21682 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–5199–4]

Motor Vehicle Air Conditioners and

Protection of Stratospheric Ozone

AGENCY: Environmental Protection

Agency.

ACTION: Supplemental final rule.

SUMMARY: On July 14, 1992, EPA

published a final rule in the Federal

Register establishing the standards and

requirements regarding the servicing of

motor vehicle air conditioners and

restrictions on the sale of small

containers of class I or class II

substances pursuant to section 609 of

the Clean Air Act as amended (Act). The

rule requires that only approved

refrigerant recovery/recycling

equipment be used to perform service

for consideration on motor vehicle air

conditioners. Two types of equipment

could be approved: Equipment that

recovers refrigerant and recycles it onsite, and equipment that only recovers

refrigerant. The refrigerant from recoveronly equipment may be recycled on-site

or sent off-site for reclamation. The

Agency established a standard for

recover/recycle equipment (appendix

A), but reserved finalizing the standard

for recover-only equipment.

Today’s final rule establishes a

standard for approval of recover-only

equipment that extracts CFC–12 from

motor vehicle air conditioners. This

standard follows closely the Society of

Automotive Engineers (SAE) Standards

J1989: Recommended Service Procedure

for the Containment of R–12, and J2209:

CFC–12 (R–12) Extraction Equipment

for Mobile Automotive Air-conditioning

Systems. Because automotive

technicians have previously been

required to use only recover/recycle

equipment for which an Agency

standard had been established, today’s

rule permits these technicians

additional flexibility in determining

how to meet Section 609 requirements.

This final rule also updates the purity

standard for off-site reclamation, by

changing the standard from ARI 700–88

to ARI 700–93.

By promoting the reclamation of

refrigerants from motor vehicle air

conditioners, this final rule will help to

lower the risk of depletion of the

stratospheric ozone layer, thus

diminishing potentially harmful effects

to human health and the environment,

including increased incidences of

certain skin cancers and cataracts.

DATES: This final rule is effective June

1, 1995, except that the changes to

§ 82.32(e)(2) will become effective on

July 3, 1995, unless EPA has received by

June 1, 1995, adverse comment. Should

EPA receive such notice, EPA will

publish one subsequent action in the

Federal Register to withdraw the

changes to § 82.32(e)(2), and will

publish another action proposing this

action and requesting comments.

Judicial review of this action is

available only by the filing of a petition

for review in the United States Circuit

Court of Appeals for the District of

Columbia Circuit within 60 days of

publication.

ADDRESSES: Comments and materials

supporting this rulemaking are

contained in Public Docket No. A–91–

41 in room M–1500, Waterside Mall

(Ground Floor), U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460. The docket may

be inspected from 8:30 a.m. until 5:30

p.m., Monday through Friday. A

reasonable fee may be charged for

copying docket materials. Those

wishing to submit adverse comments on

the portion of this action relating to the

adoption of the ARI 700–1993 standard

should contact Christine Dibble,

Program Implementation Branch,

Stratospheric Protection Division, Office

of Atmospheric Programs, Office of Air

and Radiation (6205–J), 401 M Street,

SW., Washington, DC 20460 Docket #A–

91–41 IV–D (202) 233–9147.

FOR FURTHER INFORMATION CONTACT:

Christine Dibble, Stratospheric

Protection Division, Office of

Atmospheric Programs, Office of Air

and Radiation (6205–J), 401 M Street

SW., Washington, DC 20460. (202) 233–

9147. The Ozone Information Hotline at

1–800–296–1996 can also be contacted

for further information.

SUPPLEMENTARY INFORMATION: The

contents of today’s preamble are listed

in the following outline:

I. Background

II. Summary of Public Participation

III. Summary and Response to Major Public

Comments

IV. Summary of Today’s Final Rule

A. Adoption of Standard Based on ARI

700–1993 in Definition of ‘‘Properly

Using’’ and in Appendix B

B. Standard for Recover-Only Equipment

C. Substantially Identical Equipment

D. Approved Independent Standards

Testing Organizations

E. Technician Training and Certification

V. Summary of Supporting Analyses

A. Executive Order 12866

B. Regulatory Flexibility Analysis

C. Paperwork Reduction Act

I. Background

Title VI of the Act is designed to

protect the stratospheric ozone layer.

Section 609 of the Act requires the

Administrator to promulgate regulations

establishing standards and requirements

regarding the servicing of motor vehicle

air conditioners. On July 14, 1992, the

Agency published the final rule

implementing this section. In that rule,

the Agency defined ‘‘approved

refrigerant recycling equipment’’ as

equipment certified by the

Administrator or by an independent

standards testing organization approved

by the Agency as meeting the standards

set forth in appendix A in the rule.

Refrigeration recycling equipment was

also considered approved if it was

purchased before September 4, 1991,

and is substantially identical to the

certified equipment. Only equipment

certified as meeting the standards or

meeting the criteria for substantially

identical equipment are approved for

use in the servicing of motor vehicle air

conditioners under section 609 of the

Act.

Underwriters Laboratories (UL) and

ETL Testing Laboratories (ETL) are the

approved independent standards testing

organizations that currently certify

equipment using the standards that

appear in appendix A of the rule. These

standards apply to recover/recycle

equipment that extracts CFC–12

refrigerant from a motor vehicle air

conditioner and cleans the refrigerant

on-site (recover/recycle equipment). The

regulatory standards, based on those

developed by the SAE, cover service

procedures for recovering CFC–12 (SAE

J1989, issued in October 1989), test

procedures to evaluate recover/recycle

equipment (SAE J1990, issued in

October 1989 and revised in March

1992) and a purity standard for recycled

CFC–12 refrigerant (SAE J1991, issued

in October 1989).

