17344 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: ozone. 

* * * * * 

(x) Determination of attainment. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

■ 5. Section 52.1082 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(d) Based upon EPA’s review of the 

air quality data for the 3-year period 

2008 to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

Subpart FF—New Jersey 

■ 6. Section 52.1576 is added to read as 

follows: 

§ 52.1576 Determinations of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2008 

to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

■ 7. Section 52.1582 is amended by 

adding paragraph (n) to read as follows: 

§ 52.1582 Control strategy and 

regulations: Ozone. 

* * * * * 

(n) Attainment determination. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

Subpart NN—Pennsylvania 

■ 8. Section 52.2037 is amended by 

adding paragraph (r) to read as follows: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(r) Determination of attainment. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

■ 9. Section 52.2056 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2056 Determinations of attainment. 

* * * * * 

(f) Based upon EPA’s review of the air 

quality data for the 3-year period 2008 

to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

[FR Doc. 2012–7196 Filed 3–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2011–0776; FRL–9651–3] 

RIN–2060–AR20 

Protection of Stratospheric Ozone: 

Amendment to HFO-1234yf SNAP Rule 

for Motor Vehicle Air Conditioning 

Sector 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is taking direct 

final action to revise one of the use 

conditions required for use of 

hydrofluoroolefin (HFO)-1234yf 

(2,3,3,3-tetrafluoroprop-1-ene), a 

substitute for ozone-depleting 

substances (ODSs) in the motor vehicle 

air conditioning end-use within the 

refrigeration and air conditioning sector, 

to be acceptable subject to use 

conditions under EPA’s Significant New 

Alternatives Policy (SNAP) program. 

The revised use condition incorporates 

by reference a revised standard from 

SAE International. 

DATES: This rule is effective on May 21, 

2012 without further notice, unless EPA 

receives adverse comment or receives a 

request for a public hearing by April 23, 

2012. If we receive adverse comment or 

a request for a public hearing, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that all or part of this rule will not take 

effect. The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of May 21, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA- HQ– 

OAR- 2011–0776 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Comments may be sent by 

electronic mail (email) to a-and-rVerDate Mar<15>2010 17:40 Mar 23, 2012 Jkt 226001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\26MRR1.SGM 26MRR1

sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17345 

docket@epa.gov, Attention EPA–HQ– 

OAR–2011–0776. 

• Mail: OAR Docket and Information 

Center, U.S. Environmental Protection 

Agency, Mailcode 6102T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. To expedite review, a second 

copy of the comments should be sent to 

Margaret Sheppard at the address listed 

below under FOR FURTHER INFORMATION

CONTACT. 

• Hand Delivery: Air and Radiation 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20004. 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–2011– 

0776. EPA’s policy is that all comments 

received 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 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 www.regulations.gov 

or email. The www.regulations.gov Web 

site 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 

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 information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically through 

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. 

EPA has established a public docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2011–0776. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

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: 

Margaret Sheppard, Stratospheric 

Protection Division, Office of 

Atmospheric Programs; Environmental 

Protection Agency, Mail Code 6205J, 

1200 Pennsylvania Avenue NW., 

Washington DC 20460; telephone 

number (202) 343–9163, fax number, 

(202) 343–2338; email address at 

sheppard.margaret@epa.gov. The 

published versions of notices and 

rulemakings under the SNAP program 

are available on EPA’s Stratospheric 

Ozone Web site at http://www.epa.gov/ 

ozone/snap/regs. The full list of SNAP 

decisions in all industrial sectors is 

available at http://www.epa.gov/ozone/ 

snap. 

SUPPLEMENTARY INFORMATION: EPA is 

publishing this rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. We are revising an 

existing use condition for 

hydrofluoroolefin (HFO)-1234yf 

(2,3,3,3-tetrafluoroprop-1-ene) in motor 

vehicle air conditioning (MVAC) by 

incorporating by reference an updated 

edition of a standard from SAE 

International and clarifying the scope of 

the use condition. EPA previously listed 

HFO-1234yf as acceptable, subject to 

use conditions, for use in MVAC 

systems in new passenger cars and lightduty trucks (March 29, 2011; 76 FR 

17488). This action does not place any 

significant burden on the regulated 

community and ensures consistency 

with standard industry practices. 

