Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25799 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2010–0286], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: 

1. Rule 2.37, Natural Gas-Fired Water 

Heaters and Small Boilers 

2. Rule 2.42, Nitric Acid Production. 

In the Rules and Regulations section 

of this Federal Register, we are 

approving these local rules in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

these rules and if that provision may be 

severed from the remainder of these 

rules, we may adopt as final those 

provisions of the rules that are not the 

subject of an adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: April 1, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–10944 Filed 5–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2009–0286; FRL–9147–9] 

RIN 2060–AP54 

Protection of Stratospheric Ozone: 

Listing of Substitutes for OzoneDepleting Substances—Hydrocarbon 

Refrigerants 

AGENCY: Environmental Protection 

Agency, (EPA). 

ACTION: Proposed rulemaking. 

SUMMARY: Pursuant to the U.S. 

Environmental Protection Agency’s 

Significant New Alternatives Policy 

program, this action proposes to list 

isobutane, propane, HCR–188C, and 

HCR–188C1 as ‘‘acceptable, subject to 

use conditions,’’ as substitutes for 

chlorofluorocarbon (CFC)–12, also 

referred to as R–12, CCl2F2 and 

dichlorodifluoromethane and 

hydrochlorofluorocarbon (HCFC)–22, 

also referred to as R–22, CHClF2, 

chlorodifluoromethane and 

difluorochloromethane, in household 

refrigerators, freezers, and combination 

refrigerator and freezers and commercial 

refrigeration (retail food refrigerators 

and freezers—stand-alone units only). 

DATES: Comments must be received on 

or before July 9, 2010, unless a public 

hearing is requested. Comments must 

then be received on or before July 26, 

2010. Any party requesting a public 

hearing must notify the contact listed 

below under FOR FURTHER INFORMATION

CONTACT by 5 p.m. Eastern Daylight 

Time on May 20, 2010. If a hearing is 

held, it will take place on May 25, 2010 

in Washington, DC and further 

information will be provided on EPA’s 

Stratospheric Ozone World Wide Web 

site at http://www.epa.gov/ozone/snap. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0286, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: A-And-R-Docket@epa.gov. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, 

Mailcode 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

Attention Docket ID No. EPA–HQ– 

OAR–2009–0286. 

• Hand Delivery: EPA Docket Center, 

(EPA/DC) EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, Attention Docket ID No. EPA–HQ– 

OAR–2009–0286. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0286. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

www.regulations.gov Web sites is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

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25800 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

1HCR–188C and HCR–188C1 submissions 

included window air conditioners as an end use. 

EPA is acting on this end use in a separate rule 

making. 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I.B. 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., 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: 

Monica Shimamura, Stratospheric 

Protection Division, Office of 

Atmospheric Programs, Mail Code 

6205J, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number (202) 343–9337; fax number 

(202) 343–2362, e-mail address: 

shimamura.monica@epa.gov. Notices 

and rulemakings under EPA’s 

Significant New Alternatives Policy 

(SNAP) program are available on EPA’s 

Stratospheric Ozone World Wide Web 

site at www.epa.gov/ozone/snap/regs. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Background 

B. Does this action apply to me? 

C. What should I consider as I prepare my 

comments for EPA? 

D. What acronyms and abbreviations are 

used in the preamble? 

II. How does the Significant New 

Alternatives Policy (SNAP) program 

work? 

A. What are the statutory requirements and 

authority for the SNAP program? 

B. What are EPA’s regulation implementing 

section 612? 

C. How do the regulations for the SNAP 

program work? 

D. Where can I get additional information 

about the SNAP program? 

III. What substitutes for ozone-depleting 

substances in what end-uses are 

considered in this rule? 

A. What is EPA proposing in this action? 

B. What are isobutane, propane, HCR–188C 

and HCR–188C1? 

C. What end-uses are included in our 

proposed decision? 

D. Where can I find the regulatory text for 

these proposed listing decisions? 

E. What does an acceptability 

determination with use conditions for 

isobutane, propane, HCR–188C, and 

HCR–188C1 mean? 

IV. What criteria did EPA consider in 

preparing this proposal? 

A. Impacts on the Environment 

B. Flammability and Fire Safety 

C. Toxicity 

V. Why is EPA proposing these specifics use 

conditions? 

A. New Equipment Only; Not Intended for 

Use as a Retrofit Alternative 

B. Standards 

C. Charge Size 

D. Color-Coded Hoses and Piping 

E. Labeling 

F. Unique Fittings 

G. Small Containers 

VI. What recommendations does EPA have 

for safe use of hydrocarbon refrigerants? 

VII. What other options did EPA consider? 

VIII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

IX. References 

I. General Information 

A. Background 

This rule pertains to four hydrocarbon 

refrigerants: isobutane, propane and 

HCR–188C and HCR–188C1. Globally, 

hydrocarbon refrigerants have been in 

use for over 10 years including in 

countries such as Germany, the United 

Kingdom, Australia, and Japan. In 

Europe and Asia, equipment 

manufactures have designed and tested 

household and commercial refrigerators 

and freezers to account flammability 

and safety concerns associated with 

using hydrocarbon refrigerants. Due to 

the fact that hydrocarbon refrigerants 

have zero ozone depletion potential 

(ODP) and very low global warming 

potential (GWP), many companies are 

interested in using hydrocarbon 

refrigerants in the United States (U.S.) 

as well. In this action EPA has received 

four SNAP submissions for use of 

hydrocarbon refrigerants in household 

refrigerators, freezers, combination 

refrigerator and freezers and retail food 

refrigerators and freezers (stand-alone 

only). 

B. Does this action apply to me? 

This notice of proposed rulemaking 

(NPRM) would regulate the use of four 

alternative refrigerants used in: 

Household refrigerators and freezers and 

commercial refrigeration (retail food 

refrigeration—stand-alone units only).1

Potentially entities that may wish to use 

isobutane (R–600a), propane (R–290), 

HCR–188C, or HCR–188C1 in these enduses, include: 

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

OR SUBSECTOR

Category NAICS code 

or subsector Description of regulated entities 

Industry ................................ 333415 Manufactures of refrigerators, freezers, and other refrigerating or freezing equipment, electric or 

other; heat pumps not elsewhere specified or included (NESOI); and parts thereof. 

Industry ................................ 443111 Appliance Stores: Household-type. 

Industry ................................ 445120 Convenience Stores. 

Industry ................................ 445110 Supermarkets and Other Grocery (except Convenience) Stores. 

Industry ................................ 722211 Limited-Service Restaurants. 

Industry ................................ 238220 Plumbing, Heating, and Air Conditioning Contractors. 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25801 

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

OR SUBSECTOR—Continued 

Category NAICS code 

or subsector Description of regulated entities 

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

Industry ................................ 541380 Environmental Testing Laboratories. 

Industry ................................ 423620 Electrical and Electronic Appliance, Television, and Radio Set Merchant Wholesalers. 

Industry ................................ 423740 Refrigeration Equipment and Supplies Merchant Wholesalers. 

This table is not intended to be 

exhaustive, but rather a guide regarding 

entities likely to use the substitute 

whose use is 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. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). 

Do not submit confidential 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information marked as 

CBI will not be disclosed except in 

accordance with procedures set forth in 

40 Code of Federal Regulations (CFR) 

Part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

CFR part or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

D. What acronyms and abbreviations 

are used in the preamble? 

Below is a list of acronyms and 

abbreviations used in the preamble of 

this NPRM. 

ACH—air changes per hour 

AEGL—Acute Exposure Guideline Level 

ASHRAE—American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers, Inc. 

ANSI—American National Standards 

Institute 

CAA—Clean Air Act 

CAS Reg. No—Chemical Abstracts Service 

Registry Identification Number 

CBI—Confidential Business Information 

CFC—chlorofluorocarbon 

cfm—cubic feet per minute 

CFR—Code of Federal Regulations 

EPA—the United States Environmental 

Protection Agency 

FR—Federal Register 

GWP—global warming potential 

HC—hydrocarbon 

HCFC—hydrochlorofluorocarbon 

HFC—hydroflurocarbon 

ICF—ICF International, Inc. 

IDLH—Immediately dangerous to life or 

health 

ICR—Information Collection Request 

LFL—lower flammability limit 

mg/l—milligrams per liter 

MSDS—Material Safety Data Sheet 

NAICS—North American Industrial 

Classification System 

NIOSH—the U.S. National Institute for 

Occupational Safety and Health 

NPRM—Notice of Proposed Rulemaking 

OEM—original equipment manufacturer 

ODP—ozone depletion potential 

ODS—ozone-depleting substance 

OMB—the United States Office of 

Management and Budget 

OSHA—the United States Occupational 

Safety and Health Administration 

PELs —permissible exposure limits 

ppm—parts per million 

REL—Recommended exposure limit 

RFA—Regulatory Flexibility Act 

RfC—reference concentration 

SNAP—Significant New Alternatives Policy 

TSCA—Toxic Substances Control Act 

TWA —time weighted average 

UL—Underwriters Laboratories Inc. 

VOC—volatile organic compound 

II. How does the Significant New 

Alternatives Policy (SNAP) program 

work? 

A. What are the statutory requirements 

and authority for the SNAP program? 

Section 612 of the Clean Air Act 

(CAA) requires EPA to develop a 

program for evaluating alternatives to 

ozone-depleting substances (ODS). EPA 

refers to this program as the Significant 

New Alternatives Policy (SNAP) 

program. The major provisions of 

section 612 are: 

1. Rulemaking 

Section 612(c) requires EPA to 

promulgate rules making it unlawful to 

replace any class I (i.e., 

chlorofluorocarbon, halon, carbon 

tetrachloride, methyl chloroform, 

methyl bromide, and 

hydrobromofluorocarbon) or class II 

(i.e., hydrochlorofluorocarbon) 

substance with any substitute that the 

Administrator determines may present 

adverse effects to human health or the 

environment where the Administrator 

has identified an alternative that (1) 

reduces the overall risk to human health 

and the environment, and (2) is 

currently or potentially available. 

2. Listing of Unacceptable/Acceptable 

Substitutes 

Section 612(c) requires EPA to 

publish a list of the substitutes 

unacceptable for specific uses and to 

publish a corresponding list of 

acceptable alternatives for specific uses. 

The list of acceptable substitutes is 

found at http://www.epa.gov/Ozone/ 

snap/lists/index.html and the lists of 

‘‘unacceptable’’, ‘‘acceptable subject to 

use conditions’’, and ‘‘acceptable subject 

to narrowed use limits’’ is found at 40 

CFR part 82 subpart G. 