Although appendix A set forth the

standards appropriate for recover/

recycle equipment, EPA has until now

not established a standard which would

apply to certification of equipment that

extracts but does not recycle refrigerant

(recover-only equipment). Under the

current regulation, the refrigerant from

these recover-only machines would

typically be sent off-site for purification,

but it may be recycled on-site in a

recover/recycle machine to the SAE

J1991 standard of purity. In addition,

refrigerant may be extracted using the

recover-only equipment and

subsequently recycled off-site by

equipment owned by the person who

owns both the recover-only equipment
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21683

and owns or operates the establishment

at which the refrigerant was extracted.

Appendix B of the rule was reserved

for the standards for recover-only

equipment. EPA proposed appendix B

in a supplemental notice published

April 22, 1992 (57 FR 14763). The

proposed standard closely resembled a

proposed SAE standard, SAE J2209:

CFC–12 Extraction Equipment for

Mobile Automotive Air-conditioning

Systems, with the Agency’s editorial

comments included in the standard in

brackets. This final rule adopts the final

version of this SAE standard, with

minor changes. In addition, EPA is

adopting for recover-only equipment the

recommended service procedure for the

containment of CFC–12 described in

SAE J1989 and already set forth in

appendix A. In today’s rule, that portion

of appendix A based on SAE J1989 has

been incorporated into appendix B in

order to make clear that those service

procedures apply when operating

recover-only equipment.

For both recover/recycle equipment

and recover-only equipment, the

definition of ‘‘properly using’’ set forth

in 40 CFR 82.32(e) applies. This final

rule revises the requirements for Agency

approval of independent standards

testing organizations to include

certification of recover-only equipment

in compliance with the standards in

appendix B. The criteria for approval of

technician training and certification

programs are also revised to reflect the

use of recover-only equipment. The

discussion in this preamble clarifies

how the inclusion of standards for

recover-only equipment will affect the

certification of technicians, the

Agency’s approval of technician

certification programs, and the Agency’s

approval of independent standards

testing organizations.

II. Summary of Public Participation

A public hearing on the proposed

supplemental rule was held on May 12,

1992. Only one person presented oral

comments on the proposed

requirements, also submitting written

testimony to the Agency. A transcript of

the hearing is contained in the public

docket.

The Agency received a total of 10

letters on the supplemental proposed

rule.

III. Summary and Response to Major

Public Comments

Comments to this rule were submitted

between April 22, 1992 and May 22,

1992. The remarks of several

commenters were addressed in the July

14, 1992 final rule (57 FR 31241). For

example, several commenters urged the

Agency to state more explicitly the

circumstances in which refrigerant may

be recycled off-site (i.e., if the recycle

equipment is owned by the person who

also owns both the recover-only

equipment and the establishment at

which the refrigerant was recovered).

These circumstances were explicitly

discussed when EPA adopted the

definition of ‘‘properly using’’ in the

July 14, 1992 final rule (57 FR 31241).

One commenter urged the Agency not

to adopt a recover-only equipment

standard. This commenter argued that

recover-only equipment increases the

risk of contamination of the entire

recycled refrigerant pool because it

could lead to intermixing of refrigerant

types and failure to purify the recovered

refrigerant prior to recycling. EPA

believes the use of recover-only

equipment will, in conjunction with

recover/recycle equipment, afford more

cost-effective compliance options for

smaller service facilities that may

choose not to purchase the more

expensive recover/recycle equipment,

but instead to send all recovered

refrigerant to off-site reclaimers. In

addition, larger service facilities and

fleet owners may purchase the less

expensive recover-only equipment for

use in conjunction with their recover/

recycle equipment during peak air

conditioning service months. By

adopting this standard, the Agency

believes that facilities are likely to

recover ozone-depleting chemicals that

might have otherwise been improperly

vented. Moreover, EPA believes that the

adoption of the appendix B standards

will effectively safeguard against

contamination of the refrigerant supply.

For example, the standard specifies that

the equipment discharge or transfer

fitting on recover-only equipment shall

be unique in order to prevent the

unintentional use of extracted CFC–12

used for recharging prior to recycling or

reclamation.

The remainder of the comments

remarked upon the adoption of SAE

J2209 standard as the basis of appendix

B, or upon specific provisions of

appendix B. The adoption of the J2209

standard for recover-only equipment in

appendix B parallels the adoption of the

J1990 standard for recover/recycle

equipment in appendix A. The J1991-

based standard set forth in appendix A

establishes a standard for recycled

refrigerant and consequently would not

apply to recover-only equipment. As

discussed above, the J1989-based

standard in appendix A has been

incorporated by reference in appendix

B.

The standard for recover-only

equipment proposed by EPA differed

slightly from the then-current draft of

J2209, with the Agency’s editorial

comments included in the appendix B

proposed standard in brackets. These

editorial comments clarified some

terms, inserted missing words and

corrected other typographical errors in

the J2209 draft. The final version of SAE

J2209, which eliminated these errors,

has been almost wholly incorporated

into today’s rulemaking as appendix B.

The significant differences between

the draft version of the J2209 standard

as set forth in the proposed appendix B,

and the final version of this standard as

set forth in today’s rule, are as follows.

First, the proposed appendix B stated

that portable refillable containers of

recovered refrigerant must be marked

with the words ‘‘Dirty Refrigerant—Do

Not Use Without Recycling.’’ In the final

version of J2209, and in this final rule,

the container marking must read ‘‘Dirty

R–12—Do Not Use, Must Be

Reprocessed.’’ This change illuminates

the fact that refrigerant may either be

recycled on-site using recover/recycle

equipment, or may be reclaimed off-site

to the ARI 700 standard.

