Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Commercial and Industrial Refrigeration

Federal RegisterJun 13, 2024

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2023-0043; FRL-10125-02-OAR]

RIN 2060-AV77

Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Commercial and Industrial Refrigeration

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

Pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program, this action lists several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is incorporating by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also exempts propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the Clean Air Act (CAA) on knowingly venting, releasing, or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of existing evidence, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment.

DATES:

This rule is effective July 15, 2024. The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of July 15, 2024. The incorporation by reference of certain other material listed in the rule was approved by the Director of the Federal Register as of February 21, 2012 (76 FR 78832), May 11, 2015 (79 FR 19454), and January 3, 2017 (81 FR 86778).

ADDRESSES:

EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2023-0043. All documents in the docket are listed on the

https://www.regulations.gov

website. Although listed in the index, some information is not publicly available,

e.g.,

Confidential Business Information (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

https://www.regulations.gov

or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20460. The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal Holidays). For further information on EPA Docket Center services and the current status, please visit

https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:

Perrin Krisko, Stratospheric Protection Division, Office of Atmospheric Protection (Mail Code 6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-564-2328; email address:

krisko.claudia@epa.gov.

Notices and rulemakings under EPA's Significant New Alternatives Policy (SNAP) program are available on EPA's SNAP website at

https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General information

A. Executive Summary and Background

B. Does this action apply to me?

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

II. What is EPA finalizing in this action?

A. Retail Food Refrigeration—Listing of HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for Use in New Stand-Alone Units, Remote Condensing Units, Supermarket Systems, and Refrigerated Food Processing and Dispensing Equipment and Listing of R-454A as Acceptable, Subject to Use Conditions, for Use in New Remote Condensing Units and Supermarket Systems

1. Background on Retail Food Refrigeration

2. What are the ASHRAE classifications for refrigerant flammability?

3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

4. Why is EPA finalizing these specific use conditions?

5. What additional information is EPA including in these listings?

6. How is EPA responding to comments on retail food refrigeration?

B. Retail Food Refrigeration—Listing R-290 as Acceptable, Subject to Use Conditions, for Use in New Refrigerated Food Processing and Dispensing Equipment and Revision of the Use Conditions Provided in the Previous Listings of R-290 as Acceptable, Subject to Use Conditions, for Use in New Stand-Alone Units

1. Background on Retail Food Refrigeration

2. What are the ASHRAE classifications for refrigerant flammability?

3. What is R-290 and how does it compare to other refrigerants in the refrigerated food processing and dispensing equipment end-use category?

4. Why is EPA finalizing these specific use conditions for refrigerated food processing and dispensing equipment?

5. How does the listing for R-290 in refrigerated food processing and dispensing equipment relate to regulations implementing the venting prohibition under CAA section 608?

6. What existing use conditions apply to this refrigerant in the stand-alone units end-use category?

7. What updates to existing use conditions for stand-alone units is EPA finalizing?

8. How do the new use conditions for R-290 in stand-alone units differ from the existing ones and why is EPA changing the use conditions?

9. What additional information is EPA including in these listings?

10. How is EPA responding to comments on listing R-290 in refrigerated food processing and dispensing equipment and updating the use conditions for R-290 in stand-alone units?

C. Commercial Ice Machines—Listing of HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for Use in New Commercial Ice Machines

1. Background on Commercial Ice Machines

2. What are the ASHRAE classifications for refrigerant flammability?

3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

4. Why is EPA finalizing these specific use conditions?

5. What additional information is EPA including in these listings?

6. How is EPA responding to comments on commercial ice machines?

D. Commercial Ice Machines—Revision of the Use Conditions in the Previous Listing of R-290 as Acceptable, Subject to Use Conditions, for Use in New Self-Contained Commercial Ice Machines

1. Background on Commercial Ice Machines

2. What are the ASHRAE classifications for refrigerant flammability?

3. What is R-290 and where is there information on its use in this end-use?

4. What existing use conditions apply to this refrigerant in this end-use?

5. What updates to existing use conditions for commercial ice machines is EPA finalizing?

6. How do the new use conditions for commercial ice machines differ from the existing ones and why is EPA changing the use conditions?

7. What additional information is EPA including in this listing?

8. How is EPA responding to comments on listing R-290 and updating the use conditions for R-290 in self-contained commercial ice machines?

E. Industrial Process Refrigeration—Listing of HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for Use in New Industrial Process Refrigeration

1. Background on Industrial Process Refrigeration

2. What are the ASHRAE classifications for refrigerant flammability?

3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

4. Why is EPA finalizing these specific use conditions?

5. What additional information is EPA including in these listings?

6. How is EPA responding to comments on industrial process refrigeration?

F. Cold Storage Warehouses—Listing of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for Use in New Cold Storage Warehouses

1. Background on Cold Storage Warehouses

2. What are the ASHRAE classifications for refrigerant flammability?

3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

4. Why is EPA finalizing these specific use conditions?

5. What additional information is EPA including in these listings?

6. How is EPA responding to comments on cold storage warehouses?

G. Ice Skating Rinks—Listing of HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for Use in New Ice Skating Rinks With a Remote Compressor

1. Background on Ice Skating Rinks

2. What are the ASHRAE classifications for refrigerant flammability?

3. What are HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

4. Why is EPA finalizing these specific use conditions?

5. What additional information is EPA including in these listings?

6. How is EPA responding to comments on ice skating rinks?

H. Use Conditions and Further Information for Retail Food Refrigeration, Commercial Ice Machines, Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks With a Remote Compressor

1. What use conditions is EPA finalizing and why?

2. What additional information is EPA including in these listings?

3. How is EPA responding to comments on use conditions?

I. Exemption for R-290 From the Venting Prohibition Under CAA Section 608 for Refrigerated Food Processing and Dispensing Equipment

1. What is EPA's final determination regarding whether venting, releasing, or disposing of R-290 in refrigerated food processing and dispensing equipment would pose a threat to the environment?

2. What is EPA's final determination regarding whether venting of R-290 from refrigerated food processing and dispensing equipment is exempted from the venting prohibition under CAA section 608(c)(2)?

3. When will the exemption from the venting prohibition apply?

4. What is the relationship between this exemption under CAA section 608(c)(2) and other EPA rules?

5. How is EPA responding to comments on the exemption for R-290 from the venting prohibition?

J. How is EPA responding to other comments?

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review

B. Paperwork Reduction Act (PRA)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

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

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

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act and Incorporation by Reference

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All

K. Congressional Review Act

IV. References

I. General information

A. Executive Summary and Background

EPA is finalizing new and revised listings after its evaluation of human health and environmental information for these substitutes under the Significant New Alternatives Policy (SNAP) program. The Agency is finalizing action on new and revised listings in the refrigeration and air conditioning (AC) sector based on the information that EPA has included in the docket. This final action provides new refrigerant options, thereby increasing flexibility for industry, in specific uses.

This action lists new alternatives for the refrigeration and AC sector. Specifically, EPA is:

• Listing hydrofluoroolefin (HFO)-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in new retail food refrigeration equipment (

i.e.,

stand-alone units, remote condensing units, supermarket systems, and refrigerated food processing and dispensing equipment);

• Listing R-454A as acceptable, subject to use conditions, for use in new remote condensing units and supermarket systems;

• Listing R-290 (propane) as acceptable, subject to use conditions, for use in new refrigerated food processing and dispensing equipment and revising the existing use conditions for R-290 in new stand-alone units.

• Listing HFO-1234yf, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in new commercial ice machines;

• Listing hydrofluorocarbon (HFC)-32, R-454A, and R-454B as acceptable, subject to use conditions, for use in new commercial ice machines with a remote compressor, for batch-type self-contained automatic commercial ice machines with a harvest rate above 1,000 lb ice per 24 hours, and for continuous type self-contained automatic commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours;

• Revising the existing use conditions for R-290 for use in new self-contained commercial ice machines;

• Listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in new equipment for industrial process refrigeration (IPR), including chillers and direct expansion IPR equipment;

• Listing HFC-32, R-454A, and R-454B as acceptable, subject to use conditions, for use in new equipment for IPR, including chillers and direct expansion IPR equipment where the temperature of the refrigerant entering the evaporator is less than or equal to −30 °C (−22 °F);

• Listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in new cold storage warehouses; and

• Listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in new ice skating rinks with a remote compressor.

In general, the final use conditions are consistent across the various substitutes and end-uses contained in this final

rule. Because of this similarity, EPA discusses the final use conditions that apply to retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks in section II.H of this preamble. In summary, the common use conditions are:

(1) These refrigerants may be used only in new equipment, designed specifically and clearly identified for use with the refrigerant. None of these listings provide for use of the substitutes in a conversion or “retrofit” refrigerant for existing equipment.

(2) These refrigerants may be used in equipment that a) is consistent with the requirements listed in the 2nd edition (dated October 27, 2021) of UL

Standard 60335-2-89, “Household and Similar Electrical Appliances—Safety—Part 2-89: Requirements for Commercial Refrigerating Appliances and Ice-Makers with an Incorporated or Remote Refrigerant Unit or Motor-Compressor” (hereafter “UL 60335-2-89,” which refers to the 2nd edition of UL 60335-2-89 unless otherwise stated), and b) is installed consistent with the requirements of ASHRAE 15-2022, “Safety Standard for Refrigerating Systems.” For equipment outside the scope of UL 60335-2-89, as described later in this document, or that is located in industrial occupancies as defined in ASHRAE 15-2022, refrigerants listed herein must be used in equipment that is installed in a manner consistent with ASHRAE 15-2022. For R-290, which already has listings that incorporate by reference earlier UL standards, EPA is providing a transition period when equipment may meet either the earlier UL standard or UL 60335-2-89. Stand-alone units or self-contained commercial ice machines using R-290 that are unchanged, except for cosmetic changes, from the model or design that was previously certified to the UL 471 (10th edition) or UL 563 standard (8th edition) may continue to be manufactured consistent with those standards.

UL, formerly known as Underwriters Laboratories.

(3) These refrigerants must be used with warning labels on the equipment and packaging that are similar to or match verbatim those required by UL 60335-2-89.

Or for equipment using R-290 following the requirements of UL 471 or UL 563, they must use the warning labels required in those listings, which match those required by those standards.

(4) Equipment must be marked with distinguishing red color-coded hoses and piping to indicate use of a flammable refrigerant and marked service ports, pipes, hoses, and other devices through which the refrigerant is serviced.

(5) Equipment must be marked with one or more flammability warning symbols—either that in Clause 7.6DV D1 of UL 60335-2-89, 2nd edition; that in Annex 1 to Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 9th edition, for hazard category 1 flammable gases; or marked with both symbols.

Additional use conditions specific to particular end-uses may also apply and are discussed with each final listing. The regulatory text of the final listings, including the final use conditions and further information, appears in tables at the end of this document. The final listings will appear in appendix Y to 40 Code of Federal Regulations (CFR) part 82, subpart G. The final revised listings for R-290 in new retail food refrigeration equipment (stand-alone units only) and in new self-contained commercial ice machines will appear, respectively, in appendices R and V to 40 CFR part 82, subpart G.

There may be other legal obligations pertaining to the manufacture, use, handling, and disposal of the listed substitutes that are not included in the information in the tables (

e.g.,

the CAA section 608(c)(2) venting prohibition or U.S. Department of Transportation (DOT) requirements for transport of flammable gases). Flammable refrigerants being recovered or otherwise disposed of from commercial or industrial refrigeration equipment are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). In addition, EPA issued a final Technology Transitions Rule under subsection (i) of the American Innovation and Manufacturing Act of 2020 (hereafter referred to as “the AIM Act”) (88 FR 73098; October 24, 2023;). Under that rule, EPA restricts the use of many HFC refrigerants in a variety of subsectors within the Refrigeration, Air Conditioning, and Heat Pumps sector, including in technologies covered by this final SNAP rule.

Throughout this document, EPA notes relevant restrictions on refrigerants under the final Technology Transitions Rule. In finalizing the listing decisions in this rulemaking, EPA is cognizant of the restrictions established under the Technology Transitions Rule. This is because the listings in this SNAP rule are generally intended to expand the universe of available options in certain end-uses. EPA recognizes that there could be situations where there would be little practical value in listing alternatives acceptable under SNAP that cannot legally be used in a particular end-use due to restrictions under Technology Transitions Rule, and this consideration could be particularly pronounced with respect to those alternatives that would be subject to restrictions under the Technology Transitions Rule in the near future (

e.g.,

as of January 1, 2025). However, the SNAP and Technology Transitions programs are established under different legal authorities and use separate frameworks for making decisions. Substitutes that are listed as acceptable, acceptable subject to use conditions, acceptable subject to narrowed use limits, or unacceptable under the SNAP program are evaluated through a comparative risk framework that considers the overall risk posed to human health and the environment for specific end-uses. In evaluating the substitutes listed in this rule, EPA has considered whether they present risks that are lower than or comparable to risks from other substitutes that are currently or potentially available in the end-uses under consideration, consistent with its approach under SNAP.

End-uses under SNAP are included in the similar concept of subsectors defined in the Technology Transitions Rule (88 FR 73098, October 24, 2023).

In addition, EPA is exempting R-290 used in the refrigerated food processing and dispensing end-use from the prohibition under CAA section 608(c)(2) on knowingly venting, releasing, or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of current evidence described later in this preamble, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. This exemption is being finalized in the regulations under CAA section 608 at 40 CFR 82.154(a)(1), which addresses the statutory prohibition and exemptions from it.

SNAP Program Background

The SNAP program implements CAA section 612. Several major provisions of section 612 are:

1. Rulemaking

Section 612(c) requires EPA to promulgate rules making it unlawful to replace any class I (chlorofluorocarbon (CFC), halon, carbon tetrachloride, methyl chloroform, methyl bromide, hydrobromofluorocarbon, and chlorobromomethane) or class II (hydrochlorofluorocarbon (HCFC))

ozone-depleting substance (ODS) with any substitute that the Administrator determines may present adverse effects to human health or the environment where the Administrator has identified an alternative that: 1) Reduces the overall risk to human health and the environment and 2) is currently or potentially available.

2. Listing of Unacceptable/Acceptable Substitutes

Section 612(c) requires EPA to publish a list of the substitutes that it finds to be unacceptable for specific uses and to publish a corresponding list of acceptable substitutes for specific uses.

3. Petition Process

Section 612(d) grants the right to any person to petition EPA to add a substance to, or delete a substance from, the lists published in accordance with section 612(c).

4. 90-Day Notification

Section 612(e) directs EPA to require any person who produces a chemical substitute for a class I substance to notify the Agency not less than 90 days before a new or existing chemical is introduced into interstate commerce for significant new use as a substitute for a class I substance. The producer must also provide the Agency with the producer's published or unpublished health and safety studies on such substitutes.