3. Petition Process 

Section 612(d) grants the right to any 

person to petition EPA to add a 

substance to, or delete a substance from, 

the lists published in accordance with 

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25802 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

2As defined at 40 CFR 82.104 ‘‘interstate 

commerce’’ means the distribution or transportation 

of any product between one state, territory, 

possession or the District of Columbia, and another 

state, territory, possession or the District of 

Columbia, or the sale, use or manufacture of any 

product in more than one state, territory, possession 

or District of Columbia. The entry points for which 

a product is introduced into interstate commerce 

are the release of a product from the facility in 

which the product was manufactured, the entry into 

a warehouse from which the domestic manufacturer 

releases the product for sale or distribution, and at 

the site of United States Customs clearance. 

3As defined at 40 CFR 82.17 ‘‘end-use’’ means 

processes or classes of specific applications within 

major industrial sectors where a substitute is used 

to replace an ozone-depleting substance. 

section 612(c). The Agency has 90 days 

to grant or deny a petition. Where the 

Agency grants the petition, EPA must 

publish the revised lists within an 

additional six months. 

4. 90-Day Notification 

Section 612(e) directs EPA to require 

any person who produces a chemical 

substitute for a class I substance to 

notify the Agency not less than 90 days 

before new or existing chemicals are 

introduced into interstate commerce for 

significant new uses as substitutes for a 

class I substance. The producer must 

also provide the Agency with the 

producer’s unpublished health and 

safety studies on such substitutes. 

5. Outreach 

Section 612(b)(1) states that the 

Administrator shall seek to maximize 

the use of Federal research facilities and 

resources to assist users of class I and 

II substances in identifying and 

developing alternatives to the use of 

such substances in key commercial 

applications. 

6. Clearinghouse 

Section 612(b)(4) requires the Agency 

to set up a public clearinghouse of 

alternative chemicals, product 

substitutes, and alternative 

manufacturing processes that are 

available for products and 

manufacturing processes which use 

class I and II substances. 

B. What are EPA’s regulations 

implementing section 612? 

On March 18, 1994, EPA published 

the original rulemaking (59 FR 13044) 

which established the process for 

administering the SNAP program and 

issued EPA’s first lists identifying 

acceptable and unacceptable substitutes 

in the major industrial use sectors (40 

CFR part 82, subpart G). These sectors 

include: Refrigeration and air 

conditioning; foam blowing; cleaning 

solvents; fire suppression and explosion 

protection; sterilants; aerosols; 

adhesives, coatings and inks; and 

tobacco expansion. These sectors 

compose the principal industrial sectors 

that historically consumed the largest 

volumes of ODS. 

Section 612 of the CAA requires EPA 

to ensure that substitutes found 

acceptable do not prevent a significantly 

greater risk to human health and the 

environment as compared with other 

substitutes that are currently or 

potentially available. 

C. How do the regulations for the SNAP 

program work? 

Under the SNAP regulations, anyone 

who plans to market or produce a 

substitute for class I or II ODS in one of 

the eight major industrial use sectors 

must provide the Agency with health 

and safety studies on the substitute at 

least 90 days before introducing it into 

interstate commerce for significant new 

use as an alternative. This requirement 

applies to the person planning to 

introduce the substitute into interstate 

commerce,2 typically chemical 

manufacturers, but may also include 

importers, formulators, equipment 

manufacturers, or end-users 3 when they 

are responsible for introducing a 

substitute into commerce. In this 

proposed rule we are addressing SNAP 

submissions from three companies 

interested in introducing into interstate 

commerce products that contain 

hydrocarbon refrigerants. 

The Agency has identified four 

possible decision categories for 

substitutes: Acceptable; acceptable 

subject to use conditions; acceptable 

subject to narrowed use limits; and 

unacceptable. Use conditions and 

narrowed use limits are both considered 

‘‘use restrictions’’ and are explained 

below. Substitutes that are deemed 

acceptable with no use restrictions (no 

use conditions or narrowed use limits) 

can be used for all applications within 

the relevant end-uses within the sector. 

Substitutes that are acceptable subject to 

use restrictions may be used only in 

accordance with those restrictions. It is 

illegal to replace an ODS with a 

substitute listed as unacceptable, unless 

certain exceptions (e.g. test marketing, 

research and development) provided by 

the regulation are met. 

After reviewing a substitute, the 

Agency may make a determination that 

a substitute is acceptable only if certain 

conditions in the way that the substitute 

is used are met to minimize risks to 

human health and the environment. 

EPA describes such substitutes as 

‘‘acceptable subject to use conditions.’’ 

Entities that use these substitutes 

without meeting the associated use 

conditions are in violation of section 

612 of the Clean Air Act. 

For some substitutes, the Agency may 

permit a narrowed range of use within 

an end-use or sector. For example, the 

Agency may limit the use of a substitute 

to certain end-uses or specific 

applications within an industry sector. 

The Agency requires a user of a 

narrowed use substitute to demonstrate 

that no other acceptable substitutes are 

available for their specific application 

by conducting comprehensive studies. 

EPA describes these substitutes as 

‘‘acceptable subject to narrowed use 

limits.’’ A person using a substitute that 

is acceptable subject to narrowed use 

limits in applications and end-uses that 

are not consistent with the narrowed 

use limit, are using these substitutes in 

an unacceptable manner and are in 

violation of section 612 of the Clean Air 

Act. 

The Agency publishes its SNAP 

program decisions in the Federal 

Register (FR). EPA publishes decisions 

concerning substitutes that are deemed 

acceptable subject to use restrictions 

(use conditions and/or narrowed use 

limits), or for substitutes deemed 

unacceptable, as proposed rulemakings 

to allow the public opportunity to 

comment, before publishing final 

decisions. 

In contrast, EPA publishes substitutes 

that are deemed acceptable with no 

restrictions in ‘‘notices of acceptability,’’ 

rather than as proposed and final rules. 

As described in the rule initially 

implementing the SNAP program (59 FR 

13044), EPA does not believe that 

rulemaking procedures are necessary to 

list alternatives that are acceptable 

without restrictions because such 

listings neither impose any sanction nor 

prevent anyone from using a substitute. 

Many SNAP listings include 

‘‘comments’’ or ‘‘further information’’ to 

provide additional information on 

substitutes. Since this additional 

information is not part of the regulatory 

decision, these statements are not 

binding for use of the substitute under 

the SNAP program. However, regulatory 

requirements so listed are binding under 

other regulatory programs. The ‘‘further 

information’’ classification does not 

necessarily include all other legal 

obligations pertaining to the use of the 

substitute. While the items listed are not 

legally binding under the SNAP 

program, EPA encourages users of 

substitutes to apply all statements in the 

‘‘further information’’ column in their 

use of these substitutes. In many 

instances, the information simply refers 

to sound operating practices that have 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25803 

4CFC–12 is also referred to as R–12, CCl2F2 and 

dichlorodifluoromethane. Its CAS Reg. No. is 75– 

71–8. 

5Propane is also known as R–290, HC–290, 

CH3CH2CH3 and C3H8. Its CAS Reg. No. is 74–98– 

6. 

already been identified in existing 

industry and/or building-codes or 

standards. Thus, many of the comments, 

if adopted, would not require the 

affected user to make significant 

changes in existing operating practices. 

D. Where can I get additional 

information about the SNAP program? 

For copies of the comprehensive 

SNAP lists of substitutes or additional 

information on SNAP, refer to EPA’s 

Ozone Depletion Web site at http:// 

www.epa.gov/ozone/snap/index.html. 

For more information on the Agency’s 

process for administering the SNAP 

program or criteria for evaluation of 

substitutes, refer to the SNAP final 

rulemaking published March 18, 1994 

(59 FR 13044), codified at 40 CFR part 

82, subpart G. A complete chronology of 

SNAP decisions and the appropriate 

citations are found at http:// 

www.epa.gov/ozone/snap/chron.html. 

III. What substitutes for ozonedepleting substances in what end-uses 

are considered in this rule? 

A. What is EPA proposing in this action? 

In this action, EPA proposes to list the 

following: 

(1) Isobutane, also referred to by the 

American Society of Heating, 

Refrigerating and Air Conditioning 

Engineers (ASHRAE) refrigerant 

designation R–600a, and the proprietary 

hydrocarbon blends HCR–188C and 

HCR–188C1, as acceptable subject to use 

conditions as a substitute for CFC–12 4

in household refrigerators, freezers, and 

combination refrigerator and freezers. 

EPA proposes the following use 

conditions: 

1. The quantity of the substitute 

refrigerant (i.e., ‘‘charge size’’) shall not 

exceed 57 grams (2.0 ounces) in any 

refrigerator, freezer, or combination 

refrigerator and freezers; 

2. 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); 

3. These refrigerants may be used only 

in refrigerators or freezers or 

combination refrigerator and freezers 

that meet all requirements listed in the 

10th edition of Underwriters Laboratory 

(UL) Standard 250. 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; 

4. The refrigerator, freezer, or 

combination refrigerator and freezer 

must have red, Pantone Matching 

System (PMS) #185 marked pipes, 

hoses, or other devices through which 

the refrigerant passes to indicate the use 

of a flammable refrigerant. This color 

must be applied at all service ports and 

where service puncturing or otherwise 

creating an opening from the refrigerant 

circuit to the atmosphere might be 

expected and must extend a minimum 

of one (1) inch in both directions from 

such locations; 

5. Similar to clauses SA6.1.1 to 

SA6.1.2 of UL standard 250, the 

following markings, or the equivalent, 

shall be provided and shall be 

permanent: 

(a) ‘‘DANGER—Risk of Fire or 

Explosion. Flammable Refrigerant Used. 

Do Not Use Mechanical Devices To 

Defrost Refrigerator. Do Not Puncture 

Refrigerant Tubing.’’ 

(b) ‘‘DANGER—Risk of Fire or 

Explosion. Flammable Refrigerant Used. 

Do Not Use Mechanical Devices. To Be 

Repaired Only By Trained Service 

Personnel. Do Not Puncture Refrigerant 

Tubing.’’ 

(c) ‘‘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) ‘‘CAUTION—Risk of Fire or 

Explosion. Dispose of Properly In 

Accordance With Federal Or Local 

Regulations. Flammable Refrigerant 

Used.’’ 

(e) ‘‘CAUTION—Risk of Fire or 

Explosion Due To Puncture Of 

Refrigerant Tubing; Follow Handling 

Instructions Carefully. Flammable 

Refrigerant Used.’’ 

The marking described in clause (a) 

above shall be permanently attached on 

or near any evaporators that can be 

contacted by the consumer. The 

markings described in clauses (b) and 

(c) above shall be permanently attached 

near the machine compartment. The 

markings described in clause (d) above 

shall be permanently attached on the 

exterior of the refrigerator. The marking 

described in clause (e) above shall be 

permanently attached near any and all 

exposed refrigerant tubing. All of these 

markings shall be in letters no less than 

6.4 mm (1⁄4 inch) high. 