In the ‘‘Proposed Rules’’ section of 

today’s Federal Register, we are 

publishing a separate document that 

will serve as the proposed rule to revise 

a use condition for HFO-1234yf in 

MVAC to incorporate by reference an 

updated standard and clarify the scope 

of the use condition, if adverse 

comments are received or a public 

hearing is requested on this direct final 

rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. If EPA receives adverse 

comment or a request for a public 

hearing, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final rule will not take effect. We would 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

You may claim that information in 

your comments is confidential business 

information (CBI), as allowed by 40 CFR 

Part 2. If you submit comments and 

include information that you claim as 

CBI, we request that you submit them 

directly to Margaret Sheppard at the 

address under FOR FURTHER INFORMATION

CONTACT in two versions: One clearly 

marked ‘‘Public’’ to be filed in the 

Public Docket, and the other marked 

‘‘Confidential’’ to be reviewed by 

authorized government personnel only. 

This information will remain 

confidential unless EPA determines, in 

accordance with 40 CFR part 2, subpart 

B, that the information is not subject to 

protection as CBI. 

Table of Contents 

I. Does this action apply to me? 

II. How and why is EPA revising a use 

condition for HFO-1234yf in MVAC? 

A. Revised Standard SAE J2844 

B. Clarification of Scope of Requirement 

for Unique Fittings on Refrigerant 

Containers 

III. How does the SNAP program work? 

A. What are the statutory requirements and 

authority for the SNAP program? 

B. What are EPA’s regulations 

implementing section 612? 


sroberts on DSK5SPTVN1PROD with RULES
17346 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

1Formerly, the Society of Automotive Engineers. 

2Consistent with Subpart B to 40 CFR Part 82, 

professional servicing involves being paid to 

perform service, whether it is for cash, credit, goods 

or services. 

C. How do the regulations for the SNAP 

program work? 

D. Where can I get additional information 

about the SNAP program? 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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 

Risks 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 

K. Congressional Review Act 

I. Does this action apply to me? 

This final rule regulates the use of the 

chemical HFO-1234yf (2,3,3,3- 

tetrafluoroprop-1-ene, Chemical 

Abstracts Service Registry Number [CAS 

Reg. No.] 754–12–1) as a refrigerant in 

new motor vehicle air conditioning 

(MVAC) systems in new passenger cars 

and light-duty trucks. Businesses in this 

end-use that might want to use HFO1234yf in new MVAC systems in the 

future include: 

• Automobile manufacturers 

• Automobile repair shops 

Regulated entities may include: 

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

Category NAICS 

code Description of regulated entities 

Industry ........................................................................................................................................... 336111 Automobile Manufacturing. 

Services .......................................................................................................................................... 811111 General Automotive Repair. 

This table is not intended to be 

exhaustive, but rather a guide regarding 

entities likely to be regulated by this 

action. If you have any questions about 

whether this action applies to a 

particular entity, consult the person 

listed in the preceding section, FOR

FURTHER INFORMATION CONTACT. 

II. How and why is EPA revising a use 

condition for HFO-1234yf in MVAC? 

EPA’s Significant New Alternatives 

Policy (SNAP) program has a longstanding approach of requiring unique 

fittings for use with each refrigerant 

substitute for CFC-12 in MVAC systems. 

