[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2022 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Parts 82 to 84
Revised as of July 1, 2022
Containing a codification of documents of general
applicability and future effect
As of July 1, 2022
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
As of July 1, 2022
Title 40, Parts 82 to 86;
Title 40, Parts 87 to 95;
and
Title 40, Parts 96 to 99
Revised as of July 1, 2021
are replaced by
Title 40, Parts 82 to 84;
Title 40, Parts 85 to 96;
and
Title 40, Parts 97 to 99
[[Page v]]
Table of Contents
Page
Explanation................................................. vii
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 357
Alphabetical List of Agencies Appearing in the CFR...... 377
List of CFR Sections Affected........................... 387
[[Page vi]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 82.1 refers
to title 40, part 82,
section 1.
----------------------------
[[Page vii]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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collection request.
[[Page viii]]
Many agencies have begun publishing numerous OMB control numbers as
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[[Page ix]]
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2022
[[Page xi]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-seven
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts
72-79, part 80, part 81, parts 82-84, parts 85-96, parts 97-99, parts
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265,
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2022.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-IX--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, Gulf Coast Ecosystem Restoration
Council, and the Federal Permitting Improvement Steering Council appear
in volume thirty-seven.
For this volume, Robert J. Sheehan, III was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
John Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 82 to 84)
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Part
chapter i--Environmental Protection Agency (Continued)...... 82
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
82 Protection of stratospheric ozone........... 5
83
[Reserved]
84 Phasedown of hydrofluorocarbons............. 317
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 82_PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
Subpart A_Production and Consumption Controls
Sec.
82.1 Purpose and scope.
82.2 [Reserved]
82.3 Definitions for class I and class II controlled substances.
82.4 Prohibitions for class I controlled substances.
82.5 Apportionment of baseline production allowances for class I
controlled substances.
82.6 Apportionment of baseline consumption allowances for class I
controlled substances.
82.7 Grant and phase reduction of baseline production and consumption
allowances for class I controlled substances.
82.8 Grant of essential use allowances and critical use allowances.
82.9 Availability of production allowances in addition to baseline
production allowances for class I controlled substances.
82.10 [Reserved]
82.11 Exports of class I controlled substances to Article 5 Parties.
82.12 Transfers of allowances for class I controlled substances.
82.13 Recordkeeping and reporting requirements for class I controlled
substances.
82.14 Process for electronic reporting.
82.15 Prohibitions for class II controlled substances.
82.16 Phaseout schedule of class II controlled substances.
82.17 Apportionment of baseline production allowances for class II
controlled substances.
82.18 Availability of production in addition to baseline production
allowances for class II controlled substances.
82.19 Apportionment of baseline consumption allowances for class II
controlled substances.
82.20 Availability of consumption allowances in addition to baseline
consumption allowances for class II controlled substances.
82.21-82.22 [Reserved]
82.23 Transfers of allowances of class II controlled substances.
82.24 Recordkeeping and reporting requirements for class II controlled
substances.
Appendix A to Subpart A of Part 82--Class I Controlled Substances
Appendix B to Subpart A of Part 82--Class II Controlled Substances
Appendix C to Subpart A of Part 82 [Reserved]
Appendix D to Subpart A of Part 82--Harmonized Tariff Schedule
Description of Products That May Contain Controlled Substances
in Appendix A, Class I, Groups I and II
Appendix E to Subpart A of Part 82--Article 5 Parties
Appendix F to Subpart A of Part 82--Listing of Ozone-Depleting Chemicals
Appendix G to Subpart A of Part 82--UNEP Recommendations for Conditions
Applied to Exemption for Essential Laboratory and Analytical
Uses
Appendix H to Subpart A of Part 82--Clean Air Act Amendments of 1990
Phaseout Schedule for Production of Ozone-Depleting Substances
Appendix I to Subpart A of Part 82--Global Warming Potentials (Mass
Basis), Referenced to the Absolute GWP for the Adopted Carbon
Cycle Model CO2 Decay Response and Future
CO2 Atmospheric Concentrations Held Constant at
Current Levels. (Only Direct Effects Are Considered.)
Appendix J to Subpart A of Part 82--Parties to the Montreal Protocol
Classified Under Article 5(1) That Have Banned the Import of
Controlled Products That Rely on Class I Controlled Substances
for Their Continuing Functioning [Reserved]
Appendix K to Subpart A of Part 82--Commodity Codes From the Harmonized
Tariff Schedule for Controlled Substances and Used Controlled
Substances
Appendix L to Subpart A of Part 82--Approved Critical Uses and Limiting
Critical Conditions for Those Uses
Subpart B_Servicing of Motor Vehicle Air Conditioners
82.30 Purpose and scope.
82.31 Incorporation by reference.
82.32 Definitions.
82.34 Prohibitions and required practices.
82.36 Approved refrigerant handling equipment.
82.38 Approved independent standards testing organizations.
82.40 Technician training and certification.
82.42 Certification, recordkeeping and public notification
requirements.
Appendix A to Subpart B of Part 82--Standard for Recycle/Recover
Equipment
Appendix B to Subpart B of Part 82--Standard for Recover Equipment
[[Page 6]]
Appendix C to Subpart B of Part 82--SAE J2788 Standard for Recovery/
Recycle and Recovery/Recycle/Recharging Equipment for HFC-134a
Refrigerant
Appendix D to Subpart B of Part 82--SAE J2810 Standard for Recovery Only
Equipment for HFC-134a Refrigerant
Appendix E to Subpart B of Part 82--The Standard for Automotive
Refrigerant Recycling Equipment Intended for Use With Both
CFC-12 and HFC-134a
Appendix F to Subpart B of Part 82--Standard for Recover-Only Equipment
That Extracts a Single, Specific Refrigerant Other Than CFC-
12, HFC-134a, or R-1234yf
Subpart C_Ban on Nonessential Products Containing Class I Substances and
Ban on Nonessential Products Containing or Manufactured With Class II
Substances
82.60 Purpose.
82.62 Definitions.
82.64 Prohibitions.
82.65 Temporary exemptions.
82.66 Nonessential Class I products and exceptions.
82.68 Verification and public notice requirements.
82.70 Nonessential Class II products and exceptions.
Subpart D_Federal Procurement
82.80 Purpose and scope.
82.82 Definitions.
82.84 Requirements.
82.86 Reporting requirements.
Subpart E_The Labeling of Products Using Ozone-Depleting Substances
82.100 Purpose.
82.102 Applicability.
82.104 Definitions.
82.106 Warning statement requirements.
82.108 Placement of warning statement.
82.110 Form of label bearing warning statement.
82.112 Removal of label bearing warning statement.
82.114 Compliance by manufacturers and importers with requirements for
labeling of containers of controlled substances, or products
containing controlled substances.
82.116 Compliance by manufacturers or importers incorporating products
manufactured with controlled substances.
82.118 Compliance by wholesalers, distributors and retailers.
82.120 Petitions.
82.122 Certification, recordkeeping, and notice requirements.
82.124 Prohibitions.
Subpart F_Recycling and Emissions Reduction
82.150 Purpose and scope.
82.152 Definitions.
82.154 Prohibitions.
82.155 Safe disposal of appliances.
82.156 Proper evacuation of refrigerant from appliances.
82.157 Appliance maintenance and leak repair.
82.158 Standards for recovery and/or recycling equipment.
82.160 Approved equipment testing organizations.
82.161 Technician certification.
82.162 [Reserved]
82.164 Reclaimer certification.
82.166 Reporting and recordkeeping requirements for leak repair.
82.168 Incorporation by reference.
82.169 Suspension and revocation procedures.
Appendix A to Subpart F of Part 82--Specifications for Refrigerants
Appendix A1 to Subpart F of Part 82--Generic Maximum Contaminant Levels
Appendix B1 to Subpart F of Part 82--Performance of Refrigerant
Recovery, Recycling and/or Reclaim Equipment
Appendix B2 to Subpart F of Part 82--Performance of Refrigerant
Recovery, Recycling, and/or Reclaim Equipment
Appendix B3 to Subpart F of Part 82--Performance of Refrigerant
Recovery, Recycling, and/or Reclaim Equipment
Appendix B4 to Subpart F of Part 82--Performance and Safety of Flammable
Refrigerant Recovery and/or Recycling Equipment
Appendix C to Subpart F of Part 82--Method for Testing Recovery Devices
for Use With Small Appliances
Appendix D to Subpart F of Part 82--Standards for Becoming a Certifying
Program for Technicians
Appendix E to Subpart F of Part 82--Test Procedure for Leaks From
Containers Holding Two Pounds or Less of Refrigerant for Use
in an MVAC
Subpart G_Significant New Alternatives Policy Program
82.170 Purpose and scope.
82.172 Definitions.
82.174 Prohibitions.
82.176 Applicability.
82.178 Information required to be submitted.
82.180 Agency review of SNAP submissions.
82.182 Confidentiality of data.
82.184 Petitions.
Appendix A to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
[[Page 7]]
Appendix B to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
Appendix C to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the May
22, 1996 Final Rule, Effective June 21, 1996
Appendix D to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
Appendix E to Subpart G of Part 82--Unacceptable Substitutes Listed in
the January 26, 1999 Final Rule, Effective January 26, 1999
Appendix F to Subpart G of Part 82--Unacceptable Substitutes Listed in
the January 26, 1999 Final Rule, Effective January 26, 1999
Appendix G to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the March
3, 1999, Final Rule, Effective April 2, 1999
Appendix H to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes, Effective May 28,
1999
Appendix I to Subpart G of Part 82--Substitutes Subject to Use
Restrictions, Listed in the April 26, 2000, Final Rule,
Effective May 26, 2000
Appendix J to Subpart G of Part 82--Substitutes listed in the January
29, 2002 Final Rule, effective April 1, 2002
Appendix K to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the July
22, 2002, Final Rule, Effective August 21, 2002
Appendix L to Subpart G of Part 82--Substitutes Listed in the January
27, 2003, Final Rule, Effective March 28, 2003
Appendix M to Subpart G of Part 82--Unacceptable Substitutes Listed in
the September 30, 2004 Final Rule, Effective November 29, 2004
Appendix N to Subpart G of Part 82 [Reserved]
Appendix O to Subpart G of Part 82--Substitutes Listed in the September
27, 2006 Final Rule, Effective November 27, 2006
Appendix P to Subpart G of Part 82--Substitutes Listed in the September
27, 2006 Final Rule, Effective November 27, 2006
Appendix Q to Subpart G of Part 82--Unacceptable Substitutes Listed in
the March 28, 2007 Final Rule, Effective May 29, 2007
Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011 Final Rule,
Effective February 21, 2012
Appendix S to Subpart G of Part 82--Substitutes Listed in the September
19, 2012 Final Rule, Effective December 18, 2012.
Appendix T to Subpart G of Part 82--Substitutes listed in the April 29,
2013 Final Rule, effective May 29, 2013.
Appendix U to Subpart G of Part 82--Unacceptable Substitutes and
Substitutes Subject to Use Restrictions Listed in the July 20,
2015 Final Rule, Effective August 19, 2015
Appendix V to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the
December 1, 2016 Final Rule
Appendix W to Subpart G of Part 82--Substitutes Listed in the May 6,
2021 Final Rule--Effective June 7, 2021
Subpart H_Halon Emissions Reduction
82.250 Purpose and scope.
82.260 Definitions.
82.270 Prohibitions.
Subpart I_Ban on Refrigeration and Air-Conditioning Appliances
Containing HCFCs
82.300 Purpose.
82.302 Definitions.
82.304 Prohibitions.
82.306 Prohibited products.
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Source: 57 FR 33787, July 30, 1992, unless otherwise noted.
Subpart A_Production and Consumption Controls
Source: 60 FR 24986, May 10, 1995, unless otherwise noted.
Sec. 82.1 Purpose and scope.
(a) The purpose of the regulations in this subpart is to implement
the Montreal Protocol on Substances that Deplete the Ozone Layer and
sections 602, 603, 604, 605, 606, 607, 614 and 616 of the Clean Air Act
Amendments of 1990, Public Law 101-549. The Protocol and section 604
impose limits on the production and consumption (defined as production
plus imports minus exports, excluding transhipments and used controlled
substances) of certain ozone-depleting substances, according to
specified schedules. The Protocol also requires each nation that becomes
a Party to the agreement to impose certain restrictions on trade in
ozone-depleting substances with non-Parties.
[[Page 8]]
(b) This subpart applies to any person that produces, transforms,
destroys, imports or exports a controlled substance or imports or
exports a controlled product.
[63 FR 41642, Aug. 4, 1998]
Sec. 82.2 [Reserved]
Sec. 82.3 Definitions for class I and class II controlled substances.
As used in this subpart, the term:
Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized representative.
Starting May 18, 2020, reports and petitions that are available to be
submitted through the Central Data Exchange, as well as any related
supporting documents, must be submitted through that tool. Any other
reports and communications shall be submitted to Stratospheric
Protection Manager, 1200 Pennsylvania Ave. NW, Mail Code: 6205T,
Washington, DC 20460.
Aircraft halon bottle means a vessel used as a component of an
aircraft fire suppression system containing halon-1301 or halon-1211
approved under FAA rules for installation in a certificated aircraft.
Appliance means any device which contains and uses a refrigerant and
which is used for household or commercial purposes, including any air
conditioner, refrigerator, chiller, or freezer.
Applicator means the person who applies methyl bromide.
Approved critical use(s) means those uses of methyl bromide listed
in Column A of appendix L to this subpart as further clarified in
Columns B and C of that appendix.
Approved critical user(s) means a person who:
(1) For the applicable control period, applied to EPA for a critical
use exemption or is a member of a consortium that applied to EPA for a
critical use exemption for a use and location of use that was included
in the U.S. nomination, authorized by a Decision of the Parties to the
Montreal Protocol, and then finally determined by EPA in a notice-and-
comment rulemaking to be an approved critical use; and
(2) Has an area in the applicable location of use that requires
methyl bromide fumigation because the person reasonably expects that the
area will be subject to a limiting critical condition during the
applicable control period.
Article 5 allowances means the allowances apportioned under
Sec. Sec. 82.9(a), 82.11(a)(2), and 82.18(a).
Baseline consumption allowances means the consumption allowances
apportioned under Sec. Sec. 82.6 and 82.19.
Baseline production allowances means the production allowances
apportioned under Sec. Sec. 82.5 and 82.17.
Beijing Amendments means the Montreal Protocol, as amended at the
Eleventh Meeting of the Parties to the Montreal Protocol in Beijing in
1999.
Calculated level means the weighted amount of a controlled substance
determined by multiplying the amount (in kilograms) of the controlled
substance by that substance's ozone depletion potential (ODP) weight
listed in appendix A or appendix B to this subpart.
Central Data Exchange means EPA's centralized electronic document
receiving system, or its successors.
Class I refers to the controlled substances listed in appendix A to
this subpart.
Class II refers to the controlled substances listed in appendix B to
this subpart.
Commodity Owner, Shipper or their Agent means the person requesting
that an applicator use methyl bromide for quarantine or preshipment
applications.
Completely destroy means to cause the expiration of a controlled
substance at a destruction efficiency of 98 percent or greater, using
one of the destruction technologies approved by the Parties.
Confer means to shift the essential-use allowances obtained under
Sec. 82.8 from the holder of the unexpended essential-use allowances to
a person for the production of a specified controlled substance.
Consortium means an organization representing a group of methyl
bromide users that has collectively submitted an application for a
critical use exemption on behalf of all members of the group. The
members of a consortium shall be determined on the basis
[[Page 9]]
of the rules established by the organization. Members may either be
required to formally join the consortium (e.g., by submitting an
application or paying dues) or may automatically become members upon
meeting particular criteria (e.g., a grower of a specific crop in a
particular region).
Consumption means the production plus imports minus exports of a
controlled substance (other than transhipments, or used controlled
substances).
Consumption allowances means the privileges granted by this subpart
to produce and import controlled substances; however, consumption
allowances may be used to produce controlled substances only in
conjunction with production allowances. A person's consumption
allowances for class I substances are the total of the allowances
obtained under Sec. Sec. 82.6 and 82.7 as may be modified under Sec.
82.12 (transfer of allowances). A person's consumption allowances for
class II controlled substances are the total of the allowances obtained
under Sec. Sec. 82.19 and 82.20, as may be modified under Sec. 82.23.
Control period means the period from January 1, 1992 through
December 31, 1992, and each twelve-month period from January 1 through
December 31, thereafter.
Controlled product means a product that contains a controlled
substance listed as a Class I, Group I or II substance in appendix A to
this subpart. Controlled products include, but are not limited to, those
products listed in appendix D to this subpart.
Controlled products belong to one or more of the following six
categories of products:
(1) Automobile and truck air conditioning units (whether
incorporated in vehicles or not);
(2) Domestic and commercial refrigeration and air-conditioning/heat
pump equipment (whether containing controlled substances as a
refrigerant and/or in insulating material of the product), e.g.
Refrigerators, Freezers, Dehumidifiers, Water coolers, Ice machines,
Air-conditioning and heat pump units;
(3) Aerosol products, except medical aerosols;
(4) Portable fire extinguishers;
(5) Insulation boards, panels and pipe covers;
(6) Pre-polymers.
Controlled substance means any substance listed in appendix A or
appendix B to this subpart, whether existing alone or in a mixture, but
excluding any such substance or mixture that is in a manufactured
product other than a container used for the transportation or storage of
the substance or mixture. Thus, any amount of a listed substance in
appendix A or appendix B to this subpart that is not part of a use
system containing the substance is a controlled substance. If a listed
substance or mixture must first be transferred from a bulk container to
another container, vessel, or piece of equipment in order to realize its
intended use, the listed substance or mixture is a ``controlled
substance.'' The inadvertent or coincidental creation of insignificant
quantities of a listed substance in appendix A or appendix B to this
subpart; during a chemical manufacturing process, resulting from
unreacted feedstock, from the listed substance's use as a process agent
present as a trace quantity in the chemical substance being
manufactured, or as an unintended byproduct of research and development
applications, is not deemed a controlled substance. Controlled
substances are divided into two classes, Class I in appendix A to this
subpart, and Class II listed in appendix B to this subpart. Class I
substances are further divided into eight groups, Group I, Group II,
Group III, Group IV, Group V, Group VI, Group VII, and Group VIII, as
set forth in appendix A to this subpart.
Copenhagen Amendments means the Montreal Protocol on Substances That
Deplete the Ozone Layer, as amended at the Fourth Meeting of the Parties
to the Montreal Protocol in Copenhagen in 1992.
Critical use means a circumstance in which the following two
conditions are satisfied:
(1) There are no technically and economically feasible alternatives
or substitutes for methyl bromide available that are acceptable from the
standpoint of environment and health and are suitable to the crops and
circumstances involved, and
[[Page 10]]
(2) The lack of availability of methyl bromide for a particular use
would result in significant market disruption.
Critical use allowance (CUA) means the privilege granted by this
subpart to produce or import one (1) kilogram of methyl bromide for an
approved critical use during the specified control period. A person's
critical use allowances are the total of the allowances obtained under
Sec. 82.8(c) as may be modified under Sec. 82.12 (transfer of
allowances).
Critical use allowance for pre-plant uses means the privilege
granted by this subpart to produce or import one (1) kilogram of methyl
bromide solely for an approved critical use in pre-plant categories
specified in Appendix L to this subpart during the specified control
period. A person's critical use allowances for pre-plant uses are the
total of the allowances obtained under Sec. 82.8(c) as may be modified
under Sec. 82.12 (transfer of allowances).
Critical use allowance for post-harvest uses means the privilege
granted by this subpart to produce or import one (1) kilogram of methyl
bromide solely for an approved critical use in post-harvest categories
specified in appendix L to this subpart during the specified control
period. A person's critical use allowances for post-harvest uses are the
total of the allowances obtained under Sec. 82.8(c) as may be modified
under Sec. 82.12 (transfer of allowances).
Critical use allowance (CUA) holder means an entity to which EPA
allocates a quantity of critical use allowances as reflected in Sec.
82.8(c) or who receives a quantity of critical use allowances through a
transfer under Sec. 82.12.
Critical use methyl bromide means the class I, Group VI controlled
substance produced or imported through expending a critical use
allowance or that portion of inventory produced or imported prior to the
January 1, 2005 phaseout date that is sold only for approved critical
uses.
Destruction means the expiration of a controlled substance to the
destruction and removal efficiency actually achieved, unless considered
completely destroyed as defined in this section. Such destruction might
result in a commercially useful end product, but such usefulness would
be secondary to the act of destruction. Destruction must be achieved
using one of the following controlled processes approved by the Parties
to the Protocol:
(1) Liquid injection incineration;
(2) Reactor cracking;
(3) Gaseous/fume oxidation;
(4) Rotary kiln incineration;
(5) Cement kiln;
(6) Radio frequency plasma;
(7) Municipal waste incinerators (only for the destruction of
foams);
(8) Nitrogen plasma arc;
(9) Portable plasma arc;
(10) Argon plasma arc;
(11) Chemical reaction with hydrogen and carbon dioxide;
(12) Inductively coupled radio frequency plasma;
(13) Microwave plasma;
(14) Porous thermal reactor;
(15) Gas phase catalytic de-halogenation;
(16) Superheated steam reactor; or
(17) Thermal reaction with methane.
Distributor of methyl bromide means the person directly selling a
class I, Group VI controlled substance to an applicator.
Essential Metered Dose Inhaler (Essential MDI) means metered dose
inhalers for the treatment of asthma and chronic obstructive pulmonary
disease, approved by the Food and Drug Administration or by another
Party's analogous health authority before December 31, 2000, and
considered to be essential by the Party where the MDI product will
eventually be sold. In addition, if the MDI product is to be sold in the
U.S., the active moiety contained in the MDI must be listed as essential
at 21 CFR 2.125(e).
Essential-Use Allowances means the privileges granted by Sec.
82.4(n) to produce class I substances, as determined by allocation
decisions made by the Parties to the Montreal Protocol and in accordance
with the restrictions delineated in the Clean Air Act Amendments of
1990.
Essential-Use Chlorofluorocarbons (Essential-use CFCs) are the CFCs
(CFC-11, CFC-12, or CFC-114) produced under the authority of essential-
use allowances and not the allowances themselves. Essential-use CFCs
include CFCs imported or produced by U.S. entities
[[Page 11]]
under the authority of essential-use allowances for use in essential
metered dose inhalers, as well as CFCs imported or produced by non-U.S.
entities under the authority of privileges granted by the Parties and
the national authority of another country for use in essential metered
dose inhalers.
Essential-Uses means those uses of controlled substances designated
by the Parties to the Protocol to be necessary for the health and safety
of, or critical for the functioning of, society; and for which there are
no available technically and economically feasible alternatives or
substitutes that are acceptable from the standpoint of environment and
health. Beginning January 1, 2000 (January 1, 2002 for methyl
chloroform) the essential use designations for class I substances must
be made in accordance with the provisions of the Clean Air Act
Amendments of 1990.
Export means the transport of virgin or used controlled substances
from inside the United States or its territories to persons outside the
United States or its territories, excluding United States military bases
and ships for on-board use.
Export production allowances means the privileges granted by Sec.
82.18(b) to produce HCFC-141b for export following the phaseout of HCFC-
141b on January 1, 2003.
Exporter means the person who contracts to sell controlled
substances for export or transfers controlled substances to his
affiliate in another country.
Facility means any process equipment (e.g., reactor, distillation
column) used to convert raw materials or feedstock chemicals into
controlled substances or consume controlled substances in the production
of other chemicals.
Foreign state means an entity which is recognized as a sovereign
nation or country other than the United States of America. \1\
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\1\ Taiwan is not considered a foreign state.
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Foreign state complying with, when referring to a foreign state not
Party to the 1987 Montreal Protocol, the London Amendment, the
Copenhagen Amendment, or the Beijing Amendment, means any foreign state
that has been determined to be complying with the 1987 Montreal Protocol
or the specified amendments by a Meeting of the Parties.
Foreign state not Party to or Non-Party means a foreign state that
has not deposited instruments of ratification, acceptance, or other form
of approval with the Directorate of the United Nations Secretariat,
evidencing the foreign state's ratification of the provisions of the
1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment,
or the Beijing Amendment, as specified.
Halon bank means a facility run by a national government or
privately run and authorized by a national government that collects and
stores previously-recovered halon for reuse at a later date.granted to a
HCFC-141b formulator; an agency, department, or instrumentality of the
U.S.; or a non-governmental space vehicle entity by this subpart to
order production of or to import HCFC-141b, as determined in accordance
with Sec. 82.16(h).
Heel means the amount of a controlled substance that remains in a
container after it is discharged or off-loaded (that is no more than ten
percent of the volume of the container).
Hydrostatic testing means checking a gas pressure vessel for leaks
or flaws. The vessel is filled with a nearly incompressible liquid--
usually water or oil--and examined for leaks or permanent changes in
shape.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into any place subject to the
jurisdiction of the United States whether or not such landing, bringing,
or introduction constitutes an importation within the meaning of the
customs laws of the United States, with the following exemptions:
(1) Off-loading used or excess controlled substances or controlled
products from a ship during servicing,
(2) Bringing controlled substances into the U.S. from Mexico where
the controlled substance had been admitted into Mexico in bond and was
of U.S. origin, and
(3) Bringing a controlled product into the U.S. when transported in
a consignment of personal or household effects
[[Page 12]]
or in a similar non-commercial situation normally exempted from U.S.
Customs attention.
Importer means any person who imports a controlled substance or a
controlled product into the United States. ``Importer'' includes the
person primarily liable for the payment of any duties on the merchandise
or an authorized agent acting on his or her behalf. The term also
includes, as appropriate:
(1) The consignee;
(2) The importer of record;
(3) The actual owner; or
(4) The transferee, if the right to draw merchandise in a bonded
warehouse has been transferred.
Individual shipment means the kilograms of a controlled substance
for which a person may make one (1) U.S. Customs entry, as identified in
the non-objection letter from the Administrator under Sec. Sec.
82.13(g) and 82.24(c).
Interstate commerce means the distribution or transportation of any
controlled substance between one state, territory, possession or the
District of Columbia, and another state, territory, possession or the
District of Columbia, or the sale, use or manufacture of any controlled
substance in more than one state, territory, possession or District of
Columbia. The entry points for which a controlled substance is
introduced into interstate commerce are the release of a controlled
substance from the facility in which the controlled substance was
manufactured, the entry into a warehouse from which the domestic
manufacturer releases the controlled substance for sale or distribution,
and at the site of United States customs clearance.
Limiting critical condition means the regulatory, technical, and
economic circumstances listed in Column C of Appendix L to this subpart
that establish conditions of critical use for methyl bromide in a
fumigation area.
Location of use means the geographic area (such as a state, region,
or the entire United States) covered by an application for a critical
use exemption in which the limiting critical condition may occur.
London Amendments means the Montreal Protocol, as amended at the
Second Meeting of the Parties to the Montreal Protocol in London in
1990.
Manufactured, for an appliance, means the date upon which the
appliance's refrigerant circuit is complete, the appliance can function,
the appliance holds a full refrigerant charge, and the appliance is
ready for use for its intended purposes; and for a pre-charged appliance
component, means the date that such component is completely produced by
the original equipment manufacture, charged with refrigerant, and is
ready for initial sale or distribution in interstate commerce.
Montreal Anniversary amendments means the Montreal Protocol, as
amended at the Ninth Meeting of the Parties to the Montreal Protocol in
Montreal in 1997.
Montreal Protocol means the Montreal Protocol on Substances that
Deplete the Ozone Layer, a protocol to the Vienna Convention for the
Protection of the Ozone Layer, including adjustments adopted by the
Parties thereto and amendments that have entered into force.
1987 Montreal Protocol means the Montreal Protocol, as originally
adopted by the Parties in 1987.
Non-Objection notice means the privilege granted by the
Administrator to import a specific individual shipment of a controlled
substance in accordance with Sec. Sec. 82.13(g)(2), (3), and (5) and
82.24(c)(3), (4), and (6).
Party means a foreign state that has deposited instruments of
ratification, acceptance, or other form of approval with the Directorate
of the United Nations Secretariat, evidencing the foreign state's
ratification of the provisions of the 1987 Montreal Protocol, the London
Amendment, the Copenhagen Amendment, or the Beijing Amendment, as
specified. (For ratification status, see: http://ozone.unep.org/
new_site/en/treaty_ratification_status.php.)
Person means any individual or legal entity, including an
individual, corporation, partnership, association, state, municipality,
political subdivision of a state, Indian tribe; any agency, department,
or instrumentality of the United States; and any officer, agent, or
employee thereof.
[[Page 13]]
Plant means one or more facilities at the same location owned by or
under common control of the same person.
Preshipment applications, with respect to class I, Group VI
controlled substances, are those non-quarantine applications applied
within 21 days prior to export to meet the official requirements of the
importing country or existing official requirements of the exporting
country. Official requirements are those which are performed by, or
authorized by, a national plant, animal, environmental, health or stored
product authority.
Production means the manufacture of a controlled substance from any
raw material or feedstock chemical, but does not include:
(1) The manufacture of a controlled substance that is subsequently
transformed;
(2) The reuse or recycling of a controlled substance;
(3) Amounts that are destroyed by approved destruction technologies;
or
(4) Amounts that are spilled or vented unintentionally.
Production allowances means the privileges granted by this subpart
to produce controlled substances; however, production allowances may be
used to produce controlled substances only in conjunction with
consumption allowances. A person's production allowances for class I
substances are the total of the allowances obtained under Sec. Sec.
82.5, 82.7 and 82.9, and as may be modified under Sec. 82.12 (transfer
of allowances). A person's production allowances for class II controlled
substances are the total of the allowances obtained under Sec. 82.17
and as may be modified under Sec. Sec. 82.18 and 82.23.
Quarantine applications, with respect to class I, Group VI
controlled substances, are treatments to prevent the introduction,
establishment and/or spread of quarantine pests (including diseases), or
to ensure their official control, where: (1) Official control is that
performed by, or authorized by, a national (including state, tribal or
local) plant, animal or environmental protection or health authority;
(2) quarantine pests are pests of potential importance to the areas
endangered thereby and not yet present there, or present but not widely
distributed and being officially controlled. This definition excludes
treatments of commodities not entering or leaving the United States or
any State (or political subdivision thereof).
Source facility means the location at which a used controlled
substance was recovered from a piece of equipment, including the name of
the company responsible for, or owning the piece of equipment, a contact
person at the location, the mailing address for that specific location,
and a phone number and a fax number for the contact person at the
location.
Space vehicle means a man-made device, either manned or unmanned,
designed for operation beyond earth's atmosphere. This definition
includes integral equipment such as models, mock-ups, prototypes, molds,
jigs, tooling, hardware jackets, and test coupons. Also included is
auxiliary equipment associated with tests, transport, and storage, which
through contamination can compromise the space vehicle performance.
Third party applicator means an applicator of critical use methyl
bromide who fumigates or treats commodities, structures, crops, or land
on behalf of an approved critical user.
Transform means to use and entirely consume (except for trace
quantities) a controlled substance in the manufacture of other chemicals
for commercial purposes.
Transhipment means the continuous shipment of a controlled
substance, from a foreign state of origin through the United States or
its territories, to a second foreign state of final destination, as long
as the shipment does not enter into United States jurisdiction. A
transhipment, as it moves through the United States or its territories,
cannot be re-packaged, sorted or otherwise changed in condition.
Unexpended Article 5 allowances means Article 5 allowances that have
not been used. At any time in any control period a person's unexpended
Article 5 allowances are the total of the level of Article 5 allowances
the person has authorization under this subpart to hold at that time for
that control period, minus the level of controlled substances that the
person has produced in that control period until that time.
[[Page 14]]
Unexpended consumption allowances means consumption allowances that
have not been used. At any time in any control period a person's
unexpended consumption allowances are the total of the level of
consumption allowances the person has authorization under this subpart
to hold at that time for that control period, minus the level of
controlled substances that the person has produced or imported (not
including transhipments and used controlled substances) in that control
period until that time.
Unexpended critical use allowances (CUA) means critical use
allowances against which methyl bromide has not yet been produced or
imported. At any time in any control period a person's unexpended
critical use allowances are the total of the level of critical use
allowances the person holds at that time for that control period, minus
the level of class I, Group VI controlled substances that the person has
produced or has imported solely for approved critical uses in that
control period.
Unexpended destruction and transformation credits means destruction
and transformation credits that have not been used. At any time in any
control period a person's unexpended destruction and transformation
credits are the total of the level of destruction and transformation
credits the person has authorization under this subpart to hold at that
time for that control period, minus the level of controlled substances
that the person has produced or imported (not including transhipments
and used controlled substances) in that control period until that time.
Unexpended essential-use allowances means essential-use allowances
that have not been used. At any time in any control period a person's
unexpended essential-use allowances are the total of the level of
essential-use allowances the person has authorization under this subpart
to hold at that time for that control period, minus the level of
controlled substances that the person has imported or had produced in
that control period until that time.
Unexpended export production allowances means export production
allowances that have not been used. A person's unexpended export
production allowances are the total of the quantity of the export
production allowances the person has authorization under Sec. 82.18(h)
to hold for that control period, minus the quantity of class II
controlled substances that the person has produced at that time during
the same control period.
Unexpended production allowances means production allowances that
have not been used. At any time in any control period a person's
unexpended production allowances are the total of the level of
production allowances he has authorization under this subpart to hold at
that time for that control period, minus the level of controlled
substances that the person has produced in that control period until
that time.
Use of a class II controlled substance, for the purposes of Sec.
82.15 of this subpart, includes but is not limited to, use in a
manufacturing process, use in manufacturing a product, intermediate uses
such as formulation or packaging for other subsequent uses, and use in
maintaining, servicing, or repairing an appliance or other piece of
equipment. Use of a class II controlled substance also includes use of
that controlled substance when it is removed from a container used for
the transportation or storage of the substance but does not include use
of a manufactured product containing a controlled substance.
Used controlled substances means controlled substances that have
been recovered from their intended use systems (may include controlled
substances that have been, or may be subsequently, recycled or
reclaimed).
[60 FR 24986, May 10, 1995]
Editorial Note: For Federal Register citations affecting Sec. 82.3,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 82.4 Prohibitions for class I controlled substances.
(a)(1) Prior to January 1, 1996, for all Groups of class I
controlled substances, and prior to January 1, 2005, for class I, Group
VI controlled substances, no person may produce, at any time in any
control period, (except that are transformed or destroyed domestically
or by a person of another Party) in excess of
[[Page 15]]
the amount of unexpended production allowances or unexpended Article 5
allowances for that substance held by that person under the authority of
this subpart at that time for that control period. Every kilogram of
excess production constitutes a separate violation of this subpart.
(2) Effective January 1, 2003, production of class I, Group VI
controlled substances is not subject to the prohibitions in paragraph
(a)(1) of this section if it is solely for quarantine or preshipment
applications as defined in this subpart.
(b)(1) Effective January 1, 1996, for any Class I, Group I, Group
II, Group III, Group IV, Group V or Group VII controlled substances, and
effective January 1, 2005 for any Class I, Group VI controlled
substances, and effective August 18, 2003, for any Class I, Group VIII
controlled substance, no person may produce, at any time in any control
period (except that are transformed or destroyed domestically or by a
person of another Party) in excess of the amount of conferred unexpended
essential use allowances or exemptions, or in excess of the amount of
unexpended critical use allowances, or in excess of the amount of
unexpended Article 5 allowances as allocated under Sec. 82.9 and Sec.
82.11, as may be modified under Sec. 82.12 (transfer of allowances) for
that substance held by that person under the authority of this subpart
at that time for that control period. Every kilogram of excess
production constitutes a separate violation of this subpart.
(2) Effective January 1, 2005, production of class I, Group VI
controlled substances is not subject to the prohibitions in paragraph
(b)(1) of this section if it is solely for quarantine or preshipment
applications as defined in this subpart, or it is solely for export to
satisfy critical uses authorized by the Parties for that control period.
(c)(1) Prior to January 1, 1996, for all Groups of class I
controlled substances, and prior to January 1, 2005, for class I, Group
VI controlled substances, no person may produce or (except for
transhipments, heels or used controlled substances) import, at any time
in any control period, (except for controlled substances that are
transformed or destroyed) in excess of the amount of unexpended
consumption allowances held by that person under the authority of this
subpart at that time for that control period. Every kilogram of excess
production or importation (other than transhipments, heels or used
controlled substances) constitutes a separate violation of this subpart.
(2) Effective January 1, 2003, production and import of class I,
Group VI controlled substances is not subject to the prohibitions in
paragraph (c)(1) of this section if it is solely for quarantine or
preshipment applications as defined in this subpart.
(d) Effective January 1, 1996, for any class I, Group I, Group II,
Group III, Group IV, Group V, or Group VII controlled substances, and
effective January 1, 2005, for any class I, Group VI controlled
substance, and effective August 18, 2003, for any class I, Group VIII
controlled substance, no person may import (except for transhipments or
heels), at any time in any control period, (except for controlled
substances that are transformed or destroyed) in excess of the amount of
unexpended essential use allowances or exemptions, or in excess of
unexpended critical use allowances, for that substance held by that
person under the authority of this subpart at that time for that control
period. Every kilogram of excess importation (other than transhipments
or heels) constitutes a separate violation of this subpart. It is a
violation of this subpart to obtain unused class I controlled substances
under the general laboratory exemption in excess of actual need and to
recycle that material for sale into other markets.
(e) Effective January 1, 1996, no person may place an order by
conferring essential-use allowances for the production of the class I
controlled substance, at any time in any control period, in excess of
the amount of unexpended essential-use allowances, held by that person
under the authority of this subpart at that time for that control
period. Effective January 1, 1996, no person may import a class I
controlled substance with essential-use allowances, at any time in any
control period, in excess of the amount of unexpended essential-use
allowances, held by that person under the authority of
[[Page 16]]
this subpart at that time for that control period. No person may import
or place an order for the production of a class I controlled substance
with essential-use allowances, at any time in any control period, other
than for the class I controlled substance(s) for which they received
essential-use allowances under paragraph (u) of this section. Every
kilogram of excess production ordered in excess of the unexpended
essential-use allowances conferred to the producer constitutes a
separate violation of this subpart. Every kilogram of excess import in
excess of the unexpended essential-use allowances held at that time
constitutes a separate violation of this subpart.
(f) [Reserved]
(g) Effective January 1, 1996, the U.S. total production and
importation of a class I controlled substance (except Group VI) as
allocated under this section for essential-use allowances and
exemptions, and as obtained under Sec. 82.9 for destruction and
transformation credits, may not, at any time, in any control period
until January 1, 2000, exceed the percent limitation of baseline
production in appendix H of this subpart, as set forth in the Clean Air
Act Amendments of 1990. No person shall cause or contribute to the U.S.
exceedance of the national limit for that control period.
(h) No person may sell in the U.S. any Class I controlled substance
produced explicitly for export to an Article 5 country.
(i) Effective January 1, 1995, no person may import, at any time in
any control period, a heel of any class I controlled substance that is
greater than 10 percent of the volume of the container in excess of the
amount of unexpended consumption allowances, or unexpended destruction
and transformation credits held by that person under the authority of
this subpart at that time for that control period. Every kilogram of
excess importation constitutes a separate violation of this subpart.
(j)(1) Effective January 1, 1995, no person may import, at any time
in any control period, a used class I controlled substance, except for
Group II used controlled substances shipped in aircraft halon bottles
for hydrostatic testing, without having received a non-objection notice
from the Administrator in accordance with Sec. 82.13(g)(2) and (3). A
person who receives a non-objection notice for the import of an
individual shipment of used controlled substances may not transfer or
confer the right to import and may not import any more than the exact
quantity, in kilograms, of the used controlled substance cited in the
non-objection notice. Every kilogram of importation of used controlled
substance in excess of the quantity cited in the non-objection notice
issued by the Administrator in accordance with Sec. 82.13(g)(2) and (3)
constitutes a separate violation.
(2) No person may import for purposes of destruction, at any time in
any control period, a class I controlled substance for which EPA has
apportioned baseline production and consumption allowances, without
having submitted a certification of intent to import for destruction to
the Administrator and received a non-objection notice in accordance with
Sec. 82.13(g)(5). A person issued a non-objection notice for the import
of an individual shipment of class I controlled substances for
destruction may not transfer or confer the right to import and may not
import any more than the exact quantity (in kilograms) of the class I
controlled substance stated in the non-objection notice. For imports
intended to be destroyed in the United States, a person issued a non-
objection notice must destroy the controlled substance within one year
of the date stamped on the non-objection letter, may not transfer or
confer the right to import, and may not import any more than the exact
quantity (in kilograms) of the class I controlled substance stated in
the non-objection notice. Every kilogram of import of class I controlled
substance in excess of the quantity stated in the non-objection notice
issued by the Administrator in accordance with Sec. 82.13(g)(5)
constitutes a separate violation of this subpart.
(k)(1) Prior to January 1, 1996, for all Groups of class I
controlled substances, and prior to January 1, 2005, for class I, Group
VI controlled substances, a person may not use production allowances to
produce a quantity of a class I controlled substance unless that person
[[Page 17]]
holds under the authority of this subpart at the same time consumption
allowances sufficient to cover that quantity of class I controlled
substances nor may a person use consumption allowances to produce a
quantity of class I controlled substances unless the person holds under
authority of this subpart at the same time production allowances
sufficient to cover that quantity of class I controlled substances.
However, prior to January 1, 1996, for all class I controlled
substances, and prior to January 1, 2005, for class I, Group VI
controlled substances, only consumption allowances are required to
import, with the exception of transhipments, heels, and used controlled
substances. Effective January 1, 1996, for all Groups of class I
controlled substances, except Group VI, only essential use allowances or
exemptions are required to import class I controlled substances, with
the exception of transhipments, heels, used controlled substances, and
essential use CFCs.
(2) Notwithstanding paragraph (k)(1) of this section, effective
January 1, 2003, for class I, Group VI controlled substances,
consumption allowances are not required to import quantities solely for
quarantine or preshipment applications as defined in this subpart.
(l) Every kilogram of a controlled substance, and every controlled
product, imported or exported in contravention of this subpart
constitutes a separate violation of this subpart. No person may:
(1) Import or export any quantity of a controlled substance listed
in class I, Group I or Group II, in appendix A to this subpart from or
to any foreign state not Party to the 1987 Montreal Protocol unless that
foreign state is complying with the 1987 Montreal Protocol (For
ratification status, see: http://ozone.unep.org/new_site/en/
treaty_ratification_status.php);
(2) Import or export any quantity of a controlled substance listed
in class I, Group III, Group IV, or Group V, in appendix A to this
subpart, from or to any foreign state not Party to the London Amendment,
unless that foreign state is complying with the London Amendment (For
ratification status, see: http://ozone.unep.org/new_site/en/
treaty_ratification_status.php); or
(3) Import a controlled product, as noted in appendix D, annex 1 to
this subpart, from any foreign state not Party to the 1987 Montreal
Protocol, unless that foreign state is complying with the 1987 Montreal
Protocol (For ratification status, see: http://ozone.unep.org/new_site/
en/treaty_ratification_status.php).
(4) Import or export any quantity of a controlled substance listed
in class I, Group VII, in appendix A to this subpart, from or to any
foreign state not Party to the Copenhagen Amendment, unless that foreign
state is complying with the Copenhagen Amendment (For ratification
status, see: http://ozone.unep.org/new_site/en/
treaty_ratification_status.php).
(5) Import or export any quantity of a controlled substance listed
in class I, Group VI, in appendix A to this subpart, from or to any
foreign state not Party to the Copenhagen Amendment unless that foreign
state is complying with the Copenhagen Amendment (For ratification
status, see: http://ozone.unep.org/new_site/en/
treaty_ratification_status.php).
(6) Import or export any quantity of a controlled substance listed
in class I, Group VIII, in appendix A to this subpart, from or to any
foreign state not Party to the Beijing Amendment, unless that foreign
state is complying with the Beijing Amendment (For ratification status,
see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
(m) Effective October 5, 1998, no person may export a controlled
product to a Party listed in appendix J of this subpart in any control
period after the control period in which EPA publishes a notice in the
Federal Register listing that Party in appendix J of this subpart. EPA
will publish a notice in the Federal Register that lists a Party in
appendix J if the Party formally presents to the U.S. a government
document through its embassy in the United States stating that it has
established a ban on the import of controlled products and a ban on the
manufacture of those same controlled products.
[[Page 18]]
(n) No person may use class I controlled substances produced or
imported under the essential use exemption for any purpose other than
those set forth in this paragraph. Effective January 1, 1996, essential-
use allowances are apportioned to a person under Sec. 82.8(a) and (b)
for the exempted production or importation of specified class I
controlled substances solely for the purposes listed in paragraphs
(n)(1)(i) through (iii) of this section.
(1) Essential-uses for the production or importation of controlled
substances as agreed to by the Parties to the Protocol and subject to
the periodic revision of the Parties are:
(i) Metered dose inhalers (MDIs) for the treatment of asthma and
chronic obstructive pulmonary disease that were approved by the Food and
Drug Administration before December 31, 2000.
(ii) Space Shuttle--solvents.
(iii) Essential laboratory and analytical uses (defined in appendix
G of this subpart).
(2) Any person acquiring unused class I controlled substances
produced or imported under the authority of essential-use allowances or
the essential-use exemption granted in Sec. 82.8 to this subpart for
use in anything other than an essential-use (i.e., for uses other than
those specifically listed in paragraph (n)(1) of this section) is in
violation of this subpart. Each kilogram of unused class I controlled
substance produced or imported under the authority of essential-use
allowances or the essential-use exemption and used for a non-essential
use is a separate violation of this subpart. Any person selling unused
class I controlled substances produced or imported under authority of
essential-use allowances or the essential-use exemption for uses other
than an essential-use is in violation of this subpart. Each kilogram of
unused class I controlled substances produced or imported under
authority of essential-use allowances or the essential-use exemption and
sold for a use other than an essential-use is a separate violation of
this subpart. It is a violation of this subpart to obtain unused class I
controlled substances under the exemption for laboratory and analytical
uses in excess of actual need and to recycle that material for sale into
other markets.
(o) [Reserved]
(p) Critical Use Exemption: With respect to class I, Group VI
substances (methyl bromide):
(1) No person shall sell critical use methyl bromide without first
receiving a certification from the purchaser that the quantity purchased
will be sold or used solely for an approved critical use. Every kilogram
of critical use methyl bromide sold without first obtaining such
certification constitutes a separate violation of this subpart.
(2) For approved critical users, each action associated with each
200 kilograms of critical use methyl bromide for the following
subparagraphs constitutes a separate violation of this subpart.
(i) No person shall take possession of quantities of critical use
methyl bromide or acquire fumigation services using quantities of
critical use methyl bromide without first completing the appropriate
certification in accordance with the requirements in Sec. 82.13.
(ii) No person who purchases critical use methyl bromide may use
such quantities for a use other than the specified critical use listed
in column A and the specified location of use in column B of appendix L
to this subpart.
(iii) No person who purchases critical use methyl bromide produced
or imported with expended critical use allowances for pre-plant uses,
may use such quantities for other than the pre-plant uses as specified
in column A and column B of appendix L to this subpart.
(iv) No person who purchases critical use methyl bromide produced or
imported with expended critical use allowances for post-harvest uses,
may use such quantities for other than the post-harvest uses as
specified in column A and column B of appendix L to this subpart.
(v) No person who uses critical use methyl bromide on a specific
field or structure may concurrently or subsequently use non-critical use
methyl bromide on the same field or structure for the same use (as
defined in column A and column B of appendix L) in the same control
period, excepting methyl
[[Page 19]]
bromide used under the quarantine and pre-shipment exemption.
(vi) No person who purchases critical use methyl bromide during the
control period shall use that methyl bromide on a field or structure for
which that person has used non-critical use methyl bromide for the same
use (as defined in columns A and B of appendix L) in the same control
period, excepting methyl bromide used under the quarantine and pre-
shipment exemption, unless, subsequent to that person's use of the non-
critical use methyl bromide, that person becomes subject to a
prohibition on the use of methyl bromide alternatives due to the
reaching of a local township limit described in appendix L of this part,
or becomes an approved critical user as a result of rulemaking.
(q) Emergency use exemption. [Reserved]
(r) No person may sell or use methyl bromide produced or imported
under the quarantine and preshipment exemption for any purpose other
than for quarantine applications or preshipment applications as defined
in Sec. 82.3. Each kilogram of methyl bromide produced or imported
under the authority of the quarantine and preshipment exemption and sold
or used for a use other than quarantine or preshipment is a separate
violation of this subpart.
(s) No person may sell or distribute, or offer for sale or
distribution, any class I substance that they know, or have reason to
know, was imported in violation of this section, except for such actions
needed to re-export the controlled substance. Every kilogram of a
controlled substance imported in contravention of this paragraph (s)
that is sold or distributed, or offered for sale or distribution,
constitutes a separate violation of this subpart.
[60 FR 24986, May 10, 1995]
Editorial Note: For Federal Register citations affecting Sec. 82.4,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 82.5 Apportionment of baseline production allowances for class I
controlled substances.
Persons who produced controlled substances in Group I or Group II in
1986 are apportioned baseline production allowances as set forth in
paragraphs (a) and (b) of this section. Persons who produced controlled
substances in Group III, IV, or V in 1989 are apportioned baseline
production allowances as set forth in paragraphs (c), (d), and (e) of
this section. Persons who produced controlled substances in Group VI and
VII in 1991 are apportioned baseline allowances as set forth in
paragraphs (f) and (g) of this section.
Allowances
Controlled substance Person (kg)
(a) For Group I controlled substances:
CFC-11......................... Allied-Signal, Inc..... 23,082,358
E.I. DuPont de Nemours 33,830,000
& Co.
Elf Atochem, N.A....... 21,821,500
CFC-12......................... Laroche Chemicals...... 12,856,364
Allied-Signal, Inc..... 35,699,776
E.I. DuPont de Nemours 64,849,000
& Co.
Elf Atochem, N.A....... 31,089,807
CFC-113........................ Laroche Chemicals...... 15,330,909
Allied-Signal, Inc..... 21,788,896
CFC-114........................ E.I. DuPont de Nemours 58,553,000
& Co.
Allied-Signal, Inc..... 1,488,569
CFC-115........................ E.I. DuPont de Nemours 4,194,000
& Co.
E.I. DuPont de Nemours 4,176,000
& Co.
(b) For Group II controlled substances:
Halon-1211..................... Great Lakes Chemical 826,487
Corp.
ICI Americas, Inc...... 2,135,484
Halon-1301..................... E.I. DuPont de Nemours 3,220,000
& Co.
Great Lakes Chemical 1,766,850
Corp.
Halon-2402
(c) For Group III controlled substances:
[[Page 20]]
CFC-13......................... Allied-Signal, Inc..... 127,125
E.I. DuPont de Nemours 187,831
& Co.
Elf Atochem, N.A....... 3,992
Great Lakes Chemical 56,381
Corp.
Laroche Chemicals...... 29,025
CFC-111
CFC-112
CFC-211 E.I. DuPont de Nemours 11
& Co.
CFC-212........................ E.I. DuPont de Nemours 11
& Co.
CFC-213........................ E.I. DuPont de Nemours 11
& Co.
CFC-214........................ E.I. DuPont de Nemours 11
& Co.
CFC-215........................ E.I. DuPont de Nemours 511
& Co.
Halocarbon Products 1,270
Corp.
CFC-216........................ E.I. DuPont de Nemours 170,574
& Co.
CFC-217........................ E.I. DuPont de Nemours 511
& Co.
(d) For Group IV controlled substances:
CCl4........................... Akzo Chemicals, Inc.... 7,873,615
Degussa Corporation.... 26,546
Dow Chemical Company, 18,987,747
USA.
E.I. DuPont de Nemours 9,099
& Co.
Hanlin Chemicals-WV, 219,616
Inc.
ICI Americas, Inc...... 853,714
Occidental Chemical 1,059,358
Corp.
Vulcan Chemicals....... 21,931,987
(e) For Group V controlled substances:
Methyl Chloroform.............. Dow Chemical Company, 168,030,117
USA.
E.I. DuPont de Nemours 2
& Co.
PPG Industries, Inc.... 57,450,719
Vulcan Chemicals....... 89,689,064
(f) For Group VI controlled substances:
Methyl Bromide................. Great Lakes Chemical 19,945,788
Corporation.
Ethyl Corporation...... 8,233,894
(g) For Group VII controlled substances:
HBFC 22B1-1.................... Great Lakes Chemical 46,211
Corporation.
[60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003]
Sec. 82.6 Apportionment of baseline consumption allowances for class I
controlled substances.
Persons who produced, imported, or produced and imported controlled
substances in Group I or Group II in 1986 are apportioned chemical-
specific baseline consumption allowances as set forth in paragraphs (a)
and (b) of this section. Persons who produced, imported, or produced and
imported controlled substances in Group III, Group IV, or Group V in
1989 are apportioned chemical-specific baseline consumption allowances
as set forth in paragraphs (c), (d) and (e) of this section. Persons who
produced, imported, or produced and imported controlled substances in
Group VI or VII in 1991 are apportioned chemical specific baseline
consumption allowances as set forth in paragraphs (f) and (g) of this
section.
Allowances
Controlled substance Person (kg)
(a) For Group I controlled substances:
CFC-11......................... Allied-Signal, Inc..... 22,683,833
E.I. DuPont de Nemours 32,054,283
& Co.
Elf Atochem, N.A....... 21,740,194
Hoechst Celanese 185,396
Corporation.
ICI Americas, Inc...... 1,673,436
[[Page 21]]
Kali-Chemie Corporation 82,500
Laroche Chemicals...... 12,695,726
National Refrigerants, 693,707
Inc.
Refricentro, Inc....... 160,697
Sumitomo Corporation of 5,800
America.
CFC-12......................... Allied-Signal, Inc..... 35,236,397
E.I. DuPont de Nemours 61,098,726
& Co.
Elf Atochem, N.A....... 32,403,869
Hoechst Celanese 138,865
Corporation.
ICI Americas, Inc...... 1,264,980
Kali-Chemie Corporation 355,440
Laroche Chemicals...... 15,281,553
National Refrigerants, 2,375,384
Inc.
Refricentro, Inc....... 242,526
CFC-113........................ Allied-Signal, Inc..... 18,241,928
E.I. DuPont de Nemours 49,602,858
& Co.
Elf Atochem, N.A....... 244,908
Holchem................ 265,199
ICI Americas, Inc...... 2,399,700
Refricentro, Inc....... 37,385
Sumitomo Corp. of 280,163
America.
CFC-114........................ Allied-Signal, Inc..... 1,429,582
E.I. DuPont de Nemours 3,686,103
& Co.
Elf Atochem, N.A....... 22,880
ICI Americas, Inc...... 32,930
CFC-115........................ E.I. DuPont de Nemours 2,764,109
& Co.
Elf Atochem, N.A....... 633,007
Hoechst Celanese 8,893
Corporation.
ICI Americas, Inc...... 2,366,351
Laroche Chemicals...... 135,520
Refricentro, Inc....... 27,337
(b) For Group II controlled substances:
Halon-1211..................... Elf Atochem, N.A....... 411,292
Great Lakes Chemical 772,775
Corp.
ICI Americas, Inc...... 2,116,641
Kali-Chemie Corporation 330,000
Halon-1301..................... E.I. DuPont de Nemours 2,772,917
& Co.
Elf Atochem, N.A....... 89,255
Great Lakes Chemical 1,744,132
Corp.
Kali-Chemie Corporation 54,380
Halon-2402..................... Ausimont............... 34,400
Great Lakes Chemical 15,900
Corp.
(c) For Group III controlled substances:
CFC-13......................... Allied-Signal, Inc..... 127,124
E.I. DuPont de Nemours 158,508
& Co.
Elf Atochem, N.A....... 3,992
Great Lakes Chemical 56,239
Corp.
ICI Americas, Inc...... 5,855
Laroche Chemicals...... 29,025
National Refrigerants, 16,665
Inc.
CFC-111
CFC-112........................ Sumitomo Corp of 5,912
America.
TG (USA) Corporation... 9,253
CFC-211........................ E.I. DuPont de Nemours 11
& Co.
CFC-212........................ E.I. DuPont de Nemours 11
& Co.
CFC-213........................ E.I. DuPont de Nemours 11
& Co.
CFC-214........................ E.I. DuPont de Nemours 11
& Co.
CFC-215........................ E.I. DuPont de Nemours 511
& Co.
Halocarbon Products 1,270
Corp.
CFC-216........................ E.I. DuPont de Nemours 170,574
& Co.
CFC-217........................ E.I. DuPont de Nemours 511
& Co.
(d) For Group IV controlled substances:
CCl4........................... Crescent Chemical Co... 56
[[Page 22]]
Degussa Corporation.... 12,466
Dow Chemical Company, 8,170,561
USA.
E.I. DuPont de Nemours 26,537
& Co.
Elf Atochem, N.A....... 41
Hanlin Chemicals-WV, 103,133
Inc.
Hoechst Celanese 3
Corporation.
ICC Chemical Corp...... 1,173,723
ICI Americas, Inc...... 855,466
Occidental Chemical 497,478
Corp.
Sumitomo Corporation of 9
America.
(e) For Group V controlled substances:
Methyl Chloroform.............. 3V Chemical Corp....... 3,528
Actex, Inc............. 50,171
Atochem North America.. 74,355
Dow Chemical Company, 125,200,200
USA.
E.I. DuPont de Nemours 2
& Co.
IBM.................... 2,026
ICI Americas, Inc...... 14,179,850
Laidlaw................ 420,207
PPG Industries......... 45,254,115
Sumitomo............... 1,954
TG (USA) Corporation... 7,073
Unitor Ships Service, 14,746
Inc.
