Protection of Stratospheric Ozone; Refrigerant Recycling

SUMMARY: Through this action EPA is amending the Refrigerant Recycling

Regulations. This action is being undertaken by EPA to amend specific

portions of the published text, including the definitions, required

practices, and the reporting and recordkeeping requirements; to adopt

recently amended industry standards; and to clarify the meaning and

applicability of various terms. This action will affect the sellers of

refrigerant, aid the affected community, and may provide relief to

certain segments of the affected community.

DATES: This final action will become effective on October 18, 1994

unless EPA is notified by September 19, 1994 that any person wishes to

submit adverse comment. Should EPA receive such notice, EPA will

publish one subsequent action in the Federal Register to withdraw this

final action and another action proposing this action and requesting

comments. In such a case, following a public comment period, the Agency

will draft the final regulation to be published in the Federal

Register. The incorporation by reference of certain publications listed

in the regulations is approved by the Director of the Federal Register

as of October 18, 1994.

ADDRESSES: Comments and materials supporting this rulemaking are

contained in Public Docket No. A-92-01, Waterside Mall (Ground Floor)

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460 in room M-1500. Dockets may be inspected from 8 a.m. until 4

p.m., Monday through Friday. A reasonable fee may be charged for

copying docket materials. Those wishing to notify EPA of their intent

to submit adverse comments on this action should contact Cynthia

Newberg, Program Implementation Branch, Stratospheric Protection

Division, Office of Atmospheric Programs, Office of Air and Radiation

(6205-J), 401 M Street, SW., Washington, DC 20460 Docket # A-92-01 VIII

B. (202) 233-9729.

FOR FURTHER INFORMATION CONTACT: Section 608 Recycling Program Manager,

Program Implementation Branch, Stratospheric Protection Division,

Office of Atmospheric Programs, Office of Air and Radiation (6205-J),

401 M Street, SW., Washington, DC 20460. The Stratospheric Ozone

Information Hotline at 1-800-296-1996 can also be contacted for further

information.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in

the following outline:

I. Refrigerant Recycling Regulations

II. Revisions to the Refrigerant Recycling Regulations

A. Definitions

1. Technician

2. Adoption of Standard Based on ARI 700-1993 in Definition of

``Reclaim''

B. Prohibitions

1. Sale of Used Appliances Without Service Apertures

2. Exceptions to Prohibition on Sale of Unreclaimed Refrigerant

C. Required Practices

1. Exception for Leaky Appliances to Evacuation Requirements at

Disposal

2. Use of Nitrogen to Pressurize-113 Appliances for Non-major

Repairs

3. Requirements for Recovery Using New Recovery Technologies

4. Availability of Certified Recycling and Recovery Equipment to

Persons Disposing of MVACs and MVAC-like Appliances

5. Exemption for Pump-out Units from 15-pound Limit for System-

Dependent Equipment

6. Applicability Solely to Equipment Containing More Than 50

Pounds of Refrigerant of Leak Repair and Associated Recordkeeping

Requirements

D. Equipment Certification

1. Measurement of Recovery Rates

E. Technician Certification

F. Reporting and Recordkeeping Requirements

1. Sales Restriction--Effective Date for Recordkeeping

2. Proof of Employment of Certified Personnel

G. Appendix A

H. Appendix B

I. Appendix D

J. Removal of Parenthetical Statements

III. Effective Dates

IV. Summary of Supporting Analysis

A. Executive Order 12866

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

V. Judicial Review

I. Refrigerant Recycling Regulations

Final regulations published on May 14, 1993 (58 FR 28660) establish

a recycling program for ozone-depleting refrigerants recovered during

the servicing and disposal of air-conditioning and refrigeration

equipment. Together with the prohibition on venting during the

maintenance, service, repair, and disposal of class I and class II

substances (see the listing notice January 22, 1991; 56 FR 2420) that

took effect on July 1, 1992, these regulations should substantially

reduce the emissions of ozone-depleting refrigerants. The regulations

require that persons servicing air-conditioning and refrigeration

equipment observe certain service practices that reduce emissions, and

establish equipment and reclamation certification requirements, as well

as a technician certification requirement. A sales restriction on the

sale of refrigerant was also established by the final regulations. As

of November 14, 1994, only certified technicians will legally be

authorized to purchase refrigerant.\1\ In addition, the final

regulations established a leak repair requirement for equipment that

normally holds a refrigerant charge of fifty pounds or more. Finally,

the regulations require that ozone-depleting compounds contained in

appliances be removed prior to disposal of the appliances, and that all

air- conditioning and refrigeration equipment, except for small

appliances, be provided with a servicing aperture that will facilitate

recovery of refrigerant.

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\1\It should be noted that EPA has recently proposed to extend

this date for technicians that have been trained, tested, and

approved by an organization requesting to be grandfathered under

Sec. 82.161(g). (See Federal Register published 8/15/94).

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II. Revisions to the Refrigerant Recycling Regulations

Through this action EPA is promulgating several minor changes to

the final rule. Below is a description of each change to the regulatory

text that appeared in the Federal Register on May 14, 1993.

A. Definitions

1. Technician

Section 82.152(x) defines a ``technician'' for purposes of the

refrigerant recycling rule. A technician is a person who provides

maintenance, service or repair that could reasonably be expected to

release ozone-depleting substances through those actions. Section

82.152(x) includes in the definition of ``technician'' a person who

disposes of appliances, but does not include any person disposing of

small appliances. In excluding such persons, EPA considered the nature

of work associated with recovering refrigerants from small appliances

prior to disposal, the affected workforce, and any environmental damage

that could result from emissions during disposal.

In drafting the final rule, EPA left out motor vehicle air

conditioners (MVAC)\2\ and MVAC-like equipment\3\ in exempting

certification of technicians disposing of certain types of equipment.

Disposal of MVACs and MVAC-like appliances is similar in many ways to

the disposal of small appliances. EPA distinguishes between large

equipment that is dismantled on-site and portable equipment that may

enter the waste stream with its refrigerant charge still intact because

of the differences between the two types of equipment once they reach

the end of their useful lives. Large equipment dismantled on-site must

have refrigerant removed as part of the dismantling process because

there is no other option that will result in successful recovery of

refrigerant. This large equipment cannot enter the waste stream with

the charge intact, while more portable small appliances, MVACs, and

MVAC-like equipment frequently does enter the waste stream with the

charge intact.

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\2\Regulations concerning MVAC appliances were promulgated under

section 609 and published in the Federal Register on July 14, 1992

(57 FR 31241).

\3\MVAC-like equipment is defined in Sec. 82.152(1) as the

mechanical vapor compression, open-drive compressor appliances used

to cool the driver's or passenger's compartment of a non-road motor

vehicle. This includes the air-conditioning equipment on

agricultural or construction vehicles. This definition is not

intended to cover appliances using HCFC-22 refrigerant.

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In regulations promulgated under section 608, EPA discussed the

differences between the disposal sector and the servicing sector. (See

58 FR 28705.) EPA noted that unlike the servicing sector, the disposal

sector does not reintroduce refrigerant to equipment, after removal.

Refrigerant is merely being removed, usually after the appliances have

been removed from operation. This removal may occur at any stage either

before it enters the waste stream or once in the waste stream.

Since the types of recover-only processes used with small

appliances, MVACs, and MVAC-like equipment tend to be relatively

straight-forward and a simpler task than recycling or the recovery of

refrigerant from larger types of appliances, EPA did not require the

certification of technicians disposing of small appliances. Since the

circumstances for disposing of small appliances is quite similar to the

circumstances for disposing of MVACs and MVAC-like equipment, EPA

believes it is appropriate to revise the definition of ``technician''

to exclude any person disposing of MVAC and MVAC-like equipment. The

revised definition will consequently read as follows: ``Technician

means any person who performs maintenance, service, or repair that

could reasonably be expected to release class I or class II substances

from appliances into the atmosphere, including but not limited to

installers, contractor employees, in-house service personnel, and in

some cases, owners. Technician also means any person disposing of

appliances except for small appliances, MVACs, and MVAC-like

equipment.''