In addition, unlike the draft version of

J2209, the final J2209 standard and

today’s final rule: (1) Require that

recover-only equipment be

preconditioned with standard

contaminated CFC–12 before starting

the test cycle; (2) designate the

temperature of the preconditioning; and

(3) specify the operation of the sample

method fixture. These additions were

incorporated into the final version of

J2209 and into appendix B in order to

remain consistent with, and as stringent

as, SAE J1990. Section 609(b)(2)(a) of

the Act states that standards developed

by the Administrator shall, as a

minimum, be as stringent as SAE J1990

in effect as of November 15, 1990.

The standard reproduced here is

almost identical to the final SAE

standard submitted to the Agency in

June, 1992, except that references to ARI

standard 700–88 have been changed to

700–93. SAE intends to make this

change in J2209 shortly. In addition,

updates or revisions to SAE

publications referenced in the standard

will not automatically be incorporated

by reference.

One commenter urged that EPA adopt

ARI standard 740 rather than SAE J2209

as the basis of appendix B because

complying with the more stringent

J2209 standard would increase the cost

of recover-only equipment, so that small

businesses would face greater

difficulties meeting Section 609

requirements. The standard adopted

today in appendix B is as stringent as

SAE J1990 regarding the procedure for
21684 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

extracting refrigerant and separating

lubricant from refrigerant. Unlike SAE

J2209, ARI standard 740 is not designed

to address the servicing of mobile

automotive air-conditioning systems,

and does not meet the statutory

requirement of being as rigorous in all

respects as J1990. Unlike J1990 and

J2209, ARI 740 does not establish an oil

separation requirement or require that a

contaminated CFC–12 sample be

processed to verify oil separation.

One commenter remarked that

sections 6.2 and 6.2.1 of J2209 should

not be adopted into appendix B because

these sections, which describe the

preconditioning of the equipment with

a standard contaminated CFC–12

sample, apply only to recycle

equipment and not to recover-only

equipment. These provisions not only

apply to measuring the efficiency with

which a unit cleans the refrigerant for

recycling, but also to measuring how

much lubricant has been removed from

the air-conditioning system during the

recovery process, so that technicians

may determine how much lubricant to

replace prior to the completion of

servicing. This determination should be

made whenever any refrigerant is

recovered, whether from a recoverrecycle unit or a recover-only unit.

In addition, the language contained in

Sections 6.2 and 6.2.1 is almost

identical to the language of J1990,

Sections 8.3 and 8.4.1. Since today’s

standard must at a minimum be as

stringent as SAE J1990, these provisions

should be contained in appendix B. The

Agency believes that the proper

determination of how well a particular

model of equipment extracts refrigerant

depends in part on testing the model

with a contaminated sample.

Noncondensable gases in particular may

affect extraction efficiency. In addition,

the Agency desires to further

consistency between industry standards

such as J2209 and Agency regulations.

A commenter remarked that the

reference in section 6.3.3 of appendix B

to the use of overfill protection based on

a tank’s volume should be based on

weight rather than volume, because

many tank filling operations recognize

that weight is a better control to prevent

overfilling a tank. The Agency has

decided to base its overfill protection

method on volume since both the

Department of Transportation

specifications for shipments and

packagings and the American Society of

Mechanical Engineers do so.

One commenter argued that the

Agency should consider a six-month

grace period which would allow owners

of uncertified equipment to use older

recover-only equipment while ordering

and installing recover-only equipment

that would comply with this rule. The

Agency believes that the provisions set

forth in today’s rule governing

substantially identical equipment,

combined with the extended time frame

between the publication of the proposal

and the publication of this final rule,

and the adoption of standard closely

modeled on a consensus SAE standard,

sufficiently address these lead time

concerns. Equipment owners have had a

significant time period to purchase

equipment that should meet the

standards to be adopted today.

Finally, two commenters objected to

the provision set forth in section 6.7 of

appendix B requiring that the

equipment be able to separate the

lubricant from recovered refrigerant and

accurately indicate the amount removed

from the system. These commenters

claimed that this was a redundant

requirement, and was not needed to

determine the amount of oil to be

replaced. EPA has included this

provision in appendix B because it

promotes consistency between the

Agency requirements and the industry

standard, as set forth in SAE J2209;

because it promotes consistency in

operating recover-only and recover/

recycle equipment (i.e., the technician

will know that oil separation and

measurement is a component in

operating both types of machines); and

because, by helping to prevent

overcharging the vehicle system with

lubricant, section 6.7 provides the

technician with every opportunity to

complete compressor lubrication

properly.

IV. Summary of Today’s Final Rule

A. Adoption of Standard Based on ARI

700–1993 in Definition of ‘‘Properly

Using’’ and in Appendix B

Section 82.32(e) provides in the

definition of ‘‘properly using’’ that

‘‘(r)efrigerant from reclamation facilities

that is used for the purpose of

recharging motor vehicle air

conditioners must be at or above the

standard of purity developed by the Airconditioning and Refrigeration Institute

(ARI 700–88) * * * in effect as of

November 15, 1990.’’ Today’s

rulemaking changes the definition of

‘‘properly using’’ to refer to ARI 700–

1993, which is an updated version of

ARI 700–88. In addition, references to

the ARI 700 standard in appendix B, the

Standard for Recover Equipment, are to

ARI 700–93 rather than ARI 700–88.

EPA believes that ARI 700–1993

should substitute for ARI 700–1988 in

order for section 609 regulations to

remain consistent with other provisions

of the Clean Air Act regulations and

with industry standards. The direct final

rule amending the Refrigerant Recycling

Regulations published on August 19,

1994 (59 FR 42949) and effective on

October 18, 1994 requires that persons

reclaiming refrigerant for sale to a new

owner must return refrigerant to a

standard of purity based on ARI 700–

1993. In addition, the Society of

Automotive Engineers is in the process

of revising all of its air-conditioning

standards and recommended practices

to reference current ARI specifications

for fluorocarbon refrigerants. SAE will

soon revise its J2209 standard, the basis

for appendix B.

