## MEMORANDUM

To: Margaret Sheppard, U.S. EPA
Cc: Rebecca von dem Hagen , Luke Hall

- Jordan, and Bella Maranion, U.S. EPA
From: Sabrina Andrews, Kasey Knoell , Becky Ferenchiak, and Mark Wagner , ICF International

Date: January 12, 2015
Re: Potential Impacts of Hydrocarbon Refrigerants during Recycling and Disposal of Appliances

(EPA Contract Number EP

- W

- 10

- 031 , Task Order 405 , Task 1 )

This memorandum presents an assessment of the potential impacts of hydrocarbon refrigerants during the recycling and disposal of appliances. It is prepared in response to a public comment on EPA’s proposed rule, Protection of Stratospheric Ozone: Listing of Substitutes fo r Refrigeration and Air Conditioning and Revision of the Venting Prohibition for Certain Refrigeration Substitutes ( EPA

- HQ

- OAR

2013

- 0748 ) from the Institute of Scrap Recycling Industries (ISRI) which commented that EPA did not adequately consider the potential impacts of the proposed rule on the recycling industry

.

P lease contact Mark Wagner at 202

- 862

- 1155 ( mark.wagner@icfi.com ) with any questions or
comments.1



## 1 Background/Overview of Appliance Recycling and Disposal

Section 608(c)(2) of the Clean Air Act (CAA) prohibits knowingly venting or otherwise knowingly releasing or disposing of any refrigerant substitute for class I or class II substances by any person during maintaining , servicing, repairing, or disposing of appliances or industrial process refrigerati on equipment

. EPA’s rule, Protection of Stratospheric Ozone: Listing of Substitutes for Refrigeration and Air Conditioning and Revision of the Venting Prohibition for Certain Refrigeration Substitutes ( EPA

- HQ

- OAR

2013

- 0748 ), exempt s four hyd rocarbon refrigerants from the venting prohibition for the following end

uses : 1

 Propane (R

- 290)

o Residential and light commercial AC and heat pumps

o Vending machines

o H ousehold refrigerators, freezers, and combination refrigerators and freezers

 Isobutane (R

- 600a)

o Ret ail food refrigeration (stand

- alone units only )

o Vending machines

 R

- 441A

o Residential and light commercial AC and heat pumps

o Retail food refrigeration (stand

- alone units only)

o Vending machines

 Ethane (R

- 170)

o Very low temperature refrigeration

o Non

- mechanical heat transfer equipment (e.g., thermosiphons)
EPA determined that for the purposes of CAA section 608(c)(2), the venting, release , or disposal of such hydrocarbon refrigerant substitutes in the specified end

- uses does not pose a threat to the environment, considering both the inherent characteristics of these substances and the limited quantities used in the relevant applications. EPA additionally concluded that other authorities, controls and practices that apply to such refrigerants (including those esta blished by OSHA and NIOSH guideline s , various standards, and state and local building codes) help to mitigate environmental risk from the release of those four hydrocarbon refrigerant substitutes. For example, OSHA Standard 1910.32 designates appropriate p ersonal protective equipment (PPE) for workers to minimize exposure to any releases, state and local air quality agencies may include VOC emissions reduction strategies in state implementation plans developed to meet and maintain the NAAQS that would apply to hydrocarbon refrigerants ; and UL Standards for flammable refrigerants (e.g., UL 250 Supplement SA, UL 471 Supplement SB) provide charge size restrictions for hydrocarbons in refrigeration equipment.

1 On May 23, 2014 at 79 FR 29682, EPA revised the venting prohibition for refrigerant substitutes to exempt three hydrocarbon refrigerant substitutes listed as acceptable subject to use conditions in the specified end

- uses under the SNAP Program: isobutane (R

– 600a) and R

– 441A, which were listed as acceptable, subject to use conditions, as refrigerant substitutes in household refrigerators, freezers, and combination refrigerators and freezers, and propane (R

– 290), which was listed as acceptable, subject to us e conditions, as a refrigerant substitute in retail food refrigerators and freezers (stand

- alone units only )

.2

Furthermore, the use restrictions imposed on the h ydrocarbon refrigerants are intended to allow for the use of these flammable refrigerants in a manner that will ensure they do not pose a greater risk to human health or the environment than other substitutes that are currently or potentially available. Th ese restrictions include conditions consistent with industry standards, limits on charge size, and requirements for warnings and markings on equipment (e.g., labeling, color coding) to inform consumers and technicians of potential flammability hazards.
During the public comment period for this proposed rulemaking, EPA received a submission from the Institute of Scrap Recycling Industries (ISRI) which commented that “EPA did not adequately consider potential impacts of this Proposed Rule on the recycling industry” ( ISRI 2014 )

