[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20169]
[[Page Unknown]]
[Federal Register: August 19, 1994]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 82
Protection of Stratospheric Ozone; Regrigerant Recycling; Final Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5051-2]
Protection of Stratospheric Ozone; Refrigerant Recycling
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rulemaking.
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SUMMARY: Through this action EPA is amending the Refrigerant Recycling
Regulations. This action is being undertaken by EPA to amend specific
portions of the published text, including the definitions, required
practices, and the reporting and recordkeeping requirements; to adopt
recently amended industry standards; and to clarify the meaning and
applicability of various terms. This action will affect the sellers of
refrigerant, aid the affected community, and may provide relief to
certain segments of the affected community.
DATES: This final action will become effective on October 18, 1994
unless EPA is notified by September 19, 1994 that any person wishes to
submit adverse comment. Should EPA receive such notice, EPA will
publish one subsequent action in the Federal Register to withdraw this
final action and another action proposing this action and requesting
comments. In such a case, following a public comment period, the Agency
will draft the final regulation to be published in the Federal
Register. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register
as of October 18, 1994.
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 a.m. until 4
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 Cynthia
Newberg, 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
B. (202) 233-9729.
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. Refrigerant Recycling Regulations
II. Revisions to the Refrigerant Recycling Regulations
A. Definitions
1. Technician
2. Adoption of Standard Based on ARI 700-1993 in Definition of
``Reclaim''
B. Prohibitions
1. Sale of Used Appliances Without Service Apertures
2. Exceptions to Prohibition on Sale of Unreclaimed Refrigerant
C. Required Practices
1. Exception for Leaky Appliances to Evacuation Requirements at
Disposal
2. Use of Nitrogen to Pressurize-113 Appliances for Non-major
Repairs
3. Requirements for Recovery Using New Recovery Technologies
4. Availability of Certified Recycling and Recovery Equipment to
Persons Disposing of MVACs and MVAC-like Appliances
5. Exemption for Pump-out Units from 15-pound Limit for System-
Dependent Equipment
6. Applicability Solely to Equipment Containing More Than 50
Pounds of Refrigerant of Leak Repair and Associated Recordkeeping
Requirements
D. Equipment Certification
1. Measurement of Recovery Rates
E. Technician Certification
F. Reporting and Recordkeeping Requirements
1. Sales Restriction--Effective Date for Recordkeeping
2. Proof of Employment of Certified Personnel
G. Appendix A
H. Appendix B
I. Appendix D
J. Removal of Parenthetical Statements
III. Effective Dates
IV. Summary of Supporting Analysis
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
V. Judicial Review
I. Refrigerant Recycling Regulations
Final regulations published on May 14, 1993 (58 FR 28660) establish
a recycling program for ozone-depleting refrigerants recovered during
the servicing and disposal of air-conditioning and refrigeration
equipment. Together with the prohibition on venting during the
maintenance, service, repair, and disposal of class I and class II
substances (see the listing notice January 22, 1991; 56 FR 2420) that
took effect on July 1, 1992, these regulations should substantially
reduce the emissions of ozone-depleting refrigerants. The regulations
require that persons servicing air-conditioning and refrigeration
equipment observe certain service practices that reduce emissions, and
establish equipment and reclamation certification requirements, as well
as a technician certification requirement. A sales restriction on the
sale of refrigerant was also established by the final regulations. As
of November 14, 1994, only certified technicians will legally be
authorized to purchase refrigerant.\1\ In addition, the final
regulations established a leak repair requirement for equipment that
normally holds a refrigerant charge of fifty pounds or more. Finally,
the regulations require that ozone-depleting compounds contained in
appliances be removed prior to disposal of the appliances, and that all
air- conditioning and refrigeration equipment, except for small
appliances, be provided with a servicing aperture that will facilitate
recovery of refrigerant.
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\1\It should be noted that EPA has recently proposed to extend
this date for technicians that have been trained, tested, and
approved by an organization requesting to be grandfathered under
Sec. 82.161(g). (See Federal Register published 8/15/94).
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II. Revisions to the Refrigerant Recycling Regulations
Through this action EPA is promulgating several minor changes to
the final rule. Below is a description of each change to the regulatory
text that appeared in the Federal Register on May 14, 1993.
A. Definitions
1. Technician
Section 82.152(x) defines a ``technician'' for purposes of the
refrigerant recycling rule. A technician is a person who provides
maintenance, service or repair that could reasonably be expected to
release ozone-depleting substances through those actions. Section
82.152(x) includes in the definition of ``technician'' a person who
disposes of appliances, but does not include any person disposing of
small appliances. In excluding such persons, EPA considered the nature
of work associated with recovering refrigerants from small appliances
prior to disposal, the affected workforce, and any environmental damage
that could result from emissions during disposal.
In drafting the final rule, EPA left out motor vehicle air
conditioners (MVAC)\2\ and MVAC-like equipment\3\ in exempting
certification of technicians disposing of certain types of equipment.
Disposal of MVACs and MVAC-like appliances is similar in many ways to
the disposal of small appliances. EPA distinguishes between large
equipment that is dismantled on-site and portable equipment that may
enter the waste stream with its refrigerant charge still intact because
of the differences between the two types of equipment once they reach
the end of their useful lives. Large equipment dismantled on-site must
have refrigerant removed as part of the dismantling process because
there is no other option that will result in successful recovery of
refrigerant. This large equipment cannot enter the waste stream with
the charge intact, while more portable small appliances, MVACs, and
MVAC-like equipment frequently does enter the waste stream with the
charge intact.
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\2\Regulations concerning MVAC appliances were promulgated under
section 609 and published in the Federal Register on July 14, 1992
(57 FR 31241).
\3\MVAC-like equipment is defined in Sec. 82.152(1) as the
mechanical vapor compression, open-drive compressor appliances used
to cool the driver's or passenger's compartment of a non-road motor
vehicle. This includes the air-conditioning equipment on
agricultural or construction vehicles. This definition is not
intended to cover appliances using HCFC-22 refrigerant.
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In regulations promulgated under section 608, EPA discussed the
differences between the disposal sector and the servicing sector. (See
58 FR 28705.) EPA noted that unlike the servicing sector, the disposal
sector does not reintroduce refrigerant to equipment, after removal.
Refrigerant is merely being removed, usually after the appliances have
been removed from operation. This removal may occur at any stage either
before it enters the waste stream or once in the waste stream.
Since the types of recover-only processes used with small
appliances, MVACs, and MVAC-like equipment tend to be relatively
straight-forward and a simpler task than recycling or the recovery of
refrigerant from larger types of appliances, EPA did not require the
certification of technicians disposing of small appliances. Since the
circumstances for disposing of small appliances is quite similar to the
circumstances for disposing of MVACs and MVAC-like equipment, EPA
believes it is appropriate to revise the definition of ``technician''
to exclude any person disposing of MVAC and MVAC-like equipment. The
revised definition will consequently read as follows: ``Technician
means any person who performs maintenance, service, or repair that
could reasonably be expected to release class I or class II substances
from appliances into the atmosphere, including but not limited to
installers, contractor employees, in-house service personnel, and in
some cases, owners. Technician also means any person disposing of
appliances except for small appliances, MVACs, and MVAC-like
equipment.''
