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

Jane Nishida
Environmental Protection Agency
24 March 2021

[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Rules and Regulations]
[Pages 15587-15596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05363]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2013-0597; FRL-10014-63-OAR]
RIN 2060-A075

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is adopting 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 rule adopts the most current versions of these
standards by incorporating them by reference into the regulations under
Title VI of the Clean Air Act (CAA). This will provide additional
flexibility for industry stakeholders that wish to select recovery and
recycling equipment certified to these standards.

DATES: This final rule is effective on April 23, 2021, 30 days after
publication in the Federal Register. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of April 23, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2013-0597. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available electronically through
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-7768; email address:
farquharson.chenise@epa.gov.

SUPPLEMENTARY INFORMATION:

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 CAA Section 609
III. What is the EPA finalizing in this action?
A. What are the standards the EPA is adopting?
i. SAE J2843
ii. SAE J2851
iii. SAE J3030
B. What is the effect of adopting these standards?
IV. Incorporation by Reference
V. Response to Comments
A. Support for Adoption of the Standards
B. Concerns Regarding SAE J3030
C. Other Suggestions and Concerns
VI. 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
L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

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)

[[Page 15588]]

This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. Other types of entities not listed above could also be
regulated. To determine whether your entity is regulated by this
action, you should carefully examine the applicability criteria found
in 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)
ASHRAE American Society of Heating, Refrigerating and Air-
Conditioning Engineers
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
ICCSC Interior Climate Control Standards Committee
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 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 (e.g., payment
or bartering) may perform any service on an MVAC that involves the
refrigerant \2\ without properly using approved refrigerant recovery or
recovery and recycling equipment, and no such person may perform such
service for consideration 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, appendices A and
B, respectively.
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\2\ Section 609(b)(1) defines the term ``refrigerant,'' ``[a]s
used in this section'', to mean ``any class I or class II substance
used in a motor vehicle air conditioner. Effective 5 years after
November 15, 1990, the term `refrigerant' shall also include any
substitute substance.''
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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); 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 part 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 CAA 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. Consistent with the definition in CAA section
609(b)(1), ``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.\3\ 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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\3\ 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

[[Page 15589]]

standards testing organization may apply to the agency for approval to
test and certify 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 Intertek
(formerly 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
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 and recovery/recycling/recharging equipment for R-134a;
recover-only equipment for R-12, R-134a, and hydrofluoroolefin (HFO)-
1234yf or 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/recycling and recovery/
recycling/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. Test
results from the SAE Improved Mobile Air Conditioning Cooperative
Research Project,\4\ an MVAC industry sponsored research project,
showed that equipment certified to meet SAE J2210 and SAE J1732 \5\
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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\4\ SAE, Improved Mobile Air Conditioning Cooperative Research
Program. https://www.regulations.gov/document?D=EPA-HQ-OAR-2006-0428-0003 and https://www.regulations.gov/document?D=EPA-HQ-OAR-2008-0231-0002.
\5\ 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 finalizing in this action?

The EPA is amending 40 CFR part 82, subpart B, Sec. Sec. 82.32,
82.36, 82.38, and 82.40 to adopt three equipment standards for the
servicing of MVACs that use the refrigerant R-1234yf by incorporating
them by reference into the CAA section 609 regulations. The standards
provide technical specifications for equipment used for servicing MVACs
containing R-1234yf consistent with CAA section 609 regulations,
codified at 40 CFR part 82, subpart B. The refrigerant 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 existing 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. This final rule adds equipment
certified to meet SAE J2843, J2851, and J3030 to the equipment approved
under CAA section 609 implementing regulations to recover, recycle,
and/or recharge the refrigerant R-1234yf for MVACs.