. In addition, ISRI expressed concerns that, as 40 CFR 82 Subpart F gives recyclers the regulatory responsibility to properly extract (and recycle, if applicable) refrigerant from equipment prior to further processing, recyclers will b e responsible for removing these flammable refrigerants from appliances, which would add additional risk to the recyclers (ISRI 2014)

. The remainder of this memorandum assesses the safety risks for the recycling and disposal industry associated with flamm able refrigerants through a review of the disposal polic i es and identified best practices for other regions where hydrocarbon refrigerants are more widely used: European Union, Australia, and Japan. I n addition, this memorandum reviews the potential safety risks associated with disposing of appliances containing hydrocarbon ref rigerants to a landfill without removing the refrigerant prior to landfilling (i.e., no prior venting or recovery).



## 2 Assessment of Safety Risks Associated with Flammable Refrigerants on the Recycling Industry

In order to assess the safety risks associated with flammable refrigerants to workers in the recycling industry in the United States , a review of current practices for recycling and disposal of appliances containing hydrocarbon r efrigerants and a review of risks associated with releases was undertaken for locales with substantial experience working with hydrocarbon

- based equipment.



### 2.1 Current Practices for Recycling and Disposal of Appliances Containing Hydrocarbon Refrigerants Hydrocarbon refrigerant use in the United States is currently limited , but expanding

. As such there are some procedures in place in the U

. S

. , but the development of further requirements can be informed by looking to how these refrigerants are handled in ot her countries w h ere hydroca rbon refrigerants are used widely . After presenting available information on U.S. regulations and procedures for hydrocarbon refrigerants, best practices for safe disposal and recovery of hydrocarbon refrigerants based on p ublic ally available information from regions/countries that already use appliances with hydrocarbon refrigerants were reviewed, including the European Union (EU), Australia, and Japan.

2.1.1 United States Hyd rocarbon refrigerants have been SNAP

- listed in appliances s tarting i n 2012, with isobutane and R

441A in household refrigerators and freezers and propane in retail food refrigeration (stand

- alone units only), with charge size restrictions of 57 grams and 150 grams, respectively . Since the date of SNAP listing, hyd rocarbons have slowly begun entering the U.S. market in these end

- uses. The SNAP approval3

of four hydrocarbon refrigerants in six end

- uses in this final rule, coupled with restrictions proposed on certain HFC refrigerants in the SNAP S tatus C hange R ule, is anticipated to increase the penetration of hydrocarbon use in the identified equipment in the U.S

. moving forward

. Summary of Hydrocarbon Refrigerant Recovery and Disposal Requirements R eleases and/or disposal of hydrocarbon refrigerants , along with many other refrigerant substitutes, are controlled by other authorities in addition to EPA including OSHA and NIOSH guidelines, various standards (e.g., UL, ASHRAE) , and state and local building codes. To the extent that release during maintaining, repairing, servicing or disposing of appliances is controlled by regulations and standards of other authorities, EPA believes these practices and controls for the use of h ydrocarbons are sufficiently protective.
Furthermore, EPA intends to update the CAA Section 608 technician cert ification test bank in accordance with 40 CFR 82.161 to specifically include questions concerning flammable refrigerant substitutes. The Refrigeration Service Engineers Society (RSES) has also developed a technician training program in collaboration with refrigeration equipment manufacturers and users that addresses safe use of flammable refrige rant substitutes, including introduction to hy drocarbon refrigerants; regulations and standards; refrigerant safety; compressor

- terminal venting; compressor change

- out; system flushing, purging, and pressure testing for leaks; compressor misuse; compatibility; service procedures; temperature

- pressure chart for HC refrigerants; and a SNAP appendix detailing substitutes subject to use restrictions. EPA also consider ed establishing a use condition in the final rule requiring training in handling flammable refrigerant substitutes for technicians servicing or disposing of equipment containing such substitutes, and requested public comment on the mand atory elements of such training (EPA 2014). In addition, several submitters who have received SNAP approval for hydrocarbon refrigerants have already developed t raining programs and updated equipment manuals specifically for flammable refrigerants for technicians and users. Best Practices for Hydrocarbon Refrigerant Recovery and Disposal The proposed rulemaking included use restrictions for all four hydrocarbons in their proposed end

- uses. These use restrictions were implemented in order to ensure that use of these flammable refrigerants will not result in a greater risk to human health or the environment than other substitutes that are currently or potentially av ailable , particularly for technicians servicing such equipment

. Although recovery of flammable hydrocarbon refrigerants is not required, be st practices for safe servicing, venting, and disposal of appliances with hydrocarbon refrigerants identified b y EP A in the proposed rule (EPA 2014) include:

 Only technicians specifically trained in handling flammable refrigerants should service or dispose of refrigeration and AC equipment containing these substances

.
 Releases of large quantities of refrigerant substitutes duri ng servicing and manufacturing should not take place in e nclosed, poorly ventilated sp aces, but rather release should be in a well

ventilated area, such as outside of a building.