Vulcan Chemicals....... 70,765,072
(f) For Group VI controlled substances:
Methyl Bromide................. Great Lakes Chemical 15,514,746
Corporation.
Ethyl Corporation...... 6,379,906
AmeriBrom, Inc......... 3,524,393
TriCal, Inc............ 109,225
(g) For Group VII controlled substances:
HBFC 22B1-1.................... Great Lakes Chemical 40,110
Corporation.
[60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003]
Sec. 82.7 Grant and phase reduction of baseline production and consumption
allowances for class I controlled substances.
For each control period specified in the following table, each
person is granted the specified percentage of the baseline production
and consumption allowances apportioned to him under Sec. Sec. 82.5 and
82.6 of this subpart.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class I
substances in Class I Class I Class I Class I Class I
Control period groups I and substances in substances in substances in substances in substances in
III, (In group II, (In group IV (In group V (In group VI (In group VII (In
percent) percent) percent) percent) percent) percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1994.................................................... 25 0 50 50 100 100
1995.................................................... 25 0 15 30 100 100
1996.................................................... 0 0 0 0 100 0
1997.................................................... 0 0 0 0 100 0
1998.................................................... 0 0 0 0 100 0
1999.................................................... 0 0 0 0 75 0
2000.................................................... 0 0 0 0 75 0
2001.................................................... .............. .............. .............. .............. 50
2002.................................................... .............. .............. .............. .............. 50
2003.................................................... .............. .............. .............. .............. 30
2004.................................................... .............. .............. .............. .............. 30
2005.................................................... .............. .............. .............. .............. 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[65 FR 70803, Nov. 28, 2000]
[[Page 23]]
Sec. 82.8 Grant of essential use allowances and critical use allowances.
(a) Effective January 1, 1996, persons in the following list are
allocated essential-use allowances or exemptions for quantities of a
specific class I controlled substance for a specific essential-use (the
Administrator reserves the right to revise the allocations based on
future decisions of the Parties).
Table I--Essential Use Allowances for Calendar Year 2010
------------------------------------------------------------------------
(i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma
and Chronic Obstructive Pulmonary Disease
-------------------------------------------------------------------------
2010 Quantity
Company Chemical (metric tons)
------------------------------------------------------------------------
Armstrong........................ CFC-11 or CFC-12 or 30.0
CFC-114..
------------------------------------------------------------------------
(b) There is a global exemption for the production and import of
class I controlled substances for essential laboratory and analytical
uses, subject to the restrictions in appendix G of this subpart, and
subject to the recordkeeping and reporting requirements at Sec.
82.13(u) through (x). There is no amount specified for this exemption.
(c) Effective January 1, 2005, critical use allowances are
apportioned as set forth in paragraph (c)(1) of this section for the
exempted production and import of class I, Group VI controlled
substances specifically for those approved critical uses listed in
appendix L to this subpart for the applicable control period. Every
kilogram of production and import in excess of the total number and type
of unexpended critical use allowances held for a particular type of use
constitutes a separate violation of this subpart.
(1) Allocated critical use allowances granted for specified control
period.
------------------------------------------------------------------------
2016 Critical 2016 Critical
use allowances use allowances
Company for pre-plant for post-
uses * harvest uses *
(kilograms) (kilograms)
------------------------------------------------------------------------
Great Lakes Chemical Corp. A Chemtura 84,222 1,179
Company................................
Albemarle Corp.......................... 34,634 485
ICL-IP America.......................... 19,140 268
TriCal, Inc............................. 596 8
Total................................... 138,592 1,939
------------------------------------------------------------------------
* For production or import of Class I, Group VI controlled substance
exclusively for the pre-plant or post-harvest uses specified in
appendix L to this subpart.
(2) [Reserved]
[69 FR 77003, Dec. 23, 2004]
Editorial Note: For Federal Register citations affecting Sec. 82.8,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 82.9 Availability of production allowances in addition to baseline
production allowances for class I controlled substances.
(a)--(b) [Reserved]
(c) A company may increase or decrease its production allowances,
including its Article 5 allowances, by trading with another Party to the
Protocol according to the provision under this paragraph (c). A company
may increase or decrease its essential-use allowances for CFCs for use
in essential MDIs according to the provisions under this paragraph (c).
A nation listed in appendix C to this subpart (Parties to the Montreal
Protocol) must agree either to transfer to the person for the current
control period some amount of production or import that the nation is
permitted under the Montreal Protocol or to receive from the person for
the current control period some amount of production or import that the
person is permitted under this subpart. If the controlled substance is
produced under the authority of production allowances and is to be sold
in the United States
[[Page 24]]
or to another Party (not the Party from whom the allowances are
received), the U.S. company must expend its consumption allowances
allocated under Sec. Sec. 82.6 and 82.7 in order to produce with the
additional production allowances.
(1) For trades from a Party, the person must obtain from the
principal diplomatic representative in that nation's embassy in the
United States a signed document stating that the appropriate authority
within that nation has established or revised production limits or
essential-use allowance limits for the nation to equal the lesser of the
maximum production that the nation is allowed under the Protocol minus
the amount transferred, the maximum production or essential-use
allowances that are allowed under the nation's applicable domestic law
minus the amount transferred, or the average of the nation's actual
national production level for the three years prior to the transfer
minus the production transferred. The person must submit to the
Administrator a transfer request that includes a true copy of this
document and that sets forth the following:
(i) The identity and address of the person;
(ii) The identity of the Party;
(iii) The names and telephone numbers of contact persons for the
person and for the Party;
(iv) The chemical type, type of allowance being transferred, and the
level of allowances being transferred;
(v) The control period(s) to which the transfer applies; and
(vi) For increased production intended for export to the Party from
whom the allowances would be received, a signed statement of intent to
export to the Party.
(vii) In the case of transferring essential-use allowances, the
transferor must include a signed document from the transferee
identifying the CFC MDI products that will be produced using the
essential-use allowances.
(2) For trades to a Party, a person must submit a transfer request
that sets forth the following:
(i) The identity and address of the person;
(ii) The identity of the Party;
(iii) The names and telephone numbers of contact persons for the
person and for the Party;
(iv) The chemical type, type of allowance being transferred, and the
level of allowances being transferred; and
(v) The control period(s) to which the transfer applies.
(3) After receiving a transfer request that meets the requirements
of paragraph (c)(2) of this section, the Administrator may, at his
discretion, consider the following factors in deciding whether to
approve such a transfer:
(i) Possible creation of economic hardship;
(ii) Possible effects on trade;
(iii) Potential environmental implications; and
(iv) The total amount of unexpended production or essential-use
allowances held by a U.S. entity.
(v) In the case of transfer of essential-use allowances the
Administrator may consider whether the CFCs will be used for production
of essential MDIs.
(4) The Administrator will issue the person a notice either granting
or deducting production allowances, Article 5 allowances, or essential-
use allowances, and specifying the control period to which the transfer
applies, provided that the request meets the requirement of paragraph
(c)(1) of this sections for trades from Parties and paragraph (c)(2) of
this section for trades to Parties, unless the Administrator has decided
to disapprove the trade under paragraph (c)(3) of this section. For a
trade from a Party, the Administrator will issue a notice that revises
the allowances held by the person to equal the unexpended production,
Article 5, or essential-use allowances held by the person under this
subpart plus the level of allowable production transferred from the
Party. For a trade to a Party, the Administrator will issue a notice
that revises the production limit for the person to equal the lesser of:
(i) The unexpended production allowances, essential-use allowances,
or Article 5 allowances held by the person under this subpart minus the
amount transferred; or
(ii) The unexpended production allowances, essential-use allowances,
or Article 5 allowances held by the person
[[Page 25]]
under this subpart minus the amount by which the United States average
annual production of the controlled substance being traded for the three
years prior to the transfer is less than the total production allowable
for that substance under this subpart minus the amount transferred. The
change in allowances will be effective on the date that the notice is
issued.
(5) If after one person obtains approval for a trade of allowable
production of a controlled substance to a Party, one or more other
persons obtain approval for trades involving the same controlled
substance and the same control period, the Administrator will issue
notices revising the production limits for each of the other persons
trading that controlled substance in that control period to equal the
lesser of:
(i) The unexpended production allowances or Article 5 allowances
held by the person under this subpart minus the amount transferred; or
(ii) The unexpended production allowances or Article 5 allowances
held by the person under this subpart minus the amount by which the
United States average annual production of the controlled substance
being traded for the three years prior to the transfer is less than the
total allowable production for that substance under this subpart
multiplied by the amount transferred divided by the total amount
transferred by all the other persons trading the same controlled
substance in the same control period minus the amount transferred by
that person.
(iii) The Administrator will also issue a notice revising the
production limit for each person who previously obtained approval of a
trade of that substance in that control period to equal the unexpended
production allowances or unexpended Article 5 allowances held by the
person under this subpart plus the amount by which the United States
average annual production of the controlled substance being traded for
the three years prior to the transfer is less than the total allowable
production under this subpart multiplied by the amount transferred by
that person divided by the amount transferred by all of the persons who
have traded that controlled substance in that control period. The change
in production allowances or Article 5 allowances will be effective on
the date that the notice is issued.
(d) Effective January 1, 1996, there will be no trade in production
or consumption allowances with other Parties to the Protocol for class I
controlled substances, except for class I, Group VI, methyl bromide.
(e)--(f) [Reserved]
(g) International transfer of essential-use CFCs. (1) For trades of
essential-use CFCs where the transferee or the transferor is a person in
another nation (Party), the persons involved in the transfer must submit
the information requested in Sec. 82.12(d)(2) and (d)(3), along with a
signed document from the principal diplomatic representative in the
Party's embassy in the United States stating that the appropriate
authority within that nation has approved the transfer of the essential-
use CFCs.
(2) If the transfer claim is complete, and EPA does not object to
the transfer, then EPA will issue letters to the transferor and the
transferee indicating that the transfer may proceed. EPA reserves the
right to disallow a transfer if the transfer request is incomplete, or
if it has reason to believe that the transferee plans to produce MDIs
that are not essential MDIs. If EPA objects to the transfer, EPA will
issue letters to the transferor and transferee stating the basis for
disallowing the transfer. The burden of proof is placed on the
transferee to retain sufficient records to prove that the transferred
essential-use CFCs are used only for production of essential MDIs. If
EPA ultimately finds that the transferee did not use the essential-use
CFCs for production of essential MDIs then the transferee is in
violation of this subpart.
[60 FR 24986, May 10, 1995, as amended at 63 FR 41643, Aug. 4, 1998; 63
FR 53290, Oct. 5, 1998; 65 FR 70804, Nov. 28, 2000; 67 FR 6360, Feb. 11,
2002; 67 FR 21134, Apr. 29, 2002; 70 FR 77047, Dec. 29, 2005; 85 FR
15292, Mar. 17, 2020]
[[Page 26]]
Sec. 82.10 [Reserved]
Sec. 82.11 Exports of class I controlled substances to Article 5 Parties.
(a) If apportioned Article 5 allowances under Sec. 82.9(a) or Sec.
82.11(a)(2), a person may produce Class I controlled substances, in
accordance with the prohibitions in Sec. 82.4 and the reduction
schedule in Sec. 82.11(a)(3), to be exported (not including exports
resulting in transformation or destruction, or exports of used
controlled substances) to foreign states listed in appendix E to this
subpart (Article 5 countries).
(1) A person must submit a notice to the Administrator of exports to
Article 5 countries (except exports resulting in transformation or
destruction, or used controlled substances) at the end of the quarter
that includes the following:
(i) The identities and addresses of the exporter and the Article 5
country recipient of the exports;
(ii) The exporter's Employee Identification Number;
(iii) The names and telephone numbers of contact persons for the
exporter and for the recipient;
(iv) The quantity and the type of controlled substances exported,
its source and date purchased;
(v) The date on which, and the port from which, the controlled
substances were exported from the United States or its territories;
(vi) The Article 5 country to which the controlled substances were
exported;
(vii) A copy of the bill of lading and invoice indicating the net
quantity shipped and documenting the sale of the controlled substances
to the Article 5 purchaser;
(viii) The commodity code of the controlled substance exported; and
(ix) A copy of the invoice or sales agreement covering the sale of
the controlled substances to the recipient Article 5 country that
contains provisions forbidding the reexport of the controlled substance
in bulk form and subjecting the recipient or any transferee of the
recipient to liquidated damages equal to the resale price of the
controlled substances if they are reexported in bulk form.
(2) Persons who reported exports of Class I, Group I controlled
substances to Article 5 countries in 2000-2003 are apportioned baseline
Article 5 allowances as set forth in Sec. 82.11(a)(2)(i). Persons who
reported exports of Class I, Group VI controlled substances to Article 5
countries in 1995-1998 are apportioned baseline Article 5 allowances as
set forth in Sec. 82.11(a)(2)(ii)).
(i) For Group I Controlled Substances
------------------------------------------------------------------------
Allowances
Controlled Substance Person (kg)
------------------------------------------------------------------------
CFC-11............................. Honeywell............. 7,150
Sigma Aldrich......... 1
CFC-113............................ Fisher Scientific..... 5
Honeywell............. 313,686
Sigma Aldrich......... 48
CFC-114............................ Honeywell............. 24,798
Sigma Aldrich......... 1
------------------------------------------------------------------------
(ii) For Group VI Controlled Substances
------------------------------------------------------------------------
Allowances
Controlled Substance Person (kg)
------------------------------------------------------------------------
Methyl Bromide..................... Albemarle............. 1,152,714
Ameribrom............. 176,903
Great Lakes Chemical 3,825,846
Corporation.
------------------------------------------------------------------------
(3) Phased Reduction Schedule for Article 5 Allowances allocated in
Sec. 82.11. For each control period specified in the following table,
each person is granted the specified percentage of the baseline Article
5 allowances apportioned under Sec. 82.11.
------------------------------------------------------------------------
Class I Class I
substances substances
Control Period in group I in group VI
(In (In
percent) percent)
------------------------------------------------------------------------
2006.......................................... 50 80
2007.......................................... 15 80
2008.......................................... 15 80
2009.......................................... 15 80
2010.......................................... 0 80
2011.......................................... 0 80
2012.......................................... 0 80
2013.......................................... 0 80
2014.......................................... 0 80
2015.......................................... 0 0
------------------------------------------------------------------------
(2) [Reserved]
(b) [Reserved]
[60 FR 24986, May 10, 1995, as amended at 70 FR 77047, Dec. 29, 2005]
Sec. 82.12 Transfers of allowances for class I controlled substances.
(a) Inter-company transfers. (1) After January 1, 2002, any
essential-use allowance holder (including those persons that hold
essential-use allowances
[[Page 27]]
issued by a Party other than the United States) (``transferor'') may
transfer essential-use allowances for CFCs to a metered dose inhaler
company solely for the manufacture of essential MDIs. After January 1,
2005, any critical use allowance holder (``transferor'') may transfer
critical use allowances to any other person (``transferee'').
(i) The transferor must submit to the Administrator a transfer claim
setting forth the following:
(A) The identities and addresses of the transferor and the
transferee;
(B) The name and telephone numbers of contact persons for the
transferor and the transferee;
(C) The type of allowances being transferred, including the names of
the controlled substances for which allowances are to be transferred;
(D) The group of controlled substances to which the allowances being
transferred pertains;
(E) The amount of allowances being transferred;
(F) The control period(s) for which the allowances are being
transferred;
(G) The amount of unexpended allowances of the type and for the
control period being transferred that the transferor holds under
authority of this subpart as of the date the claim is submitted to EPA;
and
(H) The one percent offset applied to the unweighted amount traded
will be deducted from the transferor's production or consumption
allowance balance (except for trades from transformers and destroyers to
producers or importers for the purpose of allowance reimbursement). In
the case of transferring essential use allowances, the amount of one
tenth of one percent of the amount traded will be deducted from the
transferor's allowance balance. In the case of transferring critical use
allowances, the amount of one tenth of one percent of the amount traded
will be deducted from the transferor's critical use allowance balance.
(I) The transferor must include a signed document from the
transferee identifying the CFC MDI products that will be produced using
the essential-use allowances.
(ii) The Administrator will determine whether the records maintained
by EPA, taking into account any previous transfers and any production,
allowable imports and exports of controlled substances reported by the
transferor, indicate that the transferor possesses, as of the date the
transfer claim is processed, unexpended allowances sufficient to cover
the transfer claim (i.e., the amount to be transferred plus, in the case
of transferors of essential use allowances and critical use allowances,
one tenth of one percent of the transferred amount). Within three
working days of receiving a complete transfer claim, the Administrator
will take action to notify the transferor and transferee as follows:
(A) If EPA's records show that the transferor has sufficient
unexpended allowances to cover the transfer claim, the Administrator
will issue a notice indicating that EPA does not object to the transfer
and will reduce the transferor's balance of unexpended allowances by the
amount to be transferred plus, in the case of transfers of production or
consumption allowances, one percent of that amount, or in the case of
transfers of essential use allowances, one tenth of one percent of that
amount. When EPA issues a no objection notice, the transferor and the
transferee may proceed with the transfer. However, if EPA ultimately
finds that the transferor did not have sufficient unexpended allowances
to cover the claim, the transferor and transferee will be held liable
for any violations of the regulations of this subpart that occur as a
result of, or in conjunction with, the improper transfer.
(B) If EPA's records show that the transferor has insufficient
unexpended allowances to cover the transfer claim, or that the
transferor has failed to respond to one or more Agency requests to
supply information needed to make a determination, the Administrator
will issue a notice disallowing the transfer. Within 10 working days
after receipt of notification, either party may file a notice of appeal,
with supporting reasons, with the Administrator. The Administrator may
affirm or vacate the disallowance. If no appeal is taken by the tenth
working day after notification, the disallowance shall be final on that
day.
[[Page 28]]
(iii) In the event that the Administrator does not respond to a
transfer claim within the three working days specified in paragraph
(a)(1)(ii) of this section the transferor and transferee may proceed
with the transfer. EPA will reduce the transferor's balance of
unexpended allowances by the amount to be transferred plus, in the case
of transfers of production or consumption allowances, one percent of
that amount, and in the case of essential use allowances and critical
use allowances, one tenth of one percent of that amount. However if EPA
ultimately finds that the transferor did not have sufficient unexpended
allowances to cover the claim, the transferor and transferee will be
held liable for any violations of the regulations of this subpart that
occur as a result of, or in conjunction with, the improper transfer.
(2) [Reserved]
(b)--(c) [Reserved]
(d) Transfers of essential-use CFCs. (1) Effective January 1, 2002,
any metered dose inhaler company (transferor) may transfer essential-use
CFCs to another metered dose inhaler company (transferee) provided that
the Administrator approves the transfer.
(2) The transferee must submit a transfer claim to the Administrator
for approval before the transfer can take place. The transfer claim must
set forth the following:
(i) The identities and addresses of the transferor and the
transferee; and
(ii) The name and telephone numbers of contact persons for the
transferor and the transferee; and
(iii) The amount of each controlled substance (CFC-11, CFC-12, or
CFC-114) being transferred; and
(iv) The specific metered dose inhaler products (i.e. the MDI drug
product or active moiety) that the transferee plans to produce with the
transferred CFCs; and
(v) The country(ies) where the CFC metered dose inhalers produced
with the transferred essential-use CFCs will be sold if other than in
the United States; and
(vi) Certification that the essential-use CFCs will be used in the
production of essential MDIs. If the MDIs are to be sold in the United
States, the certification must state that MDIs produced with the
transferred essential-use CFCs are listed as essential at 21 CFR 2.125,
and were approved by the Food and Drug Administration before December
31, 2000. If the MDIs produced with the essential-use CFCs are to be
sold outside the United States, the transferee must certify that the
metered dose inhalers produced with the essential-use CFCs are
considered essential by the importing country.
(3) The transferor must submit a letter stating that it concurs with
the terms of the transfer as requested by the transferee.
(4) Once the transfer claim is complete, and if EPA does not object
to the transfer, then EPA will issue letters to the transferor and the
transferee within 10 business days indicating that the transfer may
proceed. EPA reserves the right to disallow a transfer if the transfer
request is incomplete, or if it has reason to believe that the
transferee plans use the essential-use CFCs in anything other than
essential MDIs. If EPA objects to the transfer, within EPA will issue
letters to the transferor and transferee stating the basis for
disallowing the transfer. The burden of proof is placed on the
transferee to retain sufficient records to prove that the transferred
essential-use CFCs are used only for production of essential MDIs. If
EPA ultimately finds that the transferee did not use the essential-use
CFCs for production of essential MDIs then the transferee is in
violation of this subpart.
[60 FR 24986, May 10, 1995, as amended at 65 FR 70804, Nov. 28, 2000; 66
FR 1471, Jan. 8, 2001; 67 FR 6361, Feb. 11, 2002; 69 FR 77004, Dec. 23,
2004; 79 FR 44311, July 31, 2014; 85 FR 15292, Mar. 17, 2020]
Sec. 82.13 Recordkeeping and reporting requirements for class I controlled
substances.
(a) Effective dates. Unless otherwise specified, the recordkeeping
and reporting requirements set forth in this section take effect on
January 1, 1995. For class I, Group VIII controlled substances, the
recordkeeping and reporting requirements set forth in this section take
effect on August 18, 2003. For critical use methyl bromide, the
recordkeeping and reporting requirements
[[Page 29]]
set forth in this section take effect January 1, 2005.
(b) Reports and records required by this section may be used for
purposes of compliance determinations. These requirements are not
intended as a limitation on the use of other evidence admissible under
the Federal Rules of Evidence. Failure to provide the reports, petitions
and records required by this section, and to certify the accuracy of the
information in the reports, petitions and records required by this
section, will be considered a violation of this subpart. False
statements made in reports, petitions and records will be considered
violations of Section 113 of the Clean Air Act.
(c) Timing of reports. Unless otherwise specified, reports required
by this section must be submitted to the Administrator within 45 days of
the end of the applicable reporting period. Revisions of reports that
are required by this section must be submitted to the Administrator
within 180 days of the end of the applicable reporting period, unless
otherwise specified. Starting May 18, 2020, reports that are available
for submission through the Central Data Exchange must be submitted
electronically through that tool.
(d) Records and copies of reports required by this section must be
retained for three years.
(e) In reports required by this section, quantities of controlled
substances must be stated in terms of kilograms.
(f) Producers. Every person (``producer'') who produces class I
controlled substances during a control period must comply with the
following recordkeeping and reporting requirements:
(1) Within 120 days of May 10, 1995, or within 120 days of the date
that a producer first produces a class I controlled substance, whichever
is later, and within 120 days of July 18, 2003 for class I, Group VIII
controlled substances, every producer who has not already done so must
submit to the Administrator a report describing:
(i) The method by which the producer in practice measures daily
quantities of controlled substances produced;
(ii) Conversion factors by which the daily records as currently
maintained can be converted into kilograms of controlled substances
produced, including any constants or assumptions used in making those
calculations (e.g., tank specifications, ambient temperature or
pressure, density of the controlled substance);
(iii) Internal accounting procedures for determining plant-wide
production;
(iv) The quantity of any fugitive losses accounted for in the
production figures; and
(v) The estimated percent efficiency of the production process for
the controlled substance. Within 60 days of any change in the
measurement procedures or the information specified in the above report,
the producer must submit a report specifying the revised data or
procedures to the Administrator.
(2) Recordkeeping requirements Every producer of a class I
controlled substance during a control period must maintain the following
records:
(i) Dated records of the quantity of each controlled substance
produced at each facility;
(ii) Dated records of the quantity of controlled substances produced
for use in processes that result in their transformation or for use in
processes that result in their destruction and quantity sold for use in
processes that result in their transformation or for use in processes
that result in their destruction;
(iii) Dated records of the quantity of controlled substances
produced for an essential-use and quantity sold for use in an essential-
use process;
(iv)--(v) [Reserved]
(vi) Copies of invoices or receipts documenting sale of controlled
substance for use in processes resulting in their transformation or for
use in processes resulting in destruction;
(vii) Dated records of the quantity of each controlled substance
used at each facility as feedstocks or destroyed in the manufacture of a
controlled substance or in the manufacture of any other substance, and
any controlled substance introduced into the production process of the
same controlled substance at each facility;
(viii) Dated records identifying the quantity of each chemical not a
controlled substance produced within each
[[Page 30]]
facility also producing one or more controlled substances;
(ix) Dated records of the quantity of raw materials and feedstock
chemicals used at each facility for the production of controlled
substances;
(x) Dated records of the shipments of each controlled substance
produced at each plant;
(xi) The quantity of controlled substances, the date received, and
names and addresses of the source of used materials containing
controlled substances which are recycled or reclaimed at each plant;
(xii) Records of the date, the controlled substance, and the
estimated quantity of any spill or release of a controlled substance
that equals or exceeds 100 pounds;
(xiii) Internal Revenue Service Certificates in the case of
transformation, or the destruction verification in the case of
destruction (as in Sec. 82.13(k)), showing that the purchaser or
recipient of a controlled substance, in the United States or in another
country that is a Party, certifies the intent to either transform or
destroy the controlled substance, or sell the controlled substance for
transformation or destruction in cases when production and consumption
allowances were not expended;
(xiv) Written verifications that essential-use allowances were
conveyed to the producer for the production of specified quantities of a
specific controlled substance that will only be used for the named
essential-use and not resold or used in any other manufacturing process;
(xv) Written certifications that quantities of controlled
substances, meeting the purity criteria in appendix G of this subpart,
were purchased by distributors of laboratory supplies or by laboratory
customers to be used only in essential laboratory and analytical uses as
defined by appendix G, and not to be resold or used in manufacturing;
(xvi) [Reserved]
(xvii) For methyl bromide, dated records of the quantity of
controlled substances produced for quarantine and preshipment
applications and quantity sold for quarantine and preshipment
applications;
(xviii) Written certifications that quantities of methyl bromide
produced solely for quarantine and preshipment applications were
purchased by distributors or applicators to be used only for quarantine
applications and preshipment applications in accordance with the
definitions in this subpart; and
(xix) Written verifications from a U.S. purchaser that methyl
bromide produced solely for quarantine and preshipment applications, if
exported, will be exported solely for quarantine applications and
preshipment applications upon receipt of a certification in accordance
with the definitions of this subpart and requirements in paragraph (h)
of this section.
(xx) For methyl bromide, dated records such as invoices and order
forms, and a log of the quantity of controlled substances produced for
critical use, specifying quantities dedicated for pre-plant use and
quantities dedicated for post-harvest use, and the quantity sold for
critical use, specifying quantities dedicated for pre-plant use and
quantities dedicated for post-harvest use;
(xxi) Written certifications that quantities of methyl bromide
produced for critical use were purchased by distributors, applicators,
or approved critical users to be used or sold only for critical use in
accordance with the definitions and prohibitions in this subpart.
Certifications must be maintained by the producer for a minimum of three
years; and
(xxii) For methyl bromide, dated records such as invoices and order
forms, and a log of the quantity of controlled substances produced
solely for export to satisfy critical uses authorized by the Parties for
that control period, and the quantity sold solely for export to satisfy
critical uses authorized by the Parties for that control period.
(3) Reporting requirements--producers. For each quarter, except as
specified below, each producer of a class I controlled substance must
provide the Administrator with a report containing the following
information:
(i) The production by company in that quarter of each controlled
substance, specifying the quantity of any
[[Page 31]]
controlled substance used in processing, resulting in its transformation
by the producer;
(ii) The amount of production for use in processes resulting in
destruction of controlled substances by the producer;
(iii) The levels of production (expended allowances and credits) for
each controlled substance;
(iv) [Reserved]
(v) The amount of controlled substance sold or transferred during
the quarter to a person other than the producer for use in processes
resulting in its transformation or eventual destruction;
(vi) A list of the quantities and names of controlled substances
exported, by the producer and or by other U.S. companies, to a Party to
the Protocol that will be transformed or destroyed and therefore were
not produced expending production or consumption allowances;
(vii) For transformation in the United States or by a person of
another Party, one copy of an IRS certification of intent to transform
the same controlled substance for a particular transformer and a list of
additional quantities shipped to that same transformer for the quarter;
(viii) For destruction in the United States or by a person of
another Party, one copy of a destruction verification (as under Sec.
82.13(k)) for a particular destroyer, destroying the same controlled
substance, and a list of additional quantities shipped to that same
destroyer for the quarter;
(ix) [Reserved]
(x) A list of the essential-use allowance holders, distributors of
laboratory supplies and laboratory customers from whom orders were
placed and the quantity of specific essential-use controlled substances
requested and produced;
(xi) The certifications from essential-use allowance holders stating
that the controlled substances were purchased solely for specified
essential uses and will not be resold or used in any other manufacturing
process;
(xii) In the case of laboratory essential-uses, certifications from
distributors of laboratory supplies that controlled substances were
purchased for sale to laboratory customers who certify that the
substances will only be used for essential laboratory and analytical
uses as defined by appendix G of this subpart, and will not be resold or
used in manufacturing; or, if sales are made directly to laboratories,
certification from laboratories that the controlled substances will only
be used for essential laboratory and analytical uses (defined at
appendix G of this subpart) and will not be resold or used in
manufacturing.
(xiii) The amount of methyl bromide sold or transferred during the
quarter to a person other than the producer solely for quarantine and
preshipment applications;
(xiv) A list of the quantities of methyl bromide produced by the
producer and exported by the producer and/or by other U.S. companies, to
a Party to the Protocol that will be used solely for quarantine and
preshipment applications and therefore were not produced expending
production or consumption allowances; and
(xv) For quarantine and preshipment applications of methyl bromide
in the United States or by a person of another Party, one copy of a
certification that the material will be used only for quarantine and
preshipment applications in accordance with the definitions in this
subpart from each recipient of the material and a list of additional
quantities shipped to that same person for the quarter.
(xvi) For critical uses of methyl bromide, producers shall report
annually the amount of critical use methyl bromide owned by the
reporting entity, specifying quantities dedicated for pre-plant use and
quantities dedicated for post-harvest use, as well as quantities held by
the reporting entity on behalf of another entity, specifying quantities
dedicated for pre-plant use and quantities dedicated for post-harvest
use along with the name of the entity on whose behalf the material is
held; and
(xvii) A list of the quantities of methyl bromide produced by the
producer and exported by the producer and/or by other U.S. companies in
that control period, solely to satisfy the critical uses authorized by
the Parties for that control period; and
(xviii) On an annual basis, the amount of methyl bromide produced or
[[Page 32]]
imported prior to the January 1, 2005, phaseout date owned by the
reporting entity, as well as quantities held by the reporting entity on
behalf of another entity, specifying the name of the entity on whose
behalf the material is held.
(4) For any person who fails to maintain the records required by
this paragraph, or to submit the report required by this paragraph, the
Administrator may assume that the person has produced at full capacity
during the period for which records were not kept, for purposes of
determining whether the person has violated the prohibitions at Sec.
82.4.
(g) Importers. Importers of class I controlled substances during a
control period must comply with record-keeping and reporting
requirements specified in this paragraph (g).
(1) Recordkeeping--importers. Any importer of a class I controlled
substance (including used, recycled and reclaimed controlled substances)
must maintain the following records:
(i) The quantity of each controlled substance imported, either alone
or in mixtures, including the percentage of each mixture which consists
of a controlled substance;
(ii) The quantity of those controlled substances imported that are
used (including recycled or reclaimed) and, where applicable, the
information provided with the petition as under paragraph (g)(2) of this
section;
(iii) The quantity of controlled substances other than transhipments
or used, recycled or reclaimed substances imported for use in processes
resulting in their transformation or destruction and quantity sold for
use in processes that result in their destruction or transformation;
(iv) The date on which the controlled substances were imported;
(v) The port of entry through which the controlled substances
passed;
(vi) The country from which the imported controlled substances were
imported;
(vii) The commodity code for the controlled substances shipped,
which must be one of those listed in Appendix K to this subpart;
(viii) The importer number for the shipment;
(ix) A copy of the bill of lading for the import;
(x) The invoice for the import;
(xi) The quantity of imports of used, recycled, or reclaimed class I
controlled substances;
(xii) The U.S. Customs entry number;
(xiii) Dated records documenting the sale or transfer of controlled
substances for use in processes resulting in transformation or
destruction;
(xiv) Copies of IRS certifications that the controlled substance
will be transformed or destruction verifications that it will be
destroyed (as in Sec. 82.13(k));
(xv) Dated records of the quantity of controlled substances imported
for an essential use; and
(xvi) Copies of certifications that imported controlled substances
are being purchased for essential laboratory and analytical uses
(defined at appendix G of this subpart) or being purchased for eventual
sale to laboratories that certify that controlled substances are for
essential laboratory and analytical uses (defined at appendix G of this
subpart).
(xvii) Dated records of the quantity of methyl bromide imported for
quarantine and preshipment applications and quantity sold for quarantine
and preshipment applications;
(xviii) Written certifications that quantities of methyl bromide
imported solely for quarantine and preshipment applications were
purchased by distributors or applicators to be used only for quarantine
and preshipment applications in accordance with the definitions in this
subpart; and
(xix) Written verifications from a U.S. purchaser that methyl
bromide imported solely for quarantine and preshipment applications, if
exported, will be exported solely for quarantine and preshipment
applications upon receipt of a certification in accordance with the
definitions of this subpart and requirements in paragraph (h) of this
section.
(xx) For methyl bromide, dated records such as invoices and order
forms, of the quantity of controlled substances imported for critical
use, specifying quantities dedicated for pre-plant use and quantities
dedicated for post-harvest use, and the quantity sold
[[Page 33]]
for critical use, specifying quantities dedicated for pre-plant use and
quantities dedicated for post-harvest use; and
(xxi) Written certifications that quantities of methyl bromide
imported for critical use were purchased by distributors, applicators,
or approved critical users to be used or sold only for critical use in
accordance with the definitions and prohibitions in this subpart.
Certifications must be maintained by an importer for a minimum of three
years.
(2) Petitioning--importers of used, recycled, or reclaimed
controlled substances. For each individual shipment over 5 pounds of a
used controlled substance as defined in Sec. 82.3, except for Group II
used controlled substances shipped in aircraft halon bottles for
hydrostatic testing and imports intended for destruction, an importer
must submit directly to the Administrator, at least 40 working days
before the shipment is to leave the foreign port of export, the
following information in a petition:
(i) Name, commodity code, and quantity in kilograms of the used
controlled substance to be imported;
(ii) Name and address of the importer, the importer ID number, and
the contact person's name, email address, and phone number;
(iii) Name, address, contact person, email address, and phone number
of all previous source facilities from which the used controlled
substance was recovered or the halon bank storing the controlled
substance;
(iv) A detailed description of the previous use of the controlled
substance at each source facility and a best estimate of when the
specific controlled substance was put into the equipment at each source
facility, and, when possible, documents indicating the date the material
was put into the equipment;
(v) A list of the name, make and model number of the equipment from
which the material was recovered at each source facility;
(vi) Name, address, contact person, email address, and phone number
of the exporter and of all persons to whom the material was transferred
or sold after it was recovered from the source facility;
(vii) The U.S. port of entry for the import, the expected date of
shipment and the vessel transporting the chemical. If at the time of
submitting a petition the importer does not know the U.S. port of entry,
the expected date of shipment and the vessel transporting the chemical,
and the importer receives a non-objection notice for the individual
shipment in the petition, the importer is required to notify the
Administrator of this information prior to the actual U.S. Customs entry
of the individual shipment;
(viii) A description of the intended use of the used controlled
substance, and, when possible, the name, address, contact person, email
address, and phone number of the ultimate purchaser in the United
States;
(ix) Name, address, contact person, email address, and phone number
of the U.S. reclamation facility, where applicable;
(x) If someone at the source facility recovered the controlled
substance from the equipment, the name, email address, and phone number
of that person;
(xi) If the imported controlled substance was reclaimed in a foreign
Party, the name, address, contact person, email address, and phone
number of any or all foreign reclamation facility(ies) responsible for
reclaiming the cited shipment;
(xii) The export license, application for an export license, or
official communication acknowledging the export from the appropriate
government agency in the country of export and, if recovered in another
country, the export license or official communication from the
appropriate government agency in that country, and quantity authorized
for export in kilograms on the export license, and an English
translation of these documents;
(xiii) If the imported used controlled substance is intended to be
sold as a refrigerant in the United States, the name, address, and email
address of the EPA-certified U.S. reclaimer who will bring the material
to the standard required under subpart F of this part if not already
reclaimed to those specifications; and
(xiv) [Reserved]
[[Page 34]]
(xv) If the used controlled substance is stored in a halon bank, in
lieu of the information required in paragraphs (g)(2)(iv) through (vi)
of this section, the petitioner may provide an official letter from the
appropriate government agency in the country where the material is
stored indicating that the halon is used and that the halon bank is
authorized to collect used halon. If source information in paragraphs
(g)(2)(iv) through (vi) is available, it should also be provided in
addition to the letter.
(3) Review of petition to import a used substance. Starting on the
first working day following receipt by the Administrator of a petition
to import a used class I controlled substance, the Administrator will
initiate a review of the information submitted under paragraph (g)(2) of
this section and take action within 40 working days to issue either an
objection-notice or a non-objection notice for the individual shipment
to the person who submitted the petition to import the used class I
controlled substance.
(i) For the following reasons, the Administrator may issue an
objection notice to a petition:
(A) If the Administrator determines that the information is
insufficient, that is, if the petition lacks or appears to lack any of
the information required under paragraph (g)(2) of this section or other
information that may be requested during the review of the petition
necessary to verify that the controlled substance is used;
(B) If the Administrator determines that any portion of the petition
contains false or misleading information, or the Administrator has
information from other U.S. or foreign government agencies indicating
that the petition contains false or misleading information;
(C) If the importer wishes to import a used class I controlled
substance from a country which is, for that particular controlled
substance, out of compliance regarding its phaseout obligations under
the Protocol or the transaction in the petition is contrary to other
provisions in the Vienna Convention or the Montreal Protocol;
(D) If the appropriate government agency in the exporting country
has not agreed to issue an export license for the cited individual
shipment of used controlled substance;
(E) If allowing the import of the used class I controlled substance
would run counter to government restrictions from either the country of
recovery or export regarding controlled ozone-depleting substances;
(F) If reclamation capacity is installed or is being installed for
that specific controlled substance in the country of recovery or country
of export and the capacity is funded in full or in part through the
Multilateral Fund.
(ii) Within ten (10) working days after receipt of the objection
notice, the importer may re-petition the Administrator, only if the
Administrator indicated ``insufficient information'' as the basis for
the objection notice. If no appeal is taken by the tenth working day
after the date on the objection notice, the objection shall become
final. Only one appeal of re-petition will be accepted for any petition
received by EPA.
(iii) Any information contained in the re-petition which is
inconsistent with the original petition must be identified and a
description of the reason for the inconsistency must accompany the re-
petition.
(iv) In cases where the Administrator does not object to the
petition based on the criteria listed in paragraph (g)(3)(i) of this
section, the Administrator will issue a non-objection notice.
(v) To pass the approved used class I controlled substances through
U.S. Customs, the non-objection notice issued by EPA must accompany the
shipment through U.S. Customs.
(vi) If for some reason, following EPA's issuance of a non-objection
notice, new information is brought to EPA's attention which shows that
the non-objection notice was issued based on false information, then EPA
has the right to:
(A) Revoke the non-objection notice;
(B) Pursue all means to ensure that the controlled substance is not
imported into the United States; and
(C) Take appropriate enforcement actions.
(vii) A person receiving the non-objection notice is permitted to
import
[[Page 35]]
the individual shipment only within one year of the date stamped on the
non-objection notice.
(viii) A person receiving a non-objection notice from the
Administrator for a petition to import used class I controlled
substances must maintain the following records:
(A) a copy of the petition;
(B) the EPA non-objection notice;
(C) the bill of lading for the import; and
(D) The U.S. Customs entry number.
(4) Reporting requirements--importers. For each quarter, except as
specified below, every importer of a class I controlled substance
(including importers of used, recycled or reclaimed controlled
substances) must submit to the Administrator a report containing the
following information:
(i) Summaries of the records required in paragraphs (g)(1) (i)
through (xvi) of this section for the previous quarter;
(ii) The total quantity imported in kilograms of each controlled
substance for that quarter;
(iii) The quantity of those controlled substances imported that are
used controlled substances.
(iv) The levels of import (expended consumption allowances before
January 1, 1996) of controlled substances for that quarter and totaled
by chemical for the control-period-to-date;
(vii) [Reserved]
(viii) The amount of controlled substances imported for use in
processes resulting in their transformation or destruction;
(ix) The amount of controlled substances sold or transferred during
the quarter to each person for use in processes resulting in their
transformation or eventual destruction;
(x) The amount of controlled substances sold or transferred during
the quarter to each person for an essential use;
(xi) [Reserved]
(xii) Internal Revenue Service Certificates showing that the
purchaser or recipient of imported controlled substances intends to
transform those substances or destruction verifications (as in Sec.
82.13(k)) showing that purchaser or recipient intends to destroy the
controlled substances; and
(xiii) The certifications from essential-use allowance holders
stating that the controlled substances were purchased solely for
specified essential-uses and will not be resold or used in
manufacturing; and the certifications from distributors of laboratory
supplies that the controlled substances were purchased solely for
eventual sale to laboratories that certify the controlled substances are
for essential laboratory and analytical uses (defined at appendix G of
this subpart), or if sales are made directly to laboratories,
certifications from laboratories that the controlled substances will
only be used for essential laboratory and analytical uses (defined at
appendix G of this subpart) and will not be resold or used in
manufacturing.
(xiv) In the case of laboratory essential uses, a certification from
distributors of laboratory supplies that controlled substances were
purchased for sale to laboratory customers who certify that the
substances will only be used for laboratory applications and will not be
resold or used in manufacturing; and
(xv) The amount of methyl bromide sold or transferred during the
quarter to a person other than the importer solely for quarantine and
preshipment applications;
(xvi) A list of the quantities of methyl bromide exported by the
importer and or by other U.S. companies, to a Party to the Protocol that
will be used solely for quarantine and preshipment applications and
therefore were not imported expending consumption allowances; and
(xvii) For quarantine and preshipment applications of methyl bromide
in the United States or by a person of another Party, one copy of a
certification that the material will be used only for quarantine and
preshipment applications in accordance with the definitions in this
subpart from each recipient of the material and a list of additional
quantities shipped to that same person for the quarter.
(xviii) For critical uses of methyl bromide, importers shall report
annually the amount of critical use methyl bromide owned by the
reporting entity, specifying quantities dedicated for pre-
[[Page 36]]
plant use and quantities dedicated for post-harvest use, as well as
quantities held by the reporting entity on behalf of another entity,
specifying quantities dedicated for pre-plant use and quantities
dedicated for post-harvest use along with the name of the entity on
whose behalf the material is held.
(xix) Importers shall report annually the amount of methyl bromide
produced or imported prior to the January 1, 2005, phaseout date owned
by the reporting entity, as well as quantities held by the reporting
entity on behalf of another entity, specifying the name of the entity on
whose behalf the material is held.
(5) Certification of intent to import for destruction. For each
individual shipment of a class I controlled substance imported with the
intent to destroy that substance, an importer must submit electronically
to the Administrator, at least 30 working days before the shipment is to
leave the foreign port of export, the following information:
(i) Name, commodity code, and quantity in kilograms of each
controlled substance to be imported;
(ii) Name and address of the importer, the importer ID number, and
the contact person's name, email address, and phone number;
(iii) Name and address of any intermediary who will aggregate
controlled substances imported for destruction, and the contact person's
name, email address, and phone number;
(iv) The U.S. port of entry for the import, the expected date of
shipment and the vessel transporting the material. If at the time of
submitting the certification of intent to import for destruction the
importer does not know the U.S. port of entry, the expected date of
shipment and the vessel transporting the material, and the importer
receives a non-objection notice for the individual shipment in the
petition, the importer is required to notify the Administrator of this
information prior to the entry of the individual shipment into the
United States;
(v) Name, address, contact person, email address, and phone number
of the responsible party at the destruction facility;
(vi) The export license, application for an export license, or
official communication acknowledging the export from the appropriate
government agency in the country of export and, if recovered in another
country, the export license or official communication from the
appropriate government agency in that country, and quantity authorized
for export in kilograms on the export license, and an English
translation of these documents; and
(vii) A certification of accuracy of the information submitted in
the certification.
(6) Destruction verification. For each individual shipment of a
class I controlled substance imported with the intent to destroy that
substance, an importer must submit to the Administrator a copy of the
destruction verification within 30 days after destruction of the
controlled substance(s).
(7) Review of certification of intent to import for destruction. (i)
Starting on the first working day following receipt by the Administrator
of a certification of intent to import a class I controlled substance
for destruction, the Administrator will initiate a review of the
information submitted under paragraph (g)(5) of this section and take
action within 30 working days to issue either an objection notice or a
non-objection notice for the individual shipment to the person who
submitted the certification of intent to import the class I controlled
substance for destruction.
(ii) The Administrator may issue an objection notice if the petition
lacks or appears to lack any of the information required under paragraph
(g)(5) of this section or for the reasons listed in paragraphs
(g)(3)(i)(B) through (F) of this section.
(iii) In cases where the Administrator does not object to the
petition, the Administrator will issue a non-objection notice.
(iv) To pass the approved class I controlled substances through U.S.
Customs, the non-objection notice issued by EPA must accompany the
shipment through U.S. Customs.
(v) If for some reason, following EPA's issuance of a non-objection
notice, new information is brought to EPA's attention which shows that
the
[[Page 37]]
non-objection notice was issued based on false information, then EPA has
the right to:
(A) Revoke the non-objection notice;
(B) Pursue all means to ensure that the class I controlled substance
is not imported into the United States; and
(C) Take appropriate enforcement actions.
(8) Timing of import. A person receiving the non-objection notice is
permitted to import the individual shipment only within one year of the
date stamped on the non-objection notice.
(9) Additional recordkeeping requirements--importers of used,
recycled, or reclaimed controlled substances. A person receiving a non-
objection notice from the Administrator for a certification of intent to
import class I controlled substances for destruction must maintain the
following records:
(i) A copy of the certificate of intent to import for destruction;
(ii) The EPA non-objection notice;
(iii) A copy of the export license, export license application, or
official communication from the appropriate government agency in the
country of export;
(iv) U.S. Customs entry documents for the import that must include
one of the commodity codes from appendix K to this subpart;
(v) The date, amount, and type of controlled substance sent for
destruction, per shipment;
(vi) An invoice from the destruction facility verifying the shipment
was received;
(vii) A copy of the destruction verification from the destruction
facility; and
(viii) An English translation of the document in paragraph
(g)(9)(iii) of this section.
(10) Recordkeeping requirements-aggregators. A person identified in
paragraph (g)(5)(iii) of this section as aggregating a controlled
substance prior to destruction must:
(i) Maintain transactional records that include the name and address
of the entity from whom they received the controlled substance imported
for destruction;
(ii) Maintain transactional records that include the name and
address of the entity to whom they sent the controlled substance
imported for destruction;
(iii) Maintain records that include the date and quantity of the
imported controlled substance received for destruction;
(iv) Maintain records that include the date and quantity of the
imported controlled substance sent for destruction; and
(v) If the person is the final aggregator of such a controlled
substance before the material is destroyed, maintain a copy of the
destruction verification.
(h) Reporting requirements--exporters. (1) For any exports of class
I controlled substances (except methyl bromide) not reported under
paragraph (f)(3) of this section (reporting for producers of controlled
substances), the exporter who exported a class I controlled substance
(except methyl bromide) must submit to the Administrator the following
information within 45 days after the end of the control period in which
the unreported exports left the United States:
(i) The names and addresses of the exporter and the recipient of the
exports;
(ii) The exporter's Employer Identification Number;
(iii) The type and quantity of each controlled substance exported
including the quantity of controlled substance that is used, recycled,
or reclaimed;
(iv) The date on which, and the port from which, the controlled
substances were exported from the United States or its territories;
(v) The country to which the controlled substances were exported;
(vi) The amount exported to each Article 5 country;
(vii) The commodity code of the controlled substance shipped; and
(viii) The invoice or sales agreement containing language similar to
the Internal Revenue Service Certificate that the purchaser or recipient
of imported controlled substances intends to transform those substances,
or destruction verifications (as in paragraph (k) of this section)
showing that the purchaser or recipient intends to destroy the
controlled substances.
[[Page 38]]
(2) For any exports of methyl bromide not reported under paragraph
(f)(3) of this section (reporting for producers of controlled
substances), the exporter who exported methyl bromide must submit to the
Administrator the following information within 45 days after the end of
each quarter in which the unreported exports left the United States:
(i) The names and addresses of the exporter and the recipient of the
exports;
(ii) The exporter's Employer Identification Number;
(iii) The quantity of methyl bromide exported by use
(transformation, destruction, critical use, or quarantine and
preshipment);
(iv) The date on which, and the port from which, the methyl bromide
was exported from the United States or its territories;
(v) The country to which the methyl bromide was exported;
(vi) The amount exported to each Article 5 country;
(vii) The commodity code of the controlled substance shipped; and
(viii) The invoice or sales agreement containing language similar to
the Internal Revenue Service Certificate that the purchaser or recipient
of imported methyl bromide intends to transform those substances, the
destruction verifications (as in paragraph (k) of this section) showing
that the purchaser or recipient intends to destroy the controlled
substances, or the certification that the purchaser or recipient and the
eventual applicator will only use the material for quarantine and
preshipment applications in accordance with the definitions in this
subpart.
(i) [Reserved]
(j) Persons who destroy class I controlled substances shall,
following promulgation of this rule, provide EPA with a one-time report
stating the destruction unit's destruction efficiency and the methods
used to record the volume destroyed and those used to determine
destruction efficiency and the name of other relevant federal or state
regulations that may apply to the destruction process. Any changes to
the unit's destruction efficiency or methods used to record volume
destroyed and to determine destruction efficiency must be reflected in a
revision to this report to be submitted to EPA within 60 days of the
change.
(k) Persons who purchase or receive and subsequently destroy
controlled class I substances that were originally produced without
expending allowances shall provide the producer or importer from whom
they purchased or received the controlled substances with a verification
that controlled substances will be used in processes that result in
their destruction.
(1) The destruction verification shall include the following:
(i) Identity and address of the person intending to destroy
controlled substances;
(ii) Indication of whether those controlled substances will be
completely destroyed, as defined in Sec. 82.3 of this rule, or less
than completely destroyed, in which case the destruction efficiency at
which such substances will be destroyed must be included;
(iii) Period of time over which the person intends to destroy
controlled substances; and
(iv) Signature of the verifying person.
(2) If, at any time, any aspects of this verification change, the
person must submit a revised verification reflecting such changes to the
producer from whom that person purchases controlled substances intended
for destruction.
(l) Persons who purchase class I controlled substances and who
subsequently transform such controlled substances shall provide the
producer or importer with the IRS certification that the controlled
substances are to be used in processes resulting in their
transformation.
(m) Any person who transforms or destroys class I controlled
substances who has submitted an IRS certificate of intent to transform
or a destruction verification (as under paragraph (k) of this section)
to the producer or importer of the controlled substance, must report the
names and quantities of class I controlled substances transformed and
destroyed for each control period within 45 days of the end of such
control period.
(n) Persons who import or export used controlled substances
(including
[[Page 39]]
recycled or reclaimed) must label their bill of lading or invoice
indicating that the controlled substance is used, recycled or reclaimed.
(o) Persons who import heels of controlled substances must label
their bill of lading or invoice indicating that the controlled substance
in the container is a heel.
(p) Every person who brings back a container with a heel to the
United States, as defined in Sec. 82.3, must report quarterly the
amount brought into the United States certifying that the residual
amount in each shipment is less than 10 percent of the volume of the
container and will either:
(1) Remain in the container and be included in a future shipment;
(2) Be recovered and transformed;
(3) Be recovered and destroyed; or
(4) Be recovered for a non-emissive use.
(q) Every person who brings a container with a heel into the United
States must report on the final disposition of each shipment within 45
days of the end of the control period.
(r) Every person who transships a controlled substance must maintain
records that indicate that the controlled substance shipment originated
in a foreign country destined for another foreign country, and does not
enter interstate commerce with the United States.
(s) Any person allocated essential-use allowances who submits an
order to a producer or importer for a controlled substance must report
the quarterly quantity received from each producer or importer.
(t) Any distributor of laboratory supplies receiving controlled
substances under the global laboratory essential-use exemption for sale
to laboratory customers must report quarterly the quantity received of
each controlled substance from each producer or importer.
(u) Holders of Essential-Use Allowances--Reporting.
(1) Within 30 days of the end of every quarter, any person allocated
essential-use allowances must submit to the Administrator a report
containing the quantity of each controlled substance, in kilograms,
purchased and received from each producer and each importer during that
quarter as well as from which country the controlled substance was
imported.
(2) Any person allocated essential-use allowances must submit to the
Administrator a report containing the following information within 30
days of the end of the control period, and, if possible, within 20 days
of the end of the control period:
(i) The gross quantity of each controlled substance, in kilograms,
that was used for the essential use during the control period; and
(ii) The quantity of each controlled substance, in kilograms,
contained in exported products during the control period; and
(iii) The quantity of each controlled substance, in kilograms, that
was destroyed or recycled during the control period; and
(iv) The quantity of each controlled substance, in kilograms, held
in inventory as of the last day of the control period, that was acquired
with essential use allowances in all control periods (i.e. quantity on
hand at the end of the year); and
(v) The quantity of each controlled substance, in kilograms, in a
stockpile that is owned by the company or is being held on behalf of the
company under contract, and was produced or imported through the use of
production allowances and consumption allowances prior to the phaseout
(i.e. class I ODSs produced before their phaseout dates); and
(vi) For essential use allowances for metered-dose inhalers only,
the allowance holder must report the total number of marketable units of
each specific metered-dose inhaler product manufactured in the control
period.
(v) Laboratory use exemption distributors. Any distributor of
laboratory supplies who purchased controlled substances under the global
essential laboratory and analytical use exemption must submit quarterly
(except distributors following procedures in paragraph (x) of this
section) the quantity of each controlled substance purchased by each
laboratory customer or distributor whose certification was previously
provided to the distributor pursuant to paragraph (w) of this section,
the contact information for the source
[[Page 40]]
company from which material was purchased, and the laboratories to whom
the material is sold.
(w) Laboratory use exemption customers. A laboratory customer
purchasing a controlled substance under the global essential laboratory
and analytical use exemption must provide the producer, importer or
distributor with a one-time-per-year certification for each controlled
substance that the substance will only be used for essential laboratory
and analytical uses (defined at appendix G of this subpart) and not be
resold or used in manufacturing.
(1) The identity and address of the laboratory customer;
(2) The name, email address, and phone number of a contact person
for the laboratory customer;
(3) The name and quantity of each controlled substance purchased,
and the estimated percent of the controlled substance that will be used
for each listed type of laboratory application.
(x) Any distributor of laboratory supplies who purchased class I
controlled substances under the global essential laboratory and
analytical use exemption, and who only sells the class I controlled
substances as reference standards for calibrating laboratory analytical
equipment, may write a letter to the Administrator requesting permission
to submit the reports required under paragraph (v) of this section
annually rather than quarterly. The Administrator will review the
request and issue a notification of permission to file annual reports
if, in the Administrator's judgment, the distributor meets the
requirements of this paragraph. Upon receipt of a notification of
extension from the Administrator, the distributor must submit annually
the quantity of each controlled substance purchased by each laboratory
customer whose certification was previously provided to the distributor
pursuant to paragraph (w) of this section.
(y) Quarantine and preshipment methyl bromide distributors. Every
distributor of methyl bromide who purchases or receives a quantity
produced or imported for quarantine or preshipment applications under
the exemptions in this subpart must comply with the following
recordkeeping and reporting requirements:
(1) Every distributor of quarantine and preshipment methyl bromide
must certify to the producer, importer, or distributor from whom they
purchased or received the controlled substance that quantities purchased
or received will be sold only for quarantine applications or preshipment
applications in accordance with the definitions in this subpart.
(2) Every distributor of quarantine and preshipment methyl bromide
must receive from an applicator, exporter, or distributor to whom they
sell or deliver the controlled substance a certification, prior to
delivery, stating that the quantity will be used or sold solely for
quarantine applications or preshipment applications in accordance with
definitions in this subpart.
(3) Every distributor of quarantine and preshipment methyl bromide
must maintain the certifications as records for 3 years.
(4) Every distributor of quarantine and preshipment methyl bromide
must report to the Administrator within 45 days after the end of each
quarter, the total quantity delivered to applicators or end users for
quarantine applications and preshipment applications in accordance with
definitions in this subpart.
(z) Quarantine and preshipment methyl bromide applicators. Every
applicator of methyl bromide who purchases or receives a quantity
produced or imported solely for quarantine or preshipment applications
under the exemptions in this subpart must comply with the following
recordkeeping and reporting requirements:
(1) Recordkeeping. Every applicator of methyl bromide produced or
imported for quarantine and preshipment applications under the
exemptions of this subpart must maintain, for every application, a
document from the commodity owner, shipper, or their agent requesting
the use of methyl bromide citing the requirement that justifies its use
in accordance with definitions in this subpart. These documents shall be
retained for 3 years.
(2) Reporting. Every applicator who purchases or receives methyl
bromide that was produced or imported for
[[Page 41]]
quarantine and preshipment applications under the exemptions in this
subpart shall provide the distributor of the methyl bromide, prior to
shipment, with a certification that the methyl bromide will be used only
for quarantine applications or preshipment applications as defined in
this subpart.