This is intended to prevent crosscontamination of different refrigerants, 

preserve the purity of recycled 

refrigerants, and ultimately to avoid 

venting of refrigerant. In the 1996 SNAP 

rule requiring the use of fittings on all 

refrigerants submitted for the use in 

MVAC systems, EPA urged industry to 

develop mechanisms to ensure that the 

refrigerant venting prohibition under 

Clean Air Act (CAA) Section 608 and 40 

CFR 82.154 is observed (61 FR 54032; 

October 16, 1996). EPA has issued 

multiple rules codified in the Code of 

Federal Regulations (CFR) requiring the 

use of fittings unique to a refrigerant for 

use on ‘‘containers of the refrigerant, on 

can taps, on recovery, recycling, and 

charging equipment, and on all [motor 

vehicle] air conditioning system service 

ports.’’ (See, e.g., appendices C and D to 

subpart G of 40 CFR part 82) 

On March 29, 2011, EPA listed HFO1234yf as acceptable, subject to use 

conditions, for use in MVAC systems in 

new passenger cars and light-duty 

trucks (76 FR 17488). The use 

conditions contain two requirements for 

unique fittings to be used with the 

refrigerant containers for HFO-1234yf. 

First, the rule requires the use of the 

unique fittings, specified in SAE 

International 1 (herein after, SAE) 

standard J639 (February 2011 edition), 

for use on the MVAC high-side and lowside service ports. Second, the rule 

requires use of fittings consistent with 

SAE J2844 (February 2011 edition) for 

connections with refrigerant containers 

of 20 lbs (9L) or greater. The March 2011 

final rule does not allow for use of HFO1234yf with small can taps because the 

refrigerant manufacturer had not 

submitted such fittings for EPA’s review 

and no industry standards address 

fittings appropriate for use with small 

cans or containers of refrigerant (i.e., 

less than 5 lbs). (76 FR 17494–17495) 

In this direct final rule, we are 

revising the requirement for the unique 

fitting (also known as a connection or 

coupler) to be used with large 

refrigerant containers. The new 

requirement is that containers of HFO1234yf for use in professional servicing 2

of MVAC systems must be used with 

fittings consistent with SAE J2844 

(October 2011 edition). The fitting 

provided in the October 2011 edition of 

SAE J2844 is a left-handed screw valve 

with a diameter of 0.5 inches and Acme 

(trapezoidal) thread with 16 threads per 

inch. We are clarifying that this unique 

fitting requirement applies only to 

containers of HFO-1234yf for 

professional servicing of MVAC systems 

and does not apply to containers for 

industrial transfers, e.g., within a 

chemical manufacturing company or for 

delivery to automobile manufacturers, 

which use containers larger than 50 lbs 

or 23 L. 

EPA recognizes that the fitting in the 

October 2011 edition of SAE J2844 is 

not ‘‘unique’’ in its direction and 

diameter, as per the criteria for 

uniqueness mentioned in appendix H to 

subpart G of 40 CFR part 82. However, 

the Acme thread has a trapezoidal shape 

that makes it impossible to crossconnect this fitting with others already 

identified with the same thread 

direction and diameter which use 

different shaped thread. Therefore, we 

find this fitting to be unique, and we are 

allowing its use on refrigerant 

containers of HFO-1234yf used for 

professional servicing. 

A. Revised Standard SAE J2844 

SAE International first established the 

standard SAE J2844, ‘‘R-1234yf (HFO1234yf) New Refrigerant Purity and 

Container Requirements for Use in 

Mobile Air-Conditioning Systems’’ in 

February 2011. Shortly thereafter, the 

committee responsible for this standard 

decided that revisions to the standard 

were appropriate (June 13, 2011 Letter 

from K. Horen, Honeywell). In 

particular, the committee decided that 

the original ‘‘quick-connect’’ type fitting 

addressed in the February 2011 edition 

of SAE J2844 for refrigerant containers 

for servicing should be replaced by a 

screw-type valve. Quick-connect fittings 

are more likely to become dislodged and 

to release refrigerant without warning to 

the service technician. In contrast, if a 

screw-type valve is not properly 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17347 

connected and is releasing refrigerant, 

there is an audible hiss of released 

refrigerant that may give warning to a 

service technician. SAE revised the 

J2844 standard in October 2011 to 

specify a different, screw-type valve 

fitting for refrigerant containers to be 

used for MVAC servicing. 

