Motor Vehicle Air Conditioners and Protection of Stratospheric Ozone

SUMMARY: On July 14, 1992, EPA published a final rule in the Federal

Register establishing the standards and requirements regarding the

servicing of motor vehicle air conditioners and restrictions on the

sale of small containers of class I or class II substances pursuant to

section 609 of the Clean Air Act as amended (Act). The rule requires

that only approved refrigerant recovery/recycling equipment be used to

perform service for consideration on motor vehicle air conditioners.

Two types of equipment could be approved: Equipment that recovers

refrigerant and recycles it on-site, and equipment that only recovers

refrigerant. The refrigerant from recover-only equipment may be

recycled on-site or sent off-site for reclamation. The Agency

established a standard for recover/recycle equipment (appendix A), but

reserved finalizing the standard for recover-only equipment.

Today's final rule establishes a standard for approval of recover-

only equipment that extracts CFC-12 from motor vehicle air

conditioners. This standard follows closely the Society of Automotive

Engineers (SAE) Standards J1989: Recommended Service Procedure for the

Containment of R-12, and J2209: CFC-12 (R-12) Extraction Equipment for

Mobile Automotive Air-conditioning Systems. Because automotive

technicians have previously been required to use only recover/recycle

equipment for which an Agency standard had been established, today's

rule permits these technicians additional flexibility in determining

how to meet Section 609 requirements.

This final rule also updates the purity standard for off-site

reclamation, by changing the standard from ARI 700-88 to ARI 700-93.

By promoting the reclamation of refrigerants from motor vehicle air

conditioners, this final rule will help to lower the risk of depletion

of the stratospheric ozone layer, thus diminishing potentially harmful

effects to human health and the environment, including increased

incidences of certain skin cancers and cataracts.

DATES: This final rule is effective June 1, 1995, except that the

changes to Sec. 82.32(e)(2) will become effective on July 3, 1995,

unless EPA has received by June 1, 1995, adverse comment. Should EPA

receive such notice, EPA will publish one subsequent action in the

Federal Register to withdraw the changes to Sec. 82.32(e)(2), and will

publish another action proposing this action and requesting comments.

Judicial review of this action is available only by the filing of a

petition for review in the United States Circuit Court of Appeals for

the District of Columbia Circuit within 60 days of publication.

ADDRESSES: Comments and materials supporting this rulemaking are

contained in Public Docket No. A-91-41 in room M-1500, Waterside Mall

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

SW., Washington, DC 20460. The docket may be inspected from 8:30 a.m.

until 5:30 p.m., Monday through Friday. A reasonable fee may be charged

for copying docket materials. Those wishing to submit adverse comments

on the portion of this action relating to the adoption of the ARI 700-

1993 standard should contact Christine Dibble, 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-91-41 IV-D (202) 233-9147.

FOR FURTHER INFORMATION CONTACT: Christine Dibble, Stratospheric

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

Radiation (6205-J), 401 M Street SW., Washington, DC 20460. (202) 233-

9147. The Ozone Information Hotline at 1-800-296-1996 can also be

contacted for further information.

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed

in the following outline:

I. Background

II. Summary of Public Participation

III. Summary and Response to Major Public Comments

IV. Summary of Today's Final Rule

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

``Properly Using'' and in Appendix B

B. Standard for Recover-Only Equipment

C. Substantially Identical Equipment

D. Approved Independent Standards Testing Organizations

E. Technician Training and Certification

V. Summary of Supporting Analyses

A. Executive Order 12866

B. Regulatory Flexibility Analysis

C. Paperwork Reduction Act

I. Background

Title VI of the Act is designed to protect the stratospheric ozone

layer. Section 609 of the Act requires the Administrator to promulgate

regulations establishing standards and requirements regarding the

servicing of motor vehicle air conditioners. On July 14, 1992, the

Agency published the final rule implementing this section. In that

rule, the Agency defined ``approved refrigerant recycling equipment''

as equipment certified by the Administrator or by an independent

standards testing organization approved by the Agency as meeting the

standards set forth in appendix A in the rule. Refrigeration recycling

equipment was also considered approved if it was purchased before

September 4, 1991, and is substantially identical to the certified

equipment. Only equipment certified as meeting the standards or meeting

the criteria for substantially identical equipment are approved for use

in the servicing of motor vehicle air conditioners under section 609 of

the Act.

Underwriters Laboratories (UL) and ETL Testing Laboratories (ETL)

are the approved independent standards testing organizations that

currently certify equipment using the standards that appear in appendix

A of the rule. These standards apply to recover/recycle equipment that

extracts CFC-12 refrigerant from a motor vehicle air conditioner and

cleans the refrigerant on-site (recover/recycle equipment). The

regulatory standards, based on those developed by the SAE, cover

service procedures for recovering CFC-12 (SAE J1989, issued in October

1989), test procedures to evaluate recover/recycle equipment (SAE

J1990, issued in October 1989 and revised in March 1992) and a purity

standard for recycled CFC-12 refrigerant (SAE J1991, issued in October

1989).

Although appendix A set forth the standards appropriate for

recover/recycle equipment, EPA has until now not established a standard

which would apply to certification of equipment that extracts but does

not recycle refrigerant (recover-only equipment). Under the current

regulation, the refrigerant from these recover-only machines would

typically be sent off-site for purification, but it may be recycled on-

site in a recover/recycle machine to the SAE J1991 standard of purity.