 Releases of refrigerant substitutes should not take place nea r an ignition source, particularly if large amounts of refrigerant are stored nearby

.
 Warning labels are required on household and retail refrigerators and freezers, vending machines, non

- mechanical heat transfer equipment, very low temperature refrigerati on equipment, and room air conditioners

.4

 Equipment must have distinguishing color

- coded hoses and piping to indicate use of a flammable refrigerant

.
 Equipment refrigerant charge sizes are restricted for household and stand

- alone commercial refrigerators an d freezers, including very low temperature freezers; vending machine ; , and room AC units that reflect the UL 250, UL 471, UL 541 and UL 484 standards

.
 Separate service fittings for use with flammable refrigerants is recommended in the event that a servicin g access port is added to the equipment

.

2.1.2 Europe an Union Manufacturers of domestic refrigeration and air conditioning equipment in the Europe Union (EU) have been converting to hydrocarbon refrigerants, such as isobutane in compressor cooling systems, since 1995 (CECED 2005a) , and portable air conditioning systems containing propane have been available on the European market since 1985 (Unilab 2013). Most domestic refrigerators and freezers made in Europe use hydrocarbons (i.e., isobutane) as the refrigerant (F

- Gas Support 2009). A pproximately 8 million refrigerators using hydrocarbons are produced in Europe annually by companies such as Bosch, Electrolux, Miele, Whirlpool , and AEG. In addition, the majority of hydrocarbon portable air conditioners manufactur ed in China are exported to Europe (UNEP 2011). Furthermore, in 2009, there were already more than 100 million small domestic refrigerator and freezer systems operating in Europe (F

- Gas Support 2009). In accordance with EU Standard EN 378:2008 the maximum allowable quantity of hydrocarbon refrigerant in domestic refrigerators and small portable air conditioners is 150 grams (ARTI 2010). Summary of Hydrocarbon Refrigerant Recovery and Disposal Requirements Regulations for refrigerants in the EU are governed by both standards and directives. The directives, issued by the European Commission (EC), contain requirements for certain types of equipment, while standards are more technical documents developed by European standard setting organizations (ARTI 2010). T here are several directives related to the recovery and disposal of hydrocarbon refrigerants in appliances in the EU.

Table 1 summarizes some of the Directives established in the EU that apply to the recovery and disposal of hydrocarbon refrigerants.

Table 1 : Summary of Regulations and Standards for Recovery and Disposal of Hydrocarbon Refrigerants in the European Union Regulation/ Standard Title Description Source

Directive 2012/19/EU WEEE (Waste and

Electronic Equipment) Directive  Revisions to Directive 2002/96/EC

 As a minimum, hydrocarbons have to be removed from any separately collected WEEE

 Such hydrocarbons shall be disposed of or recovered in compliance with Directive 2008/98/EC (see below) European Parliament and Council of the EU 2012

Directive 2008/98/EC EU Waste

Framework Directive  S ets basic concepts and definitions related to waste management, including definitions of waste, recycling, and recovery EC 2014a

Directive 2002/96/EC WEEE D irective  ODS or gases with a GWP higher than 15 must be separately collected and treated CECED 2005a ; CECED 2005b5

Regulation/ Standard Title Description Source

 Annex II(2) requires extraction and proper treatment of HFCs used for refrigerators and freezers, but exempts gases, such as isobutane

 Annex III requires h azardo us ex plosive atmospheres be designated, ignition sources be labeled , and unauthorized personnel should not enter the treatment center Directive 1999/92/EC ATEX (Atmosphères

Explosibles) Workplace Directive  Includes the health and safety protection of workers potentially at risk from explosi ve atmospheres

 D escribes the safety measures employers must implement to prevent and protect against explosions

 C lassifies hazardous areas into different zones

 All treatment facilities, even thos e for CFC appliances, shall comply with explosion protection measures ARTI 2010 ; CECED 2006

EN 378:2008 Refrigerating

Systems and Heat Pumps

– Safety and Environmental Requirements  Published by European Committee for Standardization (CEN )

 EN 378

- 4:2008, the 4 th part of the standard, covers operation, maintenance, repair, and recovery

 Compliance with the safety requirements of EN 378 will ensure compliance of all reg ulatory standards and documents ARTI 2010

EN 13313:2001 Refrigerating

Systems and Heat Pum ps – Competence of Personnel  Published by European Committee for Standardization (CEN )

 E stablishes procedures for achieving and assessing the competence of personnel who design, install, inspect, test and commission, maintain, repair and dispose of refrige rating systems and heat pumps with respect to health, safety, environmental protection, and energy conservation requirements ARTI 2010