2. Adoption of Standard Based on ARI 700-1993 in Definition of

``Reclaim''

Section 82.152(q) defines ``reclaim'' to mean ``to reprocess

refrigerant to at least the standard of purity specified in the ARI

Standard 700-1988, Specifications for Fluorocarbon Refrigerants.'' A

standard based closely on ARI 700-1988 is included in the rule as

Appendix A. During the comment period on the proposed Sec. 608

refrigerant recycling rule, the Air-Conditioning and Refrigeration

Institute had requested that EPA adopt a standard based on ARI 700-

1993, which is an updated version of ARI 700-1988. ARI described the

differences between ARI 700-1988 and ARI 700-1993 during the public

hearing and submitted a draft version of the updated standard, which

was included in the public docket for the rule.

The updated standard included changes in three areas:

1. ARI 700-1993 included purity standards for eleven additional

refrigerants: R-23, R-32, R-123, R-124, R-125, R-134a, R-143a, R-

401(A), R-401(B), R-402(A), and R-402(B).

2. Liquid phase contaminant water levels were increased from 10ppm

in ARI 700-1988 to 20ppm in ARI 700-1993 for R-11 and R-113 only.

3. Where ARI 700-1988 allowed 0.5 as the maximum percentage by

weight of ``other refrigerants,'' ARI 700-1993 allows 0.50 as the

maximum percentage by weight of ``all other organic impurities,

including other refrigerants.'' The inclusion of organic impurities

other than refrigerants in the limit effectively tightens the standard,

and at the same time, the change from 0.5 to 0.50 reduces the tolerance

of the standard by a factor of ten. (Thus, while a sample containing

0.54 percent other refrigerants would have met the old standard, only a

sample containing 0.504 percent (or less) other organic impurities

would meet the new standard.)

Although all the comments received by EPA regarding adoption of the

updated standard were favorable, the standard was not included in the

final rule because it was not finalized by the time the final rule was

published. (See 58 FR 28679 for a discussion of this issue in the final

rule.) An appendix to the standard specifying procedures for analyzing

refrigerant was undergoing a lengthy process of peer review, which is

now complete. Because the final standard is substantially identical to

the draft that was included in the docket for comment, and because EPA

agrees with commenters that the changes to the standard are appropriate

and necessary, EPA is changing the definition of ``reclaim'' to refer

to ARI 700-1993, and is replacing the standard based on ARI 700-1988

with a standard based on ARI 700-1993 as appendix A. EPA is also

replacing references to ARI 700-1988 with references to ARI 700-1993 in

its reclaimer certification program.

Because section 608 of the Act does not give EPA the authority to

regulate refrigerants that do not contain class I or class II

substances until November, 1995, EPA is not adopting the purity

standards of ARI 700-1993 that apply to refrigerants that do not

contain CFCs or HCFCs. Thus, EPA is not adopting purity requirements

for HFC-23, HFC-32, HFC-125, HFC-134a, or HFC-143a at this time. (ARI

and other standard-setting organizations remain free, of course, to

adopt and observe purity requirements for these refrigerants.) However,

the purity requirements for CFC and HCFC refrigerants (including blends

that contain either CFCs or HCFCs along with non-ozone-depleting

components) in appendix A are identical to the purity requirements for

CFC and HCFC refrigerants in ARI 700-1993.

EPA would like to clarify that since it is not possible to return a

refrigerant to a standard of purity if no standard of purity is

specified for that refrigerant, refrigerants that are not covered by

appendix A need not be reclaimed under this regulation.

B. Prohibitions

1. Sale of Used Appliances Without Service Apertures

Section 82.154(j) and Sec. 82.154(k) are prohibitions against the

sale and distribution, or offer for sale and distribution of any

appliance, unless such equipment is equipped with either a service

aperture or, for small appliances, with a process stub, to facilitate

the removal of refrigerant. EPA would like to clarify that for the

purposes of these prohibitions, EPA will interpret sale, distribution,

or offer of sale or distribution as not referring to the sale of used

products. Sale of used products means a sale or distribution by a

person after a period of use other than demonstration use. The Agency

recognizes that there is a market for the sale of used air conditioners

and refrigerators. Restricting the resale of such used durable goods

before the end of their productive lifetimes would provide little, if

any, environmental benefit. Indeed, the introduction of a service

aperture may lead to unintentional releases by weakening the

refrigeration circuit. Because requiring these goods to be retrofitted

prior to resale would impose significant economic hardship on a great

many consumers without providing significant environmental benefits,

EPA does not believe it is necessary to ban their resale. Consequently,

while EPA's interpretation of sale and distribution or offer for sale

and distribution is such that the entire chain of sale and distribution

from the manufacturer of a new product to its ultimate consumer is

included, the Agency recognizes that in the case of durable consumer

goods, resale of the product to additional consumers may occur after

the original sale or distribution of the new product to the ultimate

consumer after some period of use by the original ultimate consumer. In

such cases, EPA will not prohibit the sale of these used products.

2. Exceptions to Prohibition on Sale of Unreclaimed Refrigerant

Prohibitions Secs. 82.154(g) and 82.154(h) currently prohibit the

sale of used refrigerant that has not been reclaimed by a certified

reclaimer. EPA intended to exclude two classes of used refrigerant from

this prohibition: refrigerant that was and is to be used only in an

MVAC or MVAC-like appliance, and refrigerant that is contained in an

appliance that is sold or offered for sale together with the

refrigerant. The section 609 refrigerant recycling rule, which covers

MVACs, explicitly recognizes and permits the transfer of refrigerant

between MVACs owned by different persons if that refrigerant is: (1)

Recovered from an MVAC and returned to an MVAC by a single service

entity; and (2) recycled to meet the SAE J1991 standard.\4\ (This

provision of the section 609 rule, which is contained in the definition

of ``properly using'' recycling and recovery equipment, also covers

MVAC-like appliances pursuant to Sec. 82.156(a)(5).) Because this

standard is not as stringent as the standard that reclaimed refrigerant

must meet in the section 608 refrigerant recycling rule, refrigerant

that only meets this standard cannot be considered reclaimed. Thus,

such refrigerant cannot be sold under the section 608 rule. However,

EPA did not intend to reverse the position that it took in the section

609 rule regarding the transfer of refrigerant between MVACs owned by

different people. For instance, one of the primary arguments made in

support of the reclamation requirement in the section 608 rule, that no

less stringent recycling standard currently exists (58 FR 28679),

clearly does not apply to MVACs and MVAC-like appliances, which are

governed by the less stringent SAE J1991 standard. EPA is therefore

amending the prohibitions to exclude the sale of refrigerant

transferred between MVACs or MVAC-like appliances.

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\4\The preamble to the section 609 rule states, ``service

establishments owned by a single owner may recover refrigerant and

send the refrigerant to a central location for recycling to the SAE

J1991 standard for CFC-12'' (57 FR 31246).

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Another primary argument made in support of the reclamation

requirement, that transfer of refrigerant between different owners can

contaminate appliances, clearly does not apply to refrigerant that

changes ownership solely because it is contained in an appliance that

changes ownership. If refrigerant remains within a single appliance, it

obviously cannot introduce contaminants into another appliance. Thus,

EPA is also amending the prohibition to exclude the sale of refrigerant

that is contained in an appliance that is sold or offered for sale

together with the refrigerant.

C. Required Practices

1. Exception for Leaky Appliances to Evacuation Requirements at

Disposal

Section 82.156(a)(2)(ii) establishes an exception to the evacuation

requirements for appliances undergoing maintenance, service, or repair.

The paragraph reads:

If, due to leaks in the appliance, evacuation to the levels in

Table 1 is not attainable, or would substantially contaminate the

refrigerant being recovered, persons opening the appliance must:

(A) Isolate leaking from non-leaking components wherever possible;

(B) Evacuate non-leaking components to be opened to the levels

specified in Table 1; and

(C) Evacuate leaking components to be opened to the lowest level

that can be attained without substantially contaminating the

refrigerant. In no case shall this level exceed 0 psig.