6. Household refrigerators, freezers, 

and combination refrigerator and 

freezers using these refrigerants must 

have service aperture fittings that are 

colored red as described above in use 

condition number four and which differ 

from fittings used in equipment or 

containers using non-flammable 

refrigerant. ‘‘Differ’’ means that either 

that the diameter must differ by at least 

1⁄16 inch or the thread direction must be 

reversed (i.e., right handed vs. left 

handed). These different fittings must be 

permanently affixed to the unit and may 

not be accessed with an adaptor until 

the end-of-life of the unit; 

7. These refrigerants may not be sold 

for use as a refrigerant in containers 

designed to contain less than five 

pounds (2.8 kg) of refrigerant. 

(2) Propane, R–290,5 as acceptable 

subject to use conditions as a substitute 

for CFC–12, R–502, or HCFC–22, in 

retail food refrigerators and freezers: 

1. The charge size for the retail food 

refrigerator or freezer using R–290 shall 

not exceed 150 grams (5.3 ounces); 

2. This refrigerant may be used only 

in new equipment specifically designed 

and clearly identified for the refrigerant; 

3. This substitute may only be used in 

equipment that meets all requirements 

in the 9th edition of UL Standard 471. 

In cases where the final rule includes 

requirements more stringent than those 

of the 9th edition of UL Standard 471, 

the appliance must meet the 

requirements of the final rule in place 

of the requirements in the UL Standard; 

4. The refrigerator or freezer must 

have red, Pantone Matching System 

(PMS) #185 marked pipes, hoses, and 

other devices through which the 

refrigerant passes to indicate the use of 

a flammable refrigerant. This color must 

be applied at all service ports and where 

service puncturing or otherwise creating 

an opening from the refrigerant circuit 

to the atmosphere might be expected, 

and must extend a minimum of one (1) 

inch in both directions from such 

locations; 

5. Similar to clauses SB6.1.2 to 

SB6.1.5 of UL Standard 471, the 

following markings, or the equivalent, 

shall be provided and shall be 

permanent: 

(a) ‘‘DANGER—Risk of Fire or 

Explosion. Flammable Refrigerant Used. 

Do Not Use Mechanical Devices To 

Defrost Refrigerator. Do Not Puncture 

Refrigerant Tubing.’’ 

(b) ‘‘DANGER—Risk of Fire or 

Explosion. Flammable Refrigerant Used. 

To Be Repaired Only By Trained Service 

Personnel. Do Not Puncture Refrigerant 

Tubing.’’ 

(c) ‘‘CAUTION—Risk of Fire or 

Explosion. Flammable Refrigerant Used. 

Consult Repair Manual/Owner’s Guide 

Before Attempting To Service This 

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25804 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

Product. All Safety Precautions Must be 

Followed.’’ 

(d) ‘‘CAUTION—Risk of Fire or 

Explosion. Dispose of Property In 

Accordance With Federal Or Local 

Regulations. Flammable Refrigerant 

Used.’’ 

(e) ‘‘CAUTION—Risk of Fire or 

Explosion Due To Puncture Of 

Refrigerant Tubing; Follow Handling 

Instructions Carefully. Flammable 

Refrigerant Used.’’ This marking shall be 

provided near all exposed refrigerant 

tubing. 

The marking described in clause (a) 

above shall be permanently attached or 

near any evaporators that can be 

contacted by the consumer. The 

markings described in clauses (b) and 

(c) above shall be located near the 

machine compartment. The marking 

described in clause (d) above shall be 

permanently attached on the exterior of 

the refrigerator. The marking described 

in clause (e) above shall be permanently 

attached near any and all exposed 

refrigerant tubing. All of these markings 

shall be in letters no less than 6.4 mm 

(1⁄4 inch) high. 

6. Retail food refrigeration using R– 

290 must have fittings that are colored 

red as described above in use condition 

number four and which differ from 

fittings used in equipment or containers 

using non-flammable refrigerant. 

‘‘Differ’’ means that either the diameter 

must differ by at least 1⁄16 inch or the 

thread direction must be reversed (i.e., 

right handed vs. left handed). These 

fittings must be permanently affixed to 

the unit, and may not be accessed with 

an adaptor, until the end-of-life of the 

unit; 

7. R–290 may not be sold as a 

refrigerant in containers containing less 

than five pounds (2.8 kg) of refrigerant. 

B. What are isobutane, propane, HCR– 

188C, and HCR–188C1? 

Hydrocarbons are flammable organic 

compounds made up of hydrogen and 

carbon. Isobutane has four carbons 

while propane has three carbons. HCR– 

188C and HCR–188C1 are proprietary 

blends consisting of primarily or 

exclusively of hydrocarbons. The 

chemical formula for isobutane, also 

called 2-methylpropane, is C4H10, also 

written as CH(CH3)2-CH3 to distinguish 

it from butane. Isobutane’s 

identification number in the Chemical 

Abstracts Service’s registry (CAS Reg. 

No.) is 75–28–5. The chemical formula 

for propane is C3H8 and its CAS Reg. 

No. is 74–98–6. As refrigerants, propane 

and isobutane can be referred to by the 

ASHRAE designations R–290 and R– 

600a, respectively. 

ANSI/ASHRAE Standard 34–2007 

categorizes isobutane, propane, and 

components of HCR–188C and HCR– 

188C1 in the A3 Safety Group. 

ASHRAE’s safety group classification 

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 ppm by volume, 

based on data used to determine 

threshold limit value-time-weighted 

average (TLV–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 then 

assigned a flammability classification 

from one of three classes—1, 2, or 3 

based on flammability. Tests are 

conducted in accordance with ASTM 

E681 using a spark ignition source 

(ASHRAE 2007). Figure 1 in ANSI/ 

ASHRAE Standard 15–2007 uses the 

same safety group but limits its 

concentration to 3400 ppm. 

C. What end-uses are included in our 

proposed decision? 

1. Household Refrigerators, Freezers, 

and Combination Refrigerator and 

Freezers 

Household refrigerators, freezers, and 

combination refrigerator and freezers are 

intended primarily for residential use, 

although they may be used outside the 

home. Household freezers only offer 

storage space at freezing temperatures, 

unlike household refrigerators. Products 

with both a refrigerator and freezer in a 

single unit are most common. In this 

NPRM, EPA is limiting the scope of our 

acceptability decisions to refrigerators 

and freezers and combination 

refrigerator and freezers with a 

refrigerant charge of 57 grams (2.0 

ounces) or less. 

2. Retail Food Refrigeration 

Retail food refrigeration includes the 

refrigeration systems, including cold 

storage cases, designed to chill food or 

keep it at a cold temperature for 

commercial sale. For the purpose of this 

proposal we are considering the use of 

hydrocarbons only in stand-alone 

equipment. A stand-alone appliance is 

one utilizing a sealed hermetic 

compressor and for which all 

refrigerant-containing components, 

including but not limited to the 

compressor, condenser and evaporator, 

are assembled into a single piece of 

equipment before delivery to the 

ultimate consumer or user, such 

equipment not requiring the addition or 

removal of refrigerant when placed into 

initial operation. Stand-alone 

equipment is used to store chilled 

beverages or frozen products (e.g., 

reach-in beverage coolers and standVerDate Mar<15>2010 16:19 May 07, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\10MYP1.SGM 10MYP1

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25805 

6CFCs and HCFCs are examples of ozonedepleting compounds unlike HCs which contain no 

chlorine. CFCs and HCFCs bring chlorine to the 

stratosphere, which cause depletion of the ozone 

layer. 

alone ice cream cabinets). This 

proposed decision does not apply to 

large refrigeration systems such, as but 

not limited to, direct expansion 

refrigeration systems typically found in 

retail food stores. We are proposing as 

a use condition that stand-alone 

equipment using a hydrocarbon 

refrigerant have a refrigerant charge less 

than 150 grams (5.3 ounces). 

D. Where Can I Find the Regulatory Text 

For These Proposed Listing Decisions? 

Our proposed decisions appear in a 

table at the end of the document and if 

finalized will be codified at 40 CFR 82 

subpart G. The proposed regulatory text 

contains proposed listing decisions for 

the above end-uses. EPA is proposing to 

find isobutane, propane, HCR–188C, 

and HCR–188C1 acceptable with use 

conditions. We note that there may be 

other legal obligations pertaining to the 

manufacture, use, handling, and 

disposal of hydrocarbons that are not 

included in the information listed in the 

tables (e.g., section 608 prohibition on 

venting refrigerant or Department of 

Transport requirements for transport of 

flammable gases). 

E. What Does An Acceptability 

Determination With Use Conditions For 

Isobutane, Propane, HCR–188C, and 

HCR–188C1 Mean? 

In this action, EPA is proposing to 

find isobutane, propane, HCR–188C, 

and HCR–188C1 acceptable subject to 

use conditions as substitutes for CFC– 

12, HCFC–22, and R–502 in certain 

refrigeration end-uses. If this proposal 

were to become final, it would be legal 

to use isobutane, propane, HCR–188C, 

and HCR–188C1 in the specified types 

of equipment under the conditions 

outlined above as a substitute for ozonedepleting substances (ODS). If this 

proposal became final, use in the 

specified types of equipment that is not 

consistent with the use conditions 

would be a violation of CAA section 612 

and EPA’s implementing regulations. 

EPA seeks comment regarding this 

proposal and, in particular, whether the 

proposed use conditions are adequate to 

ensure the safe and appropriate 

handling of hydrocarbon refrigerants. 

IV. What criteria did EPA consider in 

preparing this proposal? 

Section 612(c) of the Clean Air Act 

directs EPA to publish a list of 

acceptable replacement substances 

(‘‘substitutes’’) for class I and class II 

ODS, where the Administrator 

determines they are safe for specific 

uses when compared with other 

currently or potentially available 

substitutes, and a list of prohibited 

substitutes for specific uses. EPA 

compares the risks to human health and 

the environment of a substitute to the 

risks associated with other substitutes 

that are currently or potentially 

available. EPA also considers whether 

the substitute for class I and class II 

ODSs ‘‘reduces the overall risk to human 

health and the environment’’ compared 

to the ODSs historically used in the end 

use. The criteria for review are listed at 

40 CFR 82.180(a)(7). These criteria are 

(i) atmospheric effects and related 

health and environmental impacts; (ii) 

General population risks from ambient 

exposure to compounds with direct 

toxicity and to increased ground-level 

ozone; (iii) Ecosystem risks; (iv) 

Occupational risks; (v) Consumer risks; 

(vi) Flammability; and (vii) Cost and 

availability of the substitute. 

