Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing

Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing

Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing

Andrew R. Wheeler
Environmental Protection Agency
30 March 2020

[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Proposed Rules]
[Pages 17520-17527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05197]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

EPA-HQ-OAR-2013-0597; FRL-10006-49-OAR]
RIN 2060-AO75

Protection of the Stratospheric Ozone: Motor Vehicle Air
Conditioning System Servicing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
adopt three technical standards developed by SAE International (SAE)
for equipment that recovers, recycles, and/or recharges the refrigerant
2,3,3,3-Tetrafluoroprop-1-ene (HFO-1234yf or R-1234yf) in motor vehicle
air conditioners (MVACs). The three standards are SAE J2843, SAE J2851,
and SAE J3030. This proposed rulemaking would adopt the most current
versions of these standards by incorporating them by reference into the
regulations related to the protection of stratospheric ozone. This will
provide additional flexibility for industry stakeholders that wish to
select recovery and recycling equipment certified to these standards.

DATES: Comments on this notice of proposed rulemaking must be received
on or before May 14, 2020. Any party requesting a public hearing must
notify the contact listed below under FOR FURTHER INFORMATION CONTACT
by 5 p.m. Eastern Daylight Time on April 6, 2020. If a public hearing
is requested, the hearing will be held on April 14, 2020 in Washington,
DC. More details concerning the hearing, including whether a hearing
will be held, will be available at https://www.epa.gov/mvac. The EPA
does not intend to publish any future notices in the Federal Register
regarding a public hearing on this proposed rule and directs all
inquiries regarding a hearing to the website and contact listed below
under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0597, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2013-0597 in the subject line of the message.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2013-0597.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2013-0597, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OAR-2013-0597. Comments received may be posted without
change to https://www.regulations.gov, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. Standards from SAE
Surface Vehicle Standards referenced in the index are property of SAE
and are reasonably available for purchase at https://www.sae.org/standards/.org. Publicly available docket materials are available
electronically through https://www.regulations.gov and all information,
including the three SAE standards that are being incorporated by
reference, is available in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW, Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Christina Motilall, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-1287; email address:
motilall.christina@epa.gov.

SUPPLEMENTARY INFORMATION: Direct your comments to Docket ID No. EPA-
HQ-OAR-2013-0597. The EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit

[[Page 17521]]

information that you consider to be CBI or otherwise protected through
https://www.regulations.gov or email. This type of information should
be submitted by mail as discussed below.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
The https://www.regulations.gov website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2013-0597.

Table of Contents

I. General Information
A. Does this action apply to me?
B. What acronyms and abbreviations are used in the preamble?
II. Background
A. CAA Section 609
B. Major Rules Under Section 609
III. What is the EPA proposing in this action?
A. What are the standards the EPA is proposing to adopt?
i. SAE J2843
ii. SAE J2851
iii. SAE J3030
B. What is the effect of adopting these standards?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

Potentially regulated entities, identified by the North American
Industrial Classification System (NAICS) Code, may include, but are not
limited to, the following which all fall under the category of
``Industry'':
New and used car dealers (NAICS code 441110)
Gas service stations (NAICS codes 447110 and 447190)
General automotive repair shops (NAICS code 811111)
Automotive repair shops not elsewhere classified,
including air conditioning and radiator specialty shops (NAICS code
811198)
Other Motor Vehicle Parts Manufacturing (NAICS code
336390)
This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed action. Other types of entities not listed here could also be
regulated. To determine whether your entity is regulated by this
action, you should carefully examine the applicability criteria found
in Clean Air Act (CAA) section 609, and relevant implementing
regulations at 40 CFR part 82, subpart B. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.

B. What acronyms and abbreviations are used in the preamble?

AHRI Air-Conditioning, Heating, and Refrigeration Institute,
formerly Air-Conditioning and Refrigeration Institute (ARI)
CAA Clean Air Act
CFC Chlorofluorocarbon
CFR Code of Federal Regulations
EPA United States Environmental Protection Agency
ETL ETL Testing Laboratories
HCFC Hydrochlorofluorocarbon
HFC Hydrofluorocarbon
HFO Hydrofluoroolefin
MVACs Motor Vehicle Air Conditioners
MY Model Year
NAICS North American Industrial Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SAE SAE International, formerly the Society of Automotive Engineers
SNAP Significant New Alternatives Policy
UMRA Unfunded Mandates Reform Act
UL Underwriters Laboratories

