provide the same level of 

assurance that the three substitutes can 

be used as safely as other available 

alternatives. The revised use conditions 

apply to new household refrigerators 

and freezers manufactured after the 

effective date of this regulation. The 

new use conditions are as follows: 

1. New equipment only; not intended 

for use as a retrofit alternative: Propane, 

isobutane, and R-441A may be used 

only in new equipment designed 

specifically and clearly identified for 

the refrigerant (i.e., none of these 

substitutes may be used as a conversion 

or ‘‘retrofit’’ 5 refrigerant for existing 

equipment designed for a different 

refrigerant); and 

2. UL standard: These refrigerants 

may be used only in equipment that 

meets all requirements in the 2017 UL 

Standard 60335–2–24. 

B. Rationale for Changed Use 

Conditions 

1. Charge Size 

EPA previously required a charge size 

limit of 57 grams (2.01 ounces) for each 

separate refrigerant circuit in a 

refrigerator or freezer. The 2017 UL 

Standard 60335–2–24 specifies that the 

maximum charge size for each separate 

refrigerant circuit in a refrigerator or 

freezer must be no greater than 150 

grams (5.29 ounces). 

As discussed in the December 2017 

direct final rule, EPA evaluated 

reasonable worst-case and more typical, 

yet conservative, scenarios to model the 

effects of the sudden release of each 

refrigerant from a household refrigerator 

or freezer containing the maximum 

charge size of 150 grams (5.29 ounces). 

This was done to determine whether the 

refrigerants would present flammability 

or toxicity concerns for consumers or 

workers, including those servicing or 

disposing of appliances. To represent a 

reasonable worst-case scenario, it was 

assumed that a catastrophic leak of each 

refrigerant would occur while the 

refrigerator or freezer unit is in a 

residential kitchen with a height of 

approximately 2.4 meters (i.e., a 

standard 8-foot ceiling) and a minimum 

effective volume of 18 m3 (640 ft3) or an 

effective volume of 53 m3 (1,870 ft3) 

(i.e., excluding the space filled by 

cabinets, other kitchen equipment) 

(Murray 1997; NKBA 2016). The 

minimum kitchen volume of 18 m3 (640 

ft3) does not consider residential 

kitchen spaces that are often connected 

to breakfast nooks or other rooms (e.g., 

living room, dining room) through open 

pathways or swinging doors, which 

would also increase the effective 

volume of the space into which a 

refrigerant would be released, thereby 

reducing the likelihood that the 

instantaneous concentration of the 

refrigerants would exceed the LFL. 

Conversely, the larger kitchen volume 

used in the analysis (i.e., 53 m3) 

considers air-mixing that is likely to 

occur within the spaces that are 

adjacent to the kitchen (Murray 1997; 

NKBA 2016). The minimum effective 

kitchen volume modeled in this analysis 

is conservative, as it is approximately 

half the size of the average kitchen in a 

new single-family home in the United 

States (i.e., 36 m3) (NKBA 2016). The 

larger kitchen volume of 53 m3 includes 

adjacent areas to the kitchen, such as a 

breakfast nook, and is more conservative 

than the average estimated volume of a 

kitchen with a breakfast nook in a U.S. 

household (i.e., 65 m3) (NKBA 2016). 

EPA’s analysis for each of the 

refrigerants revealed that even if the 


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unit’s full charge were emitted within 

one minute, the concentration would 

not reach the LFL for that refrigerant in 

the less conservative 53 m3 (1,870 ft3) 

kitchen, showing a lack of flammability 

risk. The threshold analyses 

demonstrated that a flammability 

concern could exist in the minimum 

modeled kitchen volume (i.e., 18 m3

(640 ft3)) if the charge size of the 

household refrigerator or freezer 

exceeded 120 grams, which is slightly 

smaller than the maximum modeled 

charge size (i.e., 150 grams). However, 

the estimated exposures were derived 

using conservative assumptions (e.g., 

small room size, no ventilation). A 150- 

gram household refrigeration unit 

would have to be installed in a kitchen 

at least 2.3 times smaller than the less 

conservative kitchen size modeled, in 

the worst-case conditions at end-use, for 

flammability to be of concern. As a 

result, EPA determined that a release of 

a 150-gram unit does not present a 

significant flammability risk in the 

reasonable worst-case scenario for the 

three refrigerants in household 

refrigerators and freezers. 