In addition, refrigerant may be extracted using the recover-only

equipment and subsequently recycled off-site by equipment owned by the

person who owns both the recover-only equipment and owns or operates

the establishment at which the refrigerant was extracted.

Appendix B of the rule was reserved for the standards for recover-

only equipment. EPA proposed appendix B [[Page 21683]] in a

supplemental notice published April 22, 1992 (57 FR 14763). The

proposed standard closely resembled a proposed SAE standard, SAE J2209:

CFC-12 Extraction Equipment for Mobile Automotive Air-conditioning

Systems, with the Agency's editorial comments included in the standard

in brackets. This final rule adopts the final version of this SAE

standard, with minor changes. In addition, EPA is adopting for recover-

only equipment the recommended service procedure for the containment of

CFC-12 described in SAE J1989 and already set forth in appendix A. In

today's rule, that portion of appendix A based on SAE J1989 has been

incorporated into appendix B in order to make clear that those service

procedures apply when operating recover-only equipment.

For both recover/recycle equipment and recover-only equipment, the

definition of ``properly using'' set forth in 40 CFR 82.32(e) applies.

This final rule revises the requirements for Agency approval of

independent standards testing organizations to include certification of

recover-only equipment in compliance with the standards in appendix B.

The criteria for approval of technician training and certification

programs are also revised to reflect the use of recover-only equipment.

The discussion in this preamble clarifies how the inclusion of

standards for recover-only equipment will affect the certification of

technicians, the Agency's approval of technician certification

programs, and the Agency's approval of independent standards testing

organizations.

II. Summary of Public Participation

A public hearing on the proposed supplemental rule was held on May

12, 1992. Only one person presented oral comments on the proposed

requirements, also submitting written testimony to the Agency. A

transcript of the hearing is contained in the public docket.

The Agency received a total of 10 letters on the supplemental

proposed rule.

III. Summary and Response to Major Public Comments

Comments to this rule were submitted between April 22, 1992 and May

22, 1992. The remarks of several commenters were addressed in the July

14, 1992 final rule (57 FR 31241). For example, several commenters

urged the Agency to state more explicitly the circumstances in which

refrigerant may be recycled off-site (i.e., if the recycle equipment is

owned by the person who also owns both the recover-only equipment and

the establishment at which the refrigerant was recovered). These

circumstances were explicitly discussed when EPA adopted the definition

of ``properly using'' in the July 14, 1992 final rule (57 FR 31241).

One commenter urged the Agency not to adopt a recover-only

equipment standard. This commenter argued that recover-only equipment

increases the risk of contamination of the entire recycled refrigerant

pool because it could lead to intermixing of refrigerant types and

failure to purify the recovered refrigerant prior to recycling. EPA

believes the use of recover-only equipment will, in conjunction with

recover/recycle equipment, afford more cost-effective compliance

options for smaller service facilities that may choose not to purchase

the more expensive recover/recycle equipment, but instead to send all

recovered refrigerant to off-site reclaimers. In addition, larger

service facilities and fleet owners may purchase the less expensive

recover-only equipment for use in conjunction with their recover/

recycle equipment during peak air conditioning service months. By

adopting this standard, the Agency believes that facilities are likely

to recover ozone-depleting chemicals that might have otherwise been

improperly vented. Moreover, EPA believes that the adoption of the

appendix B standards will effectively safeguard against contamination

of the refrigerant supply. For example, the standard specifies that the

equipment discharge or transfer fitting on recover-only equipment shall

be unique in order to prevent the unintentional use of extracted CFC-12

used for recharging prior to recycling or reclamation.

The remainder of the comments remarked upon the adoption of SAE

J2209 standard as the basis of appendix B, or upon specific provisions

of appendix B. The adoption of the J2209 standard for recover-only

equipment in appendix B parallels the adoption of the J1990 standard

for recover/recycle equipment in appendix A. The J1991-based standard

set forth in appendix A establishes a standard for recycled refrigerant

and consequently would not apply to recover-only equipment. As

discussed above, the J1989-based standard in appendix A has been

incorporated by reference in appendix B.

The standard for recover-only equipment proposed by EPA differed

slightly from the then-current draft of J2209, with the Agency's

editorial comments included in the appendix B proposed standard in

brackets. These editorial comments clarified some terms, inserted

missing words and corrected other typographical errors in the J2209

draft. The final version of SAE J2209, which eliminated these errors,

has been almost wholly incorporated into today's rulemaking as appendix

B.

The significant differences between the draft version of the J2209

standard as set forth in the proposed appendix B, and the final version

of this standard as set forth in today's rule, are as follows. First,

the proposed appendix B stated that portable refillable containers of

recovered refrigerant must be marked with the words ``Dirty

Refrigerant--Do Not Use Without Recycling.'' In the final version of

J2209, and in this final rule, the container marking must read ``Dirty

R-12--Do Not Use, Must Be Reprocessed.'' This change illuminates the

fact that refrigerant may either be recycled on-site using recover/

recycle equipment, or may be reclaimed off-site to the ARI 700

standard.

In addition, unlike the draft version of J2209, the final J2209

standard and today's final rule: (1) Require that recover-only

equipment be preconditioned with standard contaminated CFC-12 before

starting the test cycle; (2) designate the temperature of the

preconditioning; and (3) specify the operation of the sample method

fixture. These additions were incorporated into the final version of

J2209 and into appendix B in order to remain consistent with, and as

stringent as, SAE J1990. Section 609(b)(2)(a) of the Act states that

standards developed by the Administrator shall, as a minimum, be as

stringent as SAE J1990 in effect as of November 15, 1990.