EPA evaluated each of the criteria 

separately and then considered overall 

risk to human health and the 

environment in comparison to other 

available or potentially available 

alternatives in the same end-uses. EPA 

proposes to conclude that, overall, 

environmental risks posed by the four 

reviewed substitutes were not greater 

than the environmental risks posed by 

other substitutes in the reviewed enduses. Because these four substitutes 

have zero ozone depletion potential 

(ODP), very low global warming 

potential (GWP), and are volatile 

organic compounds (VOCs) but 

insignificantly affect local air quality, 

the environmental risks associated with 

ODP GWP, and VOC effects are lower 

than or comparable to other acceptable 

substitutes. These and other 

environmental risks are discussed 

below. In addition, EPA has placed in 

the docket an analysis table comparing 

the four substitutes being proposed in 

this action and several substitutes that 

have been found acceptable in the 

refrigeration and air conditioning end 

use. The flammability risks to public 

health are of concern because household 

and retail food refrigerators and freezers 

have traditionally used refrigerants that 

are not flammable. Without mitigation, 

the risks posed by these refrigerants 

would be higher than other nonflammable refrigerants because 

individuals may not be aware that their 

actions could potentially cause a fire, 

and existing equipment has not been 

designed specifically to minimize 

flammable risks. Therefore, EPA is 

proposing use conditions to mitigate 

these risks to ensure that the overall risk 

to human health and the environment 

posed by these four substitutes is not 

greater than the overall risk posed by 

other substitutes in the same end use. 

A. Impacts on the ecosystem 

This section will include the 

substitutes’ impact on the environment 

including ODP, GWP, and VOC. The 

ODP is the ratio of the impact on 

stratospheric ozone of a chemical 

compared to the impact of an identical 

mass of CFC–11. Thus, the ODP of CFC– 

11 is defined to be one (1.0). Other CFCs 

and HCFCs have ODPs that range from 

0.01 to one (1.0). All four refrigerant 

substitutes in this proposal have an ODP 

of zero,6 lower than the ODP of the 

substances that they would replace: 

CFC–12 (ODP = 1.0); HCFC–22 (ODP = 

0.055); and R–502 (ODP = 0.334) (WMO, 

2006). The most commonly used 

substitutes in these two end-uses also 

have an ODP of zero (e.g. R–404A, R– 

134a, R–410A, R–407C). 

The GWP index is a means of 

quantifying the potential integrated 

climate forcing of various greenhouse 

gases relative to carbon dioxide. The 

100-year integrated GWPs of isobutane, 

propane, HCR–188C, and HCR–188C1 

are estimated to be eight, three, less than 

five, and less than five, respectively, 

compared to a value of one for CO2

(WMO, 2006). These are significantly 

lower than the 100-year integrated 

GWPs of the substances that they would 

be replacing: CFC–12 (GWP = 10,890); 

HCFC–22 (GWP = 1,810); and R–502 

(GWP = 4,660) (WMO, 2006). The GWPs 

for hydrocarbons (including the four 

being reviewed here) are minimal and 

are significantly lower than those of 

other acceptable refrigerants in these 

end-uses (e.g. GWPs of R–134a, R–404A, 

R–407C, and R–410A are about 1430, 

3920, 1770, and 2090, respectively). 

The greenhouse gas (GHG) impacts of 

these refrigerants also depend upon the 

energy use by appliances, since the 

‘‘indirect’’ GHG emissions associated 

with electricity consumption typically 

exceed those from refrigerants over the 

full lifecycle of refrigerant-containing 

products. (Citation: J. Sand, S. Fischer, 

and V. Baxter, ‘‘Energy and Global 

Warming Impacts of HFC Refrigerants 

and Emerging Technologies,’’ 1997, Oak 

Ridge National Lab) If hydrocarbonusing appliances are less energy 

efficient than the appliances they 

replace, then it is possible that these 

appliances will result in higher lifecycle 

greenhouse gas emissions even if 

refrigerant emissions are lower. 

Conversely, higher energy efficiency of 

these appliances would lead to lower 

GHG emissions than the reduction from 

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25806 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

7Lower flammability limit (LFL) = Lower 

Flammability Limit, the minimum concentration in 

air at which flame propagation occurs. 

8Time weighted average (TWA) = An allowable 

exposure concentration averaged over a normal 8- 

hour workday or a 40-hour workweek. 

refrigerants alone. We have not 

quantified the full lifecycle GHG 

emissions associated with substituting 

traditional ODS refrigerants with 

hydrocarbons but acknowledge that they 

also depend on the appliance’s 

electricity consumption and the fuel 

used to generate that electricity. 

Hydrocarbons are VOCs under CAA 

regulations addressing the development 

of State Implementation Plans to attain 

and maintain National Ambient Air 

Quality Standards for ground-level 

ozone, which is a respiratory irritant 

(see 40 CFR 51.100(s)). Potential 

emissions of VOCs from all substitutes 

for all end-uses in the refrigeration and 

air conditioning sector are estimated to 

be insignificant relative to VOCs from 

all other sources (i.e., other industries, 

mobile sources, and biogenic sources) 

(ICF, May 22, 2009, May 26, 2009, and 

July 17, 2009). 

B. Flammability and Fire Safety 

Due to their flammable nature, 

isobutane, propane, HCR–188C, and 

HCR–188C1 could pose a significant 

safety concern for workers and 

consumers if they are not handled 

correctly. In the presence of an ignition 

source (e.g., static electricity spark 

resulting from closing a door, using a 

torch during service, or a short circuit 

in wiring that controls the motor of a 

compressor), an explosion or a fire 

could occur when the concentration of 

isobutane, propane, HCR–188C or HCR– 

188C1 exceeds its lower flammability 

limit 7 (LFL) of 18,000 ppm, 21,000 

ppm, 20,000 ppm, or 16,000 ppm, 

respectively. Therefore, in order for 

these substitutes to be used safely, it is 

important to minimize the presence of 

potential ignition sources and to reduce 

the likelihood that the levels of 

isobutane, propane, HCR–188C, or 

HCR–188C1 will exceed the LFL. In 

production facilities or other facilities 

where large quantities of the refrigerant 

would be stored, proper safety 

precautions should be in place to 

minimize the risk of explosion. EPA 

recommends these facilities be 

equipped with proper ventilation 

systems to minimize the risks of 

explosion and should be properly 

designed to reduce possible ignition 

sources. EPA also understands that 

these hydrocarbon refrigerants will be 

used by original equipment 

manufacturers (OEMs) in specifically 

redesigned refrigerators and freezers. 

For all four hydrocarbon refrigerants 

considered in this proposal, to 

determine whether flammability would 

be a concern for service and 

manufacture personnel or for 

consumers, EPA conducted a reasonable 

worst-case scenario analysis to model 

catastrophic release of the refrigerant. 

The worst-case scenario analysis 

revealed that even if the unit’s full 

charge is emitted within one minute, 

none of these four hydrocarbons 

reached the LFL (ICF, May 22, 2009, 

May 26, 2009, July 17, 2009, and 

November 6, 2009). However, as 

mentioned above, hydrocarbons 

refrigerants are flammable and service 

and manufacture personnel or 

consumers are not familiar with these 

refrigerator or freezer or combination 

refrigerators and freezers containing a 

flammable refrigerant; therefore, use 

conditions are necessary to create 

awareness of a flammable refrigerant 

and ensure safe handling. Detailed 

analysis of the modeling results are 

discussed below in the ‘‘toxicity’’ section 

of the preamble. EPA also reviewed the 

submitters’ detailed assessments of the 

probability of events that might create a 

fire and engineering approaches to 

avoid sparking from the refrigeration 

equipment. 

C. Toxicity 

In evaluating potential human health 

impacts of isobutane, propane, HCR– 

188C, and HCR–188C1, EPA considered 

impacts both on exposed manufacture 

personnel, store employees, technicians 

herein defined as ‘‘worker,’’ and on 

consumers. EPA investigated the risk of 

asphyxiation and of exposure to toxic 

levels of refrigerant for a worst-case 

scenario and a typical use scenario for 

isobutane, propane, HCR–188C, and 

HCR–188C1. EPA believes that the use 

of any of these hydrocarbons in the enduses reviewed does not pose a 

significant risk of asphyxiation or of 

exposure to toxic levels to workers or 

consumers. 

EPA estimated the maximum time 

weighted average 8 (TWA) exposure for 

each exposure scenario and compared 

this value to relevant industry and 

government exposure limits for 

isobutane, propane, HCR–188C, and 

HCR–188C1 (including potential 

impurities in the substitutes). The 

modeling results indicate that both the 

short-term (15-minute and 30-minute) 

and long-term (8-hour) worker exposure 

concentrations at no point are likely to 

exceed 2 percent (for isobutane), 50 

percent (for propane), 4 percent (for 

HCR–188C), or 2 percent (for HCR– 

188C1) of the Occupational Safety and 

Health Administration (OSHA) 

permissible exposure limit (PEL) and 

National Institute for Occupational 

Safety and Health (NIOSH) 

recommended exposure limit (REL) of 

the component refrigerants (for 

isobutane and propane) or the 

refrigerants components for HCR–188C 

and HCR–188C1(ICF, 2009). 

EPA performed a consumer exposure 

analysis that examined potential 

catastrophic release of the substitute 

under a reasonable worst-case scenario. 

Estimates for acute/short-term consumer 

exposures resulting from catastrophic 

leakage of refrigerant from residential 

refrigerators were examined. The 

analysis was undertaken to determine 

the 15-minute and 30-minute TWA 

exposure levels for the substitute, which 

were then compared to the standard 

toxicity limits to assess the risk to 

consumers. However, the TWA values 

were conservative, as the analysis did 

not consider opened windows, fans 

operating, conditioned airflow (either 

heated or cooled), and other variables 

that would likely reduce the levels to 

which individuals would be exposed. 

This analysis assumed that 100 

percent of the unit’s charge would be 

released during a time span of one 

minute, at which time the concentration 

of refrigerant would peak and then 

steadily decline. Refrigerant 

concentrations were modeled under two 

air change scenarios, believed to 

represent the baseline of potential flow 

rates for a home, assuming flow rates of 

2.5 and 4.5 air changes per hour (ACH) 

(Sheldon 1989). The highest 

concentrations of the refrigerant occur 

in the lower stratum of the room when 

assuming lower ventilation levels of 2.5 

ACH. Using a 2.5 ACH to calculate the 

TWA achieves a higher concentration 

than using 4.5 ACH to calculate the 

TWA. Because EPA looked at the worst 

case scenario it was only necessary to 

evaluate the TWA values using 2.5 ACH 

as 4.5 ACH TWA values would be in the 

acceptable range if the 2.5ACH TWA 

values were within the acceptable range. 

OSHA (2004) states no toxic effects 

are reported with exposures to 

isobutane below 18,000 ppm. Even 

under the very conservative 

assumptions used in the consumer 

exposure modeling, both the estimated 

15-minute and 30-minute consumer 

exposures to isobutane (5,025 ppm and 

3,844 ppm, respectively) are much 

lower than 18,000 ppm, and thus should 

not pose a toxicity threat. 

EPA also evaluated the same scenario 

with HCR–188C and HCR–188C1. The 

highest concentrations of HCR–188C 

and HCR–188C1 occur in the lower 

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9http://www.epa.gov/opptintr/aegl/pubs/ 

results96.htm EPA Web site accessed August 17, 

2009. 