II. Background

A. CAA Section 609

CAA section 609 directs the EPA to issue regulations establishing
standards

[[Page 17522]]

and requirements for the servicing of MVACs. For purposes of the
regulations implementing CAA section 609, MVACs \1\ are defined as
equipment that use mechanical vapor compression refrigeration to cool
the driver's or passenger's compartment of any motor vehicle. This
definition is not intended to encompass the hermetically sealed
refrigeration systems used on motor vehicles for refrigerated cargo and
the air conditioning systems on passenger buses using
hydrochlorofluorocarbons (HCFC)-22 or R-22 refrigerant. For purposes of
the section 609 regulations, motor vehicle is defined as any vehicle
which is self-propelled and designed for transporting persons or
property on a street or highway, including but not limited to passenger
cars, light-duty vehicles, and heavy-duty vehicles. This definition
does not include a vehicle where final assembly of the vehicle has not
been completed by the original equipment manufacturer.
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\1\ A related definition for MVAC-like is found at 40 CFR
82.152: MVAC-like appliance means a mechanical vapor compression,
open-drive compressor appliance with a full charge of 20 pounds or
less of refrigerant used to cool the driver's or passenger's
compartment of off-road vehicles or equipment. This includes, but is
not limited to, the air-conditioning equipment found on agricultural
or construction vehicles. This definition is not intended to cover
appliances using R-22 refrigerant.
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Under CAA section 609 and regulations that implement it, no person
repairing or servicing motor vehicles for consideration may perform any
service on an MVAC that involves the refrigerant without properly using
approved refrigerant recovery or recovery and recycling equipment, and
no such person may perform such service unless such person has been
properly trained and certified. Section 609 also restricts the sale of
class I and class II substances for use as a refrigerant in MVACs in
containers of 20 pounds or less, except to certified technicians. Class
I substances (chlorofluorocarbons (CFCs), halons, carbon tetrachloride,
methyl chloroform, methyl bromide, hydrobromofluorocarbons, and
chlorobromomethane) and class II substances (HCFCs) are ozone-depleting
compounds and are listed in 40 CFR part 82, subpart A, Appendix A and
Appendix B, respectively.
Regulations issued under CAA section 609, codified at 40 CFR part
82, subpart B, include, among other things, prohibited and required
practices for persons repairing and servicing MVACs for consideration
(40 CFR 82.34); requirements for refrigerant handling equipment (40 CFR
82.36); approval processes for independent standards testing
organizations (40 CFR 82.38); and requirements for certifications that
any person servicing or repairing MVACs for consideration must submit
to the EPA, and related recordkeeping requirements (40 CFR 82.42).
Appendices A-F at 40 CFR 82, subpart B, provide minimum operating
requirements for equipment used for the recovery, recycling and/or
recharging of refrigerant used in MVACs.