(aa) Quarantine and preshipment methyl bromide end user
certification. Every commodity owner, shipper or their agent requesting
an applicator to use methyl bromide that was produced or imported solely
for quarantine and preshipment applications under the exemptions of this
subpart must maintain a record for 3 years, for each request, certifying
knowledge of the requirements associated with the exemption for
quarantine and preshipment applications in this subpart and citing the
requirement that justifies its use. The record must include the
following statement: ``I certify knowledge of the requirements
associated with the exempted quarantine and preshipment applications
published in 40 CFR part 82, including the requirement that this letter
cite the treatments or official controls for quarantine applications or
the official requirements for preshipment requirements.''
(bb) Every distributor of methyl bromide (class I, Group VI
controlled substances) who purchases or receives a quantity of critical
use methyl bromide must comply with recordkeeping and reporting
requirements specified in this paragraph (bb).
(1) Recordkeeping--Every distributor of critical use methyl bromide
must certify to the producer or importer or other entity from which they
are acquiring quantities of critical use methyl bromide that such
quantities received will be sold or used only for approved critical
use(s) in accordance with the definitions and prohibitions in this
subpart.
(i) Every distributor of a quantity of critical use methyl bromide
must receive from an applicator, or any other entity to whom they sell
critical use methyl bromide, a certification of the quantity of critical
use methyl bromide ordered, prior to delivery of the quantity, stating
that the quantity will be sold or used only for approved critical uses
in accordance with definitions and prohibitions in this subpart.
(ii) Every distributor of methyl bromide who receives a
certification from an applicator or any other entity to which they sell
critical use methyl bromide must maintain the certifications as records
for 3 years.
(iii) Every distributor of a quantity of critical use methyl bromide
must maintain invoice and order records related to the sale of such
material for 3 years.
(2) Reporting--Every distributor of critical use methyl bromide must
report to the Administrator annually, the following items:
(i) For critical uses of class I, Group VI controlled substances, an
annual list of the amount of critical use methyl bromide bought;
(ii) For critical uses of class I, Group VI controlled substances,
an annual list of the amount of critical use methyl bromide sold for
each specified critical use in Appendix L of this subpart;
(iii) For critical uses of class I, Group VI controlled substances,
report the amount of critical use methyl bromide owned by the reporting
entity, specifying quantities dedicated for pre-plant use and quantities
dedicated for post-harvest use, as well as quantities held by the
reporting entity on behalf of another entity, specifying quantities
dedicated for pre-plant use and quantities dedicated for post-harvest
use, along with the name of the entity on whose behalf the material is
held;
(iv) [Reserved]
(v) The amount of methyl bromide produced or imported prior to the
January 1, 2005, phaseout date owned by the reporting entity, as well as
quantities held by the reporting entity on behalf of another entity,
specifying the name of the entity on whose behalf the material is held.
(cc) Every third party applicator of methyl bromide (class I, Group
VI controlled substances) that purchases or receives critical use methyl
bromide must comply with recordkeeping and reporting requirements
specified in this paragraph (cc).
(1) Recordkeeping--Every third party applicator of critical use
methyl bromide must certify to the producer or importer or other entity
from which
[[Page 42]]
they are acquiring quantities of critical use methyl bromide that such
quantities received will be sold or used only for approved critical
use(s) in accordance with the definitions and prohibitions in this
subpart.
(i) Every third party applicator of a quantity of critical use
methyl bromide must receive from any entity to whom they sell critical
use methyl bromide, a certification of the quantity of critical use
methyl bromide ordered, prior to delivery of the quantity, stating that
the quantity will be sold or used only for approved critical uses in
accordance with definitions and prohibitions in this subpart.
(ii) Every third party applicator of methyl bromide who receives a
certification from an entity to which they sell critical use methyl
bromide must maintain the certifications as records for 3 years.
(iii) Every third party applicator of a quantity of critical use
methyl bromide must maintain invoice and order records related to the
sale of such material for 3 years.
(2) Reporting--Every third party applicator of critical use methyl
bromide must report to the Administrator annually, the following items:
(i) For critical uses of class I, Group VI controlled substances, an
annual list of the amount of critical use methyl bromide bought;
(ii) For critical uses of class I, Group VI controlled substances,
an annual list of the amount of critical use methyl bromide sold for
each specified critical use in Appendix L of this subpart;
(iii) For critical uses of class I, Group VI controlled substances,
report annually the amount of critical use methyl bromide owned by the
reporting entity, specifying quantities dedicated for pre-plant use and
quantities dedicated for post-harvest use, as well as quantities held by
the reporting entity on behalf of another entity, specifying quantities
dedicated for pre-plant use and quantities dedicated for post-harvest
use, along with the name of the entity on whose behalf the material is
held;
(iv) [Reserved]
(v) The amount of methyl bromide produced or imported prior to the
January 1, 2005 phaseout date owned by the reporting entity, as well as
quantities held by the reporting entity on behalf of another entity,
specifying the name of the entity on whose behalf the material is held.
(dd) Every approved critical user purchasing an amount of critical
use methyl bromide or purchasing fumigation services with critical use
methyl bromide must, for each request, identify the use as a critical
use and certify being an approved critical user. The approved critical
user certification will state, in part: ``I certify, under penalty of
law, I am an approved critical user and I will use this quantity of
methyl bromide for an approved critical use. My action conforms to the
requirements associated with the critical use exemption published in 40
CFR part 82. I am aware that any agricultural commodity within a
treatment chamber, facility or field I fumigate with critical use methyl
bromide cannot subsequently or concurrently be fumigated with non-
critical use methyl bromide during the same control period, excepting a
QPS treatment or a treatment for a different use (e.g., a different crop
or commodity). I will not use this quantity of methyl bromide for a
treatment chamber, facility, or field that I previously fumigated with
non-critical use methyl bromide during the same control period,
excepting a QPS treatment or a treatment for a different use (e.g., a
different crop or commodity), unless a local township limit now prevents
me from using methyl bromide alternatives or I have now become an
approved critical user as a result of rulemaking.'' The certification
will also identify the type of critical use methyl bromide purchased,
the location of the treatment, the crop or commodity treated, the
quantity of critical use methyl bromide purchased, and the acreage/
square footage treated, and will be signed and dated by the approved
critical user.
[60 FR 24986, May 10, 1995]
Editorial Note: For Federal Register citations affecting Sec.
82.13, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
[[Page 43]]
Sec. 82.14 Process for electronic reporting.
(a) Starting May 18, 2020, reports and petitions that are available
to be submitted through the Central Data Exchange, as well as any
related supporting documents, must be submitted through that tool.
(b) Entities can register and access the Central Data Exchange as
follows:
(1) Go to EPA's Central Data Exchange website at https://cdx.epa.gov
and follow the links for the submission of ozone-depleting substances.
(2) Call EPA's Central Data Exchange Help Desk at 1-888-890-1995.
(3) Email the EPA's Central Data Exchange Help Desk at
[email protected].
[85 FR 15296, Mar. 17, 2020]
Sec. 82.15 Prohibitions for class II controlled substances.
(a) Production. (1) Effective January 21, 2003, no person may
produce class II controlled substances for which EPA has apportioned
baseline production and consumption allowances, in excess of the
quantity of unexpended production allowances, unexpended Article 5
allowances, unexpended export production allowances, or conferred
unexpended HCFC-141b exemption allowances held by that person for that
substance under the authority of this subpart at that time in that
control period, unless the substances are transformed or destroyed
domestically or by a person of another Party, or unless they are
produced using an exemption granted in paragraph (f) of this section.
Every kilogram of excess production constitutes a separate violation of
this subpart.
(2) Effective January 21, 2003, no person may use production
allowances to produce a quantity of class II controlled substance unless
that person holds under the authority of this subpart at the same time
consumption allowances sufficient to cover that quantity of class II
controlled substances. No person may use consumption allowances to
produce a quantity of class II controlled substances unless the person
holds under authority of this subpart at the same time production
allowances sufficient to cover that quantity of class II controlled
substances.
(b) Import. (1) Effective January 21, 2003, no person may import
class II controlled substances (other than transhipments, heels or used
class II controlled substances) for which EPA has apportioned baseline
production and consumption allowances , in excess of the quantity of
unexpended consumption allowances, or conferred unexpended HCFC-141b
exemption allowances held by that person under the authority of this
subpart at that time in that control period, unless the substances are
for use in a process resulting in their transformation or their
destruction, or unless they are produced using an exemption granted in
paragraph (f) of this section. Every kilogram of excess import
constitutes a separate violation of this subpart.
(2) Effective January 21, 2003, no person may import, at any time in
any control period, a used class II controlled substance for which EPA
has apportioned baseline production and consumption allowances, without
having submitted a petition to the Administrator and received a non-
objection notice in accordance with Sec. 82.24(c)(3) and (4). A person
issued a non-objection notice for the import of an individual shipment
of used class II controlled substances may not transfer or confer the
right to import, and may not import any more than the exact quantity (in
kilograms) of the used class II controlled substance stated in the non-
objection notice. Every kilogram of import of used class II controlled
substance in excess of the quantity stated in the non-objection notice
issued by the Administrator in accordance with Sec. 82.24(c)(3) and (4)
constitutes a separate violation of this subpart.
(3) No person may import for purposes of destruction, at any time in
any control period, a class II controlled substance for which EPA has
apportioned baseline production and consumption allowances, without
having submitted a certification of intent to import for destruction to
the Administrator and received a non-objection notice in accordance with
Sec. 82.24(c)(6). A person issued a non-objection notice for the import
of an individual shipment of class II controlled substances
[[Page 44]]
for destruction may not transfer or confer the right to import and may
not import any more than the exact quantity (in kilograms) of the class
II controlled substance stated in the non-objection notice. For imports
intended to be destroyed in the United States, a person issued a non-
objection notice must destroy the controlled substance within one year
of the date stamped on the non-objection letter, may not transfer or
confer the right to import, and may not import any more than the exact
quantity (in kilograms) of the class II controlled substance stated in
the non-objection notice. Every kilogram of import of class II
controlled substance in excess of the quantity stated in the non-
objection notice issued by the Administrator in accordance with Sec.
82.24(c)(6) constitutes a separate violation of this subpart.
(c) Production with Article 5 allowances. No person may introduce
into U.S. interstate commerce any class II controlled substance produced
with Article 5 allowances, except for export to an Article 5 Party as
listed in Appendix E of this subpart. Every kilogram of a class II
controlled substance produced with Article 5 allowances that is
introduced into interstate commerce other than for export to an Article
5 Party constitutes a separate violation under this subpart. No person
may export any class II controlled substance produced with Article 5
allowances to a non-Article 5 Party. Every kilogram of a class II
controlled substance that was produced with Article 5 allowances that is
exported to a non-Article 5 Party constitutes a separate violation under
this subpart.
(d) Production with export production allowances. No person may
introduce into U.S. interstate commerce any class II controlled
substance produced with export production allowances. Every kilogram of
a class II controlled substance that was produced with export production
allowances that is introduced into U.S. interstate commerce constitutes
a separate violation under this subpart.
(e) Trade with Parties. No person may import or export any quantity
of a class II controlled substance listed in Appendix A to this subpart,
from or to any foreign state that is not either:
(1) A Party to the Beijing Amendment. As of March 14, 2014, the
following foreign states had not ratified the Beijing Amendment:
Kazakhstan, Libya, and Mauritania. For updates on ratification status,
see the Ozone Secretariat's Web site at: http://ozone.unep.org/new_site/
en/treaty_ratification_status.php. Or,
(2) A foreign state not party to the Beijing Amendment that is
complying with the Beijing Amendment as defined in this subpart.
(f) Exemptions. (1) Medical Devices [Reserved]
(g) Introduction into interstate commerce or use. (1) Effective
January 1, 2010, no person may introduce into interstate commerce or use
HCFC-141b (unless used, recovered, and recycled) for any purpose except
for use in a process resulting in its transformation or its destruction;
for export to Article 5 Parties under Sec. 82.18(a); for HCFC-141b
exemption needs; as a transhipment or heel; or for exemptions permitted
in paragraph (f) of this section.
(2)(i) Effective January 1, 2010, no person may introduce into
interstate commerce or use HCFC-22 or HCFC-142b (unless used, recovered,
and recycled) for any purpose other than for use in a process resulting
in its transformation or its destruction; for use as a refrigerant in
equipment manufactured before January 1, 2010; for export to Article 5
Parties under Sec. 82.18(a); as a transhipment or heel; or for
exemptions permitted in paragraph (f) of this section.
(ii) Introduction into interstate commerce and use of HCFC-22 is not
subject to the prohibitions in paragraph (g)(2)(i) of this section if
the HCFC-22 is for use in medical equipment prior to January 1, 2015;
for use in thermostatic expansion valves prior to January 1, 2015; or
for use as a refrigerant in appliances manufactured before January 1,
2012, provided that the components are manufactured prior to January 1,
2010, and are specified in a building permit or a contract dated before
January 1, 2010, for use on a particular project.
(3) Effective January 1, 2015, no person may introduce into
interstate commerce or use HCFC-141b (unless used,
[[Page 45]]
recovered, and recycled) for any purpose other than for use in a process
resulting in its transformation or its destruction; for export to
Article 5 Parties under Sec. 82.18(a), as a transhipment or heel; or
for exemptions permitted in paragraph (f) of this section.
(4)(i) Effective January 1, 2015, no person may introduce into
interstate commerce or use any class II controlled substance not
governed by paragraphs (g)(1) through (3) of this section (unless used,
recovered and recycled) for any purpose other than for use in a process
resulting in its transformation or its destruction; for use as a
refrigerant in equipment manufactured before January 1, 2020; for use as
a fire suppression streaming agent listed as acceptable for use or
acceptable subject to narrowed use limits for nonresidential
applications in accordance with the regulations at subpart G of this
part; for export to Article 5 Parties under Sec. 82.18(a); as a
transhipment or heel; for exemptions permitted under paragraph (f) of
this section; or for exemptions permitted under paragraph (g)(4)(ii) or
(iii) of this section.
(ii) Effective January 1, 2015, use of HCFC-225ca or HCFC-225cb as a
solvent (excluding use in manufacturing a product containing HCFC-225ca
or HCFC-225cb) is not subject to the use prohibition in paragraph
(g)(4)(i) of this section if the person using the HCFC-225ca or HCFC-
225cb placed the controlled substance into inventory before January 1,
2015. This paragraph does not create an exemption to the prohibition on
introduction into interstate commerce in paragraph (g)(4)(i) of this
section.
(iii) Effective January 1, 2015, use of HCFC-124 as a sterilant for
the manufacture and testing of biological indicators is not subject to
the use prohibition in paragraph (g)(4)(i) of this section if the person
using the HCFC-124 placed the controlled substance into inventory before
January 1, 2015. This paragraph does not create an exemption to the
prohibition on introduction into interstate commerce in paragraph
(g)(4)(i) of this section.
(5)(i) Effective January 1, 2020, no person may introduce into
interstate commerce or use HCFC-123 or HCFC-124 (unless used, recovered
and recycled) for any purpose other than for use in a process resulting
in its transformation or its destruction; for use as a refrigerant in
equipment manufactured before January 1, 2020; for use as a fire
suppression streaming agent listed as acceptable for use or acceptable
subject to narrowed use limits for nonresidential applications in
accordance with the regulations at subpart G of this part and only to
the extent permitted under paragraph (g)(5)(ii) of this section; for
export to Article 5 Parties under Sec. 82.18(a); as a transhipment or
heel; or for exemptions permitted under paragraph (f) of this section.
(ii) HCFC-123 that was produced or imported on or after January 1,
2020 may be used as a fire suppression streaming agent only to service
equipment manufactured before January 1, 2020. HCFC-123 that was
produced or imported prior to January 1, 2020 (or used, recovered and
recycled) may be used as a fire suppression streaming agent in equipment
manufactured before, on, or after January 1, 2020.
(iii) Notwithstanding the prohibition on use in paragraph (g)(5)(i)
of this section, the use of HCFC-123 as a refrigerant in equipment
manufactured on or after January 1, 2020 but before January 1, 2021 is
permitted if the conditions of this paragraph (g)(5)(iii) are met. The
HCFC-123 must be in the possession of an entity that will complete the
manufacture of the appliance and imported prior to January 1, 2020. The
appliance components must be ready for shipment to a construction
location prior to July 24, 2019 and be specified in a building permit or
a contract dated before July 24, 2019 for use on a particular project.
All HCFC-123 used to service such appliances on or after January 1, 2021
must be used, recovered, or recycled.
(6) Effective January 1, 2030, no person may introduce into
interstate commerce or use any class II controlled substance (unless
used, recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction; for export
to Article 5 Parties under Sec. 82.18(a); as a transhipment or heel; or
for exemptions permitted in paragraph (f) of this section.
[[Page 46]]
(7) Effective January 1, 2040, no person may introduce into
interstate commerce or use any class II controlled substance (unless
used, recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction, as a
transhipment or heel, or for exemptions permitted in paragraph (f) of
this section.
(8) No person may sell or distribute, or offer for sale or
distribution, any class II substance that they know, or have reason to
know, was imported in violation of this section, except for such actions
needed to re-export the controlled substance. Every kilogram of a
controlled substance imported in contravention of this paragraph (g)(8)
that is sold or distributed, or offered for sale or distribution,
constitutes a separate violation of this subpart.
[68 FR 2848, Jan. 21, 2003, as amended at 69 FR 34031, June 17, 2004; 71
FR 41171, July 20, 2006; 74 FR 66445, Dec. 15, 2009; 79 FR 16686, Mar.
26, 2014; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020; 85 FR
15296, Mar. 17, 2020]
Sec. 82.16 Phaseout schedule of class II controlled substances.
(a)(1) Calendar-year allowances. In each control period as indicated
in the following tables, each person is granted the specified percentage
of baseline production allowances and baseline consumption allowances
for the specified class II controlled substances apportioned under
Sec. Sec. 82.17 and 82.19:
[[Page 47]]
Table 1 to Paragraph (a)--Calendar-Year HCFC Production Allowances
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of Percent of Percent of Percent of Percent of Percent of Percent of
Control period HCFC-141b HCFC-22 HCFC-142b HCFC-123 HCFC-124 HCFC-225ca HCFC-225cb
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003.................................... 0 100 100 .............. ..............
2004.................................... 0 100 100 .............. ..............
2005.................................... 0 100 100 .............. ..............
2006.................................... 0 100 100 .............. ..............
2007.................................... 0 100 100 .............. ..............
2008.................................... 0 100 100 .............. ..............
2009.................................... 0 100 100 .............. ..............
2010.................................... 0 41.9 0.47 0 125 125 125
2011.................................... 0 32 4.9 0 125 125 125
2012.................................... 0 17.7 4.9 0 125 125 125
2013.................................... 0 30.1 4.9 0 125 125 125
2014.................................... 0 26.1 4.9 0 125 125 125
2015.................................... 0 21.7 0.37 0 5 0 0
2016.................................... 0 21.7 0.32 0 5 0 0
2017.................................... 0 21.7 0.26 0 5 0 0
2018.................................... 0 21.7 0.21 0 5 0 0
2019.................................... 0 21.7 0.16 0 5 0 0
2020.................................... 0 0 0 0 5.0 0 0
2021.................................... 0 0 0 0 5.0 0 0
2022.................................... 0 0 0 0 5.0 0 0
2023.................................... 0 0 0 0 4.4 0 0
2024.................................... 0 0 0 0 3.8 0 0
2025.................................... 0 0 0 0 3.2 0 0
2026.................................... 0 0 0 0 2.5 0 0
2027.................................... 0 0 0 0 1.9 0 0
2028.................................... 0 0 0 0 1.3 0 0
2029.................................... 0 0 0 0 0.7 0 0
2030.................................... 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2 to Paragraph (a)--Calendar-Year HCFC Consumption Allowances
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of Percent of Percent of Percent of Percent of Percent of Percent of
Control period HCFC-141b HCFC-22 HCFC-142b HCFC-123 HCFC-124 HCFC-225ca HCFC-225cb
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003.................................... 0 100 100 .............. ..............
2004.................................... 0 100 100 .............. ..............
2005.................................... 0 100 100 .............. ..............
2006.................................... 0 100 100 .............. ..............
2007.................................... 0 100 100 .............. ..............
2008.................................... 0 100 100 .............. ..............
2009.................................... 0 100 100 .............. ..............
2010.................................... 0 41.9 0.47 125 125 125 125
2011.................................... 0 32 4.9 125 125 125 125
2012.................................... 0 17.7 4.9 125 125 125 125
2013.................................... 0 18 4.9 125 125 125 125
[[Page 48]]
2014.................................... 0 14.2 4.9 125 125 125 125
2015.................................... 0 7 1.7 100 8.3 0 0
2016.................................... 0 5.6 1.5 100 8.3 0 0
2017.................................... 0 4.2 1.2 100 8.3 0 0
2018.................................... 0 2.8 1 100 8.3 0 0
2019.................................... 0 1.4 0.7 100 8.3 0 0
2020.................................... 0 0 0 32.3 8.3 0 0
2021.................................... 0 0 0 32.3 8.3 0 0
2022.................................... 0 0 0 32.3 8.3 0 0
2023.................................... 0 0 0 28.4 7.3 0 0
2024.................................... 0 0 0 24.4 6.3 0 0
2025.................................... 0 0 0 20.4 5.3 0 0
2026.................................... 0 0 0 16.4 4.2 0 0
2027.................................... 0 0 0 12.5 3.2 0 0
2028.................................... 0 0 0 8.5 2.2 0 0
2029.................................... 0 0 0 4.5 1.1 0 0
2030.................................... 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 49]]
(2) Recoupment allowances. In the control period beginning January
1, 2013 and ending December 31, 2013, and again in the control period
beginning January 1, 2014 and ending December 31, 2014, certain
companies are granted HCFC consumption and production allowances in
addition to the percentage of baseline listed in the table at paragraph
(a)(1) of this section. The following companies will receive the amounts
listed below in both 2013 and 2014: 2,374,846 kg of HCFC-22 consumption
allowances and 2,305,924 kg of HCFC-22 production allowances to Arkema;
1,170 kg of HCFC-142b consumption allowances to DuPont; 29,146 kg of
HCFC-142b consumption allowances and 53,549 kg of HCFC-142b production
allowances to Honeywell; 578,948 kg of HCFC-22 consumption allowances to
Solvay Fluorides; and 144,900 kg of HCFC-142b production allowances to
Solvay Solexis.
(b) Effective January 1, 2003, no person may produce HCFC-141b
except for use in a process resulting in its transformation or its
destruction, for export under Sec. 82.18(a) using unexpended Article 5
allowances, for export under Sec. 82.18(b) using unexpended export
production allowances, for HCFC-141b exemption needs using unexpended
HCFC-141b exemption allowances, or for exemptions permitted in Sec.
82.15(f). Effective January 1, 2003, no person may import HCFC-141b
(other than transhipments, heels or used class II controlled substances)
in excess of the quantity of unexpended HCFC-141b exemption allowances
held by that person except for use in a process resulting in its
transformation or its destruction, or for exemptions permitted in Sec.
82.15(f).
(c) Effective January 1, 2010, no person may produce HCFC-22 or
HCFC-142b for any purpose other than for use in a process resulting in
their transformation or their destruction, for use in equipment
manufactured before January 1, 2010, for export under Sec. 82.18(a)
using unexpended Article 5 allowances, or for export under Sec.
82.18(b) using unexpended export production allowances, or for
exemptions permitted in Sec. 82.15(f). Effective January 1, 2010, no
person may import HCFC-22 or HCFC-142b (other than transhipments, heels
or used class II controlled substances) for any purpose other than for
use in a process resulting in their transformation or their destruction,
for exemptions permitted in Sec. 82.15(f), or for use in equipment
manufactured prior to January 1, 2010.
(d) Effective January 1, 2015, no person may produce class II
controlled substances not previously controlled for any purpose other
than for use in a process resulting in their transformation or their
destruction, for use as a refrigerant in equipment manufactured before
January 1, 2020, for use as a fire suppression streaming agent listed as
acceptable for use or acceptable subject to narrowed use limits for
nonresidential applications in accordance with the regulations at
subpart G of this part, for export under Sec. 82.18(a) using unexpended
Article 5 allowances, for export under Sec. 82.18(b) using unexpended
export production allowances, or for exemptions permitted in Sec.
82.15(f). Effective January 1, 2015, no person may import class II
controlled substances not subject to the requirements of paragraph (b)
or (c) of this section (other than transhipments, heels, or used class
II controlled substances) for any purpose other than for use in a
process resulting in their transformation or their destruction, for
exemptions permitted in Sec. 82.15(f), for use as a refrigerant in
equipment manufactured prior to January 1, 2020, or for use as a fire
suppression streaming agent listed as acceptable for use or acceptable
subject to narrowed use limits for nonresidential applications in
accordance with the regulations at subpart G of this part.
(e)(1) Effective January 1, 2020, no person may produce HCFC-22 or
HCFC-142b for any purpose other than for use in a process resulting in
their transformation or their destruction, for export under Sec.
82.18(a) using unexpended Article 5 allowances, or for exemptions
permitted in Sec. 82.15(f). Effective January 1, 2020, no person may
import HCFC-22 or HCFC-142b for any purpose other than for use in a
process resulting in their transformation or their destruction or for
exemptions permitted in Sec. 82.15(f).
[[Page 50]]
(2) Effective January 1, 2020, no person may produce HCFC-123 for
any purpose other than for use in a process resulting in its
transformation or its destruction, for use as a refrigerant in equipment
manufactured before January 1, 2020, for export under Sec. 82.18(a)
using unexpended Article 5 allowances, or for exemptions permitted in
Sec. 82.15(f). Effective January 1, 2020, no person may import HCFC-123
for any purpose other than for use in a process resulting in its
transformation or its destruction, for use as a refrigerant in equipment
manufactured before January 1, 2020, for use as a fire suppression
streaming agent in equipment manufactured before January 1, 2020 and
listed as acceptable for use or acceptable subject to narrowed use
limits for nonresidential applications, or for exemptions permitted in
Sec. 82.15(f).
(f) Effective January 1, 2030, no person may produce class II
controlled substances, for any purpose other than for use in a process
resulting in their transformation or their destruction, for export under
Sec. 82.18(a) using unexpended Article 5 allowances, or for exemptions
permitted in Sec. 82.15(f). Effective January 1, 2030, no person may
import class II controlled substances for any purpose other than for use
in a process resulting in their transformation or their destruction, or
for exemptions permitted in Sec. 82.15(f).
(g) Effective January 1, 2040, no person may produce class II
controlled substances for any purpose other than for use in a process
resulting in their transformation or their destruction, or for
exemptions permitted in Sec. 82.15(f).
(h) [Reserved]
[68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41171, July 20, 2006; 74
FR 66446, Dec. 15, 2009; 76 FR 47467, Aug. 5, 2011; 78 FR 20027, Apr. 3,
2013; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020]
Sec. 82.17 Apportionment of baseline production allowances for class II
controlled substances.
The following persons are apportioned baseline production allowances
for HCFC-22, HCFC-141b, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and
HCFC-225cb as set forth in the following table:
------------------------------------------------------------------------
Controlled
Person substance Allowances (kg)
------------------------------------------------------------------------
AGC Chemicals Americas.......... HCFC-225ca........ 266,608
HCFC-225cb........ 373,952
Arkema.......................... HCFC-22........... 46,692,336
HCFC-141b......... 24,647,925
HCFC-142b......... 484,369
DuPont.......................... HCFC-22........... 42,638,049
HCFC-124.......... 2,269,210
Honeywell....................... HCFC-22........... 37,378,252
HCFC-141b......... 28,705,200
HCFC-142b......... 2,417,534
HCFC-124.......... 1,759,681
MDA Manufacturing............... HCFC-22........... 2,383,835
Solvay Specialty Polymers USA, HCFC-142b......... 6,541,764
LLC.
------------------------------------------------------------------------
[79 FR 64287, Oct. 28, 2014]
Sec. 82.18 Availability of production in addition to baseline production
allowances for class II controlled substances.
(a) Article 5 allowances. (1) Effective January 1, 2003, a person
apportioned baseline production allowances for HCFC-141b, HCFC-22, or
HCFC-142b under Sec. 82.17 is also apportioned Article 5 allowances,
equal to 15 percent of their baseline production allowances, for the
specified HCFC for each control period up until December 31, 2009, to be
used for the production of the specified HCFC for export only to foreign
states listed in Appendix E to this subpart.
(2) Effective January 1, 2010, a person apportioned baseline
production allowances under Sec. 82.17 for HCFC-141b, HCFC-22, or HCFC-
142b is also apportioned Article 5 allowances, equal to 10 percent of
their baseline production allowances, for the specified HCFC for each
control period up until December
[[Page 51]]
31, 2019, to be used for the production of the specified HCFC for export
only to foreign states listed in Appendix E to this subpart.
(3) Effective January 1, 2015, a person apportioned baseline
production allowances under Sec. 82.17 for HCFC-123, HCFC-124, HCFC-
225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal to
10 percent of their baseline production allowances, for the specified
HCFC for each control period up until December 31, 2019, to be used for
the production of the specified HCFC for export only to foreign states
listed in Appendix E to this subpart.
(b) Export Production Allowances. (1) Effective January 1, 2003, a
person apportioned baseline production allowances for HCFC-141b under
Sec. 82.17 is also apportioned export production allowances, equal to
100 percent of their baseline production allowances, for HCFC-141b for
each control period up until December 31, 2009, to be used for the
production of HCFC-141b for export only, in accordance with this
section.
(2) [Reserved]
(c) International trades of production allowances, export production
allowances and Article 5 allowances. (1) A person may increase or
decrease their production allowances, export production allowances, or
Article 5 allowances, for a specified control period through trades with
a foreign state that is Party to the Beijing Amendment or is complying
with the Beijing Amendment as defined in this subpart. The foreign state
must agree either to trade to the person for the current control period
some quantity of production that the foreign state is permitted under
the Montreal Protocol or to receive from the person for the current
control period some quantity of production that the person is permitted
under this subpart. The person must expend their consumption allowances
allocated under Sec. 82.19, or obtained under Sec. 82.20 in order to
produce with the additional production allowances.
(2) Trade from a Party--Information requirements. (i) A person
requesting a trade from a Party must submit to the Administrator a
signed document from the principal diplomatic representative in that
nation's embassy in the U.S. stating that the appropriate authority
within that nation will establish or revise production limits for the
nation to equal the lowest of the following three production quantities:
(A) The maximum production that the nation is allowed under the
Protocol minus the quantity (in kilograms) to be traded;
(B) The maximum production that is allowed under the nation's
applicable domestic law minus the quantity (in kilograms) to be traded;
or
(C) The average of the nation's actual national production level for
the three years prior to the trade minus the production to be traded.
(ii) A person requesting a trade from a Party must also submit to
the Administrator a true copy of the document that sets forth the
following:
(A) The identity and address of the person;
(B) The identity of the Party;
(C) The names and telephone numbers of contact persons for the
person and for the Party;
(D) The chemical type and quantity (in kilograms) of production
being traded;
(E) Documentation that the Party possesses the necessary quantity of
unexpended production rights;
(F) The control period(s) to which the trade applies; and
(G) For increased production intended for export to the Party from
whom the allowances would be received, a signed statement of intent to
export to the Party.
(3) Trade to a Party--Information requirements. A person requesting
a trade to a Party must submit a request that sets forth the following
information to the Administrator:
(i) The identity and address of the person;
(ii) The identity of the Party;
(iii) The names and telephone numbers of contact persons for the
person and for the Party;
(iv) The chemical type and quantity (in kilograms) of allowable
production being traded; and
(v) The control period(s) to which the trade applies.
(4) Review of international trade request to a Party. After
receiving a trade request that meets the requirements of
[[Page 52]]
paragraph (c)(3) of this section, the Administrator may, at his/her
discretion, consider the following factors by seeking concurrence from
the Department of Commerce, the United States Trade Representative, and
the Department of State, where appropriate, in deciding whether to
approve such a trade:
(i) Possible creation of domestic economic hardship;
(ii) Possible effects on trade;
(iii) Potential environmental implications; and
(iv) The total quantity of unexpended production allowances held by
U.S. entities.
(5) Notice of trade. If the request meets the requirement of
paragraph (c)(2) of this section for trades from Parties and paragraphs
(c)(3) and (4) of this section for trades to Parties, the Administrator
will issue the person a notice. The notice will either grant or deduct
production allowances or export production allowances or Article 5
allowances and specify the control period to which the trade applies.
The Administrator may disapprove the trade request contingent on the
consideration of factors listed in paragraph (c)(4) of this section for
trades to Parties.
(i) For trades from a Party, the Administrator will issue a notice
revising the allowances held by the recipient of the trade to equal the
unexpended production allowances, unexpended export production
allowances, or unexpended Article 5 allowances held by the recipient of
the trade under this subpart plus the quantity of allowable production
traded from the Party.
(ii) For trades to a Party, the Administrator will issue a notice
revising the production limit for the trader to equal the lesser of:
(A) The unexpended production allowances, unexpended export
production allowances or unexpended Article 5 allowances held by the
trade or minus the quantity traded; or
(B) The unexpended production allowances held by the trader minus
the amount by which the U.S. average annual production of the class II
controlled substance being traded for the three years prior to the trade
is less than the total allowable production of that class II controlled
substance under this subpart minus the amount traded; or
(C) The total U.S. allowable production of the class II controlled
substance being traded minus the three-year average of the actual annual
U.S. production of the class II controlled substance prior to the
control period of the trade.
(6) Revised notices of production limits for subsequent traders. If
after one person obtains approval of a trade of allowable production of
a class II controlled substance to a Party and other persons obtain
approval for trades of the same class II controlled substance during the
same control period, the Administrator will issue revised notices. The
notices will revise the production limits for each of the other persons
trading to equal the lesser of:
(i) The unexpended production allowances, unexpended export
production allowances or unexpended Article 5 allowances held by the
trader under this subpart minus the quantity traded; or
(ii) The result of the following set of calculations:
(A) The total U.S. allowable production of the class II controlled
substance minus the three-year average of the actual annual U.S.
production of the class II controlled substance prior to the control
period of the trade;
(B) The quantity traded divided by the total quantity traded by all
the other persons trading the same class II controlled substance in the
same control period;
(C) The result of paragraph (c)(6)(ii)(A) of this section multiplied
by the result of paragraph (c)(6)(ii)(B) of this section;
(D) The quantity derived in paragraph (c)(6)(i) of this section,
minus the result of paragraph (c)(6)(ii)(C) of this section;
(7) Production limit for previous traders. The Administrator will
also issue a notice revising the production limit for each trader who
previously obtained approval of a trade of the class II controlled
substance to a Party in the same control period to equal the result of
the following set of calculations:
(i) The total U.S. allowable production of the class II controlled
substance minus the three-year average of the actual annual U.S.
production of the
[[Page 53]]
class II controlled substance prior to the control period of the trade;
(ii) The quantity traded by the person divided by the quantity
traded by all the persons who have traded that class II controlled
substance in that control period;
(iii) The result of paragraph (c)(7)(i) of this section multiplied
by the result of paragraph (c)(7)(ii) of this section.
(iv) The unexpended production allowances, unexpended export
production allowances or unexpended Article 5 allowances held by the
person plus the result of paragraph (c)(7)(iii) of this section;
(8) Effective date of revised production limits. The change in
production allowances, export production allowances or Article 5
allowances will be effective on the date that the notice is issued.
[68 FR 2848, Jan. 21, 2003, as amended at 74 FR 66446, Dec. 15, 2009; 79
FR 16687, Mar. 26, 2014]
Sec. 82.19 Apportionment of baseline consumption allowances for class II
controlled substances.
The following persons are apportioned baseline consumption
allowances for HCFC-22, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and
HCFC-225cb as set forth in the following table:
------------------------------------------------------------------------
Controlled
Person substance Allowances (kg)
------------------------------------------------------------------------
ABCO Refrigeration Supply...... HCFC-22............ 279,366
AGC Chemicals Americas......... HCFC-225ca......... 285,328
HCFC-225cb......... 286,832
Altair Partners................ HCFC-22............ 302,011
Arkema......................... HCFC-22............ 48,637,642
HCFC-141b.......... 25,405,570
HCFC-142b.......... 483,827
HCFC-124........... 3,719
Carrier........................ HCFC-22............ 54,088
Continental Industrial Group... HCFC-141b.......... 20,315
Coolgas, Inc................... HCFC-141b.......... 16,097,869
Combs Investment Property...... HCFC-22............ 1,040,458
HCFC-123........... 19,980
HCFC-124........... 3,742
Discount Refrigerants.......... HCFC-141b.......... 994
DuPont......................... HCFC-22............ 38,814,862
HCFC-141b.......... 9,049
HCFC-142b.......... 52,797
HCFC-123........... 1,877,042
HCFC-124........... 743,312
H.G. Refrigeration Supply...... HCFC-22............ 40,068
Honeywell...................... HCFC-22............ 35,392,492
HCFC-141b.......... 20,749,489
HCFC-142b.......... 1,315,819
HCFC-124........... 1,284,265
ICC Chemical Corp.............. HCFC-141b.......... 81,225
ICOR........................... HCFC-124........... 81,220
Mexichem Fluor Inc............. HCFC-22............ 2,546,305
Kivlan & Company............... HCFC-22............ 2,081,018
MDA Manufacturing.............. HCFC-22............ 2,541,545
Mondy Global................... HCFC-22............ 281,824
National Refrigerants.......... HCFC-22............ 5,528,316
HCFC-123........... 72,600
HCFC-124........... 50,380
Perfect Technology Center, LP.. HCFC-123........... 9,100
Refricenter of Miami........... HCFC-22............ 381,293
Refricentro.................... HCFC-22............ 45,979
R-Lines........................ HCFC-22............ 63,172
Saez Distributors.............. HCFC-22............ 37,936
Solvay Fluorides, LLC.......... HCFC-22............ 3,781,691
HCFC-141b.......... 3,940,115
Solvay Specialty Polymers USA, HCFC-142b.......... 194,536
LLC.
Tulstar Products............... HCFC-141b.......... 89,913
HCFC-123........... 34,800
HCFC-124........... 229,582
USA Refrigerants............... HCFC-22............ 14,865
------------------------------------------------------------------------
[79 FR 64288, Oct. 28, 2014]
[[Page 54]]
Sec. 82.20 Availability of consumption allowances in addition to baseline
consumption allowances for class II controlled substances.
(a) A person may obtain at any time during the control period, in
accordance with the provisions of this section, consumption allowances
equivalent to the quantity of class II controlled substances that the
person exported from the United States and its territories to a foreign
state in accordance with this section, when that quantity of class II
controlled substance was produced in the U.S. or imported into the
United States with expended consumption allowances. Both the export of
the class II controlled substance and the request for additional
consumption allowances must occur during a calendar year in which
consumption allowances were issued for that class II controlled
substance.
(1) The exporter must submit to the Administrator a request for
consumption allowances setting forth the following:
(i) The identities and addresses of the exporter and the recipient
of the exports;
(ii) The exporter's Employer Identification Number;
(iii) The names and telephone numbers of contact persons for the
exporter and the recipient;
(iv) The quantity (in kilograms) and type of class II controlled
substances reported;
(v) The source of the class II controlled substances and the date
purchased;
(vi) The date on which, and the port from which, the class II
controlled substances were exported from the U.S. or its territories;
(vii) The country to which the class II controlled substances were
exported;
(viii) A copy of the bill of lading and the invoice indicating the
net quantity (in kilograms) of class II controlled substances shipped
and documenting the sale of the class II controlled substances to the
purchaser;
(ix) The commodity codes of the class II controlled substances
reported; and
(x) A written statement from the producer that the class II
controlled substances were produced with expended allowances or a
written statement from the importer that the class II controlled
substances were imported with expended allowances.
(2) The Administrator will review the information and documentation
submitted under paragraph (a)(1) of this section and will issue a
notice.
(i) The Administrator will determine the quantity of class II
controlled substances that the documentation verifies was exported and
issue consumption allowances equivalent to the quantity of class II
controlled substances that were exported.
(A) The grant of the consumption allowances will be effective on the
date the notice is issued.
(B) The consumption allowances will be granted to the person the
exporter indicates, whether it is the producer, the importer, or the
exporter.
(ii) The Administrator will issue a notice that the consumption
allowances are not granted if the Administrator determines that the
information and documentation do not satisfactorily substantiate the
exporter's claims.
(b) International trades of consumption allowances. (1) A person may
increase its consumption allowances for a specified control period
through trades with another Party to the Protocol as set forth in this
paragraph (b). A person may only receive consumption from Poland or
Norway, or both, and only if the nation agrees to trade to the person
for the current control period some quantity of consumption that the
nation is permitted under the Montreal Protocol.
(2) Trade from a Party--Information requirements. A person must
submit the following information to the Administrator:
(i) A signed document from the principal diplomatic representative
in the Polish or Norwegian embassy in the U.S. stating that the
appropriate authority within that nation will establish or revise
consumption limits for the nation to equal the lowest of the following
three consumption quantities:
(A) The maximum consumption that the nation is allowed under the
Protocol minus the quantity (in kilograms) traded;
[[Page 55]]
(B) The maximum consumption that is allowed under the nation's
applicable domestic law minus the quantity (in kilograms) traded; or
(C) The average of the nation's actual consumption level for the
three years prior to the trade minus the consumption traded.
(ii) A person requesting a consumption trade from Poland or Norway
must also submit to the Administrator a true copy of the document that
sets forth the following:
(A) The identity and address of the person;
(B) The identity of the Party;
(C) The names and telephone numbers of contact persons for the
person and for the Party;
(D) The chemical type and quantity (in kilograms) of consumption
being traded;
(E) Documentation that the Party possesses the necessary quantity of
unexpended consumption rights;
(F) The control period(s) to which the trade applies; and
(3) Notice of trade. If the request meets the requirement of
paragraph (b)(2) of this section for trades from Parties, the
Administrator will issue the person a notice. The notice will grant
consumption allowances and specify the control period to which the trade
applies. The Administrator may disapprove the trade request if it does
not meet the requirements of paragraph (b)(2) of this section.
(4) Trade from a Party. The Administrator will issue a notice
revising the allowances held by the recipient of the trade to equal the
unexpended consumption allowances held by the recipient of the trade
under this subpart plus the quantity of allowable consumption traded
from the Party.
(5) Effective date of revised consumption limits. The change in
consumption allowances will be effective on the date that the notice is
issued.
[68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 79
FR 64288, Oct. 28, 2014]
Sec. Sec. 82.21-82.22 [Reserved]
Sec. 82.23 Transfers of allowances of class II controlled substances.
(a) Inter-company transfers. Effective January 1, 2003, a person
(``transferor'') may transfer to any other person (``transferee'') any
quantity of the transferor's class II consumption allowances, production
allowances, export production allowances, or Article 5 allowances for
the same type of allowance as follows:
(i) The transferor must submit to the Administrator a transfer claim
setting forth the following:
(A) The identities and addresses of the transferor and the
transferee;
(B) The name and telephone numbers of contact persons for the
transferor and the transferee;
(C) The type of allowances being transferred, including the names of
the class II controlled substances for which allowances are to be
transferred;
(D) The quantity (in kilograms) of allowances being transferred;
(E) The control period(s) for which the allowances are being
transferred;
(F) [Reserved]
(G) For trades of consumption allowances, production allowances,
export production allowances, or Article 5 allowances, the quantity of
the 0.1 percent offset applied to the unweighted quantity traded that
will be deducted from the transferor's allowance balance.
(ii) The Administrator will determine whether the records maintained
by EPA indicate that the transferor possesses unexpended allowances
sufficient to cover the transfer claim on the date the transfer claim is
processed. The transfer claim is the quantity (in kilograms) to be
transferred plus 0.1 percent of that quantity. The Administrator will
take into account any previous transfers, any production, and allowable
imports and exports of class II controlled substances reported by the
transferor. Within three working days of receiving a complete transfer
claim, the Administrator will take action to notify the transferor and
transferee as follows:
(A) The Administrator will issue a notice indicating that EPA does
not object to the transfer if EPA's records
[[Page 56]]
show that the transferor has sufficient unexpended allowances to cover
the transfer claim. In the case of transfers of production or
consumption allowances, EPA will reduce the transferor's balance of
unexpended allowances by the quantity to be transferred plus 0.1 percent
of that quantity. In the case of transfers of export production or
Article 5 allowances, EPA will reduce the transferor's balance of
unexpended allowances, respectively, by the quantity to be transferred
plus 0.1 percent of that quantity. The transferor and the transferee may
proceed with the transfer when EPA issues a no objection notice.
However, if EPA ultimately finds that the transferor did not have
sufficient unexpended allowances to cover the claim, the transferor and
transferee, where applicable, will be held liable for any knowing
violations of the regulations of this subpart that occur as a result of,
or in conjunction with, the improper transfer.
(B) The Administrator will issue a notice disallowing the transfer
if EPA's records show that the transferor has insufficient unexpended
allowances to cover the transfer claim, or that the transferor has
failed to respond to one or more Agency requests to supply information
needed to make a determination. Either party may file a notice of
appeal, with supporting reasons, with the Administrator within 10
working days after receipt of notification. The Administrator may affirm
or vacate the disallowance. If no appeal is taken by the tenth working
day after notification, the disallowance shall be final on that day.
(iii) The transferor and transferee may proceed with the transfer if
the Administrator does not respond to a transfer claim within the three
working days specified in paragraph (a)(1)(ii) of this section. In the
case of transfers of production or consumption allowances, EPA will
reduce the transferor's balance of unexpended allowances by the quantity
to be transferred plus 0.1 percent of that quantity. In the case of
transfers of export production allowances or Article 5 allowances, EPA
will reduce the transferor's balance of unexpended allowances by the
quantity to be transferred plus 0.1 percent of that quantity. If EPA
ultimately finds that the transferor did not have sufficient unexpended
allowances to cover the claim, the transferor and/or the transferee,
where applicable, will be held liable for any knowing violations of the
regulations of this subpart that occur as a result of, or in conjunction
with, the improper transfer.
(b) Inter-pollutant transfers. (1) Effective January 1, 2003, a
person (transferor) may convert consumption allowances, production
allowances or Article 5 allowances for one class II controlled substance
to the same type of allowance for another class II controlled substance
listed in appendix B of this subpart, following the procedures described
in paragraph (b)(3) of this section.
(i) A person (transferor) may only convert allowances for one class
II controlled substance for which EPA has issued allowances under Sec.
82.16 to another class II controlled substance for which EPA has issued
allowances under Sec. 82.16.
(ii) [Reserved]
(2) Inter-pollutant transfers will be permitted at any time during
the control period and during the 30 days after the end of a control
period.
(3) The transferor must submit to the Administrator a transfer claim
that includes the following:
(i) The identity and address of the transferor;
(ii) The name and telephone number of a contact person for the
transferor;
(iii) The type of allowances being converted, including the names of
the class II controlled substances for which allowances are to be
converted;
(iv) The quantity (in kilograms) and type of allowances to be
converted;
(v) The quantity (in kilograms) of allowances to be subtracted from
the transferor's unexpended allowances for the first class II controlled
substance, to be equal to 100.1 percent of the quantity of allowances
converted;
(vi) The quantity (in kilograms) of allowances to be added to the
transferee's unexpended allowances for the second class II controlled
substance, to be equal to the quantity (in kilograms)
[[Page 57]]
of allowances for the first class II controlled substance being
converted multiplied by the quotient of the ozone depletion potential of
the first class II controlled substance divided by the ozone depletion
potential of the second class II controlled substance, as listed in
Appendix B to this subpart;
(vii) The control period(s) for which the allowances are being
converted; and
(viii) The quantity (in kilograms) of unexpended allowances of the
type and for the control period being converted that the transferor
holds under authority of this subpart as of the date the claim is
submitted to EPA.
(4) The Administrator will determine whether the records maintained
by EPA indicate that the convertor possesses unexpended allowances
sufficient to cover the transfer claim on the date the transfer claim is
processed (i.e., the quantity (in kilograms) to be converted plus 0.1
percent of that quantity (in kilograms)). EPA will take into account any
previous transfers, and any production, imports (not including
transshipments or used class II controlled substances), or exports (not
including transhipments or used class II controlled substances) of class
II controlled substances reported by the convertor. Within three working
days of receiving a complete transfer claim, the Administrator will take
action to notify the convertor as follows:
(i) The Administrator will issue a notice indicating that EPA does
not object to the transfer if EPA's records show that the convertor has
sufficient unexpended allowances to cover the transfer claim. EPA will
reduce the transferor's balance of unexpended allowances by the quantity
to be converted plus 0.1 percent of that quantity (in kilograms). When
EPA issues a no objection notice, the transferor may proceed with the
transfer. However, if EPA ultimately finds that the transferor did not
have sufficient unexpended allowances to cover the claim, the transferor
will be held liable for any violations of the regulations of this
subpart that occur as a result of, or in conjunction with, the improper
transfer.
(ii) The Administrator will issue a notice disallowing the transfer
if EPA's records show that the transferor has insufficient unexpended
allowances to cover the transfer claim, or that the transferor has
failed to respond to one or more Agency requests to supply information
needed to make a determination. The transferor may file a notice of
appeal, with supporting reasons, with the Administrator within 10
working days after receipt of notification. The Administrator may affirm
or vacate the disallowance. If no appeal is taken by the tenth working
day after notification, the disallowance shall be final on that day.
(iii) The transferor may proceed with the transfer if the
Administrator does not respond to a transfer claim within the three
working days specified in paragraph (b)(4) of this section. EPA will
reduce the transferor's balance of unexpended allowances by the quantity
(in kilograms) to be converted plus 0.1 percent of that quantity (in
kilograms). The transferor will be held liable for any violations of the
regulations of this subpart that occur as a result of, or in conjunction
with, the improper transfer if EPA ultimately finds that the transferor
did not have sufficient unexpended allowances or credits to cover the
claim.
(c) Inter-company transfers and Inter-pollutant transfers. If a
person requests an inter-company transfer and an inter-pollutant
transfer simultaneously, the quantity (in kilograms) subtracted from the
transferor's unexpended production or consumption allowances for the
first class II controlled substance will be equal to 100.1 percent of
the quantity (in kilograms) of allowances that are being converted and
transferred.
(d) Permanent transfers. The procedures in paragraph (a) of this
section apply to permanent inter-company transfers of baseline
production allowances or baseline consumption allowances. A person
receiving a permanent transfer of baseline production allowances or
baseline consumption allowances (the transferee) for a specific class II
controlled substance will be the person who has their baseline
allowances adjusted in accordance with phaseout schedules in this
subpart. No person may conduct permanent inter-
[[Page 58]]
pollutant transfers of baseline production allowances or baseline
consumption allowances.
[68 FR 2848, Jan. 21, 2003, as amended at 78 FR 20028, Apr. 3, 2013; 85
FR 15298, Mar. 17, 2020]
Sec. 82.24 Recordkeeping and reporting requirements for class II
controlled substances.
(a) Recordkeeping and reporting. Any person who produces, imports,
exports, transforms, or destroys class II controlled substances must
comply with the following recordkeeping and reporting requirements:
(1) Reports required by this section must be submitted to the
Administrator within 45 days of the end of the applicable reporting
period, unless otherwise specified. Starting May 18, 2020, reports that
are available for submission through the Central Data Exchange must be
submitted electronically through that tool.
(2) Revisions of reports that are required by this section must be
mailed to the Administrator within 180 days of the end of the applicable
reporting period, unless otherwise specified.
(3) Records and copies of reports required by this section must be
retained for three years.
(4) Quantities of class II controlled substances must be stated in
terms of kilograms in reports required by this section.
(5) Reports and records required by this section may be used for
purposes of compliance determinations. These requirements are not
intended as a limitation on the use of other evidence admissible under
the Federal Rules of Evidence. Failure to provide the reports, petitions
and records required by this section and to certify the accuracy of the
information in the reports, petitions and records required by this
section, will be considered a violation of this subpart. False
statements made in reports, petitions and records will be considered
violations of Section 113 of the Clean Air Act and under 18 U.S.C. 1001.
(b) Producers. Persons (``producers'') who produce class II
controlled substances during a control period must comply with the
following recordkeeping and reporting requirements:
(1) Reporting--Producers. For each quarter, each producer of a class
II controlled substance must provide the Administrator with a report
containing the following information:
(i) The quantity (in kilograms) of production of each class II
controlled substance used in processes resulting in their transformation
by the producer and the quantity (in kilograms) intended for
transformation by a second party;
(ii) The quantity (in kilograms) of production of each class II
controlled substance used in processes resulting in their destruction by
the producer and the quantity (in kilograms) intended for destruction by
a second party;
(iii) The expended allowances for each class II controlled
substance;
(iv) [Reserved]
(v) The quantity (in kilograms) of class II controlled substances
sold or transferred during the quarter to a person other than the
producer for use in processes resulting in their transformation or
eventual destruction;
(vi) A list of the quantities and names of class II controlled
substances, exported by the producer to a Party to the Protocol, that
will be transformed or destroyed and therefore were not produced
expending production or consumption allowances;
(vii) For transformation in the U.S. or by a person of another
Party, one copy of a transformation verification from the transformer
for a specific class II controlled substance and a list of additional
quantities shipped to that same transformer for the quarter;
(viii) For destruction in the U.S. or by a person of another Party,
one copy of a destruction verification as required in paragraph (e) of
this section for a particular destroyer, destroying the same class II
controlled substance, and a list of additional quantities shipped to
that same destroyer for the quarter; and
(ix) [Reserved]
(x) In cases where the producer produced class II controlled
substances using Article 5 allowances, a list of U.S. entities that
purchased those class II controlled substances and exported them to
Article 5 countries.
[[Page 59]]
(2) Recordkeeping--Producers. Every producer of a class II
controlled substance during a control period must maintain the following
records:
(i) Dated records of the quantity (in kilograms) of each class II
controlled substance produced at each facility;
(ii) Dated records of the quantity (in kilograms) of class II
controlled substances produced for use in processes that result in their
transformation or for use in processes that result in their destruction;
(iii) Dated records of the quantity (in kilograms) of class II
controlled substances sold for use in processes that result in their
transformation or for use in processes that result in their destruction;
(iv) Dated records of the quantity (in kilograms) of class II
controlled substances produced with Article 5 allowances;
(v) Copies of invoices or receipts documenting sale of class II
controlled substances for use in processes that result in their
transformation or for use in processes that result in their destruction;
(vi) Dated records of the quantity (in kilograms) of each class II
controlled substance used at each facility as feedstocks or destroyed in
the manufacture of a class II controlled substance or in the manufacture
of any other substance, and any class II controlled substance introduced
into the production process of the same class II controlled substance at
each facility;
(vii) Dated records of the quantity (in kilograms) of raw materials
and feedstock chemicals used at each facility for the production of
class II controlled substances;
(viii) Dated records of the shipments of each class II controlled
substance produced at each plant;
(ix) The quantity (in kilograms) of class II controlled substances,
the date received, and names and addresses of the source of used
materials containing class II controlled substances which are recycled
or reclaimed at each plant;
(x) Records of the date, the class II controlled substance, and the
estimated quantity of any spill or release of a class II controlled
substance that equals or exceeds 100 pounds;
(xi) Transformation verification in the case of transformation, or
the destruction verification in the case of destruction as required in
paragraph (e) of this section showing that the purchaser or recipient of
a class II controlled substance, in the U.S. or in another country that
is a Party, certifies the intent to either transform or destroy the
class II controlled substance, or sell the class II controlled substance
for transformation or destruction in cases when allowances were not
expended; and
(xii) [Reserved]
(xiii) Written verifications from a U.S. purchaser that the class II
controlled substance was exported to an Article 5 country in cases where
Article 5 allowances were expended to produce the class II controlled
substance.
(3) For any person who fails to maintain the records required by
this paragraph, or to submit the report required by this paragraph, the
Administrator may assume that the person has produced at full capacity
during the period for which records were not kept, for purposes of
determining whether the person has violated the prohibitions at Sec.
82.15.
(c) Importers. Persons (``importers'') who import class II
controlled substances during a control period must comply with the
following recordkeeping and reporting requirements:
(1) Reporting--Importers. For each quarter, an importer of a class
II controlled substance (including importers of used class II controlled
substances) must submit to the Administrator a report containing the
following information:
(i) Summaries of the records required in paragraphs (c)(2)(i)
through (xvi) of this section for the previous quarter;
(ii) The total quantity (in kilograms) imported of each class II
controlled substance for that quarter;
(iii) The commodity code for the class II controlled substances
imported, which must be one of those listed in Appendix K to this
subpart;
(iv) The quantity (in kilograms) of those class II controlled
substances imported that are used class II controlled substances;
[[Page 60]]
(v) The quantity (in kilograms) of class II controlled substances
imported for that quarter and totaled by chemical for the control period
to date;
(vi) [Reserved]
(vii) The quantity (in kilograms) of class II controlled substances
imported for use in processes resulting in their transformation or
destruction;
(viii) The quantity (in kilograms) of class II controlled substances
sold or transferred during that quarter to each person for use in
processes resulting in their transformation or eventual destruction; and
(ix) Transformation verifications showing that the purchaser or
recipient of imported class II controlled substances intends to
transform those substances or destruction verifications showing that the
purchaser or recipient intends to destroy the class II controlled
substances (as provided in paragraph (e) of this section).