Whereas ARI 700–1988 allowed 0.5 as

the maximum percentage by weight of

‘‘other refrigerants’’, ARI 700–1993

allows 0.50 as the maximum percentage

by weight of ‘‘all other organic

impurities, including other

refrigerants,’’ effectively tightening the

standard. Changes in ARI 700–1993 that

do not affect the automotive industry

include adding purity standards for

eleven additional refrigerants, and

increasing liquid phase contaminant

water levels for certain refrigerants not

used in automobile air conditioners.

EPA is substituting the ARI 700–1993

standard for ARI 700–1988 as a direct

final rule, recognizing that the Agency

did not propose the substitution in the

April 22, 1992 proposal of this

rulemaking. This substitution

predominantly affects the activities of

refrigerant reclaimers, who were

similarly affected by the substitution of

ARI 700–93 for ARI 700–88 in the direct

final rule amending the Refrigerant

Recycling Regulations published on

August 18, 1994 (59 FR 42949).

Commenters to that rule

overwhelmingly agreed that the changes

to the ARI standard were both

appropriate and necessary.

As discussed above, this portion of

today’s rule will become effective on

July 3, 1995, unless EPA is has received

by June 1, 1995 adverse comment.

Should EPA receive such notice, EPA

will publish one subsequent action in

the Federal Register to withdraw the

portion of this final action, and will

publish another action proposing this

action and requesting comments. In that

event, following a public comment

period and the opportunity for a public

hearing, the Agency will draft the final

regulation to be published in the

Federal Register.

B. Standard for Recover-Only

Equipment

Section 82.36(a) of the regulations

specifies that equipment that recovers

and recycles refrigerant must meet the
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21685

standards set forth in appendix A.

Today’s rulemaking adds a provision

that equipment that extracts refrigerant

for recycling on-site or for reclamation

off-site must meet the SAE J2209

standards set forth in appendix B, the

Standard for Recover Equipment.

The standard adopted today contains

specifications for labeling recover

equipment once it is certified; safety

requirements; requirements that the

equipment manufacturer must provide

operating instructions; and a functional

description of the equipment, including

hose and fitting specifications, overfill

protection requirements and additional

storage tank requirements. The standard

requires that the container for used

refrigerant be gray with a yellow top and

be marked in black print ‘‘DIRTY

REFRIGERANT—DO NOT USE, MUST

BE REPROCESSED.’’ The standard

states that the recovery equipment must

be able to separate lubricant from

recovered refrigerant and to indicate

accurately the amount removed from the

air-conditioning system in order to

assure that the proper amount of

lubricant can be returned to the system.

It should be noted that EPA’s labeling

rule published on February 11, 1993 (58

FR 8136) requires that containers

containing class I or II substances that

enter into interstate commerce are

required to bear a specific warning

label. Such containers that are sent for

off-site recycling or reclamation are

entered into interstate commerce and

thus require labeling.

The Act states that standards

developed by the Administrator shall, as

a minimum, be as stringent as SAE

J1990 in effect as of the date of

November 15, 1990. The standard

proposed today is equally as stringent as

SAE J1990 regarding the procedure for

extracting refrigerant and separating

lubricant from refrigerant. It offers a

further specification on extraction

efficiency (referring to 102 mm of

mercury versus the more general

statement regarding removal ‘‘to a

vacuum’’). Procedures and requirements

regarding unintentional releases of

refrigerant during the extraction process

are equivalent to SAE J1990, and

because recover-only equipment does

not purge non-condensable gases from

the refrigerant collected, no CFC–12 is

released in the process.

Refrigerant removed from motor

vehicle air conditioners with recoveronly equipment must be either recycled

on-site to the SAE J1991 standard of

purity or sent off-site to a reclamation

facility for purification to ARI 700–93,

a higher standard of purity than SAE

J1991. Under the provisions of the July

14, 1992 final rule, refrigerant may also

be sent off-site for recycling but only if

the equipment used to recycle the

refrigerant is owned by the person who

owns both the recover-only equipment

and owns or operates the establishment

at which the refrigerant was extracted.

Requirements concerning reclamation

facilities and their ability to ensure that

refrigerant meets the ARI 700–93

standard of purity were addressed in the

direct final rule amending 40 CFR

82.164, published on August 19, 1994

(59 FR 42949).

The standard adopted today as

appendix B represents a consensus of

the Interior Climate Control Committee

of SAE. This committee is made up of

automotive industry experts, equipment

and supply manufacturers, and

chemical producers. SAE prepared the

standards (SAE J1990, SAE J1991) later

adopted by EPA in appendix A and the

Agency believes that the standard set

forth in today’s rulemaking as appendix

B is consistent with the specifications

required in those standards for recovery.

The Agency believes that the appendix

B standard is appropriate for recovery

because it achieves environmental

protection through efficient recovery of

refrigerant and protects automobile

equipment through lubricant removal

indication.

C. Substantially Identical Equipment

Section 82.36(b) of the regulations

states that equipment purchased before

the proposal of the standards for

refrigerant recycling equipment in

appendix A (i.e., before September 4,

1991) shall be considered certified if it

is ‘‘substantially identical’’ to

equipment approved under § 82.36(a).

Until now, this provision has effectively

applied only to recover/recycle

equipment, because only recover/

recycle equipment has been approved

by the Agency.

Today’s rulemaking applies the Act’s

‘‘substantially identical’’ provision to

recover-only equipment as well.