Through an accidental omission, the requirements in

Sec. 82.156(a)(3) for evacuating appliances at disposal contain no

exception for leaky appliances, although the rationale for such an

exception at disposal is identical to the rationale for the exception

at maintenance, service, or repair. That is, leaks in the appliance may

permit air to enter the appliance as the internal pressure of the

appliance is lowered, contaminating the refrigerant being recovered and

making it impossible to attain the required vacuum. EPA is therefore

adding an exception for leaky appliances to the evacuation requirements

at disposal. This exception is identical to that at maintenance,

service, and repair.

2. Use of Nitrogen to Pressurize -113 Appliances for Non-Major Repairs

Section 82.156(a)(2)(B) prohibits the use of nitrogen to pressurize

low-pressure appliances for non-major repairs. In including this

prohibition in the rule, EPA intended to encourage the use of

pressurization methods that do not require subsequent purging, such as

heating of the evaporator and/or condenser. However, while heat can be

safely used to pressurize appliances utilizing CFC-11 and HCFC-123 to

atmospheric pressure, heat alone is not a practical or safe method for

pressurizing appliances utilizing CFC-113 because the temperatures

required to raise the pressure of CFC-113 to atmospheric pressure are

quite high (117.6 deg.F for CFC-113 vs. 74.7 deg.F for CFC-11). Thus,

for refrigerants with boiling points above 85 deg.F, EPA is now

requiring that heat be used to raise the internal pressure of the

appliance as much as possible, but is permitting nitrogen to be

introduced to meet the remaining pressure requirements.

Contrary to popular perception, EPA has never prohibited the use of

nitrogen to pressurize systems for purposes of a leak check (because

leak checking does not involve ``opening'' of the appliance), although

the Agency encourages the use of heat, rather than nitrogen, to

pressurize systems whenever possible. Thus, it has been and remains

acceptable to introduce nitrogen into an appliance utilizing CFC-113

for purposes of a leak check. EPA recommends that heat be the primary

method used to raise the internal pressure of appliances containing

CFC-113 as much as possible for checking leaks, and that nitrogen be

introduced to meet the remaining pressure requirements.

3. Requirements for Recovery Using New Recovery Technologies

In Sec. 82.158(b)(2), EPA provided for the certification of

recycling and recovery equipment whose recovery efficiency cannot be

tested according to the procedures in ARI 740-1993, which measure

levels of evacuation. The rule states that this new equipment may be

certified if an approved third-party testing organization adopts and

performs a test that demonstrates, to the satisfaction of the

Administrator, that the recovery efficiency of the new equipment is

equal to or better than that of equipment that: (i) Is intended for use

with the same type of appliance; and (ii) achieves the level of

evacuation in Table 2 of the rule. As discussed in the preamble to the

final rule (58 FR 28689), EPA's goal in including this provision was to

avoid unnecessary delay in the certification, marketing, and use of new

recovery technologies that do not operate by drawing vacuums.

However, EPA inadvertently neglected to include a provision in the

required practices section (82.156) that would permit the use of

recovery technologies that do not operate by drawing vacuums. EPA is

therefore adding a provision, Sec. 82.156(a)(2)(iii), that permits the

use of equipment certified pursuant to Sec. 82.158(b)(2), as long as

users of this equipment follow the manufacturer's directions for

achieving the required recovery efficiencies. EPA will make the

development of and compliance with such directions part of the process

for certifying new recovery technologies under Sec. 82.158(b)(2).

4. Availability of Certified Recycling and Recovery Equipment to

Persons Disposing of MVACs and MVAC-Like Appliances

Section 82.156(b) currently requires that: All persons opening

appliances except for small appliances and MVACs for maintenance,

service, or repair and all persons disposing of appliances except for

small appliances must have at least one piece of certified, self-

contained recovery equipment available at their place of business.

EPA inadvertently omitted three items from this paragraph. First,

certified, self-contained recycling equipment should have been listed

along with certified, self-contained recovery equipment as equipment

that would meet this requirement. In all other sections of the rule,

recycling and recovery equipment are treated identically, and EPA did

not intend to treat them differently here. Therefore, EPA is inserting

``or recycling'' between ``recovery'' and ``equipment'' in

Sec. 82.156(b).

Second, persons disposing of MVACs and MVAC-like appliances should

have been excluded along with persons disposing of small appliances

from the requirement to have one piece of certified, self-contained

recovery or recycling equipment available at their place of business.

EPA clearly intended to exclude these persons from this requirement

because it excludes recovery and recycling equipment used to dispose

MVACs and MVAC-like equipment from third-party certification

requirements. (See the final rule preamble at 58 FR 28705,

Secs. 82.158(a) and 82.158(l).) Therefore, EPA is inserting ``MVACs, or

MVAC-like appliances'' after ``all persons disposing of appliances

except for small appliances,'' excluding all three groups from the

requirement to have certified recovery or recycling equipment available

at their place of business.

Third, EPA intended to exempt persons who own appliances containing

pump-out units and who maintain, service, repair, or dispose of only

these appliances from the above requirement. The requirement was

intended to ensure that persons who used small, portable system-

dependent recovery equipment to service appliances also had self-

contained equipment available in the event the appliance compressor was

not operational. In general, such small, self-contained recovery

equipment is not prohibitively expensive, particularly if it is to be

used for a large number of jobs. However, the requirement may also

affect owners of chillers, which are frequently equipped with built-in

pump-out units that are used for the recovery of large quantities of

refrigerant. Because system compressors may be used to move the

refrigerant into the pump-out unit in some cases, these units may be

considered ``system-dependent'' in those cases.\5\ While small self-

contained recovery devices are relatively inexpensive, larger self-

contained recovery devices may be prohibitively costly for persons who

own and service a limited number of chillers. Moreover, instead of

purchasing large recovery devices, owners of chillers may contract out

the recovery procedure if the built-in unit is not capable of meeting

the applicable evacuation requirements. EPA did not intend to require

such owners to purchase expensive equipment when this less costly

remedy exists. Thus, EPA is adding a sentence to make this exemption

explicit. However, persons exempted from Sec. 82.156(b) are still

required to meet the other applicable requirements of Sec. 82.156

(e.g., evacuation requirements).

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\5\EPA understands that in general, pump-out units on chillers

are equipped with their own pumps or compressors, which are not used

during the operation of the appliance. Pump-out units equipped with

their own compressors would not be considered system-dependent

recovery equipment. On the other hand, system receivers, which are

not equipped with their own compressors, would not be considered

recovery equipment at all because they are an integral part of the

appliance.

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5. Exemption for Pump-out Units From 15-pound Limit for System-

Dependent Equipment

Section 82.156(c) prohibits the use of system-dependent equipment

with appliances normally containing more than 15 pounds of refrigerant.

This prohibition was intended to cover small, portable system-dependent

equipment, which is not designed for the recovery of large quantities

of refrigerant. As noted above, however, some large chillers are

equipped with built-in pump-out units that could also be considered

``system-dependent equipment,'' but that are designed to be used for

the recovery of large quantities of refrigerant. EPA did not intend to

prohibit the use of such pump-out units for recovery. Thus, EPA is

revising Sec. 82.156(c) to read ``System-dependent equipment shall not

be used with appliances normally containing more than 15 pounds of

refrigerant, unless the system-dependent equipment is permanently

attached to the appliance as a pump-out unit.''

6. Applicability Solely to Equipment Containing More Than 50 Pounds of

Refrigerant of Leak Repair and Associated Recordkeeping Requirements

Section 82.156(i), the leak repair requirement, contains two

subparagraphs that apply to owners of different types of equipment. The

first subparagraph, Sec. 82.156(i)(1), applies to ``owners of

commercial refrigeration and industrial process refrigeration,''

specifying no lower size limit for covered equipment. The second

subparagraph, Sec. 82.156(i)(2), applies to ``owners of appliances

normally containing more than 50 pounds of refrigerant and not covered

by paragraph (i)(1).'' EPA has received numerous inquiries regarding

whether or not it intended to include a lower size limit in the first

subparagraph.

