[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Rules and Regulations]
[Pages 14608-14610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6750]




[[Page 14607]]

_______________________________________________________________________

Part IX





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 82



Protection of Stratospheric Ozone; Refrigerant Recycling; Final Rule 
and Proposed Rule

Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules 
and Regulations 
[[Page 14608]] 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5174-5]


Protection of Stratospheric Ozone; Refrigerant Recycling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: Through this action EPA is amending the Clean Air Act section 
608 refrigerant recycling regulations to extend the effectiveness of 
the refrigerant purity requirements at Sec. 82.154(g) and (h), which 
are currently scheduled to expire on May 15, 1995, only until March 18, 
1996 or until EPA can complete rulemaking to adopt new refrigerant 
purity requirements based on industry guidelines, whichever comes 
first. EPA is extending the requirements in response to requests from 
the air-conditioning and refrigeration industry in order to avoid 
widespread contamination of the stock of chlorofluorocarbon (CFC) and 
hydrochlorofluorocarbon (HCFC) refrigerants, which could result from 
the lapse of the purity standard. Such contamination would cause 
extensive damage to air-conditioning and refrigeration equipment, 
release of refrigerants, and refrigerant shortages with consequent 
price increases.
    In the proposed rules section of today's Federal Register, EPA is 
proposing to extend the effectiveness of the refrigerant purity 
requirements at Sec. 82.154(g) and (h) and soliciting public comment on 
this extension. If adverse comments are received on this direct final 
rule, EPA will withdraw the direct final rule and address the comments 
received in a subsequent final rule on the related proposed rule. No 
additional opportunity for public comment on the extension will be 
provided.

DATES: This final action will become effective on May 16, 1995 unless 
EPA is notified by April 17, 1995 that any person wishes to submit 
adverse comment. If such notification is received and EPA withdraws 
this direct final rule, then timely notice will be published in the 
Federal Register.

ADDRESSES: Comments and materials supporting this rulemaking are 
contained in Public Docket No. A-92-01, Waterside Mall (Ground Floor) 
Environmental Protection Agency, 401 M Street SW., Washington, DC 20460 
in room M-1500. Dockets may be inspected from 8:00 a.m. until 5:30 
p.m., Monday through Friday. A reasonable fee may be charged for 
copying docket materials. Those wishing to notify EPA of their intent 
to submit adverse comments on this action should contact Deborah 
Ottinger, 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-92-01 
VIII.F.) (202) 233-9149.

FOR FURTHER INFORMATION CONTACT: Section 608 Recycling Program Manager, 
Program Implementation Branch, Stratospheric Protection Division, 
Office of Atmospheric Programs, Office of Air and Radiation (6205-J), 
401 M Street SW., Washington, DC 20460. The Stratospheric Ozone 
Information Hotline at 1-800-296-1996 can also be contacted for further 
information.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. Overview
II. Background
III. Today's Action
IV. Effective Date
V. Summary of Supporting Analysis
VI. Judicial Review

I. Overview

    Paragraphs 82.154 (g) and (h) of 40 CFR Part 82, subpart F set 
requirements for sale of used refrigerant, mandating that it meet 
certain purity standards. These requirements will expire on May 15, 
1995. EPA is currently in the process of adopting new, less 
restrictive, refrigerant purity requirements based on industry 
guidelines, but will be unable to complete the rulemaking prior to the 
expiration of the existing standards. A lapse in the standards could 
result in widespread contamination of the stock of CFC and HCFC 
refrigerants. Such contamination would cause extensive damage to air-
conditioning and refrigeration equipment, release of refrigerants, and 
refrigerant shortages with consequent price increases. Release of CFC 
and HCFC refrigerants has been found to deplete stratospheric ozone, 
resulting in increased human and environmental exposure to ultraviolet 
radiation. Increased exposure to ultraviolet radiation in turn causes 
increased incidence of certain skin cancers and cataracts, suppression 
of the immune system, damage to plants (including crops and aquatic 
organisms), and increased formation of ground-level ozone. To avoid 
these results, EPA is acting on requests from the air-conditioning and 
refrigeration industry to extend the effectiveness of the current 
refrigerant purity requirements, only until EPA can complete rulemaking 
to adopt the new requirements.