A. What are the standards the EPA is adopting?

The EPA is adopting the following three equipment standards for the
servicing of MVACs that use R-1234yf:
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
(ICCSC) consists of five sub-

[[Page 15590]]

committees: Steering, Service, Fluids, MAC Supplier, and Vehicle OEM.
The SAE ICCSC includes representatives from across the MVAC industry,
including system component manufacturers, automobile manufacturers,
servicing equipment manufacturers, and refrigerant manufacturers. The
members of each committee have expertise in that area and are
responsible for the development of SAE standards or recommended
practice documents. The committee has published more than 50 documents
and has an HS-2900 handbook that includes standards on safety,
refrigerants, components, testing, service procedures, service
equipment, and training. Each of the SAE Ground Vehicle Standards
(e.g., SAE J2843, J2851, and J3030) for technical specifications
related to MVAC servicing undergoes a rigorous peer review process. The
EPA has previously cited some of these standards in regulations.
The three SAE standards that are being adopted and incorporated by
reference relate to recycling, recovery, and/or recharging 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 2019 EPA
Automotive Trends Report, in the 2018 MY, use of R-1234yf has grown to
13 manufacturers (accounting for more than 60% of the US new vehicle
fleet) and some manufacturers have implemented R-1234yf across their
entire vehicle brands.\6\ 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 SAE J2843, J2851, and J3030 will
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 by the American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) 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 rule also increases industry
flexibility in selecting proper recovery, recycling, and recharging
equipment by expanding the available options. Adoption of the standards
also helps 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 SAE J2843, J2851, and
J3030 should reduce mixing of refrigerants. Preventing the mixing of
refrigerants facilitates refrigerant recycling and reduces releases
into the atmosphere. Equipment meeting the three standards are capable
of near-complete recovery of refrigerant from such MVACs. Below is
further description of each standard.
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\6\ EPA, 2019. Automotive Trends Report. Available at: https://www.epa.gov/automotive-trends/download-automotive-trends-report.
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i. SAE J2843
SAE J2843 (revised 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 (revised 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 Refrigerants. Refrigerant
recovery equipment should ensure adequate refrigerant recovery and
reduce emissions during the removal of refrigerant from MVACs.
iii. SAE J3030
SAE J3030 (revised 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.
Equipment certified to J3030 are designed to prevent contamination when
switching between refrigerants.

B. What is the effect of adopting these standards?

Adopting these standards will assist approved independent standards
testing organizations (currently UL and Intertek) in certifying
equipment for commercial refrigerant recovery/recycling/recharging that
meet the EPA's minimum performance requirements. In addition, service
and repair shops would be required to use equipment certified to meet
SAE J2843, J2851, and J3030 when servicing MVACs using R-1234yf.
The EPA's amendments to 40 CFR 82.36 revise paragraph (a)(7) and
add paragraphs (a)(8), (9), (10). These revisions establish that
servicing equipment manufactured to meet SAE J2843, J2851, or J3030
that is certified by the EPA (or by an independent standards testing
organization approved by the EPA under 40 CFR 82.38) may be used for
repairing or servicing MVACs consistent with 40 CFR 82.34(a)(1). The
EPA is also amending 40 CFR 82.32(e)(1), 82.38, and 82.40 to include
references to 40 CFR 82.36(a)(8)-(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)-(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)-(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)-(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

[[Page 15591]]

standards incorporated by reference at 40 CFR 82.36(a)(8)-(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 at: https://www.epa.gov/mvac/section-609-certified-equipment.
Lastly, the EPA is amending 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 adding standards for
recovery equipment for MVACs containing R-1234yf, the EPA is noting
that as appropriate, in this appendix.
Existing EPA regulations that are not modified by this action
require stakeholders who chose to service or repair vehicles that use
R-1234yf to use certified equipment. Equipment certified to meet SAE
J2843, J2851, and J3030 will provide additional flexibility for
industry stakeholders and protect human health and the environment. Use
of equipment that meets the three 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.\7\
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\7\ 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.
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IV. Incorporation by Reference

The EPA is adopting the following three standards by incorporating
them by reference--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 Automotive 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.''
Section III.A. of this preamble discusses these standards in greater
detail. This action approves and provides 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.
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.