The regulations for the SNAP program are promulgated at 40 CFR part 82, subpart G, and the Agency's process for reviewing SNAP submissions is described in regulations at 40 CFR 82.180. Under these rules, the Agency has identified five types of listing decisions: acceptable; acceptable subject to use conditions; acceptable subject to narrowed use limits; unacceptable; and pending (40 CFR 82.180(b)). Use conditions and narrowed use limits are both considered “use restrictions.” Substitutes that are deemed acceptable with no use restrictions (no use conditions or narrowed use limits) can be used for all applications within the relevant end-uses in the sector. After reviewing a substitute, the Agency may determine that a substitute is acceptable only if certain conditions in the way that the substitute is used are met to minimize risks to human health and the environment. EPA describes such substitutes as “acceptable subject to use conditions” (40 CFR 82.180(b)(2)). For some substitutes, the Agency may permit a narrowed range of use within an end-use or sector. For example, the Agency may limit the use of a substitute to certain end-uses or specific applications within an industry sector. EPA describes these substitutes as “acceptable subject to narrowed use limits.” Under the narrowed use limit, users intending to adopt these substitutes “must ascertain that other alternatives are not technically feasible” (40 CFR 82.180(b)(3)).

In making decisions regarding whether a substitute is acceptable or unacceptable, and whether substitutes present risks that are lower than or comparable to risks from other substitutes that are currently or potentially available in the end-uses under consideration, EPA examines the following criteria in 40 CFR 82.180(a)(7): (i) atmospheric effects and related health and environmental impacts; (ii) general population risks from ambient exposure to compounds with direct toxicity and to increased ground-level ozone; (iii) ecosystem risks; (iv) occupational risks; (v) consumer risks; (vi) flammability; and (vii) cost and availability of the substitute.

Many SNAP listings include “comments” or “further information” to provide additional information on substitutes. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the substitute under the SNAP program. However, statutory and regulatory requirements so listed are binding under other authorities (

e.g.,

worker protection regulations promulgated by the U.S. Occupational Safety and Health Administration (OSHA)). The “further information” classification does not necessarily include all other legal obligations pertaining to the use of the substitute. While the items listed are not legally binding under the SNAP program, EPA encourages users of substitutes to apply all statements in the “Further Information” column in their use of these substitutes. In many instances, the information simply refers to sound operating practices that have already been identified in existing industry and/or building codes or standards. Thus, many of the statements, if adopted, would not require the affected user to make significant changes in existing operating practices.

For additional information on the SNAP program, visit the SNAP website at

https://www.epa.gov/snap.

The full lists of acceptable substitutes for ODS in all industrial sectors are available at

https://www.epa.gov/snap/snap-substitutes-sector.

For more information on the Agency's process for administering the SNAP program or criteria for evaluation of substitutes, refer to the initial SNAP rule published March 18, 1994 (59 FR 13044), codified at 40 CFR part 82, subpart G. SNAP decisions and the appropriate

Federal Register

citations can be found at

https://www.epa.gov/snap/snap-regulations.

Substitutes listed as unacceptable; acceptable, subject to narrowed use limits; or acceptable, subject to use conditions, are also listed in the appendices to 40 CFR part 82, subpart G.

Background on Requirements Concerning Venting, Release, or Disposal of ODS and Substitute Refrigerants Under CAA Section 608

The statutory requirements concerning venting, release, or disposal of ODS refrigerants and substitutes for ODS used as refrigerants are under CAA section 608, and EPA's authority to promulgate the regulatory revisions in this action is based in part on CAA section 608. Section 608 of the Act, as amended, titled

National Recycling and Emission Reduction Program,

requires, among other things, that EPA establish regulations governing the use and disposal of ODS used as refrigerants, such as certain CFCs and HCFCs, during the service, repair, or disposal of appliances and IPR.

Section 608(c)(1) provides that it is unlawful for any person in the course of maintaining, servicing, repairing, or disposing of an appliance (or IPR) to knowingly vent, or otherwise knowingly release or dispose of, any class I or class II substance used as a refrigerant in that appliance (or IPR) in a manner which permits the ODS to enter the environment.

Additional information about the 608 Refrigerant Management Program is available in EPA's rules implementing that program, such as rules published on May 14, 1993 (58 FR 28660), November 18, 2016 (81 FR 82272), and March 11, 2020 (85 FR 14150).

Section 608(c)(2) extends the prohibition in section 608(c)(1) to knowingly venting or otherwise knowingly releasing or disposing of any refrigerant substitute for class I or class II substances by any person maintaining, servicing, repairing, or disposing of appliances or IPR. This prohibition applies to any substitute refrigerant unless the Administrator determines that such venting, releasing, or disposing does not pose a threat to the environment. Thus, section 608(c) provides EPA authority to promulgate regulations to interpret, implement, and enforce this prohibition on venting, releasing, or disposing of class I or class II substances used as refrigerants and their substitutes, which we also refer to as the “venting prohibition” in this final

action. EPA's authority under section 608(c) includes authority to implement section 608(c)(2) by exempting certain substitutes for class I or class II substances from the venting prohibition when the Administrator determines that such venting, release, or disposal does not pose a threat to the environment.

EPA has established regulations clarifying how the venting prohibition in section 608(c) applies to ODS and substitute (

e.g.,

HFCs and perfluorocarbons (PFCs)) refrigerants. These regulations are codified at 40 CFR part 82, subpart F. In relevant part, they provide that no person maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration may knowingly vent or otherwise release into the environment any refrigerant (including substitute refrigerants) from such appliances or industrial process refrigeration, with the exception of certain specified substitutes in the specified end-uses, as provided in 40 CFR 82.154(a).

EPA has exempted from the venting prohibition several hydrocarbon (HC) refrigerant substitutes, including R-290, in specific end-uses where the Agency also listed the substitutes as acceptable, subject to use conditions, under the SNAP program. See, for example, EPA's regulations issued May 23, 2014 (79 FR 29682), April 10, 2015 (80 FR 19453), and December 1, 2016 (81 FR 86778).

Those regulatory exemptions do not apply to blends of hydrocarbons (HCs) with other refrigerants or containing any amount of any CFC, HCFC, HFC, or PFC. The exemptions for R-290 by end-use are codified at 40 CFR 82.154(a)(1)(viii).

The United States Court of Appeals for the District of Columbia Circuit (“the court”) issued a partial vacatur of the December 1, 2016, rule “`to the extent' it required manufacturers to replace already lawfully installed HFC substitutes.”

See Mexichem Fluor, Inc.

EPA,

Judgment, Case No. 17-1024 (D.C. Cir., April 5, 2019), 760 Fed. Appx. 6 (Mem). The court's decision on the December 1, 2016, rule did not affect the portion of that rule that exempted certain HC refrigerant substitutes from the venting prohibition. This final rule is not EPA's response to the court's decision.

In establishing those exemptions, EPA determined that for the purposes of CAA section 608(c)(2), the venting, release, or disposal of such HC refrigerant substitutes in the specified end-uses does not pose a threat to the environment, considering both the inherent characteristics of these substances and the limited quantities used in the relevant applications. See,

e.g.,

81 FR 86778, December 1, 2016. EPA further concluded that other authorities, controls, or practices that apply to such refrigerant substitutes help to mitigate environmental risk from the release of those saturated HC refrigerant substitutes.

B. Does this action apply to me?

The following list identifies regulated entities that may be affected by this rule and their respective North American Industrial Classification System (NAICS) codes:

• Plumbing, Heating, and Air Conditioning Contractors (NAICS 238220)

• All Other Basic Organic Chemical Manufacturing (NAICS 325199)

• Air Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing (NAICS 333415)

• Refrigeration Equipment and Supplies Merchant Wholesalers (NAICS 423740)

• Recyclable Material Merchant Wholesalers (NAICS 423930)

• Supermarkets and Other Grocery (except Convenience) Stores (NAICS 445110)

• Convenience Stores (NAICS 445120)

• Limited-Service Restaurants (NAICS 722211)

• Appliance Repair and Maintenance (NAICS 811412)

This list is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. To determine whether your facility, company, business, or organization could be affected by this action, you should carefully examine the regulations at 40 CFR part 82, subpart G, and these revisions. 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.

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

The following acronyms and abbreviations are used in the preamble of this document:

AC—Air Conditioning

AEL—Acceptable Exposure Limit

AIHA—American Industrial Hygiene Association

AIM Act—American Innovation and Manufacturing Act of 2020

ANSI—American National Standards Institute

ASHRAE—American Society of Heating, Refrigerating and Air-Conditioning Engineers

ASTM—American Society for Testing and Materials

ATEL—Acute Toxicity Exposure Limit

CAA—Clean Air Act

CAS Reg. No.—Chemical Abstracts Service Registry Identification Number

CBI—Confidential Business Information

CFC—Chlorofluorocarbon

CFR—Code of Federal Regulations

—Carbon Dioxide

DOE—United States Department of Energy

DOT—United States Department of Transportation

DX—Direct Expansion

EEAP—Environmental Effects Assessment Panel

EPA—United States Environmental Protection Agency

FR—Federal Register

GHS—Globally Harmonized System of Classification and Labeling of Chemicals

GWP—Global Warming Potential

HC—Hydrocarbon

HCFC—Hydrochlorofluorocarbon

HCFO—Hydrochlorofluoroolefin

HFC—Hydrofluorocarbon

HFO—Hydrofluoroolefin

HP—Heat Pump

IBC—International Building Code

ICC—International Code Council

ICF—ICF International, Inc.

IEC—International Electrotechnical Commission

IIAR—International Institute of Ammonia Refrigeration

IPCC—Intergovernmental Panel on Climate Change

IPR—Industrial Process Refrigeration

ISO—International Organization for Standardization

LFL—Lower Flammability Limit

MIR—Maximum Incremental Reactivity

NAAQS—National Ambient Air Quality Standards

NAICS—North American Industrial Classification System

NARA—National Archives and Records Administration

NFPA—National Fire Protection Association

ODP—Ozone Depletion Potential

ODS—Ozone-Depleting Substances

OMB—United States Office of Management and Budget

OSHA—United States Occupational Safety and Health Administration

PEL—Permissible Exposure Limit

PFC—Perfluorocarbons

PMS—Pantone® Matching System

ppm—Parts Per Million

PRA—Paperwork Reduction Act

RAL—“Reichs-Ausschuß für Lieferbedingungen und Gütesicherung” Germany's National Commission for Delivery Terms and Quality Assurance

RCRA—Resource Conservation and Recovery Act

RFA—Regulatory Flexibility Act

SDS—Safety Data Sheet

SIP—State Implementation Plan

TLV—Threshold Limit Value

TSCA—Toxic Substances Control Act

TWA—Time Weighted Average

UL—UL, formerly known as Underwriters Laboratories, Inc.

UMRA—Unfunded Mandates Reform Act

VOC—Volatile Organic Compound, Volatile Organic Compounds

WEEL—Workplace Environmental Exposure Limit

WMO—World Meteorological Organization

II. What is the Environmental Protection Agency (EPA) finalizing in this action?

This section of the preamble describes EPA's final listings for certain refrigerants in specific end-uses, including final use restrictions. In addition, this section provides responses to comments EPA received on the proposed listings during the public comment period for the proposed rule (May 24, 2023). The regulatory text for new listings is codified in appendix Y of 40 CFR part 82, subpart G. The regulatory text for two revised listings is codified in appendices R and V of 40 CFR part 82, subpart G. The final regulatory text contains listing decisions for the end-uses discussed throughout this section.

This final rule lists HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in all end-use categories under retail food refrigeration (

i.e.,

stand-alone units, remote condensing units, supermarket systems, and refrigerated food processing and dispensing equipment). EPA is also listing R-454A as acceptable, subject to use conditions, for use in two end-use categories under retail food refrigeration (remote condensing units and supermarket systems). After consideration and evaluation of comments, EPA is finalizing the listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A in all end-use categories under retail food refrigeration and R-454A in two end-use categories under retail food refrigeration as proposed.

EPA is finalizing several use conditions for these end-use categories that are in common with those finalized for other end-uses (retail food refrigeration, commercial ice machines, IPR, cold storage warehouses, and ice skating rinks with a remote compressor) discussed elsewhere in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in detail in section II.H of this preamble. Briefly summarized, the common use conditions that EPA is finalizing are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain exceptions),

including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings.

Exceptions include equipment that is outside the scope of UL 60335-2-89, such as commercial refrigeration products with rated voltage of 15,000 V or greater, appliances using flammable refrigerant in transcritical refrigeration systems, vending machines, and pofessional ice-cream appliances. In addition, for equipment installed in situations where that standard refers to ‘national standards,’ refrigerants may be used in equipment installed consistent with the requirements of ASHRAE 15-2022 without meeting the requirements of UL 60335-2-89.

For use of these substitutes in retail food refrigeration equipment, EPA is also finalizing the use condition that these refrigerants may only be used in commercial refrigeration equipment that meets the requirements listed in the American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 15-2022 “Safety Standard for Refrigeration Systems” (hereafter “ASHRAE 15-2022”). In cases where the final rule includes requirements that are different than those of ASHRAE 15-2022, EPA is finalizing that the appliance needs to meet the requirements of this rule in addition to the requirements in ASHRAE 15-2022. This additional use condition is discussed further in section II.A.4 of this preamble.

For R-454A in supermarkets and remote condensing units, EPA is finalizing an additional use condition that this substitute may only be used in equipment with a refrigerant charge capacity less than 200 pounds or in the high-temperature side of a cascade system.

1. Background on Retail Food Refrigeration

Retail food refrigeration, an end-use within the SNAP program, encompasses the equipment used for storing and displaying (generally for sale) food and beverages at different temperatures necessary for the different products (

e.g.,

chilled and frozen food). The designs and refrigerating capacities of equipment vary widely to ensure the proper temperatures are achieved and maintained.

Retail food refrigeration is composed of four categories of equipment: stand-alone units; refrigerated food processing and dispensing equipment; remote condensing units; and supermarket systems. EPA treats each of these four end-use categories as a separate end-use for purposes of our evaluations of the overall risk to human health and the environment compared to other refrigerants that are available or potentially available for the same end-use and for purposes of listing substitute refrigerants.

Stand-alone units are refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and, for the smallest types, the refrigerant circuit is entirely brazed, welded, or uses threaded fittings. These systems are charged with refrigerant at the factory and typically require only an electricity supply to begin operation. Such systems are used to chill and temporarily store perishable items for commercial sale, such as beverages and food.