2. Adoption of Standard Based on ARI 700-1993 in Definition of
``Reclaim''
Section 82.152(q) defines ``reclaim'' to mean ``to reprocess
refrigerant to at least the standard of purity specified in the ARI
Standard 700-1988, Specifications for Fluorocarbon Refrigerants.'' A
standard based closely on ARI 700-1988 is included in the rule as
Appendix A. During the comment period on the proposed Sec. 608
refrigerant recycling rule, the Air-Conditioning and Refrigeration
Institute had requested that EPA adopt a standard based on ARI 700-
1993, which is an updated version of ARI 700-1988. ARI described the
differences between ARI 700-1988 and ARI 700-1993 during the public
hearing and submitted a draft version of the updated standard, which
was included in the public docket for the rule.
The updated standard included changes in three areas:
1. ARI 700-1993 included purity standards for eleven additional
refrigerants: R-23, R-32, R-123, R-124, R-125, R-134a, R-143a, R-
401(A), R-401(B), R-402(A), and R-402(B).
2. Liquid phase contaminant water levels were increased from 10ppm
in ARI 700-1988 to 20ppm in ARI 700-1993 for R-11 and R-113 only.
3. Where 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.'' The inclusion of organic impurities
other than refrigerants in the limit effectively tightens the standard,
and at the same time, the change from 0.5 to 0.50 reduces the tolerance
of the standard by a factor of ten. (Thus, while a sample containing
0.54 percent other refrigerants would have met the old standard, only a
sample containing 0.504 percent (or less) other organic impurities
would meet the new standard.)
Although all the comments received by EPA regarding adoption of the
updated standard were favorable, the standard was not included in the
final rule because it was not finalized by the time the final rule was
published. (See 58 FR 28679 for a discussion of this issue in the final
rule.) An appendix to the standard specifying procedures for analyzing
refrigerant was undergoing a lengthy process of peer review, which is
now complete. Because the final standard is substantially identical to
the draft that was included in the docket for comment, and because EPA
agrees with commenters that the changes to the standard are appropriate
and necessary, EPA is changing the definition of ``reclaim'' to refer
to ARI 700-1993, and is replacing the standard based on ARI 700-1988
with a standard based on ARI 700-1993 as appendix A. EPA is also
replacing references to ARI 700-1988 with references to ARI 700-1993 in
its reclaimer certification program.
Because section 608 of the Act does not give EPA the authority to
regulate refrigerants that do not contain class I or class II
substances until November, 1995, EPA is not adopting the purity
standards of ARI 700-1993 that apply to refrigerants that do not
contain CFCs or HCFCs. Thus, EPA is not adopting purity requirements
for HFC-23, HFC-32, HFC-125, HFC-134a, or HFC-143a at this time. (ARI
and other standard-setting organizations remain free, of course, to
adopt and observe purity requirements for these refrigerants.) However,
the purity requirements for CFC and HCFC refrigerants (including blends
that contain either CFCs or HCFCs along with non-ozone-depleting
components) in appendix A are identical to the purity requirements for
CFC and HCFC refrigerants in ARI 700-1993.
EPA would like to clarify that since it is not possible to return a
refrigerant to a standard of purity if no standard of purity is
specified for that refrigerant, refrigerants that are not covered by
appendix A need not be reclaimed under this regulation.
B. Prohibitions
1. Sale of Used Appliances Without Service Apertures
Section 82.154(j) and Sec. 82.154(k) are prohibitions against the
sale and distribution, or offer for sale and distribution of any
appliance, unless such equipment is equipped with either a service
aperture or, for small appliances, with a process stub, to facilitate
the removal of refrigerant. EPA would like to clarify that for the
purposes of these prohibitions, EPA will interpret sale, distribution,
or offer of sale or distribution as not referring to the sale of used
products. Sale of used products means a sale or distribution by a
person after a period of use other than demonstration use. The Agency
recognizes that there is a market for the sale of used air conditioners
and refrigerators. Restricting the resale of such used durable goods
before the end of their productive lifetimes would provide little, if
any, environmental benefit. Indeed, the introduction of a service
aperture may lead to unintentional releases by weakening the
refrigeration circuit. Because requiring these goods to be retrofitted
prior to resale would impose significant economic hardship on a great
many consumers without providing significant environmental benefits,
EPA does not believe it is necessary to ban their resale. Consequently,
while EPA's interpretation of sale and distribution or offer for sale
and distribution is such that the entire chain of sale and distribution
from the manufacturer of a new product to its ultimate consumer is
included, the Agency recognizes that in the case of durable consumer
goods, resale of the product to additional consumers may occur after
the original sale or distribution of the new product to the ultimate
consumer after some period of use by the original ultimate consumer. In
such cases, EPA will not prohibit the sale of these used products.
2. Exceptions to Prohibition on Sale of Unreclaimed Refrigerant
Prohibitions Secs. 82.154(g) and 82.154(h) currently prohibit the
sale of used refrigerant that has not been reclaimed by a certified
reclaimer. EPA intended to exclude two classes of used refrigerant from
this prohibition: refrigerant that was and is to be used only in an
MVAC or MVAC-like appliance, and refrigerant that is contained in an
appliance that is sold or offered for sale together with the
refrigerant. The section 609 refrigerant recycling rule, which covers
MVACs, explicitly recognizes and permits the transfer of refrigerant
between MVACs owned by different persons if that refrigerant is: (1)
Recovered from an MVAC and returned to an MVAC by a single service
entity; and (2) recycled to meet the SAE J1991 standard.\4\ (This
provision of the section 609 rule, which is contained in the definition
of ``properly using'' recycling and recovery equipment, also covers
MVAC-like appliances pursuant to Sec. 82.156(a)(5).) Because this
standard is not as stringent as the standard that reclaimed refrigerant
must meet in the section 608 refrigerant recycling rule, refrigerant
that only meets this standard cannot be considered reclaimed. Thus,
such refrigerant cannot be sold under the section 608 rule. However,
EPA did not intend to reverse the position that it took in the section
609 rule regarding the transfer of refrigerant between MVACs owned by
different people. For instance, one of the primary arguments made in
support of the reclamation requirement in the section 608 rule, that no
less stringent recycling standard currently exists (58 FR 28679),
clearly does not apply to MVACs and MVAC-like appliances, which are
governed by the less stringent SAE J1991 standard. EPA is therefore
amending the prohibitions to exclude the sale of refrigerant
transferred between MVACs or MVAC-like appliances.
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\4\The preamble to the section 609 rule states, ``service
establishments owned by a single owner may recover refrigerant and
send the refrigerant to a central location for recycling to the SAE
J1991 standard for CFC-12'' (57 FR 31246).
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Another primary argument made in support of the reclamation
requirement, that transfer of refrigerant between different owners can
contaminate appliances, clearly does not apply to refrigerant that
changes ownership solely because it is contained in an appliance that
changes ownership. If refrigerant remains within a single appliance, it
obviously cannot introduce contaminants into another appliance. Thus,
EPA is also amending the prohibition to exclude the sale of refrigerant
that is contained in an appliance that is sold or offered for sale
together with the refrigerant.
C. Required Practices
1. Exception for Leaky Appliances to Evacuation Requirements at
Disposal
Section 82.156(a)(2)(ii) establishes an exception to the evacuation
requirements for appliances undergoing maintenance, service, or repair.
The paragraph reads:
If, due to leaks in the appliance, evacuation to the levels in
Table 1 is not attainable, or would substantially contaminate the
refrigerant being recovered, persons opening the appliance must:
(A) Isolate leaking from non-leaking components wherever possible;
(B) Evacuate non-leaking components to be opened to the levels
specified in Table 1; and
(C) Evacuate leaking components to be opened to the lowest level
that can be attained without substantially contaminating the
refrigerant. In no case shall this level exceed 0 psig.
