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
(C) Evacuate leaking components to be opened to the lowest
level that can be attained without substantially contaminating
the refrigerant. In no case shall this level exceed 0 psig.
Through an accidental omission, the requirements in
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.
(c) System-dependent equipment shall not be used with appliances
normally containing more than 15 pounds of refrigerant, unless
the system-dependent equipment is permanently attached to the
appliance as a pump-out unit.
* * * * *
(i) * * * (1) Owners of commercial refrigeration and industrial
process refrigeration equipment normally containing more than
50 pounds of refrigerant must have all leaks repaired if the
equipment is leaking at a rate such that the loss of refrigerant
will exceed 35 percent of the total charge during a 12-month
period, except as described in paragraph (i)(3) of this section.
* * * * *
5. Section 82.158 is amended by revising paragraphs (b)(2)
and (b)(6) to read as follows:
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
A;
(c) Release no more than 1.5 percent of the refrigerant during
the reclamation process; and
(d) Dispose of wastes from the reclamation process in accordance
with all applicable laws and regulations.
(e) The data elements for certification are as follows:
(1) The name and address of the reclaimer;
(2) A list of equipment used to reprocess and analyze the
refrigerant; and
(3) The owner or a responsible officer of the reclaimer must
sign the certification stating that the refrigerant will be
returned to at least the standard of purity set forth in appendix
A, that the purity of the refrigerant will be verified using
the methods set forth in appendix A, that no more than 1.5 percent
of the refrigerant will be released during the reclamation process,
that wastes from the reclamation process will be properly disposed
of, and that the information given is true and correct. The
certification should be sent to the following address: Section
608 Recycling Program Manager, Reclaimer Certification,
Stratospheric
Protection Division (6205J), U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC 20460.
* * * * *
8. Section 82.166 is amended by revising paragraphs (a) and
(b) to read as follows:
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
Register, 800 North Capitol Street, NW., Suite 700, Washington,
DC.
5.3.3 Required Values. The required values for boiling point
and boiling point range are given in table 1, Physical Properties
of Fluorocarbon Refrigerants and Maximum Contaminant Levels.
5.4 Water Content.
5.4.1 Method. The Coulometric Karl Fischer Titration shall
be the primary test method for determining the water content
of refrigerants. This method is described in Appendix-93 to
ARI Standard 700. This method can be used for refrigerants that
are either a liquid or a gas at room temperature, including
refrigerants 11 and 113, and 123. For all refrigerants, the
sample for water analysis shall be taken from the liquid phase
of the container to be tested. Proper operation of the analytical
method requires special equipment and an experienced operator.
The precision of the results is excellent if proper sampling
and handling procedures are followed. Refrigerants containing
a colored dye can be successfully analyzed for water using this
method.
5.4.2 Alternative Method. The Karl Fischer Test Method is
an acceptable alternative test method to the Coulometric Karl
Fischer Titration for determining the water content of
refrigerants.
This method is described in ASTM E700-79, (Reapproved 1990),
Standard Test Method for Water in Gases Using Karl Fischer Reagent
(American Society for Testing and Materials, Philadelphia, PA),
which is incorporated by reference. This incorporation by reference
was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained
from the American Society for Testing and Materials, Philadelphia,
PA. Copies may also be inspected at Public Docket No. A-92-01,
Waterside Mall (Ground Floor) Environmental Protection Agency,
401 M Street, SW., Washington, DC in room M-1500 or at the Office
of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC.
5.4.3 Limits. The value for water content shall be expressed
as parts per million by weight and shall not exceed the maximum
specified (see tables 1 and 1a).
5.5 Chloride. The refrigerant shall be tested for chloride
as an indication of the presence of hydrochloric acid and/or
metal chlorides. The recommended procedure is intended for use
with new or reclaimed refrigerants. Significant amounts of oil
may interfere with the results by indicating a failure in the
absence of chloride.
5.5.1 Method. The test method shall be that described in
Appendix-93 to ARI Standard 700. The test will show noticeable
turbidity at chloride levels of about 3 ppm by weight or higher.
5.5.2 Turbidity. The results of the test shall not exhibit
any sign of turbidity. Report the results as ``pass'' or ``fail.''
5.6 Acidity.
5.6.1 Method. The acidity test uses the titration principle
to detect any compound that is highly soluble in water and ionizes
as an acid. The test method shall be that described in Appendix-
93 to ARI Standard 700. This test may not be suitable for
determination
of high molecular weight organic acids; however these acids
will be found in the high boiling residue test outlined in 5.7.
The test requires a 100 to 120 gram sample and has a detection
limit of 0.1 ppm by weight calculated as HCl.
5.6.2 Limits. The maximum permissible acidity is 1 ppm by
weight as HCl.
5.7 High Boiling Residue.
5.7.1 Method. High boiling residue shall be determined by
measuring the residue of a standard volume of refrigerant after
evaporation. The refrigerant sample shall be evaporated at room
temperature or at a temperature 50 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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