As the name suggests, refrigerated food processing and dispensing equipment dispenses, typically through a nozzle, and often processes a variety of food and beverage products. For instance, such equipment will process the product by combining ingredients, mixing, and preparing it at the proper temperature, while others function mainly as a holding tank to deliver the product at the desired temperature or to deliver chilled ingredients for processing, mixing, and preparation. Some may use a refrigerant in a heat pump, or utilize waste heat from the cooling system, to provide hot beverages. Some may also provide heating functions for melting or dislodging ice, or for sanitation purposes.

Refrigerated food processing and dispensing equipment can be self-contained or can be connected via piping to a dedicated condensing unit located elsewhere. Equipment within this end-use category includes but is not limited to refrigerated equipment used to process and dispense beverages and food such as: chilled and frozen beverages (carbonated and uncarbonated, alcoholic and nonalcoholic); frozen custards, gelato, ice cream, Italian ice, sorbets, and yogurts; milkshakes, “slushies” and smoothies; and whipped cream.

Remote condensing units typically have refrigerating capacities ranging from 1kW to 20kW (0.3 to 5.7 refrigeration tons). They are composed of one (and sometimes two) compressor(s), one condenser, and one receiver assembled into a single unit, which is normally located external to the sales area. This equipment is

connected to one or more nearby evaporator(s) used to cool food and beverages stored in display cases and/or walk-in storage rooms. Remote condensing units are commonly installed in convenience stores and specialty shops such as bakeries and butcher shops.

Typical supermarket systems are also known as multiplex or centralized systems. They operate with racks of compressors installed in a machinery room; different compressors turn on to match the refrigeration load necessary to maintain temperatures. Two main design classifications are used: direct and indirect systems. In the United States, direct systems are the most widespread. The majority of supermarkets in the United States use centralized direct expansion (DX) systems to cool their display cases.

The refrigerant circulates from the machinery room to the sales area, where it evaporates in display-case heat exchangers, and then returns in vapor phase to the suction headers of the compressor racks. The supermarket walk-in cold rooms are often integrated into the system and cooled similarly, but an alternative option is to provide a dedicated condensing unit for a given storage room. Another type of supermarket design, often referred to as a distributed refrigeration system, uses an array of separate compressor racks located near the display cases rather than having a central compressor rack system. Each of these smaller racks handles a portion of the supermarket load, with five to ten such systems in a store.

www.epa.gov/greenchill/advanced-refrigeration.

Indirect supermarket system designs include secondary loop systems and cascade refrigeration. Indirect systems use a chiller

or other refrigeration system to cool a secondary fluid that is often circulated throughout the store to the cases. Examples of secondary fluids include water, brine, propylene glycol, air, and carbon dioxide (CO

). Compact chiller versions of an indirect system rely on a lineup of ten to 20 units, each using small charge sizes. As the refrigeration load changes, more or fewer of the chillers are active. Compact chillers are used in a secondary loop system whereby the chillers cool a secondary fluid that is then circulated throughout the store to the display cases. Each compact chiller is an independent unit with its own refrigerant charge, reducing the potential for refrigerant to be released from leaks or for a catastrophic failure. Cascade systems use a compressor to raise the low-temperature, secondary fluid from low-temperature conditions up to an intermediate temperature while a separate, primary refrigerant system uses a different, higher temperature refrigerant to condense the secondary fluid. Each system within the cascade design contains its own refrigerant charge, allowing the use of different refrigerants in each system. This application has generally used a lower global warming potential (GWP) refrigerant, specifically CO

(R-744), in the low-temperature system, with a variety of refrigerants in the high-temperature system.

Chillers used in supermarket systems are considered within the supermarket end-use under SNAP and the supermarket subsector under the Technology Transitions Program.

Refrigerant choice may depend on the refrigerant charge size of the equipment, desired temperature, system performance, energy efficiency, and health, safety and environmental considerations, and cost among other things. In addition to regulations pursuant to the SNAP program and the AIM Act, other Federal or local regulations may also affect refrigerant choice. For instance, regulations from OSHA may restrict or place requirements on the use of some refrigerants, such as ammonia (R-717). Building codes from local and State agencies may also incorporate limits on the types and amounts of particular refrigerants used.

2. What are the ASHRAE classifications for refrigerant flammability?

The ANSI/ASHRAE Standard 34-2022 “Designation and Safety Classification of Refrigerants” (hereafter “ASHRAE 34-2022”) assigns a safety group classification for each refrigerant which consists of two to three alphanumeric characters (

e.g.,

A2L or B1). The initial capital letter indicates the toxicity, and the numeral denotes the flammability. ASHRAE classifies Class A refrigerants as refrigerants for which toxicity has not been identified at concentrations less than or equal to 400 parts per million (ppm) by volume, based on data used to determine threshold limit value-time-weighted average (TLV-TWA) or consistent indices. Class B signifies refrigerants for which there is evidence of toxicity at concentrations below 400 ppm by volume, based on data used to determine TLV-TWA or consistent indices.

The refrigerants are also assigned a flammability classification of 1, 2, 2L, or 3. Tests for flammability are conducted in accordance with American Society for Testing and Materials (ASTM) E681 using a spark ignition source at 140 °F (60 °C) and 14.7 psia (101.3 kPa).

The flammability classification “1” is given to refrigerants that, when tested, show no flame propagation. The flammability classification “2” is given to refrigerants that, when tested, exhibit flame propagation, have a heat of combustion less than 19,000 kJ/kg (8,169 Btu/lb), and have a lower flammability limit (LFL) greater than 0.10 kg/m

. The flammability classification “2L” is given to refrigerants that, when tested, exhibit flame propagation, have a heat of combustion less than 19,000 kJ/kg (8,169 Btu/lb), have an LFL greater than 0.10 kg/m

, and have a maximum burning velocity of 10 cm/s or lower when tested in dry air at 73.4 °F (23.0 °C) and 14.7 psi (101.3 kPa). The flammability classification “3” is given to refrigerants that, when tested, exhibit flame propagation and that either have a heat of combustion of 19,000 kJ/kg (8,169 Btu/lb) or greater or have an LFL of 0.10 kg/m

or lower.

ASHRAE, 2022b. ANSI/ASHRAE Standard 34-2022: Designation and Safety Classification of Refrigerants.

For flammability classifications, refrigerant blends are designated based on the worst case of formulation for flammability and the worst case of fractionation for flammability determined for the blend.

ER13JN24.000

Using these safety group classifications, ASHRAE 34-2022 categorizes HFO-1234yf, HFO-1234ze(E), HFC-32 and the refrigerant blends R-454A, R-454C, R-455A, R-457A, and R-516A, which are discussed in this section of this rule, as being in the A2L Safety Group, while R-290 is in the A3 Safety Group.

3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

HFO-1234yf and HFO-1234ze(E) are lower flammability single component refrigerants, and R-454A, R-454C, R-455A, R-457A, and R-516A are lower flammability refrigerant blends, all with an ASHRAE safety classification of A2L.

The respective Chemical Abstracts Service Registry Identification Numbers (CAS Reg. Nos.) of HFO-1234yf, HFO-1234ze(E), and the components of the refrigerant blends are listed here.

HFO-1234yf, also known by the trade names “Solstice® yf” and “Opteon

YF,” is also known as 2,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 754-12-1). HFO-1234ze(E), also known by the trade names “Solstice® ze” and “Solstice® 1234ze,” is also known as

trans

-1,3,3,3,tetrafluoroprop-1-ene (CAS Reg. No. 29118-24-9). R-516A, also known by the trade name “Forane® 516A,” is a blend consisting of 77.5 percent HFO-1234yf, 14 percent HFC-152a, and 8.5 percent HFC-134a. R-457A, also known by the trade name “Forane® 457A,” is a blend consisting of 18 percent HFC-32, 12 percent HFC-152a, and 70 percent HFO-1234yf. R-455A, also known by the trade name “Solstice® L40X,” is a blend consisting of 21.5 percent HFC-32, 75.5 percent HFO-1234yf, and three percent R-744 (CO

). R-454A, also known by the trade name “Opteon

XL 40,” is a blend consisting of 35 percent HFC-32 and 65 percent HFO-1234yf. R-454C, also known by the trade name “Opteon

XL 20,” is a blend consisting of 21.5 percent HFC-32 and 78.5 percent HFO-1234yf.

Redacted submissions and supporting documentation for HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A are provided in the docket for this rule (EPA-HQ-OAR-2023-0043) at

https://www.regulations.gov

. EPA performed a risk screening assessment to examine the health and environmental risks of each of these refrigerants. These risk screens are available in the docket for this rule.

11 12 13 14 15 16 17

ICF, 2024a. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: HFO-1234yf.

ICF, 2024b. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: HFO-1234ze(E) (Solstice® ze, Solstice® 1234ze)

ICF, 2024c. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R-454A (Opteon® XL40).

ICF, 2024d. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R-454C (Opteon

XL20).

ICF, 2024e. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R-455A (Solstice® L40X).

ICF, 2024f. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R-457A (Forane® 457A).

ICF, 2024g. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R-516A (Forane® 516A).

Environmental information:

HFO-1234yf, HFO-1234ze(E) and R-454A, R-454C, R-455A, R-457A, and R-516A have ozone depletion potentials (ODPs) of zero.

HFO-1234yf and HFO-1234ze(E) both have a GWP of one.

18 19

The refrigerant blends are made up of the components HFC-32, HFC-125, HFC-152a, CO

, and HFO-1234yf, which have GWPs of 675, 3,500, 124, one, and one, respectively.

If these values are weighted by mass percentage, then R-454A, R-454C, R-455A, R-457A, and R-516A have GWPs of about 237, 146, 146, 137, and 140, respectively.

World Meteorological Organization (WMO) (2022). Burkholder

et al.

Appendix A, Table A-5 in

Scientific Assessment of Ozone Depletion: 2022,

GAW Report No. 278, 509 pp.; WMO, Geneva, Switzerland,

https://ozone.unep.org/science/assessment/sap

. (WMO, 2022).

Hodnebrog Ø. et al., 2013. Hodnebrog Ø., Etminan, M., Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen, C.J., Shine, K.P., Wallington, T.J.: Global Warming Potentials and Radiative Efficiencies of Halocarbons and Related Compounds: A Comprehensive Review,

Reviews of Geophysics, 51, 300-378, doi:10.1002/rog.20013,

2013.

Unless otherwise specified, GWP values are 100-year values from Intergovernmental Panel on Climate Change (IPCC) (2007) Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. S. Solomon, D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.). Cambridge University Press. Cambridge, United Kingdom 996 pp.

HFO-1234yf, HFO-1234ze(E), and the other components of the refrigerant blends, CO

, HFC-32, HFC-125, and HFC-152a, are excluded from EPA's regulatory definition of volatile organic

compounds (VOC) (see 40 CFR 51.100(s)) addressing the development of State Implementation Plans (SIPs) to attain and maintain the National Ambient Air Quality Standards (NAAQS). That definition provides that “any compound of carbon” which “participates in atmospheric photochemical reactions” is considered a VOC unless expressly excluded in that provision based on a determination of “negligible photochemical reactivity.”

Definitions under title 40 chapter I subchapter C part 51 subpart F CFR 51.100 can be found at

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-F/section-51.100

None of the exemptions to the venting prohibition under CAA 608(c)(2) listed in 82.154(a)(1) apply to HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, or R-516A.

Flammability information:

HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A have lower flammability, with an ASHRAE flammability classification of 2L. EPA evaluated flammability risk by evaluating reasonable worst-case and more typical, yet conservative, scenarios to model the effects of releases of these substitutes in the listed end-uses. These refrigerants are not expected to present a flammability concern provided the use conditions are followed. The use conditions provide additional safety measures and labeling requirements (

e.g.,

visible warning statement and red coloring on the pipes, hoses, and devices which contain refrigerant) that make equipment owners, consumers, fire marshals, and emergency first responders aware of the presence of a flammability hazard.

Toxicity and exposure data:

HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A have an ASHRAE toxicity classification of A (lower toxicity). Potential health effects of exposure to these refrigerants include drowsiness or dizziness. The refrigerants may also irritate the skin or eyes or cause frostbite. At sufficiently high concentrations, the refrigerants may cause irregular heartbeat. The refrigerants could cause asphyxiation if air is displaced by vapors in a confined space. These potential health effects are common to many refrigerants.

OSHA has established a Permissible Exposure Limit (PEL) for CO

of 5,000 ppm as an 8-hr TWA. The American Industrial Hygiene Association (AIHA) has established Workplace Environmental Exposure Limits (WEELs) of 1,000 ppm as an 8-hr TWA for HFC-32, HFC-125, and HFC-152a and 500 ppm as an 8-hr TWA for HFO-1234yf. The manufacturer of HFO-1234ze(E) recommends 800 ppm as an 8-hr TWA for that chemical, as does ASHRAE 34-2022. The manufacturers of R-454A, R-454C, R-455A, R-457A, and R-516A recommend acceptable exposure limits (AELs) for the workplace, respectively, of 690, 615, 650, 650, and 590 ppm on an 8-hr TWA for these blends.

EPA anticipates that users will be able to meet the OSHA PEL, AIHA WEELs, and manufacturers' AELs and address potential health risks by following requirements and recommendations in the manufacturers' safety data sheets (SDSs), the final use conditions (including adherence to UL 60335-2-89 and ASHRAE 15-2022), and other safety precautions common to the refrigeration and AC industry.

The 8-hr TWA AEL recommendations of these refrigerant blends are based upon a mass-weighting of the PEL and WEELs of their components. ASHRAE 34-2022 also recommends these occupational exposure limits.

Comparison to other substitutes in these end-uses:

HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A all have an ODP of zero, comparable to or lower than some of the acceptable substitutes in these end-uses, such as CO

with an ODP of zero.

For new refrigerated food processing and dispensing equipment R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 150, higher than that of CO

, an acceptable substitute in this end-use category, with a GWP of one, while HFO-1234yf and HFO-1234ze(E) have comparable GWPs to CO

of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A are lower than those of other acceptable HFC-134a, with GWPs of approximately 600, 630, and 1,430, respectively.

For new remote condensing units and supermarket systems, R-454A, R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 237, higher than that of ammonia and CO

, acceptable substitutes in these end-use categories, with GWPs of zero and one, respectively, while HFO-1234yf and HFO-1234ze(E) have comparable GWPs to CO

of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A are lower than those of some of the acceptable substitutes for new remote condensing units and new supermarket systems, such as R-450A, R-513A, HFC-134a, R-407A, and R-404A, with GWPs of approximately 601, 630, 1,430, 2,110, and 3,922, respectively.

