[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]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
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