We believe that incorporating the 

revised industry standard is consistent 

with the Clean Air Act and, as described 

above, we believe that the fitting in the 

revised industry standard is unique 

even though it does not meet all of the 

criteria specified in appendix H to 

subpart G of 40 CFR part 82. Further, 

the new fittings adopted in the revised 

standard may have an environmental 

benefit by reducing the chance that an 

entire container of refrigerant could leak 

without detection. Therefore, we are 

revising the use condition to reference 

the October 2011 edition of the SAE 

J2844 standard for purposes of the 

fittings for large containers of HFO1234yf for use in professional servicing. 

B. Clarification of Scope of Requirement 

for Unique Fittings on Refrigerant 

Containers 

During implementation of the March 

2011 final rule, manufacturers of the 

refrigerant HFO-1234yf contacted EPA, 

asking for clarification of the fitting 

requirement for refrigerant containers. 

One manufacturer stated, based on its 

understanding, that this requirement 

was for containers for ‘‘professional 

service or service for consideration’’ and 

asked for clarification of this point (June 

22, 2011 Letter from S. Bernhardt, 

Honeywell). Further, the manufacturer 

stated that, for cylinders greater than 50 

lbs, it planned to use a specific fitting 

approved by the Cylinder Gas 

Association (CGA 670 fitting), and for 

cylinders greater than 450 lbs, industrial 

fittings would be used (June 13, 2011 

Letter from K. Horen, Honeywell). 

Manufacturers expressed concerns that 

the quick-connect fitting in SAE 

standard J2844 (February 2011 edition) 

incorporated by reference in the final 

rule was not robust enough to use with 

large refrigerant containers, particularly 

containers used for industrial transfer or 

for bulk packing sent to automobile 

manufacturers for initial filling of 

MVAC systems. 

In this direct final rule, we clarify that 

the requirement for the unique fittings 

on refrigerant containers of HFO-1234yf 

applies to containers for use for 

professional servicing. In the ‘‘Further 

Information’’ column of our decision, 

we state that, for HFO-1234yf, 

refrigerant containers for use in 

professional servicing are from 5 lbs to 

50 lbs in size. Based on information 

from the refrigerant manufacturer, 

containers larger than 50 lbs would not 

be intended for use in professional 

servicing (June 13, 2011 Letter from K. 

Horen, Honeywell). We expect that 

refrigerant containers for HFO-1234yf 

larger than 50 lbs, with a volume larger 

than 23 liters, are used for transport and 

industrial transfer of refrigerant, rather 

than for servicing. Under section 4.1.1.2 

of SAE J2844 (October 2011 edition), 

such cylinders are required to ‘‘comply 

with the fitting requirements specified 

by applicable transportation rules and 

laws.’’ 

EPA’s concerns at the time it first 

established the requirement for unique 

fittings for MVAC substitutes were (1) 

the potential for cross-contamination of 

refrigerant due to mixing and (2) the 

need for purity of recycled refrigerant 

(61 FR 54033). We are also concerned 

about unintended incentives for 

intentional venting because 

contaminated refrigerant would no 

longer be of economic value and 

because separation or destruction of 

cross-contaminated refrigerant costs 

more than venting. These are concerns 

that primarily are implicated during 

servicing of the MVAC system. It is far 

more likely that a technician might 

intentionally or unintentionally try to 

charge equipment with a different 

refrigerant during servicing of an MVAC 

system than that someone would 

transfer a refrigerant to a very large 

container (i.e., larger than 50 lbs) 

containing a different refrigerant. Thus, 

we clarify that the requirement for a 

unique fitting for containers of HFO1234yf applies to containers to be used 

for professional servicing (sizes of 5 to 

50 lbs). 

Finally, we note that our final rule 

listing HFO-1234yf as acceptable subject 

to use conditions did not apply to small 

containers. The refrigerant manufacturer 

would need to submit a unique fitting 

specifically for use with small can taps 

and small refrigerant containers before 

EPA could determine whether to find 

use of such small containers acceptable 

under SNAP. In addition, such 

containers could not be sold until a 

significant new use notice is submitted 

to EPA, consistent with EPA’s final 

significant new use rule for HFO-1234yf 

under the Toxic Substances Control Act 

(October 27, 2010; 75 FR 65987). 