For new stand-alone units R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 150, higher than some of the acceptable substitutes in this end-use category such as CO

, R-290, and R-441A with GWPs of one, three, and less than five, while HFO-1234yf and HFO-1234ze(E) have comparable GWPs to CO

, R-290, and R-441A of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A are lower than some of the acceptable substitutes for new stand-alone units, such as R-450A and R-513A, with GWPs of 601 and 630, respectively. As of January 1, 2025, certain HFCs and HFC blends will be subject to restrictions in new stand-alone units under the Technology Transitions Rule. In light of that upcoming restriction, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A to provide additional lower-GWP, refrigerants in this end-use. This upcoming restriction, and the corresponding value of providing additional lower-GWP refrigerants in this end-use, are additional considerations that informed EPA's decision on this listing.

Information regarding the toxicity of other available alternatives is provided in the listing decisions previously made (see

https://www.epa.gov/snap/retail-food-refrigeration

). Toxicity risks of use, determined by the likelihood of exceeding the exposure limit, of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A in these end-uses are evaluated in the risk screens referenced previously. The toxicity risks of using HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A in retail food refrigeration equipment are comparable to or lower than toxicity risks of other available substitutes in the same end-uses. Toxicity risks of the refrigerants can be minimized by use consistent with UL 60335-2-89 and ASHRAE 15-2022—as required by the use conditions for these listings. EPA also anticipates that service technicians working with these systems will adhere to recommendations in the manufacturers' SDS for these refrigerants and other safety precautions common in the refrigeration and AC industry.

The flammability risks with HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A in these end-uses, determined by the likelihood of exceeding their respective LFLs, are evaluated in the risk screens referenced previously. Based on those risk screens, EPA's view is that while these refrigerants may pose greater flammability risk than other available substitutes in the same end-uses, this risk can be minimized by use consistent with UL 60335-2-89, ASHRAE 15-

2022, as well as recommendations in the manufacturers' SDS and other safety precautions common in the refrigeration and AC industry. EPA is finalizing use conditions to reduce the potential risk associated with the flammability of these alternatives so that they will not pose greater overall risk to human health and the environment than other acceptable substitutes in this end-use category.

In addition, the refrigerants listed through this action have lower GWPs than most other refrigerants currently in use today, though EPA notes that this is expected to shift in the future as entities begin complying with the restrictions under the 2023 Technology Transitions Rule for new equipment. These refrigerants provide additional lower-GWP options for situations where other refrigerants with lower GWPs may not be suitable. Given the wide range of applications for retail food refrigeration, not all refrigerants listed as acceptable under SNAP will be suitable for the range of equipment in the retail food refrigeration end-use or in the four end-use categories within retail food refrigeration. In this context, listing additional refrigerants as acceptable under SNAP provides additional options and increases the availability of substitutes for the full range of retail food refrigeration equipment with lower-GWP refrigerants, which is anticipated to lead to lower overall risk to human health and the environment. Accordingly, based on EPA's evaluation of the information discussed above and consideration of overall risk to human health and the environment, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in all types of retail food refrigeration equipment. In addition, to account for the challenges for finding lower-GWP refrigerants with higher capacity for remote condensing units and supermarket systems with moderate charge sizes and for cascade systems, EPA is listing R-454A as acceptable, subject to use conditions, for use in remote condensing units and supermarket systems with a charge size capacity less than 200 pounds or for use in the high-temperature side of a cascade system.

4. Why is EPA finalizing these specific use conditions?

This final rule applies to end-uses covered by UL 60335-2-89. This standard applies to commercial and industrial refrigeration equipment, including the SNAP end-uses of retail food refrigeration, commercial ice machines, IPR, cold storage warehouses, and ice skating rinks. ASHRAE 15-2022 also applies to these refrigeration systems.

UL 60335-2-89, as discussed in section II.H of this preamble, indicates that refrigerant charges greater than a specific amount (called “m

” in the standard and based on the refrigerant's LFL) should be determined using national standards that apply, such as ASHRAE 15-2022. Hence, EPA is requiring adherence to both standards, when applicable, as use conditions for remote condensing units and supermarket systems.

EPA is incorporating by reference ASHRAE 15-2022 and UL 60335-2-89 in use conditions that apply to use of the A2L refrigerants listed through this action in new remote condensing units and supermarket systems. Where the requirements specified in this final rule and ASHRAE 15-2022 differ, the requirements of this final rule apply.

A partial summary of ASHRAE 15-2022 is provided here for information only. This is not meant to be a full explanation of the standard or how it is applied; for additional detail, please consult the standard. ASHRAE 15-2022 specifies requirements for refrigeration systems, based on the safety group classification of the refrigerant, the type of occupancy where the system is located, and whether refrigerant-containing parts of the system enter the space or ductwork such that leakage in the space is deemed “probable.” “High-probability” installations are those such that leaks or failures will result in refrigerant entering occupied space. Occupancies are divided into six classifications: institutional, public assembly, residential, commercial, large mercantile, and industrial. Examples of these include jails, theaters, apartment buildings, office buildings, shopping malls, and chemical plants, respectively.

Sections 7.2 and 7.3 of ASHRAE 15-2022 determine the maximum amount of refrigerant allowed in the system, while section 7.4 provides an option to locate equipment outdoors or in a machinery room constructed and maintained under conditions specified in the standard. Section 7.7 of ASHRAE 15-2022 addresses the A2L refrigerants listed in this action when used in “high-probability” systems that are not for human comfort, including requirements for nameplates, labels, refrigerant detectors (under certain conditions), airflow initiation or other actions (if a rise in refrigerant concentration is detected), and other restrictions.

ASHRAE 15-2022 is undergoing continuous maintenance with publication of periodic addenda and is typically updated and republished every three years. Although there were additional changes to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA was not able to review and seek comment on use conditions based on those more recent changes after publication of the proposal. EPA is therefore not including addenda or other changes made to ASHRAE 15-2022 after the date of the proposed rule.

EPA is finalizing an additional use condition for R-454A in supermarkets and remote condensing units. This refrigerant may only be used either in equipment with a refrigerant charge capacity less than 200 pounds or in the high-temperature side of a cascade system. The Agency is finalizing this use condition to allow use of R-454A less broadly than for the other refrigerants being listed for use in remote condensing units and supermarket systems because its GWP is higher than those of the other listings for these end-use categories (about 237, compared to one to 150). EPA's understanding is that there are two particular situations where use of refrigerants is likely to be more constrained to minimize risks to human health and the environment, and thus, additional refrigerant options may be helpful.

The first of those situations is where ASHRAE 15-2022 identifies a refrigerating system as having a “high probability” that leaked refrigerant from a failed connection, seal, or component could enter an occupied area. ASHRAE 15-2022 and UL 60335-2-89 effectively set charge limits for A2L refrigerants to less than 260 times the LFL (approximately 200 pounds for A2L refrigerants and ranging from roughly 120 to 250 pounds for the particular refrigerants listed in this rule) for applications inside a supermarket or convenience store that are open to the general public. In contrast, larger charge sizes could be used in “low-probability” locations where the general public is unlikely to come in contact with the refrigerant, such as systems used in industrial occupancies, outdoors, or in a machinery room with access restricted to store employees. Where the general public is unlikely to come into contact with any leaked refrigerant, there would be fewer space constraints and greater flexibility in equipment design, so refrigeration system designers can accommodate a narrower set of refrigerants. Conversely, where the general public is more likely to come into contact with any leaked refrigerant in an interior space, which are not industrial occupancies, refrigerant charge capacities of a system would be

less than 200 pounds. In addition, in such public spaces there would be more space constraints, less flexibility in equipment design, and potentially stricter code requirements. EPA recognizes that these may be situations where R-454A can be used where those other refrigerants cannot, especially where space is constrained. Therefore, R-454A fills a gap in the stated end-uses where lower-GWP refrigerant alternatives posing less of a risk to human health and the environment are not as available, and R-454A's GWP of approximately 240 and similar toxicity and flammability profiles would pose lower overall risk to human health and the environment. Listing R-454A for supermarket systems and remote condensing units with smaller refrigerant charges provides an additional refrigerant to manage safety (in particular, flammability and toxicity) while achieving adequate performance where there may be more constraints. As some public commenters stated, R-454A has a higher volumetric capacity than the other A2L refrigerants with lower GWPs being listed in this rule, which means less refrigerant is needed and smaller refrigeration equipment can achieve the same cooling effect. Therefore, EPA is listing R-454A as acceptable, subject to use conditions, only for supermarket systems and remote condensing units with a use condition that refrigerant charge capacity shall be less than 200 pounds in order to mitigate risk to human health and the environment that could be associated with higher GWPs.

The second situation where use of refrigerants is likely to be more constrained is for use in the high-temperature side of cascade systems used for supermarket systems and remote condensing units. As discussed in section II.A.1 of this preamble, “Background on retail food refrigeration,” each side

of a cascade system uses a different refrigerant that is most suitable for the given temperature range. High-temperature systems, or the “high-temperature side,” have typically used HFCs as a refrigerant; however, it is technologically achievable and has become more common to use ammonia in the high-temperature side. For lower temperature systems, or the “low-temperature side” of the cascade system, refrigerants with low boiling points such as R-744 can be used. Considerations for the choice of refrigerants on either side of cascade systems are influenced by many factors including, but not limited to, a refrigerant's toxicity and flammability, its temperature glide, and its suitability for lower temperature applications. Using flammable or toxic refrigerants, such as ammonia, on the high-temperature side of a cascade system may be limited in certain circumstances (

e.g.,

based on building codes and/or industry safety standards). There are multiple substitutes available for the low-temperature side of a cascade system with GWPs lower than that of R-454A, but there are fewer options for the high-temperature side. Therefore, EPA is listing R-454A as acceptable, subject to use conditions, when it is used in the high-temperature side of cascade systems. This action expands the refrigerant options that can comply with local building codes and industry safety standards while meeting the more challenging application of the high-temperature side of a cascade system, and allowing for a refrigerant that would pose lower overall risks to human health and the environment than refrigerants that would otherwise be used.

Each side of the cascade system is a complete refrigeration system with a compressor, condenser, and evaporator.

5. What additional information is EPA including in these listings?

EPA is providing additional information related to these listings. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the refrigerant under the SNAP program. However, EPA encourages users of substitutes to apply all statements in the “Further Information” column in their use of these refrigerants. The additional information applies to multiple end-uses covered in this final rule. See section II.H.2 of this preamble for discussion on what additional information EPA is including in these listings.

6. How is EPA responding to comments on retail food refrigeration?

Comment:

For the retail food refrigeration end-use, two commenters mentioned the proposed limitation on the use of R-454A and requested greater flexibility for that refrigerant and end-use. Both commenters indicated that R-454A is a higher capacity and more efficient refrigerant compared to alternatives with GWPs less than 150. The commenters stated that R-454A would provide greater flexibility to meet DOE efficiency requirements and claimed thermodynamic similarities to other refrigerants (R-404A, R-448A, and R-449A). One commenter requested that EPA not restrict R-454A in the high side of a cascade system and that R-454A be approved for use in stand-alone units. Another commenter requested that EPA list R-454A as acceptable in all retail food refrigeration end-uses (stand-alone units, remote condensing units, supermarket systems, and refrigerated food processing and dispensing equipment). This commenter stated that EPA has sufficient information in the docket to allow EPA to add R-454A as acceptable in stand-alone units and refrigerated food processing and dispensing equipment, pointing to R-454A's zero ozone depletion potential and A2L classification.

Response:

EPA acknowledges the commenters' request for greater flexibility to use R-454A. As discussed in section II.A.4 of this preamble, under the listings finalized in this rule, R-454A is acceptable, subject to use conditions, in the high side of a supermarket cascade system. Concerning the suggestion that R-454A would provide greater flexibility to meet DOE's energy conservation standards, EPA notes that EPA's SNAP program and DOE's program for energy conservation standards operate under separate authorities. If EPA had information showing that commercial refrigeration equipment manufactured using other refrigerants with lower GWPs were unable to be used in this application, EPA might consider broader use of R-454A in the future given there may not be other available or potentially available low-GWP substitutes for this application; however, absent such information, EPA is retaining the use conditions for R-454A in supermarket systems and remote condensing units in this final rule as proposed.

In response to comments supporting approval of R-454A in additional retail food end-use categories beyond supermarket systems and remote condensing units, such as stand-alone units and refrigerated food processing and dispensing equipment, EPA is not taking that action in this final rule because EPA did not propose to list R-454A and has not completed our consideration or analysis needed to reach a final decision whether to list this refrigerant in these other retail food end-uses. In response to the commenters' points about energy efficiency and capacity, these factors are not ones that are considered in 40 CFR 82.180(a)(7). Moreover, EPA notes that under the final Technology Transitions Rule (88 FR 73098; October 24, 2023), refrigerants containing HFCs used in retail food refrigeration—stand-alone units are limited to those with a GWP less than 150 beginning January 1, 2025; thus, even if EPA were to list R-454A

as acceptable under the SNAP program, it still could not be used in stand-alone units after that date. EPA is finalizing the listings for R-454A as proposed, including listings for retail food refrigeration—supermarket systems and retail food refrigeration—remote condensing units, as acceptable, subject to use conditions.

Comment:

Two commenters suggested that allowing R-454A would smooth the transition to low-GWP refrigerants in stand-alone units, enabling the industry to meet timing goals of the Technology Transitions Rule. A different commenter urged EPA to list R-454A for use in self-contained equipment. The third commenter stated that the quantity used in self-contained equipment is less than that used in remote equipment, thereby reducing the risk of any negative outcomes. This same commenter claimed that small companies do not have sufficient design resources to meet deadlines for both self-contained and remote equipment for different refrigerants. The commenter stated that allowing the use of R-454A in both self-contained and remote equipment would greatly reduce the time needed to transition to lower-GWP refrigerants.

Response:

In response to the first two commenters' suggestion that listing R-454A as acceptable for stand-alone units would enable industry to meet the timing goals of the Technology Transitions Rule, we do not agree that R-454A is needed for timely compliance with that restriction. There are already substitutes that meet the 150 GWP limit available on the market for stand-alone retail food refrigeration. For example, R-290 has been listed as acceptable and has been used in stand-alone units for more than a decade. The Agency is aware of a number of substitutes, including R-290, which will be more broadly allowed, with larger charge sizes, through this rulemaking. Therefore, the Agency disagrees with the first two commenters that expanding the use of R-454A in this end-use is needed to meet requirements of the Technology Transitions Rule because there are already substitutes available in use for this purpose. EPA interprets the third commenter's request for use of R-454A in self-contained equipment to apply to retail food refrigeration (stand-alone units) and to retail food refrigeration (refrigerated food processing and dispensing equipment) that is self-contained, since EPA proposed that all commercial ice machines could use R-454A, and other types of appliances covered by this rule are not self-contained. EPA expects that such equipment in many cases could use other refrigerants with a GWP lower than R-454A's GWP of 237, such as R-290, R-471A, R-454C, R-455A, or R-516A, with GWPs from three to less than 150. EPA also notes that under the final Technology Transitions Rule (88 FR 73098; October 24, 2023), refrigerants containing HFCs used in retail food refrigeration—stand-alone units are limited to those with a GWP less than 150 beginning January 1, 2025; thus, even if EPA were to list R-454A as acceptable for stand-alone units under the SNAP program, it still could not be used after that date. EPA also notes that for larger self-contained commercial ice machines with harvest capacities above certain levels, EPA is finalizing R-454A as acceptable, subject to use conditions (see section II.C.6 of this preamble).