Concerning toxicity of the 

refrigerants, our risk screens found that 

the 30-minute acute exposure guideline 

level (AEGL) (i.e., 6,900 ppm) is 

exceeded only in the worst-case 

scenario for the minimum kitchen 

volume (i.e., 18 m3). Based upon our 

analysis, the minimum room sizes in 

which installed equipment could cause 

a toxicity concern would have to be 

approximately 0.8 times smaller than 

the larger modeled room size of 53 m3

(1,870 ft3), which is a conservative 

kitchen volume in the United States 

(Murray 1997; NKBA 2016). Thus, we 

have determined that isobutane, 

propane, and R–441A do not pose 

significantly greater flammability and 

toxicity risks than other acceptable 

refrigerants in the household 

refrigerators and freezers end-use. The 

higher charge size included in the 

revised use condition will provide 

greater flexibility to appliance 

manufacturers in the design of 

equipment while also ensuring that 

such equipment will not pose greater 

risk than similar equipment using other 

acceptable alternatives. For more 

information about EPA’s risk 

assessments, see the docket for this 

rulemaking (EPA–HQ–OAR–2017– 

0472). 

EPA is not retaining a separate charge 

size limit as a use condition because it 

would be redundant of the updated UL 

standard. Therefore, we are replacing 

the use condition in ‘‘3’’ with the 2017 

UL Standard 60335–2–24. 

2. Color-Coded Hoses and Piping, and 

Labeling 

The 2017 UL Standard 60335–2–24 

includes requirements for red PMS #185 

marked pipes, hoses, and other devices 

through which the refrigerant passes, 

and requirements for markings in letters 

no less than 6.4 mm (1⁄4 inch) high to 

inform consumers and technicians of 

potential flammability hazards are 

addressed in (see sections 7.1 and 

22.106 of the standard for additional 

information on the required marking 

and warning labels). Retaining the use 

conditions in ‘‘4’’ and ‘‘5’’ in EPA’s 

previous hydrocarbon refrigerants rules 

would be redundant of the updated 

standard. Therefore, we are replacing 

the use conditions in ‘‘4’’ and ‘‘5’’ with 

the 2017 UL Standard 60335–2–24. 

C. Incorporation by Reference 

Through this action EPA is 

incorporating by reference the 2017 UL 

Standard 60335–2–24, which 

establishes requirements for the 

evaluation of household and similar 

electrical appliances, and safe use of 

flammable refrigerants. The standard is 

discussed in greater detail elsewhere in 

this preamble. This approach is the 

same as that used to incorporate 

Supplement SA to the 10th edition of 

UL Standard 250 in our previous rules 

on flammable refrigerants (76 FR 78832, 

December 20, 2011; 80 FR 19454, April 

10, 2015). 

The 2017 UL Standard 60335–2–24 is 

available for purchase by mail at: 

COMM 2000, 151 Eastern Avenue, 

Bensenville, IL 60106; Email: orders@

shopulstandards.com; Telephone: 1– 

888–853–3503 in the U.S. or Canada 

(other countries dial 1–415–352–2178); 

internet address: http://www.shopul

standards.com/ProductDetail.

aspx?productId=UL60335-2-24_2_B_

20170428(ULStandards2). The cost of 

the 2017 UL Standard 60335–2–24 is 

$454 for an electronic copy and $567 for 

hardcopy. UL also offers a subscription 

service to the Standards Certification 

Customer Library (SCCL) that allows 

unlimited access to their standards and 

related documents. The cost of 

obtaining this standard is not a 

significant financial burden for 

equipment manufacturers and purchase 

is not required for those selling, 

installing, and servicing the equipment. 