Although EPA did not explicitly restrict the scope of its leak

repair requirement for commercial and industrial process refrigeration

to equipment containing more than 50 pounds of refrigerant, EPA

intended this requirement to cover only equipment containing at least

50 pounds. The definition of commercial refrigeration includes a note

that ``[a]ll of the equipment contains large refrigerant charges,

typically over 75 pounds,'' and the discussion of industrial process

refrigeration that appears in the preamble to the rule includes a note

that ``charge sizes can be very large, ranging from 750-3000 lbs for

ice rinks, and rising as high as 20,000 lbs for built-up centrifugal

units.'' (No other charge sizes are mentioned.) The preamble also

notes:

The 50-pound cut-off is intended to exempt smaller equipment where

the cost of repairing the leak is an order of magnitude higher than the

environmental benefit of repairing the leak (RIA). The 50-pound cut-off

is also consistent with guidance found in the ASHRAE Guideline 3-1990

(58 FR 28680).

This rationale applies to commercial and industrial process

refrigeration as well as to other large appliances.

In order to clarify that only commercial and industrial process

refrigeration equipment containing more than 50 pounds is covered by

the leak repair requirements, EPA is now specifying this limit in

Sec. 82.156(i)(1).

D. Equipment Certification

1. Measurement of Recovery Rates

Section 82.158(b)(6) requires manufacturers of recycling and

recovery equipment to have an approved equipment testing organization

measure the liquid and vapor recovery rates of equipment as part of the

equipment certification process. EPA required measurement and

publication of these recovery rates in order to ensure that technicians

would not inadvertently purchase equipment whose recovery rates were

too low for the intended application; the Agency was concerned that a

technician purchasing underpowered equipment would be tempted to

interrupt the resulting lengthy recovery process before it was

complete.

However, some types of equipment do not have inherent liquid and

vapor recovery rates. For instance, the recovery rate of system-

dependent equipment depends upon the compressor of the individual

appliance from which it is recovering refrigerant. EPA intended to

exempt this equipment from the requirement to have its liquid and vapor

recovery rate measured. First, system-dependent equipment certified

pursuant to Sec. 82.158(b) typically has a higher recovery rate than

self-contained equipment, because appliance compressors are usually

larger and therefore faster than recovery equipment compressors.

Second, the use of system- dependent equipment is limited to appliances

normally containing less than 15 pounds of refrigerant. Thus, low

recovery rates are not a concern for such equipment. EPA is therefore

amending Section 82.158(b)(6) of the rule to clarify that equipment

with no inherent liquid or vapor recovery rates need not have these

rates measured.

E. Technician Certification\6\

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\6\Additional revisions to Sec. 82.161 have been proposed by

EPA. (See Federal Register published 8-15-94) These proposed changes

will more clearly delineate who is required to be certified.

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Section 82.161(a) requires that technicians be certified. EPA

exempted from this requirement technicians that are disposing of small

appliances, room air conditioners, and MVACs because these technicians

are only recovering the refrigerant prior to the disposal of this

equipment. As discussed earlier, persons disposing of this equipment

were exempt from the requirement because the nature of this work is

straight-forward. As outlined above, EPA is extending this exemption to

MVAC-like appliances. Throughout the rule, EPA states that since MVAC

appliances and MVAC-like appliances are similar in nature and design,

it is appropriate for these technicians to be treated in a similar

fashion. In Sec. 82.161(a)(5), EPA provides a method for those

servicing MVAC-like appliances to be certified by attending a program

designed and approved under section 609 for training and certifying

MVAC technicians. Therefore, to maintain consistency as discussed in

Section A of this rulemaking, EPA will extend the exemption from the

certification requirement to technicians that are disposing of MVAC-

like appliances. In addition, since ``room air conditioners'' are

considered a type of small appliance, and small appliances are already

excepted from the certification requirement, EPA will delete ``room air

conditioners'' from the list of exceptions.

F. Reporting and Recordkeeping Requirements

1. Sales Restriction--Effective Date for Recordkeeping

Section 82.166(a) establishes a recordkeeping requirement for all

persons who sell or distribute any class I or class II substance for

use as a refrigerant. Since no effective date was specified for this

particular requirement, this provision became effective June 14, 1993,

the effective date of the Refrigerant Recycling Regulations. However,

the restriction on selling or distributing of ozone-depleting

refrigerants is not effective until November 14, 1994, pursuant to

Sec. 82.154(n). EPA does not believe it is necessary to maintain

records regarding the sale and distribution of refrigerant in advance

of the effective date of the actual sales or distribution restriction.

Furthermore, such a requirement places an unnecessary burden on

industry. Without the existence of a sales restriction, the usefulness

of such records is dubious. Therefore, through this action EPA will

change the effective date for maintaining records regarding sales and

distribution of refrigerants from June 14, 1993 to November 14, 1994.

2. Proof of Employment of Certified Personnel

Section 82.166(b) allows the purchasers of any class I or class II

refrigerants who employ certified technicians to provide evidence of

each technician's certification to the wholesaler who sells them

refrigerant. The wholesaler will keep this information on file. The

purchaser is further required to notify the wholesaler regarding any

changes in a technician's certification or employment status. Concerns

have recently been brought to EPA's attention about the practicability

of implementing this provision. Large organizations often employ large

numbers of certified technicians that may be situated at various

locations around the country. Tracking and notifying wholesalers of

employee status may result in an overwhelming responsibility. EPA did

not intend this requirement to place any undue burden on the employers

of large numbers of technicians. In fact, EPA believed that allowing

employers to purchase refrigerant for their technicians, instead of

requiring the technician to be physically present at the point of sale,

would actually decrease the burden for the technician, the wholesaler,

and the technician's employer.

Therefore, EPA is modifying this requirement to read: Purchasers of

any class I or class II refrigerants who employ certified technicians

may provide evidence that at least one technician is properly certified

to the wholesaler who sells them refrigerant; the wholesaler will then

keep this information on file and may sell refrigerant to the purchaser

or his authorized representative even if such purchaser or authorized

representative is not a properly certified technician. In such cases,

the purchaser must notify the wholesaler in the event that the

purchaser no longer employs at least one properly certified technician.

The wholesaler is then prohibited from selling class I or class II

refrigerants to the purchaser until such time as the purchaser employs

at least one properly certified technician. At that time, the purchaser

must provide new evidence that at least one technician is properly

certified.

EPA believes that this requirement will still have the intended

effect of lessening the likelihood that refrigerant is sold for use by

non-certified personnel, while providing a more reasonable means for

purchasers to comply with the sales restriction.

G. Appendix A

EPA adopted an industry standard in the final rule based on the

Air-conditioning and Refrigeration Institute (ARI) Standard 700-1988.

This standard appeared as Appendix A to Subpart F--Specification for

Fluorocarbon Refrigerants. EPA was aware of efforts to revise ARI 700-

1988 while the final regulations were being drafted. However, the

revised version was not completed in time for incorporation into this

appendix by EPA. As discussed above, the updated version, known as ARI

700-1993, includes changes in three areas: it adds purity standards for

eleven additional refrigerants; it increases liquid phase contaminant

water levels from 10ppm in ARI 700-1988 to 20ppm in ARI 700-1993 for R-

11 and R-113 only; and, where ARI 700-1988 allowed 0.5 as the maximum

percentage by weight of ``other refrigerants,'' ARI 700-1993 allows

0.50 as the maximum percentage by weight of ``all other organic

impurities, including other refrigerants.'' The inclusion of all

organic impurities in the limit effectively tightens the standard, and

the change from 0.5 to 0.50 reduces the tolerance of the standard by a

factor of ten. EPA has reviewed ARI 700-1993 and believes it should be

substituted because it covers additional refrigerants, it increases

liquid phase contaminant water levels, and broadens the maximum

percentage of weight requirement to include all other organic

impurities instead of just other refrigerants. Through this action EPA

will substitute the standard based on ARI Standard 700-1988 with a

standard based on ARI Standard 700-1993.