V. Response to Comments

The EPA received eight comments on the proposed rule from
individuals and organizations with various interests in the MVAC
industry. Most commenters supported the proposal to adopt SAE J2843,
J2851, and J3030 by incorporating them by reference into the
regulations implementing CAA section 609. A few commenters also
suggested changes the EPA should consider incorporating into the CAA
section 609 regulations or requested additional information concerning
the three standards. Some of the commenters raised issues that are
outside the scope of this rulemaking and the EPA is not providing a
specific response to those comments. We have grouped comments together
and responded to the issues raised by the commenters in the sections
that follow.

A. Support for Adoption of the Standards

Comment: Seven commenters supported the proposal to adopt the three
SAE standards. One commenter stated that adopting the standards would
reduce the amount of refrigerant currently being used and needed to
meet future demand. One commenter stated that adopting the standards
would establish clear guidance for the automotive repair sector to
ensure the equipment and procedures being used effectively support the
overall goal of reducing the global warming impact of air conditioning.
Another commenter stated that having proper equipment, usage/handling
of the materials/vapors, and being certified to use the equipment is
paramount to environmental protection.
Response: EPA acknowledges the comments and is adopting the three
standards as proposed.

B. Concerns Regarding SAE J3030

Comment: One commenter expressed support for the adoption of SAE
J2843 and J2851, but objected to the adoption of SAE J3030, which
covers R-134a and R-1234yf dual refrigerant equipment. The commenter
stated that by allowing machines to service both R-134a and R-1234yf
MVACs there is potential for misuse and refrigerant cross-
contamination, which would be problematic for service providers,
consumers, original equipment manufacturers (OEMs), and reclaimers due
to flammability concerns. The commenter also stated that any
environmental benefit from the use of a lower global warming potential
(GWP) refrigerant and carbon dioxide (CO2)-equivalent
credits \8\ generated by OEMs for mileage allowance from the transition
to R-1234yf will be lost if R-134a is used to service R-1234yf MVACs.
Additionally, the commenter also stated that the value of the
refrigerant for recovery, recycling, and recharging would be lost as it
would be impossible to separate the refrigerants from one another.
---------------------------------------------------------------------------

\8\ CO2 equivalence (CO2e) expresses the
global warming potential of a greenhouse gas (for A/C,
hydrofluorocarbons) by normalizing that potency to CO2's.
Thus, the maximum A/C credit for direct emissions is the equivalent
of 18.8 grams/mile of CO2 for cars.

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

[[Page 15592]]

Response: The EPA acknowledges the commenter's support for the
adoption of SAE J2843 and J2851. With regard to the commenter's
concerns regarding SAE J3030, the EPA does not agree that the use of
equipment certified to meet SAE J3030 would result in cross-
contamination of MVACs. SAE J3030 was developed to prevent the misuse
and tampering of servicing equipment, the mixing of R-134a and R-
1234yf, and the contamination of MVACs by technicians while a
significant number of vehicles with R-134a are in use and R-1234yf is
being used in an increasing number of new motor vehicles. A similar
standard was developed to certify equipment intended for use with both
R-12 to R-134a MVACs in 1995: SAE J1770, Automotive Refrigerant
Recovery/Recycling Equipment Intended for use With Both R12 and R134a
(Cancelled November 2010). SAE J1770 established specific minimum
equipment requirements for recovery/recycling equipment intended for
use with both R-12 and R-134a in a common refrigerant circuit that had
been directly removed from and intended for reuse in MVACs. We have no
information suggesting that proper use of equipment certified to SAE
J1770 led to any increase in emissions of R-12 or R-134a. Based on our
experience with SAE J1770, we are confident that proper use of
equipment certified to SAE J3030 also will not lead to any increase in
emissions of R-134a.
The EPA acknowledges the potential safety hazards, flammability
risks, and potential for cross-contamination when multiple refrigerants
are used to service MVACs. The agency also acknowledges the potential
loss of environmental benefits if a refrigerant other than the one for
which the vehicle is designed is used to service the system. However,
incorporating SAE J3030 by reference does not alter the regulatory
requirements governing which refrigerants can be used for servicing.
Instead, as explained below, SAE J3030 was specifically designed to
minimize cross contamination and thus preserve environmental benefits.
The commenter's concern about a potential loss of CO2e
credits is also misplaced. Under EPA's light-duty Greenhouse Gas (GHG)
standards for MY 2017-2025, vehicle manufacturers may generate credits
toward compliance with the CO2e GHG emission standards, both
for improving the efficiency of MVACs and for reducing MVAC HFC
emissions by reducing leakage or using alternative, lower-GWP
refrigerants. (see 40 CFR 86.1865-12 and 1867-12). Any credits a
manufacturer may generate at the time of vehicle production based on
the use of a specific MVAC refrigerant are not affected by actions
taken later at facilities servicing those vehicles. However, the
expected GHG emission reductions from the GHG program can only be
achieved if the proper refrigerant is used throughout the useful life
of the vehicles, so avoiding cross contamination of the servicing
equipment maintains the intended benefits of the GHG program when
vehicle MVAC systems are recharged.
SAE J3030 was developed to mitigate potential risks and concerns by
establishing equipment specifications and testing procedures for
certifying laboratories to ensure that equipment does not cross
contaminate refrigerant above specified limits when used under normal
operating conditions. For example, as discussed in section 3.3 of the
standard, equipment certified to SAE J3030 ``must meet all feature
content and functional requirements of both SAE J2788 for R-134a and
SAE J2843 for R-1234yf and pass all test requirements of these
standards. In addition, it must pass a changeover test to determine
that any refrigerant cross-contamination is within the limits of this
standard.'' Additionally, section 4.1.1 of the standard describes the
requirement for SAE J3030-certified equipment to have ``an
electronically-controlled electro-mechanical lockout to permit the
recovery, recycle, recharge sequence of either R-1234yf or R-134a. If
[the equipment determines that the MVAC system] does not contain R-
1234yf or R-134a in the required purity, it shall not permit
refrigerant recovery.'' For these reasons, we conclude that proper use
of equipment certified to SAE J3030 is not related to GHG credits
generated by auto manufacturers and will not lead to a loss in either
the expected environmental benefits of the GHG program or
CO2e credits.