Therefore, EPA concludes that the UL 

standard being incorporated by 

reference is reasonably available. 

D. Equipment Manufactured Prior to 

Effective Date of This Rule 

The use conditions in this action 

apply to new household refrigerators 

and freezers manufactured after the 

effective date of this regulation. This 

final rule does not apply to or affect 

equipment manufactured before the 

effective date of this action and 

manufactured in compliance with the 

SNAP requirements applicable at the 

time of manufacture. 

IV. Response to Comments 

EPA received 17 comments on the 

December 11, 2017, notice of proposed 

rulemaking. Below EPA is responding to 

six of those comments, which were 

either relevant to this rulemaking or 

raised issues that were addressed in 

related rulemakings. The other eleven 

comments raised issues that are outside 

the scope of this rulemaking or are not 

relevant to any related rulemaking, so 

EPA is not providing a specific response 

to those comments. 

A. Compliance With the 2017 UL 

Standard 60335–2–24 

Comment: Three commenters 

expressed support for the proposed 

changes to the use conditions to reflect 

the 2017 UL Standard 60335–2–24. The 

commenters noted that the revised use 

conditions would not place any 

significant burden on the regulated 

community, would ensure consistency 

with consensus-based standards, and 

would encourage manufacturers of 

home refrigeration appliances and 

suppliers of refrigerants to transition to 

more environmentally friendly 

refrigerants. 

Response: EPA acknowledges the 

support and is finalizing the revised use 

conditions for use of isobutane, 

propane, and R-441A in household 

refrigerators and freezers as proposed. 

B. Flammability 

Comment: Three commenters raised 

concerns about flammability risks and 

firefighter safety in homes and other 

buildings due to the 150-gram 

maximum allowable charge size. The 

commenters asserted that there would 

be negative impacts and implications 

related to the higher charge size, 

particularly for propane, and 

encouraged EPA to consult with 

firefighter organizations, such as the 

National Volunteer Fire Council or the 

Fire Department Safety Officers of 

America. 

Response: EPA recognizes that 

flammability is an important 

consideration with regard to the 150- 

gram charge size. As discussed above in 

section III.2.a, EPA evaluated 

flammability and toxicity risks for 

isobutane, propane, and R-441A at the 

maximum charge size as provided in the 

risk screens included in the docket for 


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38974 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations 

this rulemaking (Docket ID EPA–HQ– 

OAR–2017–0472–0006, –0007, and 

–0008). EPA evaluated toxicity risk by 

considering exposure to workers 

(including those servicing or disposing 

of appliances), consumers, and the 

general public. EPA evaluated 

flammability risk by evaluating 

reasonable worst-case and more typical, 

yet conservative, scenarios to model the 

effects of the sudden release of each 

refrigerant from a household refrigerator 

or freezer containing the maximum 

charge. Our risk screens found that 

equipment that met the 150-gram charge 

limit did not exceed the LFL for each of 

the three refrigerants in household 

refrigerators and freezers in a 

conservatively sized 53 m3 (1,870 ft3) 

kitchen (see section III.B.1 above for the 

minimum and average kitchen zone 

volumes). The commenters did not 

provide any technical support for their 

statements or information 

demonstrating that use of any of the 

three refrigerants in household 

refrigerators and freezers at a charge of 

150 grams (5.3 ounces) would pose 

significantly greater risk than other 

available alternatives in this end-use. 

We note that the use conditions 

required by this final rule include 

specific safety testing requirements in 

the 2017 UL Standard 60335–2–24, 

which are intended, among other things, 

to ensure that any leaks will result in 

concentrations well below the LFL, and 

that potential ignition sources will not 

be able to create temperatures high 

enough to start a fire. The use 

conditions also provide additional 

safety measures and labeling 

requirements (e.g., visible warning 

statement and red coloring on the pipes, 

hoses, and devices which contain 

refrigerant) that make equipment 

owners, consumers, fire marshals, and 

emergency first responders aware of the 

presence of a flammability risk. 