Through an accidental omission, the requirements in
Sec. 82.156(a)(3) for evacuating appliances at disposal contain no
exception for leaky appliances, although the rationale for such an
exception at disposal is identical to the rationale for the exception
at maintenance, service, or repair. That is, leaks in the appliance may
permit air to enter the appliance as the internal pressure of the
appliance is lowered, contaminating the refrigerant being recovered and
making it impossible to attain the required vacuum. EPA is therefore
adding an exception for leaky appliances to the evacuation requirements
at disposal. This exception is identical to that at maintenance,
service, and repair.
2. Use of Nitrogen to Pressurize -113 Appliances for Non-Major Repairs
Section 82.156(a)(2)(B) prohibits the use of nitrogen to pressurize
low-pressure appliances for non-major repairs. In including this
prohibition in the rule, EPA intended to encourage the use of
pressurization methods that do not require subsequent purging, such as
heating of the evaporator and/or condenser. However, while heat can be
safely used to pressurize appliances utilizing CFC-11 and HCFC-123 to
atmospheric pressure, heat alone is not a practical or safe method for
pressurizing appliances utilizing CFC-113 because the temperatures
required to raise the pressure of CFC-113 to atmospheric pressure are
quite high (117.6 deg.F for CFC-113 vs. 74.7 deg.F for CFC-11). Thus,
for refrigerants with boiling points above 85 deg.F, EPA is now
requiring that heat be used to raise the internal pressure of the
appliance as much as possible, but is permitting nitrogen to be
introduced to meet the remaining pressure requirements.
Contrary to popular perception, EPA has never prohibited the use of
nitrogen to pressurize systems for purposes of a leak check (because
leak checking does not involve ``opening'' of the appliance), although
the Agency encourages the use of heat, rather than nitrogen, to
pressurize systems whenever possible. Thus, it has been and remains
acceptable to introduce nitrogen into an appliance utilizing CFC-113
for purposes of a leak check. EPA recommends that heat be the primary
method used to raise the internal pressure of appliances containing
CFC-113 as much as possible for checking leaks, and that nitrogen be
introduced to meet the remaining pressure requirements.
3. Requirements for Recovery Using New Recovery Technologies
In Sec. 82.158(b)(2), EPA provided for the certification of
recycling and recovery equipment whose recovery efficiency cannot be
tested according to the procedures in ARI 740-1993, which measure
levels of evacuation. The rule states that this new equipment may be
certified if an approved third-party testing organization adopts and
performs a test that demonstrates, to the satisfaction of the
Administrator, that the recovery efficiency of the new equipment is
equal to or better than that of equipment that: (i) Is intended for use
with the same type of appliance; and (ii) achieves the level of
evacuation in Table 2 of the rule. As discussed in the preamble to the
final rule (58 FR 28689), EPA's goal in including this provision was to
avoid unnecessary delay in the certification, marketing, and use of new
recovery technologies that do not operate by drawing vacuums.
However, EPA inadvertently neglected to include a provision in the
required practices section (82.156) that would permit the use of
recovery technologies that do not operate by drawing vacuums. EPA is
therefore adding a provision, Sec. 82.156(a)(2)(iii), that permits the
use of equipment certified pursuant to Sec. 82.158(b)(2), as long as
users of this equipment follow the manufacturer's directions for
achieving the required recovery efficiencies. EPA will make the
development of and compliance with such directions part of the process
for certifying new recovery technologies under Sec. 82.158(b)(2).
4. Availability of Certified Recycling and Recovery Equipment to
Persons Disposing of MVACs and MVAC-Like Appliances
Section 82.156(b) currently requires that: All persons opening
appliances except for small appliances and MVACs for maintenance,
service, or repair and all persons disposing of appliances except for
small appliances must have at least one piece of certified, self-
contained recovery equipment available at their place of business.
EPA inadvertently omitted three items from this paragraph. First,
certified, self-contained recycling equipment should have been listed
along with certified, self-contained recovery equipment as equipment
that would meet this requirement. In all other sections of the rule,
recycling and recovery equipment are treated identically, and EPA did
not intend to treat them differently here. Therefore, EPA is inserting
``or recycling'' between ``recovery'' and ``equipment'' in
Sec. 82.156(b).
Second, persons disposing of MVACs and MVAC-like appliances should
have been excluded along with persons disposing of small appliances
from the requirement to have one piece of certified, self-contained
recovery or recycling equipment available at their place of business.
EPA clearly intended to exclude these persons from this requirement
because it excludes recovery and recycling equipment used to dispose
MVACs and MVAC-like equipment from third-party certification
requirements. (See the final rule preamble at 58 FR 28705,
Secs. 82.158(a) and 82.158(l).) Therefore, EPA is inserting ``MVACs, or
MVAC-like appliances'' after ``all persons disposing of appliances
except for small appliances,'' excluding all three groups from the
requirement to have certified recovery or recycling equipment available
at their place of business.
Third, EPA intended to exempt persons who own appliances containing
pump-out units and who maintain, service, repair, or dispose of only
these appliances from the above requirement. The requirement was
intended to ensure that persons who used small, portable system-
dependent recovery equipment to service appliances also had self-
contained equipment available in the event the appliance compressor was
not operational. In general, such small, self-contained recovery
equipment is not prohibitively expensive, particularly if it is to be
used for a large number of jobs. However, the requirement may also
affect owners of chillers, which are frequently equipped with built-in
pump-out units that are used for the recovery of large quantities of
refrigerant. Because system compressors may be used to move the
refrigerant into the pump-out unit in some cases, these units may be
considered ``system-dependent'' in those cases.\5\ While small self-
contained recovery devices are relatively inexpensive, larger self-
contained recovery devices may be prohibitively costly for persons who
own and service a limited number of chillers. Moreover, instead of
purchasing large recovery devices, owners of chillers may contract out
the recovery procedure if the built-in unit is not capable of meeting
the applicable evacuation requirements. EPA did not intend to require
such owners to purchase expensive equipment when this less costly
remedy exists. Thus, EPA is adding a sentence to make this exemption
explicit. However, persons exempted from Sec. 82.156(b) are still
required to meet the other applicable requirements of Sec. 82.156
(e.g., evacuation requirements).
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\5\EPA understands that in general, pump-out units on chillers
are equipped with their own pumps or compressors, which are not used
during the operation of the appliance. Pump-out units equipped with
their own compressors would not be considered system-dependent
recovery equipment. On the other hand, system receivers, which are
not equipped with their own compressors, would not be considered
recovery equipment at all because they are an integral part of the
appliance.
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5. Exemption for Pump-out Units From 15-pound Limit for System-
Dependent Equipment
Section 82.156(c) prohibits the use of system-dependent equipment
with appliances normally containing more than 15 pounds of refrigerant.
This prohibition was intended to cover small, portable system-dependent
equipment, which is not designed for the recovery of large quantities
of refrigerant. As noted above, however, some large chillers are
equipped with built-in pump-out units that could also be considered
``system-dependent equipment,'' but that are designed to be used for
the recovery of large quantities of refrigerant. EPA did not intend to
prohibit the use of such pump-out units for recovery. Thus, EPA is
revising Sec. 82.156(c) to read ``System-dependent equipment shall not
be used with appliances normally containing more than 15 pounds of
refrigerant, unless the system-dependent equipment is permanently
attached to the appliance as a pump-out unit.''