The standard reproduced here is almost identical to the final SAE

standard submitted to the Agency in June, 1992, except that references

to ARI standard 700-88 have been changed to 700-93. SAE intends to make

this change in J2209 shortly. In addition, updates or revisions to SAE

publications referenced in the standard will not automatically be

incorporated by reference.

One commenter urged that EPA adopt ARI standard 740 rather than SAE

J2209 as the basis of appendix B because complying with the more

stringent J2209 standard would increase the cost of recover-only

equipment, so that small businesses would face greater difficulties

meeting Section 609 requirements. The standard adopted today in

appendix B is as stringent as SAE J1990 regarding the procedure for

extracting refrigerant and separating lubricant from refrigerant.

Unlike SAE J2209, ARI standard 740 is not designed to address the

servicing of mobile automotive air-conditioning systems,

[[Page 21684]] and does not meet the statutory requirement of being as

rigorous in all respects as J1990. Unlike J1990 and J2209, ARI 740 does

not establish an oil separation requirement or require that a

contaminated CFC-12 sample be processed to verify oil separation.

One commenter remarked that sections 6.2 and 6.2.1 of J2209 should

not be adopted into appendix B because these sections, which describe

the preconditioning of the equipment with a standard contaminated CFC-

12 sample, apply only to recycle equipment and not to recover-only

equipment. These provisions not only apply to measuring the efficiency

with which a unit cleans the refrigerant for recycling, but also to

measuring how much lubricant has been removed from the air-conditioning

system during the recovery process, so that technicians may determine

how much lubricant to replace prior to the completion of servicing.

This determination should be made whenever any refrigerant is

recovered, whether from a recover-recycle unit or a recover-only unit.

In addition, the language contained in Sections 6.2 and 6.2.1 is

almost identical to the language of J1990, Sections 8.3 and 8.4.1.

Since today's standard must at a minimum be as stringent as SAE J1990,

these provisions should be contained in appendix B. The Agency believes

that the proper determination of how well a particular model of

equipment extracts refrigerant depends in part on testing the model

with a contaminated sample. Noncondensable gases in particular may

affect extraction efficiency. In addition, the Agency desires to

further consistency between industry standards such as J2209 and Agency

regulations.

A commenter remarked that the reference in section 6.3.3 of

appendix B to the use of overfill protection based on a tank's volume

should be based on weight rather than volume, because many tank filling

operations recognize that weight is a better control to prevent

overfilling a tank. The Agency has decided to base its overfill

protection method on volume since both the Department of Transportation

specifications for shipments and packagings and the American Society of

Mechanical Engineers do so.

One commenter argued that the Agency should consider a six-month

grace period which would allow owners of uncertified equipment to use

older recover-only equipment while ordering and installing recover-only

equipment that would comply with this rule. The Agency believes that

the provisions set forth in today's rule governing substantially

identical equipment, combined with the extended time frame between the

publication of the proposal and the publication of this final rule, and

the adoption of standard closely modeled on a consensus SAE standard,

sufficiently address these lead time concerns. Equipment owners have

had a significant time period to purchase equipment that should meet

the standards to be adopted today.

Finally, two commenters objected to the provision set forth in

section 6.7 of appendix B requiring that the equipment be able to

separate the lubricant from recovered refrigerant and accurately

indicate the amount removed from the system. These commenters claimed

that this was a redundant requirement, and was not needed to determine

the amount of oil to be replaced. EPA has included this provision in

appendix B because it promotes consistency between the Agency

requirements and the industry standard, as set forth in SAE J2209;

because it promotes consistency in operating recover-only and recover/

recycle equipment (i.e., the technician will know that oil separation

and measurement is a component in operating both types of machines);

and because, by helping to prevent overcharging the vehicle system with

lubricant, section 6.7 provides the technician with every opportunity

to complete compressor lubrication properly.

IV. Summary of Today's Final Rule

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

``Properly Using'' and in Appendix B

Section 82.32(e) provides in the definition of ``properly using''

that ``(r)efrigerant from reclamation facilities that is used for the

purpose of recharging motor vehicle air conditioners must be at or

above the standard of purity developed by the Air-conditioning and

Refrigeration Institute (ARI 700-88) * * * in effect as of November 15,

1990.'' Today's rulemaking changes the definition of ``properly using''

to refer to ARI 700-1993, which is an updated version of ARI 700-88. In

addition, references to the ARI 700 standard in appendix B, the

Standard for Recover Equipment, are to ARI 700-93 rather than ARI 700-

88.

EPA believes that ARI 700-1993 should substitute for ARI 700-1988

in order for section 609 regulations to remain consistent with other

provisions of the Clean Air Act regulations and with industry

standards. The direct final rule amending the Refrigerant Recycling

Regulations published on August 19, 1994 (59 FR 42949) and effective on

October 18, 1994 requires that persons reclaiming refrigerant for sale

to a new owner must return refrigerant to a standard of purity based on

ARI 700-1993. In addition, the Society of Automotive Engineers is in

the process of revising all of its air-conditioning standards and

recommended practices to reference current ARI specifications for

fluorocarbon refrigerants. SAE will soon revise its J2209 standard, the

basis for appendix B.