Moreover, EPA is aware of the 

longstanding widespread use on a global 

basis of household refrigerators and 

freezers using this charge limit. EPA 

agrees that greater awareness of the 

presence, risks, and benefits of 

flammable refrigerants among fire 

marshals and first responders would be 

beneficial. 

C. Recovery and Recycling Equipment 

Comment: One commenter voiced 

concerns that isobutane, propane, and 

R-441A were exempted from the venting 

prohibition because machines for the 

recovery of flammable refrigerants are 

not currently available in the United 

States. The commenter stated that 

hydrocarbon refrigerants are odorless, 

require a procedure for proper handling 

and storing, and ‘‘undermine our whole 

premise of not knowingly venting an 

ODS refrigerant or its alternate.’’ In 

contrast, two commenters provided 

supporting information regarding the 

safe servicing of household appliances 

with flammable refrigerants and the 

availability of equipment and 

technologies to safely recover and 

reclaim flammable refrigerants. 

Response: These comments are 

outside the scope of this rulemaking. 

EPA did not propose and is not today 

finalizing any changes to its previous 

determinations that venting, releasing, 

or disposing of these refrigerants used in 

this end-use does not pose a threat to 

the environment under CAA section 

608(c)(2). EPA made these 

determinations under section 608(c)(2) 

in final rules issued in 2014 and 2015 

(79 FR 29682, May 23, 2014; 80 FR 

19454, April 10, 2015) and did not 

reopen those determinations in this 

rulemaking. EPA directs the 

commenters to those rules for additional 

information. EPA appreciates the 

information provided by commenters 

with regard to the availability of 

recovery and recycling equipment. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Executive Order 13771: Reducing 

Regulation and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because this 

action is not significant under Executive 

Order 12866. 

C. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection requirements 

contained in the existing regulations 

and has assigned OMB control number 

2060–0226. This rule contains no new 

requirements for reporting or 

recordkeeping. 

D. Regulatory Flexibility Act 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. 

The use conditions of this rule apply 

to manufacturers of new household 

refrigerators and freezers that choose to 

use flammable refrigerants. Today’s 

action allows equipment manufacturers 

to use flammable refrigerants at a higher 

charge size than previously allowed in 

new household refrigerators and 

freezers but does not mandate such use; 

the change to the use conditions allows 

more flexibility for manufacturers in the 

design of equipment and thus reduces 

the regulatory burden to the regulated 

community. In some cases, it may 

reduce costs by allowing manufacturers 

to design equipment with a single, 

larger refrigerant circuit instead of 

multiple, smaller refrigerant circuits for 

the same piece of equipment. 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 


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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations 38975 

6 ICF, 2018a. Risk Screen on Substitutes in 

Household Refrigerators and Freezers; Substitute: 

Propane (R-290). 

7 ICF, 2018b. Risk Screen on Substitutes in 

Household Refrigerators and Freezers; Substitute: 

Isobutane (R-600a). 

8 ICF, 2018c. Risk Screen on Substitutes in 

Household Refrigerators and Freezers; Substitute: 

R-441A. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. This action’s health and risk 

assessments are contained in risk 

screens for the various substitutes.678

The risk screens are available in the 

docket for this rulemaking. 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

J. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action involves a technical 

standard. EPA is revising the use 

conditions for the household 

refrigerators and freezers end-use by 

incorporating by reference UL Standard 

60335–2–24, ‘‘Safety Requirements for 

Household and Similar Electrical 

Appliances, Part 2: Particular 

Requirements for Refrigerating 

Appliances, Ice-Cream Appliances and 

Ice-Makers’’ (2nd edition, April 2017), 

which establishes requirements for the 

evaluation of household and similar 

electrical appliances, and safe use of 

flammable refrigerants. The 2017 UL 

Standard 60335–2–24 supersedes the 

current edition of Supplement SA the 

10th edition of UL Standard 250, 

‘‘Requirements for Refrigerators and 

Freezers Employing a Flammable 

Refrigerant in the Refrigerating System’’ 

(August 2000). EPA’s revision to the use 

conditions will replace Supplement SA 

to the 10th edition of UL Standard 250 

with the 2017 UL standard 60335–2–24. 