6. Applicability Solely to Equipment Containing More Than 50 Pounds of
Refrigerant of Leak Repair and Associated Recordkeeping Requirements
Section 82.156(i), the leak repair requirement, contains two
subparagraphs that apply to owners of different types of equipment. The
first subparagraph, Sec. 82.156(i)(1), applies to ``owners of
commercial refrigeration and industrial process refrigeration,''
specifying no lower size limit for covered equipment. The second
subparagraph, Sec. 82.156(i)(2), applies to ``owners of appliances
normally containing more than 50 pounds of refrigerant and not covered
by paragraph (i)(1).'' EPA has received numerous inquiries regarding
whether or not it intended to include a lower size limit in the first
subparagraph.
Although EPA did not explicitly restrict the scope of its leak
repair requirement for commercial and industrial process refrigeration
to equipment containing more than 50 pounds of refrigerant, EPA
intended this requirement to cover only equipment containing at least
50 pounds. The definition of commercial refrigeration includes a note
that ``[a]ll of the equipment contains large refrigerant charges,
typically over 75 pounds,'' and the discussion of industrial process
refrigeration that appears in the preamble to the rule includes a note
that ``charge sizes can be very large, ranging from 750-3000 lbs for
ice rinks, and rising as high as 20,000 lbs for built-up centrifugal
units.'' (No other charge sizes are mentioned.) The preamble also
notes:
The 50-pound cut-off is intended to exempt smaller equipment where
the cost of repairing the leak is an order of magnitude higher than the
environmental benefit of repairing the leak (RIA). The 50-pound cut-off
is also consistent with guidance found in the ASHRAE Guideline 3-1990
(58 FR 28680).
This rationale applies to commercial and industrial process
refrigeration as well as to other large appliances.
In order to clarify that only commercial and industrial process
refrigeration equipment containing more than 50 pounds is covered by
the leak repair requirements, EPA is now specifying this limit in
Sec. 82.156(i)(1).
D. Equipment Certification
1. Measurement of Recovery Rates
Section 82.158(b)(6) requires manufacturers of recycling and
recovery equipment to have an approved equipment testing organization
measure the liquid and vapor recovery rates of equipment as part of the
equipment certification process. EPA required measurement and
publication of these recovery rates in order to ensure that technicians
would not inadvertently purchase equipment whose recovery rates were
too low for the intended application; the Agency was concerned that a
technician purchasing underpowered equipment would be tempted to
interrupt the resulting lengthy recovery process before it was
complete.
However, some types of equipment do not have inherent liquid and
vapor recovery rates. For instance, the recovery rate of system-
dependent equipment depends upon the compressor of the individual
appliance from which it is recovering refrigerant. EPA intended to
exempt this equipment from the requirement to have its liquid and vapor
recovery rate measured. First, system-dependent equipment certified
pursuant to Sec. 82.158(b) typically has a higher recovery rate than
self-contained equipment, because appliance compressors are usually
larger and therefore faster than recovery equipment compressors.
Second, the use of system- dependent equipment is limited to appliances
normally containing less than 15 pounds of refrigerant. Thus, low
recovery rates are not a concern for such equipment. EPA is therefore
amending Section 82.158(b)(6) of the rule to clarify that equipment
with no inherent liquid or vapor recovery rates need not have these
rates measured.
E. Technician Certification\6\
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\6\Additional revisions to Sec. 82.161 have been proposed by
EPA. (See Federal Register published 8-15-94) These proposed changes
will more clearly delineate who is required to be certified.
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Section 82.161(a) requires that technicians be certified. EPA
exempted from this requirement technicians that are disposing of small
appliances, room air conditioners, and MVACs because these technicians
are only recovering the refrigerant prior to the disposal of this
equipment. As discussed earlier, persons disposing of this equipment
were exempt from the requirement because the nature of this work is
straight-forward. As outlined above, EPA is extending this exemption to
MVAC-like appliances. Throughout the rule, EPA states that since MVAC
appliances and MVAC-like appliances are similar in nature and design,
it is appropriate for these technicians to be treated in a similar
fashion. In Sec. 82.161(a)(5), EPA provides a method for those
servicing MVAC-like appliances to be certified by attending a program
designed and approved under section 609 for training and certifying
MVAC technicians. Therefore, to maintain consistency as discussed in
Section A of this rulemaking, EPA will extend the exemption from the
certification requirement to technicians that are disposing of MVAC-
like appliances. In addition, since ``room air conditioners'' are
considered a type of small appliance, and small appliances are already
excepted from the certification requirement, EPA will delete ``room air
conditioners'' from the list of exceptions.
F. Reporting and Recordkeeping Requirements
1. Sales Restriction--Effective Date for Recordkeeping
Section 82.166(a) establishes a recordkeeping requirement for all
persons who sell or distribute any class I or class II substance for
use as a refrigerant. Since no effective date was specified for this
particular requirement, this provision became effective June 14, 1993,
the effective date of the Refrigerant Recycling Regulations. However,
the restriction on selling or distributing of ozone-depleting
refrigerants is not effective until November 14, 1994, pursuant to
Sec. 82.154(n). EPA does not believe it is necessary to maintain
records regarding the sale and distribution of refrigerant in advance
of the effective date of the actual sales or distribution restriction.
Furthermore, such a requirement places an unnecessary burden on
industry. Without the existence of a sales restriction, the usefulness
of such records is dubious. Therefore, through this action EPA will
change the effective date for maintaining records regarding sales and
distribution of refrigerants from June 14, 1993 to November 14, 1994.
2. Proof of Employment of Certified Personnel
Section 82.166(b) allows the purchasers of any class I or class II
refrigerants who employ certified technicians to provide evidence of
each technician's certification to the wholesaler who sells them
refrigerant. The wholesaler will keep this information on file. The
purchaser is further required to notify the wholesaler regarding any
changes in a technician's certification or employment status. Concerns
have recently been brought to EPA's attention about the practicability
of implementing this provision. Large organizations often employ large
numbers of certified technicians that may be situated at various
locations around the country. Tracking and notifying wholesalers of
employee status may result in an overwhelming responsibility. EPA did
not intend this requirement to place any undue burden on the employers
of large numbers of technicians. In fact, EPA believed that allowing
employers to purchase refrigerant for their technicians, instead of
requiring the technician to be physically present at the point of sale,
would actually decrease the burden for the technician, the wholesaler,
and the technician's employer.
Therefore, EPA is modifying this requirement to read: Purchasers of
any class I or class II refrigerants who employ certified technicians
may provide evidence that at least one technician is properly certified
to the wholesaler who sells them refrigerant; the wholesaler will then
keep this information on file and may sell refrigerant to the purchaser
or his authorized representative even if such purchaser or authorized
representative is not a properly certified technician. In such cases,
the purchaser must notify the wholesaler in the event that the
purchaser no longer employs at least one properly certified technician.
The wholesaler is then prohibited from selling class I or class II
refrigerants to the purchaser until such time as the purchaser employs
at least one properly certified technician. At that time, the purchaser
must provide new evidence that at least one technician is properly
certified.
EPA believes that this requirement will still have the intended
effect of lessening the likelihood that refrigerant is sold for use by
non-certified personnel, while providing a more reasonable means for
purchasers to comply with the sales restriction.
G. Appendix A
EPA adopted an industry standard in the final rule based on the
Air-conditioning and Refrigeration Institute (ARI) Standard 700-1988.