EN 60079 Electrical Apparatus

for Explosive Gas Atmospheres  P ublished by European Committee for Electrotechnical Standardization (CENELEC )

 R equirements for construction, safety, protection, and training for electrical systems in potent ially explosive gas atmospheres

 EN 60079

- 15:2005 is harmonized with the ATEX Directive for equipment in potentially explosive atmospheres ARTI 2010

Best Practices for Hydrocarbon Refrigerant Recovery and Disposal Under a joint project by the WEEE Forum (an open non

- profit association of voluntary industry

- driven collective WEEE take

- back systems) , EERA ( European Electronics Rec yclers Association ) and CECED ( European Committee of Domestic Equipment Manufacturers ) titled “Treatment of New Generation6

Refrigerators and Freezers Containing Hydrocarbons (HC),” a set of voluntary standards on the collection, storage, transport, and han dling of cooling and freezing appliances containing hydrocarbon refrigerants were developed and agreed upon in 2006 (CECED 2006). These voluntary standards, which serve as best practices for such activities related to hydrocarbon appliances, complement Dir ective 2002/96/EC on WEEE and include recovery and recycling specifications.
According to the voluntary standards developed by the WEEE Forum, EERA, and CECED, cooling and freezing appliances and components, materials and substances thereof must be proces sed at a rate of recovery of at least 80% and a reuse and recycling rate of at least 75% by weight per appliance. Sorting of types of cooling and freezing appliances should take place at the treatment plant and be performed and supervised by trained person nel, in accordance with treatment requirements for such appliances

. In summary, these best practices at end

- of

- life of hydrocarbon appliances include the following:

 removal of all liquids and hydrocarbon refrigerants must be separated from oil;

 hydrocarbo n emissions must comply with national legislation; and

 operations must be equipped with protective measures against possible fires and explosions.
In a 2005 press release, the Director of CECED noted that for recycling facilities to be designed to properly protect workers, “ all that is required is a controlled release of hydrocarbons at the recycling facilities. Ventilation needs to be arranged so that the ratio HC/air is kept within safety limits ” (CECED 2005a). According to a report by the UK Environment Agency and Scottish Environment Protection Agency on guidance on the recovery and disposal of controlled substances contained in refrigerators and freezers, levels of hydrocarbons in the treatment system and headspace of the filter units should be maintain ed below 25% of the lower explosive limit (LEL). To properly detect an exceedance of this recommended level, detectors with automatic shutdown should be installed (Environment Agency 2002).
Because it is often difficult to identify which appliances contai n hydrocarbons at end

- of

- life, such safety and engineering control practices should always be followed to mitigate any potential explosion risks. Therefore, all treatment facilities must comply with the explosion protection measures outlined in Directive 1 999/92/EC (CECED 2006). According to Directive 1999/92/EC, in practice, explosions inside the shredder can be avoided by controlling conditioning, including rarefaction of the hydrocarbon atmosphere by blowing air into the process, reduction of the oxygen content by substituting air with inert gases, and use of alternative explosion proof processing

- technologies (CECED 2006).
According to Directive 2012/19/EU
, a s a minimum , hydrocarbons must be removed from any separately collected WEEE and disposed of or r ecovered in compliance with Directive 2008/98/EC. Only gases that are ozone depleting or have a GWP above 15 must be properly extracted from equipment and properly treated. Therefore, this directive does not explicitly require the further treatment of hydr ocarbons following removal; however, the directive also does not explicitly state that these hydrocarbon refrigerants may be vented intentionally. Best practices include the employment of proper safety measures during all hydrocarbon refrigerant recovery a nd equipment disposal activities.

2.1.3 Australia Manufacturers in Australia have adopted hydrocarbons in domestic refrigerators, small integral commercial cabinets, fluid chillers, industrial refrigeration, and mobile air conditioning systems. In 2013, approximately 100 metric tons of hydrocarbons were s upplied to charge or service equipment for use in7

multiple refrigeration and air

- conditioning sectors. The market share for hydrocarbons is expected to grow with the continued phase out of ozone depleting substances (Australian Government 2013). The Austra lian Government has proven experience using natural refrigerants, and believes that natural alternative refrigerants can be used safely and effectively (Au stralian Government 2012)

. Summary of Hydrocarbon Refrigerant Recovery and Disposal Requirements In A ustralia, recovery and recycling of any fluorocarbon refrigerant or fluorocarbon blend at the end of its useful life is mandatory (AIRAH and IRHACE 2007) ; however , Australia allows venting of non

fluorocarbon refrigerants. According to the Australian Insti tute of Refrigeration, Air Conditioning and Heating ( AIRAH ) “Flammable Refrigerant Safety Guide”, under certain circumstances it is acceptable to vent hydrocarbon refrigerants, if the following local and national rules and regulations permit, including:

 l egislation relating to waste material;

 environmental legislation;

