59 FR 42950 | Ozone Depletion - Regulatory Programs

Vol. 59 No. 160 Friday, August 19, 1994 p 42950 (Rule)
1/1504

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5051-2]

Protection of Stratospheric Ozone; Refrigerant Recycling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rulemaking.

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

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.

³ {1} It should be noted that EPA has recently
proposed

³to extend this date for technicians that have been
trained,

³tested, and approved by an organization requesting to

³be grandfathered under 82.161(g). (See Federal
Register

³published 8/15/94).

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.

³ {2} Regulations concerning MVAC appliances were
promulgated

³under section 609 and published in the Federal Register

³on July 14, 1992 (57 FR 31241).

³ {3} MVAC-like equipment is defined in 82.152(1)

³as the mechanical vapor compression, open-drive
compressor

³appliances used to cool the driver's or passenger's
compartment

³of a non-road motor vehicle. This includes the
air-conditioning

³equipment on agricultural or construction vehicles.
This

³definition is not intended to cover appliances using

³HCFC-22 refrigerant.

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

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 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 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 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.

³ {4} The preamble to the section 609 rule states,
``service

³establishments owned by a single owner may recover
refrigerant

³and send the refrigerant to a central location for
recycling

³to the SAE J1991 standard for CFC-12'' (57 FR 31246).

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

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
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 øF for CFC-113 vs. 74.7 øF for CFC-11). Thus, for
refrigerants

with boiling points above 85 øF, 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 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, 82.156(a)(2)(iii),

that permits the use of equipment certified pursuant to
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 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 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, 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 82.156(b) are still required to meet

the other applicable requirements of 82.156 (e.g., evacuation

requirements).

³ {5} EPA understands that in general, pump-out units

³on chillers are equipped with their own pumps or
compressors,

³which are not used during the operation of the
appliance.

³Pump-out units equipped with their own compressors
would

³not be considered system-dependent recovery equipment.

³On the other hand, system receivers, which are not
equipped

³with their own compressors, would not be considered
recovery

³equipment at all because they are an integral part of

³the appliance.

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 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, 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, 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 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 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}

³ {6} Additional revisions to 82.161 have been
proposed

³by EPA. (See Federal Register published 8-15-94) These

³proposed changes will more clearly delineate who is
required

³to be certified.

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 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 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:

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:

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 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

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:

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

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

85ø 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 85ø

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 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 82.156.

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:

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:

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:

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

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:

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 øF [110 øC] 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

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 øF [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

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄ

³ Reporting units ³
Reference ³ R11 ³ R12 ³ R13 ³
R22 ³ R113 ³ R114 ³ R123 ³ R124

³ ³
(subclause) ³ ³ ³ ³
³ ³ ³ ³

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄ

³ ³
³ ³ ³ ³
³ ³ ³ ³

Characteristics*: ³ ³
³ ³ ³ ³
³ ³ ³ ³

Boiling Point*........ ³ F @ 1.00 atm...... ³
³ 74.9 ³ -21.6 ³ -114.6 ³ -41.4
³ 117.6 ³ 38.8 ³ 82.6 ³ 12.2

³ øC @ 1.00 atm..... ³
³ 23.8 ³ -29.8 ³ -81.4 ³
-40.8 ³ 47.6 ³ 3.8 ³ 27.9 ³ -11.0

Boiling Point Range*.. ³ K................. ³
³ 0.3 ³ 0.3 ³ 0.5 ³ 0.3
³ 0.3 ³ 0.3 ³ 0.3 ³ 0.3

Typical Isomer Content ³ By weight......... ³
³ ³ ³ ³
³ 0-1% ³ 0-30% ³ 0-8% ³ 0-5%

³ ³
³ ³ ³ ³
³ ³ ³ ³

³ .................. ³
³ ³ ³ ³
³ R113a ³ R114a ³ R123a ³ R124a

Vapor phase contaminants:³ ³
³ ³ ³ ³
³ ³ ³ ³

Air and other non- ³ % by volume @ 25 ³
5.9 ³ N/A** ³ 1.5 ³ 1.5 ³ 1.5
³ N/A** ³ 1.5 ³ N/A** ³ 1.5

condensables. ³ øC ³
³ ³ ³ ³
³ ³ ³ ³

Liquid phase ³ ³
³ ³ ³ ³
³ ³ ³ ³

contaminants: ³ ³
³ ³ ³ ³
³ ³ ³ ³

Water................. ³ ppm by weight..... ³
5.4 ³ 20 ³ 10 ³ 10 ³ 10
³ 20 ³ 10 ³ 20 ³ 10

All other impurities ³ % by weight....... ³
5.10 ³ 0.50 ³ 0.50 ³ 0.50 ³ 0.50
³ 0.50 ³ 0.50 ³ 0.50 ³ 0.50

including ³ ³
³ ³ ³ ³
³ ³ ³ ³

refrigerants. ³ ³
³ ³ ³ ³
³ ³ ³ ³

High boiling residue.. ³ % by volume....... ³
5.7 ³ 0.01 ³ 0.01 ³ 0.05 ³ 0.01
³ 0.03 ³ 0.01 ³ 0.01 ³ 0.01

Particulates/solids... ³ Visually clean to ³
5.8 ³ Pass ³ Pass ³ Pass ³ Pass
³ Pass ³ Pass ³ Pass ³ Pass