This standard appeared as Appendix A to Subpart F--Specification for
Fluorocarbon Refrigerants. EPA was aware of efforts to revise ARI 700-
1988 while the final regulations were being drafted. However, the
revised version was not completed in time for incorporation into this
appendix by EPA. As discussed above, the updated version, known as ARI
700-1993, includes changes in three areas: it adds purity standards for
eleven additional refrigerants; it increases liquid phase contaminant
water levels from 10ppm in ARI 700-1988 to 20ppm in ARI 700-1993 for R-
11 and R-113 only; and, where 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.'' The inclusion of all
organic impurities in the limit effectively tightens the standard, and
the change from 0.5 to 0.50 reduces the tolerance of the standard by a
factor of ten. EPA has reviewed ARI 700-1993 and believes it should be
substituted because it covers additional refrigerants, it increases
liquid phase contaminant water levels, and broadens the maximum
percentage of weight requirement to include all other organic
impurities instead of just other refrigerants. Through this action EPA
will substitute the standard based on ARI Standard 700-1988 with a
standard based on ARI Standard 700-1993.
H. Appendix B
Appendix B to Subpart F--Performance of Refrigerant Recovery,
Recycling and/or Reclaim Equipment was mistakenly referred to in the
introduction of appendix B as ARI Standard 740-1991. However, this is
incorrect. Appendix B is based upon ARI Standard 740-1993. Through this
action EPA will correct the reference in the introduction to appendix
B.
I. Appendix D
Appendix D to subpart F--Standards for Becoming a Certifying
Program for Technicians includes reporting requirements for approved
programs. Certifying programs are required to submit to EPA activity
reports every six months, the first to be submitted six months
following the date the program was approved. Since EPA has been
approving programs on a continual basis, these reports are due at
various times, instead of being submitted simultaneously. In order to
maximize EPA's ability to review and respond to the information
supplied by the programs, EPA is standardizing the reporting dates.
Certifying programs will submit reports to EPA on January 30 and June
30, beginning with the first full six-month period for which the
program has been approved. This means that if a program is approved on
March 31, that program is required to submit its first activity report
to EPA on the following January 30.
J. Removal of Parenthetical Statements
EPA is deleting the parenthetical notes in the individual sections
of 40 CFR part 82, subpart F. The Agency consolidated its display of
OMB control numbers in 40 CFR part 9 (see 58 FR 18014, 58 FR 24724, 58
FR 34198 and 58 FR 34369) including the control number for 40 CFR part
82, subpart F; this consolidated display makes the parenthetical
statements in the individual sections of Subpart F duplicative. The
information collection request (ICR) was previously subject to public
notice and comment prior to OMB approval.
III. Effective Dates
This final action will become effective on October 18, 1994 unless
EPA is notified by September 19, 1994 that any person wishes to submit
adverse comment. Should EPA receive such notice, EPA will publish one
subsequent action in the Federal Register to withdraw this final action
and another action proposing this action and requesting comments. In
such a case, following a public comment period, the Agency will draft
the final regulation to be published in the Federal Register.
IV. 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 any impact that this amendment will have on the
regulated community will serve only to provide relief from otherwise
applicable regulations, and will therefore limit the negative economic
impact associated with the regulations previously promulgated under
Section 608. An examination of the impacts 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.
V. 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
Administrative practice and procedure, Air pollution control,
Chemicals, Chlorofluorocarbons, Exports, Hydrochlorofluorocarbons,
Imports, Interstate commerce, Nonessential products, Reporting and
recordkeeping requirements, Stratospheric ozone layer.
Dated: August 5, 1994.
Carol M. Browner,
Administrator.
Part 82, Chapter I, title 40 of the code of Federal Regulations is
amended 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 82.152 is amended by revising paragraphs (q) and (x) to
read as follows:
Sec. 82.152 Definitions.
* * * * *
(q) Reclaim refrigerant means to reprocess refrigerant to at least
the purity specified in appendix A to 40 CFR part 82, subpart F (based
on ARI Standard 700-1993, Specifications for Fluorocarbon and Other
Refrigerants) and to verify this purity using the analytical
methodology prescribed in appendix A. In general, reclamation involves
the use of processes or procedures available only at a reprocessing or
manufacturing facility.
* * * * *
(x) Technician means any person who performs maintenance, service,
or repair that could reasonably be expected to release class I or class
II substances from appliances into the atmosphere, including, but not
limited to, installers, contractor employees, in-house service
personnel, and in some cases, owners. Technician also means any person
disposing of appliances except for small appliances, MVACs, and MVAC-
like equipment.
* * * * *
3. Section 82.154 is amended by revising paragraphs (g) and (h) to
read as follows:
Sec. 82.154 Prohibitions.
* * * * *
(g) Effective October 18, 1994 until May 15, 1995, 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(g);
(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 October 18, 1994 until May 15, 1995, 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.
* * * * *
4. Section 82.156 is amended by revising paragraphs (a)(1)(ii),
(a)(2)(i)(B), (a)(3), (b), (c), and (i)(1), and by adding paragraphs
(a)(1)(iii) and (a)(2)(iii) to read as follows:
Sec. 82.156 Required practices.
* * * * *
(a) * * *
(1) * * *
(ii) Due to leaks in the appliance, evacuation to the levels in
Table 1 is not attainable, or would substantially contaminate the
refrigerant being recovered; or
(iii) The recycling or recovery equipment was certified pursuant to
Sec. 82.158(b)(2). In any of these cases, the requirements of
Sec. 82.156(a)(2) must be followed.
(2) * * *
(i) * * *
(B) Be pressurized to 0 psig before it is opened if it is a low-
pressure appliance. Persons pressurizing low-pressure appliances that
use refrigerants with boiling points at or below 85 deg. F at 29.9
inches of mercury (standard atmospheric pressure), (e.g., CFC-11 and
HCFC-123,) must not use methods, such as nitrogen, that require
subsequent purging. Persons pressurizing low-pressure appliances that
use refrigerants with boiling points above 85 deg. F at 29.9 inches of
mercury, e.g., CFC-113, must use heat to raise the internal pressure of
the appliance as much as possible, but may use nitrogen to raise the
internal pressure of the appliance from the level attainable through
use of heat to atmospheric pressure.
* * * * *
(iii) If the recycling or recovery equipment was certified pursuant
to Sec. 82.158(b)(2), technicians must follow the manufacturer's
directions for achieving the required recovery efficiency.
* * * * *
(3) Persons disposing of appliances except for small appliances,
MVACs, and MVAC-like appliances, must evacuate to the levels in Table 1
unless, due to leaks in the appliance, evacuation to the levels in
Table 1 is not attainable, or would substantially contaminate the
refrigerant being recovered. If, due to leaks in the appliance,
evacuation to the levels in Table 1 is not attainable, or would
substantially contaminate the refrigerant being recovered, persons
disposing of the appliance must:
(i) Isolate leaking from non-leaking components wherever possible;
(ii) Evacuate non-leaking components to the levels specified in
Table 1; and
(iii) Evacuate leaking components to the lowest level that can be
attained without substantially contaminating the refrigerant. In no
case shall this level exceed 0 psig.