Recover-only equipment shall be

considered approved if it is

substantially identical to recover-only

equipment approved under § 82.36(a)

and if it was purchased prior to the date

of proposal of this rulemaking (i.e.,

April 22, 1992). EPA’s regulations do

not define ‘‘substantially identical,’’ but

a manufacturer or owner may request a

determination from EPA on this point.

The Agency’s views on

implementation of the ‘‘substantially

identical’’ provision are discussed in

some detail in the September 4, 1991

Notice. In general, EPA proposes to

follow the same strict approach in

implementing this provision for recoveronly equipment as for recover/recycle

equipment. The Agency is aware that

although some recover-only machines

have been sold, until mid-1992,

manufacturers of these machines did

not have the opportunity to have

machines certified because the proposed

standard had not been developed.

Recover-only equipment that is certified

to meet the standard in appendix B will

be considered ‘‘approved refrigerant

recycling equipment.’’ Where the

models sold in the past are the same as

models that are approved, this

equipment will be considered

substantially identical. In situations

where the models sold were not the

same as the approved model, EPA will

consult with approved independent

standards testing organizations to

evaluate the previously sold equipment.

EPA will use these organizations’ test

data and any additional information

submitted by the manufacturer, such as

process diagrams and lists of

components, in the evaluation. EPA will

maintain a list of equipment determined

to be substantially identical. An

essential criterion for evaluation is that

equipment removes refrigerant as

efficiently as the SAE J2209 standard

and separates lubricant from refrigerant.

The Agency is also interested in

ensuring safety in operation of the

equipment.

Should manufacturers consider the

possibility of retrofit kits to bring the

pre-certification models up to the

performance standard of certified

models, EPA would require that the

retrofit kits be certified by an approved

independent standards testing

organization and that equipment owners

indicate in their certification to the

Agency (as discussed in the September

4, 1991 proposal) that they have

retrofitted equipment.

EPA is aware of some cases in which

equipment purchased before the

publication of the proposal to today’s

rule was produced by manufacturers

that have not yet received a certification

on any model or by manufacturers that

no longer make equipment. In situations

where equipment was purchased

without certification and no model by

that manufacturer achieves certification,

EPA will evaluate the equipment on a

model-by-model basis before making a

substantially identical determination.

Owners of the equipment, if they cannot

contact manufacturers to determine the

status of equipment, must submit

process flowsheets and lists of

components, and EPA reserves the right

to inspect the equipment and request

samples of refrigerant if necessary. The

address for submittal of information is:

MVACs Recycling Program Manager,

Stratospheric Protection Division,
21686 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

(6205J), U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460, Attention: Substantially

Identical Equipment Review. EPA will

maintain a strict interpretation of the

substantially identical clause in order to

protect the air-conditioning units and

the integrity of the recycling program.

As a result, the Agency does not

anticipate that many types of recoveronly machines will qualify as

substantially identical through this

evaluation procedure.

D. Approved Independent Standards

Testing Organizations

Section 82.38 establishes the criteria

for approval of testing laboratories or

organizations to certify whether

equipment governed by the regulations

meets the standards set forth in the

regulations. Under the original final

rule, approved organizations would

determine whether recover/recycle

equipment met the standards set forth in

appendix A to the rule, which was

based on SAE J1990 and 1991. Today’s

rulemaking will expand that provision

so that approved organizations will be

able to determine whether recover-only

equipment meets the standards set forth

in appendix B to the rule.

Because the Agency received written

requests from both UL and ETL

requesting that they be approved to

certify recover-only equipment, and

because the application materials

received by the Agency from UL on

October 21, 1991, and from ETL on

November 27, 1991 demonstrate that

both organizations have met the criteria

set forth in § 82.38(b) with respect to

recover-only equipment, the Agency has

approved UL and ETL to certify recoveronly equipment, effective as of the

effective date of this rulemaking.

EPA encourages applications from

other facilities that are capable of testing

equipment to the necessary standards.

Organizations must demonstrate that

they have the experience and the

appropriate equipment to perform

testing. The EPA will maintain a list of

approved independent standards testing

organizations available upon request at

the address set forth in § 82.38. The

Agency reserves the right to revoke

approval if the testing organization

violates any of the requirements

contained in § 82.38.

E. Technician Training and Certification

Section 82.40 established the

standards for programs approved to

train and certify technicians. The

standards cover training, the subject

material that must be covered by each

program, and minimum test

administration procedures. Summaries

of reviews of programs must be

submitted every two years and programs

must offer technicians proof of

certification upon successful

completion of the test.

At this time, 23 organizations have

been approved by EPA to train and

certify technicians in the use of recoverrecycle equipment. Ten of these

organizations train and certify their

employees, while the remaining train

members of the general public. While

EPA’s approval of these organizations

has been limited to recover-recycle

equipment, the Agency believes that for

purposes of training and certification

conducted prior to June 1, 1995, these

organizations should also be considered

as approved for purposes of recoveronly equipment. As discussed below,

recover-only equipment and the

recovery aspects of recover-recycle

equipment are very similar, and the

procedures for extracting refrigerant are

very similar for both types of

equipment. Retraining and recertifying

of technicians already certified to use

recover-recycle equipment would

therefore produce only a limited

environmental benefit. In addition, such

retraining and recertification would

impose a large burden on the

technicians and the organizations that

certify them. For these reasons, EPA

intends at this time to approve the 23

organizations noted above for training

and certification of technicians in the

use of recover-only equipment

conducted prior to June 1, 1995.

EPA will also approve organizations

for future training and certification of

technicians for the use of recover-only

equipment on the condition that each

organization certify in writing to the

Agency that its training materials

discuss the standard set forth in

Appendix B, and that its testing

materials include questions concerning

that standard. Each organization that

submits such a certification shall be

approved upon the date which is the

later of (i) the effective date of this rule

(i.e., June 1, 1995), or (ii) the receipt by

the Agency of such a certification.