 Work Health and Safety (WHS) and Occupational Health & Safety (OH&S) legislation and regulation; and

 legislation related to hazardous substances. (AIRAH 2013)

When venting a refrigerant, a risk assessment must be performed that examines the amount of gas to be vented, where venting will occur, the potential for accumulation of the released gas, the implications to public safety, the application of gas detection and alarms, the availability o f fire protection, the extent of any hazardous areas generated, and the required equipment. The Australian government recommends systems containing more than 150 grams of refrigerant should be recovered.

Table 2 describes Australian Standards 1596

– 2002 and 1677.2

– 1998, which provide additional safety guidelines for the handling of hydrocarbon refrigerants. Specific standards for the recovery or disposal of refrigerants were not available.

Table 2 : Summary of Regulations and Standards for Recovery and Disposal of Hydrocarbon Refrigerants in Australia Regulation/Standard Title Description Source

Australian Standard 1596

– 2002 LP Gas Storage and Handling  Establishes safety guidelines for storage and handling of liquefied petroleum gas products, which include hydrocarbon refrigerants. Hychill 2010

Australian Standard 1677.2

– 1998 Refrigerating Systems

– Safety Requirements for Fixed Applications  Includes safety procedures for all refrigerants, including hydrocarbons. Hychill 2010

Best Practices for Hydrocarbon Refrigerant Recovery and Disposal The AIRAH, and the Institute of Refrigeration, Heating and Air Conditioning Engineers New Zealand (IRHACE) prepared the “Refrigerant Handling Code of Practice

- Part 1 and 2” to demonstrate best practices for handling refrigerants in self

- contained refrig eration equipment (Part 1) and other systems (Part 2)

. AIRAH and IRHACE recommend proper care be taken to recover flammable refrigerants, and8

recovery should only be performed by trained personnel using equipment designed for r ecovering flammable refrigera nt ( AIRAH and IRHACE 2007)

. The AIRAH recommended the following procedures for recovery of flammable refrigerants in the “Flammable Refrigerants Safety Guide” :

 The machine used for refrigerant recovery must be suitable for use with flammable refrigerants. It should not have any potential sources of ignition; the requirements are the same as those for a refrigerating system.

 The recovery cylinder must be suitable for the refrigerant used, specifically, in terms of the pressure rating and the compatibility o f valve seals, etc., and with a Class 2.1 l abel (diamond).

 Refrigerants of different safety group classifications (e.g. A1, A2, and A3) must not be mixed in recovery cylinders.

 Container(s) must be carefully weighed during the transfer of the refrigerant and the permissible fill weight of refrigerant in the container at a reference temperatu re of 45°C must not be exceeded.

 All containers are required to be marked with a tare weight and some may have an indication of the weight of refrigerant that can safel y be contained. If there is any doubt, the weight of the refrigerant which can be contained should be checked. Reference should be made to cylinder standards such as AS/NZS 1596, AS 4332 and NZS 5807.

 Because odorant could be lost in the recovered refriger ant due to odorant fade, recovered refrigerant must not be transported in enclosed vehicles, nor stored in an enclosed space, and not be used for charging systems unless it is re

- odorized (AIRAH 2013)

. In addition, Heatcraft, an Australian refrigerant recovery equipment manufacturer, published a “ Guide to Refrigerant Recovery Equipment ”, in which Heatcraft recommends various best practices to ensure worker safety during refrigerant recovery , including hydrocarbons . Heatcraft notes there are three

common methods for recovery; Vapor Recovery, Liquid Recovery & Push

- Pull Recovery. Heatcraft recommends during such methods, workers should look a fter recovery equipment with the use of filter driers, particulate filters, or acid core driers, and always monitor the recovery cylinder weight, pump inlet pressure and certainly pump outlet pressures (Heatcraft 2014 )

. Furthermore, the following best practices for venting are included in the “Flammable Refrigerant Safety Guide”:

 Venting to inside a building is not per missible under any circumstances.

 Venting must not be to a public area, or where people are unaware of the procedure taking place.

 The hose must be of sufficient length such that it will extend to at least 3m beyond the outside of the building.

 The venting should only take place on the certainty that the refrigerant will not get blown back into any adjacent buildings, and that it will not migrate to a location below ground

- level.

 The hose is made of material that is compatible for use with the refrigerants and oil.

 A device is used to raise the hose discharge at least 1m above ground level and so that the discharge is pointed in an upwards direction (to assist with dilution).

 Ideally, there should be a type of rose on the end of the hose so that the vented r efrigerant can discharge in different directions, with fairly small outlet orifices (to assist with dilution).