(2) Recordkeeping--Importers. An importer of a class II controlled
substance (including used class II controlled substances) must maintain
the following records:
(i) The quantity (in kilograms) of each class II controlled
substance imported, either alone or in mixtures, including the
percentage of each mixture which consists of a class II controlled
substance;
(ii) The quantity (in kilograms) of those class II controlled
substances imported that are used and the information provided with the
petition where a petition is required under paragraph (c)(3) of this
section;
(iii) The quantity (in kilograms) of class II controlled substances
other than transhipments or used substances imported for use in
processes resulting in their transformation or destruction;
(iv) The quantity (in kilograms) of class II controlled substances
other than transhipments or used substances imported and sold for use in
processes that result in their destruction or transformation;
(v) The date on which the class II controlled substances were
imported;
(vi) The port of entry through which the class II controlled
substances passed;
(vii) The country from which the imported class II controlled
substances were imported;
(viii) The commodity code for the class II controlled substances
shipped, which must be one of those listed in Appendix K to this
subpart;
(ix) The importer number for the shipment;
(x) A copy of the bill of lading for the import;
(xi) The invoice for the import;
(xii) The quantity (in kilograms) of imports of used class II
controlled substances;
(xiii) The U.S. Customs entry number;
(xiv) Dated records documenting the sale or transfer of class II
controlled substances for use in processes resulting in their
transformation or destruction; and
(xv) Copies of transformation verifications or destruction
verifications indicating that the class II controlled substances will be
transformed or destroyed (as provided in paragraph (e) of this section).
(3) Petition to import used class II controlled substances and
transhipment-Importers. For each individual shipment over 5 pounds of a
used class II controlled substance as defined in Sec. 82.3 for which
EPA has apportioned baseline production and consumption allowances, an
importer must submit directly to the Administrator, at least 40 working
days before the shipment is to leave the foreign port of export, the
following information in a petition:
(i) The name, commodity code and quantity (in kilograms) of the used
class II controlled substance to be imported;
(ii) The name and address of the importer, the importer ID number,
the contact person, email address, and phone number;
(iii) Name, address, contact person, email address, and phone number
of all previous source facilities from which the used class II
controlled substance was recovered;
(iv) A detailed description of the previous use of the class II
controlled substance at each source facility and a best estimate of when
the specific controlled substance was put into the equipment at each
source facility, and,
[[Page 61]]
when possible, documents indicating the date the material was put into
the equipment;
(v) A list of the name, make and model number of the equipment from
which the material was recovered at each source facility;
(vi) Name, address, contact person, email address, and phone number
of the exporter and of all persons to whom the material was transferred
or sold after it was recovered from the source facility;
(vii) The U.S. port of entry for the import, the expected date of
shipment and the vessel transporting the chemical. If at the time of
submitting a petition the importer does not know the U.S. port of entry,
the expected date of shipment and the vessel transporting the chemical,
and the importer receives a non-objection notice for the individual
shipment in the petition, the importer is required to notify the
Administrator of this information prior to the actual U.S. Customs entry
of the individual shipment;
(viii) A description of the intended use of the used class II
controlled substance, and, when possible, the name, address, contact
person, email address, and phone number of the ultimate purchaser in the
United States;
(ix) The name, address, contact person, email address, and phone
number of the U.S. reclamation facility, where applicable;
(x) If someone at the source facility recovered the class II
controlled substance from the equipment, the name, email address, and
phone number of that person;
(xi) If the imported class II controlled substance was reclaimed in
a foreign Party, the name, address, contact person, email address, and
phone number of any or all foreign reclamation facility(ies) responsible
for reclaiming the cited shipment;
(xii) The export license, application for an export license, or
official communication acknowledging the export from the appropriate
government agency in the country of export and, if recovered in another
country, the export license or official communication from the
appropriate government agency in that country, and quantity authorized
for export in kilograms on the export license, and an English
translation of these documents;
(xiii) If the imported used class II controlled substance is
intended to be sold as a refrigerant in the United States, the name,
address, and email address of the EPA-certified U.S. reclaimer who will
bring the material to the standard required under subpart F of this
part, if not already reclaimed to those specifications; and
(xiv) A certification of accuracy of the information submitted in
the petition.
(4) Review of petition to import used class II controlled substances
and transhipments--Importers. Starting on the first working day
following receipt by the Administrator of a petition to import a used
class II controlled substance, the Administrator will initiate a review
of the information submitted under paragraph (c)(3) of this section and
take action within 40 working days to issue either an objection-notice
or a non-objection notice for the individual shipment to the person who
submitted the petition to import the used class II controlled substance.
(i) The Administrator may issue an objection notice to a petition
for the following reasons:
(A) If the Administrator determines that the information is
insufficient, that is, if the petition lacks or appears to lack any of
the information required under paragraph (c)(3) of this section or other
information that may be requested during the review of the petition
necessary to verify that the controlled substance is used;
(B) If the Administrator determines that any portion of the petition
contains false or misleading information, or the Administrator has
information from other U.S. or foreign government agencies indicating
that the petition contains false or misleading information;
(C) If the transaction appears to be contrary to provisions of the
Vienna Convention on Substances that Deplete the Ozone Layer, the
Montreal Protocol and Decisions by the Parties, or the non-compliance
procedures outlined and instituted by the Implementation Committee of
the Montreal Protocol;
[[Page 62]]
(D) If the appropriate government agency in the exporting country
has not agreed to issue an export license for the cited individual
shipment of used class II controlled substance;
(E) If reclamation capacity is installed or is being installed for
that specific class II controlled substance in the country of recovery
or country of export and the capacity is funded in full or in part
through the Multilateral Fund.
(ii) Within ten (10) working days after receipt of the objection
notice, the importer may re-petition the Administrator, only if the
Administrator indicated ``insufficient information'' as the basis for
the objection notice. If no appeal is taken by the tenth working day
after the date on the objection notice, the objection shall become
final. Only one re-petition will be accepted for any original petition
received by EPA.
(iii) Any information contained in the re-petition which is
inconsistent with the original petition must be identified and a
description of the reason for the inconsistency must accompany the re-
petition.
(iv) In cases where the Administrator does not object to the
petition based on the criteria listed in paragraph (c)(4)(i) of this
section, the Administrator will issue a non-objection notice.
(v) To pass the approved used class II controlled substances through
U.S. Customs, the non-objection notice issued by EPA must accompany the
shipment through U.S. Customs.
(vi) If for some reason, following EPA's issuance of a non-objection
notice, new information is brought to EPA's attention which shows that
the non-objection notice was issued based on false information, then EPA
has the right to:
(A) Revoke the non-objection notice;
(B) Pursue all means to ensure that the class II controlled
substance is not imported into the U.S.; and
(C) Take appropriate enforcement actions.
(vii) A person receiving the non-objection notice is permitted to
import the individual shipment only within one year of the date stamped
on the non-objection notice.
(viii) A person receiving a non-objection notice from the
Administrator for a petition to import used class II controlled
substances must maintain the following records:
(A) A copy of the petition;
(B) The EPA non-objection notice;
(C) The bill of lading for the import; and
(D) The U.S. Customs entry number.
(5) Recordkeeping for transhipments--Importers. Any person who
tranships a class II controlled substance must maintain records that
indicate:
(i) That the class II controlled substance shipment originated in a
foreign country;
(ii) That the class II controlled substance shipment is destined for
another foreign country; and
(iii) That the class II controlled substance shipment will not enter
interstate commerce within the U.S.
(6) Certification of intent to import for destruction. For each
individual shipment of a class II controlled substance imported with the
intent to destroy that substance, an importer must submit electronically
to the Administrator, at least 30 working days before the shipment is to
leave the foreign port of export, the following information:
(i) Name, commodity code, and quantity in kilograms of each
controlled substance to be imported;
(ii) Name and address of the importer, the importer ID number, and
the contact person's name, email address, and phone number;
(iii) Name and address of any intermediary who aggregates controlled
substances imported for destruction, and the contact person's name,
email address, and phone number;
(iv) The U.S. port of entry for the import, the expected date of
shipment and the vessel transporting the material. If at the time of
submitting the certification of intent to import for destruction the
importer does not know the U.S. port of entry, the expected date of
shipment and the vessel transporting the material, and the importer
receives a non-objection notice for the individual shipment in the
petition, the importer is required to notify the Administrator of this
information prior
[[Page 63]]
to the entry of the individual shipment into the United States;
(v) Name, address, contact person, email address, and phone number
of the responsible party at the destruction facility;
(vi) The export license, application for an export license, or
official communication acknowledging the export from the appropriate
government agency in the country of export and, if recovered in another
country, the export license or official communication from the
appropriate government agency in that country, and quantity authorized
for export in kilograms on the export license, and an English
translation of these documents; and
(vii) A certification of accuracy of the information submitted in
the certification.
(7) Destruction verification. For each individual shipment of a
class II controlled substance imported with the intent to destroy that
substance, an importer must submit to the Administrator a copy of the
destruction verification within 30 days after destruction of the
controlled substance(s).
(8) Review of certification of intent to import for destruction. (i)
Starting on the first working day following receipt by the Administrator
of a certification of intent to import a class II controlled substance
for destruction, the Administrator will initiate a review of the
information submitted under paragraph (c)(6) of this section and take
action within 30 working days to issue either an objection notice or a
non-objection notice for the individual shipment to the person who
submitted the certification of intent to import the class II controlled
substance for destruction.
(ii) The Administrator may issue an objection notice if the petition
lacks or appears to lack any of the information required under paragraph
(c)(6) of this section or for the reasons listed in paragraphs
(c)(4)(i)(B) through (E) of this section.
(iii) In cases where the Administrator does not object to the
petition, the Administrator will issue a non-objection notice.
(iv) To pass the approved class II controlled substances through
U.S. Customs, the non-objection notice issued by EPA must accompany the
shipment through U.S. Customs.
(v) If for some reason, following EPA's issuance of a non-objection
notice, new information is brought to EPA's attention which shows that
the non-objection notice was issued based on false information, then EPA
has the right to:
(A) Revoke the non-objection notice;
(B) Pursue all means to ensure that the class II controlled
substance is not imported into the United States; and
(C) Take appropriate enforcement actions.
(9) Timing of import. A person receiving the non-objection notice is
permitted to import the individual shipment only within one year of the
date stamped on the non-objection notice.
(10) Additional recordkeeping requirements--importers of used,
recycled, or reclaimed controlled substances. A person receiving a non-
objection notice from the Administrator for a certification of intent to
import class II controlled substances for destruction must maintain the
following records:
(i) A copy of the certificate of intent to import for destruction;
(ii) The EPA non-objection notice;
(iii) A copy of the export license, export license application, or
official communication from the appropriate government agency in the
country of export;
(iv) U.S. Customs entry documents for the import that must include
one of the commodity codes from appendix K to this subpart;
(v) The date, amount, and type of controlled substance sent for
destruction, per shipment;
(vi) An invoice from the destruction facility verifying the shipment
was received;
(vii) A copy of the destruction verification from the destruction
facility; and
(viii) An English translation of the document in paragraph
(c)(10)(iii) of this section.
(11) Recordkeeping requirements-aggregators. A person identified in
paragraph (c)(6)(iii) of this section as aggregating a controlled
substance prior to destruction must:
(i) Maintain transactional records that include the name and address
of
[[Page 64]]
the entity from whom they received the controlled substance imported for
destruction;
(ii) Maintain transactional records that include the name and
address of the entity to whom they sent the controlled substance
imported for destruction;
(iii) Maintain records that include the date and quantity of the
imported controlled substance received for destruction;
(iv) Maintain records that include the date and quantity of the
imported controlled substance sent for destruction; and
(v) If the person is the final aggregator of such a controlled
substance before the material is destroyed, maintain a copy of the
destruction verification.
(d) Exporters. Persons (``exporters'') who export class II
controlled substances during a control period must comply with the
following reporting requirements:
(1) Reporting requirements--exporters. For any exports of class II
controlled substances not reported under paragraph (b)(2) of this
section (reporting for producers of class II controlled substances),
each exporter who exported a class II controlled substance must submit
to the Administrator the following information within 30 days after the
end of each quarter in which the unreported exports left the United
States:
(i) The names and addresses of the exporter and the recipient of the
exports;
(ii) The exporter's Employer Identification Number;
(iii) The type and quantity of each class II controlled substance
exported, including the quantity of controlled substance that is used,
reclaimed, or recycled;
(iv) The date on which, and the port from which, the class II
controlled substances were exported from the U.S. or its territories;
(v) The country to which the class II controlled substances were
exported;
(vi) The quantity (in kilograms) exported to each Article 5 country;
(vii) The commodity code for the class II controlled substances
shipped, which must be one of those listed in Appendix K to this
subpart;
(viii) For persons reporting transformation or destruction, the
invoice or sales agreement containing language similar to the
transformation verifications that the purchaser or recipient of imported
class II controlled substances intends to transform those substances, or
destruction verifications showing that the purchaser or recipient
intends to destroy the class II controlled substances (as provided in
paragraph (e) of this section).
(2) [Reserved]
(3) Reporting Article 5 allowances--Exporters. In addition to the
information required in paragraph (d)(1) of this section, any exporter
using Article 5 allowances must also provide the following to the
Administrator:
(i) The Employer Identification Number of the shipper or their
agent; and
(ii) The exporting vessel on which the class II controlled
substances were shipped.
(4) Reporting used class II controlled substances--Exporters. Any
exporter of used class II controlled substances must indicate on the
bill of lading or invoice that the class II controlled substance is
used, as defined in Sec. 82.3.
(e) Transformation and destruction. Any person who transforms or
destroys class II controlled substances must comply with the following
recordkeeping and reporting requirements:
(1) Recordkeeping--Transformation and destruction. Any person who
transforms or destroys class II controlled substances produced or
imported by another person must maintain the following:
(i) Copies of the invoices or receipts documenting the sale or
transfer of the class II controlled substances to the person;
(ii) Records identifying the producer or importer of the class II
controlled substances received by the person;
(iii) Dated records of inventories of class II controlled substances
at each plant on the first day of each quarter;
(iv) Dated records of the quantity (in kilograms) of each class II
controlled substance transformed or destroyed;
(v) In the case where class II controlled substances were purchased
or
[[Page 65]]
transferred for transformation purposes, a copy of the person's
transformation verification as provided under paragraph (e)(3)of this
section.
(vi) Dated records of the names, commercial use, and quantities (in
kilograms) of the resulting chemical(s) when the class II controlled
substances are transformed; and
(vii) Dated records of shipments to purchasers of the resulting
chemical(s) when the class II controlled substances are transformed.
(viii) In the case where class II controlled substances were
purchased or transferred for destruction purposes, a copy of the
person's destruction verification, as provided under paragraph (e)(5) of
this section.
(2) Reporting--Transformation and destruction. Any person who
transforms or destroys class II controlled substances and who has
submitted a transformation verification ((paragraph (e)(3) of this
section) or a destruction verification (paragraph (e)(5) of this
section) to the producer or importer of the class II controlled
substances, must report the following:
(i) The names and quantities (in kilograms) of the class II
controlled substances transformed for each control period within 45 days
of the end of such control period; and
(ii) The names and quantities (in kilograms) of the class II
controlled substances destroyed for each control period within 45 days
of the end of such control period.
(3) Reporting--Transformation. Any person who purchases class II
controlled substances for purposes of transformation must provide the
producer or importer with a transformation verification that the class
II controlled substances are to be used in processes that result in
their transformation.
(i) The transformation verification shall include the following:
(A) Identity and address of the person intending to transform the
class II controlled substances;
(B) The quantity (in kilograms) of class II controlled substances
intended for transformation;
(C) Identity of shipments by purchase order number(s), purchaser
account number(s), by location(s), or other means of identification;
(D) Period of time over which the person intends to transform the
class II controlled substances; and
(E) Signature of the verifying person.
(ii) [Reserved]
(4) Reporting--Destruction. Any person who destroys class II
controlled substances shall provide EPA with a one-time report
containing the following information:
(i) The destruction unit's destruction efficiency;
(ii) The methods used to record the volume destroyed;
(iii) The methods used to determine destruction efficiency;
(iv) The name of other relevant federal or state regulations that
may apply to the destruction process;
(v) Any changes to the information in paragraphs (e)(4)(i), (ii),
and (iii) of this section must be reflected in a revision to be
submitted to EPA within 60 days of the change(s).
(5) Reporting--Destruction. Any person who purchases or receives and
subsequently destroys class II controlled substances that were
originally produced without expending allowances shall provide the
producer or importer from whom it purchased or received the class II
controlled substances with a verification that the class II controlled
substances will be used in processes that result in their destruction.
(i) The destruction verification shall include the following:
(A) Identity and address of the person intending to destroy class II
controlled substances;
(B) Indication of whether those class II controlled substances will
be completely destroyed, as defined in Sec. 82.3, or less than
completely destroyed, in which case the destruction efficiency at which
such substances will be destroyed must be included;
(C) Period of time over which the person intends to destroy class II
controlled substances; and
(D) Signature of the verifying person.
(ii) [Reserved]
(f) Heels-Recordkeeping and reporting. Any person who brings into
the U.S. a rail car, tank truck, or ISO tank containing a heel, as
defined in Sec. 82.3, of
[[Page 66]]
class II controlled substances, must take the following actions:
(1) Indicate on the bill of lading or invoice that the class II
controlled substance in the container is a heel.
(2) Report within 30 days of the end of the control period the
quantity (in kilograms) brought into the U.S. and certify:
(i) That the residual quantity (in kilograms) in each shipment is no
more than 10 percent of the volume of the container;
(ii) That the residual quantity (in kilograms) in each shipment will
either:
(A) Remain in the container and be included in a future shipment;
(B) Be recovered and transformed;
(C) Be recovered and destroyed; or
(D) Be recovered for a non-emissive use.
(3) Report on the final disposition of each shipment within 30 days
of the end of the control period.
[68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 81
FR 6768, Feb. 9, 2016; 85 FR 15298, Mar. 17, 2020]
Sec. Appendix A to Subpart A of Part 82--Class I Controlled Substances
------------------------------------------------------------------------
Class 1 controlled substances ODP
------------------------------------------------------------------------
A. Group I:
CFCl3-Trichlorofluoromethane (CFC-ll)...................... 1.0
CF2 Cl2-Dichlorofifluoromethane (CFC-12)................... 1.0
C2 F3 Cl3-Trichlorotrifluoroethane (CFC-113)............... 0.8
C2 F4 Cl2-Dichlorotetrafluoroethane (CFC-114).............. 1.0
C2 F5 Cl-Monochloropentafluoroethane (CFC-115)............. 0.6
All isomers of the above chemicals
B. Group II:
CF2 ClBr-Bromochlorodifluoromethane (Halon-1211)........... 3.0
CF3 Br-Bromotrifluoromethane (Halon-1301).................. 10.0
C2 F4 Br2-Dibromotetrafluoroethane (Halon-2402)............ 6.0
All isomers of the above chemicals
C. Group III:
CF3 Cl-Chlorotrifluoromethane (CFC-13)..................... 1.0
C2 FCl5-(CFC-111).......................................... 1.0
C2 F2 Cl4-(CFC-112)........................................ 1.0
C3 FCl7-(CFC-211).......................................... 1.0
C3 F2 Cl6-(CFC-212)........................................ 1.0
C3 F3 Cl5-(CFC-213)........................................ 1.0
C3 F4 Cl4-(CFC-214)........................................ 1.0
C3 F5 Cl3-(CFC-215)........................................ 1.0
C3 F6 Cl2-(CFC-216)........................................ 1.0
C3 F7 Cl-(CFC-217)......................................... 1.0
All isomers of the above chemicals
D. Group IV: CCl4-Carbon Tetrachloride....................... 1.1
E. Group V:
C2 H3 Cl3-1,1,1 Trichloroethane (Methyl chloroform)........ 0.1
All isomers of the above chemical except 1,1,2-
trichloroethane
F. Group VI: CH3 Br--Bromomethane (Methyl Bromide)........... 0.7
G. Group VII:
CHFBR2..................................................... 1.00
CHF2 Br (HBFC-2201)........................................ 0.74
CH2 FBr.................................................... 0.73
C2 HFBr4................................................... 0.3-0.8
C2 HF2 Br3................................................. 0.5-1.8
C2 HF3 Br2................................................. 0.4-1.6
C2 HF4 Br.................................................. 0.7-1.2
C2 H2 FBr3................................................. 0.1-1.1
C2 H2 F2 Br2............................................... 0.2-1.5
C2 H2 F3 Br................................................ 0.7-1.6
C2 H2 FBr2................................................. 0.1-1.7
C2 H3 F2 Br................................................ 0.2-1.1
C2 H4 FBr.................................................. 0.07-0.1
C3 HFBr6................................................... 0.3-1.5
C3 HF2 Br5................................................. 0.2-1.9
C3 HF3 Br4................................................. 0.3-1.8
C3 HF4 Br3................................................. 0.5-2.2
C3 HF5 Br2................................................. 0.9-2.0
C3 HF6 Br.................................................. 0.7-3.3
C3 H2 FBR5................................................. 0.1-1.9
C3 H2 F2 BR4............................................... 0.2-2.1
C3 H2 F3 Br3............................................... 0.2-5.6
C3 H2 F4 Br2............................................... 0.3-7.5
C3 H2 F5 BR................................................ 0.9-14
C3 H3 FBR4................................................. 0.08-1.9
C3 H3 F2 Br3............................................... 0.1-3.1
C3 H3 F3 Br2............................................... 0.1-2.5
C3 H3 F4 Br................................................ 0.3-4.4
C3 H4 FBr3................................................. 0.03-0.3
C3 H4 F2 Br2............................................... 0.1-1.0
C3 H4 F3 Br................................................ 0.07-0.8
C3 H5 FBr2................................................. 0.04-0.4
C3 H5 F2 Br................................................ 0.07-0.8
C3 H6 FB................................................... 0.02-0.7
H. Group VIII:
CH2BrCl (Chlorobromomethane 0.12........................
------------------------------------------------------------------------
[60 FR 24986, May 10, 1995, as amended at 68 FR 42892, July 18, 2003]
Sec. Appendix B to Subpart A of Part 82--Class II Controlled Substances
\a\ \b\
------------------------------------------------------------------------
Controlled substance ODP
------------------------------------------------------------------------
1. HCFC-21 (CHFCl2) Dichlorofluoromethane............... 0.04
2. HCFC-22 (CHF2Cl) Monochlorodifluoromethane........... 0.055
3. HCFC-31 (CH2FCl) Monochlorofluoromethane............. 0.02
4. HCFC-121 (C2HFCl4) Tetrachlorofluoroethane........... 0.01-0.04
5. HCFC-122 (C2HF2Cl3) Trichlorodifluoroethane.......... 0.02-0.08
6. HCFC-123 (C2HF3Cl2) Dichlorotrifluoroethane.......... 0.02
7. HCFC-124 (C2HF4Cl) Monochlorotetrafluoroethane....... 0.022
8. HCFC-131 (C2H2FCl3) Trichlorofluoroethane............ 0.007-0.05
[[Page 67]]
9. HCFC-132 (C2H2F2Cl2) Dichlorodifluoroethane.......... 0.008-0.05
10. HCFC-133 (C2H2F3Cl) Monochlorotrifluoroethane....... 0.02-0.06
11. HCFC-141 (C2H3FCl2) Dichlorofluoroethane............ 0.005-0.07
12. HCFC-141b (CH3CFCl2) Dichlorofluoroethane........... 0.11
13. HCFC-142 (C2H3F2Cl) Chlorodifluoroethane............ 0.008-0.07
14. HCFC-142b (CH3CF2Cl) Monochlorodifluoroethane....... 0.065
15. HCFC-151 (C2H4FCl) Chlorofluoroethane............... 0.003-0.005
16. HCFC-221 (C3HFCl6) Hexachlorofluoropropane.......... 0.015-0.07
17. HCFC-222 (C3HF2Cl5) Pentachlorodifluoropropane...... 0.01-0.09
18. HCFC-223 (C3HF3Cl4) Tetrachlorotrifluoropropane..... 0.01-0.08
19. HCFC-224 (C3HF4Cl3) Trichlorotetrafluoropropane..... 0.01-0.09
20. HCFC-225 (C3HF5Cl2) Dichloropentafluoropropane...... 0.02-0.07
21. HCFC-225ca (CF3CF2CHCl2) Dichloropentafluoropropane. 0.025
22. HCFC-225cb (CF2ClCF2CHClF) 0.033
Dichloropentafluoropropane.............................
23. HCFC-226 (C3HF6Cl) Monochlorohexafluoropropane...... 0.02-0.1
24. HCFC-231 (C3H2FCl5) Pentachlorofluoropropane........ 0.05-0.09
25. HCFC-232 (C3H2F2Cl4) Tetrachlorodifluoropropane..... 0.008-0.1
26. HCFC-233 (C3H2F3Cl3) Trichlorotrifluoropropane...... 0.007-0.23
27. HCFC-234 (C3H2F4Cl2) Dichlorotetrafluoropropane..... 0.01-0.28
28. HCFC-235 (C3H2F5Cl) Monochloropentafluoropropane.... 0.03-0.52
29. HCFC-241 (C3H3FCl4) Tetrachlorofluoropropane........ 0.004-0.09
30. HCFC-242 (C3H3F2Cl3) Trichlorodifluoropropane....... 0.005-0.13
31. HCFC-243 (C3H3F3Cl2) Dichlorotrifluoropropane....... 0.007-0.12
32. HCFC-244 (C3H3F4Cl) Monochlorotetrafluoropropane.... 0.009-0.14
33. HCFC-251 (C3H4FCl3) Monochlorotetrafluoropropane.... 0.001-0.01
34. HCFC-252 (C3H4F2Cl2) Dichlorodifluoropropane........ 0.005-0.04
35. HCFC-253 (C3H4F3Cl) Monochlorotrifluoropropane...... 0.003-0.03
36. HCFC-261 (C3H5FCl2) Dichlorofluoropropane........... 0.002-0.02
37. HCFC-262 (C3H5F2Cl) Monochlorodifluoropropane....... 0.002-0.02
38. HCFC-271 (C3H6FCl) Monochlorofluoropropane.......... 0.001-0.03
------------------------------------------------------------------------
\a\ According to Annex C of the Montreal Protocol, ``Where a range of
ODPs is indicated, the highest value in that range shall be used for
the purposes of the Protocol. The ODPs listed as single value have
been determined from calculations based on laboratory measurements.
Those listed as a range are based on estimates and are less certain.
The range pertains to an isomeric group. The upper value is the
estimate of the ODP of the isomer with the highest ODP, and the lower
value is the estimate of the ODP of the isomer with the lowest ODP.
\b\ This table includes all isomers of the substances above, regardless
of whether the isomer is explicitly listed on its own.
[79 FR 64288, Oct. 28, 2014]
Sec. Appendix C to Subpart A of Part 82 [Reserved]
Sec. Appendix D to Subpart A of Part 82--Harmonized Tariff Schedule
Description of Products That May Contain Controlled Substances in
Appendix A, Class I, Groups I and II
This appendix is based on information provided by the Ozone
Secretariat of the United Nations Ozone Environment Programme.** The
Appendix lists available U.S. harmonized tariff schedule codes
identifying headings and subheadings for Annex D products that may
contain controlled substances.
---------------------------------------------------------------------------
** ``A Note Regarding the Harmonized System Code Numbers for the
Products Listed in Annex D.'' Adopted by Decision IV/15 paragraph 3, of
the Fourth Meeting of the Parties in Copenhagen, 23-25 November, 1992.
---------------------------------------------------------------------------
The Harmonized Tariff Schedule of the United States uses an
enumeration system to identify products imported and exported to and
from the U.S. This system relies on a four digit heading, a four digit
subheading and additional two digit statistical suffix to characterize
products. The United States uses the suffix for its own statistical
records and analyses. This Appendix lists only headings and subheadings.
While some can be readily associated with harmonized system codes,
many products cannot be tied to HS classifications unless their exact
composition and the presentation are known. It should be noted that the
specified HS classifications represent the most likely headings and
subheadings which may contain substances controlled by the Montreal
Protocol. The codes given should only be used as a starting point;
further verfication is needed to ascertain whether or not the products
actually contain controlled substances.
Category 1. Automobile and Truck Air Conditioning Units (whether
incorporated in vehicles or not)
There are no separate code numbers for air conditioning units
specially used in automobiles and trucks. Although a code has been
proposed for car air conditioners, it is not yet officially listed in
the Harmonized
[[Page 68]]
Tariff Schedule (see category 2). The following codes apply to the
vehicles potentially containing air conditioning units.
Heading/Subheading Article Description
8701.(10, 20, 30, 90)***............................... Tractors.
8702................................................... Public-transport type passenger motor vehicles.
8702.10................................................ With compression-ignition internal-combustion piston
engine (diesel or semi-diesel).
8702.90................................................ Other.
8703................................................... Motor cars and other motor vehicles principally
designed for the transport of persons (other than
those of heading 8702), including station wagons and
racing cars.
8703.10................................................ Vehicles specially designed for traveling on snow; golf
carts and similar vehicles; includes subheading 10.10
and 10.50.
8703.(21, 22, 23, 24).................................. Other vehicles, with spark-ignition internal combustion
reciprocating engines.
8703.(31, 32, 33, 90).................................. Other vehicles, with compression-ignition internal
combustion piston engine (diesel or semi-diesel).
8704................................................... Motor vehicles for the transport of goods.
8704.10.(10, 50)....................................... Dumpers designed for off-highway use.
8704.(21, 22, 23)...................................... Other, with compression-ignition internal combustion
piston engine (diesel or semi-diesel).
8704.(31, 32, 90)...................................... Other, with compression-ignition internal combustion
piston engine.
8705................................................... Special purpose motor vehicles, other than those
principally designed for the transport of persons or
goods (for example, wreckers, mobile cranes, fire
fighting vehicles, concrete mixers, road sweepers,
spraying vehicles, mobile workshops, mobile
radiological units).
8705.10................................................ Crane lorries.
8705.20................................................ Mobile drilling derricks.
8705.30................................................ Fire fighting vehicles.
8705.90................................................ Other.
***At this time vehicle air conditioning units are considered components of vehicles or are classified under the
general category for air conditioning and refrigeration equipment. Vehicles containing air conditioners are
therefore considered products containing controlled substances.
Category 2. Domestic and Commercial Refrigeration and Air Conditioning/
Heat Pump Equipment
Domestic and commercial air conditioning and refrigeration equipment
fall primarily under headings 8415 and 8418.
Heading/Subheading Article Description
8415................................................... Air conditioning machines, comprising a motor-driven
fan and elements for changing the temperature and
humidity, including those machines in which the
humidity cannot be separately regulated.
8415.20................................................ Proposed code for air conditioning of a kind used for
persons, in motor vehicles.
8415.10.00............................................. A/C window or wall types, self-contained.
8415.81.00............................................. Other, except parts, incorporating a refrigerating unit
and a valve for reversal of the cooling/heat cycle.
8415.82.00............................................. Other, incorporating a refrigerating unit--
Self-contained machines and remote condenser type
air conditioners (not for year-round use).
Year-round units (for heating and cooling).
Air Conditioning evaporator coils.
Dehumidifiers.
Other air conditioning machines incorporating a
refrigerating unit.
8415.83................................................ Automotive air conditioners.
[[Page 69]]
8418................................................... Refrigerators, freezers and other refrigerating or
freezing equipment, electric or other; heat pumps,
other than air conditioning machines of heading 8415;
parts thereof.
8418.10.00............................................. Combined refrigerator-freezers, fitted with separate
external doors.
8418.21.00............................................. Refrigerators, household type, Compression type.
8418.22.00............................................. Absorption type, electrical.
8418.29.00............................................. Other.
8418.30.00............................................. Freezers of the chest type.
8418.40................................................ Freezers of the upright type.
8418.50.0040........................................... Other refrigerating or freezing chests, cabinets,
display counters, showcases and similar refrigerating
or freezing furniture.
8418.61.00............................................. Other refrigerating or freezing equipment; heat pumps.
8418.69................................................ Other--
Icemaking machines.
Drinking water coolers, self-contained.
Soda fountain and beer dispensing equipment.
Centrifugal liquid chilling refrigerating units.
Absorption liquid chilling units.
Reciprocating liquid chilling units.
Other refrigerating or freezing equipment (household
or other).
8479.89.10............................................. Dehumidifiers (other than those under 8415 or 8424
classified as ``machines and mechanical appliances
having individual functions, not specified or included
elsewhere'').
Category 3. Aerosol Products
An array of different products use controlled substances as aerosols
and in aerosol applications. Not all aerosol applications use controlled
substances, however. The codes given below represent the most likely
classifications for products containing controlled substances. The
product codes listed include ****:
---------------------------------------------------------------------------
**** Other categories of products that may contain controlled
substances are listed below. EPA is currently working to match them with
appropriate codes. They include: coatings and electronic equipment
(e.g., electrical motors), coatings or cleaning fluids for aircraft
maintenance, mold release agents (e.g. for production of plastic or
elastomeric materials), water and oil repellant (potentially under HS
3402), spray undercoats (potentially under ``paints and varnishes''),
spot removers, brake cleaners, safety sprays (e.g., mace cans), animal
repellant, noise horns (e.g., for use on boats), weld inspection
developers, freezants, gum removers, intruder alarms, tire inflators,
dusters (for electronic and non-electronic applications), spray shoe
polish, and suede protectors.
varnishes
perfumes
preparations for use on hair
preparations for oral and dental hygiene
shaving preparations
personal deodorants, bath preparations
prepared room deodorizers
soaps
lubricants
polishes and creams
explosives
insecticides, fungicides, herbicides, disinfectants
arms and ammunition
household products such as footwear or leather
polishes
other miscellaneous products
Heading/Subheading Article Description
3208................................................... Paints and varnishes ***** (including enamels and
lacquers) based on synthetic polymers of chemically
modified natural polymers, dispersed or dissolved in a
non-aqueous medium.
3208.10................................................ Based on polyesters.
3208.20................................................ Based on acrylic or vinyl polymers.
3208.90................................................ Other.
[[Page 70]]
3209................................................... Paints and varnishes (including enamels and lacquers)
based on synthetic polymers or chemically modified
natural polymers, dispersed or dissolved in an aqueous
medium.
3209.10................................................ Based on acrylic or vinyl polymers.
3209.90................................................ Other.
3210.00................................................ Other paints and varnishes (including enamels, lacquers
and distempers) and prepared water pigments of a kind
used for finishing leather.
3212.90................................................ Dyes and other coloring matter put up in forms or
packings for retail sale.
3303.00................................................ Perfumes and toilet waters.
3304.30................................................ Manicure or pedicure preparations.
3305.10................................................ Shampoos.
3305.20................................................ Preparations for permanent waving or straightening.
3305.30................................................ Hair lacquers.
3305.90................................................ Other hair preparations.
3306.10................................................ Dentrifices.
3306.90................................................ Other dental (this may include breath sprays).
3307.10................................................ Pre-shave, shaving or after-shave preparations.
3307.20................................................ Personal deodorants and antiperspirants.
3307.30................................................ Perfumed bath salts and other bath preparations.
3307.49................................................ Other (this may include preparations for perfuming or
deodorizing rooms, including odoriferous preparations
used during religious rites, whether or not perfumed
or having disinfectant properties).
3307.90................................................ Other (this may include depilatory products and other
perfumery, cosmetic or toilet preparations, not
elsewhere specified or included)
3403................................................... Lubricating preparations (including cutting-oil
preparations, bolt or nut release preparations, anti-
rust or anti-corrosion preparations and mould release
preparations, based on lubricants), and preparations
of a kind used for the oil or grease treatment of
textile materials, leather, fur skins or other
materials, but excluding preparations containing, as
basic constituents, 70 percent or more by weight of
petroleum oils or of oils obtained from bituminous
minerals.
3402................................................... Organic surface-active agents (other than soap);
surface-active preparations, washing preparations and
cleaning operations, whether or not containing soap,
other than those of 3401.
3402.20................................................ Preparations put up for retail sale.
3402.19................................................ Other preparations containing petroleum oils or oils
obtained from bituminous minerals.
3403................................................... Lubricating preparations consisting of mixtures
containing silicone greases or oils, as the case may
be.
2710.00................................................ Preparations not elsewhere specified or included,
containing by weight 70 percent or more of petroleum
oils or of oils obtained from bituminous minerals,
these oils being the basic constituents of the
preparations.
3403.11................................................ Lubricants containing petroleum oils or oils obtained
from bituminous minerals used for preparations from
the treatment of textile materials, leather, fur skins
or other materials.
3403.19................................................ Other preparations containing petroleum oils or oils
obtained from bituminous minerals.
3405................................................... Polishes and creams, for footwear, furniture, floors,
coachwork, glass or metal, scouring pastes and powders
and similar preparations excluding waxes of heading
3404.
3405.10................................................ Polishes and creams for footwear or leather.
3405.20................................................ Polishes for wooden furniture, floors or other
woodwork.
36..................................................... Explosives.
[[Page 71]]
3808................................................... Insecticides, rodenticides, fungicides, herbicides,
anti-sprouting products and plant-growth regulators,
disinfectants and similar products, put up in forms or
packings for retail sale or as preparations or
articles (for example, sulphur-treated bands, wicks
and candles, and fly papers).
3808.10................................................ Insecticides.
3808.20................................................ Fungicides.
3808.30................................................ Herbicides, anti-sprouting products and plant growth
regulators.
3808.40................................................ Disinfectants.
3808.90................................................ Other insecticides, fungicides.
3809.10................................................ Finishing agents, dye carriers to accelerate the dyeing
or fixing of dye-stuffs and other products and
preparations (for example, dressings and mordants) of
a kind used in the textile, paper, leather or like
industries, not elsewhere specified or included, with
a basis of amylaceous substances.
3814................................................... Organic composite solvents and thinners (not elsewhere
specified or included) and the prepared paint or
varnish removers.
3910................................................... Silicones in primary forms.
9304................................................... Other arms (for example, spring, air or gas guns and
pistols, truncheons), excluding those of heading No.
93.07. Thus, aerosol spray cans containing tear gas
may be classified under this subheading.
0404.90................................................ Products consisting of natural milk constituents,
whether or not containing added sugar or other
sweetening matter, not elsewhere specified or
included.
1517.90................................................ Edible mixtures or preparations of animal or vegetable
fats or oils or of fractions of different fats or oils
of this chapter, other than edible fats or oils or
their fractions of heading No. 15.16.
2106.90................................................ Food preparations not elsewhere specified or included.
***** Although paints do not generally use contain controlled substances, some varnishes use CFC 113 and
1,1,1,trichlorethane as solvents.
Category 4. Portable Fire Extinguishers
Heading/Subheading Article Description
8424................................................... Mechanical appliances (whether or not hand operated)
for projecting, dispersing, or spraying liquids or
powders; fire extinguishers whether or not charged,
spray guns and similar appliances; steam or sand
blasting machines and similar jet projecting machines.
8424.10................................................ Fire extinguishers, whether or not charged.
Category 5. Insulation Boards, Panels and Pipe Covers
These goods have to be classified according to their composition and
presentation. For example, if the insulation materials are made of
polyurethane, polystyrene, polyolefin and phenolic plastics, then they
may be classified Chapter 39, for ``Plastics
[[Page 72]]
and articles thereof''. The exact description of the products at issue
is necessary before a classification can be given. ******
---------------------------------------------------------------------------
****** This category may include insulating board for building
panels and windows and doors. It also includes rigid appliance
insulation for pipes, tanks, trucks, trailers, containers, train cars &
ships, refrigerators, freezers, beverage vending machines, bulk beverage
dispensers, water coolers and heaters and ice machines.
Heading/Subheading Article Description
3917.21 to 3917.39..................................... Tubes, pipes and hoses of plastics.
3920.10 to 3920.99..................................... Plates, sheets, film, foil and strip made of plastics,
non-cellular and not reinforced, laminated, supported
or similarly combined with other materials.
3921.11 to 3921.90..................................... Other plates, sheets, film, foil and strip, made of
plastics.
3925.90................................................ Builders' ware made of plastics, not elsewhere
specified or included.
3926.90................................................ Articles made of plastics, not elsewhere specified or
included.
Category 6. Pre-Polymers
According to the Explanatory Notes to the Harmonized Commodity
Description and Coding System, ``prepolymers are products which are
characterized by some repetition of monomer units although they may
contain unreacted monomers. Prepolymers are not normally used as such
but are intended to be transformed into higher molecular weight polymers
by further polymerization. Therefore the term does not cover finished
products, such as di-isobutylenes or mixed polyethylene glycols with
very low molecular weight. Examples are epoxides based with
epichlorohydrin, and polymeric isocyanates.''
Heading/Subheading Article Description
3901................................................... Pre-polymers based on ethylene (in primary forms).
3902................................................... Pre-polymers based on propylene or other olefins (in
primary forms).
3903, 3907, 3909....................................... Pre-polymers based on styrene (in primary forms),
epoxide and phenols.
Sec. Appendix E to Subpart A of Part 82--Article 5 Parties
Parties operating under Article 5 of the Montreal Protocol as of
March 26, 2014 are listed below. An updated list can be located at:
http://ozone.unep.org/new_site/en/parties_under_article5_para1.php.
Afghanistan, Albania, Algeria, Angola, Antigua & Barbuda, Argentina,
Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan,
Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana,
Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon,
Cape Verde, Central African Republic, Chad, Chile, China, Colombia,
Comoros, Congo, Congo (Democratic Republic of), Cook Islands, Cost Rica,
C[ocirc]te d'Ivoire, Cuba, Djibouti, Dominica, Dominican Republic,
Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji,
Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea
Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic
Republic of), Iraq, Jamaica, Jordan, Kenya, Kiribati, Korea (Democratic
People's Republic of), Korea (Republic of), Kuwait, Kyrgyzstan, Lao
(People's Democratic Republic), Lebanon, Lesotho, Liberia, Libya,
Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands
Mauritania, Mauritius, Mexico, Micronesia (Federal States of), Moldova
(Republic of), Mongolia, Montenegro, Morocco, Mozambique, Myanmar,
Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan,
Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar,
Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent & the
Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia,
Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South
Africa, South Sudan*, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab
Republic, Tanzania (United Republic of), Thailand, The Former Yugoslav
Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad and Tobago,
Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates,
Uruguay,
[[Page 73]]
Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia,
Zimbabwe.
* temporarily categorized as Article 5 pending submission of ODS
consumption data
[79 FR 16687, Mar. 26, 2014]
Sec. Appendix F to Subpart A of Part 82--Listing of Ozone-Depleting
Chemicals
----------------------------------------------------------------------------------------------------------------
Controlled substance ODP AT L CLP BLP
----------------------------------------------------------------------------------------------------------------
A. Class I:
1. Group I:
CFCl3-Trichlorofluoromethane (CFC-11)....... 1.0 60.0 1.0 0.00
CF2 Cl2-Dichlorodifluoromethane (CFC-12).... 1.0 120.0 1.5 0.00
C2 F3 Cl3-Trichlorotrifluoroethane (CFC-113) 0.8 90.0 1.11 0.00
C2 F4 Cl2-Dichlorotetrafluoroethane (CFC- 1.0 200.00 1.8 0.00
114).......................................
C2 F5 Cl-Monochloropentafluoroethane (CFC- 0.6 400.0 2.0 0.00
115).......................................
All isomers of the above chemicals.......... [Reserved]
2. Group II:
CF2 ClBr-Bromochlorodifluoromethane (Halon- 3.0 12 0.06 0.13
1211)......................................
.............. -18 -.08 -.03
CF3 Br-Bromotrifluoromethane (Halon-1301)... 10.0 72 0.00 1.00
.............. -107
C2 F4 Br2-Dibromotetrafluoroethane (Halon- 6.0 23 0.00 0.30
2402)......................................
.............. -28 .............. -.37
All isomers of the above chemicals.......... [Reserved]
3. Group III:
CF3 Cl-Chlorotrifluoromethane (CFC-13)...... 1.0 120 0.88 0.00
-250 -1.83
C2 FCl5- (CFC-111).......................... 1.0 60 1.04 0.00
-90 -1.56
C2 F2 Cl4- (CFC-112)........................ 1.0 60 0.90 0.00
-90 -1.35
C3 FCl7- (CFC-211).......................... 1.0 100 1.76 0.00
-500 -8.81
C3 F2 Cl6- (CFC-212)........................ 1.0 100 1.60 0.00
-500 -7.98
C3 F3 Cl5- (CFC-213)........................ 1.0 100 1.41 0.00
-500 -7.06
C3 F4 Cl4- (CFC-214)........................ 1.0 100 1.20 0.00
-500 -6.01
C3 F5 Cl3 -(CFC-215)........................ 1.0 100 0.96 0.00
-500 -4.82
C3 F6 Cl2- (CFC-216)........................ 1.0 100 0.69 0.00
-500 -3.45
C3 F7 Cl- (CFC-217)......................... 1.0 100 0.37 0.00
-500 -1.87
All isomers of the above chemicals.......... [Reserved]
4. Group IV:
CCl4 -Carbon Tetrachloride.................. 1.1 50.0 1.0 0.00
5. Group V:
C2 H3 Cl3-1,1,1 Trichloroethane (Methyl 0.1 6.3 0.11 0.00
chloroform)................................
All isomers of the above chemical except
1,1,2-trichloroethane...................... [Reserved]
6. Group VI:
CH3Br-Bromomethane (Methyl Bromide)......... 0.7 .............. [Reserved]
7. Group VII:
CHFBr2-..................................... 1.00 .............. [Reserved]
CHF2Br-(HBFC-22B1).......................... 0.74 .............. [Reserved]
CH2FBr...................................... 0.73 .............. [Reserved]
C2HFBr4..................................... 0.3-0.8 .............. [Reserved]
C2HF2Br3.................................... 0.5-1.8 .............. [Reserved]
C2HF3Br2.................................... 0.4-16 .............. [Reserved]
C2HF4Br..................................... 0.7-1.2 .............. [Reserved]
C2H2FBr3.................................... 0.1-1.1 .............. [Reserved]
C2H2F2Br2................................... 0.2-1.5 .............. [Reserved]
C2H2F3Br.................................... 0.7-1.6 .............. [Reserved]
C2H3FBr2.................................... 0.1-1.7 .............. [Reserved]
C2H3F2Br.................................... 0.2-1.1 .............. [Reserved]
C2H4FBr..................................... 0.07-0.1 .............. [Reserved]
C3HFBr6..................................... 0.3-1.5 .............. [Reserved]
C3HF2Br5.................................... 0.2-1.9 .............. [Reserved]
[[Page 74]]
C3HF3Br4.................................... 0.3-1.8 .............. [Reserved]
C3HF4Br3.................................... 0.5-2.2 .............. [Reserved]
C3HF5Br2.................................... 0.9-2.0 .............. [Reserved]
C3HF6Br..................................... 0.7-3.3 .............. [Reserved]
C3H2FBr5.................................... 0.1-1.9 .............. [Reserved]
C3H2F2Br4................................... 0.2-2.1 .............. [Reserved]
C3H2F3Br3................................... 0.2-5.6 .............. [Reserved]
C3H2F4Br2................................... 0.3-7.5 .............. [Reserved]
C3H2F5Br.................................... 0.9-1.4 .............. [Reserved]
C3H3FBR4.................................... 0.08-1.9 .............. [Reserved]
C3H3F2Br3................................... 0.1-3.1 .............. [Reserved]
C3H3F3Br2................................... 0.1-2.5 .............. [Reserved]
C3H3F4Br.................................... 0.3-4.4 .............. [Reserved]
C3H4FBr3.................................... 0.03-0.3 .............. [Reserved]
C3H4F2Br2................................... 0.1-1.0 .............. [Reserved]
C3H4F3Br.................................... 0.07-0.8 .............. [Reserved]
C3H5FBr2.................................... 0.04-0.4 .............. [Reserved]
C3H5F2Br.................................... 0.07-0.8 .............. [Reserved]
C3H6FB...................................... 0.02-0.7 .............. [Reserved]
8. Group VIII:
CH2BrCl (Chlorobromomethane)................ 0.12 .............. [Reserved]
B. Class II:
CHFCl2-Dichlorofluoromethane (HCFC-21)...... [Reserved] 2.1 0.03 0.00
CHF2 Cl-Chlorodifluoromethane (HCFC-22)..... 0.05 15.3 0.14 0.00
CH2 FCl-Chlorofluoromethane (HCFC-31)....... [Reserved] 1.44 0.02 0.00
C2 HFCl4- (HCFC-121)........................ [Reserved] 0.6 0.01 0.00
C2 HF2 Cl3- (HCFC-122)...................... [Reserved] 1.4 0.02 0.00
C2 HF3 Cl2- (HCFC-123)...................... 0.02 1.6 0.016 0.00
C2 HF4 Cl- (HCFC-124)....................... 0.02 6.6 0.04 0.00
C2 H2 FCl3- (HCFC-131)...................... [Reserved] 4.0 0.06 0.00
C2 H2 F2 Cl2- (HCFC-132b)................... [Reserved] 4.2 0.05 0.00
C2 H2 F3 Cl- (HCFC-133a).................... [Reserved] 4.8 0.03 0.00
C2 H3 FCl2- (HCFC-141b)..................... 0.12 7.8 0.10 0.00
C2 H3 F2 Cl- (HCFC-142b).................... 0.06 19.1 0.14 0.00
C3 HFCl6- (HCFC-221)........................ [Reserved] .............. .............. 0.00
C3 HF2 Cl5- (HCFC-222)...................... [Reserved] .............. .............. 0.00
C3 HF3 Cl4- (HCFC-223)...................... [Reserved] .............. .............. 0.00
C3 HF4 Cl3- (HCFC-224)...................... [Reserved] .............. .............. 0.00
C3 HF5 Cl2- (HCFC-225ca).................... [Reserved] 1.5 0.01 0.00
.............. -1.7
(HCFC-225cb)............................ [Reserved] 5.1 0.04 0.00
C3 HF6 Cl- (HCFC-226)....................... [Reserved] .............. .............. 0.00
C3 H2 FCl5- (HCFC-231)...................... [Reserved] .............. .............. 0.00
C3 H2 F24- (HCFC-232)....................... [Reserved] .............. .............. 0.00
C3 H2 F3 Cl3- (HCFC-233).................... [Reserved] .............. .............. 0.00
C3 H2 F4 Cl2- (HCFC-234).................... [Reserved] .............. .............. 0.00
C3 H2 F5 Cl- (HCFC-235)..................... [Reserved] .............. .............. 0.00
C3 H3 FCl4- (HCFC-241)...................... [Reserved] .............. .............. 0.00
C3 H3 F2 Cl3- (HCFC-242).................... [Reserved] .............. .............. 0.00
C3 H3 F3 Cl2- (HCFC-243).................... [Reserved] .............. .............. 0.00
C3 H3 F4 Cl- (HCFC-244)..................... [Reserved] .............. .............. 0.00
C3 H4 FCl3- (HCFC-251)...................... [Reserved] .............. .............. 0.00
C3 H4 F2 Cl2- (HCFC-252).................... [Reserved] .............. .............. 0.00
C3 H4 F3 Cl- (HCFC-253)..................... [Reserved] .............. .............. 0.00
C3 H5 FCl2- (HCFC-261)...................... [Reserved] .............. .............. 0.00
C2 H5 F2 Cl- (HCFC-262)..................... [Reserved] .............. .............. 0.00
C3 H6 FCl- (HCFC-271)....................... [Reserved] .............. .............. 0.00
All isomers of the above chemicals.......... [Reserved]
----------------------------------------------------------------------------------------------------------------
[60 FR 24986, May 10, 1995, as amended at 68 FR 42894, July 18, 2003]
Sec. Appendix G to Subpart A of Part 82--UNEP Recommendations for
Conditions Applied to Exemption for Essential Laboratory and Analytical
Uses
1. Essential laboratory and analytical uses are identified at this
time to include equipment calibration; use as extraction solvents,
diluents, or carriers for chemical analysis;
[[Page 75]]
biochemical research; inert solvents for chemical reactions, as a
carrier or laboratory chemical and other critical analytical and
laboratory purposes. Pursuant to Decision XI/15 of the Parties to the
Montreal Protocol, effective January 1, 2002 the following uses of class
I controlled substances are not considered essential under the global
laboratory exemption:
a. Testing of oil and grease and total petroleum hydrocarbons in
water;
b. Testing of tar in road-paving materials; and
c. Forensic finger printing.
Production for essential laboratory and analytical purposes is
authorized provided that these laboratory and analytical chemicals shall
contain only controlled substances manufactured to the following
purities:
CTC (reagent grade)--99.5
1,1,1,-trichloroethane--99.5
CFC-11--99.5
CFC-13--99.5
CFC-12--99.5
CFC-113--99.5
CFC-114--99.5
Other w/ Boiling P20 degrees C--99.5
Other w/ Boiling P<20 degrees C--99.0
d. Testing of organic matter in coal.
2. These pure, controlled substances can be subsequently mixed by
manufacturers, agents or distributors with other chemicals controlled or
not controlled by the Montreal Protocol as is customary for laboratory
and analytical uses.
3. These high purity substances and mixtures containing controlled
substances shall be supplied only in re-closable containers or high
pressure cylinders smaller than three litres or in 10 millilitre or
smaller glass ampoules, marked clearly as substances that deplete the
ozone layer, restricted to laboratory use and analytical purposes and
specifying that used or surplus substances should be collected and
recycled, if practical. The material should be destroyed if recycling is
not practical.
4. Parties shall annually report for each controlled substance
produced: the purity; the quantity; the application, specific test
standard, or procedure requiring its uses; and the status of efforts to
eliminate its use in each application. Parties shall also submit copies
of published instructions, standards, specifications, and regulations
requiring the use of the controlled substance.
5. Pursuant to Decision XVIII/15 of the Parties to the Montreal
Protocol, methyl bromide is exempted for the following approved
essential laboratory and analytical purposes listed in following items
(a) through (d). Use of methyl bromide for field trials is not an
approved use under the global laboratory and analytical use exemption.
The provisions of Appendix G, paragraphs (1), (2), (3), and (4),
regarding purity, mixing, container, and reporting requirements for
other exempt ODSs, also apply to the use of methyl bromide under this
exemption.
a. Methyl bromide is exempted as an approved essential laboratory
and analytical use as a reference or standard to calibrate equipment
which uses methyl bromide, to monitor methyl bromide emission levels, or
to determine methyl bromide residue levels in goods, plants and
commodities;
b. Methyl bromide is exempted as an approved essential laboratory
and analytical when used in laboratory toxicological studies;
c. Methyl bromide is exempted as an approved essential laboratory
and analytical use to compare the efficacy of methyl bromide and its
alternatives inside a laboratory; and
d. Methyl bromide is exempted as an approved essential laboratory
and analytical use as a laboratory agent which is destroyed in a
chemical reaction in the manner of feedstock.
[60 FR 24986, May 10, 1995, as amended at 67 FR 6362, Feb. 11, 2002; 72
FR 73269, Dec. 27, 2007]
Sec. Appendix H to Subpart A of Part 82--Clean Air Act Amendments of
1990 Phaseout Schedule for Production of Ozone-Depleting Substances
------------------------------------------------------------------------
Other
Carbon Methyl class
Date tetrachloride chloroform substances
(percent) (percent) (percent)
------------------------------------------------------------------------
1994............................. 70 85 65
1995............................. 15 70 50
1996............................. 15 50 40
1997............................. 15 50 15
1998............................. 15 50 15
1999............................. 15 50 15
2000............................. ............. 20
2001............................. ............. 20
------------------------------------------------------------------------
[[Page 76]]
Sec. Appendix I to Subpart A of Part 82--Global Warming Potentials (Mass
Basis), Referenced to the Absolute GWP for the Adopted Carbon Cycle
Model CO2 Decay Response and Future CO2
Atmospheric Concentrations Held Constant at Current Levels. (Only Direct
Effects Are Considered.)
----------------------------------------------------------------------------------------------------------------
Global warming potential (time
horizon)
Species (chemical) Chemical formula --------------------------------------
20 years 100 years 500 years
----------------------------------------------------------------------------------------------------------------
CFC-11................................. CFCl3 5000 4000 1400
CFC-12................................. CF2 Cl2 7900 8500 4200
CFC-13................................. CClF3 8100 11700 13600
CFC-113................................ C2 F3 Cl3 5000 5000 2300
CFC-114................................ C2 F4 Cl2 6900 9300 8300
CFC-115................................ C2 F5 Cl 6200 9300 13000
H-1301................................. CF3 Br 6200 5600 2200
Carbon Tet............................. CCl4 2000 1400 500
Methyl Chl............................. CH3 CCl3 360 110 35
HCFC-22................................ CF2 HCl 4300 1700 520
HCFC-141b.............................. C2 FH3 Cl2 1800 630 200
HCFC-142b.............................. C2 F2 H3 Cl 4200 2000 630
HCFC-123............................... C2 F3 HCl2 300 93 29
HCFC-124............................... C2 F4 HCl 1500 480 150
HCFC-225ca............................. C3 F5 HCl2 550 170 52
HCFC-225cb............................. C3 F5 HCl2 1700 530 170
----------------------------------------------------------------------------------------------------------------
AUnited Nations Environment Programme (UNEP), February 1995, Scientific Assessment of Ozone Depletion: 1994,
Chapter 13, ``Ozone Depleting Potentials, Global Warming Potentials and Future Chlorine/Bromine Loading,'' and
do not reflect review of scientific documents published after that date.
[61 FR 1285, Jan. 19, 1996]
Sec. Appendix J to Subpart A of Part 82--Parties to the Montreal
Protocol Classied Under Article 5(1) That Have Banned the Import of
Controlled Products That Rely on Class I Controlled Substances for Their
Continuing Functioning [Reserved]
Sec. Appendix K to Subpart A of Part 82--Commodity Codes From the
Harmonized Tariff Schedule for Controlled Substances and Used Controlled
Substances
------------------------------------------------------------------------
Commodity code
Description of commodity or chemical from harmonized
tariff schedule
------------------------------------------------------------------------
Class II:
HCFC-22 (Chlorodifluoromethane)................. 2903.71.0000
HCFC-123 (Dichlorotrifluoroethane).............. 2903.72.0020
HCFC-124 (Monochlorotetrafluoroethane).......... 2903.79.1000
HCFC-141b (Dichlorofluoroethane)................ 2903.73.0000
HCFC-142b (Chlorodifluoroethane)................ 2903.74.0000
HCFC-225ca, HCFC-225cb 2903.75.0000
(Dichloropentafluoropropanes)..................