10EPA is referencing the UL Standard 250 

Supplement SA; ‘‘Requirements for Refrigerators 

and Freezers Employing a Flammable Refrigerant in 

the Refrigerating System’’, UL 250 10th edition (for 

isobutane, HCR–188C, and HCR–188C1 in home 

refrigerators and freezers) and UL 471 9th edition 

Supplement SB; ‘‘Requirements for Refrigerators 

and Freezers Employing a Flammable Refrigerant in 

the Refrigerating System’’ (for propane in 

commercial refrigerators and freezers). 

stratum of the room when assuming 

lower ventilation levels of 2.5 ACH. 

Even under the conservative 

assumptions used in the consumer 

exposure modeling, both the estimated 

15-minute and 30-minute consumer 

exposure levels of HCR–188C and HCR– 

188C1 are at least 50 percent lower than 

the 30-minute acute exposure guideline 

level (AEGL)-1 values for the individual 

components of the blend and thus 

should not pose a toxicity threat. 

To assess end-use exposures to 

propane, an Acute Exposure Guideline 

Level (AEGL) was chosen as the most 

appropriate toxicological limit. This 

limit is an emergency guideline for 

exposures to the general population 

(including susceptible populations) and 

is not time-weighted; it also considers 

the chemical’s flammability in addition 

to its toxicity. A time-weighted limit 

was deemed inappropriate for this 

scenario because, due to the nature of a 

time-weighted calculation. As TWA are 

exposure concentrations averaged over a 

normal eight (8) hour work-day, it could 

allow a room occupant to be exposed to 

levels higher than the limit for a brief 

period of time. This is a concern for 

propane due to its flammability, as a 

higher exposure could approach the 

chemical’s lower flammability limit 

(LFL—propane has an LFL of 21,000 

ppm). 

The EPA develops a set of AEGL 

values for a chemical for five exposure 

periods (10 and 30 minutes, 1 hour, 4 

hours and 8 hours). For each exposure 

period, three different AEGL values are 

developed to address different levels of 

toxicological impacts. Of relevance for 

the modeled scenario is the AEGL–1 

(10,000 ppm), which is defined as: ‘‘the 

airborne concentration, expressed as 

parts per million or milligrams per 

cubic meter (ppm or mg/m3) of a 

substance above which it is predicted 

that the general population, including 

susceptible individuals, could 

experience notable discomfort, 

irritation, or certain asymptomatic 

nonsensory effects. However, the effects 

are not disabling and are transient and 

reversible upon cessation of exposure.’’ 

While permanent toxicological effects 

are not expected up to the AEGL–2 

value (17,000 ppm for propane), this 

limit is not relevant for this analysis 

because at that level, flammability 

would be a greater concern. 

EPA analyzed consumer and worker 

exposure to propane in commercial food 

cabinets with a 150 gram charge size. 

The highest expected levels of exposure 

for this end-use occur in the lower 

stratum of the room. The result for 

propane is a 15-minute TWA of 10,414 

ppm and a 30-minute TWA of 7,963 

ppm. The 10-minute (AEGL)–1 value for 

propane is 10,000 ppm.9 Specifically, 

for propane at the end-use, the modeled 

15-minute time-weighted average 

exposure is 10,414 ppm (for practical 

purposes, there is no difference 

toxicologically speaking between this 

value and 10,000 ppm (the AEGL–1 

value), especially as this is a modeled 

concentration and is based on a worstcase scenario). As this exposure 

concentration is marginally higher than 

the AEGL–1 and significantly lower 

than the AEGL–2, serious or permanent 

toxicological effects are not expected for 

room occupants at the end-use. 

Therefore, it is believed that even under 

the very conservative assumptions used 

in this model, exposures to propane 

should not pose a toxicity threat. As the 

AEGL is an emergency guideline, and 

flammability is a concern for this 

chemical, it is recommended that room 

occupants should evacuate the space 

immediately following the accidental 

release of this refrigerant. As our 

submitters have stated an accidental 

release would be caused during service 

and maintenance therefore the service 

technicians would know to evacuate. 

For further information regarding 

accidental releases or fault tree analyses 

see the docket number EPA–HQ–OAR– 

2009–0286. 

V. Why is EPA proposing these specific 

use conditions? 

EPA is proposing to find isobutane, 

HCR–188C, and HCR–188C1 acceptable 

with use conditions in new household 

refrigerators and freezers and 

combination refrigerator and freezers 

(with a charge of 57 grams (2.0 ounces) 

or less) and propane acceptable with use 

conditions in stand-alone retail food 

refrigerators and freezers (with a charge 

of 150 grams (5.3 ounces) or less) that 

are designed and manufactured 

specifically to use these alternatives. 

The proposed listings with the specific 

use conditions are intended to allow for 

the use of isobutane, propane, HCR– 

188C, and HCR–188C1 where the 

current evidence shows that they can be 

used safely within specified parameters. 

We also seek comment on the proposed 

listing as well as the specific use 

conditions discussed below. 

A. New Equipment Only; Not Intended 

for Use as a Retrofit Alternative 

EPA is proposing that the four 

refrigerants considered in this proposal 

must be used only in new equipment 

that has been designed and 

manufactured specifically for use with 

the listed alternative refrigerant, as 

follows: 

• Isobutane—household refrigerators, 

freezers, and combination refrigerator 

and freezers; 

• Propane—retail food refrigeration 

(stand-alone only); 

• HCR–188C—household 

refrigerators and freezers and 

combination refrigerator and freezers; 

and 

• HCR–188C1—household 

refrigerators and freezers and 

combination refrigerator and freezers. 

The four refrigerants were not 

submitted under the SNAP program to 

be used in retrofitted equipment. 

Existing equipment designed for other 

refrigerants may not be converted or 

retrofitted to use any of these four 

hydrocarbon refrigerants. These 

substitutes may be used only in new 

equipment that is designed to address 

concerns unique to flammable 

refrigerants. 

B. Standards 

EPA is proposing the refrigerants may 

be used only in equipment that meets 

all requirements in UL Standard 250 

10th edition (for isobutane, HCR–188C, 

and HCR–188C1 in household 

refrigerators and freezers) or UL 471 9th 

edition (for propane in retail food 

equipment specifically in stand-alone 

refrigeration and freezers).10 UL has 

tested equipment for flammability risk 

in both household and retail food 

refrigeration. Further, UL has developed 

acceptable safety standards including 

requirements for construction, for 

markings, and for performance tests 

concerning refrigerant leakage, ignition 

of switching components, surface 

temperature of parts, and component 

strength after being scratched. 

C. Charge Size 

EPA is proposing a limitation on 

charge size for refrigerators and freezers 

that reflects the UL 250 and UL 471 

standards. EPA is proposing a charge 

size not to exceed 57grams (2.0 ounces) 

for household refrigerators and freezers 

and 150 grams (5.3 ounces) for retail 

food refrigeration in stand-alone units. 

To place this in comparison, EPA 

estimates the charge size of a disposable 

lighter is equal to 30 grams (1.1 

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25808 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

11Study conducted by Ben and Jerry’s/Unilever 

on the weight of butane contained in disposable 

lighters. 

ounce).11 Therefore we estimate that 

charge size of household refrigerators 

and freezers are equivalent to 

approximately two disposable lighters 

while retail stand-alone refrigerators 

and freezers are equivalent to 

approximately five disposable lighters 

or less. In comparison, the household 

refrigerator and freezer and retail food 

refrigerator charge size is significantly 

less than refillable butane lighter fluid 

which contains 340 grams (12 ounces). 

The refrigerant charge is smaller than 

the disposable propane fuel cylinders 

used for camping which contains 468 

grams (16.4 ounces). 

The UL 250 standard limits the 

amount of refrigerant that may leak to 

50 grams (1.8 ounces). EPA selected 57 

grams (2.0 ounces) to allow for up to 7 

grams (0.2 ounces) of refrigerant charge 

that might be solubilized in the oil (and 

assumed not to not leak or immediately 

vaporize with the refrigerant in the case 

of a leak). UL standard 471 limits the 

amount leaked to 150 grams (5.3 

ounces). Furthermore, the charge size 

limit for propane (for retail food 

refrigeration) is in line with the IEC 

60335–2–89 standard for commercial 

appliances, which has a charge size 

limit of 150 grams (5.3 ounces). EPA did 

not include an additional 7grams (0.2 

ounces) of refrigerant that would be 

solubilized in the oil as we did in the 

household refrigerator and freezers end 

use. This is because 157 grams (5.5 

ounces) would be over the international 

charge size standard for retail food 

refrigeration. As the international 

household refrigerator and freezers 

standard’s charge size limit is 150 grams 

(5.3 ounces) larger than UL 250 

standard, EPA’s suggested charge size 

for household refrigerator and freezers 

would be well below the international 

charge size limit. EPA is taking 

comment on the charge size limit on 

both the household refrigerator and 

freezers and retail food refrigeration end 

use. 

D. Color-Coded Hoses and Piping 

EPA proposes that equipment must 

have distinguishing color-coded hoses 

and piping to indicate use of a 

flammable refrigerant. This will help 

technicians immediately identify the 

use of a flammable refrigerant, thereby 

potentially reducing the risk of using 

sparking equipment or otherwise having 

an ignition source nearby. The air 

conditioning and refrigeration industry 

currently uses distinguishing colors as 

means for identifying different 

refrigerants. Likewise, distinguishing 

coloring has been used elsewhere to 

indicate an unusual and potentially 

dangerous situation, for example in the 

use of orange-insulated wires in hybrid 

electric vehicles. EPA is proposing that 

all such refrigerator tubing be colored 

red Pantone Matching System (PMS) 

#185 to match the red band displayed 

on the container of flammable 

refrigerants under the Air Conditioning, 

Heating and Refrigeration Institute 

(AHRI) Guideline ‘‘N’’ 2008, ‘‘2008 

Guideline for Assignment of Refrigerant 

Container Colors.’’ EPA believes that one 

color is sufficient for both household 

refrigerator and freezers and retail food 

refrigeration (stand-alone units) to 

indicate the equipment contains a 

flammable refrigerant. 

EPA wants to ensure that there is no 

doubt that a flammable refrigerant is 

being used within the equipment or 

appliance. Currently, no industry 

standard exists for color-coded hoses or 

pipes for isobutane, propane, HCR– 

188C, or HCR–188C1. EPA is taking 

comment on the potential development 

of an industry-wide standard for hoses 

and pipes for flammable refrigerants. 