B. Major Rules Under Section 609

In 1992, the EPA published a rule (57 FR 31242; July 14, 1992)
under CAA section 609 establishing standards and requirements for
servicing of MVACs and restricting the sale of small containers of
ozone-depleting substances. The regulations, which appear in 40 CFR
part 82, subpart B, require persons who repair or service MVACs for
consideration to be certified in refrigerant recovery and recycling and
to properly use approved equipment when performing service involving
the refrigerant. ``Refrigerant'' is defined in subpart B as any class I
or class II substance used in MVACs, and to include any substitute
substance effective November 15, 1995. The 1992 rule also defined
approved refrigerant recycling equipment as equipment certified by the
Administrator or an approved organization as meeting either one of the
standards in 40 CFR 82.36. Such equipment extracts and recycles
refrigerant or extracts but does not recycle refrigerant, allowing that
refrigerant to be subsequently recycled on-site or to be sent off-site
for reclamation.\2\ The EPA based the regulatory equipment standards in
subpart B on those developed by SAE. They cover service procedures for
dichlorodifluoromethane (CFC-12 or R-12) recover/recycle equipment (SAE
J1989, issued in October 1989), test procedures to evaluate R-12
recover/recycle equipment (SAE J1990, issued in October 1989 and
revised in 1991) and a purity standard for recycled R-12 refrigerant
(SAE J1991, issued in October 1989). Only equipment certified to meet
the standards set forth in Appendix A at 40 CFR part 82, subpart B, or
that meet the criteria for substantially identical equipment, was
approved under CAA section 609 for use in the servicing of MVACs at
that time.
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\2\ Equipment that extracts and recycles refrigerant is referred
to as recover/recycle equipment. Equipment that extracts but does
not recycle refrigerant is referred to as equipment that recovers
but does not recycle refrigerant, or as recover-only equipment.
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The 1992 rule also implemented the statutory prohibition on the
sale or distribution of any class I or class II substance suitable for
use in MVACs that is in a container of less than 20 pounds, to anyone
other than a properly trained and certified section 609 technician. The
rule also contained standards by which: (1) An independent standards
testing organization may apply to the agency for approval to test and
approve refrigerant recycling equipment; and (2) a training and
certification program may apply to the agency for approval to train and
certify technicians in the proper use of refrigerant recycling
equipment for MVACs. 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 40 CFR part 82, subpart B.
Finally, the 1992 rule established recordkeeping and reporting
requirements that include: Certifying that only properly trained and
certified individuals are repairing or servicing MVACs for
consideration; certifying the use of approved recycling equipment and
that each individual authorized to use the equipment has obtained the
proper training and certification; and requiring that owners of
approved refrigerant recycling equipment retain records demonstrating
that all persons authorized to operate the equipment obtained the
required certification.
In 1995, the EPA issued a rule (60 FR 21682; May 2, 1995)
establishing regulatory standards, based on standards developed by SAE,
which applied to certification of R-12 recover-only equipment, in
Appendix B at 40 CFR part 82, subpart B. Specifically, for recover-only
equipment, the agency adopted the recommended service procedure for the
containment of R-12 (SAE J1989, issued in October 1989 and set forth in
subpart B Appendix B) and test procedures to evaluate recover-only
equipment (SAE J2209, issued in June 1992). The definition of
``approved refrigerant recycling equipment'' was revised in the 1995
rule to include this recover-only equipment. UL and ETL were also
approved to certify recover-only equipment. Finally, service
technicians previously certified to handle recover/recycle equipment
were grandfathered so that they would not have to be recertified to
handle recover-only equipment.
The EPA issued a third rule under CAA section 609 in 1997 (62 FR
68026; December 30, 1997) in response to the increasing use of
alternative refrigerants, particularly 1,1,1,2-tetrafluoroethane (HFC-
134a or R-134a). The 1997 rule established standards and requirements

[[Page 17523]]

for the servicing of MVACs that use any refrigerant other than R-12.
The rule also stated refrigerant (whether R-12 or a substitute)
recovered from motor vehicles at motor vehicle disposal facilities may
be re-used in the MVAC service sector only if it has been properly
recovered and recycled by persons who are either employees, owners, or
operators of the facilities, or technicians certified under CAA section
609, using approved equipment. The 1997 rule also established
conditions under which owners and operators of motor vehicle disposal
facilities may sell refrigerant recovered from such vehicles to
technicians certified under CAA section 609.
Additionally, the 1997 rule established standards for recover/
recycle equipment for R-134a; recover-only equipment for R-12, R-134a,
and R-1234yf; recycling equipment intended for use with both R-12 and
R-134a; and recover-only equipment for a single refrigerant other than
R-12 or R-134a. The 1997 rule established appendices C through F at 40
CFR part 82, subpart B. Specifically, Appendix C contains standards
based on SAE J2788 for recovery/recycle and recovery/recycle/recharging
equipment for R-134a refrigerant. Appendix D is based upon SAE J1732
and establishes standards for recover-only equipment for R-134a.
Appendix E contains standards for recover-only equipment for both R-12
and R-134a, while Appendix F establishes standards for recover-only
equipment for any single refrigerant other than R-12 and R-134a.
Since the publication of the 1997 rule, the EPA has published two
rules, one in 2007 (72 FR 63490; November 9, 2007) and one in 2008 (73
FR 34644; June 18, 2008), to reflect updated SAE standards. Research
showed that equipment certified to meet SAE J2210 and SAE J1732 \3\
left as much as 30% of the refrigerant in MVACs. As a result of these
findings, SAE developed SAE J2788 and SAE J2810, which require that
equipment be capable of recovering 95% of refrigerant from MVACs. The
two rules adopted SAE J2788 and SAE J2810, which replaced SAE J2210 and
SAE J1732, respectively, allowing for an increased percent of
refrigerant to be recovered during servicing.
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\3\ SAE J2210 (HFC-134a (R-134a) Recovery/Recycling Equipment
for Mobile Air-Conditioning Systems (Cancelled Nov 2010)). SAE J1732
(HFC-134a (R-134a) Refrigerant Recovery Equipment for Mobile
Automotive Air-Conditioning Systems (STABILIZED Nov 2011)).
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III. What is the EPA proposing in this action?