H. Appendix B

Appendix B to Subpart F--Performance of Refrigerant Recovery,

Recycling and/or Reclaim Equipment was mistakenly referred to in the

introduction of appendix B as ARI Standard 740-1991. However, this is

incorrect. Appendix B is based upon ARI Standard 740-1993. Through this

action EPA will correct the reference in the introduction to appendix

B.

I. Appendix D

Appendix D to subpart F--Standards for Becoming a Certifying

Program for Technicians includes reporting requirements for approved

programs. Certifying programs are required to submit to EPA activity

reports every six months, the first to be submitted six months

following the date the program was approved. Since EPA has been

approving programs on a continual basis, these reports are due at

various times, instead of being submitted simultaneously. In order to

maximize EPA's ability to review and respond to the information

supplied by the programs, EPA is standardizing the reporting dates.

Certifying programs will submit reports to EPA on January 30 and June

30, beginning with the first full six-month period for which the

program has been approved. This means that if a program is approved on

March 31, that program is required to submit its first activity report

to EPA on the following January 30.

J. Removal of Parenthetical Statements

EPA is deleting the parenthetical notes in the individual sections

of 40 CFR part 82, subpart F. The Agency consolidated its display of

OMB control numbers in 40 CFR part 9 (see 58 FR 18014, 58 FR 24724, 58

FR 34198 and 58 FR 34369) including the control number for 40 CFR part

82, subpart F; this consolidated display makes the parenthetical

statements in the individual sections of Subpart F duplicative. The

information collection request (ICR) was previously subject to public

notice and comment prior to OMB approval.

III. Effective Dates

This final action will become effective on October 18, 1994 unless

EPA is notified by September 19, 1994 that any person wishes to submit

adverse comment. Should EPA receive such notice, EPA will publish one

subsequent action in the Federal Register to withdraw this final action

and another action proposing this action and requesting comments. In

such a case, following a public comment period, the Agency will draft

the final regulation to be published in the Federal Register.

IV. Summary of Supporting Analysis

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether this regulatory action is ``significant''

and therefore subject to OMB review and the requirements of the

Executive Order. The Order defines ``significant'' regulatory action as

one that is likely to lead to a rule that may:

(1) Have an annual effect on the economy of $100 million or more,

or adversely and materially affect a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlement, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

It has been determined by OMB and EPA that this amendment to the

final rule is not a ``significant regulatory action'' under the terms

of Executive Order 12866 and is therefore not subject to OMB review

under the Executive Order.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that

Federal agencies examine the impacts of their regulations on small

entities. Under 5 U.S.C. 604(a), whenever an agency is required to

publish a general notice of proposed rulemaking, it must prepare and

make available for public comment an initial regulatory flexibility

analysis (RFA). Such an analysis is not required if the head of an

agency certifies that a rule will not have a significant economic

impact on a substantial number of small entities, pursuant to 5 U.S.C.

605(b).

EPA believes that any impact that this amendment will have on the

regulated community will serve only to provide relief from otherwise

applicable regulations, and will therefore limit the negative economic

impact associated with the regulations previously promulgated under

Section 608. An examination of the impacts on small entities was

discussed in the final rule (58 FR 28660). That final rule assessed the

impact the rule may have on small entities. A separate regulatory

impact analysis accompanied the final rule and is contained in Docket

A-92-01. I certify that this amendment to the refrigerant recycling

rule will not have any additional negative economic impacts on any

small entities.

C. Paperwork Reduction Act

Any information collection requirements in a rule must be submitted

for approval to the Office of Management and Budget (OMB) under the

Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Because no additional

informational collection requirements are required by this amendment,

EPA has determined that the Paperwork Reduction Act does not apply to

this rulemaking and no new Information Collection Request document has

been prepared.

V. Judicial Review

Because these regulations are nationally applicable under section

307(b)(1) of the Act, judicial review of this action is available only

by the filing of a petition for review in the United States Court of

Appeals for the District of Columbia Circuit within sixty days of

publication of this action in the Federal Register.

List of Subjects in 40 CFR Part 82

Administrative practice and procedure, Air pollution control,

Chemicals, Chlorofluorocarbons, Exports, Hydrochlorofluorocarbons,

Imports, Interstate commerce, Nonessential products, Reporting and

recordkeeping requirements, Stratospheric ozone layer.

Dated: August 5, 1994.

Carol M. Browner,

Administrator.

Part 82, Chapter I, title 40 of the code of Federal Regulations is

amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

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

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

2. Section 82.152 is amended by revising paragraphs (q) and (x) to

read as follows:

Sec. 82.152 Definitions.

* * * * *

(q) Reclaim refrigerant means to reprocess refrigerant to at least

the purity specified in appendix A to 40 CFR part 82, subpart F (based

on ARI Standard 700-1993, Specifications for Fluorocarbon and Other

Refrigerants) and to verify this purity using the analytical

methodology prescribed in appendix A. In general, reclamation involves

the use of processes or procedures available only at a reprocessing or

manufacturing facility.

* * * * *

(x) Technician means any person who performs maintenance, service,

or repair that could reasonably be expected to release class I or class

II substances from appliances into the atmosphere, including, but not

limited to, installers, contractor employees, in-house service

personnel, and in some cases, owners. Technician also means any person

disposing of appliances except for small appliances, MVACs, and MVAC-

like equipment.

* * * * *

3. Section 82.154 is amended by revising paragraphs (g) and (h) to

read as follows:

Sec. 82.154 Prohibitions.

* * * * *

(g) Effective October 18, 1994 until May 15, 1995, no person may

sell or offer for sale for use as a refrigerant any class I or class II

substance consisting wholly or in part of used refrigerant unless:

(1) The class I or class II substance has been reclaimed as defined

at Sec. 82.152(g);

(2) The class I or class II substance was used only in an MVAC or

MVAC-like appliance and is to be used only in an MVAC or MVAC-like

appliance; or

(3) The class I or class II substance is contained in an appliance

that is sold or offered for sale together with the class I or class II

substance.

(h) Effective October 18, 1994 until May 15, 1995, no person may

sell or offer for sale for use as a refrigerant any class I or class II

substance consisting wholly or in part of used refrigerant unless:

(1) The class I or class II substance has been reclaimed by a

person who has been certified as a reclaimer pursuant to Sec. 82.164;

(2) The class I or class II substance was used only in an MVAC or

MVAC-like appliance and is to be used only in an MVAC or MVAC-like

appliance; or

(3) The class I or class II substance is contained in an appliance

that is sold or offered for sale together with the class I or class II

substance.

* * * * *

4. Section 82.156 is amended by revising paragraphs (a)(1)(ii),

(a)(2)(i)(B), (a)(3), (b), (c), and (i)(1), and by adding paragraphs

(a)(1)(iii) and (a)(2)(iii) to read as follows:

Sec. 82.156 Required practices.

* * * * *

(a) * * *

(1) * * *

(ii) Due to leaks in the appliance, evacuation to the levels in

Table 1 is not attainable, or would substantially contaminate the

refrigerant being recovered; or

(iii) The recycling or recovery equipment was certified pursuant to

Sec. 82.158(b)(2). In any of these cases, the requirements of

Sec. 82.156(a)(2) must be followed.

(2) * * *

(i) * * *

(B) Be pressurized to 0 psig before it is opened if it is a low-

pressure appliance. Persons pressurizing low-pressure appliances that

use refrigerants with boiling points at or below 85 deg. F at 29.9

inches of mercury (standard atmospheric pressure), (e.g., CFC-11 and

HCFC-123,) must not use methods, such as nitrogen, that require

subsequent purging. Persons pressurizing low-pressure appliances that

use refrigerants with boiling points above 85 deg. F at 29.9 inches of

mercury, e.g., CFC-113, must use heat to raise the internal pressure of

the appliance as much as possible, but may use nitrogen to raise the

internal pressure of the appliance from the level attainable through

use of heat to atmospheric pressure.