One mechanism to distinguish hoses 

and pipes that EPA would find 

acceptable is to add a colored plastic 

sleeve or cap to the service tube. The 

colored plastic sleeve or cap would have 

to be forcibly removed in order to access 

the service tube. This would signal to 

the technician that the refrigeration 

circuit that she/he was about to access 

contained a flammable refrigerant, even 

if all warning labels were somehow 

removed. This sleeve could be boldly 

marked with a specific color or graphic 

to indicate the refrigerant was 

flammable. This could be a costeffective means as an alternative to 

painting or dying the hose or pipe. EPA 

is taking comment on this mechanism of 

distinguishing the pipe and hose by 

adding a colored plastic sleeve or cap to 

the pipe or hose. 

EPA is particularly concerned with 

ensuring adequate and proper 

notification for servicing and disposal of 

appliances containing flammable 

refrigerants. EPA believes the use of 

color-coded hoses, as well as the use of 

warning labels and unique fittings 

discussed below, would be reasonable 

and would be consistent with other 

general industry practices. EPA requests 

comment on whether such color coding 

would provide, in combination with 

other proposed use conditions, adequate 

warning of the use of a flammable 

refrigerant and, if so, whether such 

color-coding should be required for all 

tubing or just some, e.g., around service 

ports. 

E. Labeling 

As a use condition, EPA is proposing 

to require labeling of household and 

retail refrigerators and freezers. EPA is 

proposing the warning labels on the 

equipment contain letters at least 1⁄4

inch high. The label must be 

permanently affixed to the refrigerator 

until the refrigerator’s end of life. 

Warning label language for household 

refrigerators and freezers is found in UL 

250 as SA6.1 and for commercial 

refrigerators and freezers in UL 471 as 

SB6.1. 

EPA believes that it would be difficult 

to see the warning labels with UL 250 

and 471’s minimum lettering height 

requirement of 1⁄8 inch. Therefore, EPA 

is proposing the minimum height must 

be 1⁄4 inch as opposed to 1⁄8 inch for 

lettering, which will make it easier for 

technicians, consumers, retail 

storeowners, and emergency first 

responders to view the warning labels. 

EPA is requesting comment on requiring 

labeling, the height of the lettering, 

whether specific colors or symbols are 

also needed, and the likelihood of labels 

remaining on a product throughout the 

lifecycle of the product, including its 

disposal. 

F. Unique Fittings 

EPA is proposing that household and 

retail refrigerators and freezers using 

these refrigerants must have fittings 

unique to flammable refrigerants (with 

unique color and unique thread 

direction or fitting diameter to the 

refrigerant). Instead of having separate 

fittings for each type of flammable 

refrigerant, EPA believes one unique 

fitting for all flammable refrigerants is 

sufficient. We believe that using 

flammable refrigerants with a unique set 

of fittings will prevent the accidental 

mixing of flammable and nonflammable refrigerants. These fittings 

(male or female, as appropriate) are 

attachment points on the equipment 

itself, on all recovery equipment, on 

charging equipment, and on all 

refrigerant containers. Unique fittings 

are defined in 64 FR 22983, April 28, 

1999 as: ‘‘For screw-on-fittings, ‘‘differ’’ 

means that either the diameter must 

differ by at least 1/16 inch or the thread 

direction must be reversed (i.e., right 

handed vs. left handed). Simply 

changing the thread pitch is not 

sufficient. For quick-connect fittings, 

‘‘differ’’ means that a person using 

normal force and normal tools 

(including wrenches) must not be able 

to cross-connect fittings.’’ 

EPA believes that service ports are 

necessary to facilitate recovery of 

refrigerant during service or disposal of 

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appliances. EPA notes that service 

apertures on small appliances using 

class I and class II substances is 

required by the CAA section 608(b)(2). 

Service ports allow for the proper 

recovery of refrigerant during service or 

disposal of refrigerators and freezers 

because service ports act as an access 

point for recovery equipment. As 

required by 40 CFR 82.154(a)(1), no 

refrigerant may be knowingly vented. 

Therefore, prior to disposal of the 

equipment all refrigerants must be 

recovered. Without the service port on 

the equipment, there is no mechanism 

to recover the refrigerant without 

cutting into the refrigerant lines. 

In addition, EPA is requiring that 

flammable refrigerant fittings must be 

designed to mechanically prevent crosscharging with another non-flammable 

refrigerant. EPA believes that it is likely 

that technicians servicing hydrocarbon 

appliances will also service appliances 

containing CFC, HCFC, and HFC 

refrigerants. The multitude of 

refrigerants could lead to unintentional 

mixing of recovered refrigerant resulting 

in emissions of contaminated refrigerant 

that might not be able to be 

economically separated and/or 

reclaimed. EPA believes that unique 

fittings will aid in the prevention of 

such contamination that might prevent 

recycling and reclamation of otherwise 

useful non-flammable refrigerant. This 

is especially important as the HCFC 

allocation rule becomes effective on 

January 1, 2010, it is expected the 

supply of HCFC–22 will become limited 

during the middle of the coming decade. 

Recycling and reclamation of HCFC–22 

will be necessary to maintain an ample 

supply of HCFC–22. 

Traditionally the refrigeration 

industry has not used unique fittings; 

however, it has been required in the 

motor vehicle air conditioning industry 

since June 13, 1995 (60 FR 31096). For 

further clarification please refer to April 

28, 1999 (64 FR 22983) where EPA 

defined uniqueness of fittings for motor 

vehicle air conditioners using 

substitutes under SNAP. EPA believes 

that the use of unique fittings in 

stationary refrigeration and air 

conditioning are appropriate for 

flammable refrigerants. Unique fittings 

would help maintain the separation of 

flammable refrigerants from equipment 

designed for non-flammable refrigerants 

because the equipment for charging 

flammable refrigerants would not be 

able to be used on other equipment. 

This should reduce the risk of fire by 

ensuring that flammable refrigerants are 

used only in equipment designed for 

flammable refrigerants. In addition, the 

use of unique fittings can help in 

identifying the refrigerant being used 

and reducing the likelihood that 

flammable refrigerant might 

contaminate supplies of recovered 

nonflammable refrigerant containing 

CFCs, HCFCs, or HFCs. 

EPA requests comments on the 

potential use of unique fittings, whether 

one such unique fitting is adequate to 

cover all flammable refrigerants, the 

adequacy of the definition of unique 

fittings, and the likelihood that such 

fitting would achieve the objectives of 

avoiding refrigerant contamination and 

maintaining safety in a market where 

both flammable and non-flammable 

refrigerants may be utilized. EPA is also 

requesting comment on the applicability 

of the ANSI/ASHRAE 34–2007 standard 

for flammability and whether these use 

conditions are appropriate to ensure 

safety. 

G. Small Containers 

EPA is proposing that these four 

refrigerants may not be sold for use in 

the listed end uses as a refrigerant in 

containers in quantities of less than five 

pounds (2.8 kg). This restriction would 

ban the sale of small canisters of 

refrigerant-grade hydrocarbons. The 

purpose of this proposal is to prevent 

purchase by untrained people who 

would not have the appropriate skills or 

equipment to properly recover or charge 

the refrigerant. Larger containers of 

flammable refrigerant would also 

typically be purchased by technicians 

rather than untrained people because 

the larger amount of refrigerant would 

be less useful to individual users, who 

would typically need only a small 

amount, and the larger quantity could 

be cost prohibitive to individual users. 

Therefore this would reduce the 

possibility that untrained people would 

handle the flammable refrigerant, 

accidentally add flammable refrigerants 

to a CFC, HCFC, or HFC refrigerant, or 

would incorrectly dispose of the 

containers. 

Contaminating a CFC, HCFC, or HFC 

refrigerant will cause the refrigerant to 

be potentially unusable. Mixing of 

refrigerants is counter to overall Title VI 

implementation. Consequently, the 

wasted refrigerant would have to be 

disposed of properly rather than reused, 

potentially further limiting the tight 

supply of HCFC–22 in the coming 

decade. The SNAP program, together 

with other Title VI regulations, seeks to 

ensure a smooth transition as we 

continue to phase out ODS, including 

HCFC–22. In addition to contaminating 

the refrigerant, an untrained person 

could potentially add a flammable 

refrigerant to equipment that is not 

designed for flammable refrigerant and, 

as a result, damage the equipment or 

appliance or create a fire hazard. To 

prevent refrigerant contamination, 

addition of the incorrect refrigerant, or 

incorrect disposal of canisters and to 

avoid the risk of explosions or fire, EPA 

proposes a use condition prohibiting 

small containers of isobutane, propane, 

HCR–188C, and HCR–188C1, i.e., 

containers of less than five lbs (2.8 kg). 

EPA is seeking comment on this 

restriction on small canisters of 

refrigerant grade hydrocarbons such as 

R–600a, R–290, HCR–188C, and HCR– 

188C1. EPA is also requesting comment 

on the potential cost of the containers of 

hydrocarbon refrigerant and if the cost 

of such containers of hydrocarbon 

refrigerants would be different from the 

current cost of a similar quantity of 

propane or isobutane currently sold for 

other purposes. 

VI. What recommendations does EPA 

have for safe use of hydrocarbon 

refrigerants? 

EPA proposes to recommend that only 

technicians specifically trained in 

handling flammable refrigerants service 

or dispose of refrigerators and freezers 

containing these refrigerants. 

Technicians must know how to 

minimize the risk of fire and the 

procedures for using flammable 

refrigerants safely. Releases of large 

quantities of refrigerant during servicing 

and manufacturing, especially in areas 

where large amounts of refrigerant are 

stored, could cause an explosion if an 

ignition source exists nearby. For these 

reasons, it is important that only 

properly trained technicians handle 

flammable refrigerants when servicing 

or disposing of household and retail 

food refrigerators and freezers. 

EPA is unaware of any existing 

industry-wide technician training 

program or standard that fully covers 

the safe use of flammable refrigerants. 

EPA has reviewed several training 

programs provided as part of SNAP 

submissions from persons interested in 

flammable refrigerants. EPA intends to 

update the CAA section 608 technician 

certification test bank provided to 

organizations that administer the 

certification exams in accordance with 

40 CFR 82.161 to specifically address 

flammable refrigerants. EPA requests 

any information on an industry-wide 

flammable refrigerant training program, 

whether such a program is under 

development, the burden on the 

technicians to take an industry wide 

safety training, and the timeline likely 

needed to develop such a program in 

order to begin training a nation-wide 

fleet of technicians. 

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25810 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

VII. What other options did EPA 

consider? 

EPA considered several different 

options in preparing this proposed rule. 

Although EPA is not proposing these 

options, which are discussed below, we 

seek comment on them. 

EPA considered allowing isobutane 

and propane as a refrigerant for use only 

in the original equipment 

manufacturers’ (OEM) specific 

appliances, described in a SNAP 

application. The reason for such a 

limitation is the concern that equipment 

from other manufacturers would not be 

designed with spark-proof engineering 

as prescribed by the submitter, nor 

would the manufacturers be able to 

develop recovery equipment compatible 

with flammable refrigerants. 