HCFC-21, HCFC-31, HCFC-133, and other HCFCs..... 2903.79.9070
HCFC Mixtures (R-401A, R-402A, etc.)............ 3824.74.0000
Class I:
CFC-11 (Trichlorofluoromethane)................. 2903.77.0010
CFC-12 (Dichlorodifluoromethane)................ 2903.77.0050
CFC-113 (Trichlorotrifluoroethane).............. 2903.77.0020
CFC-114 (Dichlorotetrafluoroethane)............. 2903.77.0030
CFC-115 (Monochloropentafluoroethane)........... 2903.77.0040
CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC- 2903.77.0080
213, CFC-214, CFC-215, CFC-216, CFC-217, and
other CFCs.....................................
CFC Mixtures (R-500, R-502, etc.)............... 3824.71.0100
Carbon Tetrachloride............................ 2903.14.0000
Halon 1301 (Bromotrifluoromethane).............. 2903.76.0010
Halon, other.................................... 2903.76.0050
Methyl Bromide.................................. 2903.39.1520
Methyl Chloroform............................... 2903.19.6010
------------------------------------------------------------------------
[[Page 77]]
[85 FR 15299, Mar. 17, 2020]
Sec. Appendix L to Subpart A of Part 82--Approved Critical Uses and
Limiting Critical Conditions for Those Uses
----------------------------------------------------------------------------------------------------------------
Column A Column B Column C
----------------------------------------------------------------------------------------------------------------
Approved Critical Uses................ Approved Critical User, Limiting Critical Conditions
Location of Use. that exist, or that the approved
critical user reasonably expects could
arise without methyl bromide
fumigation:
----------------------------------------------------------------------------------------------------------------
PRE-PLANT USES
----------------------------------------------------------------------------------------------------------------
Strawberry Fruit...................... California growers in 2015 and Moderate to severe black root rot or
2016.. crown rot
Moderate to severe yellow or purple
nutsedge infestation
Moderate to severe nematode infestation
Local township limits prohibiting 1,3-
dichloropropene
----------------------------------------------------------------------------------------------------------------
POST-HARVEST USES
----------------------------------------------------------------------------------------------------------------
Dry Cured Pork Products............... Members of the National Red legged ham beetle infestation
Country Ham Association and Cheese/ham skipper infestation
the American Association of Dermestid beetle infestation
Meat Processors, Nahunta Pork Ham mite infestation
Center (North Carolina), and
Gwaltney of Smithfield Inc..
----------------------------------------------------------------------------------------------------------------
[80 FR 61992, Oct. 15, 2015]
Subpart B_Servicing of Motor Vehicle Air Conditioners
Source: 57 FR 31261, July 14, 1992, unless otherwise noted.
Sec. 82.30 Purpose and scope.
(a) The purpose of the regulations in this subpart B is to implement
section 609 of the Clean Air Act, as amended (Act) regarding the
servicing of motor vehicle air conditioners (MVACs), and to implement
section 608 of the Act regarding certain servicing, maintenance, repair
and disposal of air conditioners in MVACs and MVAC-like appliances (as
that term is defined in 40 CFR 82.152).
(b) These regulations apply to any person performing service on a
motor vehicle for consideration when this service involves the
refrigerant in the motor vehicle air conditioner.
[57 FR 31261, July 14, 1992, as amended at 62 FR 68046, Dec. 30, 1997]
Sec. 82.31 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
part with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the
sources listed in paragraph (b) of this section. You may inspect a copy
of the approved material at U.S. EPA's Air and Radiation Docket; EPA
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to www.archives.gov/federal-register/cfr/
ibr-locations.html.
(b) SAE International. SAE Customer Service, 400 Commonwealth Drive,
Warrendale, PA 15096-0001 USA; Email: [email protected];
Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970
(outside the U.S. and Canada); internet address: http://store.sae.org/
dlabout.htm.
(1) SAE J2843\TM\. R-1234yf (HFO-1234yf) Recovery/Recycling/
Recharging Equipment for Flammable Refrigerants for Mobile Air-
Conditioning Systems. Revised July 2019; IBR approved for Sec.
82.36(a).
(2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air Conditioning Systems.
Revised February 2015; IBR approved for Sec. 82.36(a).
(3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging
Equipment Intended for use with Both R-1234yf and R-134a. Issued July
2015
[[Page 78]]
(Note: SAE J3030 heading says ``revised''); IBR approved for Sec.
82.36(a).
[86 FR 15595, Mar. 24, 2021]
Sec. 82.32 Definitions.
(a) Approved independent standards testing organization means any
organization which has applied for and received approval from the
Administrator pursuant to Sec. 82.38.
(b) Approved refrigerant recycling equipment means equipment
certified by the Administrator or an organization approved under Sec.
82.38 as meeting either one of the standards in Sec. 82.36. Such
equipment extracts and recycles refrigerant or extracts refrigerant for
recycling on-site or reclamation off-site.
(c) Motor vehicle as used in this subpart means any vehicle which is
self-propelled and designed for transporting persons or property on a
street or highway, including but not limited to passenger cars, light
duty vehicles, and heavy duty vehicles. This definition does not include
a vehicle where final assembly of the vehicle has not been completed by
the original equipment manufacturer.
(d) Motor vehicle air conditioners means mechanical vapor
compression refrigeration equipment used to cool the driver's or
passenger's compartment of any motor vehicle. This definition is not
intended to encompass the hermetically sealed refrigeration systems used
on motor vehicles for refrigerated cargo and the air conditioning
systems on passenger buses using HCFC-22 refrigerant.
(e) Properly using. (1) Properly using means using equipment in
conformity with the regulations set forth in this subpart, including but
not limited to the prohibitions and required practices set forth in
Sec. 82.34, and the recommended service procedures and practices for
the containment of refrigerant set forth in Sec. 82.36(a) and
appendices A, B, C, D, E, and F to this subpart, as applicable. In
addition, this term includes operating the equipment in accordance with
the manufacturer's guide to operation and maintenance and using the
equipment only for the controlled substance for which the machine is
designed. For equipment that extracts and recycles refrigerant, properly
using also means to recycle refrigerant before it is returned to a motor
vehicle air conditioner or MVAC-like appliance, including to the motor
vehicle air conditioner or MVAC-like appliance from which the
refrigerant was extracted. For equipment that only recovers refrigerant,
properly using includes the requirement to recycle the refrigerant on-
site or send the refrigerant off-site for reclamation.
(2) Refrigerant from reclamation facilities that is used for the
purpose of recharging motor vehicle air conditioners must be at or above
the standard of purity developed by the Air-conditioning and
Refrigeration Institute (ARI 700-93) (which is codified at 40 CFR part
82, subpart F, appendix A, and is available at 4301 North Fairfax Drive,
Suite 425, Arlington, Virginia 22203). Refrigerant may be recycled off-
site only if the refrigerant is extracted using recover only equipment,
and is subsequently recycled off-site by equipment owned by the person
that owns both the recover only equipment and owns or operates the
establishment at which the refrigerant was extracted. In any event,
approved equipment must be used to extract refrigerant prior to
performing any service during which discharge of refrigerant from the
motor vehicle air conditioner can reasonably be expected. Intentionally
venting or disposing of refrigerant to the atmosphere is an improper use
of equipment.
(3) Notwithstanding any other terms of this paragraph (e), approved
refrigerant recycling equipment may be transported off-site and used to
perform service involving refrigerant at other locations where such
servicing occurs. Any such servicing involving refrigerant must meet all
of the requirements of this subpart B that would apply if the servicing
occurred on-site.
(4) Facilities that charge MVACs or MVAC-like appliances with
refrigerant but do not perform any other service involving refrigerant
(i.e., perform ``top-offs'' only) are considered to be engaged in
``service involving refrigerant'' and are therefore subject to any and
all requirements of this subsection that apply to facilities that
perform a wider range of refrigerant servicing. For facilities that
charge MVACs, this
[[Page 79]]
includes the requirement to purchase approved refrigerant recycling
equipment. For facilities that only charge MVAC-like appliances, this
does not include the requirement to purchase approved refrigerant
recycling equipment, but does include the requirement to be properly
trained and certified by a technician certification program approved by
the Administrator pursuant to either Sec. 82.40 or Sec. 82.161(a)(5).
(5) All persons opening (as that term is defined in Sec. 82.152)
MVAC-like appliances must have at least one piece of approved recovery
or recycling equipment available at their place of business.
(f) Refrigerant means any class I or class II substance used in a
motor vehicle air conditioner. Class I and class II substances are
listed in part 82, subpart A, appendix A. Effective November 15, 1995,
refrigerant shall also include any substitute substance.
(g) Service for consideration means being paid to perform service,
whether it is in cash, credit, goods, or services. This includes all
service except that done for free.
(h) Service involving refrigerant means any service during which
discharge or release of refrigerant from the MVAC or MVAC-like appliance
to the atmosphere can reasonably be expected to occur. Service involving
refrigerant includes any service in which an MVAC or MVAC-like appliance
is charged with refrigerant but no other service involving refrigerant
is performed (i.e., a ``top-off'').
(i) Motor vehicle disposal facility means any commercial facility
that engages in the disposal (which includes dismantling, crushing or
recycling) of MVACs or MVAC-like appliances, including but not limited
to automotive recycling facilities, scrap yards, landfills and salvage
yards engaged in such operations. Motor vehicle repair and/or servicing
facilities, including collision repair facilities, are not considered
motor vehicle disposal facilities.
[57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62
FR 68046, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021]
Sec. 82.34 Prohibitions and required practices.
(a) No person repairing or servicing MVACs for consideration, and no
person repairing or servicing MVAC-like appliances, may perform any
service involving the refrigerant for such MVAC or MVAC-like appliance:
(1) Without properly using equipment approved pursuant to Sec.
82.36;
(2) Unless any such person repairing or servicing an MVAC has been
properly trained and certified by a technician certification program
approved by the Administrator pursuant to Sec. 82.40; and
(3) Unless any such person repairing or servicing an MVAC-like
appliance has been properly trained and certified by a technician
certification program approved by the Administrator pursuant to either
Sec. 82.40 or Sec. 82.161(a)(5).
(b) Effective November 15, 1992, no person may sell or distribute,
or offer for sale or distribution, any class I or class II substance
that is suitable for use as a refrigerant in motor vehicle air-
conditioner and that is in a container which contains less than 20
pounds of such refrigerant to any person unless that person is properly
trained and certified under Sec. 82.40 or intended the containers for
resale only, and so certifies to the seller under Sec. 82.42(b)(3).
(c) No technician training programs may issue certificates unless
the program complies with all of the standards in Sec. 82.40(a).
(d) Motor vehicle disposal facilities. (1) Any refrigerant that is
extracted from an MVAC or an MVAC-like appliance (as that term is
defined in Sec. 82.152) bound for disposal and located at a motor
vehicle disposal facility may not be subsequently used to charge or
recharge an MVAC or MVAC-like appliance, unless, prior to such charging
or recharging, the refrigerant is either:
(i) Recovered, and reclaimed in accordance with the regulations
promulgated under Sec. 82.32(e)(2) of this subpart B; or
(ii) (A) Recovered using approved refrigerant recycling equipment
dedicated for use with MVACs and MVAC-like appliances, either by a
technician certified under paragraph (a)(2) of this section, or by an
employee, owner, or
[[Page 80]]
operator of, or contractor to, the disposal facility; and
(B) Subsequently recycled by the facility that charges or recharges
the refrigerant into an MVAC or MVAC-like appliance, properly using
approved refrigerant recycling equipment in accordance with any
applicable recommended service procedures set forth in the appendices to
this subpart B.
(2) Any refrigerant the sale of which is restricted under subpart F
that is extracted from an MVAC or an MVAC-like appliance bound for
disposal and located at a motor vehicle disposal facility but not
subsequently reclaimed in accordance with the regulations promulgated
under subpart F, may be sold prior to its subsequent re-use only to a
technician certified under paragraph (a)(2) of this section. Any
technician certified under paragraph (a)(2) of this section who obtains
such a refrigerant may subsequently re-use such refrigerant only in an
MVAC or MVAC-like appliance, and only if it has been reclaimed or
properly recycled.
(e) Refrigerant handling equipment manufactured or imported for use
during the maintenance, service or repair of MVACs for consideration
cannot be introduced into interstate commerce unless meeting the
requirements of Sec. 82.36.
[57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997;
72 FR 63494, Nov. 9, 2007]
Sec. 82.36 Approved refrigerant handling equipment.
(a)(1) Refrigerant recycling equipment must be certified by the
Administrator or an independent standards testing organization approved
by the Administrator under Sec. 82.38 to meet the following standard:
(2) Equipment that recovers and recycles CFC-12 refrigerant must
meet the standards set forth in appendix A of this subpart (Recommended
Service Procedure for the Containment of CFC-12, Extraction and Recycle
Equipment for Mobile Automotive Air-Conditioning Systems, and Standard
of Purity for Use in Mobile Air Conditioning Systems).
(3) Equipment that recovers but does not recycle CFC-12 refrigerant
must meet the standards set forth in appendix B of this subpart
(Recommended Service Procedure for the Containment of CFC-12 and
Extraction Equipment for Mobile Automotive Air-Conditioning Systems).
(4) Effective January 1, 2008, equipment that recovers and recycles
HFC-134a refrigerant and equipment that recovers and recycles HFC-134a
refrigerant and recharges systems with HFC-134a refrigerant must meet
the standards set forth in Appendix C of this subpart based upon J2788--
HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/Recycling/
Recharging for Mobile Air-Conditioning Systems.
(5) Effective October 31, 2008, equipment that recovers but does not
recycle HFC-134a refrigerant must meet the standards set forth in
Appendix D of this subpart based upon J2810--HFC-134a (R-134a) Recovery
Equipment Mobile Air-Conditioning Systems.
(6) Equipment that recovers and recycles both CFC-12 and HFC-134a
using common circuitry must meet the standards set forth in appendix E
of this subpart (Automotive Refrigerant Recycling Equipment Intended for
Use with both CFC-12 and HFC-134a, Recommended Service Procedure for the
Containment of CFC-12, and Recommended Service Procedure for the
Containment of HFC-134a).
(7) Equipment that recovers but does not recycle refrigerants other
than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth
in appendix F of this subpart (Recover-Only Equipment that Extracts a
Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or HFO-
1234yf).
(8) Equipment that recovers and recycles HFO-1234yf refrigerant from
MVACs and recharges MVAC systems with HFO-1234yf refrigerant must meet
the standards set forth in SAE J2843 (incorporated by reference, see
Sec. 82.31).
(9) Equipment that recovers but does not recycle contaminated HFC-
134a and/or HFO-1234yf refrigerant from MVACs must meet the standards
set forth in SAE J2851 (incorporated by reference, see Sec. 82.31).
(10) Equipment that recovers, recycles, and recharges both HFO-
1234yf and R-134a from MVACs must meet the
[[Page 81]]
standards set forth in SAE J3030 (incorporated by reference, see Sec.
82.31).
(b)(1) Refrigerant recycling equipment that has not been certified
under paragraph (a) of this section shall be considered approved if it
is substantially identical to the applicable equipment certified under
paragraph (a) of this section, and:
(i) For equipment that recovers and recycles CFC-12 refrigerant, it
was initially purchased before September 4, 1991;
(ii) For equipment that recovers but does not recycle CFC-12
refrigerant, it was initially purchased before April 22, 1992;
(iii) For equipment that recovers and recycles HFC-134a refrigerant,
it was initially purchased before March 6, 1996;
(iv) For equipment that recovers but does not recycle HFC-134a
refrigerant, it was initially purchased before March 6, 1996;
(v) For equipment that recovers but does not recycle any single,
specific refrigerant other than CFC-12 or HFC-134a, it was initially
purchased before March 6, 1996; and
(vi) For equipment that recovers and recycles HFC-134a and CFC-12
refrigerant using common circuitry, it was initially purchased before
March 6, 1996.
(2) Equipment manufacturers or owners may request a determination by
the Administrator by submitting an application and supporting documents
that indicate that the equipment is substantially identical to approved
equipment to: MVACs Recycling Program Manager, Stratospheric Protection
Division (6205J), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attn: Substantially
Identical Equipment Review. Supporting documents must include process
flow sheets, lists of components and any other information that would
indicate that the equipment is capable of processing the refrigerant to
the standards in appendix A, B, C, D, E or F of this subpart, as
applicable. Authorized representatives of the Administrator may inspect
equipment for which approval is being sought and request samples of
refrigerant that has been extracted and/or recycled using the equipment.
Equipment that fails to meet appropriate standards will not be
considered approved.
(3) Refrigerant recycling equipment that recovers or recovers and
recycles CFC-12 refrigerant and has not been certified under paragraph
(a) or approved under paragraphs(b)(1) and (b)(2) of this section shall
be considered approved for use with an MVAC-like appliance if it was
manufactured or imported before November 15, 1993, and is capable of
reducing the system pressure to 102 mm of mercury vacuum under the
conditions set forth in appendix A of this subpart.
(c) The Administrator will maintain a list of approved equipment by
manufacturer and model. Persons interested in obtaining a copy of the
list should send written inquiries to the address in paragraph (b) of
this section.
[57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62
FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007; 73 FR 34647, June
18, 2008; 86 FR 15595, Mar. 24, 2021]
Sec. 82.38 Approved independent standards testing organizations.
(a) Any independent standards testing organization may apply for
approval by the Administrator to certify equipment as meeting the
standards in Sec. 82.36(a) and appendices A, B, C, D, E, and F to this
subpart, as applicable. The application shall be sent to: MVACs
Recycling Program Manager, Stratospheric Protection Division (6205T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.
(b) Applications for approval must document the following:
(1) That the organization has the capacity to accurately test
whether refrigerant recycling equipment complies with the applicable
standards. In particular, applications must document:
(i) The equipment present at the organization that will be used for
equipment testing;
(ii) The expertise in equipment testing and the technical experience
of the organization's personnel;
(iii) Thorough knowledge of the standards as they appear in the
applicable appendices of this subpart; and
[[Page 82]]
(iv) The test procedures to be used to test equipment for compliance
with applicable standards, and why such test procedures are appropriate
for that purpose.
(2) That the organization has no conflict of interest and will
receive no financial benefit based on the outcome of certification
testing; and
(3) That the organization agrees to allow the Administrator access
to verify the information contained in the application.
(c) If approval is denied under this section, the Administrator
shall give written notice to the organization setting forth the basis
for his or her determination.
(d) If at any time an approved independent standards testing
organization is found to be conducting certification tests for the
purposes of this subpart in a manner not consistent with the
representations made in its application for approval under this section,
the Administrator reserves the right to revoke approval.
[57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62
FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021]
Sec. 82.40 Technician training and certification.
(a) Any technician training and certification program may apply for
approval, in accordance with the provisions of this paragraph, by
submitting to the Administrator at the address in Sec. 82.38(a)
verification that the program meets all of the following standards:
(1) Training. Each program must provide adequate training, through
one or more of the following means: on-the-job training, training
through self-study of instructional material, or on-site training
involving instructors, videos or a hands-on demonstration.
(2) Test subject material. The certification tests must adequately
and sufficiently cover the following:
(i) The standards established for the service and repair of MVACs
and MVAC-like appliances as set forth in Sec. 82.36(a) and appendices
A, B, C, D, E, and F to this subpart. These standards relate to the
recommended service procedures for the containment of refrigerant,
extraction equipment, extraction and recycle equipment, and the standard
of purity for refrigerant in motor vehicle air conditioners.
(ii) Anticipated future technological developments, such as the
introduction of HFC-134a in new motor vehicle air conditioners.
(iii) The environmental consequences of refrigerant release and the
adverse effects of stratospheric ozone layer depletion.
(iv) As of August 13, 1992, the requirements imposed by the
Administrator under section 609 of the Act.
(3) Test administration. Completed tests must be graded by an entity
or individual who receives no benefit based on the outcome of testing; a
fee may be charged for grading. Sufficient measures must be taken at the
test site to ensure that tests are completed honestly by each
technician. Each test must provide a means of verifying the
identification of the individual taking the test. Programs are
encouraged to make provisions for non-English speaking technicians by
providing tests in other languages or allowing the use of a translator
when taking the test. If a translator is used, the certificate received
must indicate that translator assistance was required.
(4) Proof of certification. Each certification program must offer
individual proof of certification, such as a certificate, wallet-sized
card, or display card, upon successful completion of the test. Each
certification program must provide a unique number for each certified
technician.
(b) In deciding whether to approve an application, the Administrator
will consider the extent to which the applicant has documented that its
program meets the standards set forth in this section. The Administrator
reserves the right to consider other factors deemed relevant to ensure
the effectiveness of certification programs. The Administrator may
approve a program which meets all of the standards in paragraph (a) of
this section except test administration if the program, when viewed as a
whole, is at least as effective as a program that does meet all the
standards. Such approval shall be limited to training and certification
conducted before August 13, 1992. If approval is denied under this
section, the Administrator shall give written notice
[[Page 83]]
to the program setting forth the basis for his determination.
(c) Technical revisions. Directors of approved certification
programs must conduct periodic reviews of test subject material and
update the material based upon the latest technological developments in
motor vehicle air conditioner service and repair. A written summary of
the review and any changes made must be submitted to the Administrator
every two years.
(d) Recertification. The Administrator reserves the right to specify
the need for technician recertification at some future date, if
necessary.
(e) If at any time an approved program is conducted in a manner not
consistent with the representations made in the application for approval
of the program under this section, the Administrator reserves the right
to revoke approval.
(f) Authorized representatives of the Administrator may require
technicians to demonstrate on the business entity's premises their
ability to perform proper procedures for recovering and/or recycling
refrigerant. Failure to demonstrate or failure to properly use the
equipment may result in revocation of the technician's certificate by
the Administrator. Technicians whose certification is revoked must be
recertified before servicing or repairing any motor vehicle air
conditioners.
[57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 62
FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021]
Sec. 82.42 Certification, recordkeeping and public notification
requirements.
(a) Certification requirements. (1) No later than January 1, 1993,
any person repairing or servicing motor vehicle air conditioners for
consideration shall certify to the Administrator that such person has
acquired, and is properly using, approved equipment and that each
individual authorized to use the equipment is properly trained and
certified. Certification shall take the form of a statement signed by
the owner of the equipment or another responsible officer and setting
forth:
(i) The name of the purchaser of the equipment;
(ii) The address of the establishment where the equipment will be
located; and
(iii) The manufacturer name and equipment model number, the date of
manufacture, and the serial number of the equipment. The certification
must also include a statement that the equipment will be properly used
in servicing motor vehicle air conditioners, that each individual
authorized by the purchaser to perform service is properly trained and
certified in accordance with Sec. 82.40, and that the information given
is true and correct.
(A) Owners or lessees of recycling or recovery equipment having
their places of business in Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont must send their certifications to:
CAA section 609 Enforcement Contact; EPA Region I; Mail Code 04-2; 5
Post Office Square--Suite 100, Boston, MA 02109-3912.
(B) Owners or lessees of recycling or recovery equipment having
their places of business in New York, New Jersey, Puerto Rico, Virgin
Islands must send their certifications to: CAA section 609 Enforcement
Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York,
NY 10007-1866.
(C) Owners or lessees of recycling or recovery equipment having
their places of business in Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia must send their certifications to:
CAA section 609 Enforcement Contact; EPA Region III--Wheeling Operations
Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline
Streets; Wheeling, WV 26003.
(D) Owners or lessees of recycling or recovery equipment having
their places of business in Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee must send their
certifications to: CAA section 609 Enforcement Contact; EPA Region IV
(APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA
30303.
(E) Owners or lessees of recycling or recovery equipment having
their places of business in Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin must
[[Page 84]]
send their certifications to: CAA section 609 Enforcement Contact, EPA
Region V (AE17J); 77 West Jackson Blvd.; Chicago, IL 60604-3507.
(F) Owners or lessees of recycling or recovery equipment having
their places of business in Arkansas, Louisiana, New Mexico, Oklahoma,
Texas must send their certifications to: CAA Section 609 Enforcement
Contact, EPA Region 6, 1201 Elm Street, Suite 500, Mail Code 6ECDAP,
Dallas, Texas 75270-2102.
(G) Owners or lessees of recycling or recovery equipment having
their places of business in Iowa, Kansas, Missouri, Nebraska must send
their certifications to: CAA section 609 Enforcement Contact; EPA Region
7; Mail Code APCO/APDB/ACES; 11201 Renner Boulevard, Lenexa, Kansas
66219.
(H) Owners or lessees of recycling or recovery equipment having
their places of business in Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming must send their certifications to: CAA section 609
Enforcement Contact, EPA Region VIII, Mail Code 8ENF-T, 999 18th Street,
Suite 500, Denver, CO 80202-2466.
(I) Owners or lessees of recycling or recovery equipment having
their places of business in American Samoa, Arizona, California, Guam,
Hawaii, Nevada must send their certifications to: CAA section 609
Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne
Street; San Francisco, CA 94105.
(J) Owners or lessees of recycling or recovery equipment having
their places of business in Alaska, Idaho, Oregon, Washington must send
their certifications to: CAA section 609 Enforcement Contact; EPA Region
X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101.
(b) Recordkeeping requirements. (1) Any person who owns approved
refrigerant recycling equipment certified under Sec. 82.36(a)(2) must
maintain records of the name and address of any facility to which
refrigerant is sent.
(2) Any person who owns approved refrigerant recycling equipment
must retain records demonstrating that all persons authorized to operate
the equipment are currently certified under Sec. 82.40.
(3) Any person who sells or distributes any class I or class II
substance that is suitable for use as a refrigerant in a motor vehicle
air conditioner and that is in a container of less than 20 pounds of
such refrigerant must verify that the purchaser is properly trained and
certified under Sec. 82.40. The seller must have a reasonable basis for
believing that the information presented by the purchaser is accurate.
The only exception to these requirements is if the purchaser is
purchasing the small containers for resale only. In this case, the
seller must obtain a written statement from the purchaser that the
containers are for resale only and indicate the purchasers name and
business address. Records required under this paragraph must be retained
for a period of three years.
(4) All records required to be maintained pursuant to this section
must be kept for a minimum of three years unless otherwise indicated.
Entities which service motor vehicle air conditioners for consideration
must keep these records on-site.
(5) All entities which service motor vehicle air conditioners for
consideration must allow an authorized representative of the
Administrator entry onto their premises (upon presentation of his or her
credentials) and give the authorized representative access to all
records required to be maintained pursuant to this section.
(c) Public notification. Any person who conducts any retail sales of
a class I or class II substance that is suitable for use as a
refrigerant in a motor vehicle air conditioner, and that is in a
container of less than 20 pounds of refrigerant, must prominently
display a sign where sales of such containers occur which states:
``It is a violation of federal law to sell containers of Class I and
Class II refrigerant of less than 20 pounds of such refrigerant to
anyone who is not properly trained and certified to operate approved
refrigerant recycling equipment.''
[57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 72
FR 63494, Nov. 9, 2007; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June
25, 2013; 84 FR 34070, July 17, 2019; 84 FR 44230, Aug. 23, 2019]
[[Page 85]]
Sec. Appendix A to Subpart B of Part 82--Standard for Recycle/Recover
Equipment
Standard of Purity for Use in Mobile Air-Conditioning Systems
Foreword
Due to the CFC's damaging effect on the ozone layer, recycle of CFC-
12 (R-12) used in mobile air-conditioning systems is required to reduce
system venting during normal service operations. Establishing recycle
specifications for R-12 will assure that system operation with recycled
R-12 will provide the same level of performance as new refrigerant.
Extensive field testing with the EPA and the auto industry indicate
that reuse of R-12 removed from mobile air-conditioning systems can be
considered, if the refrigerant is cleaned to a specific standard. The
purpose of this standard is to establish the specific minimum levels of
R-12 purity required for recycled R-12 removed from mobile automotive
air-conditioning systems.
1. Scope
This information applies to refrigerant used to service automobiles,
light trucks, and other vehicles with similar CFC-12 systems. Systems
used on mobile vehicles for refrigerated cargo that have hermetically
sealed, rigid pipe are not covered in this document.
2. References
SAE J1989, Recommended Service Procedure for the Containment of R-12
SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-
Conditioning Systems
ARI Standard 700-88
3. Purity Specification
The refrigerant in this document shall have been directly removed
from, and intended to be returned to, a mobile air-conditioning system.
The contaminants in this recycled refrigerant 12 shall be limited to
moisture, refrigerant oil, and noncondensable gases, which shall not
exceed the following level:
3.1 Moisture: 15 ppm by weight.
3.2 Refrigerant Oil: 4000 ppm by weight.
3.3 Noncondensable Gases (air): 330 ppm by wright.
4. Refrigeration Recycle Equipment Used in Direct Mobile Air-
Conditioning Service Operations Requirement
4.1 The equipment shall meet SAE J1990, which covers additional
moisture, acid, and filter requirements.
4.2 The equipment shall have a label indicating that it is
certified to meet this document.
5. Purity Specification of Recycled R-12 Refrigerant Supplied in
Containers From Other Recycle Sources
Purity specification of recycled R-12 refrigerant supplied in
containers from other recycle sources, for service of mobile air-
conditioning systems, shall meet ARI Standard 700-88 (Air Conditioning
and Refrigeration Institute).
6. Operation of the Recycle Equipment
This shall be done in accordance with SAE J1989.
Rationale
Not applicable.
Relationship of SAE Standard to ISO Standard
Not applicable.
Reference Section
SAE J1989, Recommended Service Procedure for the Containment of R-12
SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-
Conditioning Systems
ARI Standard 700-88
Application
This information applies to refrigerant used to service automobiles,
light trucks, and other vehicles with similar CFC-12 systems. Systems
used on mobile vehicles for refrigerated cargo that have hermetically
sealed, rigid pipe are not covered in this document.
Committee Composition
Developed by the SAE Defrost and Interior Climate Controls Standards
Committee
W.J. Atkinson, Sun Test Engineering, Paradise Valley, AZ--Chairman
J.J. Amin, Union Lake, MI
H.S. Andersson, Saab Scania, Sweden
P.E. Anglin, ITT Higbie Mfg. Co., Rochester, MI
R.W. Bishop, GMC, Lockport, NY
D. Hawks, General Motors Corporation, Pontiac, MI
J.J. Hernandez, NAVISTAR, Ft. Wayne, IN
H. Kaltner, Volkswagen AG, Germany, Federal Republic
D.F. Last, GMC, Troy, MI
D.E. Linn, Volkswagen of America, Warren, MI
J.H. McCorkel, Freightliner Corp., Charlotte, NC
C.J. McLachlan, Livonia, MI
[[Page 86]]
H.L. Miner, Climate Control Inc., Decatur, IL
R.J. Niemiec, General Motors Corp., Pontiac, MI
N. Novak, Chrysler Corp., Detroit, MI
S. Oulouhojian, Mobile Air Conditioning Society, Upper Darby, PA
J. Phillips, Air International, Australia
R.H. Proctor, Murray Corp., Cockeysville, MD
G. Rolling, Behr America Inc., Ft. Worth, TX
C.D. Sweet, Signet Systems Inc., Harrodsburg, KY
J.P. Telesz, General Motors Corp., Lockport, NY
Extraction and Recycle Equipment for Mobile Automotive Air Conditioning
Systems
SAE Recommended Practice, SAE J1990 (1991) \1\
0. Foreword
Due to the CFC's damaging effect on the ozone layer, recycle of CFC-
12 (R-12) used in mobile air-conditioning systems is required to replace
system venting during normal service operations. Establishing recycle
specifications for R-12 will provide the same level of performance as
new refrigerant.
---------------------------------------------------------------------------
\1\ This standard is appropriate for equipment certified after
February 1, 1992. This equipment may be marked design certified for
compliance with SAE J1990 (1991). The standard for approval for
equipment certified on or before February 1, 1992 is SAE J1990 (1989).
This equipment may be marked design certified for compliance with SAE
J1990 (1989). Both types of equipment are considered approved under the
requirements of this regulation.
---------------------------------------------------------------------------
Extensive field testing with the EPA and the auto industry indicates
that R-12 can be reused, provided that it is cleaned to specifications
in SAE J1991. The purpose of this document is to establish the specific
minimum equipment specification required for recycle of R-12 that has
been directly removed from mobile systems for reuse in mobile automotive
air-conditioning systems.
1. Scope
The purpose of this document is to provide equipment specifications
for CFC-12 (R-12) recycling equipment. This information applies to
equipment used to service automobiles, light trucks, and other vehicles
with similar CFC-12 air-conditioning systems. Systems used on mobile
vehicles for refrigerated cargo that have hermetically sealed systems
are not covered in this document. The equipment in this document is
intended for use with refrigerant that has been directly removed from,
and intended to be returned to, a mobile air-conditioning system. Should
other revisions due to operational or technical requirements occur, this
document may be amended.
2. References
2.1 Applicable Documents:
2.1.1 SAE Publications--Available from SAE, 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
SAE J1991--Standard of Purity for Use in Mobile Air-Conditioning Systems
SAE J2196--Service Hose for Automotive Air-Conditioning
2.1.2 CGA Publications--Available from CGA, Crystal Gateway 1,
Ste. 501, 1235 Jefferson Davis Hwy., Arlington, VA 22202
CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--Cylinders
for Compressed Gases
3. Specification and General Description
3.1 The equipment must be able to extract and process CFC-12 from
mobile air-conditioning systems. The equipment shall process the
contaminated R-12 samples as defined in 8.4 and shall clean the
refrigerant to the level as defined in SAE J1991.
3.2 The equipment shall be suitable for use in an automotive
service environment and be capable of continuous operation in ambients
from 10 to 49 [deg]C.
3.3 The equipment must be certified by Underwriters Laboratories or
an equivalent certifying laboratory.
3.4 The equipment shall have a label ``Design Certified by (Company
Name) to Meet SAE J1991''. The minimum letter size shall be bold type 3
mm in height.
4. Refrigeration Recycle Equipment Requirements
4.1 Moisture and Acid--The equipment shall incorporate a desiccant
package that must be replaced before saturated with moisture and whose
mineral acid capacity is at least 5% by weight of total system dry
desiccant.
4.1.1 The equipment shall be provided with a moisture detection
device that will reliably indicate when moisture in the CFC-12 exceeds
the allowable level and requires the filter/dryer replacement.
4.2 Filter--The equipment shall incorporate an in-line filter that
will trap particulates of 15 [micro]m or greater.
4.3 Noncondensable Gas.
4.3.1 The equipment shall either automatically purge
noncondensables (NCGs) if the acceptable level is exceeded or
incorporate a device to alert the operator that NCG level has been
exceeded. NCG removal must be part of normal operation of the equipment
and instructions must be provided
[[Page 87]]
to enable the task to be accomplished within 30 minutes.
4.3.2 Refrigerant loss from noncondensable gas purging during
testing described in Section 8 shall not exceed five percent (5%) by
weight of the total contaminated refrigerant removed from the test
system.
4.3.3 Transfer of Recycled Refrigerant--Recycled refrigerant for
recharging and transfer shall be taken from the liquid phase only.
5. Safety Requirements
5.1 The equipment must comply with applicable federal, state and
local requirements on equipment related to the handling of R-12
material. Safety precautions or notices related to the safe operation of
the equipment shall be prominently displayed on the equipment and should
also state ``Caution--Should Be Operated By Qualified Personnel''.
6. Operating Instructions
6.1 The equipment manufacturer must provide operating instructions,
necessary maintenance procedures, and source information for replacement
parts and repair.
6.2 The equipment must prominently display the manufacturer's name,
address and any items that require maintenance or replacement that
affect the proper operation of the equipment. Operation manuals must
cover information for complete maintenance of the equipment to assure
proper operation.
7. Functional Description
7.1 The equipment must be capable of ensuring recovery of the R-12
from the system being service, by reducing the system pressure below
atmospheric to a minimum of 102 mm of mercury.
7.2 To prevent overcharge, the equipment must be equipped to
protect the tank used to store the recycled refrigerant with a shutoff
device and a mechanical pressure relief valve.
7.3 Portable refillable tanks or containers used in conjunction
with this equipment must meet applicable Department of Transportation
(DOT) or Underwriters Laboratories (UL) Standards and be adaptable to
existing refrigerant service and charging equipment.
7.4 During operation, the equipment shall provide overfill
protection to assure the storage container, internal or external, liquid
fill does not exceed 80% of the tank's rated volume at 21.1 [deg]C (70
[deg]F) per DOT standards, CFR title 49, Sec. 173.304 and American
Society of Mechanical Engineers.
7.4.1 Additional Storage Tank Requirements.
7.4.1.1 The cylinder valve shall comply with the standard for
cylinder valves, UL 1769.
7.4.1.2 The pressure relief device shall comply with the Pressure
Relief Device Standard Part 1--Cylinders for Compressed Gases, CGA
Pamphlet S-1.1.
7.4.1.3 The tank assembly shall be marked to indicate the first
retest date, which shall be 5 years after date of manufacture. The
marking shall indicate that retest must be performed every subsequent 5
years. The marking shall be in letters at least \1/4\ in high.
7.5 All flexible hoses must meet SAE J2196 hose specification
effective January 1, 1992.
7.6 Service hoses must have shutoff devices located within 30 cm
(12 in) of the connection point to the system being serviced to minimize
introduction of noncondensable gases into the recovery equipment and the
release of the refrigerant when being disconnected.
7.7 The equipment must be able to separate the lubricant from the
recovered refrigerant and accurately indicate the amount removed during
the process, in 30 ml units. Refrigerant dissolves in lubricant sample.
This creates the illusion that more lubricant has been recovered than
actually has been. The equipment lubricant measuring system must take in
account such dissolved refrigerant to prevent overcharging the vehicle
system with lubricant. Note: Use only new lubricant to replace the
amount removed during the recycle process. Used lubricant should be
discarded per applicable federal, state, and local requirements.
7.8 The equipment must be capable of continuous operation in
ambient of 10 to 49 [deg]C (50 to 120 [deg]F).
7.9 The equipment should be compatible with leak detection material
that may be present in the mobile AC system.
8. Testing
This test procedure and the requirement are used for evaluation of
the equipment for its ability to clean the contaminated R-12
refrigerant.
8.1 The equipment shall clean the contaminated R-12 refrigerant to
the minimum purity level as defined in SAE J1991, when tested in
accordance with the following conditions:
8.2 For test validation, the equipment is to be operated according
to the manufacturer's instructions.
8.3 The equipment must be preconditioned with 13.6 kg (30 lb) of
the standard contaminated R-12 at an ambient of 21 [deg]C (70 [deg]F)
before starting the test cycle. Sample amounts are not to exceed 1.13 kg
(2.5 lb) with sample amounts to be repeated every 5 min. The sample
method fixture, defined in Fig. 1, shall be operated at 24 [deg]C (75
[deg]F).
8.4 Contaminated R-12 Samples.
8.4.1 Standard contaminated R-12 refrigerant shall consist of
liquid R-12 with 100
[[Page 88]]
ppm (by weight) moisture at 21 [deg]C (70 [deg]F) and 45,000 ppm (by
weight) mineral oil 525 suspension nominal and 770 ppm by weight of
noncondensable gases (air).
8.4.2 High moisture contaminated sample shall consist of R-12 vapor
with 1,000 ppm (by weight) moisture.
8.4.3 High oil contaminated sample shall consist of R-12 with
200,000 ppm (by weight) mineral oil 525 suspension viscosity nominal.
8.5 Test Cycle.
8.5.1 After preconditioning as stated in 8.3, the test cycle is
started, processing the following contaminated samples through the
equipment:
8.5.1.1 3013.6 kg (30 lb) of standard contaminated R-12.
8.5.1.2 1 kg (2.2 lb) of high oil contaminated R-12.
8.5.1.3 4.5 kg (10 lb) of standard contaminated R-12.
8.5.1.4 1 kg (2.2 lb) of high moisture contaminated R-12.
8.6 Equipment Operating Ambient.
8.6.1 The R-12 is to be cleaned to the minimum purity level, as
defined in SAE J1991, with the equipment operating in a stable ambient
of 10, 21, and 49 [deg]C (50, 70, and 120 [deg]F) and processing the
samples as defined in 8.5.
8.7 Sample Analysis.
8.7.1 The processed contaminated sample shall be analyzed according
to the following procedure.
8.8 Quantitative Determination of Moisture.
8.8.1 The recycled liquid phase sample of CFC-12 shall be analyzed
for moisture content via Karl Fischer coulometer titration or an
equivalent method. The Karl Fischer apparatus is an instrument for
precise determination of small amounts of water dissolved in liquid and/
or gas samples.
8.8.2 In conducting the test, a weighed sample of 30 to 130 grams
is vaporized directly into the Karl Fischer analyte. A coulometer
titration is conducted and the results are calculated and displayed as
parts per million moisture (weight).
8.9 Determination of Percent Lubricant.
8.9.1 The amount of oil in the recycled sample of CFC-12 is to be
determined by gravimetric analysis.
8.9.2 Following venting of noncondensable, in accordance with the
manufacturer's operating instructions, the refrigerant container shall
be shaken for 5 minutes prior to extracting samples for test.
8.9.3 A weighted sample of 175 to 225 grams of liquid CFC-12 is
allowed to evaporate at room temperature. The percent oil is to be
calculated from the weight of the original sample and the residue
remaining after the evaporation.
8.10 Noncondensable Gas.
8.10.1 The amount of noncondensable gas is to be determined by gas
chromatography. A sample of vaporized refrigerant liquid shall be
separated and analyzed by gas chromatography. A Porapak Q column at 130
[deg]C and a hot wire detector may be used for analysis.
8.10.2 This test shall be conducted on recycled refrigerant (taken
from the liquid phase) within 30 minutes after the proper venting of
noncondensable.
8.10.3 Samples shall be shaken for 8 hours prior to retesting while
at a temperature of 24 2.8 [deg]C (75 5 [deg]F). Known volumes of refrigerant vapor are to be
injected for separation and analysis by means of gas chromatography. A
Porapak Q column at 130 [deg]C (266 [deg]F) and a hot wire detector are
to be used for the analysis.
8.10.4 This test shall be conducted at 21 and 49 [deg]C and may be
performed in conjunction with the testing defined in Section 8.6. The
equipment shall process at least 13.6 kg of standard contaminated
refrigerant for this test.
8.11 Sample Requirements.
8.11.1 The sample shall be tested as defined in 8.7, 8.8, 8.9, and
8.10 at ambient temperatures of 10, 21, and 49 [deg]C (50, 70, and 120
[deg]F) as defined in 8.6.1.
[[Page 89]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.106
Recommended Service Procedure for the Containment of R-12
1. Scope
During service of mobile air-conditioning systems, containment of
the refrigerant is important. This procedure provides service guidelines
for technicians when repairing vehicles and operating equipment defined
in SAE J1990.
[[Page 90]]
2. References
SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-
Conditioning Systems
3. Refrigerant Recovery Procedure
3. 1 Connect the recovery unit service hoses, which shall have
shutoff valves within 12 in (30 cm) of the service ends, to the vehicle
air-conditioning system service ports.
3.2 Operate the recovery equipment as covered by the equipment
manufacturers recommended procedure.
3.2.1 Start the recovery process and remove the refrigerant from
the vehicle AC system. Operate the recovery unit until the vehicle
system has been reduced from a pressure to a vacuum. With the recovery
unit shut off for at least 5 min, determine that there is no refrigerant
remaining in the vehicle AC system. If the vehicle system has pressure,
additional recovery operation is required to remove the remaining
refrigerant. Repeat the operation until the vehicle AC system vacuum
level remains stable for 2 min.
3.3 Close the valves in the service lines and then remove the
service lines from the vehicle system. Proceed with the repair/service.
If the recovery equipment has automatic closing valves, be sure they are
properly operating.
4. Service With Manifold Gage Set
4.1 Service hoses must have shutoff valves in the high, low, and
center service hoses within 12 in (30 cm) of the service ends. Valves
must be closed prior to hose removal from the air-conditioning system.
This will reduce the volume of refrigerant contained in the service hose
that would otherwise be vented to atmosphere.
4.2 During all service operations, the valves should be closed
until connected to the vehicle air-conditioning system or the charging
source to avoid introduction of air and to contain the refrigerant
rather than vent open to atmosphere.
4.3 When the manifold gage set is disconnected from the air-
conditioning system or when the center hose is moved to another device
which cannot accept refrigerant pressure, the gage set hoses should
first be attached to the reclaim equipment to recover the refrigerant
from the hoses.
5. Recycled Refrigerant Checking Procedure for Stored Portable Auxiliary
Container
5.1 To determine if the recycled refrigerant container has excess
noncondensable gases (air), the container must be stored at a
temperature of 65 [deg]F (18.3 [deg]C) or above for a period of time, 12
h, protected from direct sun.
5.2 Install a calibrated pressure gage, with 1 psig divisions (0.07
kg), to the container and determine the container pressure.
5.3 With a calibrated thermometer, measure the air temperature
within 4 in (10 cm) of the container surface.
5.4 Compare the observed container pressure and air temperature to
determine if the container exceeds the pressure limits found on Table 1,
e.g., air temperature 70 [deg]F (21 [deg]C) pressure must not exceed 80
psig (5.62 kg/cm \2\).
Table 1
----------------------------------------------------------------------------------------------------------------
Temp Temp Temp Temp Temp
[deg]F Psig [deg]F Psig [deg]F Psig [deg]F Psig [deg]F Psig
----------------------------------------------------------------------------------------------------------------
65 74 75 87 85 102 95 118 105 136
66 75 76 88 86 103 96 120 106 138
67 76 77 90 87 105 97 122 107 140
68 78 78 92 88 107 98 124 108 142
69 79 79 94 89 108 99 125 109 144
70 80 80 96 90 110 100 127 110 146
71 82 81 98 91 111 101 129 111 148
72 83 82 99 92 113 102 130 112 150
73 84 83 100 93 115 103 132 113 152
74 86 84 101 94 116 104 134 114 154
----------------------------------------------------------------------------------------------------------------
Table 1 (Metric)
----------------------------------------------------------------------------------------------------------------
Temp Temp Temp Temp Temp
[deg]C Pres [deg]C Pres [deg]C Pres [deg]C Pres [deg]C PRres
----------------------------------------------------------------------------------------------------------------
18.3 5.20 23.9 6.11 29.4 7.17 35.0 8.29 40.5 9.56
18.8 5.27 24.4 6.18 30.0 7.24 35.5 8.43 41.1 9.70
19.4 5.34 25.0 6.32 30.5 7.38 36.1 8.57 41.6 9.84
20.0 5.48 25.5 6.46 31.1 7.52 36.6 8.71 42.2 9.98
20.5 5.55 26.1 6.60 31.6 7.59 37.2 8.78 42.7 10.12
21.1 5.62 26.6 6.74 32.2 7.73 37.7 8.92 43.3 10.26
21.6 5.76 27.2 6.88 32.7 7.80 38.3 9.06 43.9 10.40
22.2 5.83 27.7 6.95 33.3 7.94 38.8 9.13 44.4 10.54
22.7 5.90 28.3 7.03 33.9 8.08 39.4 9.27 45.0 10.68
23.3 6.04 28.9 7.10 34.4 8.15 40.0 9.42 45.5 10.82
----------------------------------------------------------------------------------------------------------------
Pres kg/sq cm.
[[Page 91]]
5.5 If the container pressure is less than the Table 1 values and
has been recycled, limits of noncondensable gases (air) have not been
exceeded and the refrigerant may be used.
5.6 If the pressure is greater than the range and the container
contains recycled material, slowly vent from the top of the container a
small amount of vapor into the recycle equipment until the pressure is
less than the pressure shown on Table 1.
5.7 If the container still exceeds the pressure shown on Table 1,
the entire contents of the container shall be recycled.
6. Containers for Storage of Recycled Refrigerant
6.1 Recycled refrigerant should not be salvaged or stored in
disposable refrigerant containers. This is the type of container in
which virgin refrigerant is sold. Use only DOT CFR title 49 or UL
approved storage containers for recycled refrigerant.
6.2 Any container of recycled refrigerant that has been stored or
transferred must be checked prior to use as defined in section 5.
7. Transfer of Recycled Refrigerant
7.1 When external portable containers are used for transfer, the
container must be evacuated at least 27 in of vacuum (75 mm Hg absolute
pressure) prior to transfer of the recycled refrigerant. External
portable containers must meet DOT and UL standards.
7.2 To prevent on-site overfilling when transferring to external
containers, the safe filling level must be controlled by weight and must
not exceed 60% of container gross weight rating.
8. Disposal of Empty/Near Empty Containers
8.1 Since all the refrigerant may not be removed from disposable
refrigerant containers during normal system charging procedures, empty/
near empty container contents should be reclaimed prior to disposal of
the container.
8.2 Attach the container to the recovery unit and remove the
remaining refrigerant. When the container has been reduced from a
pressure to a vacuum, the container valve can be closed. The container
should be marked empty and is ready for disposal.
Rationale
Not applicable.
Relationship of SAE Standard to ISO Standard.
Not applicable.
Reference Section
SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-
Conditioning Systems
Application
During service of mobile air-conditioning systems, containment of
the refrigerant is important. This procedure provides service guidelines
for technicians when repairing vehicles and operating equipment defined
in SAE J1990.
Committee Composition
Developed by the SAE Defrost and Interior Climate Control Standards
Committee
W.J. Atkinson, Sun Test Engineering, Paradise Valley, AZ--Chairman
J.J. Amin, Union Lake, MI
H.S. Andersson, Saab Scania, Sweden
P.E. Anglin, ITT Higbie Mfg. Co., Rochester, MI
R.W. Bishop, GMC, Lockport, NY
D.Hawks, General Motors Corporation, Pontiac, MI
J.J. Hernandez, NAVISTAR, Ft. Wayne, IN
H. Kaltner, Volkswagen AG, Germany, Federal Republic
D.F. Last, GMC, Troy, MI
D.E. Linn, Volkswagen of America, Warren, MI
J.H. McCorkel, Freightliner Corp., Charlotte, NC
C.J. McLachlan, Livonia, MI
H.L. Miner, Climate Control Inc., Decatur, IL
R.J. Niemiec, General Motors Corp., Pontiac, MI
N. Novak, Chrysler Corp., Detroit, MI
S. Oulouhojian, Mobile Air Conditioning Society, Upper Darby, PA
J. Phillips, Air International, Australia
R.H. Proctor, Murray Corp., Cockeysville, MD
G. Rolling, Behr America Inc., Ft. Worth, TX
C.D. Sweet, Signet Systems Inc., Harrodsburg, KY
J.P. Telesz, General Motors Corp., Lockport, NY
Sec. Appendix B to Subpart B of Part 82--Standard for Recover Equipment
SAE J1989, Recommended Service Procedure for the Containment of R-
12, as set forth under Appendix A, also applies to this Appendix B.
SAE J2209, issued June, 1992.
SAE Recommended Practice: CFC-12 (R-12) Extraction Equipment for Mobile
Automotive Air-Conditioning Systems
Foreword
CFCs deplete the stratospheric ozone layer that protects the earth
against harmful ultraviolet radiation. To reduce the emissions
[[Page 92]]
of CFCs, the 1990 Clean Air Act requires recycle of CFC-12 (R-12) used
in mobile air-conditioning systems to eliminate system venting during
service operations. SAE J1990 establishes equipment specifications for
on-site recovery and reuse of CFCs in mobile air-conditioning systems.
Establishing extraction equipment specifications for CFC-12 will provide
service facilities with equipment to assure that venting of refrigerant
will not occur.
1. Scope
The purpose of this document is to provide equipment specifications
for CFC-12 (R-12) recovery for recycling on-site or for transport off-
site to a refrigerant reclamation facility that will process it to ARI
(Air-Conditioning and Refrigeration Institute) standard 700-93 as a
minimum. It is not acceptable that the refrigerant removed from a mobile
air-conditioning system, with this equipment, be directly returned to a
mobile air-conditioning system.
This information applies to equipment used to service automobiles,
light trucks, and other vehicles with similar CFC-12 systems.
2. References
2. Applicable Documents--The following documents form a part of this
specification to the extent specified herein.
2.1.1 SAE Publications--Available from SAE, 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
SAE J639--Vehicle Service Coupling
SAE J1990--Extraction and Recycle Equipment for Mobile Automotive Air-
Conditioning Systems
SAE J2196--Service Hose for Automotive Air-Conditioning
2.1.2 ARI Publications--Available from Air-Conditioning and
Refrigeration Institute, 1501 Wilson Boulevard, Sixth Floor, Arlington,
VA 22209.
ARI 700-93--Specifications for Fluorocarbon Refrigerants
2.1.3 CGA Publications--Available from CGA, Crystal Gateway 1,
Suite 501, 1235 Jefferson Davis Highway, Arlington, VA 22202.
CGA S-1.1--Pressure Relief Device Standard Part 1--Cylinders for
Compressed Gases
2.1.4 DOT Specifications--Available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402.
49 CFR, Section 173.304--Shippers--General Requirements for Shipments
and Packagings
2.1.5 UL Publications--Available from Underwriters Laboratories,
333 Pfingsten Road, Northbrook, IL 60062-2096.
UL 1769--Cylinder Valves
3. Specifications and General Description
3.1 The equipment must be able to extract CFC-12 from a mobile air-
conditioning system.
3.2 The equipment discharge or transfer fitting shall be unique to
prevent the unintentional use of extracted CFC-12 to be used for
recharging auto air conditioners.
3.3 The equipment shall be suitable for use in an automotive
service garage environment as defined in 6.8.
3.4 Equipment Certification--The equipment must be certified by
Underwriters Laboratories or an equivalent certifying laboratory to meet
this standard.
3.5 Label Requirements--The equipment shall have a label ``Design
Certified by (company name) to meet SAE J2209 for use with CFC-12. The
refrigerant from this equipment must be processed to ARI 700-93
specifications before reuse in a mobile air-conditioning system.'' The
minimum letter size shall be bold type 3mm in height.
4. Safety Requirements
4.1 The equipment must comply with applicable federal, state and
local requirements on equipment related to the handling of R-12
material. Safety precautions or notices or labels related to the safe
operation of the equipment shall also be prominently displayed on the
equipment and should also state ``CAUTION--SHOULD BE OPERATED BY
CERTIFIED PERSONNEL.'' The safety identification shall be located on the
front near the controls.
4.2 The equipment must comply with applicable safety standards for
electrical and mechanical requirements.
5. Operating Instructions
5.1 The equipment manufacturer must provide operating instructions,
necessary maintenance procedures and source information for replacement
parts and repair.
5.2 The equipment must prominently display the manufacturer's name,
address and any items that require maintenance or replacement that
affect the proper operation of the equipment. Operation manuals must
cover information for complete maintenance of the equipment to assure
proper operation.
6. Functional Description
6.1 The equipment must be capable of ensuring recovery of the CFC-
12 from the system being serviced, by reducing the system pressure to a
minimum of 102 mm of mercury below atmospheric. To prevent system
delayed outgassing, the unit must have a device that assures that the
refrigerant has been recovered from the air-conditioning system.
6.1.1 Testing laboratory certification of the equipment capability
is required which
[[Page 93]]
shall process contaminated refrigerant samples at specific temperatures.
6.2 The equipment must be preconditioned with 13.6 kg of the
standard contaminated CFC-12 at an ambient of 21 [deg]C before starting
the test cycle. Sample amounts are not to exceed 1.13 kg with sample
amounts to be repeated every 5 minutes. The sample method fixture
defined in Figure 1 of appendix A shall be operated at 24 [deg]C.
Contaminated CFC-12 samples shall be processed at ambient temperatures
of 10 and 49 [deg]C.
6.2.1 Contaminated CFC-12 sample.
6.2.2 Standard contaminated CFC-12 refrigerant, 13.6 Kg sample
size, shall consist of liquid CFC-12 with 100 ppm (by weight) moisture
at 21 [deg]C and 45,000 ppm (by weight) mineral oil 525 suspension
nominal and 770 ppm (by weight) of noncondensable gases (air).
6.3 Portable refillable containers used in conjunction with this
equipment must meet applicable DOT standards.
6.3.1 The container color must be gray with yellow top to identify
that it contains used CFC-12 refrigerant. It must be permanently marked
on the outside surface in black print at least 20 mm high ``DIRTY R-12--
DO NOT USE, MUST BE REPROCESSED''.
6.3.2 The portable refillable container shall have a SAE \3/8\ inch
flare male thread connection as identified in SAE J639 CFC-12 High
Pressure Charging Valve Figure 2.
6.3.3 During operation the equipment shall provide overfill
protection to assure that the storage container liquid fill does not
exceed 80% of the tank's rated volume at 21 [deg]C per DOT standard, CFR
Title 49, section 173.304 and the American Society of Mechanical
Engineers.
6.4 Additional Storage Tank Requirements.
6.4.1 The cylinder valve shall comply with the standard for
cylinder valves, UL 1769.
6.4.2 The pressure relief device shall comply with the pressure
relief device standard part 1, CGA pamphlet S-1.1.
6.4.3 The container assembly shall be marked to indicate the first
retest date, which shall be 5 years after date of manufacture. The
marking shall indicate that retest must be performed every subsequent
five years. The marking shall be in letters at least 6 mm high.
6.5 All flexible hoses must meet SAE J2196 standard for service
hoses.
6.6 Service hoses must have shutoff devices located within 30 cm of
the connection point to the system being serviced to minimize
introduction of noncondensable gases into the recovery equipment during
connection and the release of the refrigerant during disconnection.
6.7 The equipment must be able to separate the lubricant from the
recovered refrigerant and accurately indicate the amount removed from
the system during processing in 30 ml units.