Whereas 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,'' effectively tightening the standard.

Changes in ARI 700-1993 that do not affect the automotive industry

include adding purity standards for eleven additional refrigerants, and

increasing liquid phase contaminant water levels for certain

refrigerants not used in automobile air conditioners.

EPA is substituting the ARI 700-1993 standard for ARI 700-1988 as a

direct final rule, recognizing that the Agency did not propose the

substitution in the April 22, 1992 proposal of this rulemaking. This

substitution predominantly affects the activities of refrigerant

reclaimers, who were similarly affected by the substitution of ARI 700-

93 for ARI 700-88 in the direct final rule amending the Refrigerant

Recycling Regulations published on August 18, 1994 (59 FR 42949).

Commenters to that rule overwhelmingly agreed that the changes to the

ARI standard were both appropriate and necessary.

As discussed above, this portion of today's rule will become

effective on July 3, 1995, unless EPA is has received by June 1, 1995

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

subsequent action in the Federal Register to withdraw the portion of

this final action, and will publish another action proposing this

action and requesting comments. In that event, following a public

comment period and the opportunity for a public hearing, the Agency

will draft the final regulation to be published in the Federal

Register.

B. Standard for Recover-Only Equipment

Section 82.36(a) of the regulations specifies that equipment that

recovers and recycles refrigerant must meet the standards set forth in

appendix A. Today's rulemaking adds a provision that equipment that

extracts refrigerant for recycling on-site or for reclamation off-site

must meet the SAE J2209 [[Page 21685]] standards set forth in appendix

B, the Standard for Recover Equipment.

The standard adopted today contains specifications for labeling

recover equipment once it is certified; safety requirements;

requirements that the equipment manufacturer must provide operating

instructions; and a functional description of the equipment, including

hose and fitting specifications, overfill protection requirements and

additional storage tank requirements. The standard requires that the

container for used refrigerant be gray with a yellow top and be marked

in black print ``DIRTY REFRIGERANT--DO NOT USE, MUST BE REPROCESSED.''

The standard states that the recovery equipment must be able to

separate lubricant from recovered refrigerant and to indicate

accurately the amount removed from the air-conditioning system in order

to assure that the proper amount of lubricant can be returned to the

system. It should be noted that EPA's labeling rule published on

February 11, 1993 (58 FR 8136) requires that containers containing

class I or II substances that enter into interstate commerce are

required to bear a specific warning label. Such containers that are

sent for off-site recycling or reclamation are entered into interstate

commerce and thus require labeling.

The Act states that standards developed by the Administrator shall,

as a minimum, be as stringent as SAE J1990 in effect as of the date of

November 15, 1990. The standard proposed today is equally as stringent

as SAE J1990 regarding the procedure for extracting refrigerant and

separating lubricant from refrigerant. It offers a further

specification on extraction efficiency (referring to 102 mm of mercury

versus the more general statement regarding removal ``to a vacuum'').

Procedures and requirements regarding unintentional releases of

refrigerant during the extraction process are equivalent to SAE J1990,

and because recover-only equipment does not purge non-condensable gases

from the refrigerant collected, no CFC-12 is released in the process.

Refrigerant removed from motor vehicle air conditioners with

recover-only equipment must be either recycled on-site to the SAE J1991

standard of purity or sent off-site to a reclamation facility for

purification to ARI 700-93, a higher standard of purity than SAE J1991.

Under the provisions of the July 14, 1992 final rule, refrigerant may

also be sent off-site for recycling but only if the equipment used to

recycle the refrigerant is owned by the person who owns both the

recover-only equipment and owns or operates the establishment at which

the refrigerant was extracted. Requirements concerning reclamation

facilities and their ability to ensure that refrigerant meets the ARI

700-93 standard of purity were addressed in the direct final rule

amending 40 CFR 82.164, published on August 19, 1994 (59 FR 42949).

The standard adopted today as appendix B represents a consensus of

the Interior Climate Control Committee of SAE. This committee is made

up of automotive industry experts, equipment and supply manufacturers,

and chemical producers. SAE prepared the standards (SAE J1990, SAE

J1991) later adopted by EPA in appendix A and the Agency believes that

the standard set forth in today's rulemaking as appendix B is

consistent with the specifications required in those standards for

recovery. The Agency believes that the appendix B standard is

appropriate for recovery because it achieves environmental protection

through efficient recovery of refrigerant and protects automobile

equipment through lubricant removal indication.

C. Substantially Identical Equipment

Section 82.36(b) of the regulations states that equipment purchased

before the proposal of the standards for refrigerant recycling

equipment in appendix A (i.e., before September 4, 1991) shall be

considered certified if it is ``substantially identical'' to equipment

approved under Sec. 82.36(a). Until now, this provision has effectively

applied only to recover/recycle equipment, because only recover/recycle

equipment has been approved by the Agency.

Today's rulemaking applies the Act's ``substantially identical''

provision to recover-only equipment as well. Recover-only equipment

shall be considered approved if it is substantially identical to

recover-only equipment approved under Sec. 82.36(a) and if it was

purchased prior to the date of proposal of this rulemaking (i.e., April

22, 1992). EPA's regulations do not define ``substantially identical,''

but a manufacturer or owner may request a determination from EPA on

this point.