 There must be no sources of ignition near the hose discharge.9

 Flammable gas warning sign must be positioned close to the hose discharge. (AIRAH 2 013)

2.1.4 Japan Natural refrigerants, including hydrocarbons, are proposed as substitutes for the phase out of ozone

depleting substances in Japan. According to Underwriter Laboratories , isobutane (R600a) was adopted as a refrigerant in Japanese appliances long ago, specifically in household refrigerators and freezers (UL 2011). Furthermore, Japan has recently encouraged investment in natural refrigerants. In 2014, 50 million U.S.D. were allocated to support the adoption of natural refrigerants in refrigerated w arehouses, convenience stores, and supermarkets (Shecco 2014).
Although hydrocarbon refrigerants have been used in various applications in Japan, prominent organizations, such as the Japan Refrigeration and Air Conditioning Industry Association (JRAIA) , pl an to further evaluate the risk of adopting flammable refrigerants in accordance with the Japanese Ministry of Economy, Trade, and Industry (METI) (JRAIA and JBCE 2014). Summary of Hydrocarbon Refrigerant Recovery and Disposal Requirements Japan’s 3R Polic ies, “Reduce, Reuse, Recycle” are designed to promote sustainable practices through various recycling policies and guidelines. The 3R Policies include the Home Appliance Recycling Law, the Automobile Recycling Law, and the Fluorocarbon s Recovery and Destru ction Law (UNEP Undated ). The Home Appliance Recycling Law of 2001 defines a collection and recycling program, in which home appliance manufacturers are responsible for recycling appliances (UNEP 2008)

. Although the 3R policies only extend to fluorocarbons, they describe the widely adopted protocol for the home appliance recycling industry in Japan. Under the Home Appliance Recycling Law , the recovery of refrigerants is the responsibility of the manufactu rer, not the recycling facility.
In addition to the 3R policies, industry standards govern the recovery of refrigerant in Japan (UNEP 2008). Several industry standards for appliances and the use of flammable refrigerants, including hydrocarbons, are liste d in Table 3 below.

Table 3 : Summary of Regulations and Standards for Recovery and Disposal of Hydrocarbon Refrigerants in Japan Regulation/Standard Title Description Source

Electrical Appliances and Material Safety Act  Regulates manufacturing, import, and sales of electrical appliances. AHRI 2010

High Pressure Gas Safety Act  Regulates the handling and consumption of high

pressure gases in a stationary setting.

 Requires mandatory safety training for employees AHRI 2010

Fire & Disaster Management Act (FDMA)  Regulates general handling of flammable substances. AHRI 2010

Japanese Industrial Standard (JIS) B8612 Commercial

Refrigeration Cabinets  A safety standard developed by the Japanese Industrial Standards Committee (JISC) for commercial refrigeration cabinets. AHRI 2010

Japanese Industrial Standard (JIS) B8620 Safety Code for

Small Refrigerating Equipment  A safety standard developed by the JISC that specifies construction of parts subjected to refrigerant pressure to ensure the safety of small refrigerating equipment that use a compressor. AHRI 201010

Regulation/Standard Title Description Source
Japanese Industrial Standard (JIS) B8240 Construction of

Pressure Vessels for Refrigeration  A safety standard developed by the JISC for refrigeration equipment that uses refrigerant with a boiling point lower than

- 150°C. AHRI 2010

Best Practices for Hydrocarbon Refrigerant Recovery and Disposal Best Practices for hydrocarbon refrigerant recovery and disposal are not widely available for the Japanese industry. The Japan Refrigeration and Air Conditioning Industries Association (JRAIA) and the Japanese Business Council in Europe (JBCE) note preventing leaks or releases of hydrocarbons is difficult, and recovery for hydrocarbons requires significant manipulations such as pipe connections and disconnections (JRAIA and JBCE 2014). However, venting of hydrocarbon refrigerants is allowed, as the Government of Japan only prohibits venting of fluorocarbon refrigerants.
The President of JRAIA, Tetsuji Okada, acknowledges the lack of training for natural refrigerants, and believes this absence is a barrier to the widespread adoption of natural refrigerants (R744 2014). In response to the lack of training for natural refrigerants, JRAIA and Japan Association of Refrigeration and Air Conditioning Contractors (JARAC) plan to offer training courses on various applications for existing refrigerants. The courses intend to support the Government of Japan’s initiative to accelerate the introduction of na tural refrigerants (R744 2014 ).