* * * * *

(iii) If the recycling or recovery equipment was certified pursuant

to Sec. 82.158(b)(2), technicians must follow the manufacturer's

directions for achieving the required recovery efficiency.

* * * * *

(3) Persons disposing of appliances except for small appliances,

MVACs, and MVAC-like appliances, must evacuate to the levels in Table 1

unless, due to leaks in the appliance, evacuation to the levels in

Table 1 is not attainable, or would substantially contaminate the

refrigerant being recovered. If, due to leaks in the appliance,

evacuation to the levels in Table 1 is not attainable, or would

substantially contaminate the refrigerant being recovered, persons

disposing of the appliance must:

(i) Isolate leaking from non-leaking components wherever possible;

(ii) Evacuate non-leaking components to the levels specified in

Table 1; and

(iii) Evacuate leaking components to the lowest level that can be

attained without substantially contaminating the refrigerant. In no

case shall this level exceed 0 psig.

* * * * *

(b) Effective October 18, 1994, all persons opening appliances

except for small appliances and MVACs for maintenance, service, or

repair and all persons disposing of appliances except small appliances,

MVACs, and MVAC-like appliances must have at least one piece of

certified, self-contained recovery or recycling equipment available at

their place of business. Persons who maintain, service, repair, or

dispose of only appliances that they own and that contain pump-out

units are exempt from this requirement. This exemption does not relieve

such persons from other applicable requirements of Sec. 82.156.

(c) System-dependent equipment shall not be used with appliances

normally containing more than 15 pounds of refrigerant, unless the

system-dependent equipment is permanently attached to the appliance as

a pump-out unit.

* * * * *

(i) * * * (1) Owners of commercial refrigeration and industrial

process refrigeration equipment normally containing more than 50 pounds

of refrigerant must have all leaks repaired if the equipment is leaking

at a rate such that the loss of refrigerant will exceed 35 percent of

the total charge during a 12-month period, except as described in

paragraph (i)(3) of this section.

* * * * *

5. Section 82.158 is amended by revising paragraphs (b)(2) and

(b)(6) to read as follows:

Sec. 82.158 Standards for recycling and recovery equipment.

* * * * *

(b) * * *

(2) Recovery or recycling equipment whose recovery efficiency

cannot be tested according to the procedures in ARI 740-1993 may be

certified if an approved third-party testing organization adopts and

performs a test that demonstrates, to the satisfaction of the

Administrator, that the recovery efficiency of that equipment is equal

to or better than that of equipment that:

(i) Is intended for use with the same type of appliance; and

(ii) Achieves the level of evacuation in Table 2. The

manufacturer's instructions must specify how to achieve the required

recovery efficiency, and the equipment must be tested when used

according to these instructions.

* * * * *

(6) The equipment must have its liquid recovery rate and its vapor

recovery rate measured under the conditions of ARI 740-1993, unless the

equipment has no inherent liquid or vapor recovery rate.

* * * * *

6. Section 82.161 is amended by revising paragraph (a) introductory

text to read as follows:

Sec. 82.161 Technician certification.

(a) Effective November 14, 1994, persons who maintain, service, or

repair appliances, except MVACs, and persons who dispose of appliances,

except for small appliances, room air conditioners, MVACs and MVAC-like

appliances, must be certified by an approved technician certification

program as follows:

* * * * *

7. Section 82.164 is amended by revising the introductory text and

paragraphs (a), (b), (c), and (d) and by redesignating paragraphs (e)

and (f) as (f) and (g) and by adding a new paragraph (e) to read as

follows:

Sec. 82.164 Reclaimer certification.

Effective October 18, 1994, persons reclaiming used refrigerant for

sale to a new owner must certify to the Administrator that such person

will:

(a) Return refrigerant to at least the standard of purity set forth

in appendix A (based on ARI Standard 700-1993, Specifications for

Fluorocarbon and Other Refrigerants);

(b) Verify this purity using the methods set forth in appendix A;

(c) Release no more than 1.5 percent of the refrigerant during the

reclamation process; and

(d) Dispose of wastes from the reclamation process in accordance

with all applicable laws and regulations.

(e) The data elements for certification are as follows:

(1) The name and address of the reclaimer;

(2) A list of equipment used to reprocess and analyze the

refrigerant; and

(3) The owner or a responsible officer of the reclaimer must sign

the certification stating that the refrigerant will be returned to at

least the standard of purity set forth in appendix A, that the purity

of the refrigerant will be verified using the methods set forth in

appendix A, that no more than 1.5 percent of the refrigerant will be

released during the reclamation process, that wastes from the

reclamation process will be properly disposed of, and that the

information given is true and correct. The certification should be sent

to the following address: Section 608 Recycling Program Manager,

Reclaimer Certification, Stratospheric Protection Division (6205J),

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

* * * * *

8. Section 82.166 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 82.166 Reporting and recordkeeping requirements.

(a) Effective November 14, 1994, all persons who sell or distribute

any class I or class II substance for use as a refrigerant must retain

invoices that indicate the name of the purchaser, the date of sale, and

the quantity of refrigerant purchased.

(b) Purchasers of any class I or class II refrigerants who employ

certified technicians may provide evidence that at least one technician

is properly certified to the wholesaler who sells them refrigerant; the

wholesaler will then keep this information on file and may sell

refrigerant to the purchaser or his authorized representative even if

such purchaser or authorized representative is not a properly certified

technician. In such cases, the purchaser must notify the wholesaler in

the event that the purchaser no longer employs at least one properly

certified technician. The wholesaler is then prohibited from selling

class I or class II refrigerants to the purchaser until such time as

the purchaser employs at least one properly certified technician. At

that time, the purchaser must provide new evidence that at least one

technician is properly certified.

* * * * *

9. Appendix A to subpart F is revised to read as follows:

Appendix A to Subpart F--Specifications for Fluorocarbon Refrigerants

This appendix is based on Air-Conditioning and Refrigeration

Institute Standard 700-93:

Section 1. Purpose

1.1 Purpose. The purpose of this standard is to evaluate and

accept/reject refrigerants regardless of source (new, reclaimed and/

or repackaged) for use in new and existing refrigeration and air-

conditioning products.

1.1.1 This standard is intended for the guidance of the

industry including manufacturers, refrigerant reclaimers,

repackagers, distributors, installers, servicemen, contractors and

for consumers.

1.2 Review and Amendment. This standard is subject to review

and amendment as the technology advances. The dynamics of this

technology is advancing so rapidly that changes to this standard

must be frequent.

Section 2. Scope

2.1 Scope. This standard specifies acceptable levels of

contaminants (purity requirements) for various fluorocarbon

refrigerants regardless of source and lists acceptable test methods.

These refrigerants are R11; R12; R13; R22; R113; R114; R123; R124;

R500; R502 and R503 as referenced in the ANSI/ASHRAE Standard Number

Designation and Safety Classification of Refrigerants (American

Society of Heating, Refrigerating and Air Conditioning Engineers,

Inc., Standard 34 1992). Copies may be obtained from ASHRAE

Publications Sales, 1791 Tullie Circle, NE., Atlanta, GA 30329.

Copies may also be inspected at Public Docket No. A-92-01, Waterside

Mall (Ground Floor) Environmental Protection Agency, 401 M Street,

SW., Washington, DC in room M-1500. In addition the following blends

are listed: R22/152a/124 (53/13/34); R22/152a/124 (61/11/28); R125/

290/22 (60/2/38); R125/290/22 (38/2/60).

Section 3. Definitions

3.1 ``Shall'', ``Should'', ``Recommended'', or ``It Is

Recommended''. ``Shall'', ``should'', ``recommended'', or ``it is

recommended'' shall be interpreted as follows:

3.1.1 Shall. Where ``shall'' or ``shall not'' is used for a

provision specified, that provision is mandatory if compliance with

the standard is claimed.