Comment:

One commenter recommended that EPA list HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as acceptable for use in packaged systems in retail food refrigeration (

e.g.,

walk-in coolers and freezers) as it was unclear if EPA intended the proposed listings to apply to packaged refrigeration systems. The commenter also asserted that the definitions for packaged refrigerating units in EPA's proposed Technology Transitions Rule and UL 60335-2-89 match and that the industry consensus standard that EPA proposed to incorporate by reference already includes such equipment within its scope.

Response:

In response to this comment, EPA is clarifying that packaged refrigerating units fall within the same categories where the Agency is finalizing acceptable listings for those refrigerants. UL 60335-2-89 defines a packaged refrigerating unit as “a factory assembled unit for performing the complete refrigeration cycle (compressing gas, condensation or gas cooling, and evaporation) comprising power-driven refrigerant compressor(s) with motors, condensers or GAS COOLERS,

liquid receivers, interconnection pipe work, and ancillary equipment, all mounted on a common base.” EPA classifies packaged refrigerating units for retail food refrigeration, such as walk-in coolers or freezers, as belonging either to the end-use category `supermarket system' if the refrigerant is supplied on the same multi-compressor refrigerant circuit used to cool food elsewhere in the store or within the end-use category `remote condensing unit' if only a one- or two-compressor system is used (generally dedicated to just the individual walk-in cooler or freezer). (See also July 20, 2015; 80 FR 42901). If the packaged refrigerating unit is completely self-contained with no remote condenser, then it would belong to retail food refrigeration—stand-alone units. EPA proposed, and is finalizing, listings for HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, in retail food refrigeration—supermarket systems and retail food refrigeration—remote condensing units. In addition, EPA proposed, and is finalizing, listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for retail food refrigeration—stand-alone units.

This term is capitalized in the original text of UL's standard.

Comment:

One commenter provided detailed comments on ice cream makers, requesting revisions to the proposal so they become an eligible end-use within the retail food refrigeration sector for the newly listed refrigerants in the final rule. The commenter noted that additional standards would need to be referenced in the final rule for ice cream makers to be included. Specifically, ice cream makers fall under UL 621 in North America and International Electrotechnical Commission (IEC) 60355-2-118 internationally; they are not in the scope of UL 60355-2-89. As such, the proposal would prevent ice cream equipment from using certain flammable low-GWP refrigerants, even when UL 621 and IEC 60335-2-118 have been updated to allow these substances. The commenter requested that EPA expand the use conditions for the food processing and dispensing equipment category to follow all relevant UL and IEC standards. The commenter added that the proposed listings for the sector would increase the cost of equipment due to the need to mitigate high-temperature discharges for refrigerants like R-454C and R-455A using special valves and compressors.

Response:

EPA agrees with the commenter that equipment for ice cream makers is covered by UL 621 and not by UL 60335-2-89. EPA did not propose to require adherence to UL 621 as a use condition and notes that this standard is currently under development to address the safe use of flammable refrigerants. Therefore, the Agency is not adding requirements in the final rule specific to ice cream makers. EPA will continue to consider changes to relevant standards, and the Agency may consider whether any revisions to the SNAP regulations should be proposed at a future date. In this final rule, listings for refrigerated food processing and dispensing equipment do not apply to equipment that is manufactured according to UL

621,

i.e.,

commercial ice cream makers. In response to comments related to the cost of equipment for some of the listed refrigerants, EPA notes this rule does not require the use of any specific refrigerant; rather, this rule establishes requirements that allow for the safe use of the listed refrigerants, such that they do not pose overall greater risk to human health and the environment.

Comment:

Two commenters claimed that the proposed rule's statement that the smallest types of retail food refrigeration utilize either brazed or welded refrigerant circuits was incorrect. The commenter stated that thread fittings are used in some cases and requested that this be accounted for in the final rule. Another commenter added that EPA had indicated that small units may be fully brazed and stated that some units may have components with screw fittings like cast iron compressors. They commented that regulations for A2L refrigerants should not require connections that are all brazed.

Response:

EPA agrees with the comments regarding the incomplete and incorrect statement that the smallest types of retail food refrigeration utilize either brazen or welded refrigerant circuits. EPA did not intend the statement to imply that brazed connections would be required. In response to these comments, the description in section II.A.1 of this preamble also includes threaded fittings.

This final rule lists R-290 as acceptable, subject to use conditions, as a substitute for use in one additional end-use category under retail food refrigeration (

i.e.,

new refrigerated food processing and dispensing equipment). Further, EPA is also amending existing use conditions in the listing of R-290 as acceptable, subject to use conditions, for use in new stand-alone units. More specifically, EPA previously listed R-290 as acceptable, subject to use conditions, in new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20, 2011). One of the use conditions established in that rule was adherence to an earlier standard, UL 471. In this final rule, we are revising those use conditions to be consistent with the most recent U.S. national standard for retail food refrigeration equipment, UL 60335-2-89. Among other things, these revisions will allow safe use of larger charge sizes of R-290 than under UL 471, which will allow for broader use of R-290 as an alternative in these end-uses. Similar use conditions apply to other refrigerants with lower flammability in this SNAP action in section II.A of this preamble. The final use conditions are allowed for such equipment manufactured on or after the effective date of this final rule and do not apply to nor affect equipment manufactured before that effective date.

This revision to the use conditions incorporates by reference a newer industry standard, changing the reference from Supplement SB in the 10th edition of UL 471, “Commercial Refrigerators and Freezers,” which was required in the earlier SNAP listing for R-290, to UL 60335-2-89. EPA is providing a transition period from the effective date of this final rule through September 29, 2024, during which stand-alone units manufactured with R-290 may follow either the earlier UL 471 standard or UL 60335-2-89. After the transition period ends, new stand-alone units manufactured with R-290 must follow UL 60335-2-89 for purposes of the SNAP program, unless the new stand-alone units remain essentially unchanged from an earlier model or design that was already UL-listed to the earlier UL 471 standard. Under EPA's understanding of these standards, if no design, manufacture, or other change is made to equipment that was certified to UL 471 before the sunsetting date, then the equipment may continue to be produced and used. To comply with the use condition, once a design change of any kind is made to equipment that has already been certified under UL 471, the equipment is required to be updated to UL 60335-2-89 requirements, including labeling.

Several use conditions finalized for these end-use categories are similar to those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain exceptions), including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and markings on equipment to inform consumers, technicians, and first responders of potential flammability hazards.

In this final action, EPA is revising the existing listing for R-290 in new stand-alone units in appendix R to 40 CFR part 82, subpart G, and adding the new listing for R-290 in refrigerated food processing and dispensing units in appendix Y to 40 CFR part 82, subpart G. The regulatory text contains revised listing decisions for new stand-alone units in appendix R, as well as certain other previous listings that EPA is republishing for purposes of formatting for the

Federal Register

; EPA is not finalizing substantive changes to those earlier decisions (

e.g.,

listings for R-290, R-441A, and R-600a in household refrigerators and freezers and in vending machines).

1. Background on Retail Food Refrigeration

See section II.A.1 of this preamble for background on the retail food refrigeration end-use and particularly for the stand-alone units and refrigerated food processing and dispensing equipment end-use categories.

2. What are the ASHRAE classifications for refrigerant flammability?

ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group. See section II.A.2 of this preamble for further discussion on ASHRAE classifications.

3. What is R-290 and how does it compare to other refrigerants in the refrigerated food processing and dispensing equipment end-use category?

R-290 is propane and has the formula C

(CAS Reg. No. 74-98-6). Redacted submissions and supporting documentation for R-290 in retail food refrigeration are provided in the docket for this final rule (EPA-HQ-OAR-2023-0043) at

https://www.regulations.gov

. EPA performed a risk screening assessment to examine the health and environmental risks of this refrigerant. This risk screen is available in the docket for this final rule.

ICF, 2023h. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: Propane (R-290).

Environmental information:

R-290 has an ODP of zero. R-290 has a GWP of three. R-290 is regulated as a VOC under CAA regulations (40 CFR 51.100(s)) addressing the development of SIPs to attain and maintain the NAAQS. EPA previously exempted R-290 in retail food refrigerators and freezers (stand-alone units only) from the venting prohibition under CAA

section 608(c)(2), finding that such venting, release, or disposal does not pose a threat to the environment (79 FR 29682, May 23, 2014).

EPA evaluated potential impacts of R-290 and other HC refrigerants on local air quality. R-290 is considered a VOC and is not excluded from EPA's regulatory definition of VOC (see 40 CFR 51.100(s)) addressing the development of SIPs to attain and maintain the NAAQS. As described later, EPA estimates that potential emissions of saturated HC refrigerants, such as R-290 and R-600a (isobutane), would not have a greater overall negative impact on local air quality than other acceptable substitutes in this end-use category.

ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. February, 2014.

EPA has conducted multiple analyses of various scenarios to consider the potential impacts on local air quality if HC refrigerants were used widely.

The analyses considered both worst-case and more realistic scenarios. In an analysis supporting the listings of R-290, R-600a, and the HC blend R-441A in multiple refrigeration and air conditioning end-uses in SNAP Rule 19 (80 FR 19454, April 10, 2015), the worst-case scenario assumed that the most reactive HC listed as acceptable as of the time of those listings (R-600a) was used in all refrigeration and AC uses and that all refrigerant used was emitted to the atmosphere rather than most being recovered. In that extreme scenario, the model predicted that the maximum increase in any single 8-hour average ground-level ozone concentration would be 0.72 parts per billion (ppb) in Los Angeles, which is the area with the highest level of ozone pollution in the United States. At the time of the analysis in 2014, 0.72 ppb was less than one percent of the NAAQS, and we stated at the time that the use of R-600a consistent with the use conditions required in EPA's regulations would not result in greater risk to the environment than other alternatives. Using the level of the current ozone NAAQS of 70 ppb, use of the most reactive saturated HC, R-600a, with a 100 percent market penetration would just exceed a level that might raise concerns for EPA. However, considering that R-290 is less reactive than R-600a

and that R-290 would have a market penetration at least as high as that of R-600a,

we still consider use of saturated HC refrigerants not to result in greater overall risk to human health and the environment.

Ibid.

R-600a has a MIR of 1.34 g O

/g R-600a, while R-290 has a MIR of 0.56 g O

/g R-290. ICF, 2023h, Op. cit.; Carter, 2010. “Development of the SAPRC-07 Chemical Mechanism and Updated Ozone Reactivity Scales,” Report to the California Air Resources Board by William P. L. Carter. Revised January 27, 2010.

Ibid.

In a less conservative analysis of potential impacts on ambient ozone levels, EPA looked at a set of end-uses that would be more likely to use HC refrigerants between now and 2030, including end-uses where they previously have been listed as acceptable and where they are acceptable under this final rule. For example, we assumed use of R-290 in refrigerated food processing and dispensing equipment

and in end-uses where it is already listed as acceptable, including retail food refrigeration—stand-alone units, vending machines, water coolers, self-contained commercial ice machines, room air conditioners, and household refrigerators and freezers. We also assumed the use of other HC refrigerants such as R-600a and R-441A in end-uses where they are listed as acceptable, such as in retail food refrigeration—stand-alone units, vending machines, and household refrigerators and freezers. For further information on the specific assumptions, see the docket for this rulemaking.

Based on this still conservative but more probable assessment of refrigerant use, our assessment performed in 2014 found that even if all the refrigerant in appliances in end-uses addressed in this final rule and in appliances in end-uses for which other HCs are listed as acceptable were to be emitted, there would be a worst-case impact of a 0.15 ppb increase in ozone for a single 8-hour average concentration in the Los Angeles area, which is the area with the highest level of ozone pollution in the United States. This value is roughly 0.2 percent of the level of the current ozone NAAQS of 70 ppb on an 8-hour rolling average over a 6-month period between April and September of 2030. In the other cities examined in the analysis, Houston and Atlanta, impacts were smaller (no more than 0.03 and 0.01 ppb for a single 8-hour average concentration, respectively).

For areas in the analysis that were not violating the 2008 ozone NAAQS, the impacts did not cause an exceedance of the 2008 ozone NAAQS.

In the analysis, refrigerated food processing and dispensing equipment was evaluated under the category of “small retail food” refrigeration equipment, along with stand-alone units, vending machines, and water coolers.

ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. February 2014.

Ibid.

EPA also has performed more recent air quality analyses, considering additional end-uses and HC refrigerants that have been listed acceptable more recently (

e.g.,

R-1150 (ethylene) in very low temperature refrigeration) and using updated models.

EPA found that the revised air quality models showed slightly greater impacts compared to our 2014 analyses in all scenarios, but not enough to change our earlier conclusions in 2015 and 2016 that use of saturated HCs as refrigerants, including release of R-290, R-600a, and R-441A during repairing, maintaining, servicing, or disposing of appliances, would not result in a significant increase in ground-level ozone. Further, there would be no change in the prior conclusion that use of the saturated HCs R-290, R-600a, and R-441A, consistent with the SNAP listings, including their use conditions and the final use conditions in this rule, would not result in greater overall risk to people's health or the environment than other alternatives available under SNAP for the same end-use, refrigerated food processing and dispensing equipment.

ICF, 2022. Additional Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May 2020. Updated models included VM IO file_v5.1_10.01.19 and CMAQ 5.2.1 with carbon bond 06 (CB06) mechanism, as cited in ICF, 2022.

Because of the relatively minimal air quality impacts of R-290 if it is released to the atmosphere from the end-uses where it is listed as acceptable subject to use conditions and from the refrigerated processing and dispensing equipment end-use category, even in a worst-case scenario, we conclude that R-290 does not have a greater overall impact on human health and the environment based on its effects on local air quality than other refrigerants listed as acceptable in the same end-uses.

Flammability information:

R-290 is a higher flammability refrigerant, with an ASHRAE safety classification of A3. EPA evaluated flammability risk by evaluating reasonable worst-case and more typical, yet conservative, scenarios to model the effects of releases of R-290 in retail food refrigeration. This refrigerant is not expected to present a flammability concern provided the use conditions are followed. The use conditions provide additional safety measures and labeling requirements (

e.g.,

visible warning statement and red coloring on the pipes, hoses, and devices which contain refrigerant) that make equipment owners, consumers, fire marshals, and emergency first

responders aware of the presence of a flammability hazard.