6.7.1 The purpose of indicating the amount of lubricant removed is
to ensure that a proper amount is returned to the mobile air-
conditioning system for compressor lubrication.
6.7.2 Refrigerant dissolved in this lubricant must be accounted for
to prevent system lubricant overcharge of the mobile air-conditioning
system.
6.7.3 Only new lubricant, as identified by the system manufacturer,
should be replaced in the mobile air-conditioning system.
6.7.4 Removed lubricant from the system and/or the equipment shall
be disposed of in accordance with applicable federal, state and local
procedures and regulations.
6.8 The equipment must be capable of continuous operation in
ambient temperatures of 10 [deg]C to 49 [deg]C and comply with 6.1.
6.9 The equipment should be compatible with leak detection material
that may be present in the mobile air-conditioning system.
7.0 For test validation, the equipment is to be operated according
to the manufacturer's instructions.
[60 FR 21688, May 2, 1995]
Sec. Appendix C to Subpart B of Part 82--SAE J2788 Standard for
Recovery/Recycle and Recovery/Recycle/Recharging Equipment for HFC-134a
Refrigerant
Foreword
This Appendix establishes the specific minimum equipment
requirements for the recovery/recycling of HFC-134a that has been
directly removed from, and is intended for reuse in, mobile air-
conditioning systems and recovery/recycling and system recharging of
recycled, reclaimed or virgin HFC-134a. Establishing such specifications
will ensure that system operation with recycled HFC-134a will provide
the same level of performance and durability as new refrigerant.
1. Scope
The purpose of this SAE Standard is to establish the specific
minimum equipment performance requirements for recovery and recycling of
HFC-134a that has been directly removed from, and is intended for reuse
in, mobile air-conditioning (A/C) systems. It also is intended to
establish requirements for equipment used to recharge HFC-134a to an
accuracy level that meets Section 9 of this document and SAE J2099. The
requirements apply to the following types of service equipment and their
specific applications.
a. Recovery/Recycling Equipment,
[[Page 94]]
b. Recovery/Recycling--Refrigerant Charging,
c. Refrigerant Recharging Equipment Only.
1.1 Improved refrigerant recovery equipment is required to ensure
adequate refrigerant recovery to reduce emissions and provide for
accurate recharging of mobile air conditioning systems. Therefore, 12
months following the publication date of this standard, requirements in
this standard supplements and supersedes, SAE J2210.
2. References
2.1 Applicable Publications
The following publications form a part of this specification to the
extent specified herein. Unless otherwise indicated, the latest issue of
SAE publications shall apply.
2.1.1 SAE Publications
Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-
0001, Tel: 877-606-7323 (inside USA and Canada) or 724-776-4970 (outside
USA), www.sae.org.
SAE J2099 Standard of Purity for Recycled HFC-134a (R-134a) for Use in
Mobile Air-Conditioning Systems
SAE J2196 Service Hoses for Automotive Air-Conditioning
SAE J2197 Service Hose Fittings for Automotive Air-Conditioning
SAE J2296 Retest of Refrigerant Container
2.1.2 CGA Publications
Available from CGA, 4221 Walney Road, 5th Floor, Chantilly VA 20151-
2923, Tel: 703-788-2700, http://www.cganet.com.
CGA Pamphlet S-1.1 Pressure Relief Device Standard Part 1--Cylinders for
Compressed Gases 2.1.3 DOT Publications
Available from the Superintendent of Documents, U.S. Government
Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320.
OT Standard, CFR Title 49, Section 173.304 Shippers--General
Requirements for Shipments and Packagings
2.1.4 UL Publications
Available from Underwriters Laboratories Inc., 333 Pfingsten Road,
Northbrook, IL 60062-2096, Tel: 847-272-8800, http://www.ul.com.
UL 1769 Cylinder Valves
UL 1963 Refrigerant Recovery/Recycling Equipment
3. Specification and General Description
3.1 The equipment must be able to remove and process HFC-134a (R-
134a) from mobile A/C systems to the purity level specified in SAE
J2099.
3.2 The equipment shall be suitable for use in an automotive
service garage environment and be capable of continuous operation in
ambients from 10 [deg]C to 49 [deg]C (50 [deg]F to 120 [deg]F). If it is
designed to recharge a system, and it uses a scale for this purpose, the
scale must demonstrate the ability to maintain accuracy per the test in
10.2.
3.3 The equipment must be certified that it meets this
specification by an EPA listed certifying laboratory.
3.4 The equipment shall have a label, which states, ``Certified by
(Certifying Agent) to Meet SAE J2788 superseding SAE J2210'' in bold-
type letters a minimum of 3 mm (\1/8\ in) in height.
4. Refrigerant Recycling Equipment Requirements
4.1 Moisture and Acid
The equipment shall incorporate a desiccant package that must be
replaced before saturation with moisture, and whose mineral acid
capacity is at least 5% by weight of the dry desiccant.
4.1.1 The equipment shall be provided with a means of indicating
when the filter desiccant moisture capacity has reached the allowable
limit and desiccant replacement is required. This may include a reliable
means of detecting moisture level or an algorithm based on the amount
refrigerant recovered. The user must be clearly alerted to replace the
filter prior to the full saturation. Warnings shall be displayed on
screens and (printed on printouts where applicable). The warnings must
explain that the machine is approaching the end of filter life. The
manufacturer must incorporate a lockout when the end of filter life is
reached.
4.1.2 The manufacturer shall use an identification system to ensure
that a new filter has been installed to reset the machine for operation.
4.2 Filter
The equipment shall incorporate an in-line filter that will trap
particulates of 15 micron spherical diameter or greater.
4.3 Scale (if used)
The scale must maintain accuracy when moved, as per the test in
Section 10.
[[Page 95]]
4.4 Purging Noncondensable Gases
4.4.1 The equipment shall automatically purge noncondensables
(NCGs), which are primarily air, if the acceptable level is exceeded.
NCG removal must be part of the normal operation of the equipment and
instructions must be provided to enable the task to be accomplished
within 30 min (to reach the refrigerant purity level specified in SAE
J2099).
4.4.2 Refrigerant loss from noncondensable gas purging during the
testing described in Section 8 shall be minimized by a method that
initiates a purge when the machine has not been in use for a period long
enough for air-refrigerant separation in the tank to have occurred.
4.5 Recharging and Transfer of Recycled Refrigerant
Recycled refrigerant for recharging and transfer shall be taken from
the liquid phase only.
5. Safety Requirements
5.1 The equipment must comply with applicable federal, state, and
local requirements on equipment related to handling HFC-134a material.
Safety precautions or notices related to safe operation of the equipment
shall be prominently displayed on the equipment and should also state
``CAUTION--SHOULD BE OPERATED BY QUALIFIED PERSONNEL.''
5.2 Under NO CIRCUMSTANCES should any equipment be pressure tested
or leak tested with air/HFC-134a mixtures.
Do not use compressed air (shop air) or leak detection in systems
containing HFC-134a.
6. Operating Instructions
6.1 The equipment manufacturer shall provide a warning in the
instruction manual regarding the possibility of refrigerant
contamination in the mobile A/C system being serviced.
6.1.1 If recovery/recycle equipment has refrigerant identification
equipment, the refrigerant identification equipment shall meet the
requirements of SAE J1771.
6.1.2 Recovery/recycling equipment not having refrigerant
identification capability shall have instructions in the equipment
manual covering possible contamination problems to the equipment and the
contamination of the existing recycled refrigerant in the container in
the equipment.
6.2 The equipment manufacturer must provide operating instructions,
including proper attainment of vehicle system vacuum (i.e., when to stop
the extraction process), filter/desiccant replacement, and purging of
noncondensable gases (air). Also to be included are any other necessary
maintenance procedures, source information for replacement parts and,
repair and safety precautions.
6.2.1 The manual shall identify the proper maintaining of hose and
seals to prevent the addition of excess air, due to leaks, during the
recovery process, which would increase the NCG level in the recovered
refrigerant.
6.3 The equipment must prominently display the manufacturer's name,
address, the type of refrigerant it is designed to recycle, a service
telephone number, and the part number for the replacement filter/drier.
7. Functional Description
The ability of the equipment to meet the refrigerant recovery and
recharge specifications of this section shall be determined by the test
procedures of Section 10.
7.1 The equipment must be capable of continuous operation in
ambient temperatures of 10 [deg]C (50 [deg]F) to 49 [deg]C (120 [deg]F).
Continuous is defined as completing recovery/recycle and recharge (if
applicable) operations with no more than a brief reset period between
vehicles, and shall not include time delays for allowing a system to
outgas (which shall be part of the recovery period provided by this
standard). Continuous may include time out for an air purge if
necessary, although it is understood that extended equipment-off time is
preferred to allow NCG and refrigerant separation in the supply tank for
optimum results.
7.1.1 The equipment shall be capable of removing a minimum of 95.0%
of the refrigerant from the test system in 30 minutes or less, without
external heating, or use of any device (such as shields, reflectors,
special lights, etc.) which could heat components of the system. The
recovery procedures shall be based on 21 to 24 [deg]C (70 to 75 [deg]F)
ambient temperature. The test system for qualifying shall be a 1.4 kg
(3.0 lbs) capacity orifice tube/accumulator system in a 2005 Chevrolet
Suburban with front and rear A/C, or the test option described in 10.5,
and shall be determined by accurately weighing the recovery machine with
the resolution and accuracy of within 3 g (.006 lb) in the range of the
machine's weight. The laboratory shall maintain records of the vehicle,
including its VIN (vehicle identification number).
7.1.2 However, the preceding shall not preclude a brief period of
engine operation at fast idle (up to 15 minutes, up to 2000 rpm) to
circulate refrigerant and oil, and provide some engine and warm-up of A/
C refrigeration components. The laboratory shall monitor coolant
temperature per the vehicle engine coolant temperature sensor, and
coolant temperature shall not be allowed to exceed 105 [deg]C (221
[deg]F). The time required shall not be included in the total time of 30
minutes set forth in 7.1.1.
7.1.3 The refrigerant that is recovered, following oil separation,
shall be measured and the quantity displayed, accurate to
[[Page 96]]
within 30 g (1.0 oz). The equipment must include a
provision for checking the accuracy, per the requirements of 9.1.
7.2 During recovery operation, the equipment shall provide overfill
protection to assure that the liquid fill of the storage container
(which may be integral or external) does not exceed 80% of the tank's
rated volume at 21 [deg]C per Department of Transportation (DOT)
Standard, CFR Title 49, Section 173.304 and the American Society of
Mechanical Engineers.
7.3 Portable refillable tanks or containers used in conjunction
with this equipment must be labeled ``HFC-134a (R-134a),'' meet
applicable Department of Transportation (DOT) or Underwriters
Laboratories (UL) Standards, and shall incorporate fittings per SAE
J2197.
7.3.1 The cylinder valve shall comply with the standard for
cylinder valves, UL 1769.
7.3.2 The pressure relief device shall comply with the Pressure
Relief Device Standard Part 1--Cylinders for Compressed Gases, CGA
Pamphlet S-1.1.
7.3.3 The tank assembly shall be marked to indicate the first
retest date, which shall be 5 years after the date of manufacture. The
marking shall indicate that retest must be performed every subsequent 5
years. SAE J2296 provides an inspection procedure. The marking shall be
in letters at least 6 mm (\1/4\ in) high.
7.3.4 ASME tanks as defined in UL-1963 may be used and are exempt
from the retest requirements.
7.3.5 If the machine is designed for recharging, and the marketer
permits use of a non-refillable refrigerant tank, the machine shall
include a way to ensure refrigerant remaining in the tank (called the
``heel'') to no more than 2% of tank rated capacity when the tank is
indicated to be empty. This may be done by the machine marketer as
follows:
Specify a non-venting procedure, to minimize the
amount of unused refrigerant remaining in the tank. The machine shall
include any devices required for the procedure, other than ordinary
service shop tools and supplies, and include in the operator's manual,
any instructions.
Provide an automatic or (with instructions in the
operator's manual) semi-automatic non-venting procedure with the
machine.
The laboratory shall test for the 2% capability. For testing
purposes it may use a refillable tank, minimum 15 lb capacity (6.8 kg)
containing a minimum of 7.5 lbs (3.4 kg) refrigerant. The test is as
follows:
a. Weigh the tank at the start of the test, on a scale accurate to
plus/minus 3 grams, to ensure it contains sufficient refrigerant.
b. Operate the machine to remove refrigerant from the tank, charging
into a holding container until the tank is indicated to be empty.
Continue with the marketer's recommended procedure for the 2%
capability.
c. Weigh the tank, on a scale accurate to plus/minus 3 grams.
d. Using the recovery compressor and/or a vacuum pump, draw the tank
into a vacuum of 9 to 10 inches Mercury (225 to 250 mm Mercury). The
tank must hold that vacuum with a decay of less than 10% in 10 minutes.
If vacuum decays 10% or more, the procedure shall be repeated as
necessary to ensure the tank is empty.
e. Weigh the tank on a scale accurate to plus/minus 3 grams. The
difference in weight from Steps 3 to 5 shall be within 2% of the weight
of the amount of refrigerant that is the tanks rated capacity.
f. This test may be performed at the conclusion of testing in 10.4
or 10.5. If the machine passes or has passed all other testing in this
standard, the marketer may make modifications in procedure and/or
machine operation and retest once at a later date, within 90 days. If
the machine fails the retest, the machine must be completely retested
per this standard, or may be certified per the following alternative.
The marketer of the machine may specify use of a non-refillable
refrigerant tank that provides for recycling and/or disposal of the
residual refrigerant, in either case in a manner that does not vent. Or
the marketer may exclude use of a one-way container, in the machine's
operating instructions.
7.4 All flexible hoses must comply with SAE J2196.
7.5 Service hoses must have shutoff devices located at the
connection point to the system being serviced. Any hoses or lines
connected to refrigerant containers on or in the machine also shall have
shutoff devices at the connection points, so that the containers may be
changed without loss of refrigerant. A tank that is a permanent
installation is exempt from this requirement.
7.6 The equipment shall separate oil from the refrigerant, measure
the amount accurate to 20 ml (0.7 oz.), so the technician has an
accurate basis for adding oil to the system.
7.6.1 This statement shall be predominately identified in the
equipment service manual.
Note: Use only new lubricant to replace the amount removed during
the recycling process. Used lubricant should be discarded per applicable
federal, state and local requirements.
8. Testing
This test procedure and its requirements are to be used to determine
the ability of the recycling equipment to adequately recycle
contaminated refrigerant.
[[Page 97]]
8.1 The equipment shall be able to clean the contaminated
refrigerant in Sec. 8.3 to the purity level defined in SAE J2099.
8.2 The equipment shall be operated in accordance with the
manufacturer's operating instructions.
8.3 Contaminated HFC-134a (R-134a) Sample
8.3.1 The standard contaminated refrigerant shall consist of liquid
HFC-134a with 1300 ppm (by weight) moisture (equivalent to saturation at
38 [deg]C, 100 [deg]F), 45000 ppm (by weight) HFC-134a compatible
lubricant, and 1000 ppm (by weight) of noncondensable gases (air).
8.3.1.1 The HFC-134a compatible lubricant referred to in 8.3.1,
shall be polyalkylene glycol (PAG), ISO 100 such as UCLN or PAG ISO 46-
55, such as Idemitsu or equivalent, which shall contain no more than
1000 ppm by weight of moisture.
8.3.1.2 Although the test lubricant is a PAG, to conform to that
used in the test vehicle system, the equipment manufacturer also shall
ensure that it is compatible with polyol ester lubricant, such as ND 11
as used in electrically driven compressors in some hybrid vehicles.
8.4 Test Cycle
8.4.1 The equipment must be preconditioned by processing 13.6 kg
(30 lb) of the standard contaminated HFC-134a at an ambient of 21 to 24
[deg]C (70 to 75 [deg]F) before starting the test cycle. 1.13 kg (2.56
lb) samples are to be processed at 5 min intervals. The test fixture,
depicted in Figure 1, shall be operated at 21 to 24 [deg]C (70 to 75
[deg]F).
[[Page 98]]
[GRAPHIC] [TIFF OMITTED] TR09NO07.001
8.4.2 Following the preconditioning procedure per 8.4.1, 18.2 kg
(40 lb) of standard contaminated HFC-134a are to be processed by the
equipment.
8.5 Sample Requirements
8.5.1 Samples of the standard contaminated refrigerant from 8.3.1
shall be processed as required in 8.6 and shall be analyzed
[[Page 99]]
after said processing as defined in 8.7, 8.8, and 8.9. Note exception
for noncondensable gas determination in 8.9.4.
8.6 Equipment Operating Ambient
8.6.1 The HFC-134a is to be cleaned to the purity level, as defined
in SAE J2099, with the equipment operating in a stable ambient of 10,
21, and 49 [deg]C (50, 70 and 120 [deg]F) while processing the samples
as defined in 8.4.
8.7 Quantitative Determination of Moisture
8.7.1 The recycled liquid phase sample of HFC-134a shall be
analyzed for moisture content via Karl Fischer coulometric titration, or
an equivalent method. The Karl Fischer apparatus is an instrument for
precise determination of small amounts of water dissolved in liquid and/
or gas samples.
8.7.2 In conducting this test, a weighed sample of 30 to 130 g is
vaporized directly into the Karl Fischer anolyte. A coulometric
titration is conducted and the results are reported as parts per million
moisture (weight).
8.8 Determination of Percent Lubricant 8.8.1 The amount of
lubricant in the recycled HFC-134a sample shall be determined via
gravimetric analysis. The methodology must account for the
hygroscopicity of the lubricant.
8.8.2 Following venting of noncondensable gases in accordance with
the manufacturer's operating instructions, the refrigerant container
shall be shaken for 5 min prior to extracting samples for testing.
8.8.3 A weighed sample of 175 to 225 g of liquid HFC-134a is
allowed to evaporate at room temperature. The percent lubricant is
calculated from weights of the original sample and the residue remaining
after evaporation.
8.9 Noncondensable Gases--Testing for Amount
8.9.1 The amount of noncondensable gases shall be determined by gas
chromatography. A sample of vaporized refrigerant liquid shall be
separated and analyzed by gas chromatography. A Porapak Q column at 130
[deg]C (266 [deg]F) and a hot wire detector may be used for the
analysis.
8.9.2 This test shall be conducted on liquid phase samples of
recycled refrigerant taken from a full container as defined in 7.2
within 30 min following the proper venting of noncondensable gases.
8.9.3 The liquid phase samples in 8.9.2 shall be vaporized
completely prior to gas chromatographic analysis.
8.9.4 This test shall be conducted at 10 and 49 [deg]C (50 and 120
[deg]F) and may be performed in conjunction with the testing defined in
8.6. The equipment shall process at least 13.6 kg (30 lb) of standard
contaminated refrigerant for this test.
8.9.5 The equipment shall be capable of charging refrigerant into
systems with various lubrication types and shall deliver less than 1% by
weight residual oil during system charge if the machine permits oil
charging with refrigerant (due to residual oil in the service hoses and
recovery unit refrigerant circuit from prior recovery, diagnostics and
oil injection. This shall be determined during SAE J2099 testing.)
9. Recharging the System
9.1 It is the responsibility of the equipment manufacturer to
ensure that the vacuum removal performance leaves the system 98% free of
NCGs before recharging, following recovery and recycle under the
provisions of this document.
The equipment must be capable of both indicating and recharging the
system to within 15 g (0.50 oz) of vehicle manufacturer's
specifications. The laboratory shall test for this capability by
choosing a charge amount that is within the range of the vehicle
manufacturer's specifications. The equipment must indicate and charge
the system with that chosen amount, within 15 g
(0.5 oz).
Example: If 500 g is chosen, the actual and indicated charge must be
485 to 515 g, with any difference between actual and indicated charge
within the laboratory scale accuracy requirements of this standard. If a
scale is used in the machine, the equipment manufacturer shall provide a
method or service for the technician to check scale accuracy, and
include any necessary accuracy-checking device (such as a calibration
weight(s)) with the machine. If a mass flow system is used for charge
determination, it must maintain accuracy equal to the 15 g (0.50 oz)
specification. The equipment manufacturer shall provide a method for
checking accuracy and include any necessary accuracy testing device(s)
with the machine. If the accuracy testing device(s) for a scale or mass
flow machine includes a consumable, the manufacturer shall include a
quantity of replacement or refill devices for five years of periodic
testing as recommended.
9.2 If any other system is used for charge determination, such as a
positive displacement pump, the equipment manufacturer shall provide a
method and any needed device(s) to check accuracy that is/are
appropriate for its method of operation, including any temperature-
compensating trim if used.
10. Equipment Test Procedure by Laboratory for Recovery/Recycling and
Recovery/Recycling/Recharging Machines
10.1 Preliminary: Ambient (in shop) temperature shall be 21 to 24
[deg]C (70 to 75 [deg]F). Test vehicle shall be ``overnight cold'' (not
run for at least eight hours).
10.2 The machine must have a self-contained provision for checking
accuracy of
[[Page 100]]
the indicated amount of refrigerant recovered in liquid or vapor or
mixture form(s) from a vehicle system and (if applicable) charged into a
vehicle, and adjusting if necessary, to meet requirements of 9.1, 9.2.
Therefore: If the machine uses a scale for that purpose, check the
accuracy of that scale and make any adjustment if necessary. If an
alternative method of measuring refrigerant is used, follow the
equipment manufacturer's procedure for ensuring accuracy. Next, move the
machine, such as by rolling it, along the floor, a minimum of 20 feet
(6.1 meters) within 10 seconds. Follow with the test procedure in 10.3,
then 10.4 or 10.5.
10.3 Test Procedure
If desired, this test procedure may be preceded by engine/system
operation for up to 15 minutes, up to 2000 rpm.
1. You must start with an empty system, using this method: (a)
Operate machine to recover refrigerant, per equipment manufacturer's
instructions. (b) Deep-vacuum system to a minimum of 710 mm (28 in) of
mercury. (c) Monitor vacuum for decay, checking every 20 minutes. If
decay exceeds 75 mm (3 in), deep vacuum the system again. When system
holds 710 mm (28 in) 75 mm (3 in) of mercury vacuum for three hours, it
is considered empty.
2. Place machine on a platform scale with the capacity to weigh the
recovery/recycle/recharge machine, and with the resolution and accuracy
of within 3 g (.006 lb) in the range of the
machine's weight. Weight should include the machine's service hoses
draped over the machine, and with the machine's oil reservoir removed.
If necessary to add oil to vehicle system as a result of a system
operation preparatory to the recovery process, inject the needed
quantity through the service valve at this time.
3. Record weight of machine in as weight A.
4. Reconnect service hoses to the test vehicle.
5. Follow the equipment manufacturer's specified procedure for
charging the vehicle manufacturer's recommended amount of refrigerant
into the system. Note: if this does not apply to the machine under test,
i.e. a recovery/recycling only machine, the use of charging equipment
that meets this standard and the platform scale shall be used to verify
the accuracy of the charge.
6. Disconnect the service hoses from the test vehicle and drape them
on the machine. Check and record the weight of the machine. Record this
weight as weight B. The difference between weight A and weight B should
be equal to the recommended charge that was installed per the machine's
display, within 15 g (0.5 oz). If the difference is greater than 15 g
(3 g), the machine fails the charge accuracy test,
and no other tests shall be performed at that time. The manufacturer
must document changes made to improve accuracy and furnish them to the
laboratory prior to a new test. Exception: If the maximum deviation is
no more than a total of 20 g, the calibration of the scale or other
measuring system may be rechecked and readjusted once, and the entire
test repeated just once.
10.4 Recovery Test Using a Vehicle
1. Following a successful system charge, the system and engine shall
be run for 15 minutes at 2000 rpm to circulate oil and refrigerant,
following which engine and system shall rest for eight hours. Then the
laboratory may begin the recovery test. If the machine manufacturer
specifies, operate the engine/system for up to 15 minutes, at up to 2000
rpm, then shut off engine/system.
2. If the machine has an automatic air purge, disable it. Check the
weight of the machine with the platform scale (service hoses draped over
machine, oil reservoir removed). Record the number as Weight C.
Reinstall oil reservoir if it had been removed in the recovery
procedure.
3. Start timer. Connect service hoses to system of test vehicle and
perform recovery per the equipment manufacturer's instructions. The
vehicle system service valves' cores must remain in the fittings for
this procedure.
4. When recovery is completed, including from service hoses if that
is part of the recommended procedure, disconnect hoses and drape over
machine. Stop timer. The elapsed time shall be 30.0 minutes or less. If
it is in excess of this time, the machine fails the test and no retest
is allowed. The manufacturer must document changes made to the machine
to improve its performance before a new test is allowed, and furnish
them to the laboratory.
5. If the recovery is completed in no more than the 30.0 minutes,
measure the oil level in the reservoir, remove the reservoir and then
determine the amount of refrigerant recovered, as detailed in Nos. 6 and
7: As measured by the machine and also by noting the weight of the
platform scale, which shall be recorded as Weight D.
6. The platform scale shall indicate that a minimum of 95% of the
amount charged into the system has been recovered. If the platform scale
indicates a lower percentage has been recovered, the machine fails the
recovery test.
7. The machine display shall indicate that a minimum of 95.0% of the
amount charged into the system has been recovered, within a tolerance of
30 g (1 oz) when compared with the platform scale
(Weight D minus Weight C). The 30 g (1 oz) tolerance may produce a
machine display reading that is below the 95.0% recovery. If a greater
difference between machine and platform scale occurs, the machine fails
the recovery test.
[[Page 101]]
10.5 Recovery Test Fixture Test Option
If an equipment manufacturer chooses, as an alternative to the
actual vehicle, it may certify to SAE J2788 with a laboratory fixture
that is composed entirely of all the original equipment parts of a
single model year for the 3.0 lb capacity front/rear A/C system in the
2005-07 Chevrolet Suburban. All parts must be those OE-specified for one
model year system and no parts may be eliminated or bypassed from the
chosen system, or reproduced by a non-OE source. No parts may be added
and/or relocated from the OE position in the 2005-07 Suburban. No parts
may be modified in any way that could affect system performance for
testing under this standard, except adding refrigerant line bends and/or
loops to make the system more compact. Reducing the total length of the
lines, however, is not permitted. The fixture system shall be powered by
an electric motor, run at a speed not to exceed 2000 rpm, and for this
test option, no system warm-up or equivalent procedure may be used. The
certifying laboratory shall maintain records of all parts purchased,
including invoices and payments. The assembly of the parts shall, as an
outside-the-vehicle package, duplicate the OE system and its routing,
including bends, except for permitted additions of bends and/or loops in
refrigerant lines. Aside from the absence of engine operation and the
limitations posed by the standard and the use of the electric motor, the
test shall otherwise be the same as the test on the Suburban, including
test temperature.
[72 FR 63495, Nov. 9, 2007]
Sec. Appendix D to Subpart B of Part 82--SAE J2810 Standard for Recovery
Only Equipment for HFC-134a Refrigerant
Foreword
This Appendix establishes the specific minimum equipment
requirements for the recovery of HFC-134a that has been directly removed
from, motor vehicle air-conditioning systems.
1. Scope
The purpose of this SAE Standard is to provide minimum performance
and operating feature requirements for the recovery of HFC-134a (R-134a)
refrigerant to be returned to a refrigerant reclamation facility that
will process it to the appropriate ARI 700 Standard or allow for
recycling of the recovered refrigerant to SAE J2788 specifications by
using SAE J2788-certified equipment. It is not acceptable that the
refrigerant removed from a mobile air-conditioning (A/C) system with
this equipment be directly returned to a mobile A/C system.
This information applies to equipment used to service automobiles,
light trucks, and other vehicles with similar HFC-134a (R-134a) A/C
systems.
1.1 Improved refrigerant recovery equipment is required to ensure
adequate refrigerant recovery to reduce emissions and provide for
accurate recharging of mobile air conditioning systems. Therefore, 12
months following the publication date of this standard, it supersedes
SAE J1732.
2. References
2.1 Applicable Publications
The following publications form a part of the specification to the
extent specified herein. Unless otherwise indicated, the latest revision
of SAE publications shall apply.
2.1.1 SAE Publications
Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-
0001, Tel: 877-606-7323 (inside USA and Canada) or 724-776-4970 (outside
USA), http://www.sae.org.
SAE J639 Safety Standards for Motor Vehicle Refrigerant Vapor
Compressions Systems.
SAE J1739 Potential Failure Mode and Effects Analysis in Design
(Design FMEA) and Potential Failure Mode and Effects Analysis in
Manufacturing and Assembly Processes (Process FMEA) and Effects Analysis
for Machinery (Machinery FMEA).
SAE J1771 Criteria for Refrigerant Identification Equipment for Use
with Mobile Air-Conditioning Systems.
SAE J2196 Service Hose for Automotive Air Conditioning.
SAE J2296 Retest of Refrigerant Container.
SAE J2788 HFC-134a (R-134a) Recovery/Recycling Equipment and
Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems.
2.1.2 ARI Publication
Available from Air-Conditioning and Refrigeration Institute, 4100
North Fairfax Drive, Suite 200, Arlington, VA 22203, Tel: 703-524-8800,
http://www.ari.org.
ARI 700 Specifications for Fluorocarbon Refrigerants.
2.1.3 CGA Publication
Available from Compressed Gas Association, 4221 Walney Road, 5th
Floor, Chantilly, VA 20151-2923, Tel: 703-788-2700, http://
www.cganet.com.
CGA S-1.1 Pressure Relief Device Standard Part 1--Cylinders for
Compressed Gases.
2.1.4 DOT Specification
Available from the Superintendent of Documents, U.S. Government
Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320.
[[Page 102]]
CFR 49, Section 173.304 Shippers--General Requirements for
Shipments and Packagings.
2.1.5 UL Publication
Available from Underwriters Laboratories Inc., 333 Pfingsten Road,
Northbrook, IL 60062-2096, Tel: 847-272-8800, http://www.ul.com.
UL 1769 Cylinder Valves.
3. Specifications and General Description
3.1 The equipment must be able to recover (extract) HFC-134a (R-
134a) refrigerant from a mobile A/C system per the test procedure of
sections 7 and 8.
3.2 The equipment shall be suitable for use in an automotive
service garage environment as defined in 6.8.
3.3 Equipment Certification
The equipment shall be certified by an EPA-listed laboratory to meet
this standard. SAE J2810.
3.4 Label Requirements
The equipment shall have a label with bold type, minimum 3 mm high,
saying ``Design Certified by (certifying agent, EPA listed laboratory)
to meet SAE J2810 for use only with HFC-134a (R-134a). If it is to be
re-used in an A/C system, the refrigerant recovered with this equipment
must be processed to the appropriate ARI 700 specifications or to
specifications by using equipment certified to perform to SAE J2788.''
3.5 SAE J1739
Potential Failure Mode and Effects Analysis in Design (Design FMEA),
Potential Failure Mode and Effects Analysis in Manufacturing and
Assembly Processes (Process FMEA), and Potential Failure Mode and
Effects Analysis for Machinery (Machinery FMEA) shall be applied to the
design and development of service equipment.
4. Safety Requirements
4.1 The equipment must comply with applicable federal, state, and
local requirements on equipment related to the handling of HFC-134a (R-
134a) material. Safety precautions or notices, labels, related to the
safe operation of the equipment shall also be prominently displayed on
the equipment and should state ``CAUTION--SHOULD BE OPERATED ONLY BY
CERTIFIED PERSONNEL.'' The safety identification shall be located on the
front near the controls.
4.2 The equipment must comply with applicable safety standards for
the electrical and mechanical systems.
5. Operating Instructions
5.1 The equipment manufacturer must provide operating instructions
that include information required by SAE J639, necessary maintenance
procedures, and source information for replacement parts and repair.
5.1.1 The instruction manual shall include the following
information on the lubricant removed. Only new lubricant, as identified
by the system manufacturer, should be replaced in the mobile A/C system.
Removed lubricant from the system and/or the equipment shall be disposed
of in accordance with the applicable federal, state, and local
procedures and regulations.
5.2 The equipment must prominently display the manufacturer's name,
address, the type of refrigerant it is designed to extract (R-134a), a
service telephone number, and any items that require maintenance or
replacement that affect the proper operation of the equipment. Operation
manuals must cover information for complete maintenance of the equipment
to assure proper operation.
5.3 The equipment manufacturer shall provide a warning in the
instruction manual regarding the possibility of refrigerant
contamination from hydrocarbons, leak sealants and refrigerants other
than R-134a in the mobile A/C system being serviced.
5.4 Recovery equipment having refrigerant identification equipment
shall meet the requirements of SAE J1771.
5.5 Recovery equipment not having refrigerant identification
capability shall have instructions warning the technician that failure
to verify that the system contains only R-134a potentially exposes him
or her to danger from flammable refrigerants and health hazards from
toxic refrigerants. The instructions also shall alert to possible
contamination problems to the recovery equipment from sealants and
refrigerants other than R-134a, and to the fact that a refrigerant other
than R-134a would require special handling by someone with specific
expertise and equipment.
6. Function Description
6.1 The equipment must be capable of continuous operation in
ambient temperatures of 10 [deg]C (50 [deg]F) to 49 [deg]C (120 [deg]F).
Continuous is defined as completing recovery operation with no more than
a brief reset between servicing vehicles, and shall not include time
delays for allowing a system to outgas (which shall be part of the
recovery period provided by this standard).
6.1.1 The equipment shall demonstrate ability to recovery a minimum
of 95.0% of the refrigerant from the test vehicle in 30.0 minutes or
less, without prior engine operation (for previous eight hours minimum),
external heating or use of any device (such as shields, reflectors,
special lights, etc.), which could heat components of the system.
[[Page 103]]
The recovery procedure shall be based on a test at 21 [deg]C to 24
[deg]C (70 [deg]F to 75 [deg]F) ambient temperature. The test system for
qualifying shall be a 1.4 kg (3.0 lbs) capacity orifice tube/accumulator
system in a 2005-07 Chevrolet Suburban with front and rear A/C or the
test option described in section 9.
6.1.2 The equipment shall demonstrate ability to recover a minimum
of 85% of the refrigerant from the test vehicle or system of 6.1.1. in
30.0 minutes or less, at an ambient temperature of 10 [deg]C to 13
[deg]C (50 [deg]F to 55 [deg]F), subject to the same restrictions
regarding engine operation and external heating.
6.1.3 During recovery operation, the equipment shall provide
overfill protection so that the liquid fill of the storage container
does not exceed 80% of the tank's rated volume at 21 [deg]C (70 [deg]F).
This will ensure that the container meets Department of Transportation
(DOT) Standard, CFR Title 49, section 173.304 and the American Society
of Mechanical Engineers.
6.1.4 Portable refillable tanks or containers used in conjunction
with this equipment must be labeled ``HFC-134a (R-134a) and meet
applicable Department of Transportation (DOT) or Underwriters
Laboratories (UL) Standards, and incorporate fittings per SAE J2197.
6.1.5 The cylinder valves shall comply with the standard for
cylinder valves UL 1769.
6.1.6 The pressure relief device shall comply with the Pressure
Relief Device Standard Part 1--Cylinders for Compressed Gasses CGA
Pamphlet S-1.1.
6.1.7 The tank assembly shall be marked to indicate the first
retest date, which shall be five years from the date of manufacture. The
marking shall indicate that retest must be performed every subsequent
five years. SAE J2296 provides an inspection procedure. The marking
shall be in letters at least 6 mm (0.25 in) high. If ASME tanks, as
defined in UL-1963, are used, they are exempt from the retest
requirements.
6.2 If the marketer permits use of a refillable refrigerant tank, a
method must be provided (including any necessary fittings) for transfer
to a system that ensures proper handling (recycling or other,
environmentally-legal disposal).
Restricting the equipment to use of non-refillable tanks eliminates
compliance with this provision.
6.3 Prior to testing under this standard, the equipment must be
preconditioned with a minimum of 13.6 kg of the standard contaminated
HFC-134a (R-134a) at an ambient of 21 [deg]C before starting the test
cycle. Sample amounts are not to exceed 1.13 kg with sample amounts to
be repeated every 5 min. The test fixture shown in Figure 1 shall be
operated at 21 [deg]C. Contaminated HFC-134a (R-134a) samples shall be
processed at ambient temperatures of 10 [deg]C and 49 [deg]C (50 [deg]F
to 120 [deg]F), without the equipment shutting down due to any safety
devices employed in this equipment.
6.3.1 Contaminated HFC-134a (R-134a) sample shall be standard
contaminated HFC-134a (R-134a) refrigerant, 13.6 kg sample size,
consisting of liquid HFC-134a (R-134a) with 1300 ppm (by weight)
moisture at 21 [deg]C (70 [deg]F) and 45 000 ppm (by weight) of oil
(polyalkylene glycol oil with 46-160 cst viscosity at 40 [deg]C) and
1000 ppm by weight of noncondensable gases (air).
6.3.2 Portable refillable containers used in conjunction with this
equipment must meet applicable DOT Standards. The color of the container
must be blue with a yellow top to indicate the container holds used HFC-
134a (R-134a) refrigerant. The container must be permanently marked on
the outside surface in black print at least 20 mm high, ``CONTAMINATED
HFC-134a (R-134a)--DO NOT USE, MUST BE REPROCESSED.''
Figure 1--Test Fixture
6.3.3 The portable refillable container shall have a \1/2\ in ACME
thread.
6.4 Additional Storage Tank Requirements.
6.4.1 The cylinder valve shall comply with UL 1769.
6.4.2 The pressure relief device shall comply with CGA Pamphlet S-
1.1.
6.5 All flexible hoses must meet SAE J2196 for service hoses.
6.6 Service hoses must have shutoff devices located at the
connection points to the system being serviced to minimize introduction
of noncondensable gases into the recovery equipment during connection
and the release of the refrigerant during disconnection.
6.7 The equipment must be able to separate the lubricant from
recovered refrigerant and accurately indicate the amount removed from
the simulated automotive system during processing in 20 mL (0.7 fl oz)
units.
6.7.1 The purpose of indicating the amount of lubricant removed is
to ensure that a proper amount of new lubricant is returned to the
mobile A/C system for compressor lubrication, if the system is to be
charged with equipment meeting SAE J2788.
6.7.2 Refrigerant dissolved in this lubricant must be accounted for
to prevent lubricant overcharge of the mobile A/C system.
6.8 The equipment must be capable of continuous operation in
ambient temperatures of 10 [deg]C to 49 [deg]C (50 [deg]F to120 [deg]F)
and comply with 6.1 to 6.4 of this standard.
6.9 For test validation, the equipment is to be operated according
to the manufacturer's instructions.
7. Test Procedure A at 21 [deg]C to 24 [deg]C (70 [deg]F to 75
[deg]F).
The test vehicle (2005-2007 Chevrolet Suburban with rear A/C
system--1.4 kg/ 3.0 lb) or laboratory fixture per section 10.5 of SAE
[[Page 104]]
J2788, shall be prepared as for SAE J2788, section 10.3, following Steps
1, 2, 3, 4, and then the following:
7.1 Using a machine certified to SAE J2788 and with the machine on
a platform scale with accuracy to within plus/minus 3.0 grams at the
weight of the machine, charge the system to the vehicle manufacturer's
recommended amount of refrigerant (1.4 kg-3.0 lb). The actual charge
amount per the reading on the platform scale shall be used as the basis
for the recovery efficiency of the recovery-only machine being tested to
this standard. Run the engine (or operate test fixture with electric
motor) for up to 15 minutes at up to 2000 rpm to circulate oil and
refrigerant. The system then must rest for eight hours.
7.2 Place the recovery machine on the platform scale and record the
weight with the hoses draped over the machine. Ambient temperature shall
be within the range of 21 [deg]C to 24 [deg]C (70 [deg]F to 75 [deg]F)
for this test, which shall be performed without the immediately prior
engine operation permitted by SAE J2788, Section 10.3, Step No.1. The
only permitted engine operation is as specified in 7.1.
7.3 Start the timer. Connect the service hoses to the system of the
test vehicle and perform the recovery per the equipment manufacturer's
instructions. The vehicle system's service valve cores must remain in
the fittings for this procedure.
7.4 When recovery is completed, including from the service hoses if
that is part of the recommended procedure, disconnect the hoses and
drape over the machine. Stop the timer. The elapsed time shall be no
more than 30 minutes.
7.5 Remove the oil reservoir, empty and reinstall. The platform
scale shall indicate that a minimum of 95.0% of the refrigerant has been
recovered, based on the charge amount indicated by the platform scale.
If the machine has recovered the minimum of 95.0% within the 30.0
minutes, the next test shall be performed. If it fails this test, the
marketer of the equipment must document changes to the equipment to
upgrade performance before a retest is allowed. If it passes, the
laboratory can proceed to Test Procedure B-10 [deg]C to 13 [deg]C (50
[deg]F to 55 [deg]F).
8. Test Procedure B at 10 [deg]C to 13 [deg]C (50 [deg]F to 55
[deg]F).
The test vehicle (2005-2007 Chevrolet Suburban front/rear A/C system
(1.4 kg/3.0 lb) or test fixture per section 10.5 of SAE J2788, shall be
prepared as per 7.0 and 7.1 of this standard, and then the following:
8.1 Place the recovery machine on the platform scale and record the
weight with the hoses draped over the machine.
Ambient temperature at this time shall be no higher than 10 [deg]C
to13 [deg]C (50 [deg]F to 55 [deg]F).
8.2 Start the timer. Connect the service hoses to the system of the
test vehicle and perform the recovery per the equipment manufacturer's
instructions. This also shall be performed without the immediately prior
engine operation permitted by SAE J2788, section 10.4, Step No. 1. The
vehicle system's service valve cores must remain in the fittings for
this procedure.
8.3 When recovery is completed, including from the service hoses if
that is part of the recommended procedure, disconnect the hoses and
drape over the machine. Stop the timer. The elapsed time shall be no
more than 30 minutes.
8.4 Remove the oil reservoir, empty and reinstall. The platform
scale shall indicate that a minimum of 85.0% of the refrigerant has been
recovered, based on the charge amount indicated by the platform scale.
If the machine has recovered the minimum of 85.0% within the 30 minutes,
it has passed the test procedure and if it meets all other requirements
of this standard, it is certified.
9. Test Option
As in SAE J2788, Section 10.5, as an alternative to a 2005-2007
Chevrolet Suburban with rear A/C (1.4 kg-3.0 lb) system, a laboratory
test fixture may be used to certify to SAE J2810 the fixture must be
composed entirely of all the original equipment parts of a single model
year for the 1.4 kg (3.0 lb) capacity system. All parts must be those
OE-specified for one model year system and no parts may be eliminated or
bypassed from the chosen system or reproduced from a non-OE source. No
parts may be added and/or relocated from the OE position in the 2005-07
Suburban. No parts may be modified in any way that could affect system
performance for testing under this standard, except adding refrigerant
line bends and/or loops to make the system more compact. Reducing the
total length of the lines, however, is not permitted.
The fixture systems for this standard shall not be powered by an
electric motor during recovery, although a motor can be used, run at a
speed not to exceed 2000 rpm, as part of the preparatory process,
including installation of the charge.
[73 FR 34647, June 18, 2008]
Sec. Appendix E to Subpart B of Part 82--The Standard for Automotive
Refrigerant Recycling Equipment Intended for Use With Both CFC-12 and
HFC-134a
SAE J2211, Recommended Service Procedure for the Containment of HFC-
134a, as set forth under Appendix C of this subpart, and SAE J1989,
Recommended Service Procedure for the Containment of CFC-12, as set
forth under Appendix A of this subpart, also apply to this Appendix E of
this subpart.
SAE J1770, issued December, 1995.
[[Page 105]]
Automotive Refrigerant Recycle Equipment Intended for Use With Both CFC-
12 and HFC-134a
Foreword
The purpose of this standard is to establish specific minimum
equipment requirements for automotive refrigerant recycling equipment
intended for use with both CFC-12 and HFC-134a in a common refrigerant
circuit. Establishing such specifications will assure that this
equipment does not cross contaminate refrigerant above specified limits
when used under normal operating conditions.
1. Scope
The purpose of this standard is to establish the specific minimum
equipment intended for use with both CFC-12 and HFC-134a in a common
refrigerant circuit that has been directly removed from, and is intended
for reuse in, mobile air-conditioning (A/C) systems. This standard does
not apply to equipment used for CFC-12 and HFC-134a having a common
enclosure with separate circuits for each refrigerant.
2. References
2.1 Applicable Documents--The following publications form a part of
this specification to the extent specified. The latest issue of SAE
publications shall apply.
2.1.1 SAE Publications--Available from SAE, 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
SAE J2099--Standard of Purity for Recycled HFC-134a for Use in Mobile
Air-Conditioning Systems
SAE 1991--Standard of Purity for Use in Mobile Air-Conditioning Systems
SAE J2196--Service Hoses for Automotive Air-Conditioning
SAE J2197--Service Hose Fittings for Automotive Air-Conditioning
SAE J2210--HFC-134a (R-134a) Recycling Equipment for Mobile A/C Systems
SAE J1990--Extraction and Recycling Equipment for Mobile A/C Systems
2.1.2 Compressed Gas Association (CGA) Publications--Available from
CGA, 1235 Jefferson Davis Highway, Arlington, VA 22202.
CGA Pamphlet S-1.1--Pressure Relief Device Standard
Part 1--Cylinders for Compressed Gases
2.1.3 DOT Publications--Available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. 20402
2.1.4 UL Publications--Available from Underwriters Laboratories,
333 Pfingsten Road, Northbrook, IL 60062-2096.
UL 1769--Cylinder Valves
UL 1963--Refrigerant Recovery/Recycling Equipment
3. Specification and General Description
3.1 The equipment shall be suitable for use in an automotive
service garage environment and be capable of continuous operation in
ambients from 10 to 49 [deg]C.
3.2 The equipment must be certified that it meets this
specification by Underwriters Laboratories Inc. (UL), or by an
equivalent Nationally Recognized Testing Laboratory (NRTL).
3.3 The equipment shall have a label which states ``Design
Certified by (Certifying Agent) to meet SAE J1770 for recycling CFC-12
and HFC-134a using common refrigerant circuits'', in bold-type letters a
minimum of 3 mm in height.
4. Equipment Requirements
4.1 General
4.1.1 The equipment shall be capable of preventing cross
contamination to the level required by Section 9.2.1.G before an
operation involving a different refrigerant can begin. The equipment
must prevent initiation of the recovery operation if the equipment is
not set up properly.
4.1.2 If an operator action is required to clear the unit prior to
reconnecting for a different refrigerant, the equipment shall be
provided with a means which indicates which refrigerant was last
processed.
4.1.3 Means shall be provided to prevent recovery from both an CFC-
12 and HFC-134a mobile air conditioning system concurrently.
4.1.4 Transfer of recycled refrigerant--Recycled refrigerant for
recharging and transfer shall be taken from the liquid phase only.
4.2 Seat Leakage Test
4.2.1 Valves, including electrically operated solenoid valves, that
are used to isolate CFC-12 and HFC-134a refrigerant circuits, shall have
a seat leakage rate not exceeding 15 g/yr (\1/2\ oz/yr) before and after
100,000 cycles of operation. This Endurance Test shall be conducted with
HFC-134a at maximum operating pressure as determined by sections 8.1 and
8.2. The Seat Leakage Test shall be performed at 1.5 times this pressure
at an ambient of 24 [deg]C.
4.3 Interlocks
4.3.1 Electrical interlock devices used to prevent cross
contamination of refrigerant shall be operated for 100,000 cycles and
there shall be no failure that would permit cross contamination of
refrigerant. Solid state inter lock devices shall comply with the
Transient Overvoltage Test and the Fast Transient (Electric Noise) Test
contained in the Standard for Tests for Safety Related Controls
Employing Solid-State Devices, UL 991.
4.4 Noncondensable Gases
4.4.1 The equipment shall either automatically purge
noncondensables (NCGs) if
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the acceptable level is exceeded or incorporate a device that indicates
to the operator the NCG level has been exceeded. A pressure gauge used
to indicate an NCG level shall be readable in 1 psig increments. NCG
removal must be part of the normal operation of the equipment and
instructions must be provided to enable the task to be accomplished
within 30 minutes.
4.4.2 Refrigerant loss from noncondensable gas purging, oil
removal, and refrigerant clearing shall not exceed more than 5 percent
by weight of the total amount of refrigerant through the equipment as
detailed in Sections 8.1, 8.2, and 9.2.
4.5 Filter
4.5.1 A 15 micron filter, or other equivalent means, to remove
particulates of 15 micrometers spherical diameter or greater shall be
located before any manual electrically operated valves that may cause
cross contamination.
4.6 Moisture and Acid
4.6.1 The equipment shall incorporate a desiccant package that must
be replaced before saturated with moisture, and whose acid capacity is
at least 5% by weight of the dry desiccant.
4.6.2 The equipment shall be provided with a moisture detection
means that will reliably indicate when moisture in the HFC-134a exceeds
50 ppm, or in the CFC-12 exceeds 15 ppm, and requires the filter/drier
replacement.
5. Operating Instructions
5.1 The equipment manufacturer must provide operating instructions,
including proper attainment of vehicle system vacuum (i.e., when to stop
the extraction process, and also to stop the extraction process if it is
noticed that the A/C system being serviced has a leak), filter/desiccant
replacement, and purging of noncondensable gases (air). The instructions
shall indicate that the correct sequence of operation be followed so
that the equipment can properly remove contaminates to the acceptable
level. Also to be included are any other necessary maintenance
procedures, source information for replacement parts and repair, and
safety precautions.
5.2 The equipment must prominently display the manufacturer's name,
address, the type of refrigerant (CFC-12 and HFC-134a), a service
telephone number, and the part number for the replacement filter/drier.
Operation manuals must cover information for complete maintenance of the
equipment to assure proper operation.
6. Safety Requirements
6.1 The equipment must comply with applicable federal, state, and
local requirements on equipment related to handling CFC-12 and HFC-134a
material. Safety precautions or notices related to the safe operation of
the equipment shall be prominently displayed on the equipment and should
also state ``CAUTION--SHOULD BE OPERATED BY QUALIFIED PERSONNEL''.
6.2 HFC-134a has been shown to be nonflammable at ambient
temperature and atmospheric pressure. The following statement shall be
in the operating manual: ``Caution: HFC-134a service equipment or
vehicle A/C systems should not be pressure tested or leak tested with
compressed air. Some mixtures of air and HFC-134a have been shown to be
combustible at elevated pressures (when contained in a pipe or tank).
These mixtures may be potentially dangerous, causing injury or property
damage. Additional health and safety information may be obtained from
refrigerant and lubricant manufacturers.''
7. Functional Description
7.1 General
7.1.1 The equipment must be capable of ensuring recovery of the
CFC-12 and HFC-134a from the system being serviced, by reducing the
system to a minimum of 102 mm of mercury below atmospheric pressure
(i.e., vacuum).
7.1.2 The equipment must be compatible with leak detection material
that may be present in the mobile A/C system.
7.2 Shut Off Device
7.2.1 To prevent overcharge, the equipment must be equipped to
protect the tank used to store the recycled refrigerant with a shutoff
device and a mechanical pressure relief valve.
7.3 Storage Tanks
7.3.1 Portable refillable tanks or containers shall be supplied
with this equipment and must be labeled ``HFC-134a'' or ``CFC-12'' as
appropriate, meet applicable Department of Transportation (DOT) or
NRTL's Standards and be adaptable to existing refrigerant service and
charging equipment.
7.3.2 The cylinder valve shall comply with the Standard for
Cylinder Valves, UL 1769.
7.3.3 The pressure relief device shall comply with the Pressure
Relief Device Standard Part 1--Cylinders for Compressed Gases, CGA
Pamphlet S-1.1.
7.3.4 The tank assembly shall be marked to indicate the first
retest date, which shall be 5 years after the date of manufacture. The
marking shall indicate that retest must be performed every subsequent 5
years. The marking shall be in letters at least 6 mm high.
7.4 Overfill Protection
7.4.1 During operation, the equipment must provide overfill
protection to assure that during filling or transfer, the tank or
storage container cannot exceed 80% of volume at 21.1 [deg]C of its
maximum rating as defined by DOT standards, 49 CFR 173.304 and American
Society of Mechanical Engineers.
[[Page 107]]
7.5 Hoses and Connections
7.5.1 Separate inlet and outlet hoses with fittings and separate
connections shall be provided for each refrigerant circuit.
7.5.2 All flexible hoses and fittings must meet SAE J2196 (for CFC-
12) and SAE J2197 (for HFC-134a).
7.5.3 Service hoses must have shutoff devices located within 30 cm
of the connection point to the system being serviced.
7.6 Lubricant Separation
7.6.1 The equipment must be able to separate the lubricant from the
removed refrigerant and accurately indicate the amount of lubricant
removed during the process, in 30 mL (1 fl oz) units. Refrigerant
dissolves in lubricant and, as a result, increases the volume of the
recovered lubricant sample. This creates the illusion that more
lubricant has been recovered that actually has been. The equipment
lubricant measuring system must take into account such dissolved
refrigerant removed from the A/C system being serviced to prevent
overcharging the vehicle system with lubricant.
(Note: Use only new lubricant to replace the amount removed the
recycling process. Used lubricant should be discarded per applicable
federal, state and local requirements.)
7.6.2 The equipment must be provided with some means, such as a
lockout device, which will prevent initiation of the recovery operation
after switching to the other refrigerant, if the lubricant has not been
drained from the oil separator.
8. Testing
8.0 Equipment shall be tested in sequence as noted in sections 8.1,
8.2 and 9.2. The filter/drier may be replaced only as noted by section
4.6.2.
8.1 CFC-12 Recycling Cycle
8.1.1 The maximum operating pressure of the equipment shall be
determined when recycling CFC-12 while conducting the following tests.
This pressure is needed for the Seat Leakage Test, Section 4.2.
8.1.2 The equipment must be preconditioned with 13.6 kg of the
standard contaminated CFC-12 (see section 8.1.2a) at an ambient of 21
[deg]C before starting the test cycle. Sample amounts shall be 1.13 kg
with sample amounts to be repeated every 5 minutes. The sample method
fixture, defined in Figure 1 to Appendix A, shall be operated at 21
[deg]C.
8.1.2a Standard contaminated CFC-12 refrigerant shall consist of
liquid CFC-12 with 100 ppm (by weight) moisture at 21 [deg]C and 45,000
ppm (by weight) mineral oil 525 suspension viscosity nominal and 770 ppm
by weight of noncondensable gases (air).
8.1.3 The high moisture contaminated sample shall consist of CFC-12
vapor with 1000 ppm (by weight) moisture.
8.1.4 The high oil contaminated sample shall consist of CFC-12 with
200,000 ppm (by weight) mineral oil 525 suspension viscosity nominal.
8.1.5 After preconditioning as stated in section 8.1.2, the test
cycle is started, processing the following contaminated samples through
the equipment.
A. 13.6 kg (1.13 kg per batch) of standard contaminated CFC-12.
B. 1 kg of high oil contaminated CFC-12.
C. 4.5 kg (1.13 kg per batch) of standard contaminated CFC-12.
D. 1 kg of high moisture contaminated CFC-12.
8.1.6 The CFC-12 is to be cleaned to the minimum purity level, as
defined in SAE J1991, with the equipment operating in a stable ambient
of 10, 21, and 49 [deg]C and processing the samples as defined in
section 8.1.5.
8.2 HFC-134a Recycling Cycle
8.2.1 The maximum operating pressure of the equipment shall be
determined when recycling HFC-134a while conducting the following tests.
This pressure is needed for the Seat Leakage Test, Section 4.2.
8.2.2 The equipment must be preconditioned by processing 13.6 kg of
the standard contaminated HFC-134a (see section 8.2.2a) at an ambient of
21 [deg]C before starting the test cycle. 1.13 kg samples are to be
processed at 5 minute intervals. The text fixture shown in Figure 1 to
Appendix A shall be operated at 21 [deg]C.
8.2.2a The standard contaminated refrigerant shall consist of
liquid HFC-134a with 1300 ppm (by weight) moisture (equivalent to
saturation at 38[deg][100 [deg]F]), 45,000 ppm (by weight) HFC-134a
compatible lubricant, and 1000 ppm (by weight) of noncondensable gases
(air).
8.2.2b The HFC-134a compatible lubricant referred to in section
8.2.2a shall be a polyalkylene glycol based synthetic lubricant or
equivalent, which shall contain no more than 1000 ppm by weight of
moisture.
8.2.3 Following the preconditioning procedure per section 8.2.2,
18.2 kg of standard contaminated HFC-134a are to be processed by the
equipment at each stable ambient temperature of 10, 21, and 49 [deg]C.
8.2.4 The HFC-134a is to be cleaned to the purity level, as defined
in SAE J2099.
9. Refrigerant Cross Contamination Test
9.1 General
9.1.1 For test validation, the equipment is to be operated
according to the manufacturer's instruction.
9.1.2 The equipment shall clean the contaminated CFC-12 refrigerant
to the minimum purity level as defined in Appendix A, when tested in
accordance with the requirements in section 8.1.
9.1.3 The equipment shall clean the contaminated HFC-134a
refrigerant to the purity
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level defined in Appendix C, when tested in accordance with the
requirements in section 8.2.
9.2 Test Cycle
9.2.1 The following method shall be used after the tests and
requirements in Sections 8.1 and 8.2, respectively, are completed.
Following the manufacturer's instructions, the equipment shall be
cleared of HFC-134a, prior to beginning step A. The only refrigerant
used for this is noted in steps A, C, and E of section 9.2.1. The test
fixture shown in Figure 1 to Appendix A shall be used and the test shall
be conducted at 10, 21, and 49 [deg]C ambients.
A. A 1.13 kg standard contaminated sample of CFC-12 (see section
8.1.2a) shall be processed by the equipment.
B. Follow manufacturer's instructions to clear the equipment of CFC-
12 before processing HFC-134a.