The EPA is proposing to incorporate by reference three standards
developed by SAE for equipment servicing MVACs that use a
hydrofluoroolefin (HFO)-1234yf or R-1234yf. This proposed rulemaking
would adopt three standards that provide technical specifications for
equipment used for servicing MVACs containing the refrigerant R-1234yf
consistent with section 609 of the CAA and the regulations in 40 CFR
part 82, subpart B. R-1234yf was listed by the EPA's Significant New
Alternatives Policy (SNAP) program as acceptable, subject to use
conditions, in MVACs in new cars and new light-duty trucks (76 FR
17488; March 29, 2011), and in certain new heavy-duty vehicles--new
medium-duty passenger vehicles, new heavy-duty pickup trucks, and new
complete heavy-duty vans (81 FR 86778; December 1, 2016).
The regulations at 40 CFR 82.34 state that no person repairing or
servicing MVACs for consideration may perform any service involving
refrigerant for such MVACs without properly using equipment approved
pursuant to 40 CFR 82.36. The EPA is proposing that equipment certified
to meet the three SAE standards (that the EPA is proposing to
incorporate by reference) would be approved to recover, recycle, and/or
recharge the refrigerant R-1234yf for MVACs.

A. What are the standards the EPA is proposing to adopt?

The EPA is proposing to amend 40 CFR part 82, subpart B, sections
82.32, 82.36, 82.38, and 82.40 to adopt three equipment standards for
the servicing of MVACs that use R-1234yf and incorporate these
standards by reference. The three standards are:
SAE J2843 (revised July 2019), ``R-1234yf [HFO-1234yf]
Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for
Mobile Air-Conditioning Systems;''
SAE J2851 (revised February 2015), ``Recovery Equipment
for Contaminated R-134a or R-1234yf Refrigerant from Mobile Air
Conditioning Systems;'' and
SAE J3030 (revised July 2015), ``Automotive Refrigerant
Recovery/Recycling/Recharging Equipment Intended for use with Both R-
1234yf and R-134a.''
SAE J2843, J2851, and J3030 were developed by SAE, which is a
global association of more than 138,000 engineers and related technical
experts in the aerospace, automotive, and commercial-vehicle
industries. The SAE Interior Climate Control Standards Committee
consists of a Steering Committee plus sub-committees: Fluids, MAC
Supplier, Service, and Vehicle OEM. The SAE Interior Climate Control
Standards Committee has published more than 50 documents and has an HS-
2900 handbook that include standards on safety, refrigerants,
components, testing, service procedures, service equipment, and
training. The EPA has previously cited some of these standards in
regulations. This committee includes representatives from across the
MVAC industry including but not limited to system component
manufacturers, automobile manufacturers, servicing equipment
manufacturers, and refrigerant manufacturers. Each of the SAE Ground
Vehicle Standards for technical specifications related to MVAC
servicing undergoes a rigorous peer review process.
All three of the SAE standards that the EPA is proposing to adopt
relate to recycling and/or removal of R-1234yf. R-1234yf has gained
significant market share in motor vehicles since its introduction in
the 2013 model year (MY). According to the 2018 EPA Automotive Trends
Report, in the 2017 MY, use of R-1234yf has grown to ten manufacturers
(accounting for almost 40% of the US new vehicle fleet) and some
manufacturers have implemented R-1234yf across their entire vehicle
brands.\4\ This increased use of R-1234yf will lead to more MVACs
needing to be serviced and/or repaired compared to when R-1234yf was
first introduced. Adopting the three standards would assist technicians
choosing to repair or service MVACs containing R-1234yf to properly use
approved refrigerant handling equipment when performing any service
involving the refrigerant. As R-1234yf is classified as mildly
flammable, the equipment meeting these standards must have electrical
components deemed acceptable for exposure to refrigerants at that level
of flammability, ensuring the safety of technicians. This proposed rule
would also increase industry flexibility in selecting proper recovery,
recycling, and recharging equipment by expanding their options. These
standards would also help to mitigate the risk to human health and the
environment by directing technicians towards equipment that should
limit unintentional releases of automotive refrigerant during the
service or repair of MVACs. Moreover, use of equipment that meets the
standards the EPA is proposing to incorporate by reference should
reduce