3.1.2 Should, Recommended, or It is Recommended. ``Should '',

``recommended'', or ``it is recommended'' is used to indicate

provisions which are not mandatory but which are desirable as good

practice.

Section 4. Characterization of Refrigerants and Contaminants

4.1 Characterization. Characterization of refrigerants and

contaminants addressed are listed in the following general

classifications:

4.1.1 Characterization:

a. Gas Chromatography

b. Boiling point and boiling point range

4.1.2 Contaminants

a. Water

b. Chloride

c. Acidity

d. High boiling residue

e. Particulates/solids

f. Non-condensables

g. Impurities including other refrigerants

Section 5. Sampling, Summary of Test Methods and Maximum

Permissible Contaminant Levels

5.1 Referee Test. The referee test methods for the various

contaminants are summarized in the following paragraphs. Detailed

test procedures are included in Parts 1 through 9, 12 through 15,

and 19 through 23 of Appendix-93 to ARI Standard 700: Analytical

Procedures of ARI Standard 700-93, 1994, the Air-Conditioning and

Refrigeration Institute. These parts of Appendix-93 to ARI 700 are

incorporated by reference. This incorporation by reference was

approved by the Director of the Federal Register in accordance with

5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the

Air-Conditioning and Refrigeration Institute, 4301 North Fairfax

Drive, Arlington, Virginia 22203. Copies may also be inspected at

Public Docket No. A-92-01, Waterside Mall (Ground Floor)

Environmental Protection Agency, 401 M Street, SW., Washington, DC

in room M-1500 or at the Office of the Federal Register, 800 North

Capitol Street, NW., Suite 700, Washington, DC. If alternate test

methods are employed, the user must be able to demonstrate that they

produce results equivalent to the specified referee method.

5.2 Refrigerant Sampling.

5.2.1 Sampling Precautions. Special precautions should be taken

to assure that representative samples are obtained for analysis.

Sampling shall be done by trained laboratory personnel following

accepted sampling and safety procedures.

5.2.2 Gas Phase Sample. A gas phase sample shall be obtained

for determining the non-condensables. Since non-condensable gases,

if present, will concentrate in the vapor phase of the refrigerant,

care must be exercised to eliminate introduction of air during the

sample transfer. Purging is not an acceptable procedure for a gas

phase sample since it may introduce a foreign product. Since R11,

R113 and R123 have normal boiling points at or above room

temperature, non-condensable determination is not required for these

refrigerants.

5.2.2.1 Connection. The sample cylinder shall be connected to

an evacuated gas sampling bulb by means of a manifold. The manifold

should have a valve arrangement that facilitates evacuation of all

connecting tubing leading to the sampling bulb.

5.2.2.2 Equalizing Pressures. After the manifold has been

evacuated, close the valve to the pump and open the valve on the

system. Allow the pressure to equilibrate and close valves.

5.2.3 Liquid Phase Sample. A liquid phase sample is required

for all tests listed in this standard except the test for non-

condensables.

5.2.3.1 Preparation. Place an empty sample cylinder with the

valve open in an oven at 230 deg.F [110 deg.C] for one hour.

Remove it from the oven while hot, immediately connect to an

evacuation system and evacuate to less than 1 mm mercury (1000

microns). Close the valve and allow it to cool.

5.2.3.2 Manifolding. The valve and lines from the unit to be

sampled shall be clean and dry. The cylinder shall be connected to

an evacuated gas sampling cylinder by means of a manifold. The

manifold should have a valve arrangement that facilitates evacuation

of all connecting tubing leading to the sampling cylinder.

5.2.3.3 Liquid Sampling. After the manifold has been evacuated,

close the valve to the pump and open the valve on the system. Take

the sample as a liquid by chilling the sample cylinder slightly.

Accurate analysis requires that the sample container be filled to at

least 60% by volume, however under no circumstances should the

cylinder be filled to more than 80% by volume. This can be

accomplished by weighing the empty cylinder and then the cylinder

with refrigerant. When the desired amount of refrigerant has been

collected, close the valve(s) and disconnect the sample cylinder

immediately.

5.2.3.4 Record Weight. Check the sample cylinder for leaks and

record the gross weight.

5.3 Refrigerant Purity Characterization.

5.3.1 Primary Method. The primary method shall be gas

chromatography (GC) as described in Appendix-93 to ARI Standard 700.

The chromatogram of the sample shall be compared to known standards.

5.3.2 Alternative Method. Determination of the boiling point

and boiling point range is an acceptable alternative test method

which can be used to characterize refrigerants. The test method

shall be that described in the Federal Specification for

``Fluorocarbon Refrigerants,'' BB-F-1421 B, dated March 5, 1982,

section 4.4.3 which is incorporated by reference. This incorporation

by reference was approved by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be

obtained from the U.S. Government Printing Office, Superintendent of

Documents, Mail Stop: SSOP, Washington, DC 20402-9328. Copies may

also be inspected at Public Docket No. A-92-01, Waterside Mall

(Ground Floor) Environmental Protection Agency, 401 M Street, SW.,

Washington, DC in room M-1500 or at the Office of the Federal

Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

5.3.3 Required Values. The required values for boiling point

and boiling point range are given in table 1, Physical Properties of

Fluorocarbon Refrigerants and Maximum Contaminant Levels.

5.4 Water Content.

5.4.1 Method. The Coulometric Karl Fischer Titration shall be

the primary test method for determining the water content of

refrigerants. This method is described in Appendix-93 to ARI

Standard 700. This method can be used for refrigerants that are

either a liquid or a gas at room temperature, including refrigerants

11 and 113, and 123. For all refrigerants, the sample for water

analysis shall be taken from the liquid phase of the container to be

tested. Proper operation of the analytical method requires special

equipment and an experienced operator. The precision of the results

is excellent if proper sampling and handling procedures are

followed. Refrigerants containing a colored dye can be successfully

analyzed for water using this method.

5.4.2 Alternative Method. The Karl Fischer Test Method is an

acceptable alternative test method to the Coulometric Karl Fischer

Titration for determining the water content of refrigerants. This

method is described in ASTM E700-79, (Reapproved 1990), Standard

Test Method for Water in Gases Using Karl Fischer Reagent (American

Society for Testing and Materials, Philadelphia, PA), which is

incorporated by reference. This incorporation by reference was

approved by the Director of the Federal Register in accordance with

5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the

American Society for Testing and Materials, Philadelphia, PA. Copies

may also be inspected at Public Docket No. A-92-01, Waterside Mall

(Ground Floor) Environmental Protection Agency, 401 M Street, SW.,

Washington, DC in room M-1500 or at the Office of the Federal

Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

5.4.3 Limits. The value for water content shall be expressed as

parts per million by weight and shall not exceed the maximum

specified (see tables 1 and 1a).

5.5 Chloride. The refrigerant shall be tested for chloride as

an indication of the presence of hydrochloric acid and/or metal

chlorides. The recommended procedure is intended for use with new or

reclaimed refrigerants. Significant amounts of oil may interfere

with the results by indicating a failure in the absence of chloride.

5.5.1 Method. The test method shall be that described in

Appendix-93 to ARI Standard 700. The test will show noticeable

turbidity at chloride levels of about 3 ppm by weight or higher.

5.5.2 Turbidity. The results of the test shall not exhibit any

sign of turbidity. Report the results as ``pass'' or ``fail.''

5.6 Acidity.

5.6.1 Method. The acidity test uses the titration principle to

detect any compound that is highly soluble in water and ionizes as

an acid. The test method shall be that described in Appendix- 93 to

ARI Standard 700. This test may not be suitable for determination of

high molecular weight organic acids; however these acids will be

found in the high boiling residue test outlined in 5.7. The test

requires a 100 to 120 gram sample and has a detection limit of 0.1

ppm by weight calculated as HCl.

5.6.2 Limits. The maximum permissible acidity is 1 ppm by

weight as HCl.