III. How does the SNAP program work? 

A. What are the statutory requirements 

and authority for the SNAP program? 

CAA Section 612 requires EPA to 

develop a program for evaluating 

alternatives to ozone-depleting 

substances (ODS). EPA refers to this 

program as the 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 substance (i.e., 

chlorofluorocarbon, halon, carbon 

tetrachloride, methyl chloroform, 

methyl bromide, and 

hydrobromofluorocarbon) or class II 

substance (i.e., 

hydrochlorofluorocarbon) 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 

substitutes that are ‘‘unacceptable,’’ 

‘‘acceptable subject to use conditions,’’ 

and ‘‘acceptable subject to narrowed use 

limits’’ are in subpart G of 40 CFR part 

82. 

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 

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 


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17348 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

3As 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. 

4As defined at 40 CFR 82.172, ‘‘end-use’’ means 

processes or classes of specific applications within 

major industrial sectors where a substitute is used 

to replace an ODS. 

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 

(subpart G of 40 CFR part 82). These 

sectors—refrigeration and air 

conditioning; foam blowing; cleaning 

solvents; fire suppression and explosion 

protection; sterilants; aerosols; 

adhesives, coatings and inks; and 

tobacco expansion—are the principal 

industrial sectors that historically 

consumed the largest volumes of ODS. 

CAA Section 612 requires EPA to 

ensure that substitutes found acceptable 

do not present a significantly greater 

risk to human health and the 

environment than 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 to replace a class I substance 

or class II substance in one of the eight 

major industrial use sectors must 

provide notice to the Agency, including 

health and safety information 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 persons 

planning to introduce the substitute into 

interstate commerce,3 which typically 

are chemical manufacturers, but may 

also include importers, formulators, 

equipment manufacturers, or endusers.4 The regulations identify certain 

narrow exemptions from the notification 

requirement, such as research and 

development and test marketing (40 

CFR 82.176(b)(4) and (5), respectively). 

The Agency has identified four 

possible decision categories for 

substitutes that are submitted for 

evaluation: acceptable; acceptable 

subject to use conditions; acceptable 

subject to narrowed use limits; and 

unacceptable (40 CFR 82.180(b)). Use 

conditions and narrowed use limits are 

both considered ‘‘use restrictions’’ and 

are explained in the paragraphs 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. 

After reviewing a substitute, the 

Agency may determine 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 EPA’s SNAP regulations. 

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. 

EPA describes these substitutes as 

‘‘acceptable subject to narrowed use 

limits.’’ The Agency requires the user of 

a narrowed-use substitute to 

demonstrate that no other acceptable 

substitutes are available for the specific 

application by conducting 

comprehensive studies. 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 is using the 

substitute in an unacceptable manner 

and is in violation of Section 612 of the 

CAA and EPA’s SNAP regulations. 

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 provide the public with an 

opportunity to comment, before 

publishing final decisions. 

In contrast, EPA publishes decisions 

concerning substitutes that are deemed 

acceptable with no restrictions in 

‘‘notices of acceptability,’’ rather than as 

proposed and final rules. As described 

in the March 18, 1994, rule initially 

implementing the SNAP program, 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 (59 FR 13047). 