Organizations that do not submit such a

certification will not be approved to

train and certify future technicians for

the use of recovery-only equipment.

As noted above, the prior training and

testing of previously approved

technicians for recover-recycle

equipment adequately and sufficiently

covers the standards set forth in

appendix B because of the large overlap

between the text of the standard based

on SAE J1990 contained in appendix A

and the standard based on SAE J2209

contained in appendix B. In both

appendix A and appendix B, the

following provisions are identical or

nearly identical: safety requirements;

requirement that the manufacturer must

provide operating instructions;

requirement that the equipment must

ensure the refrigerant recovery by

reducing system pressure below

atmospheric to a minimum of 102 mm

of mercury; the preconditioning of the

equipment with a contaminated sample;

the composition of that contaminated

sample; the requirement that the

equipment must be certified by UL or an

equivalent certifying laboratory; the

requirement that the label on the

equipment must state that it has been

design certified to meet applicable SAE

standards; and the additional storage

tank requirements.

Where the SAE J1990-based standards

in appendix A differ from the SAE

J2209-based standards in appendix B,

they differ largely because appendix A

contains many provisions which relate

to the recycle portion of the equipment

operation and which are thus not

applicable to appendix B. For example,

appendix A describes requirements for

the recycling test cycle and for the

quantitative determination of moisture,

lubricant, and noncondensable gas in

that cycle.

In addition, SAE J2209 contains one

provision which applies to recover-only

but not to recover/recycle equipment.

Section 3.5 of J2209 states that the label

on the equipment must be processed to

ARI 700–88 specifications before reuse

in a mobile air-conditioning system. The

Agency recognizes that refrigerant may

be transferred on-site to recover/recycle

equipment and processed to the

standards set forth in appendix A, rather

than be transferred off-site to a

reclamation facility for processing to the

ARI 700 standard. However, since the

final SAE J2209 standard, including the

textual requirements for the equipment

label, was issued over two years prior to

the date of this rule, the Agency has

determined not to require the inclusion

of any language on the label which

would be inconsistent with SAE

requirements.

A review of SAE J2209 indicates it

contains two provisions which relate to

the recovery of refrigerant for which

there are no equivalent provisions in

SAE J1990. First, section 3.2 of SAE

J2209 requires that the equipment

discharge or transfer fitting shall be

unique. SAE did not consider this

requirement until after the publication

of the final version of J1990. Second,

section 6.1 of SAE J2209 requires that

the unit must have a device that assures

that refrigerant has been recovered so

that outgassing is prevented. Although

there is no equivalent to this provision
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21687

in SAE J1990, J1989 requires safeguards

to prevent outgassing.

VI. Summary of Supporting Analyses

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether this regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant’’

regulatory action as one that is likely to

lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely and materially affect a sector

of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined by OMB and

EPA that this supplemental final rule is

not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review under the Executive Order.

The Agency prepared an analysis to

assess the impact of the proposed

regulation (see Costs and Benefits of

MACs Recycling, May 24, 1991) which

covers both recover/recycle equipment

and recover-only equipment, and is

available for review in the public docket

for this rulemaking.

B. Regulatory Flexibility Analysis

The Regulatory Flexibility Act, 5

U.S.C. 601–612, requires that Federal

agencies examine the impacts of their

regulations on small entities. Under 5

U.S.C. 604(a), whenever an agency is

required to publish a general notice of

proposed rulemaking, it must prepare

and make available for public comment

an initial regulatory flexibility analysis

(RFA). Such an analysis is not required

if the head of an agency certifies that a

rule will not have a significant

economic impact on a substantial

number of small entities, pursuant to 5

U.S.C. 605(b).

The Agency performed an initial

regulatory flexibility analysis for the

July 14, 1992 final rule that this rule

supplements. No additional RFA need

be prepared for this supplemental final

rule because the changes being made

today to that final rule do not alter the

original analysis.

C. Paperwork Reduction Act

This supplemental final rule has no

new information requirements subject to

the Paperwork Reduction Act.

List of Subjects for 40 CFR Part 82

Environmental protection,

Chlorofluorocarbons, Motor vehicle airconditioning, Recover-only equipment,

Stratospheric ozone layer.

Dated: April 24, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, EPA is hereby amending 40

CFR part 82 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, and

7671h.

2. Section 82.32 is amended by

redesignating the first four sentences of

paragraph (e) as paragraph (e)(1), and

redesignating the last four sentences of

paragraph (e) as paragraph (e)(2), and by

revising the first sentences of newly

redesignated paragraphs (e)(1) and (e)(2)

to read as follows:

§ 82.32 Definitions.

* * * * *

(e) (1) Properly using means using

equipment in conformity with

Recommended Service Procedures and

Recommended Practices for the

Containment of R–12 (CFC–12) set forth

in appendix A or appendix B to this

subpart, as applicable.

(2) Refrigerant from reclamation

facilities that is used for the purpose of

recharging motor vehicle air

conditioners must be at or above the

standard of purity developed by the Airconditioning and Refrigeration Institute

(ARI 700–93) (which is codified at 40

CFR part 82, subpart F, appendix A, and

is available at 4301 North Fairfax Drive,

Suite 425, Arlington, Virginia 22203).

* * * * *

3. Section 82.36 is amended by

revising paragraphs (a)(2) and (b) to read

as follows:

§ 82.36 Approved refrigerant recycling

equipment.

(a) (1) * * *

(2) Equipment that recovers and

recycles the refrigerant must meet the

standards set forth in appendix A to this

subpart (Recommended Service

Procedure for the Containment of R–12,

Extraction and Recycle Equipment for

Mobile Automotive Air-Conditioning

Systems, and Standard of Purity for Use

in Mobile Air-Conditioning Systems).