C. Process a 1.13 kg, standard contaminated sample of HFC-134a (see
section 8.2.2a) through the equipment.
D. Follow manufacturer's instructions to clear the equipment of HFC-
134a before processing CFC-12.
E. Process a 1.13 kg standard contaminated sample of CFC-12 (see
section 8.1.2a) through the equipment.
F. Follow manufacturer's instructions to clear the equipment of CFC-
12.
G. The amount of cross contaminated refrigerant, as determined by
gas chromatography, in samples processed during steps C and E of section
9.2.1., shall not exceed 0.5 percent by weight.
10. Sample Analysis
10.1 General
10.1.1 The processed contaminated samples shall be analyzed
according to the following procedure.
10.2 Quantitative Determination of Moisture
10.2.1 The recycled liquid phase sample of refrigerant shall be
analyzed for moisture content via Karl Fischer coulometer titration or
an equivalent method. The Karl Fischer apparatus is an instrument for
precise determination of small amounts of water dissolved in liquid and/
or gas samples.
10.2.2 In conducting the test, a weighed sample of 30 to 130 g is
vaporized directly into the Karl Fischer anolyte. A coulometer titration
is conducted and the results are calculated and displayed as parts per
million moisture (weight).
10.3 Determination of Percent Lubricant
10.3.1 The amount of lubricant in the recycled sample of
refrigerant/lubricant is to be determined by gravimetric analysis.
10.3.2 Following venting of noncondensable, in accordance with the
manufacturer's operating instructions, the refrigerant container shall
be shaken for 5 minutes prior to extracting samples for test.
10.3.3 A weighed sample of 175 to 225 g of liquid refrigerant/
lubricant is allowed to evaporate at room temperature. The percent
lubricant is to be calculated from the weight of the original sample and
the residue remaining after the evaporation.
10.4 Noncondensable Gas
10.4.1 The amount of noncondensable gas is to be determined by gas
chromatography. A sample of vaporized refrigerant liquid shall be
separated and analyzed by gas chromatography. A Propak Q column at 130
[deg]C and a hot wire detector may be used for analysis.
10.4.2 This test shall be conducted on liquid phase samples of
recycled refrigerant taken from a full container as defined in 7.4
within 30 minutes following the proper venting of noncondensable gases.
10.4.3 The samples shall be shaken for at least 15 minutes prior to
testing while at a temperature of 24 [deg]C 2.8
[deg]C.
10.5 Refrigerant Cross Contamination
10.5.1 The amount of cross contamination of CFC-12 in HFC-134a or
HFC-134a in CFC-12 shall not exceed 0.5 percent by weight as determined
by gas chromatography. A sample of vaporized refrigerant liquid shall be
separated and analyzed by gas chromatography. A 1% SP-1000 on Carbopack
B (60/80 mesh) column may be used for the analysis.
[62 FR 68053, Dec. 30, 1997]
Sec. Appendix F to Subpart B of Part 82--Standard for Recover-Only
Equipment That Extracts a Single, Specific Refrigerant Other Than CFC-
12, HFC-134a, or R-1234yf
Foreword
These specifications are for equipment that recovers, but does not
recycle, any single, specific automotive refrigerant other than CFC-12,
HFC-134a, or HFO-1234yf, including a blend refrigerant.
1. Scope
The purpose of this standard is to provide equipment specifications
for the recovery of any single, specific refrigerant other than CFC-12,
HFC-134a, or HFO-1234yf, including a blend refrigerant, which is either
(1) to be returned to a refrigerant reclamation facility that will
process the refrigerant to ARI Standard 700-93 or equivalent new product
specifications at a minimum, or (2) to be recycled in approved
refrigerant recycling equipment, or (3) to be destroyed. This standard
applies to equipment used to service automobiles, light trucks, and
other vehicles with similar air conditioning systems.
2. References
2.1 Applicable Documents--The following publications form a part of
this specification
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to the extent specified. The latest issue of SAE publications shall
apply.
2.1.1 SAE Publications--Available from SAE, 400 Commonwealth Drive,
Warrendale, PA 15096-0001. SAE J639--Vehicle Service Coupling. SAE
J2196--Service Hoses for Automotive Air-Conditioning (fittings modified)
2.1.2 ARI Publication--Available from Air Conditioning and
Refrigeration Institute, 1501 Wilson Boulevard, Sixth Floor, Arlington,
VA 22209. ARI 700-93--Specifications for Fluorocarbon Refrigerants.
2.1.3 Compressed Gas Association (CGA) Publications--Available from
CGA, 1235 Jefferson Davis Highway, Arlington, VA 22202. CGA Pamphlet S-
1.1--Pressure Relief Device Standard Part 1--Cylinders for Compressed
Gases.
2.1.4 DOT Publications--Available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. 20402.
DOT Standard, 49 CFR 173.304--Shippers--General Requirements for
Shipments and Packagings.
2.1.5 UL Publications--Available from Underwriters Laboratories, 333
Pfingsten Road, Northbrook, IL 60062-2096.
UL 1769--Cylinder Valves.
UL 1963--Refrigerant Recovery Recycling Equipment.
3. Specifications and General Description
3.1 The equipment must be able to extract from a mobile air
conditioning system the refrigerant other than CFC-12, HFC-134a, or HFO-
1234yf to which the equipment is dedicated. 3.2 The equipment shall be
suitable for use in an automotive service garage environment as defined
in section 6.8.
3.3 The equipment discharge or transfer fitting shall be unique to
prevent the unintentional use of the extracted refrigerant for
recharging auto air conditioners.
3.4 Equipment Certification-The equipment shall be certified by
Underwriters Laboratories or an--equivalent certifying laboratory to
meet this standard.
3.5 Label Requirements--The equipment shall have a label ``Designed
Certified by (Company Name) to meet EPA requirements for use only with
(the applicable refrigerant). The refrigerant from this equipment must
be processed to ARI 700-93 specifications or equivalent new product
specifications before reuse in a mobile air-conditioning system.'' The
minimum letter size shall be bold type 3 mm in height.
4. Safety Requirements
4.1 The equipment must comply with applicable federal, state, and
local requirements on equipment related to the handling of the
applicable refrigerant material. Safety precautions or notices or labels
related to the safe operation of the equipment shall also be prominently
displayed on the equipment and should state ``CAUTION--SHOULD BE
OPERATED BY CERTIFIED PERSONNEL.'' The safety identification shall be
located on the front near the controls.
4.2 The equipment must comply with applicable safety standards for
electrical and mechanical requirements.
5. Operating Instructions
5.1 The equipment manufacturer must provide operating instructions
that include information equivalent to that required by SAE J1629,
necessary maintenance procedures, and source information for replacement
parts and repair.
5.1.1 The instruction manual shall include the following
information on the lubricant removed: Only new lubricant, as identified
by the system manufacturer, should be replaced in the air conditioning
system. Removed lubricant from the system and/or the equipment shall be
disposed on in accordance with the applicable federal, state, and local
procedures and regulations.
5.2 The equipment must prominently display the manufacturer's name,
address, the type of refrigerant it is designed to extract, a service
telephone number, and any items that require maintenance or replacement
that affect the proper operation of the equipment. Operation manuals
must cover information for complete maintenance of the equipment to
assure proper operation.
6.1 Functional Description
6.1 The equipment must be capable of ensuring removal of
refrigerant from the system being serviced by reducing the system
pressure to a minimum of 102 mm (4 in) of mercury below atmospheric
pressure (i.e., to a vacuum). To prevent system delayed outgassing, the
unit must have a device that assures that the refrigerant has been
recovered from the air-conditioning system.
6.1.1 Testing laboratory certification of the equipment capability
is required which shall process contaminated refrigerant samples at
specific temperatures.
6.2 The equipment must be preconditioned by processing 13.6 kg (30
lb) of the standard contaminated refrigerant at an ambient of 21 [deg]C
(70 [deg]F) before starting the test cycle. Sample amounts are not to
exceed 1.13 kg (2.5 lb) with sample amounts to be processed at 5 min.
intervals. The test method fixture, depicted in Figure 1 to appendix A
of this subpart, shall be operated at 21 [deg]C (70 [deg]F).
Contaminated refrigerant samples shall be processed at ambient
temperatures of 10 and 49 [deg]C, without equipment shutting due to any
safety devices employed in this equipment.
6.2.1 Standard contaminated refrigerant, 13.6 kg (30 lb) sample
size, shall consist of
[[Page 110]]
liquid refrigerant with 1000 ppm (by weight) moisture at 21 [deg]C and
45,000 ppm (by weight) of oil (total of one-third mineral oil 525
suspension nominal, one-third PAG with 100 cSt viscosity at 40 [deg]C or
equivalent, and one-third POE with 68 cSt viscosity at 40 [deg]C or
equivalent) and 1000 ppm by weight of noncondensable gases (air).
Refrigerant shall be identified prior to the recovery process to 2% of the original manufacturer's formulation submitted
to, and accepted by, EPA under its Significant New Alternatives Policy
program, with the exception that any flammable components shall be
identified to 1%.
6.3 Portable refillable containers used in conjunction with this
equipment must meet applicable DOT Standards.
6.3.1 The container color must be gray with a yellow top to
identify that it contains used refrigerant. It must be permanently
marked on the outside surface in black print at least 20 mm high ``DIRTY
[NAME OF REFRIGERANT]--DO NOT USE, MUST BE PROCESSED''.
6.3.2 The portable refillable container shall have a unique thread
connection for the specific refrigerant.
6.3.3 During operation, the equipment shall provide overfill
protection to assure that the storage container liquid fill does not
exceed 80% of the tank's rated volume at 21 [deg]C per DOT Standard, 49
CFR 173.304, and the American Society of Mechanical Engineers.
6.4 Additional Storage Tank Requirements
6.4.1 The cylinder valve shall comply with UL 1769.
6.4.2 The pressure relief device shall comply with CGA Pamphlet S-
1.1.
6.4.3 The container assembly shall be marked to indicate the first
retest date, which shall be 5 years after date of manufacture. The
marking shall indicate that retest must be performed every subsequent 5
years. The marking shall be in letters at least 6 mm high.
6.5 All flexible hoses must meet SAE J2196 for service hoses except
that fittings shall be unique to the applicable refrigerant.
6.6 Service hoses must have shutoff devices located within 30 cm of
the connection point to the system being serviced to minimize
introduction of noncondensable gases into the recovery equipment during
connection and the release of the refrigerant during disconnection.
6.7 The equipment must be able to separate the lubricant from the
recovered refrigerant and accurately indicate the amount removed from
the simulated automotive system during processing in 30 mL units.
6.7.1 The purpose of indicating the amount of lubricant is to
ensure that a proper amount of new lubricant is returned to the mobile
air conditioning system for compressor lubrication.
6.7.2 Refrigerant dissolved in this lubricant must be accounted for
to prevent system lubricant overcharge of the mobile air-conditioning
system.
6.8 The equipment must be capable of continuous operation in
temperatures of 10 to 49 [deg]C and must comply with 6.1 and 6.2.
7. For test validation, the equipment is to be operated according to
the manufacturer's instructions.
Application
The purpose of this standard is to provide equipment specifications
for the recovery of any refrigerant other than CFC-12, HFC-134a, or HFO-
1234yf for return to a refrigerant reclamation facility that will
process it to AHRI Standard 700 (or for recycling in other EPA approved
recycling equipment, in the event that EPA in the future designates a
standard for equipment capable of recycling refrigerants other than CFC-
12, HFC-134a, or HFO-1234yf).
Reference Section
SAE J639--Vehicle Service Coupling
SAE J2196--Service Hoses for Automotive Air-Conditioning
ARI 700-93--Specifications for Fluorocarbon Refrigerants
CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--Cylinders
for Compressed Gases
UL 1769--Cylinder Valves
49 CFR 173.304--Shippers--General Requirements for Shipment and
Packagings
[62 FR 68055, Dec. 30, 1997, as amended at 86 FR 15596, Mar. 24, 2021]
Subpart C_Ban on Nonessential Products Containing Class I Substances and
Ban on Nonessential Products Containing or Manufactured With Class II
Substances
Source: 58 FR 69675, Dec. 30, 1993, unless otherwise noted.
Sec. 82.60 Purpose.
The purpose of this subpart is to implement the requirements of
sections 608 and 610 of the Clean Air Act as amended in 1990 on emission
reductions and nonessential products.
Sec. 82.62 Definitions.
For purposes of this subpart:
Chlorofluorocarbon means any substance listed as Class I group I or
Class
[[Page 111]]
I group III in 40 CFR part 82, appendix A to subpart A.
Class II Substance means any substance designated as class II in 40
CFR part 82, appendix B to subpart A.
Commercial, when used to describe the purchaser of a product, means
a person that uses the product in the purchaser's business or sells it
to another person and has one of the following identification numbers:
(1) A federal employer identification number;
(2) A state sales tax exemption number;
(3) A local business license number; or
(4) A government contract number.
Consumer, when used to describe a person taking action with regard
to a product, means the ultimate purchaser, recipient or user of a
product.
Distributor, when used to describe a person taking action with
regard to a product means:
(1) The seller of a product to a consumer or another distributor; or
(2) A person who sells or distributes that product in interstate
commerce for export from the United States.
Foam Insulation Product, when used to describe a product containing
or consisting of plastic foam, means a product containing or consisting
of the following types of foam:
(1) Closed cell rigid polyurethane foam;
(2) Closed cell rigid polystyrene boardstock foam;
(3) Closed cell rigid phenolic foam; and
(4) Closed cell rigid polyethylene foam when such foam is suitable
in shape, thickness and design to be used as a product that provides
thermal insulation around pipes used in heating, plumbing,
refrigeration, or industrial process systems.
Hydrochlorofluorocarbon means any substance listed as class II in 40
CFR part 82, appendix B to subpart A.
Initial Inventory means that the original product has completed all
of its manufacturing processes and is ready for sale by the
manufacturer. Products in initial inventory may be subsequently
incorporated into another product by a different manufacturer after
purchase. To continue selling products after the effective date of the
provisions, the manufacturer or distributor must be able to show, upon
request by EPA, that the product was in fact manufactured, and thus
placed into initial inventory prior to the effective date. Shipping
forms, lot numbers, manufacturer date stamps or codes, invoices, or the
like are normally kept records that could be maintained from the time
the product was put into initial inventory and may be used to
demonstrate when a product was placed in initial inventory.
Polyurethane Foam System means an item consisting of two transfer
pumps that deliver ingredients (polyisocyanate or isocyanate from one
side and a mixture including the blowing agent, catalysts, flame
retardants, and/or stabilizers from the other side) to a metering/mixing
device which allows the components to be delivered in the appropriate
proportions.
Product means an item or category of items manufactured from raw or
recycled materials which is used to perform a function or task.
Release means to emit into the environment during the manufacture,
use, storage or disposal of a product.
Space Vehicles means a man-made device, either manned or unmanned,
designed for operation beyond earth's atmosphere. This definition
includes integral equipment such as models, mock-ups, prototypes, molds,
jigs, tooling, hardware jackets, and test coupons. Also included is
auxiliary equipment associated with test, transport, and storage, which
through contamination can compromise the space vehicle performance.
[58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996; 66
FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020]
Sec. 82.64 Prohibitions.
(a) Effective February 16, 1993, no person may sell or distribute,
or offer to sell or distribute, in interstate commerce any of the
products identified as being nonessential in Sec. 82.66(a).
(b) Effective February 16, 1993, no person may sell or distribute,
or offer to sell or distribute, in interstate commerce any of the
products specified in
[[Page 112]]
Sec. 82.66(b) to a person who does not provide proof of being a
commercial purchaser, as defined under Sec. 82.62.
(c) Effective January 17, 1994, no person may sell or distribute, or
offer to sell or distribute, in interstate commerce any of the products
identified as being nonessential in Sec. 82.66(c) or Sec. 82.66(d)
except as permitted under Sec. 82.65(g).
(d) Except as permitted under Sec. 82.65, effective January 1,
1994, no person may sell or distribute, or offer for sale or
distribution, in interstate commerce any product identified as being
nonessential in Sec. 82.70(a) or Sec. 82.70(c).
(e) Except as permitted under Sec. 82.65, effective January 1,
1994, no person may sell or distribute, or offer to sell or distribute,
in interstate commerce any of the products specified in Sec. 82.70(b)
to a person who does not provide proof of being a commercial purchaser,
as defined under Sec. 82.62.
(f) Except as permitted under Sec. 82.65(d), effective January 1,
1996, no person may sell or distribute, or offer for sale or
distribution, in interstate commerce any product identified as being
nonessential in Sec. 82.70(c)(ii).
(g) It is a violation of this subpart to sell or distribute, or
offer for sale or distribution, products effected by the provisions of
Sec. 82.68 if the seller knew or should have known that the purchaser
was purchasing the product for a prohibited application.
(h) No person may sell or distribute, or offer to sell or
distribute, in interstate commerce any of the products identified as
being nonessential in Sec. 82.66(f).
[58 FR 69675, Dec. 30, 1993, as amended at 85 FR 15300, Mar. 17, 2020]
Sec. 82.65 Temporary exemptions.
(a) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, at any time, any products specified
as nonessential in Sec. 82.70 which are manufactured and placed into
initial inventory by December 31, 1993.
(b) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, at any time, any products specified
as nonessential in Sec. 82.70 which are manufactured and placed into
initial inventory within the date 90 days after the effective date of
any federal approvals required for product reformulation, where
application for the required approval was timely and properly submitted
to the approving federal agency prior to January 1, 1994.
(c)(1) Any person may sell or distribute or offer to sell or
distribute, in interstate commerce, at any time, any products specified
as nonessential in Sec. 82.70 which are manufactured and placed into
initial inventory within 45 days after the receipt of denial by any
federal agency of an application for reformulation where initial
application for the required approval was timely and properly submitted
to the approving federal agency prior to January 1, 1994.
(2) If, within 45 days of receipt of a denial of an application for
reformulation, a person submits a new viable application for federal
approval of a reformulation, that person may continue to sell and
distribute, or offer to sell and distribute until 45 days of denial of
that application.
(d) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, at any time, any integral skin foam
utilized to provide for motor vehicle safety in accordance with Federal
Motor Vehicle Safety Standards, which are manufactured and placed into
initial inventory prior to January 1, 1996.
(e) Any person selling or distributing, or offering to sell or
distribute, any product specified in this section after January 1, 1994,
or January 1, 1996 for paragraph (d) of this section, or after January
17, 1994 for any product specified in paragraph (g) of this section,
must retain proof that such product was manufactured and placed into
initial inventory before the relevant date specified in this section.
Such proof may take the form of shipping forms, lot numbers,
manufacturer date stamps, invoices or equivalent business records.
(f) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, any aircraft pesticide containing
class I until an alternative aircraft pesticide containing class II is
available in interstate commerce.
[[Page 113]]
(g) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, at any time, any replacement part
that was manufactured with, or contains a class I substance or was
packaged in material that was manufactured with or contains a class I
substance only if:
(1) The replacement part was manufactured for use in a single model
of a product; and
(2) The replacement part and product model are no longer
manufactured; and
(3) The replacement part was placed into initial inventory prior to
April 16, 1992.
(h) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, at any time, any air-conditioning or
refrigeration products specified as nonessential in Sec. 82.66(e) that
are manufactured and placed into initial inventory by January 14, 2002.
(i) Any person may sell or distribute, or offer to sell or
distribute, in interstate commerce, at any time, any integral skin foam
products manufactured with a Class I substance for use in commercial
aviation and specified as nonessential in Sec. 82.66(c) that are
manufactured and placed into initial inventory by January 14, 2002.
[58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001]
Sec. 82.66 Nonessential Class I products and exceptions.
The following products which release a Class I substance (as defined
in 40 CFR part 82, appendix A to subpart A) are identified as being
nonessential, and subject to the prohibitions specified under Sec.
82.64--
(a) Any plastic party streamer or noise horn which is propelled by a
chlorofluorocarbon, including but not limited to--
(1) String confetti;
(2) Marine safety horns;
(3) Sporting event horns;
(4) Personal safety horns;
(5) Wall-mounted alarms used in factories or other work areas; and
(6) Intruder alarms used in homes or cars.
(b) Any cleaning fluid for electronic and photographic equipment
which contains a chlorofluorocarbon:
(1) Including but not limited to liquid packaging, solvent wipes,
solvent sprays, and gas sprays; and
(2) Except for those sold or distributed to a commercial purchaser.
(c) Any plastic foam product which is manufactured with or contains
a Class I substance; except any plastic foam product blown with CFC-11,
but which contains no other Class I substances and where this product is
used to provide thermal protection to external tanks for space vehicles;
(d) Any aerosol product or other pressurized dispenser, other than
those banned in Sec. 82.64(a) or Sec. 82.64(b), which contains a
chlorofluorocarbon,
(1) Including but not limited to household, industrial, automotive
and pesticide uses,
(2) Except--
(i) Medical devices listed in 21 CFR 2.125(e);
(ii) Lubricants, coatings or cleaning fluids for electrical or
electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for
solvent purposes, but which contain no other CFCs;
(iii) Lubricants, coatings or cleaning fluids used for aircraft
maintenance, which contain CFC-11 or CFC-113 as a solvent, but which
contain no other CFCs;
(iv) Mold release agents used in the production of plastic and
elastomeric materials, which contain CFC-11 or CFC-113 as a solvent, but
which contain no other CFCs, and/or mold release agents that contain
CFC-12 as a propellant, but which contain no other CFCs;
(v) Spinnerette lubricant/cleaning sprays used in the production of
synthetic fibers, which contain CFC-114 as a solvent, but which contain
no other CFCs, and/or spinnerette lubricant/cleaning sprays which
contain CFC-12 as a propellant, but which contain no other CFCs;
(vi) Document preservation sprays which contain CFC-113 as a
solvent, but which contain no other CFCs, and/or document preservation
sprays which contain CFC-12 as a propellant, but which contain no other
CFCs, and which are used solely on thick books, books with coated or
dense paper and tightly bound documents;
(e) Any air-conditioning or refrigeration appliance as defined in
the Clean
[[Page 114]]
Air Act (CAA) 601(1) that contains a Class I substance used as a
refrigerant; and
(f) Any polyurethane foam system that contains any CFC.
[58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001;
85 FR 15300, Mar. 17, 2020]
Sec. 82.68 Verification and public notice requirements.
(a) Effective February 16, 1993, any person who sells or distributes
any cleaning fluid for electronic and photographic equipment which
contains a chlorofluorocarbon must verify that the purchaser is a
commercial entity as defined in Sec. 82.62. In order to verify that the
purchaser is a commercial entity, the person who sells or distributes
this product must request documentation that proves the purchaser's
commercial status by containing one or more of the commercial
identification numbers specified in Sec. 82.62(b). The seller or
distributor must have a reasonable basis for believing that the
information presented by the purchaser is accurate.
(b) Effective February 16, 1993, any person who sells or distributes
any cleaning fluid for electronic and photographic equipment which
contains a chlorofluorocarbon must prominently display a sign where
sales of such product occur which states: ``It is a violation of federal
law to sell, distribute, or offer to sell or distribute, any
chlorofluorocarbon-containing cleaning fluid for electronic and
photographic equipment to anyone who is not a commercial user of this
product. The penalty for violating this prohibition can be up to $25,000
per sale. Individuals purchasing such products must present proof of
their commercial status in accordance with Sec. 82.68(a).''
(c) Effective January 1, 1994, any person who sells or distributes
any aerosol or pressurized dispenser of cleaning fluid for electronic
and photographic equipment which contains a class II substance must
verify that the purchaser is a commercial entity as defined in Sec.
82.62(b). In order to verify that the purchaser is a commercial entity,
the person who sells or distributes this product must request
documentation that proves the purchaser's commercial status by
containing one or more of the commercial identification numbers
specified in Sec. 82.62(b).
(d) Effective January 1, 1994, any person who sells or distributes
any aerosol or other pressurized dispenser of cleaning fluid for
electronic and photographic equipment which contains a class II
substance must prominently display a sign where sales of such product
occur which states: ``It is a violation of federal law to sell,
distribute, or offer to sell or distribute, any aerosol
hydrochlorofluorocarbon-containing cleaning fluid for electronic and
photographic equipment to anyone who is not a commercial user of this
product. The penalty for violating this prohibition can be up to $25,000
per unit sold. Individuals purchasing such products must present proof
of their commercial status in accordance with Sec. 82.68(c).''
(e) Effective January 1, 1994, in order to satisfy the requirements
under Sec. 82.68 (b) and (d), any person who sells or distributes
cleaning fluids for electronic and photographic equipment which contain
a class I substance and those aerosol or pressurized dispensers of
cleaning fluids which contain a class II substance, may prominently
display one sign where sales of such products occur which states: ``It
is a violation of federal law to sell, distribute, or offer to sell or
distribute, any chlorofluorocarbon-containing cleaning fluid for
electronic and photographic equipment or aerosol
hydrochlorofluorocarbon-containing cleaning fluid for electronic and
photographic equipment to anyone who is not a commercial user of this
product. The penalty for violating this prohibition can be up to $25,000
per unit sold. Individuals purchasing such products must present proof
of their commercial status in accordance with 40 CFR 82.68(a) or
82.68(c).''
(f)-(g) [Reserved]
(h) Effective January 1, 1994, any person who sells or distributes
any mold release agents containing a class II substance as a propellant
must provide written notification to the purchaser prior to the sale
that ``It is a violation of federal law to sell mold release agents
containing
[[Page 115]]
hydrochlorofluorocarbons as propellants to anyone, except for use in
applications where no other alternative except a class I substance is
available. The penalty for violating this prohibition can be up to
$25,000 per unit sold.'' Written notification may be placed on sales
brochures, order forms, invoices and the like.
(i) Effective January 1, 1994, any person who sells or distributes
any wasp and hornet spray containing a class II substance must provide
written notification to the purchaser prior to the sale that ``it is a
violation of federal law to sell or distribute wasp and hornet sprays
containing hydrochlorofluorocarbons as solvents to anyone, except for
use near high-tension power lines where no other alternative except a
class I substance is available. The penalty for violating this
prohibition can be up to $25,000 per unit sold.'' Written notification
may be placed on sales brochures, order forms, invoices and the like.
[58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996]
Sec. 82.70 Nonessential Class II products and exceptions.
The following products which release a class II substance (as
designated as class II in 40 CFR part 82, appendix B to subpart A) are
identified as being nonessential and the sale or distribution of such
products is prohibited under Sec. 82.64 (d), (e), or (f)--
(a) Any aerosol product or other pressurized dispenser which
contains a class II substance:
(1) Including but not limited to household, industrial, automotive
and pesticide uses;
(2) Except--
(i) Medical devices listed in 21 CFR 2.125(e);
(ii) Lubricants, coatings or cleaning fluids for electrical or
electronic equipment, which contain class II substances for solvent
purposes, but which contain no other class II substances;
(iii) Lubricants, coatings or cleaning fluids used for aircraft
maintenance, which contain class II substances for solvent purposes but
which contain no other class II substances;
(iv) Mold release agents used in the production of plastic and
elastomeric materials, which contain class II substances for solvent
purposes but which contain no other class II substances, and/or mold
release agents that contain HCFC-22 as a propellant where evidence of
good faith efforts to secure alternatives indicates that, other than a
class I substance, there are no suitable alternatives;
(v) Spinnerette lubricants/cleaning sprays used in the production of
synthetic fibers, which contain class II substances for solvent purposes
and/or contain class II substances for propellant purposes;
(vi) Document preservation sprays which contain HCFC-141b as a
solvent, but which contain no other class II substance; and/or which
contain HCFC-22 as a propellant, but which contain no other class II
substance and which are used solely on thick books, books with coated,
dense or paper and tightly bound documents;
(vii) Portable fire extinguishing equipment used for non-residential
applications; and
(viii) Wasp and hornet sprays for use near high-tension power lines
that contain a class II substance for solvent purposes only, but which
contain no other class II substances.
(b) Any aerosol or pressurized dispenser cleaning fluid for
electronic and photographic equipment which contains a class II
substance, except for those sold or distributed to a commercial
purchaser.
(c) Any plastic foam product which contains, or is manufactured
with, a class II substance,
(1) Including but not limited to household, industrial, automotive
and pesticide uses,
(2) Except--
(i) Any foam insulation product, as defined in Sec. 82.62(h); and
(ii) Integral skin foam utilized to provide for motor vehicle safety
in accordance with Federal Motor Vehicle Safety Standards until January
1, 1996, after which date such products are identified as nonessential
and may only be sold or distributed or offered for sale or distribution
in interstate commerce in accordance with Sec. 82.65(d).
[58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996]
[[Page 116]]
Subpart D_Federal Procurement
Source: 58 FR 54898, Oct. 22, 1993, unless otherwise noted.
Sec. 82.80 Purpose and scope.
(a) The purpose of this subpart is to require Federal departments,
agencies, and instrumentalities to adopt procurement regulations which
conform to the policies and requirements of title VI of the Clean Air
Act as amended, and which maximize the substitution in Federal
procurement of safe alternatives, as identified under section 612 of the
Clean Air Act, for class I and class II substances.
(b) The regulations in this subpart apply to each department,
agency, and instrumentality of the United States.
Sec. 82.82 Definitions.
(a) Class I substance means any substance designated as class I by
EPA pursuant to 42 U.S.C. 7671(a), including but not limited to
chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform.
(b) Class II substance means any substance designated as class II by
EPA pursuant to 42 U.S.C. 7671(a), including but not limited to
hydrochlorofluorocarbons.
(c) Controlled substance means a class I or class II ozone-depleting
substance.
(d) Department, agency and instrumentality of the United States
refers to any executive department, military department, or independent
establishment within the meaning of 5 U.S.C. 101, 102, and 104(1),
respectively, any wholly owned Government corporation, the United States
Postal Service and Postal Rate Commission, and all parts of and
establishments within the legislative and judicial branches of the
United States.
Sec. 82.84 Requirements.
(a) No later than October 24, 1994, each department, agency and
instrumentality of the United States shall conform its procurement
regulations to the requirements and policies of title VI of the Clean
Air Act, 42 U.S.C. 7671-7671g. Each such regulation shall provide, at a
minimum, the following:
(1) That in place of class I or class II substances, or of products
made with or containing such substances, safe alternatives identified
under 42 U.S.C. 7671k (or products made with or containing such
alternatives) shall be substituted to the maximum extent practicable.
Substitution is not required for class II substances identified as safe
alternatives under 42 U.S.C. 7671k, or for products made with or
containing such substances, and such substances may be used as
substitutes for other class I or class II substances.
(2) That, consistent with the phaseout schedules for ozone-depleting
substances, no purchases shall be made of class II substances, or
products containing class II substances, for the purpose of any use
prohibited under 42 U.S.C. 7671d(c);
(3) That all active or new contracts involving the performance of
any service or activity subject to 42 U.S.C. 7671g or 7671h or
regulations promulgated thereunder include, or be modified to include, a
condition requiring the contractor to ensure compliance with all
requirements of those sections and regulations;
(4) That no purchases shall be made of products whose sale is
prohibited under 42 U.S.C. 7671h, except when they will be used by
persons certified under section 609 to service vehicles, and no purchase
shall be made of nonessential products as defined under 42 U.S.C. 7671i;
(5) That proper labeling under 42 U.S.C. 7671j shall be a
specification for the purchase of any product subject to that section.
(b) For agencies subject to the Federal Acquisition Regulation, 48
CFR part 1, amendment of the FAR, consistent with this subpart, shall
satisfy the requirement of this section.
Sec. 82.86 Reporting requirements.
(a) No later than one year after October 22, 1993, each agency,
department, and instrumentality of the United States shall certify to
the Office of Management and Budget that its procurement regulations
have been amended in accordance with this section.
(b) Certification by the General Services Administration that the
Federal Acquisition Regulation has been
[[Page 117]]
amended in accordance with this section shall constitute adequate
certification for purposes of all agencies subject to the Federal
Acquisition Regulation.
Subpart E_The Labeling of Products Using Ozone-Depleting Substances
Source: 60 FR 4020, Jan. 19, 1995, unless otherwise noted.
Sec. 82.100 Purpose.
The purpose of this subpart is to require warning statements on
containers of, and products containing or manufactured with, certain
ozone-depleting substances, pursuant to section 611 of the Clean Air
Act, as amended.
Sec. 82.102 Applicability.
(a) In the case of substances designated as class I or class II
substances as of February 11, 1993, the applicable date of the
requirements in this paragraph (a) is May 15, 1993. In the case of any
substance designated as a class I or class II substance after February
11, 1993, the applicable date of the requirements in this paragraph (a)
is one year after the designation of such substance as a class I or
class II substance unless otherwise specified in the designation. On the
applicable date indicated in this paragraph (a), the requirements of
this subpart shall apply to the following containers and products except
as exempted under paragraph (c) of this section:
(1) All containers in which a class I or class II substance is
stored or transported.
(2) All products containing a class I substance.
(3) All products directly manufactured with a process that uses a
class I substance, unless otherwise exempted by this subpart or, unless
the Administrator determines for a particular product that there are no
substitute products or manufacturing processes for such product that do
not rely on the use of a class I substance, that reduce overall risk to
human health and the environment, and that are currently or potentially
available. If the Administrator makes such a determination for a
particular product, then the requirements of this subpart are effective
for such product no later than January 1, 2015.
(b) Applicable January 1, 2015 in any case, or one year after any
determination between May 15, 1993 and January 1, 2015, by the
Administrator for a particular product that there are substitute
products or manufacturing processes for such product that do not rely on
the use of a class I or class II substance, that reduce the overall risk
to human health and the environment, and that are currently or
potentially available, the requirements of this subpart shall apply to
the following:
(1) All products containing a class II substance.
(2) All products manufactured with a process that uses a class II
substance.
(c) The requirements of this subpart shall not apply to products
manufactured prior to May 15, 1993, provided that the manufacturer
submits documentation to EPA upon request showing that the product was
manufactured prior to that date.
Sec. 82.104 Definitions.
(a) Class I substance means any substance designated as class I in
40 CFR part 82, appendix A to subpart A, including chlorofluorocarbons,
halons, carbon tetrachloride and methyl chloroform and any other
substance so designated by the Agency at a later date.
(b) Class II substance means any substance designated as class II in
40 CFR part 82, appendix A to subpart A, including
hydrochlorofluorocarbons and any other substance so designated by the
Agency at a later date.
(c) Completely destroy means to cause the destruction of a
controlled substance by one of the destruction processes approved by the
Parties and listed in Sec. 82.3 at a demonstrable destruction
efficiency of 98 percent or more or a greater destruction efficiency if
required under other applicable Federal regulations.
(d) Consumer means a commercial or non-commercial purchaser of a
product or container that has been introduced into interstate commerce.
(e) Container means the immediate vessel in which a controlled
substance is stored or transported.
[[Page 118]]
(f) Container containing means a container that physically holds a
controlled substance within its structure that is intended to be
transferred to another container, vessel or piece of equipment in order
to realize its intended use.
(g) Controlled substance means a class I or class II ozone-depleting
substance.
(h) Destruction means the expiration of a controlled substance to
the destruction efficiency actually achieved, unless considered
completely destroyed as defined in this section. Such destruction might
result in a commercially useful end product but such usefulness would be
secondary to the act of destruction. Destruction must be achieved using
one of the controlled processes approved by the Parties and listed in
the definition of destruction in Sec. 82.3.
(i) Distributor means a person to whom a product is delivered or
sold for purposes of subsequent resale, delivery or export.
(j) Export means the transport of virgin, used, or recycled class I
or class II substances or products manufactured or containing class I or
class II substances from inside the United States or its territories to
persons outside the United States or its territories, excluding United
States military bases and ships for on-board use.
(k) Exporter means the person who contracts to sell class I or class
II substances or products manufactured with or containing class I or
class II substances for export or transfers such substances or products
to his affiliate in another country.
(l) Import means to land on, bring into, or introduce into, or
attempt to land on, bring into, or introduce into any place subject to
the jurisdiction of the United States whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the customs laws of the United States, with the exception of
temporary off-loading of products manufactured with or containers
containing class I or class II substances from a ship are used for
servicing of that ship.
(m) Importer means any person who imports a controlled substance, a
product containing a controlled substance, a product manufactured with a
controlled substance, or any other chemical substance (including a
chemical substance shipped as part of a mixture or article), into the
United States. ``Importer'' includes the person primarily liable for the
payment of any duties on the merchandise or an authorized agent acting
on his or her behalf. The term also includes, as appropriate:
(1) The consignee;
(2) The importer of record;
(3) The actual owner if an actual owner's declaration and
superseding bond has been filed; or
(4) The transferee, if the right to draw merchandise in a bonded
warehouse has been transferred.
(n) Interstate commerce means the distribution or transportation of
any product between one state, territory, possession or the District of
Columbia, and another state, territory, possession or the District of
Columbia, or the sale, use or manufacture of any product in more than
one state, territory, possession or District of Columbia. The entry
points for which a product is introduced into interstate commerce are
the release of a product from the facility in which the product was
manufactured, the entry into a warehouse from which the domestic
manufacturer releases the product for sale or distribution, and at the
site of United States Customs clearance.
(o) Manufactured with a controlled substance means that the
manufacturer of the product itself used a controlled substance directly
in the product's manufacturing, but the product itself does not contain
more than trace quantities of the controlled substance at the point of
introduction into interstate commerce. The following situations are
excluded from the meaning of the phrase ``manufactured with'' a
controlled substance:
(1) Where a product has not had physical contact with the controlled
substance;
(2) Where the manufacturing equipment or the product has had
physical contact with a controlled substance in an intermittent manner,
not as a routine part of the direct manufacturing process;
[[Page 119]]
(3) Where the controlled substance has been transformed, except for
trace quantities; or
(4) Where the controlled substance has been completely destroyed.
(p) Potentially available means that adequate information exists to
make a determination that the substitute is technologically feasible,
environmentally acceptable and economically viable.
(q) Principal display panel (PDP) means the entire portion of the
surface of a product, container or its outer packaging that is most
likely to be displayed, shown, presented, or examined under customary
conditions of retail sale. The area of the PDP is not limited to the
portion of the surface covered with existing labeling; rather it
includes the entire surface, excluding flanges, shoulders, handles, or
necks.
(r) Product means an item or category of items manufactured from raw
or recycled materials, or other products, which is used to perform a
function or task.
(s) Product containing means a product including, but not limited
to, containers, vessels, or pieces of equipment, that physically holds a
controlled substance at the point of sale to the ultimate consumer which
remains within the product.
(t) Promotional printed material means any informational or
advertising material (including, but not limited to, written
advertisements, brochures, circulars, desk references and fact sheets)
that is prepared by the manufacturer for display or promotion concerning
a product or container, and that does not accompany the product to the
consumer.
(u) Retailer means a person to whom a product is delivered or sold,
if such delivery or sale is for purposes of sale or distribution in
commerce to consumers who buy such product for purposes other than
resale.
(v) Spare parts means those parts that are supplied by a
manufacturer to another manufacturer, distributor, or retailer, for
purposes of replacing similar parts with such parts in the repair of a
product.
(w) Supplemental printed material means any informational material
(including, but not limited to, package inserts, fact sheets, invoices,
material safety data sheets, procurement and specification sheets, or
other material) which accompanies a product or container to the consumer
at the time of purchase.
(x) Transform means to use and entirely consume a class I or class
II substance, except for trace quantities, by changing it into one or
more substances not subject to this subpart in the manufacturing process
of a product or chemical.
(y) Type size means the actual height of the printed image of each
capital letter as it appears on a label.
(z) Ultimate consumer means the first commercial or non-commercial
purchaser of a container or product that is not intended for re-
introduction into interstate commerce as a final product or as part of
another product.
(aa) Warning label means the warning statement required by section
611 of the Act. The term warning statement shall be synonymous with
warning label for purposes of this subpart.
(bb) Waste means, for purposes of this subpart, items or substances
that are discarded with the intent that such items or substances will
serve no further useful purpose.
(cc) Wholesaler means a person to whom a product is delivered or
sold, if such delivery or sale is for purposes of sale or distribution
to retailers who buy such product for purposes of resale.
[60 FR 4020, Jan. 19, 1995, as amended at 81 FR 6768, Feb. 9, 2016; 85
FR 15300, Mar. 17, 2020]
Sec. 82.106 Warning statement requirements.
(a) Required warning statements. (1) Unless otherwise exempted by
this subpart, each container or product identified in Sec. 82.102(a) or
(b) shall bear the following warning statement, meeting the requirements
of this subpart for placement and form:
WARNING: Contains [or Manufactured with, if applicable] [insert name
of substance], a substance which harms public health and environment by
destroying ozone in the upper atmosphere.
(2) Each container of fire suppression agent containing HCFC-123
produced or imported on or after January 1, 2020
[[Page 120]]
shall bear the following warning statement, meeting the requirements of
this subpart for placement and form:
WARNING: Contains [insert name of substance], a substance which
harms public health and environment by destroying ozone in the upper
atmosphere. Use Only for Recharge of Equipment Manufactured before
January 1, 2020.
(3) Each container of fire suppression agent containing reclaimed
HCFC-123 or HCFC-123 that was imported prior to January 1, 2020, shall
bear the following warning statement, meeting the requirements of this
subpart for placement and form:
WARNING: Contains [insert name of substance], a substance which
harms public health and environment by destroying ozone in the upper
atmosphere. For use in any equipment.
(b) Exemptions from warning label requirement. The following
products need not bear a warning label:
(1) Products containing trace quantities of a controlled substance
remaining as a residue or impurity due to a chemical reaction, and where
the controlled substance serves no useful purpose in or for the product
itself. However, if such product was manufactured using the controlled
substance, the product is required to be labeled as a ``product
manufactured with'' the controlled substance, unless otherwise exempted;
(2) Containers containing a controlled substance in which trace
quantities of that controlled substance remain as a residue or impurity;
(3) Waste containing controlled substances or blends of controlled
substances bound for discard;
(4) Products manufactured using methyl chloroform or CFC-113 by
persons who can demonstrate and certify a 95% reduction in overall usage
from their 1990 calendar year usage of methyl chloroform or CFC-113 as
solvents during a twelve (12) month period ending within sixty (60) days
of such certification or during the most recently completed calendar
year. In calculating such reduction, persons may subtract from
quantities used those quantities for which they possess accessible data
that establishes the amount of methyl chloroform or CFC-113 transformed.
Such subtraction must be performed for both the applicable twelve month
period and the 1990 calendar year. If at any time future usage exceeds
the 95% reduction, all products manufactured with methyl chloroform or
CFC-113 as solvents by that person must be labeled immediately. No
person may qualify for this exemption after May 15, 1994;
(5) Products intended only for export outside of the United States
shall not be considered ``products introduced into interstate commerce''
provided such products are clearly designated as intended for export
only;
(6) Products that are otherwise not subject to the requirements of
this subpart that are being repaired, using a process that uses a
controlled substance.
(7) Products, processes, or substitute chemicals undergoing research
and development, by which a controlled substance is used. Such products
must be labeled when they are introduced into interstate commerce.
(c) Interference with other required labeling information. The
warning statement shall not interfere with, detract from, or mar any
labeling information required on the labeling by federal or state law.
[60 FR 4020, Jan. 19, 1995, as amended at 85 FR 15300, Mar. 17, 2020]
Sec. 82.108 Placement of warning statement.
The warning statement shall be placed so as to satisfy the
requirement of the Act that the warning statement be ``clearly legible
and conspicuous.'' The warning statement is clearly legible and
conspicuous if it appears with such prominence and conspicuousness as to
render it likely to be read and understood by consumers under normal
conditions of purchase. Such placement includes, but is not limited to,
the following:
(a) Display panel placement. For any affected product or container
that has a display panel that is normally viewed by the purchaser at the
time of the purchase, the warning statement described in Sec. 82.106
may appear on any such display panel of the affected product or
container such that it is ``clearly legible and conspicuous'' at the
time
[[Page 121]]
of the purchase. If the warning statement appears on the principal
display panel or outer packaging of any such affected product or
container, the warning statement shall qualify as ``clearly legible and
conspicuous,'' as long as the label also fulfills all other requirements
of this subpart and is not obscured by any outer packaging, as required
by paragraph (b) of this section. The warning statement need not appear
on such display panel if either:
(1) The warning statement appears on the outer packaging of the
product or container, consistent with paragraph (b) of this section, and
is clearly legible and conspicuous; or
(2) The warning statement is placed in a manner consistent with
paragraph (c) of this section.
(b) Outer packaging. If the product or container is normally
packaged, wrapped, or otherwise covered when viewed by the purchaser at
the time of the purchase the warning statement described in Sec. 82.106
shall appear on any outer packaging, wrapping or other covering used in
the retail display of the product or container, such that the warning
statement is clearly legible and conspicuous at the time of the
purchase. If the outer packaging has a display panel that is normally
viewed by the purchaser at the time of the purchase, the warning
statement shall appear on such display panel. If the warning statement
so appears on such product's or container's outer packaging, it need not
appear on the surface of the product or container, as long as the
statement also fulfills all other requirements of this subpart. The
warning statement need not appear on such outer packaging if either:
(1) The warning statement appears on the surface of the product or
container, consistent with paragraph (a) of this section, and is clearly
legible and conspicuous through any outer packaging, wrapping or other
covering used in display; or
(2) The warning statement is placed in a manner consistent with
paragraph (c) of this section.
(c) Alternative placement. The warning statement may be placed on a
hang tag, tape, card, sticker, invoice, bill of lading, supplemental
printed material, or similar overlabeling that is securely attached to
the container, product, outer packaging or display case, or accompanies
the product containing or manufactured with a controlled substance or a
container containing class I or class II substances through its sale to
the consumer or ultimate consumer. For prescription medical products
that have been found to be essential for patient health by the Food and
Drug Administration, the warning statement may be placed in supplemental
printed material intended to be read by the prescribing physician, as
long as the following statement is placed on the product, its packaging,
or supplemental printed material intended to be read by the patient:
``This product contains [insert name of substance], a substance which
harms the environment by depleting ozone in the upper atmosphere.'' In
any case, the warning statement must be clearly legible and conspicuous
at the time of the purchase.
(d) Products not viewed by the purchaser at the time of purchase.
Where the purchaser of a product cannot view a product, its packaging or
alternative labeling such that the warning statement is clearly legible
and conspicuous at the time of purchase, as specified under paragraphs
(a), (b), or (c) of this section, the warning statement may be placed in
the following manner:
(1) Where promotional printed material is prepared for display or
distribution, the warning statement may be placed on such promotional
printed material such that it is clearly legible and conspicuous at the
time of purchase; or
(2) The warning statement may be placed on the product, on its outer
packaging, or on alternative labeling, consistent with paragraphs (a),
(b), or (c) of this section, such that the warning statement is clearly
legible and conspicuous at the time of product delivery, if the product
may be returned by the purchaser at or after the time of delivery or if
the purchase is not complete until the time of delivery (e.g., products
delivered C.O.D.).
[[Page 122]]
Sec. 82.110 Form of label bearing warning statement.
(a) Conspicuousness and contrast. The warning statement shall appear
in conspicuous and legible type by typography, layout, and color with
other printed matter on the label. The warning statement shall appear in
sharp contrast to any background upon which it appears. Examples of
combinations of colors which may not satisfy the proposed requirement
for sharp contrast are: black letters on a dark blue or dark green
background, dark red letters on a light red background, light red
letters on a reflective silver background, and white letters on a light
gray or tan background.
(b) Name of substance. The name of the class I or class II substance
to be inserted into the warning statement shall be the standard chemical
name of the substance as listed in 40 CFR part 82, appendix A to subpart
A, except that:
(1) The acronym ``CFC'' may be substituted for
``chlorofluorocarbon.''
(2) The acronym ``HCFC'' may be substituted for
``hydrochlorofluorocarbon.''
(3) The term ``1,1,1-trichloroethane'' may be substituted for
``methyl chloroform.''
(c) Combined statement for multiple controlled substances. If a
container containing or a product contains or is manufactured with, more
than one class I or class II substance, the warning statement may
include the names of all of the substances in a single warning
statement, provided that the combined statement clearly distinguishes
which substances the container or product contains and which were used
in the manufacturing process.
(d) Format. (1) The warning statement shall be blocked within a
square or rectangular area, with or without a border. (2) The warning
statement shall appear in lines that are parallel to the surrounding
text on the product's PDP, display panel, supplemental printed material
or promotional printed material.
(e) Type style. The ratio of the height of a capital letter to its
width shall be such that the height of the letter is no more than 3
times its width; the signal word ``WARNING'' shall appear in all capital
letters.
(f) Type size. The warning statement shall appear at least as large
as the type sizes prescribed by this paragraph. The type size refers to
the height of the capital letters. A larger type size materially
enhances the legibility of the statement and is desirable.
(1) Display panel or outer packaging. Minimum type size requirements
for the warning statement are given in Table 1 to this paragraph and are
based upon the area of the display panel of the product or container.
Where the statement is on outer packaging, as well as the display panel
area, the statement shall appear in the same minimum type size as on the
display panel.
Table 1 to Sec. 82.110(f)(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area of display panel (sq. in.)
----------------------------------------------------------------------------------------------
0-2 2-5 5-10 10-15 15-30 30
--------------------------------------------------------------------------------------------------------------------------------------------------------
Type size (in.) \1\
Signal word.......................................... \3/64\ \1/16\ \3/32\ \7/64\ \1/8\ \5/32\
Statement............................................ \3/64\ \3/64\ \1/16\ \3/32\ \3/32\ \7/64\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Means greater than.
\1\ Minimum height of printed image of letters.
(2) Alternative placement. The minimum type size for the warning
statement on any alternative placement which meets the requirements of
Sec. 82.108(c) is \3/32\ inches for the signal word and \1/16\ of an
inch for the statement.
(3) Promotional printed material. The minimum type size for the
warning statement on promotional printed material is \3/32\ inches for
the signal word and \1/16\ of an inch for the statement, or
[[Page 123]]
the type size of any surrounding text, whichever is larger.
[60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014]
Sec. 82.112 Removal of label bearing warning statement.
(a) Prohibition on removal. Except as described in paragraph (b) or
(c) of this section, any warning statement that accompanies a product or
container introduced into interstate commerce, as required by this
subpart, must remain with the product or container and any product
incorporating such product or container, up to and including the point
of sale to the ultimate consumer.
(b) Incorporation of warning statement by subsequent manufacturers.
A manufacturer of a product that incorporates a product that is
accompanied by a label bearing the warning statement may remove such
label from the incorporated product if the information on such label is
incorporated into a warning statement accompanying the manufacturer's
product, or if, pursuant to paragraph (c) of this section, the
manufacturer of the product is not required to pass through the
information contained on or incorporated in the product's label.
(c) Manufacturers that incorporate products manufactured with
controlled substances. A manufacturer that incorporates into its own
product a component product that was purchased from another
manufacturer, was manufactured with a process that uses a controlled
substance(s), but does not contain such substance(s), may remove such
label from the incorporated product and need not apply a warning
statement to its own product, if the manufacturer does not use a
controlled substance in its own manufacturing process. A manufacturer
that uses controlled substances in its own manufacturing process, and is
otherwise subject to the regulations of this subpart, must label
pursuant to Sec. 82.106, but need not include information regrading the
incorporated product on the required label.
(d) Manufacturers, distributors, wholesalers, retailers that sell
spare parts manufactured with controlled substances solely for repair.
Manufacturers, distributors, wholesalers, and retailers that purchase
spare parts manufactured with a class I or class II substance from
another manufacturer or supplier, and sell such spare parts for the sole
purpose of repair, are not required to pass through an applicable
warning label if such products are removed from the original packaging
provided by the manufacturer from whom the products are purchased.
Manufacturers of the spare parts manufactured with controlled substances
must still label their products; furthermore, manufacturers, importers,
and distributors of such products must pass through the labeling
information as long as products remain assembled and packaged in the
manner assembled and packaged by the original manufacturer. This
exemption shall not apply if a spare part is later used for manufacture
and/or for purposes other than repair.
[60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014]
Sec. 82.114 Compliance by manufacturers and importers with requirements
for labeling of containers of controlled substances, or products containing
controlled substances.
(a) Compliance by manufacturers and importers with requirements for
labeling of containers of controlled substances, or products containing
controlled substances. Each manufacturer of a product incorporating
another product or container containing a controlled substance, to which
Sec. 82.102 (a)(1), or, (a)(2) or (b)(1) applies, that is purchased or
obtained from another manufacturer or supplier, is required to pass
through and incorporate the labeling information that accompanies such
incorporated product in a warning statement accompanying the
manufacturer's finished product. Each importer of a product, or
container containing a controlled substance, to which Sec. 82.102
(a)(1), (a)(2), or (b)(1) applies, including a component product or
container incorporated into the product, that is purchased from a
foreign manufacturer or supplier, is required to apply a label, or to
ensure that a label has been properly applied, at the site of U.S.
Customs clearance.
(b) Reliance on reasonable belief. The manufacturer or importer of a
product
[[Page 124]]
that incorporates another product container from another manufacturer or
supplier may rely on the labeling information (or lack thereof) that it
receives with the product, and is not required to independently
investigate whether the requirements of this subpart are applicable to
such purchased product or container, as long as the manufacturer
reasonably believes that the supplier or foreign manufacturer is
reliably and accurately complying with the requirements of this subpart.
(c) Contractual obligations. A manufacturer's or importer's
contractual relationship with its supplier under which the supplier is
required to accurately label, consistent with the requirements of this
subpart, any products containing a controlled substance or containers of
a controlled substance that are supplied to the manufacturer or
importer, is evidence of reasonable belief.
Sec. 82.116 Compliance by manufacturers or importers incorporating products
manufactured with controlled substances.
(a) Compliance by manufacturers or importers incorporating products
manufactured with controlled substances, or importing products
manufactured with controlled substances. Each manufacturer or importer
of a product incorporating another product to which Sec. 82.102 (a)(3)
or (b)(2) applies, that is purchased from another manufacturer or
supplier, is not required to pass through and incorporate the labeling
information that accompanies such incorporated product in a warning
statement accompanying the manufacturer's or importer's finished
product. Importers of products to which Sec. 82.102 (a)(3) or (b)(2)
applies are required to apply a label, or to ensure that a label has
been properly applied at the site of U.S. Customs clearance.
(b) Reliance on reasonable belief. The importer of a product
purchased or obtained from a foreign manufacturer or supplier, which
product may have been manufactured with a controlled substance, may rely
on the information that it receives with the purchased product, and is
not required to independently investigate whether the requirements of
this subpart are applicable to the purchased or obtained product, as
long as the importer reasonably believes that there was no use of
controlled substances by the final manufacturer of the product being
imported.
(c) Contractual obligations. An importer's contractual relationship
with its supplier under which the supplier is required to accurately
label, consistent with the requirements of this subpart, any products
manufactured with a controlled substance that are supplied to the
importer, or to certify to the importer whether a product was or was not
manufactured with a controlled substance is evidence of reasonable
belief.
Sec. 82.118 Compliance by wholesalers, distributors and retailers.
(a) Requirement of compliance by wholesalers, distributors and
retailers. All wholesalers, distributors and retailers of products or
containers to which this subpart applies are required to pass through
the labeling information that accompanies the product, except those
purchasing from other manufacturers or suppliers spare parts
manufactured with controlled substances and selling those parts for the
demonstrable sole purpose of repair.
(b) Reliance on reasonable belief. The wholesaler, distributor or
retailer of a product may rely on the labeling information that it
receives with the product or container, and is not required to
independently investigate whether the requirements of this subpart are
applicable to the product or container, as long as the wholesaler,
distributor or retailer reasonably believes that the supplier of the
product or container is reliably and accurately complying with the
requirements of this subpart.
(c) Contractual obligations. A wholesaler, distributor or retailer's
contractual relationship with its supplier under which the supplier is
required to accurately label, consistent with the requirements of this
subpart, any products manufactured with a controlled substance that are
supplied to the wholesaler, distributor or retailer is evidence of
reasonable belief.
Sec. 82.120 Petitions.
(a) Requirements for procedure and timing. Persons seeking to apply
the requirements of this regulation to a
[[Page 125]]
product containing a class II substance or a product manufactured with a
class I or a class II substance which is not otherwise subject to the
requirements, or to temporarily exempt a product manufactured with a
class I substance, based on a showing of a lack of currently or
potentially available alternatives, from the requirements of this
regulation may submit petitions to: Labeling Program Manager,
Stratospheric Protection Division, Office of Atmospheric Programs, U.S.
Environmental Protection Agency, 6202-J, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Such persons must label their products while such
petitions are under review by the Agency.
(b) Requirement for adequate data. Any petition submitted under
paragraph (a) of this section shall be accompanied by adequate data, as
defined in Sec. 82.120(c). If adequate data are not included by the
petitioner, the Agency may return the petition and request specific
additional information.
(c) Adequate data. A petition shall be considered by the Agency to
be supported by adequate data if it includes all of the following:
(1) A part clearly labeled ``Section I.A.'' which contains the
petitioner's full name, company or organization name, address and
telephone number, the product that is the subject of the petition, and,
in the case of a petition to temporarily exempt a product manufactured
with a class I substance from the labeling requirement, the manufacturer
or manufacturers of that product.
(2) For petitions to temporarily exempt a product manufactured with
a class I substance only, a part clearly labeled ``Section I.A.T.''
which states the length of time for which an exemption is requested.
(3) A part clearly labeled ``Section I.B.'' which includes the
following statement, signed by the petitioner or an authorized
representative:
``I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this petition and all
attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the submitted information is true, accurate, and complete. I am aware
that there are significant penalties for submitting false information.''
(4) A part clearly labeled ``Section I.C.'' which fully explains the
basis for the petitioner's request that EPA add the labeling
requirements to or remove them from the product which is the subject of
the petition, based specifically upon the technical facility or
laboratory tests, literature, or economic analysis described in
paragraphs (c) (5), (6) and (7) of this section.