5.7 High Boiling Residue.

5.7.1 Method. High boiling residue shall be determined by

measuring the residue of a standard volume of refrigerant after

evaporation. The refrigerant sample shall be evaporated at room

temperature or at a temperature 50 deg.F [28K], above the boiling

point of the sample using a Goetz bulb as specified in Appendix- 93

to ARI Standard 700. Oils and or organic acids will be captured by

this method.

5.7.2 Limits. The value for high boiling residue shall be

expressed as a percentage by volume and shall not exceed the maximum

percent specified (see tables 1 and 1a).

5.8 Particulates/Solids.

5.8.1 Method. A measured amount of sample is evaporated from a

Goetz bulb under controlled temperature conditions. The

particulates/solids shall be determined by visual examination of the

Goetz bulb prior to the evaporation of refrigerant. Presence of

dirt, rust or other particulate contamination is reported as

``fail.'' For details of this test method, refer to Appendix-93 to

ARI Standard 700.

5.9 Non-Condensables.

5.9.1 Sample. A vapor phase sample shall be used for

determination of non-condensables. Non-condensable gases consist

primarily of air accumulated in the vapor phase of refrigerants. The

solubility of air in the refrigerants liquid phase is extremely low

and air is not significant as a liquid phase contaminant. The

presence of non-condensable gases may reflect poor quality control

in transferring refrigerants to storage tanks and cylinders.

5.9.2 Method. The test method shall be gas chromatography with

a thermal conductivity detector as described in Appendix-93 to ARI

Standard 700.

5.9.3 Limit. The maximum level of non-condensables in the vapor

phase of a refrigerant in a container shall not exceed 1.5% by

volume (see table 1 and 1a).

5.10 Impurities, including Other Refrigerants.

5.10.1 Method. The amount of other impurities including other

refrigerants in the subject refrigerant shall be determined by gas

chromatography as described in Appendix-93 to ARI Standard 700.

5.10.2 Limit. The subject refrigerant shall not contain more

than 0.50% by weight of impurities including other refrigerants (see

table 1 and 1a).

Section 6. Reporting Procedure

6.1 Reporting Procedure. The source (manufacturer, reclaimer or

repackager) of the packaged refrigerant shall be identified. The

refrigerant shall be identified by its accepted refrigerant number

and/or its chemical name. Maximum permissible levels of contaminants

are shown in table 1. Test results shall be tabulated in a like

manner.

Table 1.--Characteristics of Refrigerants and Maximum Contaminant Levels

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

Reference

Reporting units (subclause) R11 R12 R13 R22 R113 R114 R123 R124

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

Characteristics*:

Boiling Point*............. F @ 1.00 atm.................. .............. 74.9 -21.6 -114.6 -41.4 117.6 38.8 82.6 12.2

deg.C @ 1.00 atm............. .............. 23.8 -29.8 -81.4 -40.8 47.6 3.8 27.9 -11.0

Boiling Point Range*....... K............................. .............. 0.3 0.3 0.5 0.3 0.3 0.3 0.3 0.3

Typical Isomer Content..... By weight..................... .............. ....... ....... ........ ....... 0-1% 0-30% 0-8% 0-5%

.............................. .............. ....... ....... ........ ....... R113a R114a R123a R124a

Vapor phase contaminants:

Air and other non- % by volume @ 25 deg.C....... 5.9 N/A** 1.5 1.5 1.5 N/A** 1.5 N/A** 1.5

condensables.

Liquid phase contaminants:

Water...................... ppm by weight................. 5.4 20 10 10 10 20 10 20 10

All other impurities % by weight................... 5.10 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50

including refrigerants.

High boiling residue....... % by volume................... 5.7 0.01 0.01 0.05 0.01 0.03 0.01 0.01 0.01

Particulates/solids........ Visually clean to pass........ 5.8 Pass Pass Pass Pass Pass Pass Pass Pass

Acidity.................... ppm by weight................. 5.6 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0

Chlorides***............... No visible turbidity.......... 5.5 Pass Pass Pass Pass Pass Pass Pass Pass

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

*Boiling points and boiling point ranges, although not required, are provided for informational purposes.

**Since R11, R113 and R123 have normal boiling points at or above room temperature, non-condensable determinations are not required for these

refrigerants.

***Recognized Chloride level for pass/fail is 3ppm.

Table 1A.--Characteristcs of Refrigerants and Maximum Contaminant Levels

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

Reference

Reporting units (subclause) R401A R401B R402A R402B R500 R502 R503

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

Characteristics*:

Refrigerant ....................... ........... R22/152a/12 R22/152a/12 R125/290/22 R125/290/22 R12/152A 522/115 R23/13

Components. 4 4

Nominal Comp, ....................... ........... 53/13/34 61/11/28 60/2/38 38/2/60 73.8/26.2 48.8/51.2 40.1/59.9

weight%.

Allowable Comp, ....................... ........... 51-55/11.5- 59-63/9.5-1 58-62/1-3/3 6-40/1-3/58 72.8-74.8/ 44.8-52.8/ 39-41/59-61

weight%. 13.5/ 1.5/ 6-40 -62 25.2-27.2 47.2-55.2

33-35 27-29

Boiling Point*..... F @ 1.00 atm........... ........... -27.6 to - -30.4 to - -56.5 to - -53.3 to -

16.0 18.5 52.9 49.0

C @ 1.00 atm........... ........... -33.4 to - -34.7 to - -49.1 to - -47.4 to - -33.5 -45.4 -88.7

26.6 28.6 47.2 45.0

Boiling Point K...................... ........... ........... ........... ........... ........... 0.5 0.5 0.5

Range*.

Vapor Phase

Contaminants:

Air and other non- % by volume @ 25 deg.C. 5.9 1.5 1.5 1.5 1.5 1.5 1.5 1.5

condensables.

Liquid Phase

Contaminants:

Water.............. ppm by weight.......... 5.4 10 10 10 10 10 10 10

All other % by weight............ 5.10 0.50 0.50 0.50 0.50 0.50 0.50 0.50

impurities

including

refrigerants.

High boiling % by volume............ 5.7 0.01 0.01 0.01 0.01 0.05 0.01 0.01

residue.

Particulates/solids Visually clean to pass. 5.8 Pass Pass Pass Pass Pass Pass Pass

Acidity............ ppm by weight.......... 5.6 1.0 1.0 1.0 1.0 1.0 1.0 1.0

Chlorides**........ No visible turbidity... 5.5 Pass Pass Pass Pass Pass Pass Pass

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

*Boiling points and boiling point ranges, although not required, are provided for informational purposes.

**Recognized Chloride level for pass/fail is 3ppm.

10. Appendix B to subpart F is amended by revising the introductory

text to read as follows:

Appendix B to subpart F--Performance of Refrigerant Recovery, Recycling

and/or Reclaim Equipment

This appendix is based on Air-Conditioning and Refrigeration

Institute Standard 740-93.

* * * * *

11. Appendix D to subpart F is amended by revising section g to

read as follows:

Appendix D to Subpart F--Standards for Becoming a Certifying Program

for Technicians

* * * * *

g. Recordkeeping and Reporting Requirements

Certifying programs must maintain records for at least three

years which include, but are not limited to, the names and addresses

of all individuals taking the tests, the scores of all certification

tests administered, and the dates and locations of all testing

administered.

EPA must receive an activity report from all approved certifying

programs by every January 30 and June 30, the first to be submitted

following the first full six-month period for which the program has

been approved by EPA. This report will include the pass/fail rate

and testing schedules. This will allow the Agency to determine the

relative progress and success of these programs. If the certifying

program believes a test bank question needs to be modified,

information about that question should also be included.

Approved certifying programs will receive a letter of approval

from EPA. Each testing center must display a copy of that letter.

* * * * *

Secs. 82.156, 82.160, 82.161, 82.162, 82.164, 82.166 and Appendix

D [Amended]

12. Sections 82.156, 82.160, 82.161, 82.162, 82.164, 82.166, and

appendix D are amended by removing the parenthetical statement

containing the OMB control number at the end of the section.

[FR Doc. 94-20169 Filed 8-18-94; 8:45 am]

BILLING CODE 6560-50-P