The Agency's views on implementation of the ``substantially

identical'' provision are discussed in some detail in the September 4,

1991 Notice. In general, EPA proposes to follow the same strict

approach in implementing this provision for recover-only equipment as

for recover/recycle equipment. The Agency is aware that although some

recover-only machines have been sold, until mid-1992, manufacturers of

these machines did not have the opportunity to have machines certified

because the proposed standard had not been developed. Recover-only

equipment that is certified to meet the standard in appendix B will be

considered ``approved refrigerant recycling equipment.'' Where the

models sold in the past are the same as models that are approved, this

equipment will be considered substantially identical. In situations

where the models sold were not the same as the approved model, EPA will

consult with approved independent standards testing organizations to

evaluate the previously sold equipment. EPA will use these

organizations' test data and any additional information submitted by

the manufacturer, such as process diagrams and lists of components, in

the evaluation. EPA will maintain a list of equipment determined to be

substantially identical. An essential criterion for evaluation is that

equipment removes refrigerant as efficiently as the SAE J2209 standard

and separates lubricant from refrigerant. The Agency is also interested

in ensuring safety in operation of the equipment.

Should manufacturers consider the possibility of retrofit kits to

bring the pre-certification models up to the performance standard of

certified models, EPA would require that the retrofit kits be certified

by an approved independent standards testing organization and that

equipment owners indicate in their certification to the Agency (as

discussed in the September 4, 1991 proposal) that they have retrofitted

equipment.

EPA is aware of some cases in which equipment purchased before the

publication of the proposal to today's rule was produced by

manufacturers that have not yet received a certification on any model

or by manufacturers that no longer make equipment. In situations where

equipment was purchased without certification and no model by that

manufacturer achieves certification, EPA will evaluate the equipment on

a model-by-model basis before making a substantially identical

determination. Owners of the equipment, if they cannot contact

manufacturers to determine the status of equipment, must submit process

flowsheets and lists of components, and EPA reserves the right to

inspect the equipment and request samples of refrigerant if necessary.

The address for submittal of information is: MVACs Recycling Program

Manager, Stratospheric Protection Division, (6205J), U.S. Environmental

Protection Agency, 401 M Street, SW, Washington, DC 20460, Attention:

Substantially Identical Equipment Review. EPA will maintain a strict

interpretation of the [[Page 21686]] substantially identical clause in

order to protect the air-conditioning units and the integrity of the

recycling program. As a result, the Agency does not anticipate that

many types of recover-only machines will qualify as substantially

identical through this evaluation procedure.

D. Approved Independent Standards Testing Organizations

Section 82.38 establishes the criteria for approval of testing

laboratories or organizations to certify whether equipment governed by

the regulations meets the standards set forth in the regulations. Under

the original final rule, approved organizations would determine whether

recover/recycle equipment met the standards set forth in appendix A to

the rule, which was based on SAE J1990 and 1991. Today's rulemaking

will expand that provision so that approved organizations will be able

to determine whether recover-only equipment meets the standards set

forth in appendix B to the rule.

Because the Agency received written requests from both UL and ETL

requesting that they be approved to certify recover-only equipment, and

because the application materials received by the Agency from UL on

October 21, 1991, and from ETL on November 27, 1991 demonstrate that

both organizations have met the criteria set forth in Sec. 82.38(b)

with respect to recover-only equipment, the Agency has approved UL and

ETL to certify recover-only equipment, effective as of the effective

date of this rulemaking.

EPA encourages applications from other facilities that are capable

of testing equipment to the necessary standards. Organizations must

demonstrate that they have the experience and the appropriate equipment

to perform testing. The EPA will maintain a list of approved

independent standards testing organizations available upon request at

the address set forth in Sec. 82.38. The Agency reserves the right to

revoke approval if the testing organization violates any of the

requirements contained in Sec. 82.38.

E. Technician Training and Certification

Section 82.40 established the standards for programs approved to

train and certify technicians. The standards cover training, the

subject material that must be covered by each program, and minimum test

administration procedures. Summaries of reviews of programs must be

submitted every two years and programs must offer technicians proof of

certification upon successful completion of the test.

At this time, 23 organizations have been approved by EPA to train

and certify technicians in the use of recover-recycle equipment. Ten of

these organizations train and certify their employees, while the

remaining train members of the general public. While EPA's approval of

these organizations has been limited to recover-recycle equipment, the

Agency believes that for purposes of training and certification

conducted prior to June 1, 1995, these organizations should also be

considered as approved for purposes of recover-only equipment. As

discussed below, recover-only equipment and the recovery aspects of

recover-recycle equipment are very similar, and the procedures for

extracting refrigerant are very similar for both types of equipment.

Retraining and recertifying of technicians already certified to use

recover-recycle equipment would therefore produce only a limited

environmental benefit. In addition, such retraining and recertification

would impose a large burden on the technicians and the organizations

that certify them. For these reasons, EPA intends at this time to

approve the 23 organizations noted above for training and certification

of technicians in the use of recover-only equipment conducted prior to

June 1, 1995.

EPA will also approve organizations for future training and

certification of technicians for the use of recover-only equipment on

the condition that each organization certify in writing to the Agency

that its training materials discuss the standard set forth in Appendix

B, and that its testing materials include questions concerning that

standard. Each organization that submits such a certification shall be

approved upon the date which is the later of (i) the effective date of

this rule (i.e., June 1, 1995), or (ii) the receipt by the Agency of

such a certification. Organizations that do not submit such a

certification will not be approved to train and certify future

technicians for the use of recovery-only equipment.