C. Other Suggestions and Concerns

Comment: One commenter noted a technical error in the title of SAE
J2843 in the proposed regulatory text at 40 CFR 82.36(a)(8).
Response: The EPA appreciates this comment and has corrected the
title of SAE J2843 in the final rule.
Comment: One commenter would like to see more enforcement of the
CAA 609 regulations as they pertain to technicians and service shop
owners. The commenter requested that the EPA require that all certified
AC shops have their technicians certified under the ASE Refrigerant
Recovery and Recycling Program and provide proof when applying for
their business license. The commenter also requested that the EPA
require that proper storage procedures are in place for refrigerants.
Additionally, the commenter voiced concern about the cost to service
centers that would need to purchase new equipment.
Response: The EPA acknowledges the commenter's suggestions.
Comments concerning enforcement, technician certification, and
refrigerant storage procedures are beyond the scope of this rulemaking
and thus no response to comments on those topics is required. In this
action, the EPA is solely adopting by incorporating by reference the
three existing SAE standards that include guidelines and requirements
for equipment designed to service R-1234yf MVACs. The EPA did not
propose and is not requiring in this final rule that service shops
service R-1234yf MVACs. Prior to the issuance of this final rule, there
was and continues to be certified equipment that can be used by service
shops that choose to service MVACs with R-1234yf and do not wish to use
equipment that meets the standards EPA is adopting. This rule provides
additional flexibility to service shops by expanding the universe of
equipment that may be certified for use by technicians. As such, it
does not impose costs on service shops. With regards to the commenter's
proposal that the EPA require technicians to be certified under the ASE
Refrigerant Recovery and Recycling Program, as noted above, the EPA did
not propose and is not making any changes to the technician
certification requirements in this final rule; EPA's existing
regulations currently require that all technicians who repair or
service MVACs for consideration be trained and certified by one of the
EPA-approved technician training and certification programs, which are
listed at https://www.epa.gov/mvac/section-609-technician-training-and-certification-programs.
Comment: One commenter inquired about studies regarding efficiency
of the standards, impacts of the standards for vehicle manufacturers
and service centers, and the environmental benefits of recycling versus
discarding R-1234yf.
Response: With regard to the question regarding efficiency of the
standards, we assume the commenter is asking about the efficiency rate
achieved by the standards. As discussed above in section II.B of this
rule, SAE J2843 includes requirements established in SAE J2788 that
should result in an efficient 95% refrigerant recovery rate during MVAC
servicing. Research showed that equipment certified to meet