II. Background

    On May 14, 1993, EPA published final regulations establishing a 
recycling program for ozone-depleting refrigerants recovered during the 
servicing and disposal of air-conditioning and refrigeration equipment 
(58 FR 28660). These regulations include evacuation requirements for 
appliances being serviced or disposed of, standards and testing 
requirements for used refrigerant sold to a new owner, certification 
requirements for refrigerant reclaimers, and standards and testing 
requirements for refrigerant recycling and recovery equipment.
    When EPA promulgated the final rule, the Agency noted that further 
rulemaking would probably be required to address some issues that had 
been raised during the comment period on the proposed rule (57 FR 
58644). One of these issues was whether a standard for used refrigerant 
could be developed that would protect air-conditioning and 
refrigeration equipment, but would allow technicians to clean 
refrigerant themselves, rather than sending the refrigerant to an off-
site reclaimer.
    The final rule published on May 14, 1993, requires that refrigerant 
sold to a new owner be reclaimed to the ARI 700 Standard of purity by a 
certified reclaimer (Sec. 82.154 (g) and (h) referencing standard in 
Secs. 82.152(r) and 82.164). As discussed in the final rule, this 
requirement was intended to protect the purity of used refrigerant in 
order to prevent damage to air-conditioning and refrigeration equipment 
from use of contaminated refrigerant. Equipment damage from 
contaminated refrigerant would result in costs to equipment owners, in 
releases of refrigerant from damaged equipment through increased 
leakage, servicing and replacement, and in reduction in consumer 
confidence in the quality of used refrigerant. This reduction in 
consumer confidence could in turn lead to release of refrigerant that 
was presumed to be contaminated (and therefore harmful to equipment), 
depleting stratospheric ozone, decreasing the limited supply of 
refrigerants, and forcing the premature retirement or retrofit of CFC 
or HCFC equipment (58 FR 28678).
    Although the reclamation requirements at Sec. 82.154 (g) and (h) 
would clearly protect equipment, EPA believed that a less stringent but 
still effective requirement could be developed, particularly for 
refrigerant transferred between owners whose equipment was similar and 
was serviced [[Page 14609]] by the same contractor. However, the only 
existing refrigerant purity standard at the time EPA promulgated the 
rule was ARI 700, and the only agreed upon means of enforcing it was by 
limiting sale of used refrigerant to only certified reclaimers.
    In order to encourage industry to explore the possibility of 
developing less stringent but still effective standards and 
technologies for purifying refrigerant, EPA adopted a commenter's 
suggestion that the Agency establish an expiration date, or ``sunset,'' 
for the reclamation requirement. EPA accordingly made the reclamation 
requirements at Sec. 82.154 (g) and (h) effective until May 15, 1995, 
two years after publication of the final rule. EPA believed that this 
two-year period would be sufficient for industry to develop new 
guidelines for reuse of refrigerant and for EPA to complete a 
rulemaking to adopt them (58 FR 28679).
    In December, 1994, a committee representing a wide range of 
interests within the air-conditioning and refrigeration industry 
published Industry Recycling Guide (IRG-2): Handling and Reuse of 
Refrigerants in the United States. This document establishes 
requirements and recommendations for the reuse of refrigerant in a 
number of different situations, including refrigerant transfers on the 
open market and between equipment owned by different people but 
serviced by the same contractor. EPA believes that these requirements 
would protect air-conditioning and refrigeration equipment while 
permitting technicians, contractors, and equipment owners more 
flexibility than the current requirements, and EPA is pursuing 
rulemaking to adopt the IRG-2 requirements as soon as possible. 
However, EPA does not believe that it will have an opportunity to 
develop and publish a proposed rule, take public comment, and develop 
and publish a final rule between now and May 15, 1995, when the current 
reclamation requirements will expire.
    Representatives of the air-conditioning and refrigeration industry 
have expressed concern that such a lapse in refrigerant purity 
requirements would result in a number of problems, including sloppy 
handling of refrigerant and dumping of contaminated refrigerant on the 
market. These problems would in turn result in significant damage to 
equipment, release of refrigerant, and aggravated refrigerant 
shortages.
    Currently, the reclamation requirement encourages careful handling 
of refrigerant, because refrigerant that is irretrievably contaminated 
(for instance through mixture with other refrigerants) will not be 
accepted by any reclaimer, rendering it worthless. However, if this 
check is removed, sloppy handling may become widespread. This would not 
only lead to damage to equipment, but to the permanent loss of part of 
the stock of pure refrigerant through refrigerant mixture. Even in the 
best case in which the mixed refrigerant was properly disposed of, the 
limited supply of refrigerant would thereby be further reduced, 
necessitating more retrofit or replacement of existing equipment. 
Unfortunately, it is likely that the mixed refrigerant would often be 
used in air-conditioning and refrigeration equipment or vented rather 
than properly disposed of.
    The possibility of widespread dumping of refrigerant on the market 
has been raised by reports that contractors and ``recyclers'' are 
stockpiling used refrigerant. In some cases, dumping dirty refrigerant 
on the market might be attractive simply because it enables the seller 
of refrigerant to avoid the costs of reclamation; in others, it might 
be attractive because the refrigerant is unreclaimable and therefore 
worthless if analyzed or sent to a reclaimer. (In fact, in the latter 
situation the refrigerant is worse than worthless, because the owner of 
the refrigerant must actually pay to have the refrigerant properly 
disposed of.) In either situation, such dumping would lead to 
widespread equipment damage. This concern is exacerbated by the date on 
which the current reclamation requirements are scheduled to expire: May 
15 falls at the beginning of the summer, when there is heavy demand for 
refrigerant.