As noted above, the prior training and testing of previously

approved technicians for recover-recycle equipment adequately and

sufficiently covers the standards set forth in appendix B because of

the large overlap between the text of the standard based on SAE J1990

contained in appendix A and the standard based on SAE J2209 contained

in appendix B. In both appendix A and appendix B, the following

provisions are identical or nearly identical: safety requirements;

requirement that the manufacturer must provide operating instructions;

requirement that the equipment must ensure the refrigerant recovery by

reducing system pressure below atmospheric to a minimum of 102 mm of

mercury; the preconditioning of the equipment with a contaminated

sample; the composition of that contaminated sample; the requirement

that the equipment must be certified by UL or an equivalent certifying

laboratory; the requirement that the label on the equipment must state

that it has been design certified to meet applicable SAE standards; and

the additional storage tank requirements.

Where the SAE J1990-based standards in appendix A differ from the

SAE J2209-based standards in appendix B, they differ largely because

appendix A contains many provisions which relate to the recycle portion

of the equipment operation and which are thus not applicable to

appendix B. For example, appendix A describes requirements for the

recycling test cycle and for the quantitative determination of

moisture, lubricant, and noncondensable gas in that cycle.

In addition, SAE J2209 contains one provision which applies to

recover-only but not to recover/recycle equipment. Section 3.5 of J2209

states that the label on the equipment must be processed to ARI 700-88

specifications before reuse in a mobile air-conditioning system. The

Agency recognizes that refrigerant may be transferred on-site to

recover/recycle equipment and processed to the standards set forth in

appendix A, rather than be transferred off-site to a reclamation

facility for processing to the ARI 700 standard. However, since the

final SAE J2209 standard, including the textual requirements for the

equipment label, was issued over two years prior to the date of this

rule, the Agency has determined not to require the inclusion of any

language on the label which would be inconsistent with SAE

requirements.

A review of SAE J2209 indicates it contains two provisions which

relate to the recovery of refrigerant for which there are no equivalent

provisions in SAE J1990. First, section 3.2 of SAE J2209 requires that

the equipment discharge or transfer fitting shall be unique. SAE did

not consider this requirement until after the publication of the final

version of J1990. Second, section 6.1 of SAE J2209 requires that the

unit must have a device that assures that refrigerant has been

recovered so that outgassing is prevented. Although there is no

equivalent to this provision in SAE J1990, J1989 requires safeguards to

prevent outgassing. [[Page 21687]]

VI. Summary of Supporting Analyses

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 supplemental 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. The Agency prepared an analysis to assess the

impact of the proposed regulation (see Costs and Benefits of MACs

Recycling, May 24, 1991) which covers both recover/recycle equipment

and recover-only equipment, and is available for review in the public

docket for this rulemaking.

B. Regulatory Flexibility Analysis

The Regulatory Flexibility Act, 5 U.S.C. 601-612, 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).

The Agency performed an initial regulatory flexibility analysis for

the July 14, 1992 final rule that this rule supplements. No additional

RFA need be prepared for this supplemental final rule because the

changes being made today to that final rule do not alter the original

analysis.

C. Paperwork Reduction Act

This supplemental final rule has no new information requirements

subject to the Paperwork Reduction Act.

List of Subjects for 40 CFR Part 82

Environmental protection, Chlorofluorocarbons, Motor vehicle air-

conditioning, Recover-only equipment, Stratospheric ozone layer.

Dated: April 24, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, EPA is hereby amending 40

CFR part 82 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, and 7671h.

2. Section 82.32 is amended by redesignating the first four

sentences of paragraph (e) as paragraph (e)(1), and redesignating the

last four sentences of paragraph (e) as paragraph (e)(2), and by

revising the first sentences of newly redesignated paragraphs (e)(1)

and (e)(2) to read as follows:

Sec. 82.32 Definitions.

* * * * *

(e) (1) Properly using means using equipment in conformity with

Recommended Service Procedures and Recommended Practices for the

Containment of R-12 (CFC-12) set forth in appendix A or appendix B to

this subpart, as applicable.

(2) Refrigerant from reclamation facilities that is used for the

purpose of recharging motor vehicle air conditioners must be at or

above the standard of purity developed by the Air-conditioning and

Refrigeration Institute (ARI 700-93) (which is codified at 40 CFR part

82, subpart F, appendix A, and is available at 4301 North Fairfax

Drive, Suite 425, Arlington, Virginia 22203).

* * * * *

3. Section 82.36 is amended by revising paragraphs (a)(2) and (b)

to read as follows:

Sec. 82.36 Approved refrigerant recycling equipment.

(a) (1) * * *

(2) Equipment that recovers and recycles the refrigerant must meet

the standards set forth in appendix A to this subpart (Recommended

Service Procedure for the Containment of R-12, Extraction and Recycle

Equipment for Mobile Automotive Air-Conditioning Systems, and Standard

of Purity for Use in Mobile Air-Conditioning Systems). Equipment that

recovers refrigerant for recycling on-site or for reclamation off-site

must meet the standards set forth in appendix B to this subpart

(Recommended Service Procedure for the Containment of R-12, Extraction

Equipment for Mobile Automotive Air-Conditioning Systems).