Limiting use to SNAP reviewed 

equipment would be time consuming 

and costly for all parties involved. EPA 

would have to consider each refrigerator 

and freezer model for both household 

and retail separately. This would 

increase the burden on industry, with 

little added benefit for health and safety, 

since the engineering of such equipment 

and the requirements needed to meet a 

national safety standard are already 

rigorous. Although there is the potential 

that some OEMs might not develop 

proper equipment, EPA believes that the 

potential liability associated with 

selling equipment not designed to safely 

use these refrigerants should ensure that 

this does not occur. Therefore, EPA 

decided to not propose to limit use to 

equipment reviewed by EPA through 

the SNAP program. 

EPA also considered a specific use 

condition requiring ‘‘spark proof’’ 

circuits in the design of equipment 

using hydrocarbon refrigerants. EPA 

believes it would be unnecessary to 

further require ‘‘spark proof circuits’’ as 

a use condition because UL 250 and UL 

471 already require strict standards, to 

prevent fire or explosion, which must be 

met in order to obtain certification. We 

believe that all OEMs will also take into 

account flammability risks when 

designing the appliance to meet the 

charge size requirement. 

EPA also considered proposing as a 

use condition that recovery equipment 

used to recapture these refrigerants must 

be able to handle flammable 

refrigerants. In accordance with CAA 

Section 608 regulations, refrigerant 

cannot be vented to the atmosphere and 

instead must be recaptured and 

recycled, reclaimed if possible, or 

disposed of in accordance with Federal 

and state regulations. For safety 

concerns, recovery equipment 

appropriate for flammable refrigerants 

will be needed. EPA seeks data on 

whether there currently is an industry 

standard for recovery units for 

flammable refrigerants and whether 

there are available specific recovery 

units that are compatible with 

isobutane, propane, HCR–188C, and 

HCR–188C1. At this time, EPA is 

unaware of any recovery units that are 

designed specifically for hydrocarbons 

and which are readily available in the 

U.S. EPA did not propose that recovery 

equipment used to recapture 

hydrocarbon refrigerants because this is 

better addressed under Section 608. 

Under Section 608 of the CAA, 

venting of hydrocarbons for household 

refrigerators and freezers and retail food 

refrigeration (stand-alone refrigerators 

and freezers) could be allowed if EPA 

determines that such venting, releasing, 

or disposing of such substance does not 

pose a threat to the environment. EPA 

is not proposing such a determination in 

this rule making, but requests comment 

on whether hydrocarbon refrigerants 

should be exempted from the Section 

608 venting prohibition. As appropriate, 

EPA would address these issues in a 

separate 

EPA also considered other approaches 

such as: 

• Requiring only one use condition 

for each refrigerant; to meet the UL 250 

or 471 standards; 

• Finding hydrocarbon refrigerants 

unacceptable until an industry-wide 

standard exists for servicing refrigerator 

using hydrocarbon refrigerant. 

EPA is taking comment on the above 

alternate approaches. 

VIII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action.’’ It raises novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Accordingly, EPA submitted this action 

to the Office of Management and Budget 

(OMB) for review under EO 12866 and 

any changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

proposed rule is an Agency 

determination. It contains no new 

requirements for reporting. The only 

new recordkeeping requirement 

involves customary business practice. 

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 number 2060– 

0226. 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 

and 48 CFR Chapter 15.C. 

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 statute 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. For 

purposes of assessing the impacts of this 

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; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The requirements of this proposed rule 

impact household and commercial 

refrigerator and freezer manufacturers. 

This rule indirectly affects users, 

technician testing organizations, and 

technicians. Today’s action, if finalized, 

would allow users the additional 

options of using isobutane, propane, 

HCR–188C, and HCR–188C1. Because 

isobutane, propane, HCR–188C and 

HCR–188C1 refrigeration systems are 

not manufactured yet, no change in 

business practice would be required to 

meet the use conditions and thus the 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25811 

rule would not impose any new costs on 

small entities if finalized as proposed. 

EPA continues to be interested in the 

potential impacts of the proposed rule 

on small entities and welcomes 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandate Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

State, local, or tribal governments or the 

private sector. This action imposes no 

enforceable duty on any State, local, or 

tribal governments or the private sector. 

The enforceable requirements of this 

proposed rule related to integrating risk 

mitigation devices, markings, and 

procedures for maintaining safety of 

household refrigerators, freezers, and 

combination refrigerator and freezer 

systems using hydrocarbon refrigerants 

affect only a small number of 

manufacturers of household and 

commercial refrigerators, freezers, and 

combination refrigerator and freezers 

and their technicians. This proposal 

provides additional refrigerant options, 

allowing greater flexibility for industry 

in designing consumer products. 

Further, equipment using hydrocarbon 

refrigerants is not yet being produced in 

the U.S. therefore we do not expect 

impacts on existing users. Thus, this 

rule is not subject to the requirements 

of sections 202 and 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

regulation applies directly to facilities 

that use these substances and not to 

governmental entities. The acceptability 

with use conditions of isobutane, 

propane, HCR–188C, and HCR–188C1 

does not impact the private sector 

because manufacturers are not 

producing systems under the current 

regulation. This proposed rule does not 

mandate a switch to these substitutes; 

consequently, there is no direct 

economic impact on entities from this 

rulemaking. 

E. 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, as specified in 

Executive Order 13132. This regulation 

applies directly to facilities that use 

these substances and not to 

governmental entities. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicits comments on 

this proposed action from State and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 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. 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in EO 12866, and 

because the Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. This 

proposed rule provides both regulatory 

restrictions and recommended 

guidelines based upon risk screens 

conducted in order to reduce risk of fire 

and explosion. The public is invited to 

submit comments or identify peerreviewed studies and data that assess 

effects of early life exposure to the 

refrigerants addressed in this action. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, (66 FR 28355 (May 22, 2001)) 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Preliminary information indicates that 

these new systems may be more energy 

efficient than currently available 

systems in some climates. Further, we 

have concluded that this rule is not 

likely to have any adverse energy 

effects. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rule involves technical 

standards. EPA proposes to use the 

Underwriters Laboratory (UL) standards 

250 and 471, which was revised to 

include requirements for safety and 

reliability for flammable refrigerants. 

This proposed rule regulates the safety 

and deployment of new substitutes for 

household and commercial refrigerators 

and freezers. 

EPA welcomes comment 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 increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

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25812 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

12OSHA regulation 29 CFR 1910.110 considers 

ventilation adequate ‘‘when the concentration of the 

gas in a gas-air mixture does not exceed 25 percent 

of the lower flammable limit.’’ 

13OSHA regulation 29 CFR 1910.110 considers 

ventilation adequate ‘‘when the concentration of the 

gas in a gas-air mixture does not exceed 25 percent 

of the lower flammable limit.’’ 

minority or low-income population. 

This proposed rule would provide 

refrigerant substitutes that have no ODP 

and low GWP. The reduction in ODS 

and GWP emissions would assist in 

restoring the stratospheric ozone layer 

and provide climate benefits. 

IX. References 

The documents below are referenced 

in the preamble. All documents are 

located in the Air Docket at the address 

listed in Section I.B.1 at the beginning 

of this document. Unless specified 

otherwise, all documents are available 

electronically through the Federal 

Docket Management System, Docket 

#EPA–HQ–OAR–2009–0286. Numbers 

listed after the reference indicates the 

docket and item numbers. 

ACGIH. 1991. Propane. In: 

Documentation of the threshold limit 

values and biological exposure 

indices. 6th ed. Cincinnati, OH: 

American Conference of 

Governmental Industrial Hygienists, 

pp. 1286–1287. 

ASHRAE. 2007. ‘‘Standard 34–2007 

(Supersedes ANSI/ASHRAE Standard 

34–2004) Designation and Safety 

Classification of Refrigerants.’’ 

Braker W, Mossman AL. 1980. 

Matheson gas data book. 6th ed. 

Secaucus, NJ: Matheson Gas Products, 

pp. 615–623. 

EPA 1994. Significant New Alternatives 

Policy Technical Background 

Document: Risk Screen on the Use of 

Substitutes for Class I OzoneDepleting Substances: Refrigeration 

and Air Conditioning. Stratospheric 

Protection Division. March, 1994. 

ICF, 2009. ICF Consulting. ‘‘Significant 

New Alternatives Policy Program 

Refrigeration and Air Conditioning 

Sector—Risk Screen on Substitutes for 

CFC–12 in Household Refrigerators 

and Household Freezers—Substitute: 

Isobutane’’, May 22, 2009. 

ICF, 2009. ICF Consulting. ‘‘Significant 

New Alternatives Policy Program 

Refrigeration and Air Conditioning 

Sector—Risk Screen on Substitutes for 

CFC–12, HCFC–22 and R502 in Retail 

Food Refrigeration—Substitute: 

Propane’’, May 26, 2009. 

ICF, 2009. ICF Consulting. ‘‘Significant 

New Alternatives Policy Program in 

the Household Refrigeration Sector— 

Risk Screen on Substitutes for CFC–12 

and HCFC–22 in Household 

Refrigerators, Household Freezers and 

Window AC Units—Substitute: HCR– 

188C’’, July 17, 2009. 

ICF, 2009. ICF Consulting. ‘‘Significant 

New Alternatives Policy Program in 

the Household Refrigeration Sector— 

Risk Screen on Substitutes for CFC–12 

and HCFC–22 in Household 

Refrigerators and Freezers– 

Substitute: HCR–188C1’’, November 6, 

2009 

NIOSH. 1996. Propane: IDLH 

Documentation. August 1996. 

Accessed 17 February 2009. Available 

online at: http://www.cdc.gov/niosh/

idlh/74986.html. 

OSHA. 2004. ‘‘Safety and Health Topics: 

Isobutane.’’ February 2004. Available 

online at: http://www.osha.gov/dts/

chemicalsampling/data/CH_

247840.html. 

Sheldon, L.S., et al. 1989. ‘‘An 

Investigation of Infiltration and 

Indoor Air Quality.’’ New York State 

Energy Research & Development 

Authority, Report 90–11. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Dated: April 29, 2010. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 82 is proposed to 

be 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. Subpart G is amended by adding 

Appendix R to read as follows: 

Appendix R to Subpart G—Substitutes 

Subject To Use Restrictions and 

Unacceptable Substitutes 

Listed in the [publication date of final rule] 

final rule. Effective (date of effective date of 

the final rule). 

SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS

End use Substitute Decision Use conditions Further information 

Household refrigerators and freezers 

and combination refrigerators and 

freezers.

Isobutane, R–600a, 

as a substitute for 

CFC–12 and 

HCFC–22.

Acceptable With Use 

Conditions.

1. The quantity of the substitute refrigerant 

(i.e., ‘‘charge size’’) shall not exceed 57 

grams (2.0 ounces) in any refrigerator, 

freezer, or combination refrigerator and 

freezers; 

Technicians and equipment manufactures 

should wear appropriate personal protective equipment, including chemical goggles and protective gloves when handling 

isobutane, HCR–188C, and HCR–188C1. 