Toxicity and exposure data:

R-290 has an ASHRAE toxicity classification of A (lower toxicity). Potential health effects of exposure to this refrigerant include drowsiness or dizziness. The refrigerant may also irritate the skin or eyes or cause frostbite. This refrigerant could cause asphyxiation if air is displaced by vapors in a confined space. These potential health effects are common to many refrigerants.

OSHA has established a PEL of 1,000 ppm as an 8-hr TWA for R-290. EPA anticipates that users will be able to meet OSHA's PEL and address potential health risks by following requirements and recommendations in the manufacturers' SDSs, the final use conditions (including compliance with UL 60335-2-89), adherence to ASHRAE 15-2022, and other safety precautions common to the refrigeration and AC industry.

Comparison to other substitutes in the refrigerated food processing and dispensing end-use category:

R-290 has an ODP of zero, comparable to or lower than some of the acceptable substitutes in new refrigerated food processing and dispensing equipment, such as CO

R-450A, and R-513A, with ODPs of zero.

R-290's GWP of three is comparable to that of other acceptable substitutes for new refrigerated food processing and dispensing equipment, including CO

, with a GWP of one. The GWP of R-290 is lower than some of the acceptable substitutes for new refrigerated food processing and dispensing equipment, such as R-450A, R-513A, R-134a, and R-407H, with GWPs of approximately 600, 630, 1,430, and 1,500, respectively.

EPA's risk screen for R-290 in retail food refrigeration,

including refrigerated food processing and dispensing equipment, found that R-290 can be used without exceeding its PEL of 1,000 ppm (8-hr TWA); thus, the toxicity risks of R-290 are comparable to those of other acceptable substitutes in the refrigerated food processing and dispensing equipment end-use category, which also are used without exceeding their workplace exposure limits.

ICF, 2023h. Op. cit.

Although the flammability of R-290 may be greater than that of other available refrigerants with an ASHRAE 1, 2, or 2L flammability classification in the same end-use, we found its flammability risk to be comparable to those of other acceptable substitutes, even under worst-case assumptions in this end-use category when following the final use conditions.

We note that flammability risk can be minimized by use consistent with industry standards such as UL 60335-2-89-which applies under the use conditions-and ASHRAE 15-2022-which also applies under the use conditions-as well as recommendations in the manufacturers' SDS and other safety precautions common in the refrigeration and air conditioning industry. EPA is finalizing use conditions that reduce the flammability risk associated with this alternative so that it will not pose greater overall risk to human health and the environment than other acceptable substitutes in this end-use category.

ICF, 2023h.

Op. cit.

Based on the results of these analyses, EPA is listing R-290 as acceptable, subject to use conditions, in refrigerated food processing and dispensing equipment. R-290 has a GWP of three, lower than that of most other available alternatives for the same end-use category with similarly low toxicity. R-290 provides an additional lower-GWP option for situations where other refrigerants with lower GWPs are not viable, such as where equipment using CO

may not be able to meet DOE's energy conservation standards. To provide an additional, lower-GWP option with lower overall risk to human health and the environment, EPA is listing R-290 as acceptable, subject to use conditions, for use in refrigerated food processing and dispensing equipment.

4. Why is EPA finalizing these specific use conditions for refrigerated food processing and dispensing equipment?

For refrigerated food processing and dispensing equipment, EPA is requiring adherence to UL 60335-2-89 for equipment falling under the scope of that standard. Several of the use conditions for refrigerated food processing and dispensing equipment are common to those finalized for R-290 in the commercial ice machine end-use as discussed in section II.D of this preamble. Other use conditions are common to all refrigerants and all five end-uses in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. In summary, the common use conditions for all five end-uses are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain exceptions), including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and markings on equipment to inform consumers, technicians, and first responders of potential flammability hazards.

5. How does the listing for R-290 in refrigerated food processing and dispensing equipment relate to regulations implementing the venting prohibition under CAA section 608?

In section II.I of this preamble EPA is finalizing an exemption for R-290 used as a refrigerant in refrigerated food processing and dispensing equipment from the prohibition under CAA section 608(c)(2) on knowingly venting or otherwise knowingly releasing or disposing of any substitute refrigerant in the course of maintaining, servicing, repairing, or disposing of an appliance or IPR.

6. What existing use conditions apply to this refrigerant in the stand-alone units end-use category?

EPA previously listed R-290 acceptable, subject to use conditions, in new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20, 2011). Those requirements are codified in appendix R to 40 CFR part 82, subpart G. EPA provided information on the potential environmental and health risks of R-290 and the various refrigerants available at that time for use in this end-use category. EPA's previous risk screen for this refrigerant in this end-use category, based on the use conditions in that rule, is available in the docket for that previous rulemaking (EPA-HQ-OAR-2009-0286).

R-290 has an ASHRAE classification of A3, indicating that it has low toxicity and higher flammability. In the presence of an ignition source (

e.g.,

static electricity, a spark resulting from a closing door, or a cigarette), an explosion or a fire could occur if the concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1 percent) by volume.

The use conditions established in the SNAP Rule 17 for R-290 in new stand-alone units addressed safe use of this flammable refrigerant based on information available at that time and included the following: incorporation by reference of Supplement SB to the 10th edition (November 24, 2010) of UL 471 “Commercial Refrigerators and Freezers;” refrigerant charge size limits based on cooling capacity and type of equipment; and requirements for markings and warning labels on equipment using the refrigerant to inform consumers, technicians, and first responders of potential flammability hazards. EPA explained in that rulemaking that without appropriate use

conditions, the flammability risk posed by this refrigerant could be higher than non-flammable refrigerants because individuals may not be aware that their actions could potentially cause a fire, and because the refrigerant could be used in existing equipment that has not been designed specifically to minimize flammability risks. Our assessment and listing decisions in SNAP Rule 17 (76 FR 78832, December 20, 2011) found that with the use conditions, the overall risk of R-290, including the risk due to flammability, was not greater in the stand-alone units end-use than other substitutes that are currently or potentially available for that same end-use.

7. What updates to existing use conditions for stand-alone units is EPA finalizing?

EPA is finalizing the proposed use conditions that apply to R-290 in new stand-alone units manufactured on or after the effective date of this final rule. The updated use conditions finalized for use of R-290 in stand-alone units are common to those finalized for the commercial ice machine end-use in section II.D of this preamble, and others are common to all five end-uses in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For R-290 in stand-alone units, these use conditions in sections II.D and II.H of this preamble are the only revised use conditions EPA is finalizing—

i.e.,

there are no use conditions pertaining to refrigerant charge capacity or specific applications within stand-alone units. In summary, with the updates finalized for the use conditions for stand-alone units, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain exceptions), including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and markings on equipment to inform consumers, technicians, and first responders of potential flammability hazards.

EPA is finalizing the use conditions in this action, which apply to new stand-alone units on or after the effective date of this final rule. This final rule does not apply to nor affect equipment manufactured before the effective date of this action. The final regulatory text presents these different requirements as numbered listings in separate table rows, where the end-use and the effective time period during which the equipment is manufactured are in the left-most column, with the heading “End-use”; the specific requirements are listed as use conditions in the fourth column, with the heading “Use Conditions.” Under SNAP, EPA views equipment to be manufactured at the date upon which the appliance's refrigerant circuit is complete, the appliance can function, the appliance holds a full refrigerant charge, and the appliance is ready for use for its intended purposes. For stand-alone units (and most refrigerated food processing and dispensing equipment), this occurs at the factory. New stand-alone units manufactured between February 21, 2012, and the effective date of the final rule that use R-290 are required to meet the use conditions in SNAP Rule 17 (which took effect February 21, 2012) and as listed in appendix R to 40 CFR part 82, subpart G (in listing 2), including the use condition incorporating by reference Supplement SB to the 10th edition of UL 471. Such products are permitted to be warehoused and sold through normal channels, even if they are sold after the effective date of this final rule. Stand-alone units using R-290 manufactured on or after the effective date of this final rule are required to meet the use conditions finalized and listed in the revisions to appendix R. Those use conditions allow manufacturers of new stand-alone units using R-290 to follow either UL 471 or UL 60335-2-89 from the effective date of this final rule and through September 29, 2024, which is the date when UL is sunsetting UL 471. On and after September 30, 2024, new stand-alone units using R-290 for any new equipment designs or models must meet UL 60335-2-89; for an unchanged model or design that was already listed by UL—that is, certified to meet the requirements of UL 471—the equipment can continue to be manufactured according to that standard's requirements.

EPA is finalizing use conditions allowing all new stand-alone units using R-290 to be manufactured consistent with Supplement SB of UL 471, up to and including September 29, 2024. Therefore, during the time between the effective date of this final rule and September 29, 2024, manufacturers may follow either UL 471, 10th edition or UL 60335-2-89, 2nd edition, depending on which standard the equipment was designed to. This transition date was in this rule's proposal in order to align with the industry standard sunsetting date for UL 471. It is EPA's understanding that since proposal, UL has discussed updating its effective date when UL 60335-2-89 replaces UL 471 to reflect a later continuing certification date. EPA is allowing manufacturers to adhere to either standard for this limited time because the Agency recognizes that manufacturers may need time to make necessary changes including to their product labels. The period during which manufacturers may follow either standard should provide sufficient time for manufacturers to transition from UL 471 to UL 60335-2-89 while designing and testing new models and designs. Beginning September 30, 2024, for the purposes of the SNAP program, newly manufactured stand-alone units of new models and designs using R-290 must meet the requirements of UL 60335-2-89. Newly manufactured stand-alone units of existing models and designs that are certified (

e.g.,

UL-listed) using R-290 that remain unchanged other than cosmetic changes (

e.g.,

color changes) and that meet Supplement SB of UL 471 prior to September 30, 2024, may continue to meet those requirements after that date. In addition, we are requiring manufacturers to follow the set of use conditions that correspond with a specific UL standard (

e.g.,

we are including text in the revisions to appendix R stating that when an entity is using UL 471, it is to follow all use conditions in listing 2 and when using UL 60335-2-89, it is to follow all use conditions in listing 4 in the final revisions to appendix R). See section II.H.1 of this preamble for further discussion on the requirements of UL 60335-2-89, 2nd edition, which EPA is incorporating by reference.

EPA also notes that we are continuing to apply without revision two existing use conditions, nor did we take comment on those two existing use conditions. The use conditions finalized in this rule that restrict the use of R-290 to new equipment specifically designed for this refrigerant, and that require red-colored markings on service ports, pipes, hoses, and other devices through which the refrigerant is serviced, repeat the existing use conditions for R-290 in new stand-alone units.

8. How do the new use conditions for R-290 in stand-alone units differ from the existing ones and why is EPA changing the use conditions?

The revised use conditions EPA is finalizing for R-290 in stand-alone units are the same as or similar to the ones that exist today in appendix R to 40 CFR part 82, subpart G, for R-290 in this end-use category. The final requirements that R-290 must be used in new equipment only, and that new

stand-alone units must include red markings at service ports, pipes, hoses, and other devices through which the refrigerant is serviced, are repeated in this final listing. The revised use conditions concern incorporating by reference the most recent U.S. national industry safety standard and updated labeling requirements consistent with that new standard. Stand-alone units using R-290 manufactured before the effective date of this final rule are not affected by the revised use conditions.

Warning labels are required under EPA's use restrictions for R-290 in stand-alone units, and EPA is continuing to require them, although with some specific language changes. The finalized warning labels are similar to those already established as use conditions for the use of R-290 in stand-alone units. Using a common set of labels, similar to those from UL 60335-2-89, will aid in compliance and reduce burden for the industry, especially for a manufacturer that uses more than one refrigerant. EPA is finalizing that the labels must be provided in letters no less than 6.4 millimeter (

1/4

inch) high and must be permanent, which is identical to the existing requirement for R-290 in stand-alone units.

EPA is incorporating by reference a newer industry standard in the use conditions, including use of UL 60335-2-89, 2nd edition for equipment newly designed and manufactured on or after the effective date of this final rule instead of continuing to require Supplement SB of the 10th edition of UL 471. UL 60335-2-89 was developed in an open and consensus-based approach, with the assistance of experts in the refrigeration and AC industry as well as experts involved in assessing the safety of products. The revision cycle for the 2nd edition, including final recirculation, concluded with its publication on October 27, 2021. UL 60335-2-89 replaces the previously published version of several standards, including UL 471, which had already been published as a 10th edition by that time. EPA was aware of the continuing progress of UL standards to address flammable refrigerants. In SNAP Rule 23 (86 FR 24444, May 6, 2021), which listed a number of A2L refrigerants for use in the residential and light commercial AC and heat pumps end-use, we stated, “EPA understands that the standard we relied on in [SNAP] Rule 19 might `sunset' in the future. Therefore, we will continue to evaluate the market for the equipment addressed in that rule, including R-290 in stand-alone units, and whether to establish new or revised use conditions that reference UL 60335-2-89.” Today, we are finalizing such a change knowing that the standard to which such equipment is UL-listed will transition from UL 471 to the most recent standard, UL 60335-2-89, for newly designed and manufactured equipment as of September 30, 2024.

To allow time for manufacturers of stand-alone units to transition between the existing use condition using the 10th edition of UL 471 and the new use condition using UL 60335-2-89, EPA is allowing R-290 to be used in stand-alone units manufactured either following UL 471 or UL 60335-2-89 during a transition period. That transition period begins on the effective date of this final rule, July 15, 2024, and lasts through September 29, 2024. It is EPA's understanding that UL intends to sunset UL 471 on September 29, 2024, and EPA is coordinating with that sunset date. Further, based on public comments, EPA understands that UL allows newly manufactured equipment that remains unchanged from its previous UL-listed (certified) design or model to continue to follow an earlier standard such as UL 471 because the manufacturer has made no changes. EPA intends to follow this practice, as well, in this final rule. Beginning September 30, 2024, the use condition allows R-290 to be used in new stand-alone units that follow UL 60335-2-89, or for newly manufactured stand-alone units that are unchanged from the model or design previously UL-listed as meeting UL 471 10th edition. In addition, manufacturers must follow the set of use conditions that correspond with a specific UL standard (

i.e.,

when using UL 471, follow all use conditions in listing 4 and when using UL 60335-2-89, follow all use conditions in listing 6 in the final revisions to appendix R).

Another revision to the use conditions is the limit on charge sizes. The existing use conditions from SNAP Rule 17 require the charge sizes to be calculated consistent with UL 471, with a maximum charge of 150 g allowed. The final revised use conditions for equipment newly designed and manufactured on or after the effective date of this final rule allow charge sizes calculated based on UL 60335-2-89, which allows charges of up to roughly 500 g of R-290 for open stand-alone units, or roughly 300 g for those with doors and drawers. These changes allow the use of R-290 in larger equipment than previously and provide more options for industry, while mitigating flammability or exposure risk and maintaining safety within a comparative risk framework.