(b) Refrigerant recycling equipment purchased before September 4,

1991 that recovers and recycles refrigerant, and refrigerant recycling

equipment purchased before April 22, 1992 that recovers refrigerant for

recycling on-site or reclamation off-site, that has not been certified

under paragraph (a) of this section, shall be considered approved if

the equipment is substantially identical to equipment certified under

paragraph (a) of this section. Equipment manufacturers or owners may

request a determination by the Administrator by submitting an

application and supporting documents that indicate that the equipment

is substantially identical to approved equipment to: MVACs Recycling

Program Manager, Stratospheric Protection Division (6205J), U.S.

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

20460, Attn: Substantially Identical Equipment Review. Supporting

documents must include process flow sheets, lists of components and any

other information that would indicate that the equipment is capable of

processing the refrigerant to the standards in appendix A or appendix B

to this subpart, as applicable. Authorized representatives of the

Administrator may inspect equipment for which approval is being sought

and request samples of refrigerant that has been extracted and/or

recycled using the equipment. Equipment that fails to meet appropriate

standards will not be considered approved.

* * * * *

4. Section 82.38 is amended by revising paragraphs (a) and

(b)(1)(iii) to read as follows:

Sec. 82.38 Approved independent standards testing organizations.

(a) Any independent standards testing organization may apply for

approval by the Administrator to certify equipment as meeting the

standards in appendix A and appendix B to this subpart, as applicable.

This application shall be sent to: MVACs Recycling Program Manager,

Stratospheric Protection Division (6205J), U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460.

(b) * * *

(1) * * * (i) * * *

(ii) * * *

[[Page 21688]]

(iii) Thorough knowledge of the standards as they appear in

appendix A and appendix B of this subpart, as applicable; and

* * * * *

5. Section 82.40 is amended by revising paragraph (a)(2)(i) to read

as follows:

Sec. 82.40 Technician training and certification.

(a) * * *

(2) * * *

(i) The standards established for the service and repair of motor

vehicle air conditioners as set forth in appendix A and appendix B to

this subpart. These standards relate to the recommended service

procedures for the containment of refrigerant, extraction equipment,

extraction and recycle equipment, and the standard of purity for

refrigerant in motor vehicle air conditioners.

* * * * *

6. Section 82.42 is amended by revising the last sentence of

paragraph (a)(1)(iii) to read as follows:

Sec. 82.42 Certification, recordkeeping and public notification

requirements.

(a) * * *

(1) * * *

(iii) * * * The certification should be sent to: MVACs Recycling

Program Manager, Stratospheric Protection Division, (6205J), U.S.

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

20460.

* * * * *

7. Appendix B is added to subpart B to read as follows:

Appendix B to Subpart B--Standard for Recover Equipment

SAE J1989, Recommended Service Procedure for the Containment of

R-12, as set forth under Appendix A, also applies to this Appendix

B.

SAE J2209, issued June, 1992.

SAE Recommended Practice: CFC-12 (R-12) Extraction Equipment for Mobile

Automotive Air-Conditioning Systems

Foreword

CFCs deplete the stratospheric ozone layer that protects the

earth against harmful ultraviolet radiation. To reduce the emissions

of CFCs, the 1990 Clean Air Act requires recycle of CFC-12 (R-12)

used in mobile air-conditioning systems to eliminate system venting

during service operations. SAE J1990 establishes equipment

specifications for on-site recovery and reuse of CFCs in mobile air-

conditioning systems. Establishing extraction equipment

specifications for CFC-12 will provide service facilities with

equipment to assure that venting of refrigerant will not occur.

1. Scope

The purpose of this document is to provide equipment

specifications for CFC-12 (R-12) recovery for recycling on-site or

for transport off-site to a refrigerant reclamation facility that

will process it to ARI (Air-Conditioning and Refrigeration

Institute) standard 700-93 as a minimum. It is not acceptable that

the refrigerant removed from a mobile air-conditioning system, with

this equipment, be directly returned to a mobile air-conditioning

system.

This information applies to equipment used to service

automobiles, light trucks, and other vehicles with similar CFC-12

systems.

2. References

2. Applicable Documents--The following documents form a part of

this specification to the extent specified herein.

2.1.1 SAE Publications--Available from SAE, 400 Commonwealth

Drive, Warrendale, PA 15096-0001.

SAE J639--Vehicle Service Coupling

SAE J1990--Extraction and Recycle Equipment for Mobile Automotive

Air-Conditioning Systems

SAE J2196--Service Hose for Automotive Air-Conditioning

2.1.2 ARI Publications--Available from Air-Conditioning and

Refrigeration Institute, 1501 Wilson Boulevard, Sixth Floor,

Arlington, VA 22209.

ARI 700-93--Specifications for Fluorocarbon Refrigerants

2.1.3 CGA Publications--Available from CGA, Crystal Gateway #1,

Suite 501, 1235 Jefferson Davis Highway, Arlington, VA 22202.

CGA S-1.1--Pressure Relief Device Standard Part 1--Cylinders for

Compressed Gases

2.1.4 DOT Specifications--Available from the Superintendent of

Documents, U.S. Government Printing Office, Washington, DC 20402.

49 CFR, Section 173.304--Shippers--General Requirements for

Shipments and Packagings

2.1.5 UL Publications--Available from Underwriters

Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096.

UL 1769--Cylinder Valves

3. Specifications and General Description

3.1 The equipment must be able to extract CFC-12 from a mobile

air-conditioning system.