Special care should be taken to avoid 

contact with the skin since isobutane, 

HCR–188C, and HCR–188C1 like many 

refrigerants, can cause freeze burns on 

the skin. 

New Only ................... HCR–188C as a substitute for CFC–12 

and HCFC–22.

2. 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); 

• A class B dry powder type fire extinguisher should be kept nearby. 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25813 

SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued 

End use Substitute Decision Use conditions Further information 

HCR–188C1 as a 

substitute for CFC– 

12 and HCFC–22.

3. These refrigerants may be used only in 

refrigerators or freezers or combination refrigerator and freezers that meet all requirements listed in the 10th edition of 

Underwriters Laboratory (UL) Standard 

250. 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; 

• Proper ventilation should be maintained at 

all times during the manufacture of equipment containing hydrocarbon refrigerant 

through adherence to good manufacturing 

practices as per 29 CFR 1910.110.12 If refrigerant levels in the air surrounding the 

equipment rise above one-fourth of the 

lower flammability limit,1 the space should 

be evacuated and re-entry should only 

occur after the space has been properly 

ventilated. 

4. The refrigerator, freezer, or combination 

refrigerator and freezer must have red, 

Pantone Matching System (PMS) #185 

marked pipes, hoses, or other devices 

through which the refrigerant passes to indicate the use of a flammable refrigerant. 

This color must be applied at all service 

ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might 

be expected and must extend a minimum 

of one (1) inch in both directions from 

such locations; 

• Technicians should only use spark proof 

tools when working refrigerators and 

freezers with R–600a, HCR–188C, and 

HCR–188C1. 

• Recovery equipment designed for flammable refrigerants should be used. 

• 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. 

• In production facilities or other facilities 

where large quantities of the refrigerant 

would be stored, proper safety precautions should be in place to minimize 

the risk of explosion. These facilities 

should be equipped with proper ventilation 

systems to minimize the risks of explosion 

and should be properly designed and operated to reduce possible ignition sources. 

Household refrigerators and freezers 

and combination refrigerators and 

freezers.

Isobutane, R–600a, 

as a substitute for 

CFC–12 and 

HCFC–22.

Acceptable With Use 

Conditions.

5. Similar to clauses SA6.1.1 to SA6.1.2 of 

UL standard 250, the following markings, 

or the equivalent, shall be provided and 

shall be permanent: 

• Room occupants should evacuate the 

space immediately following the accidental release of this refrigerant. 

New Only ................... HCR–188C as a substitute for CFC–12 

and HCFC–22.

.................................... (a) ‘‘DANGER—Risk of Fire or Explosion. 

Flammable Refrigerant Used. Do Not Use 

Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ 

(b) ‘‘DANGER—Risk of Fire or Explosion. 

Flammable Refrigerant Used. Do Not Use 

Mechanical Devices. To Be Repaired Only 

By Trained Service Personnel. Do Not 

Puncture Refrigerant Tubing.’’ 

HCR–188C1 as a 

substitute for CFC– 

12 and HCFC–22.

(c) ‘‘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) ‘‘CAUTION—Risk of Fire or Explosion. 

Dispose of Properly In Accordance With 

Federal Or Local Regulations. Flammable 

Refrigerant Used.’’ 

(e) ‘‘CAUTION—Risk of Fire or Explosion 

Due To Puncture Of Refrigerant Tubing; 

Follow Handling Instructions Carefully. 

Flammable Refrigerant Used.’’ 

The marking described in clause (a) above 

shall be provided on or near any evaporators that can be contacted by the consumer. The markings described in clauses 

(b) and (c) above shall be permanently attached near the machine compartment. 

The markings described in clause (d) 

above shall be permanently attached on 

the exterior of the refrigerator. The marking described in clause (e) above shall be 

permanently attached near any and all exposed refrigerant tubing. All of these 

markings shall be in letters no less than 

6.4 mm (1⁄4 inch) high. 

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25814 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued 

End use Substitute Decision Use conditions Further information 

Household refrigerators and freezers 

and combination refrigerators and 

freezers.

Isobutane, R–600a, 

as a substitute for 

CFC–12 and 

HCFC–22.

Acceptable With Use 

Conditions.

6. Household refrigerators, freezers, and 

combination refrigerator and freezers 

using these refrigerants must have service 

aperture fittings that are colored red as 

described above in use condition number 

four and which differ from fittings used in 

equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter must differ by at least 1/ 

16 inch or the thread direction must be reversed (i.e., right handed vs. left handed). 

The unique fittings must be permanently 

affixed to the unit and may not be 

accessed with an adaptor until the end-oflife of the unit; 

New Only ................... HCR–188C as a substitute for CFC–12 

and HCFC–22.

HCR–188C1 as a 

substitute for CFC– 

12 and HCFC–22.

7. These refrigerants may not be sold for 

use as a refrigerant in containers designed to contain less than five pounds 

(2.8 kg) of refrigerant. 

Retail Food Refrigeration (stand-alone 

only).

Propane, R–290, as a 

substitute for CFC– 

12 and HCFC–22.

Acceptable subject to 

use conditions.

1. The charge size for the retail food refrigerator or freezer using R–290 shall not 

exceed 150 grams (5.3 ounces); 

Technicians and equipment manufactures 

should wear appropriate personal protective equipment, including chemical goggles and protective gloves when handling 

isobutane. Special care should be taken 

to avoid contact with the skin since propane, like many refrigerants, can cause 

freeze burns on the skin. 

New Only ................... 2. This refrigerant may be used only in new 

equipment specifically designed and clearly identified for the refrigerant; 

• A class B dry powder type fire extinguisher should be kept nearby. 

3. This substitute may only be used in 

equipment that meets all requirements in 

the 9th edition of UL Standard 471. In 

cases where the final rule includes requirements more stringent than those of 

the 9th edition of UL Standard 471, the 

appliance must meet the requirements of 

the final rule in place of the requirements 

in the UL Standard; 

• Proper ventilation should be maintained at 

all times during the manufacture of equipment containing hydrocarbon refrigerant 

through adherence to good manufacturing 

practices as per 29 CFR 1910.110.13 If refrigerant levels in the air surrounding the 

equipment rise above one-fourth of the 

lower flammability limit,2 the space should 

be evacuated and re-entry should only 

occur after the space has been properly 

ventilated. 

4. The refrigerator or freezer must have red, 

Pantone Matching System (PMS) #185 

marked pipes, hoses, and other devices 

through which the refrigerant passes to indicate the use of a flammable refrigerant. 

This color must be applied at all service 

ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might 

be expected, and must extend a minimum 

of one (1) inch in both directions from 

such locations; 

• Technicians should only use spark proof 

tools when working refrigerators and 

freezers with R–290. 

• Recovery equipment designed for flammable refrigerants should be used. 

• 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. 

• In production facilities or other facilities 

where large quantities of the refrigerant 

would be stored, proper safety precautions should be in place to minimize 

the risk of explosion. These facilities 

should be equipped with proper ventilation 

systems to minimize the risks of explosion 

and should be properly designed and operated to reduce possible ignition sources. 

Retail Food Refrigeration (stand-alone 

only).

Propane, R–290, as a 

substitute for CFC– 

12 and HCFC–22.

Acceptable subject to 

use conditions.

5. Similar to clauses SB6.1.2 to SB6.1.5 of 

UL Standard 471, the following markings, 

or the equivalent, shall be provided and 

shall be permanent: 

• Room occupants should evacuate the 

space immediately following the accidental release of this refrigerant. 

New Only ................... (a) ‘‘DANGER—Risk of Fire or Explosion. 

Flammable Refrigerant Used. Do Not Use 

Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ 

(b) ‘‘DANGER—Risk of Fire or Explosion. 

Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25815 

SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued 

End use Substitute Decision Use conditions Further information 

(c) ‘‘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) ‘‘CAUTION—Risk of Fire or Explosion. 

Dispose of Properly In Accordance With 

Federal Or Local Regulations. Flammable 

Refrigerant Used.’’ 

(e) ‘‘CAUTION—Risk of Fire or Explosion 

Due To Puncture Of Refrigerant Tubing; 

Follow Handling Instructions Carefully. 

Flammable Refrigerant Used.’’ This marking shall be provided near all exposed refrigerant tubing. 

The marking described in clause (a) above 

shall be permanently attached on or near 

any evaporators that can be contacted by 

the consumer. The markings described in 

clauses (b) and (c) above shall be located 

near the machine compartment. The 

marking described in clause (d) above 

shall be permanently attached on the exterior of the refrigerator. The marking described in clause (e) above shall be permanently attached near any and all exposed refrigerant tubing. All of these 

markings shall be in letters no less than 

6.4 mm (1⁄4 inch) high. 

Retail Food Refrigeration (stand-alone 

only) New Only.

Propane, R–290, as a 

substitute for CFC– 

12 and HCFC–22.

Acceptable subject to 

use conditions.

7. Retail food refrigeration using R–290 

must have fittings colored red as described above in use condition number 

four and which differ from fittings used in 

equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter must differ by at least 

1⁄16 inch or the thread direction must be 

reversed (i.e., right handed vs. left handed). The unique fittings must be permanently affixed to the unit, and may not be 

accessed with an adaptor, until the endof-life of the unit; 

8. R–290 may not be sold as a refrigerant in 

containers containing less than five 

pounds (2.8 kg) of refrigerant. 

Note: In accordance with the limitations provided in Section 310(a) of the Clean Air Act (42 U.S.C. 7610(a)), nothing in this table shall affect the Occupational Safety and Health Administrations’ authority to promulgate and enforce standards and other requirements under the Occupational Safety and Health Act of 1970 (29 

U.S.C. 651 et seq.) 

[FR Doc. 2010–10959 Filed 5–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 26 

[Docket No. OST–2010–0118] 

RIN 2105–AD75 

Disadvantaged Business Enterprise: 

Program Improvements 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This notice of proposed 

rulemaking (NPRM) would propose to 

improve the administration of the 

Disadvantaged Business Enterprise 

(DBE) program by increasing 

accountability for recipients with 

respect to good faith efforts to meet 

overall goals, modifying and updating 

certification requirements, adjusting the 

personal net worth (PNW) threshold for 

inflation, providing for expedited 

interstate certification, adding 

provisions to foster small business 

participation and improve post-award 

oversight, and addressing other issues. 

DATES: Comments on this proposed rule 

must be received by July 9, 2010. 

ADDRESSES: You may submit comments 

(identified by the agency name and DOT 

Docket ID Number OST–2010–0118) by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251 

Instructions: You must include the 

agency name (Office of the Secretary, 

DOT) and Docket number (OST–2010– 

0118) for this notice at the beginning of 

your comments. You should submit two 

copies of your comments if you submit 

them by mail or courier. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov including any 

personal information provided and will 

be available to internet users. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

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