This standard is available at https://

standardscatalog.ul.com/standards/en/ 

standard_60335-2-24_2, and may be 

purchased by mail at: COMM 2000, 151 

Eastern Avenue, Bensenville, IL 60106; 

Email: orders@shopulstandards.com; 

Telephone: 1–888–853–3503 in the U.S. 

or Canada (other countries dial 1–415– 

352–2178); internet address: http://

www.shopulstandards.com/ 

ProductDetail.aspx?productId=

UL60335-2-24_2_B_20170428(UL

Standards2). The cost of UL 60335–2– 

24 is $454 for an electronic copy and 

$567 for hardcopy. UL also offers a 

subscription service to the Standards 

Certification Customer Library (SCCL) 

that allows unlimited access to their 

standards and related documents. The 

cost of obtaining this standard is not a 

significant financial burden for 

equipment manufacturers and purchase 

is not required for those selling, 

installing and servicing the equipment. 

Therefore, EPA concludes that the UL 

standard being incorporated by 

reference is reasonably available. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The human health or environmental 

risk addressed by this action will not 

have potential disproportionately high 

and adverse human health or 

environmental effects on minority, lowincome or indigenous populations. This 

action’s health and environmental risk 

assessments are contained in the risk 

screens for the various substitutes. The 

risk screens are available in the docket 

for this rulemaking. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

VI. References 

Unless specified otherwise, all 

documents are available electronically 

through the Federal Docket Management 

System, Docket #EPA–HQ–OAR–2017– 

0472. 

ASHRAE, 2016. ANSI/ASHRAE Standard 

34–2016: Designation and Safety 

Classification of Refrigerants. 

ICF, 2018a. Risk Screen on Substitutes in 

Household Refrigerators and Freezers; 

Substitute: Propane (R-290). 

ICF, 2018b. Risk Screen on Substitutes in 

Household Refrigerators and Freezers; 

Substitute: Isobutane (R-600a). 

ICF, 2018c. Risk Screen on Substitutes in 

Household Refrigerators and Freezers; 

Substitute: R-441A. 

Murray, D.M., 1997. Residential house and 

zone volumes in the United States: 

Empirical and Estimated Parametric 

Distributions. Risk Anal 17: 439–446. 

Available online at: http://

onlinelibrary.wiley.com/doi/10.1111/ 

j.1539-6924.1997.tb00884.x/full. 

National Kitchen and Bath Association 

(NKBA), 2016. Size of Kitchens in New 

U.S. Single Family Homes. August 2016. 

Available online at: https://

nkba.myshopify.com/collections/ 

research/products/size-of-kitchens-innew-u-s-single-family-homes. 

UL 250. Household Refrigerators and 

Freezers. 10th edition. Supplement SA: 

Requirements for Refrigerators and 

Freezers Employing a Flammable 

Refrigerant in the Refrigerating System. 

August 2000. 

UL 60335–2–24. Safety Requirements for 

Household and Similar Electrical 

Appliances, Part 2: Particular 

Requirements for Refrigerating 

Appliances, Ice-Cream Appliances and 

Ice-Makers. 2nd edition. April 2017. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Recycling, Reporting and 

recordkeeping requirements, 

Stratospheric ozone layer. 

Dated: July 30, 2018. 

Andrew R. Wheeler, 

Acting 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. 

Subpart G—Significant New 

Alternatives Policy Program 

■ 2. Amend Appendix R to subpart G of 

part 82 by: 

■ a. Revising the appendix heading. 

■ b. Removing the two entries for 

‘‘Household refrigerators, freezers, and 

combination refrigerators and freezers 

(New equipment only)’’ and adding a 

new entry in their place; and 

■ c. Revising the NOTE to Appendix R. 