[[Page 17524]]

mixing of refrigerants. Preventing the mixing of refrigerants
facilitates refrigerant recycling and reduces releases into the
atmosphere. Equipment certified to meet SAE J2843, J2851, and/or J3030
would be approved under CAA section 609 implementing regulations.
Equipment meeting these standards are capable of near-complete recovery
of refrigerant from such MVACs. Some of this equipment is designed for
use with MVACs containing either R-134a or R-1234yf; this equipment is
certified to prevent contamination when switching between refrigerants.
Below is a further description of each of the standards.
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\4\ https://www.epa.gov/automotive-trends/download-automotive-trends-report.
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i. SAE J2843
SAE J2843 (adopted July 2019) establishes standards for equipment
that recovers, recycles, and/or recharges R-1234yf in MVACs. This
standard applies to equipment intended for use with R-1234yf
refrigerant only. Equipment meeting this standard must be capable of
recovering refrigerant within 30 minutes, which is consistent with
other SAE standards, resulting in convenience for the car owner as well
as the technician. The recycling capabilities of equipment meeting SAE
J2843 can return the refrigerant to the same level of purity as newly
manufactured (virgin) refrigerant, ensuring that the refrigerant
recharged into the system will provide the same level of performance
and durability as virgin refrigerant. This recycling allows for the
continued use of recovered refrigerant. Prior to recharging an MVAC,
service technicians using equipment meeting this standard can check for
leaks that could be repaired to avoid refrigerant releases. Maintaining
a properly charged MVAC should result in efficient operation.
ii. SAE J2851
SAE J2851 (adopted February 2015) establishes minimum performance
and operating standards for equipment that recovers contaminated R-134a
and/or R-1234yf refrigerant from MVACs. Refrigerant recovered with this
equipment cannot be recycled on-site and instead should be returned to
an EPA-approved reclamation facility that will process it appropriately
as per Air-Conditioning, Heating, and Refrigeration Institute (AHRI)
700 standard entitled Specifications for Fluorocarbon Refrigerants.
Refrigerant recovery equipment should ensure adequate refrigerant
recovery and reduce emissions during the removal of refrigerant from
MVACs.
iii. SAE J3030
SAE J3030 (adopted July 2015) establishes the minimum requirements
for recovery/recycling/recharging equipment intended for use to service
MVACs that contain either R-1234yf or R-134a. New equipment capable of
performing any service on MVACs that involves recovery of, recycling
of, or recharging with either R-134a or R-1234yf would be required to
meet SAE J3030 requirements for both refrigerants. The dual-refrigerant
equipment covered by this standard may be useful given that R-134a and
R-1234yf are both widely used in motor vehicles in the United States.

B. What is the effect of adopting these standards?

Adopting these standards would assist approved independent
standards testing organizations (currently UL and ETL) in certifying
equipment for commercial refrigerant recovery/recycling that meet the
EPA's minimum performance requirements outlined in the CAA. In
addition, service and repair shops would be required to use equipment
certified to meet SAE J2843, J2851, and J3030 if servicing MVACs using
R-1234yf.
EPA's proposed amendments to 40 CFR 82.36 would revise paragraph
(a)(7), add paragraphs (a)(8), (9), (10) and add a note following
(a)(10) to add additional options to the list of approved refrigerant
handling equipment. This revision would allow servicing equipment
manufactured to meet SAE J2843, J2851, and J3030 certified by the EPA
or an independent standards testing organization approved by the EPA
under 40 CFR 82.38 to meet the requirements of 40 CFR 82.34(a)(1). The
EPA is also proposing to amend 40 CFR 82.32(e)(1), 82.38, and 82.40 to
include references to 40 CFR 82.36(a)(8) through (10). The revisions to
40 CFR 82.32(e)(1) update the definition of the term ``properly using''
to add the standards incorporated by reference at 40 CFR 82.36(a)(8)
through (10) to the list of recommended service procedures and
practices for the containment of refrigerant. The revisions to 40 CFR
82.38 allow independent standards testing organizations to apply for
approval to certify equipment as meeting the standards incorporated by
reference at 40 CFR 82.36(a)(8) through (10), as well as the currently
existing standards in appendices A, B, C, D, E and F. The revisions to
40 CFR 82.40 add the standards incorporated by reference at 40 CFR
82.36(a)(8) through (10) to the list of standards that any technician
training program seeking approval must demonstrate are covered by their
certification tests. It would be appropriate for approved technician
training and certification programs to update their materials to
reflect the standards incorporated by reference at 40 CFR 82.36(a)(8)
through (10) and to submit a summary of the conforming changes to the
Administrator as part of the summary required by 40 CFR 40.82(c).
Current regulations at 40 CFR 82.36 contain the requirements for
approved refrigerant handling equipment, including the requirement for
certification of such equipment by the EPA or an independent, standards
testing organization approved by the EPA. The Agency maintains a list
of approved equipment by manufacturer and model, found here: https://www.epa.gov/mvac/section-609-certified-equipment.
Lastly, the EPA is proposing to amend Appendix F to subpart B of
part 82. This appendix contains specifications for recovery equipment
that extracts a single, specific refrigerant other than those named in
the other appendices to subpart B. Since the EPA is proposing to add
standards for recovery equipment for MVACs containing R-1234yf, the EPA
is proposing to note that as appropriate, in this appendix.
The EPA is proposing to require technicians servicing MVACs
containing R-1234yf to use servicing equipment that meets the minimum
requirements of these standards to protect human health and the
environment. Use of equipment that meets these standards also supports
compliance with the prohibition in section 608(c) of the CAA on
knowingly venting or otherwise knowingly releasing or disposing of
refrigerant in a manner that allows the refrigerant to enter the
environment in the course of servicing, maintaining, repairing, or
disposing of an appliance. In addition, proper handling of R-1234yf is
important given it is listed by ASHRAE as an A2L refrigerant meaning it
is mildly flammable.\5\ The EPA requests comment on the adoption of the
three SAE standards described in this proposed rulemaking.
---------------------------------------------------------------------------