Equipment that recovers refrigerant for

recycling on-site or for reclamation offsite must meet the standards set forth in

appendix B to this subpart

(Recommended Service Procedure for

the Containment of R–12, Extraction

Equipment for Mobile Automotive AirConditioning Systems).

(b) Refrigerant recycling equipment

purchased before September 4, 1991

that recovers and recycles refrigerant,

and refrigerant recycling equipment

purchased before April 22, 1992 that

recovers refrigerant for recycling on-site

or reclamation off-site, that has not been

certified under paragraph (a) of this

section, shall be considered approved if

the equipment is substantially identical

to equipment certified under paragraph

(a) of this section. Equipment

manufacturers or owners may request a

determination by the Administrator by

submitting an application and

supporting documents that indicate that

the equipment is substantially identical

to approved equipment to: MVACs

Recycling Program Manager,

Stratospheric Protection Division

(6205J), U.S. Environmental Protection

Agency, 401 M Street, SW., Washington,

DC 20460, Attn: Substantially Identical

Equipment Review. Supporting

documents must include process flow

sheets, lists of components and any

other information that would indicate

that the equipment is capable of

processing the refrigerant to the

standards in appendix A or appendix B

to this subpart, as applicable.

Authorized representatives of the

Administrator may inspect equipment

for which approval is being sought and

request samples of refrigerant that has

been extracted and/or recycled using the

equipment. Equipment that fails to meet

appropriate standards will not be

considered approved.

* * * * *

4. Section 82.38 is amended by

revising paragraphs (a) and (b)(1)(iii) to

read as follows:

§ 82.38 Approved independent standards

testing organizations.

(a) Any independent standards testing

organization may apply for approval by

the Administrator to certify equipment

as meeting the standards in appendix A

and appendix B to this subpart, as

applicable. This application shall be

sent to: MVACs Recycling Program

Manager, Stratospheric Protection

Division (6205J), U.S. Environmental
21688 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

(b) * * *

(1) * * * (i) * * *

(ii) * * *

(iii) Thorough knowledge of the

standards as they appear in appendix A

and appendix B of this subpart, as

applicable; and

* * * * *

5. Section 82.40 is amended by

revising paragraph (a)(2)(i) to read as

follows:

§ 82.40 Technician training and

certification.

(a) * * *

(2) * * *

(i) The standards established for the

service and repair of motor vehicle air

conditioners as set forth in appendix A

and appendix B to this subpart. These

standards relate to the recommended

service procedures for the containment

of refrigerant, extraction equipment,

extraction and recycle equipment, and

the standard of purity for refrigerant in

motor vehicle air conditioners.

* * * * *

6. Section 82.42 is amended by

revising the last sentence of paragraph

(a)(1)(iii) to read as follows:

§ 82.42 Certification, recordkeeping and

public notification requirements.

(a) * * *

(1) * * *

(iii) * * * The certification should be

sent to: MVACs Recycling Program

Manager, Stratospheric Protection

Division, (6205J), U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

* * * * *

7. Appendix B is added to subpart B

to read as follows:

Appendix B to Subpart B—Standard for

Recover Equipment

SAE J1989, Recommended Service

Procedure for the Containment of R–12, as set

forth under Appendix A, also applies to this

Appendix B.

SAE J2209, issued June, 1992.

SAE Recommended Practice: CFC–12 (R–12)

Extraction Equipment for Mobile Automotive

Air-Conditioning Systems

Foreword

CFCs deplete the stratospheric ozone layer

that protects the earth against harmful

ultraviolet radiation. To reduce the emissions

of CFCs, the 1990 Clean Air Act requires

recycle of CFC–12 (R–12) used in mobile airconditioning systems to eliminate system

venting during service operations. SAE J1990

establishes equipment specifications for onsite recovery and reuse of CFCs in mobile airconditioning systems. Establishing extraction

equipment specifications for CFC–12 will

provide service facilities with equipment to

assure that venting of refrigerant will not

occur.

1. Scope

The purpose of this document is to provide

equipment specifications for CFC–12 (R–12)

recovery for recycling on-site or for transport

off-site to a refrigerant reclamation facility

that will process it to ARI (Air-Conditioning

and Refrigeration Institute) standard 700–93

as a minimum. It is not acceptable that the

refrigerant removed from a mobile airconditioning system, with this equipment, be

directly returned to a mobile air-conditioning

system.

This information applies to equipment

used to service automobiles, light trucks, and

other vehicles with similar CFC–12 systems.

2. References

2. Applicable Documents—The following

documents form a part of this specification

to the extent specified herein.

2.1.1 SAE Publications—Available from

SAE, 400 Commonwealth Drive, Warrendale,

PA 15096–0001.

SAE J639—Vehicle Service Coupling

SAE J1990—Extraction and Recycle

Equipment for Mobile Automotive AirConditioning Systems

SAE J2196—Service Hose for Automotive

Air-Conditioning

2.1.2 ARI Publications—Available from

Air-Conditioning and Refrigeration Institute,

1501 Wilson Boulevard, Sixth Floor,

Arlington, VA 22209.

ARI 700–93—Specifications for Fluorocarbon

Refrigerants

2.1.3 CGA Publications—Available from

CGA, Crystal Gateway #1, Suite 501, 1235

Jefferson Davis Highway, Arlington, VA

22202.

CGA S–1.1—Pressure Relief Device Standard

Part 1—Cylinders for Compressed Gases

2.1.4 DOT Specifications—Available from

the Superintendent of Documents, U.S.

Government Printing Office, Washington, DC

20402.