3.2 The equipment discharge or transfer fitting shall be

unique to prevent the unintentional use of extracted CFC-12 to be

used for recharging auto air conditioners.

3.3 The equipment shall be suitable for use in an automotive

service garage environment as defined in 6.8.

3.4 Equipment Certification--The equipment must be certified by

Underwriters Laboratories or an equivalent certifying laboratory to

meet this standard.

3.5 Label Requirements--The equipment shall have a label

``Design Certified by (company name) to meet SAE J2209 for use with

CFC-12. The refrigerant from this equipment must be processed to ARI

700-93 specifications before reuse in a mobile air-conditioning

system.'' The minimum letter size shall be bold type 3mm in height.

4. Safety Requirements

4.1 The equipment must comply with applicable federal, state

and local requirements on equipment related to the handling of R-12

material. Safety precautions or notices or labels related to the

safe operation of the equipment shall also be prominently displayed

on the equipment and should also state ``CAUTION--SHOULD BE OPERATED

BY CERTIFIED PERSONNEL.'' The safety identification shall be located

on the front near the controls.

4.2 The equipment must comply with applicable safety standards

for electrical and mechanical requirements.

5. Operating Instructions

5.1 The equipment manufacturer must provide operating

instructions, necessary maintenance procedures and source

information for replacement parts and repair.

5.2 The equipment must prominently display the manufacturer's

name, address and any items that require maintenance or replacement

that affect the proper operation of the equipment. Operation manuals

must cover information for complete maintenance of the equipment to

assure proper operation.

6. Functional Description

6.1 The equipment must be capable of ensuring recovery of the

CFC-12 from the system being serviced, by reducing the system

pressure to a minimum of 102 mm of mercury below atmospheric. To

prevent system delayed outgassing, the unit must have a device that

assures that the refrigerant has been recovered from the air-

conditioning system.

6.1.1 Testing laboratory certification of the equipment

capability is required which shall process contaminated refrigerant

samples at specific temperatures.

6.2 The equipment must be preconditioned with 13.6 kg of the

standard contaminated CFC-12 at an ambient of 21 deg.C before

starting the test cycle. Sample amounts are not to exceed 1.13 kg

with sample amounts to be repeated every 5 minutes. The sample

method fixture defined in Figure 1 of appendix A shall be operated

at 24 deg.C. Contaminated CFC-12 samples shall be processed at

ambient temperatures of 10 and 49 deg.C.

6.2.1 Contaminated CFC-12 sample.

6.2.2 Standard contaminated CFC-12 refrigerant, 13.6 Kg sample

size, shall consist of liquid CFC-12 with 100 ppm (by weight)

moisture at 21 deg.C and 45,000 ppm (by weight) mineral oil 525

suspension nominal and 770 ppm (by weight) of noncondensable gases

(air).

6.3 Portable refillable containers used in conjunction with

this equipment must meet applicable DOT standards.

6.3.1 The container color must be gray with yellow top to

identify that it contains used CFC-12 refrigerant. It must be

permanently marked on the outside surface in black print at least 20

mm high ``DIRTY R-12--DO NOT USE, MUST BE REPROCESSED''.

6.3.2 The portable refillable container shall have a SAE 3/8

inch flare male thread connection as identified in SAE J639 CFC-12

High Pressure Charging Valve Figure 2. [[Page 21689]]

6.3.3 During operation the equipment shall provide overfill

protection to assure that the storage container liquid fill does not

exceed 80% of the tank's rated volume at 21 deg.C per DOT standard,

CFR Title 49, section 173.304 and the American Society of Mechanical

Engineers.

6.4 Additional Storage Tank Requirements.

6.4.1 The cylinder valve shall comply with the standard for

cylinder valves, UL 1769.

6.4.2 The pressure relief device shall comply with the pressure

relief device standard part 1, CGA pamphlet S-1.1.

6.4.3 The container assembly shall be marked to indicate the

first retest date, which shall be 5 years after date of manufacture.

The marking shall indicate that retest must be performed every

subsequent five years. The marking shall be in letters at least 6 mm

high.

6.5 All flexible hoses must meet SAE J2196 standard for service

hoses.

6.6 Service hoses must have shutoff devices located within 30

cm of the connection point to the system being serviced to minimize

introduction of noncondensable gases into the recovery equipment

during connection and the release of the refrigerant during

disconnection.

6.7 The equipment must be able to separate the lubricant from

the recovered refrigerant and accurately indicate the amount removed

from the system during processing in 30 ml units.

6.7.1 The purpose of indicating the amount of lubricant removed

is to ensure that a proper amount is returned to the mobile air-

conditioning system for compressor lubrication.

6.7.2 Refrigerant dissolved in this lubricant must be accounted

for to prevent system lubricant overcharge of the mobile air-

conditioning system.

6.7.3 Only new lubricant, as identified by the system

manufacturer, should be replaced in the mobile air-conditioning

system.

6.7.4 Removed lubricant from the system and/or the equipment

shall be disposed of in accordance with applicable federal, state

and local procedures and regulations.

6.8 The equipment must be capable of continuous operation in

ambient temperatures of 10 deg.C to 49 deg.C and comply with 6.1.

6.9 The equipment should be compatible with leak detection

material that may be present in the mobile air-conditioning system.

7.0 For test validation, the equipment is to be operated

according to the manufacturer's instructions.

[FR Doc. 95-10622 Filed 5-1-95; 8:45 am]

BILLING CODE 6560-50-P