\5\ American National Standards Institute (ANSI)/ASHRAE Standard
34--2016 assigns a safety group classification for each refrigerant
which consists of two alphanumeric characters (e.g., A2 or B1). The
capital letter indicates the toxicity (i.e., A = no evidence of
toxicity, B = signifies toxicity) and the numeral denotes the
flammability. Refrigerants with flammability classification ``3''
are highly flammable while those with flammability classification
``2'' are less flammable and those with flammability classification
``2L'' are mildly flammable.

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

[[Page 17525]]

IV. Incorporation by Reference

The EPA is proposing to adopt the following three standards by
incorporating them by reference--SAE J2843 (adopted July 2019), ``R-
1234yf [HFO-1234yf] Recovery/Recycling/Recharging Equipment for
Flammable Refrigerants for Mobile Air-Conditioning Systems;'' SAE J2851
(adopted February 2015) ``Recovery Equipment for Contaminated R-134a or
R-1234yf Refrigerant from Mobile Air Conditioning Systems;'' and SAE
J3030 (adopted July 2015) ``Automotive Refrigerant Recovery/Recycling/
Recharging Equipment Intended for use with Both R-1234yf and R-134a.''
This action would approve and provide technical specifications for MVAC
recovery/recycling/recharging equipment so that it may be used for R-
1234yf under CAA section 609 and 40 CFR part 82, subpart B. These
standards are discussed in greater detail in section III of this
preamble.
Incorporation by reference allows Federal agencies to comply with
the requirement to publish rules in the Federal Register and the Code
of Federal Regulations by referring to material already published
elsewhere. The legal effect of incorporation by reference is that the
material is treated as if it were published in the Federal Register and
Code of Federal Regulations.
SAE J2843, J2851, and J3030 are available for purchase by mail at:
SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-
0001; Telephone: 1-877-606-7323 in the U.S. or Canada (other countries
dial 1-724-776-4970); internet address for SAE J2843: https://www.sae.org/standards/content/j2843_201907; internet address for SAE
J2851: https://www.sae.org/standards/content/j2851_201502; internet
address for SAE J3030: https://www.sae.org/standards/content/j3030_201507. The cost of SAE J2843, SAE J2851, and SAE J3030 is $83
each for an electronic or hard copy. The cost of obtaining these
standards is not a significant financial burden for manufacturers of
MVACs or recovery equipment manufacturers and purchase is not required
for those selling, installing, or using the refrigerant handling
equipment covered by these standards. Therefore, the EPA concludes that
SAE J2843, SAE J2851, and SAE J3030 are reasonably available. Also, as
noted above, a copy of the standards will be available in hard copy
during the public comment period in the Public Reading Room for the Air
and Radiation Docket. The EPA requests comment on incorporating by
reference these three standards.

V. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0247. This rule contains no new requirements for
reporting or recordkeeping.

D. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action proposes to adopt and
incorporate by reference three technical standards developed by SAE for
equipment that recovers, recycles, and/or recharges R-1234yf in MVACs.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain any Federal mandates or unfunded
mandates as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.

F. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

This action involves technical standards for the servicing of MVACs
that use R-1234yf. The EPA is proposing to incorporate by reference
three industry consensus standards: SAE J2843 ``R-1234yf [HFO-1234yf]
Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for
Mobile Air-Conditioning Systems''; SAE J2851 ``Recovery Equipment for
Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air
Conditioning Systems''; and SAE J3030 ``Automotive Refrigerant
Recovery/Recycling/Recharging Equipment Intended for use with Both R-
1234yf and R-134a.'' Specifically, these standards are:
1. SAE J2843: R-1234yf [HFO-1234yf] Recovery/Recycling/Recharging

[[Page 17526]]

Equipment for Flammable Refrigerants for Mobile Air-Conditioning
Systems (adopted July 2019). This standard applies to refrigerant
handling equipment intended for use with R-1234yf refrigerant from
MVACs only. It establishes requirements for equipment used to recover,
recycle, and/or recharge R-1234yf. This standard is available at
https://www.sae.org/standards/content/j2843_201907.
2. SAE J2851: Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air Conditioning Systems
(adopted February 2015). This standard applies to recovery equipment
that removes contaminated R-134a and/or R-1234yf from MVACs. This
standard is available at https://www.sae.org/standards/content/j2851_201502.
3. SAE J3030: Automotive Refrigerant Recovery/Recycling/Recharging
Equipment Intended for use with Both R-1234yf and R-134a (adopted July
2015). This standard establishes the minimum equipment requirements for
recovery/recycling/recharge equipment intended for use with both R-
1234yf and R-134a in a common refrigerant circuit that has been
directly removed from, and is intended for reuse, in MVACs. This
standard is available at https://www.sae.org/standards/content/j3030_201507.
These standards may be purchased by mail at: SAE Customer Service,
400 Commonwealth Drive, Warrendale, PA 15096-0001; by telephone: 1-877-
606-7323 in the United States or 1-724-776-4970 outside the United
States or in Canada. The cost of SAE J2843, SAE J2851, and SAE J3030 is
$81 each for an electronic or hard copy. The cost of obtaining these
standards is not a significant financial burden for manufacturers of
MVACs and purchase is not required for those selling, installing, or
servicing MVACs. Therefore, the EPA concludes that SAE J2843, SAE
J2851, and SAE J3030 are reasonably available.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action proposes to adopt and incorporate by reference three
technical standards for equipment that recovers, recycles, and/or
recharges R-1234yf in MVACs. The proper use of servicing equipment
prevents the intentional release of refrigerant to the environment and
decreases the amount of such emissions to which all affected
populations are exposed.

List of Subjects in 40 CFR Part 82

Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Recycling, Reporting
and recordkeeping requirements, Stratospheric ozone layer.

Dated: March 6, 2020.
Andrew R. Wheeler,
Administrator.

For the reasons set out in the preamble, EPA proposes to amend 40
CFR part 82 as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

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

Subpart B--Servicing of Motor Vehicle Air Conditioners

0
2. Add Sec. 82.31 to read as follows:

Sec. 82.31 Incorporation by reference.

(a) Certain material is incorporated by reference into this subpart
part with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the
sources listed below. You may inspect a copy of the approved material
at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC, phone: 202-566-1742, or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) SAE International. SAE Customer Service, 400 Commonwealth
Drive, Warrendale, PA 15096-0001 USA; Email: CustomerService@sae.org;
Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970
(outside the U.S. and Canada); internet address: http://store.sae.org/dlabout.htm.
(1) SAE J2843. R-1234yf [HFO-1234yf] Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants for Mobile Air-Conditioning
Systems. July 2019; approved for Sec. 82.36(a).
(2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air Conditioning Systems.
February 2015; approved for Sec. 82.36(a).
(3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging
Equipment Intended for Use with Both R-1234yf and R-134a. July 2015;
approved for Sec. 82.36(a).
0
3. Amend Sec. 82.32 by revising paragraph (e)(1) to read as follows:

Sec. 82.32 Definitions.