³ pass ³
³ ³ ³ ³
³ ³ ³ ³

Acidity............... ³ ppm by weight..... ³
5.6 ³ 1.0 ³ 1.0 ³ 1.0 ³ 1.0
³ 1.0 ³ 1.0 ³ 1.0 ³ 1.0

Chlorides***.......... ³ No visible ³
5.5 ³ Pass ³ Pass ³ Pass ³ Pass
³ Pass ³ Pass ³ Pass ³ Pass

³ turbidity ³
³ ³ ³ ³
³ ³ ³ ³

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄ

*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

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

³ ³ Refer- ³
³ ³ ³ ³
³ ³

³ Reporting ³ ence ³
³ ³ ³ ³
³ ³

³ units ³ (subc- ³
R401A ³ R401B ³ R402A ³ R402B
³ R500 ³ R502 ³ R503

³ ³ lause ³
³ ³ ³ ³
³ ³

³ ³ ) ³
³ ³ ³ ³
³ ³

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

³ ³ ³
³ ³ ³ ³
³ ³

Characteristics*: ³ ³ ³
³ ³ ³ ³
³ ³

Refrigerant ³ ............ ³ ³
R22/152a/ ³ R22/152a/ ³ R125/290/22 ³ R125/290/22
³ R12/152A ³ 522/115 ³ R23/13

Components. ³ ³ ³
124 ³ 124 ³ ³ ³
³ ³

Nominal Comp, ³ ............ ³ ³
53/13/34 ³ 61/11/28 ³ 60/2/38 ³ 38/2/60
³ 73.8/26.2 ³ 48.8/51.2 ³ 40.1/59.9

weight%. ³ ³ ³
³ ³ ³ ³
³ ³

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

weight%. ³ ³ ³
13.5/ ³ 11.5/ ³ 36-40 ³ -62
³ 25.2-27.2 ³ 47.2-55.2 ³

³ ³ ³
33-35 ³ 27-29 ³ ³
³ ³ ³

Boiling Point* . ³ F @ 1.00 atm ³ ³ -27.6
to - ³ -30.4 to - ³ -56.5 to - ³ -53.3 to -
³ ³ ³

³ ³ ³
16.0 ³ 18.5 ³ 52.9 ³ 49.0
³ ³ ³

³ C @ 1.00 atm ³ ³ -33.4
to - ³ -34.7 to - ³ -49.1 to - ³ -47.4 to -
³ -33.5 ³ -45.4 ³ -88.7

³ ³ ³
26.6 ³ 28.6 ³ 47.2 ³ 45.0
³ ³ ³

Boiling Point ³ K .......... ³ ³
³ ³ ³ ³
0.5 ³ 0.5 ³ 0.5

Range*. ³ ³ ³
³ ³ ³ ³
³ ³

Vapor Phase ³ ³ ³
³ ³ ³ ³
³ ³

Contaminants: ³ ³ ³
³ ³ ³ ³
³ ³

Air and other ³ % by volume ³ 5.9 ³
1.5 ³ 1.5 ³ 1.5 ³ 1.5 ³
1.5 ³ 1.5 ³ 1.5

non-. ³ @ 25øC ³ ³
³ ³ ³
³ ³ ³

condensables. ³ ³ ³
³ ³ ³ ³
³ ³

Liquid Phase ³ ³ ³
³ ³ ³ ³
³ ³

Contaminants: ³ ³ ³
³ ³ ³ ³
³ ³

Water .......... ³ ppm by ³ 5.4 ³
10 ³ 10 ³ 10 ³ 10 ³
10 ³ 10 ³ 10

³ weight ³ ³
³ ³ ³ ³
³ ³

All other ³ % by weight ³ 5.10 ³
0.50 ³ 0.50 ³ 0.50 ³ 0.50
³ 0.50 ³ 0.50 ³ 0.50

impurities ³ ³ ³
³ ³ ³ ³
³ ³

including ³ ³ ³
³ ³ ³ ³
³ ³

refrigerants. ³ ³ ³
³ ³ ³ ³
³ ³

High boiling ³ % by volume ³ 5.7 ³
0.01 ³ 0.01 ³ 0.01 ³ 0.01
³ 0.05 ³ 0.01 ³ 0.01

residue. ³ ³ ³
³ ³ ³ ³
³ ³

Particulates/ ³ Visually ³ 5.8 ³
Pass ³ Pass ³ Pass ³ Pass
³ Pass ³ Pass ³ Pass

solids. ³ clean to ³ ³
³ ³ ³ ³
³ ³

³ pass ³ ³
³ ³ ³ ³
³ ³

Acidity ........ ³ ppm by ³ 5.6 ³
1.0 ³ 1.0 ³ 1.0 ³ 1.0 ³
1.0 ³ 1.0 ³ 1.0

³ weight ³ ³
³ ³ ³ ³
³ ³

Chlorides** .... ³ No visible ³ 5.5 ³
Pass ³ Pass ³ Pass ³ Pass
³ Pass ³ Pass ³ Pass

³ turbidity ³ ³
³ ³ ³ ³
³ ³

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

*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.

* * * * *

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

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

The Contents entry for this article reads as follows:

Air programs:

Stratospheric ozone protection-

Refrigerant recycling, 42950

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