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 (e.g., worker 

protection regulations promulgated by 

the Occupational Safety and Health 

Administration (OSHA)). 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 

already been identified in existing 

industry and/or building codes or 

standards. Thus many of the statements, 

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: 

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 is found at: http:// 

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

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 


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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17349 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. It 

contains no new requirements for 

reporting. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations in subpart G of 40 

CFR part 82 under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control numbers 2060–0226 (EPA ICR 

No. 1596.08). This Information 

Collection Request (ICR) included five 

types of respondent reporting and 

recordkeeping activities pursuant to 

SNAP regulations: submission of a 

SNAP petition, filing a SNAP/TSCA 

Addendum, notification for test 

marketing activity, recordkeeping for 

substitutes acceptable subject to use 

restrictions, and recordkeeping for small 

volume uses. The OMB control numbers 

for EPA’s regulations are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statutes unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; for NAICS code 336111 

(Automobile manufacturing), a small 

business has <1000 employees; for 

NAICS code 336391 (Motor Vehicle AirConditioning Manufacturing), a small 

business has <750 employees; and for 

NAICS code 811111 (General 

Automotive Repair), a small business 

has annual receipts of less than $7.0 

million (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 today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The small entities directly regulated by 

this final rule are small businesses 

involved in automotive repair. This 

final rule will not impose any 

requirements on small entities beyond 

current industry practices. Today’s 

action effectively ensures consistency 

with current industry practices, whereas 

without these revisions, small 

businesses would need to reconcile 

differences between EPA regulations 

and industry standards. 

It is not clear that there would be any 

cost differential between these new 

unique fittings, those used with the 

current automotive refrigerant, HFC134a, or other fittings that the 

automotive industry could adopt 

instead. It is possible that the fittings 

required in the revised use condition 

will be less expensive than those 

required in the March 29, 2011 final 

rule because they are a standard shape 

and size easily produced in a metalworking shop. Thus, cost impacts of this 

final rule on small entities are expected 

to be small. This final rule is expected 

to relieve burden for some small 

entities, such as automotive repair 

shops, by avoiding confusion over 

which fittings to use and by using a 

more robust fitting that allows quick 

detection of any leaks from the valve. 

Although this final rule will not have 

a significant economic impact on a 

substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. 

EPA has worked together with SAE 

International and with groups 

representing professional service 

technicians such as the Mobile Air 

Conditioning Society Worldwide, which 

conducts regular outreach with 

technicians and owners of small 

businesses such as retail refrigerant 

suppliers and automobile repair shops. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

This final rule will not impose any 

requirements beyond current industry 

practices, and thus, compliance costs 

are expected to be small. Thus, this rule 

is not subject to the requirements of 

sections 202 or 205 of UMRA. 

This rule 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. The 

requirements of this rule apply to the 

servicing of motor vehicle air 

conditioning systems. The requirements 

of this rule for unique fittings are 

expected to be comparable in cost to 

those of current fittings. Requirements 

would be the same as those imposed on 

any other entity performing servicing on 

motor vehicle air conditioning systems. 

E. Executive Order 13132: Federalism 

This final rule 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 rule. 

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 does not significantly or 

uniquely affect the communities of 

Indian tribal governments, because this 

regulation applies directly to facilities 

that use these substances and not to 

governmental entities. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to EO 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 

action only concerns allowing use of a 

specific fitting that may reduce 

technician’s exposure in the course of 

professional servicing of MVAC 

systems. Therefore, we did not conduct 

further health or risk assessments 

beyond those in the original rulemaking 

(March 29, 2011; 76 FR 17488). 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 


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17350 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

regulatory action under Executive Order 

12866. 

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, Section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in 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 rulemaking involves technical 

standards. EPA has decided to use SAE 

International’s SAE J2844 standard, ‘‘R1234yf (HFO-1234yf) New Refrigerant 

Purity and Container Requirements for 

Use in Mobile Air-Conditioning 

Systems’’. This standard can be 

obtained from http://www.sae.org/ 

technical/standards/. This standard 

addresses, among other things, 

appropriate fittings and other 

requirements for refrigerant containers 

for use in professional servicing of 

MVAC systems using the alternative 

refrigerant HFO-1234yf. 

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 final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This final rule requires 

specific use conditions for unique 

fittings for use with refrigerant 

containers for professional servicing of 

MVAC systems, for those servicing 

MVAC systems using this low GWP 

refrigerant alternative. It does not 

directly affect the amount of exposure to 

or emissions of HFO-1234yf expected. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective May 21, 2012. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Stratospheric ozone layer. 