III. Today's Action

    In response to these concerns, EPA is extending the effectiveness 
of the current reclamation requirements until the Agency can adopt 
replacement requirements. It was never EPA's intent to leave air-
conditioning and refrigeration equipment and refrigerant supplies 
unprotected by a purity standard, but only to replace the existing 
standard with a more flexible standard when that was developed. As 
discussed above, EPA is currently undertaking rulemaking to adopt a 
more flexible standard and anticipates publishing a proposal by mid to 
late summer of this year.

IV. Effective Date

    This final action will become effective on May 16, 1995 unless EPA 
is notified by April 17, 1995 that any person wishes to submit adverse 
comment. If such notification is received and EPA withdraws this direct 
final rule, then timely notice will be published in the Federal 
Register.

V. Summary of Supporting Analysis

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 amendment to the 
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.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-602, 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).
    EPA believes that this amendment will have negligible impact on the 
regulated community because it simply extends an existing requirement. 
This requirement itself is expected to result in significant private 
savings due to avoided damage to air-conditioning and refrigeration 
equipment and [[Page 14610]] preservation of a stock of pure 
refrigerant to continue servicing equipment. An examination of the 
impacts of the section 608 rule as a whole on small entities was 
discussed in the final rule (58 FR 28660). That final rule assessed the 
impact the rule may have on small entities. A separate regulatory 
impact analysis accompanied the final rule and is contained in Docket 
A-92-01. I certify that this amendment to the refrigerant recycling 
rule will not have any additional negative economic impacts on any 
small entities.

C. Paperwork Reduction Act

    Any information collection requirements in a rule must be submitted 
for approval to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Because no additional 
informational collection requirements are required by this amendment, 
EPA has determined that the Paperwork Reduction Act does not apply to 
this rulemaking and no new Information Collection Request document has 
been prepared.

VI. Judicial Review

    Because these regulations are nationally applicable under section 
307(b)(1) of the Act, judicial review of this action is available only 
by the filing of a petition for review in the United States Court of 
Appeals for the District of Columbia Circuit within sixty days of 
publication of this action in the Federal Register.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Chlorofluorocarbons, 
Hydrochlorofluorocarbons, Interstate commerce, Reporting and 
recordkeeping requirements, Stratospheric ozone layer.

    Dated: March 14, 1995.
Carol M. Browner,
Administrator.

    Part 82, chapter I, title 40, of the code of Federal Regulations, 
is amended to read as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

    1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

    2. Section 82.154 is amended by revising paragraphs (g) and (h) to 
read as follows:


Sec. 82.154  Prohibitions.

* * * * *
    (g) Effective May 16, 1995 until March 18, 1996, no person may sell 
or offer for sale for use as a refrigerant any class I or class II 
substance consisting wholly or in part of used refrigerant unless:
    (1) The class I or class II substance has been reclaimed as defined 
at Sec. 82.152(r);
    (2) The class I or class II substance was used only in an MVAC or 
MVAC-like appliance and is to be used only in an MVAC or MVAC-like 
appliance; or
    (3) The class I or class II substance is contained in an appliance 
that is sold or offered for sale together with the class I or class II 
substance.
    (h) Effective May 16, 1995 until March 18, 1996, no person may sell 
or offer for sale for use as a refrigerant any class I or class II 
substance consisting wholly or in part of used refrigerant unless:
    (1) The class I or class II substance has been reclaimed by a 
person who has been certified as a reclaimer pursuant to Sec. 82.164;
    (2) The class I or class II substance was used only in an MVAC or 
MVAC-like appliance and is to be used only in an MVAC or MVAC-like 
appliance; or
    (3) The class I or class II substance is contained in an appliance 
that is sold or offered for sale together with the class I or class II 
substance.
* * * * *
[FR Doc. 95-6750 Filed 3-16-95; 8:45 am]
BILLING CODE 6560-50-P