* * * * *
(b) Effective October 18, 1994, all persons opening appliances
except for small appliances and MVACs for maintenance, service, or
repair and all persons disposing of appliances except small appliances,
MVACs, and MVAC-like appliances must have at least one piece of
certified, self-contained recovery or recycling equipment available at
their place of business. Persons who maintain, service, repair, or
dispose of only appliances that they own and that contain pump-out
units are exempt from this requirement. This exemption does not relieve
such persons from other applicable requirements of Sec. 82.156.
(c) System-dependent equipment shall not be used with appliances
normally containing more than 15 pounds of refrigerant, unless the
system-dependent equipment is permanently attached to the appliance as
a pump-out unit.
* * * * *
(i) * * * (1) Owners of commercial refrigeration and industrial
process refrigeration equipment normally containing more than 50 pounds
of refrigerant must have all leaks repaired if the equipment is leaking
at a rate such that the loss of refrigerant will exceed 35 percent of
the total charge during a 12-month period, except as described in
paragraph (i)(3) of this section.
* * * * *
5. Section 82.158 is amended by revising paragraphs (b)(2) and
(b)(6) to read as follows:
Sec. 82.158 Standards for recycling and recovery equipment.
* * * * *
(b) * * *
(2) Recovery or recycling equipment whose recovery efficiency
cannot be tested according to the procedures in ARI 740-1993 may be
certified if an approved third-party testing organization adopts and
performs a test that demonstrates, to the satisfaction of the
Administrator, that the recovery efficiency of that equipment is equal
to or better than that of equipment that:
(i) Is intended for use with the same type of appliance; and
(ii) Achieves the level of evacuation in Table 2. The
manufacturer's instructions must specify how to achieve the required
recovery efficiency, and the equipment must be tested when used
according to these instructions.
* * * * *
(6) The equipment must have its liquid recovery rate and its vapor
recovery rate measured under the conditions of ARI 740-1993, unless the
equipment has no inherent liquid or vapor recovery rate.
* * * * *
6. Section 82.161 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 82.161 Technician certification.
(a) Effective November 14, 1994, persons who maintain, service, or
repair appliances, except MVACs, and persons who dispose of appliances,
except for small appliances, room air conditioners, MVACs and MVAC-like
appliances, must be certified by an approved technician certification
program as follows:
* * * * *
7. Section 82.164 is amended by revising the introductory text and
paragraphs (a), (b), (c), and (d) and by redesignating paragraphs (e)
and (f) as (f) and (g) and by adding a new paragraph (e) to read as
follows:
Sec. 82.164 Reclaimer certification.
Effective October 18, 1994, persons reclaiming used refrigerant for
sale to a new owner must certify to the Administrator that such person
will:
(a) Return refrigerant to at least the standard of purity set forth
in appendix A (based on ARI Standard 700-1993, Specifications for
Fluorocarbon and Other Refrigerants);
(b) Verify this purity using the methods set forth in appendix A;
(c) Release no more than 1.5 percent of the refrigerant during the
reclamation process; and
(d) Dispose of wastes from the reclamation process in accordance
with all applicable laws and regulations.
(e) The data elements for certification are as follows:
(1) The name and address of the reclaimer;
(2) A list of equipment used to reprocess and analyze the
refrigerant; and
(3) The owner or a responsible officer of the reclaimer must sign
the certification stating that the refrigerant will be returned to at
least the standard of purity set forth in appendix A, that the purity
of the refrigerant will be verified using the methods set forth in
appendix A, that no more than 1.5 percent of the refrigerant will be
released during the reclamation process, that wastes from the
reclamation process will be properly disposed of, and that the
information given is true and correct. The certification should be sent
to the following address: Section 608 Recycling Program Manager,
Reclaimer Certification, Stratospheric Protection Division (6205J),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
* * * * *
8. Section 82.166 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 82.166 Reporting and recordkeeping requirements.
(a) Effective November 14, 1994, all persons who sell or distribute
any class I or class II substance for use as a refrigerant must retain
invoices that indicate the name of the purchaser, the date of sale, and
the quantity of refrigerant purchased.
(b) Purchasers of any class I or class II refrigerants who employ
certified technicians may provide evidence that at least one technician
is properly certified to the wholesaler who sells them refrigerant; the
wholesaler will then keep this information on file and may sell
refrigerant to the purchaser or his authorized representative even if
such purchaser or authorized representative is not a properly certified
technician. In such cases, the purchaser must notify the wholesaler in
the event that the purchaser no longer employs at least one properly
certified technician. The wholesaler is then prohibited from selling
class I or class II refrigerants to the purchaser until such time as
the purchaser employs at least one properly certified technician. At
that time, the purchaser must provide new evidence that at least one
technician is properly certified.
* * * * *
9. Appendix A to subpart F is revised to read as follows:
Appendix A to Subpart F--Specifications for Fluorocarbon Refrigerants
This appendix is based on Air-Conditioning and Refrigeration
Institute Standard 700-93:
Section 1. Purpose
1.1 Purpose. The purpose of this standard is to evaluate and
accept/reject refrigerants regardless of source (new, reclaimed and/
or repackaged) for use in new and existing refrigeration and air-
conditioning products.
1.1.1 This standard is intended for the guidance of the
industry including manufacturers, refrigerant reclaimers,
repackagers, distributors, installers, servicemen, contractors and
for consumers.
1.2 Review and Amendment. This standard is subject to review
and amendment as the technology advances. The dynamics of this
technology is advancing so rapidly that changes to this standard
must be frequent.
Section 2. Scope
2.1 Scope. This standard specifies acceptable levels of
contaminants (purity requirements) for various fluorocarbon
refrigerants regardless of source and lists acceptable test methods.
These refrigerants are R11; R12; R13; R22; R113; R114; R123; R124;
R500; R502 and R503 as referenced in the ANSI/ASHRAE Standard Number
Designation and Safety Classification of Refrigerants (American
Society of Heating, Refrigerating and Air Conditioning Engineers,
Inc., Standard 34 1992). Copies may be obtained from ASHRAE
Publications Sales, 1791 Tullie Circle, NE., Atlanta, GA 30329.
Copies may also be inspected at Public Docket No. A-92-01, Waterside
Mall (Ground Floor) Environmental Protection Agency, 401 M Street,
SW., Washington, DC in room M-1500. In addition the following blends
are listed: R22/152a/124 (53/13/34); R22/152a/124 (61/11/28); R125/
290/22 (60/2/38); R125/290/22 (38/2/60).
Section 3. Definitions
3.1 ``Shall'', ``Should'', ``Recommended'', or ``It Is
Recommended''. ``Shall'', ``should'', ``recommended'', or ``it is
recommended'' shall be interpreted as follows:
3.1.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision is mandatory if compliance with
the standard is claimed.
3.1.2 Should, Recommended, or It is Recommended. ``Should '',
``recommended'', or ``it is recommended'' is used to indicate
provisions which are not mandatory but which are desirable as good
practice.
Section 4. Characterization of Refrigerants and Contaminants
4.1 Characterization. Characterization of refrigerants and
contaminants addressed are listed in the following general
classifications:
4.1.1 Characterization:
a. Gas Chromatography
b. Boiling point and boiling point range
4.1.2 Contaminants
a. Water
b. Chloride
c. Acidity
d. High boiling residue
e. Particulates/solids
f. Non-condensables
g. Impurities including other refrigerants
Section 5. Sampling, Summary of Test Methods and Maximum
Permissible Contaminant Levels
5.1 Referee Test. The referee test methods for the various
contaminants are summarized in the following paragraphs. Detailed
test procedures are included in Parts 1 through 9, 12 through 15,
and 19 through 23 of Appendix-93 to ARI Standard 700: Analytical
Procedures of ARI Standard 700-93, 1994, the Air-Conditioning and
Refrigeration Institute. These parts of Appendix-93 to ARI 700 are
incorporated by reference. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
Air-Conditioning and Refrigeration Institute, 4301 North Fairfax
Drive, Arlington, Virginia 22203. Copies may also be inspected at
Public Docket No. A-92-01, Waterside Mall (Ground Floor)
Environmental Protection Agency, 401 M Street, SW., Washington, DC
in room M-1500 or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. If alternate test
methods are employed, the user must be able to demonstrate that they
produce results equivalent to the specified referee method.