Because of the differences between UL 471 and UL 60335-2-89, EPA performed a new risk screen for R-290 as a refrigerant in retail food refrigeration equipment, including stand-alone units.

In this risk screen, EPA adjusted charge sizes to be consistent with the larger charge sizes of roughly 300 g and 500 g allowed for R-290 under UL 60335-2-89. The risk screen also considered the impact of mitigation methods such as valves that would restrict the amount of refrigerant that could be released, with a limit on “releasable charge.” The updated risk screen found that concentrations of R-290 still would not exceed the LFL when used according to the new use condition with releasable charge and larger charge sizes and consistent with UL 60335-2-89, and thus the new use conditions also address potential flammability risks of using R-290.

In addition, the risk screen modeled the reasonable worst-case scenario of short-term exposure (15-minute TWA) due to a catastrophic release of the charge. Under this highly conservative scenario, the worst-case exposure of 5,770 ppm was still significantly lower than the Acute Toxicity Exposure Limit (ATEL) of 50,000 ppm.

According to ASHRAE 34, R-290 is listed under safety group A3 with an ATEL of 50,000 ppm. ASHRAE 34 ATELs are intended to reduce the risks of acute toxicity, asphyxiation, and flammability hazards in normally occupied, enclosed spaces during refrigerant use and protect end-users from the potential dangers of a catastrophic leak from a refrigeration unit. For further information, see the risk screen

for R-290 in the docket for this rulemaking.

ICF, 2023h.

Op. cit.

Ibid.

The source of the ATEL is ASHRAE 34-2022, as cited in ICF, 2023h.

Op cit.

ICF, 2023h.

Op. cit.

9. What additional information is EPA including in these listings?

EPA is providing additional information related to this final listing for R-290 in new refrigerated food processing and dispensing equipment and the final listing for R-290 in new stand-alone units. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the refrigerant under the SNAP program. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. This additional information is similar to, but not identical with, the additional information in the listing for R-290 in stand-alone units in SNAP Rule 17, which included additional

information such as applicable OSHA requirements, need for proper ventilation, use of personal protective equipment, fire extinguishers to keep nearby, use of spark-proof tools and recovery equipment designed for flammable refrigerants, and suggestions for technician training. EPA is finalizing additional information consistent with that included in the final listings for other refrigerants in stand-alone units in this rule and consistent with that included in the listings for R-290 as acceptable, subject to use conditions, in stand-alone units in Rule 17, with additional information such as recommendations for actions to take in case of an accidental release, additional recommended practices for technicians, DOT requirements for transport of flammable gases, and statement that disposed flammable refrigerant is likely to be hazardous waste under RCRA. While the items listed are not legally binding under the SNAP program, EPA encourages users of substitutes to apply all statements in the “Further Information” column in their use of these refrigerants.

10. How is EPA responding to comments on listing R-290 in refrigerated food processing and dispensing equipment and updating the use conditions for R-290 in stand-alone units?

Several commenters provided input on listing R-290 as a substitute.

Comment:

Two commenters referenced charge size considerations for R-290 and asked that EPA align the final rule with industry standards to reduce confusion. One commenter asked EPA to conform its description of R-290 charge sizes to those allowed under UL 60335-2-89 and ASHRAE 15: 13 times the LFL for open appliances (494 g), eight times the LFL for closed appliances with doors and drawers (304 g), and 3 times the LFL in public corridors and lobbies (114 g). To avoid confusion, they cautioned EPA to avoid noting that a charge limit of 500 g of R-290 is permitted. The same commenter noted that larger charge sizes of R-290 are only permitted for products listed to UL 60335-2-89, and not UL 471. A different commenter added that the UL 60335-2-89 standard for stand-alone retail food refrigeration equipment with R-290 is thorough and sufficient. They mentioned that conversion of self-contained refrigeration equipment using R-290 is currently constrained by the use restrictions for stand-alone retail food refrigeration (150 grams or less in UL 471). They added that work remains to properly and safely convert products that require larger charges of R-290 to supply the cooling capacity needed. Another commenter requested that EPA allow larger charges of R-290 in the high side of cascade systems or secondary systems in all applications. They stated that R-290 can be paired with carbon dioxide to make an energy efficient system in warmer climates. They added that the International Institute of Ammonia Refrigeration (IIAR) is developing a standard specifically for the use of R-290.

Response:

EPA agrees with the commenters concerning the description of charge sizes for R-290 and the related requirements of UL 60335-2-89 and ASHRAE 15. Specifically, UL 60335-2-89 limits charge sizes for R-290 to 13 times the LFL for open appliances (494 g), eight times the LFL for closed appliances with doors and drawers (304 g), and ASHRAE 15-2022 limits charges to 3 times the LFL in public corridors and lobbies (114 g). As noted by the commenters, the charge size limit for R-290 is 150 g for equipment following UL 471. EPA did not propose to list R-290 as acceptable, subject to use conditions, for the high side of cascade systems or secondary loop systems in all applications and did not receive information in a submission for such uses of R-290; thus, EPA has not performed necessary analysis to make a listing decision nor provided an opportunity for comment on that analysis. EPA also notes that the current edition (2nd edition) of UL 60335-2-89 only allows use of A3 (higher flammability) refrigerants in self-contained equipment, which applies to stand-alone units and to some refrigerated food processing and dispensing equipment, not to supermarket systems or remote condensing units. In response to the comments regarding IIAR standard development, EPA would first need to review a final standard and propose it as a use condition before requiring it in a final listing; thus, this comment is beyond the scope of this rulemaking. EPA will continue to monitor development of and changes to relevant standards, and the Agency may consider whether any additions to or revisions to the SNAP program regulations should be proposed at a future date.

Comment:

One commenter stated that expanding the use of R-290, with a low GWP, will help minimize harmful climate impacts of refrigerant emissions while maintaining safe systems.

Response:

EPA agrees in general that allowing greater use of R-290 would allow for lower climate impacts, and so long as R-290 is used according to the use conditions in this final rule, we expect it will be used as safely as other available substitutes for the same uses.

C. Commercial Ice Machines—Listing of HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use Conditions, for Use in New Commercial Ice Machines

This final rule lists HFC-32, HFO-1234yf, and the refrigerant blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in new commercial ice machines. The listings for refrigerants HFC-32, R-454A, and R-454B are being finalized in this rule only for larger equipment—specifically, remote commercial ice machines, self-contained batch-type commercial ice machines with a harvest rate greater than 1,000 lb ice per 24 hours, and self-contained continuous-type commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours; EPA is not finalizing listings for those three refrigerants for smaller commercial ice machines at this time.

Several use conditions finalized for commercial ice machines are common to those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For commercial ice machines, those are the only use conditions EPA is finalizing. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain exceptions), including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and markings on equipment to inform consumers, technicians, and first responders of potential flammability hazards.

In this final action, EPA is revising the existing listing for R-290 in new self-contained commercial ice machines in appendix V to 40 CFR part 82, subpart G. The regulatory text contains listing decisions for the commercial ice machines end-use, as well as certain other previous listings that EPA is republishing for purposes of formatting for the

Federal Register

; EPA is not finalizing substantive changes to those earlier decisions,

e.g.,

listings for R-290 in new water coolers and in new very low temperature refrigeration equipment.

1. Background on Commercial Ice Machines

Commercial ice machines are used in commercial establishments (

e.g.,

hotels, restaurants, convenience stores) to produce ice for consumer use. Commercial ice machines

are another subset of commercial refrigeration and are considered a separate end-use within the SNAP program from retail food refrigeration due to differences in where such equipment is placed and the additional mechanical and electronic components required to make and dispense ice. Ice machines produce ice in various sizes and shapes, and with different retrieval mechanisms (

e.g.,

dispensers or self-retrieval from bins). Many commercial ice machines are self-contained units, while some have the condenser separated from the portion of the machine making the ice and have refrigerated lines running between the two (also known as remote condensing equipment). The listings described in section II.C.4 of this preamble apply both to larger self-contained commercial ice machines and to remote condensing commercial ice machines. Commercial ice machines fall under the scope of UL 60335-2-89, “Household and Similar Electrical Appliances—Safety—Part 2-89: Requirements for Commercial Refrigerating Appliances and Ice-Makers with an Incorporated or Remote Refrigerant Unit or Motor-Compressor.”

Industry standards for this type of equipment,

e.g.,

UL 563 and UL 60335-2-89, use the terms “ice maker” or “ice-maker” rather than commercial ice machines. The terms may be used interchangeably and refer to the same equipment.

Commercial ice machines can also be divided between batch-type machines (

e.g.,

providing cubed ice) and continuous-type machines (

e.g.,

providing flaked ice). Batch-type (also called cube type) ice machines harvest ice with alternating freezing and harvesting periods. Batch-type commercial ice machines can be used in a variety of applications but are generally used to generate ice for use in beverages. Batch-type commercial ice machines are often employed in hotels, hospitals, and restaurants where beverages are served. Continuous-type ice makers produce ice through a continuous freeze and harvest process and include flake and nugget ice machines. Flake ice is used primarily in food displays, such as seafood grocery store displays or salad bars, whereas nugget ice (also known as chewable ice) is primarily used in beverage applications such as smoothies and blended cocktails. DOE sets energy conservation standards for commercial ice machines and distinguishes these based in part on their harvest rate,

defined as “as the amount of ice (at 32 degrees F) in pounds produced per 24 hours.” 10 CFR 431.132.

For purposes of this rule, the harvest rate shall be determined in accordance with 10 CFR 431.134.

R-404A has commonly been used in remote condensing commercial ice machines, while both R-404A and R-410A have been commonly used in self-contained commercial ice machines. Recently, there has been the introduction of smaller self-contained commercial ice machines that use R-290.

2. What are the ASHRAE classifications for refrigerant flammability?

ASHRAE 34-2022 categorizes the refrigerants for commercial ice machines in this section as being in the A2L Safety Group. See section II.A.2 of this preamble for further discussion on ASHRAE classifications of these refrigerants.

3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A and how do they compare to other refrigerants in the same end-use?

See section II.A.3 of this preamble for further discussion on the identity, environmental, flammability, toxicity, and exposure information for HFO-1234yf, R-454A, R-454C, R-455A, R-457A, and R-516A.

EPA previously listed HFO-1234yf as acceptable, subject to use conditions, in motor vehicle AC in light-duty vehicles (74 FR 53445, October 19, 2009), in heavy-duty pickup trucks and complete heavy-duty vans (81 FR 86778, December 1, 2016) and in nonroad vehicles and service fittings for small refrigerant cans (87 FR 26276, May 4, 2022). EPA previously listed R-454A, R-454B, R-454C, and R-457A as acceptable, subject to use conditions, as substitutes in residential and light commercial AC and heat pumps (86 FR 24444, May 6, 2021). EPA previously listed HFC-32 as acceptable, subject to use conditions, in self-contained room air conditioners (80 FR 19453, April 10, 2015) and listed HFC-32 as acceptable, subject to use conditions, in the remaining types of residential and light commercial air conditioning and heat pumps.

HFC-32 is also known as R-32 or difluoromethane (CAS Reg. No. 75-10-5). R-454B, also known by the trade names “Opteon

XL 41” and “Puron Advance

,” is a blend consisting of 68.9 percent HFC-32 and 31.1 percent HFO-1234yf. Redacted submissions and supporting documentation for HFC-32, HFO-1234yf, and the refrigerant blends are provided in the docket for this rule (EPA-HQ-OAR-2023-0043) at

https://www.regulations.gov

. EPA performed a risk screening assessment to examine the health and environmental risks of each of these refrigerants. These risk screens are available in the docket for this rule.

43 44 45 46 47 48 49 50

ICF, 2024i. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: HFC-32.

ICF, 2024j. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: HFO-1234yf.

ICF, 2024k. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R-454A (Opteon® XL40).

ICF, 2024l. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R-454B.

ICF, 2024m. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R-454C (Opteon

XL20).

ICF, 2024n. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R-455A (Solstice® L40X).

ICF, 2024o. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R-457A (Forane® 457A).

ICF, 2024p. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R-516A (Forane® 516A).

Environmental information:

HFC-32 and R-454B, as well as the other refrigerants being listed in this end-use, have ODPs of zero.

HFC-32 has a GWP of 675. If the GWPs for the components of R-454B, HFC-32 and HFO-1234yf (GWP of one), are weighted by mass percentage, then the blend R-454B has a GWP of about 465.

Both of the components of R-454B, HFC-32 and HFO-1234yf, are excluded from EPA's regulatory definition of VOC (see 40 CFR 51.100(s)) for the purpose of addressing the development of SIPs to attain and maintain the NAAQS.

Under section 608(c)(2) of the CAA and EPA's regulations at 40 CFR 82.154(a)(1), it is unlawful for any person, in the course of maintaining, servicing, repairing, or disposing of an appliance or IPR, to knowingly vent or otherwise knowingly release or dispose of any substitute substance for a class I or class II substance used as a refrigerant in such appliance (or IPR) in a manner which permits such substance to enter the environment. EPA has established certain limited exemptions to this venting prohibition, as listed in 40 CFR 82.154(a)(1), but none of those exemptions apply to HFC-32 or R-454B.

Flammability information:

HFC-32 and R-454B are both classified as 2L refrigerants under ASHRAE Standards reflecting that these compounds are flammable but have lower burning velocity than compounds listed as 2 or 3 under the ASHRAE standard. EPA evaluated flammability risk by evaluating reasonable worst-case and more typical, yet conservative, scenarios to model the effects of releases of HFC-32 and R-454B, respectively, in the listed end-uses. These refrigerants are

not expected to present a flammability concern provided the use conditions are followed. The use conditions provide additional safety measures and labeling requirements (

e.g.,

Toxicity and exposure data:

HFC-32 and R-454B have an ASHRAE toxicity classification of A. Potential health effects of exposure to these refrigerants include drowsiness or dizziness. The refrigerants may also irritate the skin or eyes or cause frostbite. At sufficiently high concentrations, the refrigerants may cause irregular heartbeat. The refrigerants could cause asphyxiation if air is displaced by vapors in a confined space. These potential health effects are common to many refrigerants.

AIHA has established a WEEL of 1,000 ppm (8-hr TWA) for HFC-32 and a WEEL of 500 ppm as an 8-hr TWA for HFO-1234yf, the components of R-454B. The manufacturer of R-454B recommends an AEL for the workplace of 854 ppm on an 8-hr TWA for this blend, as does ASHRAE 34-2022. EPA anticipates that users will be able to meet the AIHA WEELs and the manufacturer's AEL and address potential health risks by following requirements and recommendations in the manufacturers' SDS, the final use conditions (including adherence to UL 60335-2-89 and ASHRAE Standard 15), and other safety precautions common to the refrigeration and AC industry.