The revisions and additions to read as 

follows: 

Appendix R to Subpart G of Part 82— 

Substitutes Subject to Use Restrictions 

Listed in the December 20, 2011, Final 

Rule, Effective February 21, 2012, in the 

April 10, 2015 Final Rule, Effective 

May 11, 2015, and in the August 8, 2018 

Final Rule, Effective September 7, 2018 


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38976 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations 

SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS

End-use Substitute Decision Use conditions Further information 

Household refrigerators, 

freezers, 

and combination refrigerators 

and freezers 

(New equipment only).

Isobutane (R600a).

Propane (R290).

R-441A .........

Acceptable 

subject to 

use conditions.

As of September 7, 2018: ................................................

These refrigerants may be used only in new equipment 

designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used 

as a conversion or ‘‘retrofit’’ refrigerant for existing 

equipment designed for a different refrigerant).

These refrigerants may be used only in a refrigerator or 

freezer, or combination refrigerator and freezer, that 

meets all requirements listed in the 2nd edition of the 

Underwriters Laboratories (UL) Standard for Safety: 

Household and Similar Electrical Appliances—Safety—Part 2–24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and IceMakers, UL 60335–2–24, dated April 28, 2017.

Applicable OSHA requirements at 29 CFR part 1910 

must be followed, including those at 29 CFR 1910.106 

(flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 

1910.157 (portable fire extinguishers), and 1910.1000 

(toxic and hazardous substances). 

Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to 

good manufacturing practices as per 29 CFR 

1910.106. If refrigerant levels in the air surrounding 

the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and reentry should occur only after the space has been 

properly ventilated. 

Technicians and equipment manufacturers should wear 

appropriate personal protective equipment, including 

chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken 

to avoid contact with the skin since these refrigerants, 

like many refrigerants, can cause freeze burns on the 

skin. 

A Class B dry powder type fire extinguisher should be 

kept nearby. 

Technicians should only use spark-proof tools when 

working on refrigerators and freezers with these refrigerants. 

Any recovery equipment used should be designed for 

flammable refrigerants. 

Any refrigerant releases should be in a well-ventilated 

area, such as outside of a building. 

Only technicians specifically trained in handling flammable refrigerants should service refrigerators and 

freezers containing these refrigerants. Technicians 

should gain an understanding of minimizing the risk of 

fire and the steps to use flammable refrigerants safely. 

*******

Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the regulations in part 82: 

1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant 

in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010. 

2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating 

System and Appendices B through F. December 21, 2007, with changes through August 3, 2012. 

3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011. 

4. UL Standard 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2–24: Particular Requirements for 

Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017. 

The Director of the Federal Register 

approves the incorporation by reference of 

the material under ‘‘Use Conditions’’ in the 

table ‘‘SUBSTITUTES THAT ARE 

ACCEPTABLE SUBJECT TO USE 

CONDITIONS’’ (5 U.S.C. 552(a) and 1 CFR 

part 51). Copies of UL Standards 471, 484, 

541, and 60335–2–24, may be purchased by 

mail at: COMM 2000, 151 Eastern Avenue, 

Bensenville, IL 60106; Email: orders@

shopulstandards.com; Telephone: 1–888– 

853–3503 in the U.S. or Canada (other 

countries dial 1–415–352–2178); internet 

address: http://www.shopulstandards.com/ 

Catalog.aspx. 

You may inspect a copy at U.S. EPA’s Air 

Docket; EPA West Building, Room 3334; 

1301 Constitution Ave. NW, Washington, DC 

or at the National Archives and Records 

Administration (NARA). For questions 

regarding access to these standards, the 

telephone number of EPA’S Air Docket is 

202–566–1742. For information on the 

availability of this material at NARA, call 

202–741–6030, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

* * * * * 

[FR Doc. 2018–16773 Filed 8–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0352; FRL–9978–83] 

Spinetoram; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of spinetoram in 

or on tea, dried and tea, instant. Dow 

AgroSciences, LLC., requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 8, 2018. Objections and requests 

for hearings must be received on or 

before October 9, 2018, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0352, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 


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