### 2.2 Disposal of Appliances Containing Hydrocarbon Refrigerants without Prior Venting or Recovery
An additional concern identified by ISRI with respect to the hydrocarbon refrigerant exemption from the venting prohibition is associated with the disposal of a ppliances containing hydrocarbon refrigerants directly into a landfill without proper venting or recovery of the refrigerant. ISRI commented that under the best circumstances, recycling facilities would receive appliances for recycling only after complete removal or recovery of the refrigerant prior to delivery. ISRI adds that appliances devoid of refrigerant upon delivery would be mostly scrap metal and could be safely recycled ; however, if recyclers are sent appliances still containin g hydrocarbon refrige rants, the recycler would be responsible for removal of the refrigerant. Furthermore, ISRI is concerned that any disposal of hydrocarbon refrigerants, though allowable under EPA’s proposed exemption from the venting restriction, would still be considered h azardous waste despite EPA’s ruling that releases of hydrocarbon refrigerants would not pose any additional threat to the environment (ISRI 2014)

. Below is a summary of current regulations related to the treatment of flammable waste in the U.S., EU, Austr alia, and Japan; however, the international regulations strictly apply to flammable refrigerants only if they are recovered into cylinders, not if they are vented from the appliance at disposal. An assessment of the potential risks associated with disposin g of appliances containing hydrocarbon refrigerants is also presented below.

United States In the United States, the four hydrocarbons exempted from the venting prohibition (i.e. propane, isobutane, R

- 441a, and ethane) may be considered to be hazardous w aste under certain circumstances due to their ignitability (as defined under RCRA regulations; see 40 CFR 261.21).
Specifically, household appliances are exempt from hazardous waste regulations under the household hazardous waste exemption at 40 CFR 261.4 (b)(1)

. Under RCRA , a “household” includes single and11

multiple residences, hotels, bunkhouses, campgrounds, and other places of residence. A waste generated at a location other than a ho usehold can not qualify as a household waste. For example, waste generated from an appliance (even if physically identical to a “household” appliance) used in a commercial capacity would not fall under the household hazardous waste exemption and therefore, would be regulated

. EPA has clarified that the household hazardous waste exemption extends through the entire life cycle of the household hazardous waste including collection, management, transportation, treatment, and recycling and disposal. Thus, venting of hydrocarbon refrigerants from househol d appliances that are disposed would not be subject to RCRA hazardous waste requirements.
Conversely, disposal of hydrocarbon refrigerants from commercial and industrial appliances that are not generated by households would b e regulated as hazardous waste (see 40 CFR 261.21) subject to a limited exception if the refrigerant is to be recycled. Note that comingling of exempt household waste with wastes generated from commercial or industrial activities, even if the wastes are physically identical, would rende r the entire mixture hazardous waste subject to management under the RCRA hazardous waste regulations (Virginia Department of Environmental Quality 2008).
If characteristic, used h ydrocarbon refrigerants are considered to be hazardous wastes because they a re classified as spent material (i.e., material that has been used and has become contaminated through use and hence, must be reclaimed prior to reuse) ( 40 CFR Section 261.1(c)(1)) . In cases where hydrocarbon refrigerants are recovered for direct reuse (i .e., no reclamation), these materials would not be classified as a solid or hazardous waste ( 40 CFR 261.2(e)).

I ncidental releases of hydrocarbon refrigerant that occur during the maintenance, service, and repair of commercial, industrial, and household a ppliances would not be subject to RCRA requirements governing the disposal of hazardous waste , because inadvertent releases of gaseous hydrocarbons would not constitute disposal of the refrigerant charge (see 79 FR 29687)

. If ignitable hydrocarbon refriger ants were recovered from any appliance, whether commercial, industrial, or residential, but not reused, these hydrocarbons would need be disposed of in accordance with appropriate Federal (i.e., RCRA) , State, and local regulations. According to the MSDS fo r propane, when it becomes necessary to dispose of these gases, it is preferable to do so as a vapor by burning the hydrocarbon in a properly designed flare or incinerator (Amerigas 2004).
European Union Recycling and disposal of hazardous waste, which inc ludes flammable liquid and gaseous substances, are subject to regulations set by the European Commission including the EU Waste Framework Directive 2008/98/EC and the Landfill Directive 1999/31/EC

. According to the EU Waste Framework Directive, the regulat ions surrounding hazardous waste require stricter controls, including labelling, record keeping, monitoring, and control obligations for the lifetime of the use of the material (EC 2014c). According to the Landfill Directive, flammable waste:

1. m ay not be ac cepted in a landfill, 2. must be labeled as such with waste product numbers, and 3. must be stored separately from other waste materials.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) provides detailed information on the handling an d storage of flammable liquids and gases which are classified as12

hazardous waste (University of Reading 2013). DSEAR requires employers to determine whether dangerous substances and fire/explosion risks exist in the workplace. Once such risks are assessed, employers must establish control measures to either remove or mitigate risks by 1) developing procedures in the case of an emergency, 2) training personnel, 3) identifying and classifying areas in the workplace that contain atmospheres containing fire/exp losive atmospheres, and 4) avoiding ignition sources in those areas.