5.2 Refrigerant Sampling.
5.2.1 Sampling Precautions. Special precautions should be taken
to assure that representative samples are obtained for analysis.
Sampling shall be done by trained laboratory personnel following
accepted sampling and safety procedures.
5.2.2 Gas Phase Sample. A gas phase sample shall be obtained
for determining the non-condensables. Since non-condensable gases,
if present, will concentrate in the vapor phase of the refrigerant,
care must be exercised to eliminate introduction of air during the
sample transfer. Purging is not an acceptable procedure for a gas
phase sample since it may introduce a foreign product. Since R11,
R113 and R123 have normal boiling points at or above room
temperature, non-condensable determination is not required for these
refrigerants.
5.2.2.1 Connection. The sample cylinder shall be connected to
an evacuated gas sampling bulb by means of a manifold. The manifold
should have a valve arrangement that facilitates evacuation of all
connecting tubing leading to the sampling bulb.
5.2.2.2 Equalizing Pressures. After the manifold has been
evacuated, close the valve to the pump and open the valve on the
system. Allow the pressure to equilibrate and close valves.
5.2.3 Liquid Phase Sample. A liquid phase sample is required
for all tests listed in this standard except the test for non-
condensables.
5.2.3.1 Preparation. Place an empty sample cylinder with the
valve open in an oven at 230 deg.F [110 deg.C] for one hour.
Remove it from the oven while hot, immediately connect to an
evacuation system and evacuate to less than 1 mm mercury (1000
microns). Close the valve and allow it to cool.
5.2.3.2 Manifolding. The valve and lines from the unit to be
sampled shall be clean and dry. The cylinder shall be connected to
an evacuated gas sampling cylinder by means of a manifold. The
manifold should have a valve arrangement that facilitates evacuation
of all connecting tubing leading to the sampling cylinder.
5.2.3.3 Liquid Sampling. After the manifold has been evacuated,
close the valve to the pump and open the valve on the system. Take
the sample as a liquid by chilling the sample cylinder slightly.
Accurate analysis requires that the sample container be filled to at
least 60% by volume, however under no circumstances should the
cylinder be filled to more than 80% by volume. This can be
accomplished by weighing the empty cylinder and then the cylinder
with refrigerant. When the desired amount of refrigerant has been
collected, close the valve(s) and disconnect the sample cylinder
immediately.
5.2.3.4 Record Weight. Check the sample cylinder for leaks and
record the gross weight.
5.3 Refrigerant Purity Characterization.
5.3.1 Primary Method. The primary method shall be gas
chromatography (GC) as described in Appendix-93 to ARI Standard 700.
The chromatogram of the sample shall be compared to known standards.
5.3.2 Alternative Method. Determination of the boiling point
and boiling point range is an acceptable alternative test method
which can be used to characterize refrigerants. The test method
shall be that described in the Federal Specification for
``Fluorocarbon Refrigerants,'' BB-F-1421 B, dated March 5, 1982,
section 4.4.3 which is incorporated by reference. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from the U.S. Government Printing Office, Superintendent of
Documents, Mail Stop: SSOP, Washington, DC 20402-9328. Copies may
also be inspected at Public Docket No. A-92-01, Waterside Mall
(Ground Floor) Environmental Protection Agency, 401 M Street, SW.,
Washington, DC in room M-1500 or at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
5.3.3 Required Values. The required values for boiling point
and boiling point range are given in table 1, Physical Properties of
Fluorocarbon Refrigerants and Maximum Contaminant Levels.
5.4 Water Content.
5.4.1 Method. The Coulometric Karl Fischer Titration shall be
the primary test method for determining the water content of
refrigerants. This method is described in Appendix-93 to ARI
Standard 700. This method can be used for refrigerants that are
either a liquid or a gas at room temperature, including refrigerants
11 and 113, and 123. For all refrigerants, the sample for water
analysis shall be taken from the liquid phase of the container to be
tested. Proper operation of the analytical method requires special
equipment and an experienced operator. The precision of the results
is excellent if proper sampling and handling procedures are
followed. Refrigerants containing a colored dye can be successfully
analyzed for water using this method.
5.4.2 Alternative Method. The Karl Fischer Test Method is an
acceptable alternative test method to the Coulometric Karl Fischer
Titration for determining the water content of refrigerants. This
method is described in ASTM E700-79, (Reapproved 1990), Standard
Test Method for Water in Gases Using Karl Fischer Reagent (American
Society for Testing and Materials, Philadelphia, PA), which is
incorporated by reference. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
American Society for Testing and Materials, Philadelphia, PA. Copies
may also be inspected at Public Docket No. A-92-01, Waterside Mall
(Ground Floor) Environmental Protection Agency, 401 M Street, SW.,
Washington, DC in room M-1500 or at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
5.4.3 Limits. The value for water content shall be expressed as
parts per million by weight and shall not exceed the maximum
specified (see tables 1 and 1a).
5.5 Chloride. The refrigerant shall be tested for chloride as
an indication of the presence of hydrochloric acid and/or metal
chlorides. The recommended procedure is intended for use with new or
reclaimed refrigerants. Significant amounts of oil may interfere
with the results by indicating a failure in the absence of chloride.
5.5.1 Method. The test method shall be that described in
Appendix-93 to ARI Standard 700. The test will show noticeable
turbidity at chloride levels of about 3 ppm by weight or higher.
5.5.2 Turbidity. The results of the test shall not exhibit any
sign of turbidity. Report the results as ``pass'' or ``fail.''
5.6 Acidity.
5.6.1 Method. The acidity test uses the titration principle to
detect any compound that is highly soluble in water and ionizes as
an acid. The test method shall be that described in Appendix- 93 to
ARI Standard 700. This test may not be suitable for determination of
high molecular weight organic acids; however these acids will be
found in the high boiling residue test outlined in 5.7. The test
requires a 100 to 120 gram sample and has a detection limit of 0.1
ppm by weight calculated as HCl.
5.6.2 Limits. The maximum permissible acidity is 1 ppm by
weight as HCl.
5.7 High Boiling Residue.
5.7.1 Method. High boiling residue shall be determined by
measuring the residue of a standard volume of refrigerant after
evaporation. The refrigerant sample shall be evaporated at room
temperature or at a temperature 50 deg.F [28K], above the boiling
point of the sample using a Goetz bulb as specified in Appendix- 93
to ARI Standard 700. Oils and or organic acids will be captured by
this method.
5.7.2 Limits. The value for high boiling residue shall be
expressed as a percentage by volume and shall not exceed the maximum
percent specified (see tables 1 and 1a).
5.8 Particulates/Solids.
5.8.1 Method. A measured amount of sample is evaporated from a
Goetz bulb under controlled temperature conditions. The
particulates/solids shall be determined by visual examination of the
Goetz bulb prior to the evaporation of refrigerant. Presence of
dirt, rust or other particulate contamination is reported as
``fail.'' For details of this test method, refer to Appendix-93 to
ARI Standard 700.