[[Page 15593]]

SAE J2210 and SAE J1732 \9\ 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. Regarding impacts on vehicle manufacturers and
service centers, this action is intended to provide additional
flexibility for industry stakeholders that wish to select recovery and
recycling equipment certified to the three SAE standards. This action
should not affect vehicle manufacturers and does not require the
purchase of R-1234yf MVAC servicing equipment. Instead it adopts
existing SAE standards that include guidelines and requirements for
equipment designed to service R-1234yf MVACs safely and efficiently.
Regarding the question about the benefits of recycling versus
discarding R-1234yf, the EPA did not propose and is neither requiring
nor prohibiting either destruction or recycling of R-1234yf in this
final rule, and thus this issue is not relevant to this rulemaking.
Destruction of the refrigerant remains a viable option for service
shops (e.g., service shops could recover and send for destruction the
refrigerant if so desired). Under CAA section 609, all refrigerant,
including R-1234yf, must be properly recycled or reclaimed before it
can be reused, even if it is being returned to the vehicle from which
it was removed. We understand that most service shops today choose to
recover and either recycle or send for reclamation MVAC refrigerants.
Additionally, CAA section 608 and its implementing regulations prohibit
knowingly venting or otherwise knowingly releasing or disposing of
refrigerants such as R-1234yf when maintaining, servicing, repairing,
or disposing of air conditioning or refrigeration equipment, including
MVACs. When an MVAC system enters the waste stream, the final person in
the disposal chain must recover the refrigerant, or verify using a
signed statement or contract that the refrigerant has been recovered,
prior to disposal. Additional information and requirements regarding
safe disposal is available at https://www.epa.gov/section608/stationary-refrigeration-safe-disposal-requirements.
---------------------------------------------------------------------------

\9\ 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)).
---------------------------------------------------------------------------

Comment: One commenter requested that the EPA rely more on the
International Laboratory Accreditation Cooperation accreditation
framework for assessments, monitoring, and granting accreditations. The
commenter further requested that the EPA collaborate with DOC/NIST/
Standards Coordination Office in order to provide consistent guidance.
Response: The EPA also acknowledges the commenter's additional
suggestions; however, they are outside the scope of this rulemaking, so
no response is required.
Comment: One commenter expressed support for adoption of the three
standards and stated that they are appropriate in that they help ensure
the efficacy of MVAC refrigerant recycling equipment. The commenter,
however, stated that the EPA does not have authority under CAA section
609 to mandate the purchase and use of R-1234yf servicing equipment and
strongly objected to any mandate that requires the purchase and use of
R-1234yf MVAC servicing equipment by dealerships because ``R-1234yf is
not an [ozone-depleting substance (ODS)].'' The commenter also objected
to the proposed changes to the definition of ``properly using'' that
they asserted would require the use of R-1234yf MVAC servicing
equipment in conformity with the regulations at 40 CFR part 82, subpart
B. The commenter asserted that the rule ``lacks both a sufficient legal
basis and any plausible cost/benefit justification'' and that market-
based decisions alone should be considered.
Response: The EPA acknowledges the commenter's support for the
adoption of the three standards. In this action, the EPA is adopting
and incorporating by reference the three existing SAE standards to
provide additional flexibility for stakeholders who wish to select
recovery and recycling equipment certified to the three standards. The
EPA did not propose and is not mandating in this final rule that any
person or dealership that services vehicles use R-1234yf or purchase or
use R-1234yf MVAC servicing equipment. The commenter's assertion that
the EPA does not have authority to mandate the purchase and use of R-
1234yf MVAC servicing equipment is thus not relevant to this action and
requires no further response. CAA section 609 gives the EPA authority
to promulgate regulations establishing standards and requirements
regarding the servicing and repair of MVAC and this action is taken
pursuant to that authority.\10\
---------------------------------------------------------------------------