* * * * *
(e) Properly using. (1) Properly using means using equipment in
conformity with the regulations set forth in this subpart, including
but not limited to the prohibitions and required practices set forth in
Sec. 82.34, and the recommended service procedures and practices for
the containment of refrigerant set forth in Sec. 82.36(a) and
appendices A, B, C, D, E, F to this subpart, as applicable. In
addition, this term includes operating the equipment in accordance with
the manufacturer's guide to operation and maintenance and using the
equipment only for the controlled substance for which the machine is
designed. For equipment that extracts and recycles refrigerant,
properly using also means to recycle refrigerant before it is returned
to a motor vehicle air conditioner or MVAC-like appliance, including to
the motor vehicle air conditioner or MVAC-like appliance from which the
refrigerant was extracted. For equipment that only recovers
refrigerant, properly using includes the requirement to recycle the
refrigerant on-site or send the refrigerant off-site for reclamation.
* * * * *
0
4. Amend Sec. 82.36 by:
0
a. Revising paragraph (a)(7);
0
b. Adding paragraphs (a)(8) through (10).
The revision and additions read as follows:

Sec. 82.36 Approved refrigerant handling equipment.

(a) * * *
(7) Equipment that recovers but does not recycle refrigerants other
than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth
in Appendix F of this subpart (Recover-Only Equipment that Extracts a
Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or HFO-
1234yf).
(8) Equipment that recovers and recycles HFO-1234yf refrigerant
from MVACs and recharges MVAC systems with HFO-1234yf refrigerant must
meet the standards set forth in SAE J2843, Recovery Equipment for
Contaminated R-134a or R-1234yf Refrigerant from Mobile Air
Conditioning Systems, (incorporated by reference, see Sec. 82.31).

[[Page 17527]]

(9) Equipment that recovers but does not recycle contaminated HFC-
134a and/or HFO-1234yf refrigerant from MVACs must meet the standards
set forth in SAE J2851, Recovery Equipment for Contaminated R-134a or
R-1234yf Refrigerant from Mobile Air Conditioning Systems,
(incorporated by reference, see Sec. 82.31).
(10) Equipment that recovers, recycles, and recharges both HFO-
1234yf and R-134a from MVACs must meet the standards set forth in SAE
J3030, Automotive Refrigerant Recovery/Recycling/Recharging Equipment
Intended for Use with Both R-1234yf and R-134a, (incorporated by
reference, see Sec. 82.31).
* * * * *
0
5. Amend Sec. 82.38 by revising paragraph (a) 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 Sec. 82.36(a) and appendices A, B, C, D, E, F to this
subpart, as applicable. The application shall be sent to: MVACs
Recycling Program Manager, Stratospheric Protection Division (6205T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.
* * * * *
0
6. Amend Sec. 82.40 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 MVACs
and MVAC-like appliances as set forth in Sec. 82.36(a) and appendices
A, B, C, D, E, F to this subpart, as applicable. 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.
* * * * *
0
7. Amend Appendix F to subpart B of part 82 by revising the appendix
heading, the ``Foreword'' section, sections 1 and 3.1, and the
``Application'' section to read as follows:

Appendix F to Subpart B of Part 82--Standard for Recover-Only Equipment
That Extracts a Single, Specific Refrigerant Other Than CFC-12, HFC-
134a, or R-1234yf

Foreword

These specifications are for equipment that recovers, but does
not recycle, any single, specific automotive refrigerant other than
CFC-12, HFC-134a, or HFO-1234yf, including a blend refrigerant.

Scope

The purpose of this standard is to provide equipment
specifications for the recovery of any single, specific refrigerant
other than CFC-12, HFC-134a, or HFO-1234yf, including a blend
refrigerant, which is either (1) to be returned to a refrigerant
reclamation facility that will process the refrigerant to ARI
Standard 700-93 or equivalent new product specifications at a
minimum, or (2) to be recycled in approved refrigerant recycling
equipment, or (3) to be destroyed. This standard applies to
equipment used to service automobiles, light trucks, and other
vehicles with similar air conditioning systems.
* * * * *

3. Specifications and General Description

3.1 The equipment must be able to extract from a mobile air
conditioning system the refrigerant other than CFC-12, HFC-134a, or
HFO-1234yf to which the equipment is dedicated.
* * * * *

Application

The purpose of this standard is to provide equipment
specifications for the recovery of any refrigerant other than CFC-
12, HFC-134a, or HFO-1234yf for return to a refrigerant reclamation
facility that will process it to ARI Standard 700-93 (or for
recycling in other EPA approved recycling equipment, in the event
that EPA in the future designates a standard for equipment capable
of recycling refrigerants other than CFC-12, HFC-134a, or HFO-
1234yf).
* * * * *
[FR Doc. 2020-05197 Filed 3-27-20; 8:45 am]
BILLING CODE 6560-50-P