In the EU, flammable refrigerants must be disposed of in accordance with regulations set by the European Commission for hazardous waste, specifically flammable materials. Such regulations include stricter controls ( labelling, record keeping, monitoring, and workplace controls) and ensure proper disposal procedures to increase safety measures for personnel and mitigate any potential fire/explosion risks.

Australia Across all Australian states and territories, liquids and gases are considered hazardous. Due to their classification as hazardous waste, flammable refrigerants are not permitted to be landfilled. Flammable ref rigerants should be disposed of in hazardous waste facilities, which are licensed by state regulators and operate on Occupational Health & Safety Standards (Toxfree 2014 ).
Japan Under Japan’s Waste Disposal and Public Cleansing Law, flammable waste is cons idered hazardous. As a result, regulations require strict standards and a permit system for facilities that process flammable waste (UN Waste Management). Flammable refrigerants are thus required to be disposed or destroyed by licensed processors and proc essing facilities.

Potential Risks of Disposal of Appliances Containing Hydrocarbon Refrigerants without Prior Recovery or Venting Hydrogen refrigerants are potentially considered to be hazardous waste in the U.S., EU, Australia, and Japan due to their ign itability/ flammability

. In the U.S., hydrocarbon refrigerants that are vented or otherwise released to the atmosphere in the specified uses are not considered a threat to the environment under regulations implementing Section 608 of the Clean Air Act , prov ided the specified

use conditio ns are followed ; however, for commercial and industrial appliances, it is likely that flammable hydrocarbon refrigerant substitutes would be classified as hazardous waste and would need to be managed as hazardous waste under the RCRA regulations (40 CFR Parts 261

- 270)

.

Because there is a potential for ignition sources to be present in a landfill or during the mechanical processing of the appliance for recycling (e.g., electric al sparks, static electricity ) it is important th at the hydrocarbon refrigerant is removed from the appliance before it is recycled or disposed

. If recycling facilities receive appliances that are not devoid of refrigerant, only properly trained technicians should remove the refrigerant and ensure that i t is done in a well

- ventilated area away from ignition sources. If the recycling facility chooses to recover and dispose of the hydrocarbon refrigerant, rather than vent it, they will have to follow the proper DOT and RCRA, state and local regulations rega rding proper disposal of ignitable waste. These recommendations are consistent with how flammable waste is treated in the EU (i.e., flammable waste is not acc epted in a landfill) and in Australia and Japan (i.e., flammable waste is specially disposed of at a hazardous waste facility)

. Therefore, it is not anticipated that recyclers will be exposed to any additional risk when removing hydrocarbon refrigerants from refrigeration equipment prior to recycling, provided only properly trained technicians are hand ling the equipment and following best practices guidelines from relevant standards and regulations.13



## 3 Conclusions and Recommendations

Based on a review of current literature on disposal and recovery practices for appliances containing hydrocarbon refrigeran ts, it is unlikely that exempting hydrocarbons from the venting prohibition will result in additional risk for the recycling industry, provided the use restrictions set forth in the proposed rule are followed. These use restrictions set forth in EPA’s prop osed rule (e.g., charge restrictions, labeling, color coding) and recommendations for specific training related to flammable refrigerants are consistent with the best practices for recovery and disposal established for the EU, Australia, and Japan. In a ddi tion, the restrictions and best practices for venting of hydrocarbon refrigerants in Australia are consistent with EPA’s use recommendations for safe handling and venting of hydrocarbon refrigerants in the proposed rule (e.g., ventilation, minimizing prese nce of potential ignition sources )

. In addition, it is not anticipated that the recycling industry will experience additional risk if appliances containing hydrocarbon refrigerants are sent to recycling facilities prior to being properly vented

. Recycling facilities should vent or otherwise remove the refrigerant before any mechanical processing of the appliance (e.g., shredders, choppers, magnets), due to the potential presence of ignition sources

. The ignitable refrigerant that is removed would not be considered hazardous waste if it meets the household waste exemption under RCRA

. However, for commercial and industrial appliances, it is likely that ignitable hydrocarbon refrigerant substitutes would be classified as hazardous waste and would need to be managed as hazardous waste under the RCRA regulations (40 CFR Parts 261

- 270).

Provided that proper use restrictions for refrigeration equipment containing hydrocarbon refrigerants

are adhered to and that the recommendations for proper engineering controls and PPE in the MSDS and other relevant regulations and standards (e.g., OSHA, UL) are followed, additional risks to the recycling industry from the exemption of certain hydrocarbon refrigerants from the venting prohibition is not anticipated to result in any additional risk to the recycling industry.14



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