\10\ The commenter also referenced a final rule published under
CAA section 608 (85 FR 14150, March 11, 2020). EPA notes that the
March 2020 final rule issued by the agency's National Recycling and
Emission Reduction Program is focused on refrigerant management
requirements and the scope of EPA's authority under CAA section 608,
which is a distinct statutory provision from CAA section 609.
---------------------------------------------------------------------------

For service shops that choose to service MVACs, including R-1234yf
MVACs, the regulations requiring technicians to use certified equipment
prior to service or repair have been in place since 1992 (57 FR 31242;
July 14, 1992). As mentioned above in section II.B, the regulations
issued in 1992 under CAA section 609, codified at 40 CFR part 82,
subpart B, include, among other things, a definition of ``refrigerant''
that includes any class I or class II substance used in an MVAC, as
well as any substitute substance effective November 15, 1995 (40 CFR
82.32(f)); 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);
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). The EPA has neither reopened
nor requested comment on these requirements, approval processes, and
definition. This action does not alter the requirement to comply with
the provisions in 40 CFR part 82, subpart B. Instead, it expands the
types of equipment that can be certified to service vehicles that use
R-1234yf. As such, this action provides a benefit to stakeholders by
expanding the options available to and providing additional flexibility
for stakeholders that choose to service vehicles that use R-1234yf.
Because this action does not impose additional requirements but instead
provides additional options to stakeholders, there are no compliance
costs associated with this action and the commenter's implicit
suggestion that the benefits don't justify the costs is thus misplaced.
Additionally, the EPA interprets the comment regarding market-based
decisions to mean that the market alone should dictate whether service
shops purchase and use R-1234yf MVAC servicing equipment, rather than a
legal mandate. As mentioned earlier, the EPA did not propose and is not
mandating in this final rule that any person or dealership that
services vehicles use R-1234yf or purchase or use R-1234yf MVAC
servicing equipment. Rather, existing EPA regulations that are not
modified by this action already require stakeholders who chose to
service or repair vehicles that use R-1234yf to use certified
equipment.

[[Page 15594]]

Regarding the definition of ``properly using'' at 40 CFR 82.32(e),
this final rule updates the definition of properly using to add the
three standards being incorporated by reference at 40 CFR 82.36(a)(8)-
(10) to the list of recommended service procedures and practices for
the containment of refrigerant. As mentioned above, the agency is not
mandating in this final rule that service shops purchase or use R-
1234yf MVAC servicing equipment.

VI. 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 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 adopts and incorporates by
reference three existing technical standards developed by SAE for
equipment that recovers, recycles, and/or recharges R-1234yf in MVACs.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.

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. The EPA has not conducted a separate analysis of risks to
infants and children associated with this final rule.

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 incorporating 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
Equipment for Flammable Refrigerants for Mobile Air-Conditioning
Systems (revised 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
(revised 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 (revised July
2015). This standard establishes the minimum equipment requirements for
recovery/recycling/recharging 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.

[[Page 15595]]

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

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 adopts 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.

L. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

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.

Jane Nishida,
Acting Administrator.

For the reasons set out in the preamble, 40 CFR part 82 is amended
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 in paragraph (b) of this section. 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, 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\TM\. R-1234yf (HFO-1234yf) Recovery/Recycling/
Recharging Equipment for Flammable Refrigerants for Mobile Air-
Conditioning Systems. Revised July 2019; IBR 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.
Revised February 2015; IBR 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. Issued July
2015 (Note: SAE J3030 heading says ``revised''); IBR 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) * * *
(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,
and 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 revising paragraph (a)(7) and adding paragraphs
(a)(8) through (10) to 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 (incorporated by reference,
see Sec. 82.31).
(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 (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 (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, and 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, and F to this subpart. These standards relate to the
recommended service procedures for the containment of refrigerant,
extraction equipment, extraction and recycle equipment, and

[[Page 15596]]

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.

1. 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.
* * * * *
3.1 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 AHRI Standard 700 (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. 2021-05363 Filed 3-23-21; 8:45 am]
BILLING CODE 6560-50-P