Dated: March 15, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 82 is amended as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for Part 82 

continues to read as follows: 

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

7671q. 

Subpart G—Significant New 

Alternatives Policy Program 

■ 2. Appendix B to subpart G of part 82 

is amended by revising the entry for the 

substitute HFO–1234yf and by revising 

a note at the end of the first table to read 

as follows: 


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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17351 

Appendix B to Subpart G of Part 82— 

Substitutes Subject to Use 

Restrictions and Unacceptable 

Substitutes 

REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS

Application Substitute Decision Conditions Comments 

*******

CFC-12 Automobile 

Motor Vehicle Air 

Conditioning 

(New equipment 

in passenger cars 

and light-duty 

trucks only).

HFO-1234yf as a 

substitute for 

CFC-12.

Acceptable subject 

to use conditions.

Manufacturers must adhere to all of 

the safety requirements listed in the 

Society of Automotive Engineers 

(SAE) Standard J639 (adopted 

2011), including requirements for: 

unique fittings, flammable refrigerant warning label, high-pressure 

compressor cutoff switch and pressure relief devices. For connections 

with refrigerant containers for use in 

professional servicing (that is, service for consideration, consistent with 

subpart B to 40 CFR part 82), use 

fittings consistent with SAE J2844 

(revised October 2011).

Additional training for service technicians recommended. 

Observe requirements of Significant 

New Use Rule at 40 CFR 

721.10182. 

HFO-1234yf is also known as 2,3,3,3- 

tetrafluoro-prop-1-ene (CAS No 

754–12–1). 

Refrigerant containers of HFO-1234yf 

for use in professional servicing are 

from 5 lbs (2.3 L) to 50 lbs (23 L) in 

size. 

Requirements for handling, storage, 

and transportation of compressed 

gases apply to this refrigerant, such 

as regulations of the Occupational 

Safety and Health Administration at 

29 CFR 1910.101 and the Department of Transportation’s requirements at 49 CFR 171–179. 

Manufacturers must conduct Failure 

Mode and Effect Analysis (FMEA) 

as provided in SAE J1739 (adopted 

2009). Manufacturers must keep 

the FMEA on file for at least three 

years from the date of creation.

Requirements for handling, storage, 

and transportation of compressed 

gases apply to this refrigerant, such 

as regulations of the Occupational 

Safety and Health Administration at 

29 CFR 1910.101 and the Department of Transportation’s requirements at 49 CFR 171–179. 

* * * * * * * 

Note: The use conditions in this appendix contain references to certain standards from SAE International. The standards are incorporated by 

reference and the referenced sections are made part of the regulations in part 82: 

1. SAE J639. Safety Standards for Motor Vehicle Refrigerant Vapor Compression Systems. Revised February 2011. SAE International. 

2. SAE J1739 JAN2009. Potential Failure Mode and Effects Analysis in Design (Design FMEA), Potential Failure Mode and Effects Analysis in 

Manufacturing and Assembly Processes (Process FMEA). Revised January 2009. SAE International. 

3. SAE J2844 OCT2011. R–1234yf (HFO–1234yf) New Refrigerant Purity and Container Requirements for Use in Mobile Air-Conditioning Systems. Revised October 2011. SAE International. 

The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 

obtain a copy from SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096–0001 USA; email: CustomerService@sae.org; 

Telephone: 1–877–606–7323 (U.S. and Canada only) or 1–724–776–4970 (outside the U.S. and Canada); Internet address: http://store.sae.org/

dlabout.htm. You may inspect a copy at U.S. EPA’s Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC 

or at the National Archives and Records Administration (NARA). For questions regarding access to these standards, the telephone number of 

EPA’s Air Docket is 202–566–1742. For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.

gov/federal_register/code_of_federal_regulations/ibr_ locations.html. 

* * * * * 

[FR Doc. 2012–6916 Filed 3–22–12; 4:15 pm] 

BILLING CODE 6560–50–P 


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