`[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21682-21689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10622]




[[Page 21681]]

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Part III





Environmental Protection Agency





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40 CFR Part 82



Motor Vehicle Air Conditioners and Protection of Stratospheric Ozone; 
Final Rule

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

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.
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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 on-site, and equipment that only recovers 
refrigerant. The refrigerant from recover-only 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 Sec. 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 Sec. 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 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 [[Page 21683]] 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 
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, 
[[Page 21684]] 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 recover-recycle 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 Air-conditioning 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 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 [[Page 21685]] 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 
recover-only 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 Sec. 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 Sec. 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 recover-only 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, (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 [[Page 21686]] 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 recover-only 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 Sec. 82.38(b) 
with respect to recover-only equipment, the Agency has approved UL and 
ETL to certify recover-only 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 Sec. 82.38. The Agency reserves the right to 
revoke approval if the testing organization violates any of the 
requirements contained in Sec. 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 recover-recycle 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 recover-only 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 in SAE J1990, J1989 requires safeguards to 
prevent outgassing. [[Page 21687]] 

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 air-
conditioning, 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:


Sec. 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 Air-conditioning 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:


Sec. 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 off-site 
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 Air-Conditioning 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:


Sec. 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 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    (b) * * *
    (1) * * * (i) * * *
    (ii) * * *
    [[Page 21688]]
    
    (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:


Sec. 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:


Sec. 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 air-conditioning systems to eliminate system venting 
during service operations. SAE J1990 establishes equipment 
specifications for on-site recovery and reuse of CFCs in mobile air-
conditioning 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 air-conditioning 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 
Air-Conditioning 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 air-conditioning 
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 deg.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 deg.C. Contaminated CFC-12 samples shall be processed at 
ambient temperatures of 10 and 49 deg.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 deg.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''.
    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. [[Page 21689]] 
    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 deg.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 deg.C to 49 deg.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`