49 CFR, Section 173.304—Shippers—General

Requirements for Shipments and

Packagings

2.1.5 UL Publications—Available from

Underwriters Laboratories, 333 Pfingsten

Road, Northbrook, IL 60062–2096.

UL 1769—Cylinder Valves

3. Specifications and General Description

3.1 The equipment must be able to extract

CFC–12 from a mobile air-conditioning

system.

3.2 The equipment discharge or transfer

fitting shall be unique to prevent the

unintentional use of extracted CFC–12 to be

used for recharging auto air conditioners.

3.3 The equipment shall be suitable for

use in an automotive service garage

environment as defined in 6.8.

3.4 Equipment Certification—The

equipment must be certified by Underwriters

Laboratories or an equivalent certifying

laboratory to meet this standard.

3.5 Label Requirements—The equipment

shall have a label ‘‘Design Certified by

(company name) to meet SAE J2209 for use

with CFC–12. The refrigerant from this

equipment must be processed to ARI 700–93

specifications before reuse in a mobile airconditioning system.’’ The minimum letter

size shall be bold type 3mm in height.

4. Safety Requirements

4.1 The equipment must comply with

applicable federal, state and local

requirements on equipment related to the

handling of R–12 material. Safety precautions

or notices or labels related to the safe

operation of the equipment shall also be

prominently displayed on the equipment and

should also state ‘‘CAUTION—SHOULD BE

OPERATED BY CERTIFIED PERSONNEL.’’

The safety identification shall be located on

the front near the controls.

4.2 The equipment must comply with

applicable safety standards for electrical and

mechanical requirements.

5. Operating Instructions

5.1 The equipment manufacturer must

provide operating instructions, necessary

maintenance procedures and source

information for replacement parts and repair.

5.2 The equipment must prominently

display the manufacturer’s name, address

and any items that require maintenance or

replacement that affect the proper operation

of the equipment. Operation manuals must

cover information for complete maintenance

of the equipment to assure proper operation.

6. Functional Description

6.1 The equipment must be capable of

ensuring recovery of the CFC–12 from the

system being serviced, by reducing the

system pressure to a minimum of 102 mm of

mercury below atmospheric. To prevent

system delayed outgassing, the unit must

have a device that assures that the refrigerant

has been recovered from the air-conditioning

system.

6.1.1 Testing laboratory certification of

the equipment capability is required which

shall process contaminated refrigerant

samples at specific temperatures.

6.2 The equipment must be

preconditioned with 13.6 kg of the standard

contaminated CFC–12 at an ambient of 21°C

before starting the test cycle. Sample

amounts are not to exceed 1.13 kg with

sample amounts to be repeated every 5

minutes. The sample method fixture defined

in Figure 1 of appendix A shall be operated

at 24°C. Contaminated CFC–12 samples shall

be processed at ambient temperatures of 10

and 49°C.

6.2.1 Contaminated CFC–12 sample.

6.2.2 Standard contaminated CFC–12

refrigerant, 13.6 Kg sample size, shall consist

of liquid CFC–12 with 100 ppm (by weight)

moisture at 21°C and 45,000 ppm (by weight)

mineral oil 525 suspension nominal and 770

ppm (by weight) of noncondensable gases

(air).

6.3 Portable refillable containers used in

conjunction with this equipment must meet

applicable DOT standards.

6.3.1 The container color must be gray

with yellow top to identify that it contains

used CFC–12 refrigerant. It must be

permanently marked on the outside surface

in black print at least 20 mm high ‘‘DIRTY

R–12—DO NOT USE, MUST BE

REPROCESSED’’.
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21689

6.3.2 The portable refillable container

shall have a SAE 3/8 inch flare male thread

connection as identified in SAE J639 CFC–12

High Pressure Charging Valve Figure 2.

6.3.3 During operation the equipment

shall provide overfill protection to assure

that the storage container liquid fill does not

exceed 80% of the tank’s rated volume at

21°C per DOT standard, CFR Title 49, section

173.304 and the American Society of

Mechanical Engineers.

6.4 Additional Storage Tank

Requirements.

6.4.1 The cylinder valve shall comply

with the standard for cylinder valves, UL

1769.

6.4.2 The pressure relief device shall

comply with the pressure relief device

standard part 1, CGA pamphlet S–1.1.

6.4.3 The container assembly shall be

marked to indicate the first retest date, which

shall be 5 years after date of manufacture.

The marking shall indicate that retest must

be performed every subsequent five years.

The marking shall be in letters at least 6 mm

high.

6.5 All flexible hoses must meet SAE

J2196 standard for service hoses.

6.6 Service hoses must have shutoff

devices located within 30 cm of the

connection point to the system being

serviced to minimize introduction of

noncondensable gases into the recovery

equipment during connection and the release

of the refrigerant during disconnection.

6.7 The equipment must be able to

separate the lubricant from the recovered

refrigerant and accurately indicate the

amount removed from the system during

processing in 30 ml units.

6.7.1 The purpose of indicating the

amount of lubricant removed is to ensure that

a proper amount is returned to the mobile

air-conditioning system for compressor

lubrication.

6.7.2 Refrigerant dissolved in this

lubricant must be accounted for to prevent

system lubricant overcharge of the mobile

air-conditioning system.

6.7.3 Only new lubricant, as identified by

the system manufacturer, should be replaced

in the mobile air-conditioning system.

6.7.4 Removed lubricant from the system

and/or the equipment shall be disposed of in

accordance with applicable federal, state and

local procedures and regulations.

6.8 The equipment must be capable of

continuous operation in ambient

temperatures of 10°C to 49°C and comply

with 6.1.

6.9 The equipment should be compatible

with leak detection material that may be

present in the mobile air-conditioning

system.

7.0 For test validation, the equipment is

to be operated according to the

manufacturer’s instructions.

[FR Doc. 95–10622 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P