5.9 Non-Condensables.
5.9.1 Sample. A vapor phase sample shall be used for
determination of non-condensables. Non-condensable gases consist
primarily of air accumulated in the vapor phase of refrigerants. The
solubility of air in the refrigerants liquid phase is extremely low
and air is not significant as a liquid phase contaminant. The
presence of non-condensable gases may reflect poor quality control
in transferring refrigerants to storage tanks and cylinders.
5.9.2 Method. The test method shall be gas chromatography with
a thermal conductivity detector as described in Appendix-93 to ARI
Standard 700.
5.9.3 Limit. The maximum level of non-condensables in the vapor
phase of a refrigerant in a container shall not exceed 1.5% by
volume (see table 1 and 1a).
5.10 Impurities, including Other Refrigerants.
5.10.1 Method. The amount of other impurities including other
refrigerants in the subject refrigerant shall be determined by gas
chromatography as described in Appendix-93 to ARI Standard 700.
5.10.2 Limit. The subject refrigerant shall not contain more
than 0.50% by weight of impurities including other refrigerants (see
table 1 and 1a).
Section 6. Reporting Procedure
6.1 Reporting Procedure. The source (manufacturer, reclaimer or
repackager) of the packaged refrigerant shall be identified. The
refrigerant shall be identified by its accepted refrigerant number
and/or its chemical name. Maximum permissible levels of contaminants
are shown in table 1. Test results shall be tabulated in a like
manner.
Table 1.--Characteristics of Refrigerants and Maximum Contaminant Levels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reference
Reporting units (subclause) R11 R12 R13 R22 R113 R114 R123 R124
--------------------------------------------------------------------------------------------------------------------------------------------------------
Characteristics*:
Boiling Point*............. F @ 1.00 atm.................. .............. 74.9 -21.6 -114.6 -41.4 117.6 38.8 82.6 12.2
deg.C @ 1.00 atm............. .............. 23.8 -29.8 -81.4 -40.8 47.6 3.8 27.9 -11.0
Boiling Point Range*....... K............................. .............. 0.3 0.3 0.5 0.3 0.3 0.3 0.3 0.3
Typical Isomer Content..... By weight..................... .............. ....... ....... ........ ....... 0-1% 0-30% 0-8% 0-5%
.............................. .............. ....... ....... ........ ....... R113a R114a R123a R124a
Vapor phase contaminants:
Air and other non- % by volume @ 25 deg.C....... 5.9 N/A** 1.5 1.5 1.5 N/A** 1.5 N/A** 1.5
condensables.
Liquid phase contaminants:
Water...................... ppm by weight................. 5.4 20 10 10 10 20 10 20 10
All other impurities % by weight................... 5.10 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50
including refrigerants.
High boiling residue....... % by volume................... 5.7 0.01 0.01 0.05 0.01 0.03 0.01 0.01 0.01
Particulates/solids........ Visually clean to pass........ 5.8 Pass Pass Pass Pass Pass Pass Pass Pass
Acidity.................... ppm by weight................. 5.6 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Chlorides***............... No visible turbidity.......... 5.5 Pass Pass Pass Pass Pass Pass Pass Pass
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Boiling points and boiling point ranges, although not required, are provided for informational purposes.
**Since R11, R113 and R123 have normal boiling points at or above room temperature, non-condensable determinations are not required for these
refrigerants.
***Recognized Chloride level for pass/fail is 3ppm.
Table 1A.--Characteristcs of Refrigerants and Maximum Contaminant Levels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reference
Reporting units (subclause) R401A R401B R402A R402B R500 R502 R503
--------------------------------------------------------------------------------------------------------------------------------------------------------
Characteristics*:
Refrigerant ....................... ........... R22/152a/12 R22/152a/12 R125/290/22 R125/290/22 R12/152A 522/115 R23/13
Components. 4 4
Nominal Comp, ....................... ........... 53/13/34 61/11/28 60/2/38 38/2/60 73.8/26.2 48.8/51.2 40.1/59.9
weight%.
Allowable Comp, ....................... ........... 51-55/11.5- 59-63/9.5-1 58-62/1-3/3 6-40/1-3/58 72.8-74.8/ 44.8-52.8/ 39-41/59-61
weight%. 13.5/ 1.5/ 6-40 -62 25.2-27.2 47.2-55.2
33-35 27-29
Boiling Point*..... F @ 1.00 atm........... ........... -27.6 to - -30.4 to - -56.5 to - -53.3 to -
16.0 18.5 52.9 49.0
C @ 1.00 atm........... ........... -33.4 to - -34.7 to - -49.1 to - -47.4 to - -33.5 -45.4 -88.7
26.6 28.6 47.2 45.0
Boiling Point K...................... ........... ........... ........... ........... ........... 0.5 0.5 0.5
Range*.
Vapor Phase
Contaminants:
Air and other non- % by volume @ 25 deg.C. 5.9 1.5 1.5 1.5 1.5 1.5 1.5 1.5
condensables.
Liquid Phase
Contaminants:
Water.............. ppm by weight.......... 5.4 10 10 10 10 10 10 10
All other % by weight............ 5.10 0.50 0.50 0.50 0.50 0.50 0.50 0.50
impurities
including
refrigerants.
High boiling % by volume............ 5.7 0.01 0.01 0.01 0.01 0.05 0.01 0.01
residue.
Particulates/solids Visually clean to pass. 5.8 Pass Pass Pass Pass Pass Pass Pass
Acidity............ ppm by weight.......... 5.6 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Chlorides**........ No visible turbidity... 5.5 Pass Pass Pass Pass Pass Pass Pass
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Boiling points and boiling point ranges, although not required, are provided for informational purposes.
**Recognized Chloride level for pass/fail is 3ppm.
10. Appendix B to subpart F is amended by revising the introductory
text to read as follows:
Appendix B to subpart F--Performance of Refrigerant Recovery, Recycling
and/or Reclaim Equipment
This appendix is based on Air-Conditioning and Refrigeration
Institute Standard 740-93.
* * * * *
11. Appendix D to subpart F is amended by revising section g to
read as follows:
Appendix D to Subpart F--Standards for Becoming a Certifying Program
for Technicians
* * * * *
g. Recordkeeping and Reporting Requirements
Certifying programs must maintain records for at least three
years which include, but are not limited to, the names and addresses
of all individuals taking the tests, the scores of all certification
tests administered, and the dates and locations of all testing
administered.
EPA must receive an activity report from all approved certifying
programs by every January 30 and June 30, the first to be submitted
following the first full six-month period for which the program has
been approved by EPA. This report will include the pass/fail rate
and testing schedules. This will allow the Agency to determine the
relative progress and success of these programs. If the certifying
program believes a test bank question needs to be modified,
information about that question should also be included.
Approved certifying programs will receive a letter of approval
from EPA. Each testing center must display a copy of that letter.
* * * * *
Secs. 82.156, 82.160, 82.161, 82.162, 82.164, 82.166 and Appendix
D [Amended]
12. Sections 82.156, 82.160, 82.161, 82.162, 82.164, 82.166, and
appendix D are amended by removing the parenthetical statement
containing the OMB control number at the end of the section.
[FR Doc. 94-20169 Filed 8-18-94; 8:45 am]
BILLING CODE 6560-50-P