Comparison to other substitutes in this end-use:

HFC-32, HFO-1234yf, and the refrigerant blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A all have an ODP of zero, comparable to or lower than some of the acceptable substitutes in new commercial ice machines, such as HFC-134a, R-410A, and R-513A, with ODPs of zero.

HFO-1234yf has a GWP of one, comparable to that of R-290 and ammonia with GWPs of three and zero. R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 465, higher than some of the acceptable substitutes for new commercial ice machines and lower than those of other substitutes such as R-450A and R-513A, with GWPs of about 600 and 630. HFC-32 has a GWP of 675, higher than some of the acceptable substitutes including R-290, R-450A, and R-513A; however, the GWP of HFC-32 is lower than those of R-410A and R-404A, with GWPs of approximately 2,090 to 3,920, which are refrigerants that have typically been employed in larger systems. Our evaluation is that the characteristics of HFC-32, R-454A, and R-454B meet the technical needs of larger commercial ice machines, providing larger charge sizes, greater capacity and no glide, allowing for even formation of ice, while lower-GWP alternatives do not. For instance, R-513A and R-450A have lower capacity than HFC-32, and R-290 is restricted to smaller charge sizes (see section II.D of this preamble for further information). Remote appliances using A2L refrigerants, including remote condensers, may be either self-contained or field erected and may be factory or field charged.

Information regarding the toxicity of other available alternatives is provided in the previous listing decisions for new commercial ice machines (

https://www.epa.gov/snap/substitutes-commercial-ice-machines

). Toxicity risks of use, determined by the likelihood of exceeding the exposure limit of HFC-32, HFO-1234yf, and the refrigerant blends in these end-uses are evaluated in the risk screens referenced previously. The toxicity risks of using HFC-32, HFO-1234yf, and the refrigerant blends in new commercial ice machines are comparable to or lower than toxicity risks of other available substitutes in the same end-use. Toxicity risks of the listed refrigerants can be mitigated by use consistent with UL 60335-2-89 and ASHRAE 15-2022-which are required by our final use conditions-and other industry standards; recommendations in the manufacturers' SDS; and other safety precautions common in the refrigeration and AC industry.

The flammability risks of HFC-32, HFO-1234yf, and the refrigerant blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the new commercial ice machine end-use, determined by the likelihood of exceeding their respective LFLs, are evaluated in the risk screens referenced previously in this section. While these refrigerants pose greater flammability risk than other available, non-flammable substitutes in the new commercial ice machines end-use, this risk can be mitigated by use consistent with ASHRAE 15-2022 and UL 60335-2-89, required as use conditions in this rule, as well as recommendations in the manufacturers' SDS and other safety precautions common in the refrigeration and AC industry. EPA is requiring use conditions to reduce the potential risk associated with the flammability of these alternatives so that they will not pose greater overall risk to human health and the environment than other acceptable substitutes in the new commercial ice machines end-use.

In addition, the listed refrigerants have lower GWPs than most other available alternatives for new commercial ice machines. The listing of these refrigerants provides additional lower-GWP options for situations where other refrigerants with lower GWPs are not viable, such as for use of HCs in systems with remote compressors or equipment requiring larger charge sizes, where equipment using CO

may not be able to meet energy conservation standards from the DOE, or where a refrigerant must have minimal glide to ensure consistent freezing while manufacturing ice. Given the wide range of applications and exacting performance requirements for commercial ice machines, not all refrigerants listed as acceptable under SNAP will be suitable for the range of equipment in new commercial ice machines. To provide additional options to ensure the availability of refrigerants with lower GWPs for the full range of new commercial ice machines and, therefore, lower overall risk to human health and the environment, EPA is listing HFO-1234yf and the refrigerant blends R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for use in all types of new commercial ice machines. Further, EPA is listing HFC-32, R-454A, and R-454B as acceptable, subject to use conditions, in larger commercial ice machines: specifically, remote commercial ice machines, self-contained batch-type commercial ice machines with a harvest rate greater than 1,000 lb ice per 24 hours, and self-contained continuous-type commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours. EPA is not finalizing listings for those three refrigerants for smaller self-contained commercial ice machines at this time, as lower-GWP refrigerants, such as R-290, perform adequately. Further, EPA notes that in the final Technology Transitions Rule under the AIM Act, smaller self-contained commercial ice machines, namely, batch-type self-contained units with a harvest rate at or below 1,000 lb ice per 24 hours and continuous-type self-contained units with a harvest rate at or below 1,200 lb ice per 24 hours, are restricted to using refrigerants with a GWP less than 150.

4. Why is EPA finalizing these specific use conditions?

The use conditions identified in these final listings are explained in section II.H.1 of this preamble in greater detail.

5. What additional information is EPA including in these listings?

EPA is providing additional information related to these listings. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the substitute under the SNAP program. While the items listed are not legally binding under the SNAP program, EPA encourages users of substitutes to apply all statements in the “Further Information” column in their use of these refrigerants. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings.

6. How is EPA responding to comments on commercial ice machines?

Comment:

One commenter recommended that EPA restrict acceptable substitutes in commercial ice machines to those below a 150 GWP limit. The reason for this commenter's request was to align with GWP limits in the proposed Technology Transition rulemaking, which, as proposed, would set a January 1, 2025, compliance date limiting refrigerants over a GWP of 150 for self-contained commercial ice machines with a charge of 500 grams or less. They noted the proposed SNAP Rule 26's inclusion of HFC-32, R-454A, and R-454B for use in commercial ice machines would conflict with the proposed Technology Transitions Rule, which would restrict the GWP of refrigerants below 150 in self-contained commercial ice machines with a charge size less than 500 g. The commenter pointed out that low-GWP refrigerants like carbon dioxide and R-717 would still be available for use in this subsector. The commenter opposed the addition of any refrigerants with a GWP of greater than 150, as required under the proposed Technology Transitions Rule, including R-454A in self-contained equipment.

Response:

In this final rule, EPA is listing HFC-32, R-454A, and R-454Bx as acceptable, subject to use conditions, for remote condensing and larger self-contained commercial ice machines and is listing HFO-1234yf, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use conditions, for all commercial ice machines. The Agency is aware that commercial ice machine manufacturers have found it difficult to design for the use of alternative refrigerants with a GWP less than 150 (like carbon dioxide and R-717) that have adequate performance properties (

e.g.,

sufficiently high pressure and volumetric capacity and a lower boiling point) for use with larger equipment (

i.e.,

with a larger ice harvest rate) or with a remote condenser; thus, EPA is listing three refrigerants as acceptable in this rule that have a GWP of greater than 150 that equipment manufacturers have been testing for use in commercial ice machines (

i.e.,

HFC-32, R-454A, and R-454B). These three refrigerants have GWPs of 237 for R-454A, 465 for R-454B, and 675 for HFC-32, which are still lower than or comparable to refrigerants such as R-450A or R-513A, with GWPs of approximately 600 and 630. Further, their GWPs are significantly lower than commonly used HFC blends such as R-410A with a GWP of 2,090 and R-404A with a GWP of 3,920.

In response to comments related to the Technology Transitions Rule, as noted previously in this preamble, EPA agrees that there may be circumstances where there is little practical value in finalizing an acceptable listing for an alternative where the Technology Transitions Rule would restrict its use. However, that is not the situation here for this listing for R-454A with a GWP of 237, R-454B with a GWP of 465, and HFC-32 with a GWP of 675, for use in remote condensing and larger self-contained commercial ice machines. The Agency notes that the final Technology Transitions Rule categorizes self-contained commercial ice machines differently than in the proposed Technology Transitions Rule. EPA restricted refrigerants to those with a GWP of less than 150 for self-contained commercial ice machines with a harvest rate less than or equal to 1,000 or 1,200 pounds of ice per 24 hours (depending on whether the equipment was batch-type or continuous-type). Self-contained commercial ice machines with greater harvest rates are restricted from using certain higher-GWP HFC blends under that rule, but the refrigerants being listed in this final SNAP rule are not otherwise prohibited under the final Technology Transitions Rule. EPA did not propose, and is not finalizing in this action, a use condition restricting the use of those refrigerants that have a GWP of 150 or greater (

i.e.,

HFC-32, R-454A, and R-454B). While EPA is not finalizing such a restriction in this action, in the future, EPA may consider further whether such a restriction would be appropriate under SNAP. EPA additionally notes, however, those refrigerants are still prohibited under the final Technology Transition rule for self-contained commercial ice machines with harvest rates less than or equal to 1,000 or 1,200 pounds per day.

D. Commercial Ice Machines—Revision of the Use Conditions in the Previous Listing of R-290 as Acceptable, Subject to Use Conditions, for Use in New Self-Contained Commercial Ice Machines

EPA is revising use conditions in the existing listing of R-290 as acceptable, subject to use conditions, for use in new elf-contained commercial ice machines established in SNAP Rule 21 (81 FR 86779, December 1, 2016). In this final rule, we are updating those use conditions to be consistent with the most recent U.S. national industry safety standard for commercial refrigeration equipment, including self-contained commercial ice machines, UL 60335-2-89. Among other things, these revisions will allow safe use of larger charge sizes of R-290 than under the previous use condition requiring an earlier standard, UL 563, which will allow for broader use of R-290 as an alternative in this end-use. Similar use conditions apply to other refrigerants with lower flammability in this SNAP action in section II.C of this preamble. The final use conditions are allowed for such equipment manufactured on or after the effective date of this final rule and do not apply to nor affect equipment manufactured before that effective date.

This revision to the use conditions incorporates by reference a newer industry standard, changing the reference from Supplement SA to the 8th edition, dated July 31, 2009, of UL 563, “Ice Makers” to UL 60335-2-89. EPA is providing a transition period during which self-contained commercial ice machines manufactured with R-290 may follow either UL 563 or UL 60335-2-89. After the transition period ends, new self-contained commercial ice machines manufactured with R-290 must follow UL 60335-2-89 for purposes of the SNAP program, except as noted below for models that remain essentially unchanged from their earlier UL certification to UL 563.

Several use conditions finalized for this end-use are similar to those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. In summary, the common use conditions are: restricting the use of the refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and markings on equipment to

inform consumers, technicians, and first responders of potential flammability hazards. The regulatory text of the use conditions appears in tables at the end of this document.

In this final action, EPA is revising the existing listing for R-290 in new self-contained commercial ice machines in appendix V to 40 CFR part 82, subpart G. The revised regulatory text contains listing decisions for new self-contained commercial ice machines in appendix V. EPA is also republishing certain other previous listings for purposes of formatting for the

Federal Register

; EPA is not finalizing substantive changes to those earlier decisions (

e.g.,

listings for R-290 in new water coolers and in new very low temperature refrigeration equipment).

1. Background on Commercial Ice Machines

See section II.C.1 of this preamble for background on this end-use.

2. What are the ASHRAE classifications for refrigerant flammability?

ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group. See section II.A.2 of this preamble for further discussion on ASHRAE classifications.

3. What is R-290 and where is there information on its use in this end-use?

See section II.B.3 of this preamble for further discussion on the identity, environmental, flammability, toxicity, and exposure information for R-290.

Redacted submissions and supporting documentation for R-290 are provided in the docket for this final rule (EPA-HQ-OAR-2023-0043) at

https://www.regulations.gov

. EPA performed a risk screening assessment to examine the health and environmental risks of this refrigerant in self-contained commercial ice machines. The risk screen is available in the docket for this final rule.

ICF, 2023q. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: (R-290).

4. What existing use conditions apply to this refrigerant in this end-use?

EPA previously listed R-290 acceptable, subject to use conditions, in new self-contained commercial ice machines in SNAP Rule 21 (81 FR 86779, December 1, 2016). Those requirements are codified in appendix V to 40 CFR part 82, subpart G. EPA provided information on the environmental and health risks of R-290 and the various substitutes available at that time for use in this end-use. Additionally, EPA's previous risk screen for this refrigerant, based on the use conditions in that rule, is available in the docket for that previous rulemaking (EPA-HQ-OAR-2015-0663).

R-290 has an ASHRAE classification of A3, indicating that it has low toxicity and higher flammability. In the presence of an ignition source (

e.g.,

The use conditions established in the 2016 listing for R-290 in new self-contained commercial ice machines addressed safe use of this flammable refrigerant and included the following: incorporation by reference of Supplement SA to the 8th edition (July 31, 2009, including revisions through November 29, 2013) of UL 563, “Ice Makers;” refrigerant charge size limits based on cooling capacity and type of equipment; and requirements for markings and warning labels on equipment using the refrigerant to inform consumers, technicians, and first responders of potential flammability hazards. Our assessment and listing decisions in SNAP Rule 21 (81 FR 86779, December 1, 2016) found that with the use conditions, the overall risk of this refrigerant, including the risk due to flammability, was not greater in this end-use than other substitutes that are currently or potentially available for that same end-use.

5. What updates to existing use conditions for commercial ice machines is EPA finalizing?

EPA is finalizing the proposed use conditions that apply to R-290 in new self-contained commercial ice machines manufactured on or after the effective date of this final rule. Several of the updated use conditions finalized for use of R-290 in self-contained commercial ice machines are common to those finalized for the stand-alone units end-use in section II.B of this preamble. Other use conditions are common to all refrigerants and all five end-uses in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For R-290 in self-contained commercial ice machines, these are the only revised use conditions EPA is finalizing. In summary, the common use conditions for all five end-uses are: restricting the use of the refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain exceptions), including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and markings on equipment to inform consumers, technicians, and first responders of potential flammability hazards.

EPA is finalizing the use conditions in this action, which apply to new self-contained commercial ice machines manufactured on or after the effective date of this final rule. This final rule does not apply to nor affect equipment manufactured before that effective date. The final regulatory text presents these different requirements as numbered listings in separate table rows, where the end-use and the effective time period during which the equipment is manufactured are in the left-most column, with the heading “End-use”; the specific requirements are listed as use conditions in the fourth column, with the heading “Use Conditions.” Under SNAP, EPA views equipment to be manufactured at the date upon which the appliance's refrigerant circuit is complete, the appliance can function, the appliance holds a full refrigerant charge, and the appliance is ready for use for its intended purposes. For new self-contained commercial ice machines, this occurs at the factory. New self-contained commercial ice machines manufactured using R-290 between January 3, 2017, and the effective date of this final rule are required to meet the use conditions in SNAP Rule 21 (which took effect January 3, 2017) and as listed in appendix V to 40 CFR part 82, subpart G (in listing 1), including the use condition incorporating by reference Supplement SA to the 8th edition of UL 563. Such products are per

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