(5) A part clearly labeled ``Section II.A.'' which fully describes
any technical facility or laboratory tests used to support the
petitioner's claim.
(6) A part clearly labeled ``Section II.B.'' which fully explains
any values taken from literature or estimated on the basis of known
information that are used to support the petitioner's claim.
(7) A part clearly labeled ``Section II.C.'' which fully explains
any economic analysis used to support the petitioner's claim.
(d) Criteria for evaluating petitions. Adequate data in support of
any petition to the Agency to add a product to the labeling requirement
or temporarily remove a product from the labeling requirement will be
evaluated based upon a showing of sufficient quality and scope by the
petitioner of whether there are or are not substitute products or
manufacturing processes for such product:
(1) That do not rely on the use of such class I or class II
substance;
(2) That reduce the overall risk to human health and the
environment; and
(3) That are currently or potentially available.
(e) Procedure for acceptance or denial of petition. (1) If a
petition submitted under this section contains adequate data, as defined
under paragraph (c) of this section, the Agency shall within 180 days
after receiving the complete petition either accept the petition or deny
the petition.
(2) If the Agency makes a decision to accept a petition to apply the
requirements of this regulation to a product containing or manufactured
with a
[[Page 126]]
class II substance, the Agency will notify the petitioner and publish a
proposed rule in the Federal Register to apply the labeling requirements
to the product.
(3) If the Agency makes a decision to deny a petition to apply the
requirements of this regulation to a product containing or manufactured
with a class II substance, the Agency will notify the petitioner and
publish an explanation of the petition denial in the Federal Register.
(4) If the Agency makes a decision to accept a petition to
temporarily exempt a product manufactured with a class I substance from
the requirements of this regulation, the Agency will notify the
petitioner and publish a proposed rule in the Federal Register to
temporarily exempt the product from the labeling requirements. Upon
notification by the Agency, such manufacturer may immediately cease its
labeling process for such exempted products.
(5) If the Agency makes a decision to deny a petition to temporarily
exempt a product manufactured with a class I substance from the
requirements of this regulation, the Agency will notify the petitioner
and may, in appropriate circumstances, publish an explanation of the
petition denial in the Federal Register.
Sec. 82.122 Certification, recordkeeping, and notice requirements.
(a) Certification. (1) Persons claiming the exemption provided in
Sec. 82.106(b)(4) must submit a written certification to the following
address: Labeling Program Manager, Stratospheric Protection Division,
Office of Atmospheric Programs, 6205-T, 1200 Pennsylvania Ave. NW.,
Washington DC 20460.
(2) The certification must contain the following information:
(i) The exact location of documents verifying calendar year 1990
usage and the 95% reduced usage during a twelve month period;
(ii) A description of the records maintained at that location;
(iii) A description of the type of system used to track usage;
(iv) An indication of which 12 month period reflects the 95% reduced
usage, and;
(v) Name, address, and telephone number of a contact person.
(3) Persons who submit certifications postmarked on or before May
15, 1993, need not place warning labels on their products manufactured
using CFC-113 or methyl chloroform as a solvent. Persons who submit
certifications postmarked after May 15, 1993, must label their products
manufactured using CFC-113 or methyl chloroform as a solvent for 14 days
following such submittal of the certification.
(4) Persons certifying must also include a statement that indicates
their future annual use will at no time exceed 5% of their 1990 usage.
(5) Certifications must be signed by the owner or a responsible
corporate officer.
(6) If the Administrator determines that a person's certification is
incomplete or that information supporting the exemption is inadequate,
then products manufactured using CFC-113 or methyl chloroform as a
solvent by such person must be labeled pursuant to Sec. 82.106(a).
(b) Recordkeeping. Persons claiming the exemption under section
82.106(b)(2) must retain supporting documentation at one of their
facilities.
(c) Notice Requirements. Persons who claim an exemption under Sec.
82.106(b)(2) must submit a notice to the address in paragraph (a)(1) of
this section within 30 days of the end of any 12 month period in which
their usage of CFC-113 or methyl chloroform used as a solvent exceeds
the 95% reduction from calendar year 1990.
[60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014]
Sec. 82.124 Prohibitions.
(a) Warning statement--(1) Absence or presence of warning statement.
(i) Applicable May 15, 1993, except as indicated in paragraph (a)(5) of
this section, no container or product identified in Sec. 82.102(a) may
be introduced into interstate commerce unless it bears a warning
statement that complies with the requirements of Sec. 82.106(a) of this
subpart, unless such labeling is not required under Sec. 82.102(c),
Sec. 82.106(b), Sec. 82.112 (c) or (d), Sec. 82.116(a), Sec.
82.118(a), or temporarily exempted pursuant to Sec. 82.120.
[[Page 127]]
(ii) On January 1, 2015, or any time between May 15, 1993 and
January 1, 2015 that the Administrator determines for a particular
product manufactured with or containing a class II substance that there
are substitute products or manufacturing processes for such product that
do not rely on the use of a class I or class II substance, that reduce
the overall risk to human health and the environment, and that are
currently or potentially available, no product identified in Sec.
82.102(b) may be introduced into interstate commerce unless it bears a
warning statement that complies with the requirements of Sec. 82.106,
unless such labeling is not required under Sec. 82.106(b), Sec. 82.112
(c) or (d), Sec. 82.116(a) or Sec. 82.118(a).
(2) Placement of warning statement. (i) On May 15, 1993, except as
indicated in paragraph (a)(5) of this section, no container or product
identified in Sec. 82.102(a) may be introduced into interstate commerce
unless it bears a warning statement that complies with the requirements
of Sec. 82.108 of this subpart, unless such labeling is not required
under Sec. 82.102(c), Sec. 82.106(b), Sec. 82.112 (c) or (d), Sec.
82.116(a), Sec. 82.118(a), or temporarily exempted pursuant to Sec.
82.120.
(ii) On January 1, 2015, or any time between May 15, 1993 and
January 1, 2015 that the Administrator determines for a particular
product manufactured with or containing a class II substance that there
are substitute products or manufacturing processes for such product that
do not rely on the use of a class I or class II substance, that reduce
the overall risk to human health and the environment, and that are
currently or potentially available, no product identified in Sec.
82.102(b) may be introduced into interstate commerce unless it bears a
warning statement that complies with the requirements of Sec. 82.108 of
this subpart, unless such labeling is not required under Sec.
82.106(b), Sec. 82.112 (c) or (d), Sec. 82.116(a) or Sec. 82.118(a).
(3) Form of label bearing warning statement. (i) Applicable May 15,
1993, except as indicated in paragraph (a)(5) of this section, no
container or product identified in Sec. 82.102(a) may be introduced
into interstate commerce unless it bears a warning statement that
complies with the requirements of Sec. 82.110, unless such labeling is
not required pursuant to Sec. 82.102(c), Sec. 82.106(b), Sec. 82.112
(c) or (d), Sec. 82.116(a), Sec. 82.118(a), or temporarily exempted
pursuant to Sec. 82.120.
(ii) On January 1, 2015, or any time between May 15, 1993 and
January 1, 2015 that the Agency determines for a particular product
manufactured with or containing a class II substance, that there are
substitute products or manufacturing processes that do not rely on the
use of a class I or class II substance, that reduce the overall risk to
human health and the environment, and that are currently or potentially
available, no product identified in Sec. 82.102(b) may be introduced
into interstate commerce unless it bears a warning statement that
complies with the requirements of Sec. 82.110, unless such labeling is
not required pursuant to Sec. 82.106(b), Sec. 82.112 (c) or (d), Sec.
82.116(a), or Sec. 82.118(a).
(4) On or after May 15, 1993, no person may modify, remove or
interfere with any warning statement required by this subpart, except as
described in Sec. 82.112.
(5) In the case of any substance designated as a class I or class II
substance after February 11, 1993, the prohibitions in paragraphs
(a)(1)(i), (a)(2)(i), and (a)(3)(i) of this section shall be applicable
one year after the designation of such substance as a class I or class
II substance unless otherwise specified in the designation.
Subpart F_Recycling and Emissions Reduction
Source: 58 FR 28712, May 14, 1993, unless otherwise noted.
Sec. 82.150 Purpose and scope.
(a) The purpose of this subpart is to reduce emissions of class I
and class II refrigerants and their non-exempt substitutes to the lowest
achievable level by maximizing the recapture and recycling of such
refrigerants during the maintenance, service, repair, and disposal of
appliances and restricting the sale of refrigerants consisting in whole
or in part of a class I or class II ozone-depleting substance or their
non-exempt substitutes in accordance with Title VI of the Clean Air Act.
[[Page 128]]
(b) This subpart applies to any person maintaining, servicing, or
repairing appliances containing class I, class II or non-exempt
substitute refrigerants. This subpart also applies to persons disposing
of such appliances (including small appliances and motor vehicle air
conditioners), refrigerant reclaimers, technician certifying programs,
appliance owners and operators, manufacturers of appliances,
manufacturers of recovery and/or recycling equipment, approved recovery
and/or recycling equipment testing organizations, and persons buying,
selling, or offering to sell class I, class II, or non-exempt substitute
refrigerants.
[81 FR 82349, Nov. 11, 2016]
Sec. 82.152 Definitions.
Appliance means any device which contains and uses a class I or
class II substance or substitute as a refrigerant and which is used for
household or commercial purposes, including any air conditioner, motor
vehicle air conditioner, refrigerator, chiller, or freezer. For a system
with multiple circuits, each independent circuit is considered a
separate appliance.
Apprentice means any person who is currently registered as an
apprentice in maintenance, service, repair, or disposal of appliances
with the U.S. Department of Labor's Office of Apprenticeship (or a State
Apprenticeship Council recognized by the Office of Apprenticeship). A
person may only be an apprentice for two years from the date of first
registering with that office.
Approved equipment testing organization means any organization which
has applied for and received approval from the Administrator pursuant to
Sec. 82.160.
Batch means a single bulk cylinder of refrigerant after all
reclamation has been completed prior to packaging or shipping to the
market.
Class I refers to an ozone-depleting substance that is listed in 40
CFR part 82 subpart A, appendix A.
Class II refers to an ozone-depleting substance that is listed in 40
CFR part 82 subpart A, appendix B.
Certified refrigerant recovery or recycling equipment means
equipment manufactured before November 15, 1993, that meets the
standards in Sec. 82.158(c), (e), or (g); equipment certified by an
approved equipment testing organization to meet the standards in Sec.
82.158(b), (d), or (f); or equipment certified pursuant to Sec.
82.36(a).
Comfort cooling means the air-conditioning appliances used to
provide cooling in order to control heat and/or humidity in occupied
facilities including but not limited to residential, office, and
commercial buildings. Comfort cooling appliances include but are not
limited to chillers, commercial split systems, and packaged roof-top
units.
Commercial refrigeration means the refrigeration appliances used in
the retail food and cold storage warehouse sectors. Retail food
appliances include the refrigeration equipment found in supermarkets,
convenience stores, restaurants and other food service establishments.
Cold storage includes the refrigeration equipment used to store meat,
produce, dairy products, and other perishable goods.
Component means a part of the refrigerant circuit within an
appliance including, but not limited to, compressors, condensers,
evaporators, receivers, and all of its connections and subassemblies.
Custom-built means that the industrial process equipment or any of
its components cannot be purchased and/or installed without being
uniquely designed, fabricated and/or assembled to satisfy a specific set
of industrial process conditions.
Disposal means the process leading to and including:
(1) The discharge, deposit, dumping or placing of any discarded
appliance into or on any land or water;
(2) The disassembly of any appliance for discharge, deposit, dumping
or placing of its discarded component parts into or on any land or
water;
(3) The vandalism of any appliance such that the refrigerant is
released into the environment or would be released into the environment
if it had not been recovered prior to the destructive activity;
(4) The disassembly of any appliance for reuse of its component
parts; or
(5) The recycling of any appliance for scrap.
Follow-up verification test means those tests that involve checking
the repairs
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to an appliance after a successful initial verification test and after
the appliance has returned to normal operating characteristics and
conditions to verify that the repairs were successful. Potential methods
for follow-up verification tests include, but are not limited to, the
use of soap bubbles as appropriate, electronic or ultrasonic leak
detectors, pressure or vacuum tests, fluorescent dye and black light,
infrared or near infrared tests, and handheld gas detection devices.
Full charge means the amount of refrigerant required for normal
operating characteristics and conditions of the appliance as determined
by using one or a combination of the following four methods:
(1) Use of the equipment manufacturer's determination of the full
charge;
(2) Use of appropriate calculations based on component sizes,
density of refrigerant, volume of piping, and other relevant
considerations;
(3) Use of actual measurements of the amount of refrigerant added to
or evacuated from the appliance, including for seasonal variances; and/
or
(4) Use of an established range based on the best available data
regarding the normal operating characteristics and conditions for the
appliance, where the midpoint of the range will serve as the full
charge.
High-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure between 170 psia and 355 psia at
104 [deg]F. Examples include but are not limited to appliances using R-
22, R-407A, R-407C, R-410A, and R-502.
Industrial process refrigeration means complex customized appliances
that are directly linked to the processes used in, for example, the
chemical, pharmaceutical, petrochemical, and manufacturing industries.
This sector also includes industrial ice machines, appliances used
directly in the generation of electricity, and ice rinks. Where one
appliance is used for both industrial process refrigeration and other
applications, it will be considered industrial process refrigeration
equipment if 50 percent or more of its operating capacity is used for
industrial process refrigeration.
Industrial process shutdown means when an industrial process or
facility temporarily ceases to operate or manufacture whatever is being
produced at that facility.
Initial verification test means those leak tests that are conducted
after the repair is finished to verify that a leak or leaks have been
repaired before refrigerant is added back to the appliance.
Leak inspection means the examination of an appliance to determine
the location of refrigerant leaks. Potential methods include, but are
not limited to, ultrasonic tests, gas-imaging cameras, bubble tests as
appropriate, or the use of a leak detection device operated and
maintained according to manufacturer guidelines. Methods that determine
whether the appliance is leaking refrigerant but not the location of a
leak, such as standing pressure/vacuum decay tests, sight glass checks,
viewing receiver levels, pressure checks, and charging charts, must be
used in conjunction with methods that can determine the location of a
leak.
Leak rate means the rate at which an appliance is losing
refrigerant, measured between refrigerant charges. The leak rate is
expressed in terms of the percentage of the appliance's full charge that
would be lost over a 12-month period if the current rate of loss were to
continue over that period. The rate must be calculated using one of the
following methods. The same method must be used for all appliances
subject to the leak repair requirements located at an operating
facility.
(1) Annualizing Method. (i) Step 1. Take the number of pounds of
refrigerant added to the appliance to return it to a full charge,
whether in one addition or if multiple additions related to same leak,
and divide it by the number of pounds of refrigerant the appliance
normally contains at full charge;
(ii) Step 2. Take the shorter of the number of days that have passed
since the last day refrigerant was added or 365 days and divide that
number by 365 days;
(iii) Step 3. Take the number calculated in Step 1 and divide it by
the number calculated in Step 2; and
(iv) Step 4. Multiply the number calculated in Step 3 by 100 to
calculate a
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percentage. This method is summarized in the following formula:
[GRAPHIC] [TIFF OMITTED] TR18NO16.074
(2) Rolling Average Method. (i) Step 1. Take the sum of the pounds
of refrigerant added to the appliance over the previous 365-day period
(or over the period that has passed since the last successful follow-up
verification test showing all identified leaks in the appliance were
repaired, if that period is less than one year);
(ii) Step 2. Divide the result of Step 1 by the pounds of
refrigerant the appliance normally contains at full charge; and
(iii) Step 3. Multiply the result of Step 2 by 100 to obtain a
percentage. This method is summarized in the following formula:
[GRAPHIC] [TIFF OMITTED] TR18NO16.075
Low-loss fitting means any device that is intended to establish a
connection between hoses, appliances, or recovery and/or recycling
machines and that is designed to close automatically or to be closed
manually when disconnected, minimizing the release of refrigerant from
hoses, appliances, and recovery and/or recycling machines.
Low-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure below 45 psia at 104 [deg]F.
Examples include but are not limited to appliances using R-11, R-123, R-
113, and R-245fa.
Major maintenance, service, or repair means any maintenance,
service, or repair that involves the removal of any or all of the
following appliance components: compressor, condenser, evaporator, or
auxiliary heat exchange coil; or any maintenance, service, or repair
that involves uncovering an opening of more than four (4) square inches
of ``flow area'' for more than 15 minutes.
Medium-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure between 45 psia and 170 psia at
104 [deg]F. Examples include but are not limited to appliances using R-
114, R-124, R-12, R-134a, and R-500.
Mothball means to evacuate refrigerant from an appliance, or the
affected isolated section or component of an appliance, to at least
atmospheric pressure, and to temporarily shut down that appliance.
Motor vehicle air conditioner (MVAC) means any appliance that is a
motor vehicle air conditioner as defined in 40 CFR part 82, subpart B.
MVAC-like appliance means a mechanical vapor compression, open-drive
compressor appliance with a full charge of 20 pounds or less of
refrigerant used to cool the driver's or passenger's compartment of off-
road vehicles or equipment. This includes, but is not limited to, the
air-conditioning equipment found on agricultural or construction
vehicles. This definition is not intended to cover appliances using R-22
refrigerant.
Normal operating characteristics and conditions means appliance
operating temperatures, pressures, fluid flows,
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speeds, and other characteristics, including full charge of the
appliance, that would be expected for a given process load and ambient
condition during normal operation. Normal operating characteristics and
conditions are marked by the absence of atypical conditions affecting
the operation of the appliance.
One-time expansion device means an appliance that relies on the
release of its refrigerant charge to the environment in order to provide
a cooling effect. These are typically single releases but could also
include products that are designed to release refrigerant to the
environment through multiple individual charges.
Opening an appliance means any maintenance, service, repair, or
disposal of an appliance that would release any refrigerant in the
appliance to the atmosphere. Connecting and disconnecting hoses and
gauges to measure pressures, add refrigerant, or recover refrigerant
from the appliance are not considered ``opening an appliance.''
Parent company means an individual, corporation, partnership,
association, joint-stock company, or an unincorporated organization that
can direct or cause the direction of management and policies of another
entity, through the ownership of shares or otherwise.
Person means any individual or legal entity, including an
individual, corporation, partnership, association, state, municipality,
political subdivision of a state, Indian tribe, and any agency,
department, or instrumentality of the United States, and any officer,
agent, or employee thereof.
Process stub means a length of tubing that provides access to the
refrigerant inside a small appliance or room air conditioner and that
can be resealed at the conclusion of repair or service.
Reclaim means to reprocess recovered refrigerant to all of the
specifications in appendix A of this subpart (based on AHRI Standard
700-2016, Specifications for Refrigerants) that are applicable to that
refrigerant and to verify that the refrigerant meets these
specifications using the analytical methodology prescribed in section 5
of appendix A of this subpart.
Recover means to remove refrigerant in any condition from an
appliance and to store it in an external container without necessarily
testing or processing it in any way.
Recovery efficiency means the percentage of refrigerant in an
appliance that is recovered by a piece of recovery and/or recycling
equipment.
Recycle, when referring to refrigerant, means to extract refrigerant
from an appliance (except MVACs) and clean it for reuse in equipment of
the same owner without meeting all of the requirements for reclamation.
In general, recycled refrigerant is cleaned using oil separation and
single or multiple passes through devices, such as replaceable core
filter-driers, which reduce moisture, acidity, and particulate matter.
Refrigerant means, for purposes of this subpart, any substance,
including blends and mixtures, consisting in part or whole of a class I
or class II ozone-depleting substance or substitute that is used for
heat transfer purposes and provides a cooling effect.
Refrigerant circuit means the parts of an appliance that are
normally connected to each other (or are separated only by internal
valves) and are designed to contain refrigerant.
Retire, when referring to an appliance, means the removal of the
refrigerant and the disassembly or impairment of the refrigerant circuit
such that the appliance as a whole is rendered unusable by any person in
the future.
Retrofit means to convert an appliance from one refrigerant to
another refrigerant. Retrofitting includes the conversion of the
appliance to achieve system compatibility with the new refrigerant and
may include, but is not limited to, changes in lubricants, gaskets,
filters, driers, valves, o-rings or appliance components.
Seasonal variance means the removal of refrigerant from an appliance
due to a change in ambient conditions caused by a change in season,
followed by the subsequent addition of an amount that is less than or
equal to the amount of refrigerant removed in the prior
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change in season, where both the removal and addition of refrigerant
occurs within one consecutive 12-month period.
Self-contained recovery equipment means refrigerant recovery and/or
recycling equipment that is capable of removing the refrigerant from an
appliance without the assistance of components contained in the
appliance.
Self-sealing valve means a valve affixed to a container of
refrigerant that automatically seals when not dispensing refrigerant and
meets or exceeds established performance criteria as identified in Sec.
82.154(c)(2).
Small appliance means any appliance that is fully manufactured,
charged, and hermetically sealed in a factory with five (5) pounds or
less of refrigerant, including, but not limited to, refrigerators and
freezers (designed for home, commercial, or consumer use), medical or
industrial research refrigeration equipment, room air conditioners
(including window air conditioners, portable air conditioners, and
packaged terminal air heat pumps), dehumidifiers, under-the-counter ice
makers, vending machines, and drinking water coolers.
Substitute means any chemical or product, whether existing or new,
that is used as a refrigerant to replace a class I or II ozone-depleting
substance. Examples include, but are not limited to hydrofluorocarbons,
perfluorocarbons, hydrofluoroolefins, hydrofluoroethers, hydrocarbons,
ammonia, carbon dioxide, and blends thereof. As used in this subpart,
the term ``exempt substitutes'' refers to certain substitutes when used
in certain end-uses that are specified in Sec. 82.154(a)(1) as exempt
from the venting prohibition and the requirements of this subpart, and
the term ``non-exempt substitutes'' refers to all other substitutes and
end-uses not so specified in Sec. 82.154(a)(1).
System-dependent recovery equipment means refrigerant recovery
equipment that requires the assistance of components contained in an
appliance to remove the refrigerant from the appliance.
System receiver means the isolated portion of the appliance, or a
specific vessel within the appliance, that is used to hold the
refrigerant charge during the servicing or repair of that appliance.
Technician means any person who in the course of maintenance,
service, or repair of an appliance (except MVACs) could be reasonably
expected to violate the integrity of the refrigerant circuit and
therefore release refrigerants into the environment. Technician also
means any person who in the course of disposal of an appliance (except
small appliances, MVACs, and MVAC-like appliances) could be reasonably
expected to violate the integrity of the refrigerant circuit and
therefore release refrigerants from the appliances into the environment.
Activities reasonably expected to violate the integrity of the
refrigerant circuit include but are not limited to: Attaching or
detaching hoses and gauges to and from the appliance; adding or removing
refrigerant; adding or removing components; and cutting the refrigerant
line. Activities such as painting the appliance, rewiring an external
electrical circuit, replacing insulation on a length of pipe, or
tightening nuts and bolts are not reasonably expected to violate the
integrity of the refrigerant circuit. Activities conducted on appliances
that have been properly evacuated pursuant to Sec. 82.156 are not
reasonably expected to release refrigerants unless the activity includes
adding refrigerant to the appliance. Technicians could include but are
not limited to installers, contractor employees, in-house service
personnel, and owners and/or operators of appliances.
Very high-pressure appliance means an appliance that uses a
refrigerant with a critical temperature below 104 [deg]F or with a
liquid phase saturation pressure above 355 psia at 104 [deg]F. Examples
include but are not limited to appliances using R-13, R-23, R-503, R-
508A, and R-508B.
[58 FR 28712, May 14, 1993, as amended at 59 FR 42956, Aug. 19, 1994; 59
FR 55925, Nov. 9, 1994; 60 FR 40439, Aug. 8, 1995; 68 FR 43806, July 24,
2003; 69 FR 11978, Mar. 12, 2004; 70 FR 1991, Jan. 11, 2005; 70 FR
19278, Apr. 13, 2005; 81 FR 82349, Nov. 18, 2016]
Sec. 82.154 Prohibitions.
(a) Venting prohibition. (1) No person maintaining, servicing,
repairing, or
[[Page 133]]
disposing of an appliance or industrial process refrigeration may
knowingly vent or otherwise release into the environment any refrigerant
from such appliances. Notwithstanding any other provision of this
subpart, the following substitutes in the following end-uses are exempt
from this prohibition and from the requirements of this subpart:
(i) Carbon dioxide in any application;
(ii) Nitrogen in any application;
(iii) Water in any application;
(iv) Ammonia in commercial or industrial process refrigeration or in
absorption units;
(v) Chlorine in industrial process refrigeration (processing of
chlorine and chlorine compounds);
(vi) Hydrocarbons in industrial process refrigeration (processing of
hydrocarbons);
(vii) Ethane (R-170) in very low temperature refrigeration equipment
and equipment for non-mechanical heat transfer;
(viii) Propane (R-290) in retail food refrigerators and freezers
(stand-alone units only); household refrigerators, freezers, and
combination refrigerators and freezers; self-contained room air
conditioners for residential and light commercial air-conditioning and
heat pumps; vending machines; and effective January 3, 2017, self-
contained commercial ice machines, very low temperature refrigeration
equipment, and water coolers;
(ix) Isobutane (R-600a) in retail food refrigerators and freezers
(stand-alone units only); household refrigerators, freezers, and
combination refrigerators and freezers; and vending machines;
(x) R-441A in retail food refrigerators and freezers (stand-alone
units only); household refrigerators, freezers, and combination
refrigerators and freezers; self-contained room air conditioners for
residential and light commercial air-conditioning; heat pumps; and
vending machines.
(2) De minimis releases associated with good faith attempts to
recycle or recover refrigerants are not subject to this prohibition.
Except for exempt substitutes, refrigerant releases are de minimis only
if they occur when:
(i) The applicable practices in Sec. Sec. 82.155 and 82.156 are
observed, the applicable practices in Sec. 82.157 are observed for
appliances that contain any class I or class II refrigerant or blend
containing a class I or class II refrigerant, recovery and/or recycling
machines that meet the requirements in Sec. 82.158 are used whenever
refrigerant is removed from an appliance, the technician certification
provisions in Sec. 82.161 are observed, and the reclamation
requirements in Sec. 82.164 are observed; or
(ii) The requirements in subpart B of this part are observed.
(3) The knowing release of a class I or class II refrigerant or a
non-exempt substitute refrigerant after its recovery from an appliance
is a violation of the venting prohibition.
(b) No person may maintain, service, repair, or dispose of an
appliance containing a class I or class II refrigerant or a non-exempt
substitute refrigerant without:
(1) Observing the applicable practices in Sec. 82.155, Sec.
82.156, and Sec. 82.157; and
(2) Using recovery and/or recycling equipment that is certified for
that type of refrigerant and appliance under Sec. 82.158.
(c) Sales Restriction. (1) No person may sell or distribute, or
offer for sale or distribution, any substance that consists in whole or
in part of a class I or class II substance or, starting on January 1,
2018, any non-exempt substitute for use as a refrigerant unless:
(i) The buyer has been certified as a Type I, Type II, Type III, or
Universal technician under Sec. 82.161;
(ii) The buyer employs at least one technician who is certified as a
Type I, Type II, Type III, or Universal technician under Sec. 82.161
and provides proof of such to the seller;
(iii) The buyer has been certified in accordance with 40 CFR part
82, subpart B and the refrigerant is acceptable for use in MVACs under
40 CFR part 82, subpart G;
(iv) The buyer employs at least one person who is certified under 40
CFR part 82, subpart B, and provides proof of such to the seller and the
refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart
G. Nothing in this provision relieves persons of the requirements of
Sec. 82.34(b) or Sec. 82.42(b);
(v) The refrigerant is sold only for eventual resale to persons
certified under Sec. 82.161 or 40 CFR part 82, subpart
[[Page 134]]
B or to appliance manufacturers (e.g., sold by a manufacturer to a
wholesaler, sold by a technician to a reclaimer);
(vi) The refrigerant is sold to an appliance manufacturer;
(vii) The refrigerant is contained in an appliance with a fully
assembled refrigerant circuit or an appliance component;
(viii) The refrigerant is charged into an appliance by a certified
technician or an apprentice during maintenance, service, or repair of
the appliance; or
(ix) The non-exempt substitute refrigerant is intended for use in an
MVAC and is sold in a container designed to hold two pounds or less of
refrigerant, has a unique fitting, and, if manufactured or imported on
or after January 1, 2018, has a self-sealing valve that complies with
the requirements of paragraph (c)(2) of this section.
(2) Self-sealing valve specifications. This provision applies
starting January 1, 2018, for all containers holding two pounds or less
of non-exempt substitute refrigerant for use in an MVAC that are
manufactured or imported on or after that date.
(i) Each container holding two pounds or less of non-exempt
substitute refrigerant for use in an MVAC must be equipped with a single
self-sealing valve that automatically closes and seals when not
dispensing refrigerant.
(ii) The leakage rate from each container must not exceed 3.00 grams
per year when the self-sealing valve is closed. This leakage rate
applies to new, full containers as well as containers that may be
partially full.
(iii) The leakage rate must be determined using the standards
described in appendix E (incorporated by reference, see Sec. 82.168).
(iv) All testing to demonstrate compliance with this paragraph must
be conducted by an independent test laboratory in the United States. For
purposes of this requirement, an independent test laboratory is one that
is not owned, operated, or affiliated with the applicant certifying
equipment and/or products.
(3) Recordkeeping. (i) Persons who sell or distribute, or offer to
sell or distribute, any class I or class II refrigerant, or, starting on
January 1, 2018, any non-exempt substitute refrigerant must keep
invoices that indicate the name of the purchaser, the date of sale, and
the quantity of refrigerant purchased unless they are selling exempt
substitutes (those substitutes used in the end-uses specified as exempt
in paragraph (a)(1) of this section) or small cans of MVAC refrigerant
in accordance with paragraph (c)(1)(ix) of this section. In instances
where the buyer employs a person certified under Sec. 82.161 or 40 CFR
part 82, subpart B, the seller must keep the documentation provided by
the buyer to demonstrate such employment. All records must be kept for
three years.
(ii) Electronic or paper copies of all records described in appendix
E must be maintained by manufacturers of containers holding two pounds
or less of non-exempt substitute refrigerant for use in an MVAC to
verify self-sealing valves meet the requirements specified in paragraph
(c)(2) of this section. All records must be kept for three years after
each purchase.
(d) Sale of Used Refrigerant. No person may sell or distribute, or
offer for sale or distribution, for use as a refrigerant any class I or
class II substance or non-exempt substitute consisting wholly or in part
of used refrigerant unless the refrigerant:
(1) Has been reclaimed by a person who has been certified as a
reclaimer under Sec. 82.164;
(2) was used only in an MVAC or MVAC-like appliance and is to be
used only in an MVAC or MVAC-like appliance and recycled in accordance
with 40 CFR part 82, subpart B;
(3) is contained in an appliance that is sold or offered for sale
together with a fully assembled refrigerant circuit;
(4) is being transferred between or among a parent company and one
or more of its subsidiaries, or between or among subsidiaries having the
same parent company; or
(5) is being transferred between or among a Federal agency or
department and a facility or facilities owned by the same Federal agency
or department.
(e) Manufacture and Sale of Appliances. (1) No person may sell or
distribute, or offer for sale or distribution, any appliance (except
small appliances and appliances containing only
[[Page 135]]
refrigerants that have been exempted under paragraph (a)(1) of this
section) unless it is equipped with a servicing aperture to facilitate
the removal of refrigerant at servicing and disposal.
(2) No person may sell or distribute, or offer for sale or
distribution, any small appliance (except appliances containing only
refrigerants that have been exempted under paragraph (a)(1) of this
section) unless it is equipped with a process stub to facilitate the
removal of refrigerant at servicing and disposal.
(f) One-time expansion devices. No person may manufacture or import
a one-time expansion device unless the only refrigerants it contains
have been exempted under paragraph (a)(1) of this section.
(g) Rules stayed for consideration. Notwithstanding any other
provisions of this subpart, the effectiveness of 40 CFR 82.154(c), only
as it applies to refrigerant contained in appliances without fully
assembled refrigerant circuits, is stayed from April 27, 1995, until EPA
takes final action on its reconsideration of these provisions. EPA will
publish any such final action in the Federal Register.
[81 FR 82352, Nov. 18, 2016, as amended at 81 FR 86881, Dec. 1, 2016; 82
FR 61184, Dec. 27, 2017; 85 FR 14171, Apr. 10, 2020]
Sec. 82.155 Safe disposal of appliances.
Until January 1, 2018, this section applies only to disposal of
appliances containing class I and class II refrigerants. Starting on
January 1, 2018, this section applies to disposal of appliances
containing any class I or class II refrigerant or any non-exempt
substitute refrigerant.
(a) Persons recovering refrigerant from a small appliance, MVAC, or
MVAC-like appliance for purposes of disposal of these appliances must
evacuate refrigerant to the levels in Sec. 82.156(b) through (d) using
recovery equipment that meets the standards in Sec. 82.158(e) through
(g), or 40 CFR part 82 subpart B, as applicable.
(b) The final processor--i.e., persons who take the final step in
the disposal process (including but not limited to scrap recyclers and
landfill operators) of a small appliance, MVAC, or MVAC-like appliance--
must either:
(1) Recover any remaining refrigerant from the appliance in
accordance with paragraph (a) of this section; or
(2) Verify using a signed statement or a contract that all
refrigerant that had not leaked previously has been recovered from the
appliance or shipment of appliances in accordance with paragraph (a) of
this section. If using a signed statement, it must include the name and
address of the person who recovered the refrigerant and the date the
refrigerant was recovered. If using a signed contract between the
supplier and the final processor, it must either state that the supplier
will recover any remaining refrigerant from the appliance or shipment of
appliances in accordance with paragraph (a) of this section prior to
delivery or verify that the refrigerant had been properly recovered
prior to receipt by the supplier.
(i) It is a violation of this subpart to accept a signed statement
or contract if the person receiving the statement or contract knew or
had reason to know that the signed statement or contract is false.
(ii) The final processor must notify suppliers of appliances that
refrigerant must be properly recovered in accordance with paragraph (a)
of this section before delivery of the items to the facility. The form
of this notification may be signs, letters to suppliers, or other
equivalent means.
(iii) If all the refrigerant has leaked out of the appliance, the
final processor must obtain a signed statement that all the refrigerant
in the appliance had leaked out prior to delivery to the final processor
and recovery is not possible. ``Leaked out'' in this context means those
situations in which the refrigerant has escaped because of system
failures, accidents, or other unavoidable occurrences not caused by a
person's negligence or deliberate acts such as cutting refrigerant
lines.
(c) Recordkeeping. The final processor of a small appliance, MVAC,
or MVAC-like appliance must keep a copy of all the signed statements or
contracts obtained under paragraph (b)(2) of this section on site, in
hard copy or in electronic format, for three years.
[81 FR 82353, Nov. 18, 2016]
[[Page 136]]
Sec. 82.156 Proper evacuation of refrigerant from appliances.
Until January 1, 2018, this section applies only to evacuation of
refrigerant from appliances containing class I or class II refrigerants.
Starting on January 1, 2018, this section applies to evacuation of
refrigerant from appliances containing any class I or class II
refrigerant or any non-exempt substitute refrigerant, excluding
paragraph (i) of this section which applies only to appliances
containing class I or class II refrigerants until January 1, 2019.
Starting January 1, 2019, the provisions in Sec. 82.157 apply in lieu
of paragraph (i) of this section.
(a) Appliances (except small appliances, MVACs, and MVAC-like
appliances). Before opening appliances (except small appliances, MVACs,
and MVAC-like appliances) or disposing of such appliances, technicians
must evacuate the refrigerant, including all the liquid refrigerant, to
the levels in Table 1 using a recovery and/or recycling machine
certified pursuant to Sec. 82.158 unless the situations in paragraphs
(a)(1) or (2) of this section apply. Technicians may evacuate either the
entire appliance or the part to be serviced, if the refrigerant in the
part can be isolated to a system receiver. A technician must verify that
the applicable level of evacuation has been reached in the appliance or
the part before it is opened.
(1) If evacuation of the appliance to the atmosphere is not to be
performed after completion of the maintenance, service, or repair, and
if the maintenance, service, or repair is not major as defined at Sec.
82.152, the appliance must:
(i) Be evacuated to a pressure no higher than 0 psig before it is
opened if it is a medium-, high- or very high-pressure appliance;
(ii) Be pressurized to a pressure no higher than 0 psig before it is
opened if it is a low-pressure appliance. Persons must cover openings
when isolation is not possible. Persons pressurizing low-pressure
appliances that use refrigerants with boiling points at or below 85
degrees Fahrenheit at 29.9 inches of mercury (standard atmospheric
pressure), must not use methods such as nitrogen that require subsequent
purging. Persons pressurizing low-pressure appliances that use
refrigerants with boiling points above 85 degrees Fahrenheit at 29.9
inches of mercury, 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; or
(iii) For the purposes of oil changes, be evacuated or pressurized
to a pressure no higher than 5 psig, before it is opened; or drain the
oil into a system receiver to be evacuated or pressurized to a pressure
no higher than 5 psig.
(2) If leaks in the appliance make evacuation to the levels in Table
1 unattainable or would substantially contaminate the refrigerant being
recovered, persons opening or disposing of the appliance must:
(i) Isolate leaking from non-leaking components wherever possible;
(ii) Evacuate non-leaking components to be opened or disposed of to
the levels specified in Table 1; and
(iii) Evacuate leaking components to be opened or disposed of to the
lowest level that can be attained without substantially contaminating
the refrigerant. This level may not exceed 0 psig.
(3) Recordkeeping. As of January 1, 2018, technicians evacuating
refrigerant from appliances with a full charge of more than 5 and less
than 50 pounds of refrigerant for purposes of disposal of that appliance
must keep records documenting the following for three years:
(i) The company name, location of the appliance, date of recovery,
and type of refrigerant recovered for each appliance;
(ii) The total quantity of refrigerant, by type, recovered from all
disposed appliances in each calendar month; and
(iii) The quantity of refrigerant, by type, transferred for
reclamation and/or destruction, the person to whom it was transferred,
and the date of transfer.
[[Page 137]]
Table 1--Required Levels of Evacuation for Appliances
[Except for small appliances, MVACs, and MVAC-like appliances]
----------------------------------------------------------------------------------------------------------------
Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9
inches Hg)
-------------------------------------------------------------------------
Type of appliance Using recovery and/or recycling Using recovery and/or recycling
equipment manufactured or imported equipment manufactured or imported
before November 15, 1993 on or after November 15, 1993
----------------------------------------------------------------------------------------------------------------
Very high-pressure appliance.......... 0.................................. 0.
High-pressure appliance, or isolated 0.................................. 0.
component of such appliance, with a
full charge of less than 200 pounds
of refrigerant.
High-pressure appliance, or isolated 4.................................. 10.
component of such appliance, with a
full charge of 200 pounds or more of
refrigerant.
Medium-pressure appliance, or isolated 4.................................. 10.
component of such appliance, with a
full charge of less than 200 pounds
of refrigerant.
Medium-pressure appliance, or isolated 4.................................. 15.
component of such appliance, with a
full charge of 200 pounds or more of
refrigerant.
Low-pressure appliance................ 25 mm Hg absolute.................. 25 mm Hg absolute.
----------------------------------------------------------------------------------------------------------------
(b) Small appliances. Before opening a small appliance or when
disposing of a small appliance, persons must recover refrigerant, using
a recovery and/or recycling machine certified pursuant to Sec. 82.158,
according to the following conditions:
(1) When using recovery equipment manufactured before November 15,
1993, recover 80 percent of the refrigerant in the small appliance; or
(2) When using recovery equipment manufactured on or after November
15, 1993, recover 90 percent of the refrigerant in the appliance when
the compressor in the appliance is functioning, or 80 percent of the
refrigerant in the appliance when the compressor in the appliance is not
functioning; or
(3) Evacuate the appliance to four inches of mercury vacuum.
(c) MVAC-like appliances. Persons may only open MVAC-like appliances
while properly using, as defined at Sec. 82.32(e), recovery and/or
recycling equipment certified pursuant to Sec. 82.158(f) or Sec.
82.36, as applicable. All persons recovering refrigerant from MVAC-like
appliances for purposes of disposal of these appliances must evacuate
the appliance in accordance with 40 CFR part 82, subpart B or reduce the
system pressure to or below 102 mm of mercury vacuum.
(d) MVACs. All persons recovering refrigerant from MVACs for
purposes of disposal of these appliances must evacuate the appliance in
accordance with 40 CFR part 82, subpart B or reduce the system pressure
to or below 102 mm of mercury vacuum.
(e) System-dependent equipment may not be used with appliances with
a full charge of more than 15 pounds of refrigerant, unless the system-
dependent equipment is permanently attached to the appliance as a pump-
out unit.
(f) Persons who maintain, service, repair, or dispose of only
appliances that they own and that contain pump-out units are exempt from
the requirement to use certified, self-contained recovery and/or
recycling equipment.
(g) All recovery and/or recycling equipment must be used in
accordance with the manufacturer's directions unless such directions
conflict with the requirements of this subpart.
(h) Refrigerant may be returned to the appliance from which it is
recovered or to another appliance owned by the same person without being
recycled or reclaimed, unless the appliance is an MVAC or MVAC-like
appliance.
(i) The provisions in this paragraph (i) apply to owners and
operators of appliances containing 50 or more pounds of class I and
class II refrigerants only until January 1, 2019. The definitions in
paragraph (j) of this section apply for purposes of this paragraph (i)
in lieu of the definitions in Sec. 82.152.
(1) Owners or operators of commercial refrigeration equipment
normally containing more than 50 pounds of refrigerant must have leaks
repaired in
[[Page 138]]
accordance with paragraph (i)(9) of this section, if the appliance 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 paragraphs (i)(6), (i)(8), and (i)(10) of this section and
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
Repairs must bring the annual leak rate to below 35 percent.
(i) If the owners or operators of the federally-owned commercial
refrigerant appliances determine that the leaks cannot be repaired in
accordance with paragraph (i)(9) of this section and that an extension
in accordance with the requirements discussed in this paragraph
(i)(1)(i) of this section apply, they must document all repair efforts,
and notify EPA of their inability to comply within the 30-day repair
requirement, and the reason for the inability must be submitted to EPA
in accordance with Sec. 82.166(n). Such notification must be made
within 30 days of discovering the leaks. EPA will determine if the
extension requested in accordance with the requirements discussed in
paragraph (i)(1)(i) of this section is justified. If the extension is
not justified, EPA will notify the owner/operator within 30 days of
receipt of the notification.
(ii) Owners or operators of federally-owned commercial refrigeration
equipment may have more than 30 days to repair leaks if the
refrigeration appliance is located in an area subject to radiological
contamination or where the shutting down of the appliance will directly
lead to radiological contamination. Only the additional time needed to
conduct and complete repairs in a safe working environment will be
permitted.
(iii) Owners or operators of federally-owned commercial
refrigeration equipment requesting or who are granted time extensions
under this paragraph must comply with paragraphs (i)(3) and (i)(4) of
this section.
(2) The owners or operators of industrial process refrigeration
equipment normally containing more than 50 pounds of refrigerant must
have leaks repaired if the appliance is leaking at a rate such that the
loss of refrigerant will exceed 35 percent of the total charge during a
12-month period in accordance with paragraph (i)(9) of this section,
except as described in paragraphs (i)(6), (i)(7) and (i)(10) of this
section, and paragraphs (i)(2)(i) and (i)(2)(ii) of this section.
Repairs must bring annual leak rates to below 35 percent during a 12-
month period. If the owners or operators of the industrial process
refrigeration equipment determine that the leak rate cannot be brought
to below 35 percent during a 12-month period within 30 days (or 120
days, where an industrial process shutdown in accordance with paragraph
(i)(2)(ii) of this section is required,) and in accordance with
paragraph (i)(9) of this section, and that an extension in accordance
with the requirements discussed in this paragraph apply, the owners or
operators of the appliance must document all repair efforts, and notify
EPA of the reason for the inability in accordance with Sec. 82.166(n)
within 30 days of making this determination. Owners or operators who
obtain an extension pursuant to this section or elect to utilize the
additional time provided in paragraph (i)(2)(i) of this section, must
conduct all necessary leak repairs, if any, that do not require any
additional time beyond the initial 30 or 120 days.
(i) The owners or operators of industrial process refrigeration
equipment are permitted more than 30 days (or 120 days where an
industrial process shutdown in accordance with paragraph (i)(2)(ii) of
this section is required) to repair leaks, if the necessary parts are
unavailable or if requirements of other applicable federal, state, or
local regulations make a repair within 30 or 120 days impossible. Only
the additional time needed to receive delivery of the necessary parts or
to comply with the pertinent regulations will be permitted.
(ii) Owners or operators of industrial process refrigeration
equipment will have a 120-day repair period, rather than a 30-day repair
period, to repair leaks in instances where an industrial process
shutdown is needed to repair a leak or leaks from industrial process
refrigeration equipment.
(3) Owners or operators of industrial process refrigeration
equipment and owners or operators of federally-owned
[[Page 139]]
commercial refrigeration equipment or of federally-owned comfort cooling
appliances who are granted additional time under paragraphs (i)(1) or
(i)(5) of this section, must have repairs performed in a manner that
sound professional judgment indicates will bring the leak rate below the
applicable allowable leak rate. When an industrial process shutdown has
occurred or when repairs have been made while an appliance is
mothballed, the owners or operators shall conduct an initial
verification test at the conclusion of the repairs and a follow-up
verification test. The follow-up verification test shall be conducted
within 30 days of completing the repairs or within 30 days of bringing
the appliance back on-line, if taken off-line, but no sooner than when
the appliance has achieved normal operating characteristics and
conditions. When repairs have been conducted without an industrial
process shutdown or system mothballing, an initial verification test
shall be conducted at the conclusion of the repairs, and a follow-up
verification test shall be conducted within 30 days of the initial
verification test. In all cases, the follow-up verification test shall
be conducted at normal operating characteristics and conditions, unless
sound professional judgment indicates that tests performed at normal
operating characteristics and conditions will produce less reliable
results, in which case the follow-up verification test shall be
conducted at or near the normal operating pressure where practicable,
and at or near the normal operating temperature where practicable.
(i) If the owners or operators of industrial process refrigeration
equipment takes the appliance off-line, or if the owners or operators of
federally-owned commercial refrigeration or of federally-owned comfort
cooling appliances who are granted additional time under paragraphs
(i)(1) or (i)(5) of this section take the appliance off-line, they
cannot bring the appliance back on-line until an initial verification
test indicates that the repairs undertaken in accordance with paragraphs
(i)(1)(i), (ii), (iii), or (i)(2)(i) and (ii), or (5)(i), (ii), and
(iii) of this section have been successfully completed, demonstrating
the leak or leaks are repaired. The owners or operators of the
industrial process refrigeration equipment, federally-owned commercial
refrigeration appliances, or federally-owned comfort cooling appliances
are exempted from this requirement only where the owners or operators
will retrofit or retire the industrial process refrigeration equipment,
federally-owned commercial refrigeration appliance, or federally-owned
comfort cooling appliance in accordance with paragraph (i)(6) of this
section. Under this exemption, the owner or operators may bring the
industrial process refrigeration equipment, federally-owned commercial
refrigeration appliance, or federally-owned comfort cooling appliance
back on-line without successful completion of an initial verification
test.
(ii) If the follow-up verification test indicates that the repairs
to industrial process refrigeration equipment, federally-owned
commercial refrigeration equipment, or federally-owned comfort cooling
appliances have not been successful, the owner or operator must retrofit
or retire the equipment in accordance with paragraph (i)(6) and any such
longer time period as may apply under paragraphs (i)(7)(i), (ii) and
(iii) or (i)(8)(i) and (ii) of this section. The owners and operators of
the industrial process refrigeration equipment, federally-owned
commercial refrigeration equipment, or federally-owned comfort cooling
appliances are relieved of this requirement if the conditions of
paragraphs (i)(3)(iv) and/or (i)(3)(v) of this section are met.
(iii) The owner or operator of industrial process refrigeration
equipment that fails a follow-up verification test must notify EPA
within 30 days of the failed follow-up verification test in accordance
with Sec. 82.166(n).
(iv) The owner or operator is relieved of the obligation to retrofit
or replace the industrial process refrigeration equipment as discussed
in paragraph (i)(6) of this section if second repair efforts to fix the
same leaks that were the subject of the first repair efforts are
successfully completed within 30 days or 120 days where an industrial
process shutdown is required, after the initial failed follow-up
verification
[[Page 140]]
test. The second repair efforts are subject to the same verification
requirements of paragraphs (i)(3), (i)(3) (i) and (ii) of this section.
The owner or operator is required to notify EPA within 30 days of the
successful follow-up verification test in accordance with Sec.
82.166(n) and the owner or operator is no longer subject to the
obligation to retrofit or replace the appliance that arose as a
consequence of the initial failure to verify that the leak repair
efforts were successful.
(v) The owner or operator of industrial process refrigeration
equipment is relieved of the obligation to retrofit or replace the
equipment in accordance with paragraph (i)(6) of this section if within
180 days of the initial failed follow-up verification test, the owner or
operator establishes that the appliance's annual leak rate does not
exceed the applicable allowable annual leak rate, in accordance with
paragraph (i)(4) of this section. If the appliance's owner or operator
establishes that the appliance's annual leak rate does not exceed the
applicable allowable annual leak rate, the owner or operator is required
to notify EPA within 30 days of that determination in accordance with
Sec. 82.166(n) and the owner or operator would no longer be subject to
the obligation to retrofit or replace the equipment that arose as a
consequence of the initial failure to verify that the leak repair
efforts were successful.
(4) In the case of a failed follow-up verification test subject to
paragraph (i)(3)(v) of this section, the determination of whether
industrial process refrigeration equipment has an annual leak rate that
exceeds the applicable allowable annual leak rate will be made in
accordance with parameters identified by the owner or operator in its
notice to EPA regarding the failure of the initial follow-up
verification test, if those parameters are acceptable to EPA; otherwise
by parameters selected by EPA. The determination must be based on the
full charge for the affected industrial process refrigeration equipment.
The leak rate determination parameters in the owner's or operator's
notice will be considered acceptable unless EPA notifies the owners or
operators within 30 days of receipt of the notice. Where EPA does not
accept the parameters identified by the owner or operator in its notice,
EPA will not provide additional time beyond the additional time
permitted in paragraph (i)(3)(v) of this section unless specifically
stated in the parameters selected by EPA.
(5) Owners or operators of comfort cooling appliances normally
containing more than 50 pounds of refrigerant and not covered by
paragraph (i)(1) or (i)(2) of this section must have leaks repaired in
accordance with paragraph (i)(9) of this section if the appliance is
leaking at a rate such that the loss of refrigerant will exceed 15
percent of the total charge during a 12-month period, except as
described in paragraphs (i)(6), (i)(8) and (i)(10) of this section and
paragraphs (i)(5)(i), (i)(5)(ii) and (i)(5)(iii) of this section.
Repairs must bring the annual leak rate to below 15 percent.
(i) If the owners or operators of federally-owned comfort-cooling
appliances determine that the leaks cannot be repaired in accordance
with paragraph (i)(9) of this section and that an extension in
accordance with the requirements discussed in paragraph (i)(5) of this
section apply, they must document all repair efforts, and notify EPA of
their inability to comply within the 30-day repair requirement, and the
reason for the inability must be submitted to EPA in accordance with
Sec. 82.166(n). Such notification must be made within 30 days of
discovering that leak repair efforts cannot be completed within 30 days.
(ii) Owners or operators of federally-owned comfort-cooling
appliances may have more than 30 days to repair leaks where the
refrigeration appliance is located in an area subject to radiological
contamination or where the shutting down of the appliance will directly
lead to radiological contamination. Only the additional time needed to
conduct and complete work in a safe environment will be permitted.
(iii) Owners or operators of federally-owned comfort-cooling
appliances requesting, or who are granted, time extensions under this
paragraph must comply with paragraphs (i)(3) and (i)(4) of this section.
(6) Owners or operators are not required to repair leaks as provided
in
[[Page 141]]
paragraphs (i)(1), (i)(2), and (i)(5) of this section if, within 30 days
of discovering a leak greater than the applicable allowable leak rate,
or within 30 days of a failed follow-up verification test, or after
making good faith efforts to repair the leaks as described in paragraph
(i)(6)(i) of this section, they develop a one-year retrofit or
retirement plan for the leaking appliance. Owners or operators who
decide to retrofit the appliance must use a refrigerant or substitute
with a lower or equivalent ozone-depleting potential than the previous
refrigerant and must include such a change in the retrofit plan. Owners
or operators who retire and replace the appliance must replace the
appliance with an appliance that uses a refrigerant or substitute with a
lower or equivalent ozone-depleting potential and must include such a
change in the retirement plan. The retrofit or retirement plan (or a
legible copy) must be kept at the site of the appliance. The original
plan must be made available for EPA inspection upon request. The plan
must be dated, and all work performed in accordance with the plan must
be completed within one year of the plan's date, except as described in
paragraphs (i)(6)(i), (i)(7), and (i)(8) of this section. Owners or
operators are temporarily relieved of this obligation if the appliance
has undergone system mothballing as defined in Sec. 82.152.
(i) If the owner or operator has made good faith efforts to repair
leaks from the appliance in accordance with paragraphs (i)(1), (i)(2),
or (i)(5) of this section and has decided prior to completing a follow-
up verification test, to retrofit or retire the appliance in accordance
with paragraph (i)(6) of this section, the owner or operator must
develop a retrofit or retirement plan within 30 days of the decision to
retrofit or retire the appliance. The owner or operator must complete
the retrofit or retirement of the appliance within one year and 30 days
of when the owner or operator discovered that the leak rate exceeded the
applicable allowable leak rate, except as provided in paragraphs (i)(7)
and (i)(8) of this section.
(ii) In all cases, subject to paragraph (i)(6)(i) of this section,
the written plan shall be prepared no later than 30 days after the owner
or operator has determined to proceed with retrofitting or retiring the
appliance. All reports required under Sec. 82.166(o) shall be due at
the time specified in the paragraph imposing the specific reporting
requirement, or no later than 30 days after the decision to retrofit or
retire the appliance, whichever is later.
(iii) In cases where the owner or operator of industrial process
refrigeration equipment has made good faith efforts to retrofit or
retire industrial process refrigeration equipment prior to August 8,
1995, and where these efforts are not complete, the owner or operator
must develop a retrofit or retirement plan that will complete the
retrofit or retirement of the affected appliance by August 8, 1996. This
plan (or a legible copy) must be kept at the site of the appliance. The
original must be made available for EPA inspection upon request. Where
the conditions of paragraphs (i)(7) and (i)(8) of this section apply,
and where the length of time necessary to complete the work is beyond
August 8, 1996, all records must be submitted to EPA in accordance with
Sec. 82.166(o), as well as maintained on-site.
(7) The owners or operators of industrial process refrigeration
equipment will be allowed additional time to complete the retrofit or
retirement of industrial process refrigeration equipment if the
conditions described in paragraphs (i)(7)(i) or (i)(7)(ii) of this
section are met. The owners or operators of industrial process
refrigeration equipment will be allowed additional time beyond the
additional time provided in paragraph (i)(7)(ii) of this section if the
conditions described in paragraph (i)(7)(iii) of this section are met.
(i) Additional time, to the extent reasonably necessary will be
allowed for retrofitting or retiring industrial process refrigeration
equipment due to delays occasioned by the requirements of other
applicable federal, state, or local laws or regulations, or due to the
unavailability of a suitable replacement refrigerant with a lower ozone
depletion potential. If these circumstances apply, the owner or operator
of the facility must notify EPA within six months after the 30-day
period following the discovery of an exceedance of the 35 percent leak
rate.
[[Page 142]]
Records necessary to allow EPA to determine that these provisions apply
and the length of time necessary to complete the work must be submitted
to EPA in accordance with Sec. 82.166(o), as well as maintained on-
site. EPA will notify the owner or operator of its determination within
60 days of receipt the submittal.
(ii) An additional one-year period beyond the initial one-year
retrofit period is allowed for industrial process refrigeration
equipment where the following criteria are met:
(A) The new or the retrofitted industrial process refrigerant
equipment is custom-built;
(B) The supplier of the appliance or one or more of its critical
components has quoted a delivery time of more than 30 weeks from when
the order is placed;
(C) The owner or operator notifies EPA within six months of the
expiration of the 30-day period following the discovery of an exceedance
of the 35 percent leak rate to identify the owner or operator, describe
the appliance involved, explain why more than one year is needed, and
demonstrate that the first two criteria are met in accordance with Sec.
82.166(o); and
(D) The owner or operator maintains records that are adequate to
allow a determination that the criteria are met.
(iii) The owners or operators of industrial process refrigeration
equipment may request additional time to complete retrofitting or
retiring industrial process refrigeration equipment beyond the
additional one-year period if needed and where the initial additional
one year was granted in accordance with paragraph (i)(7)(ii) of this
section. The request shall be submitted to EPA before the end of the
ninth month of the first additional year and shall include revisions of
information required under Sec. 82.166(o). Unless EPA objects to this
request submitted in accordance with Sec. 82.166(o) within 30 days of
receipt, it shall be deemed approved.
(8) Owners or operators of federally-owned commercial or comfort-
cooling appliances will be allowed an additional year to complete the
retrofit or retirement of the appliances if the conditions described in
paragraph (i)(8)(i) of this section are met, and will be allowed one
year beyond the additional year if the conditions in paragraph
(i)(8)(ii) of this section are met.
(i) Up to one additional one-year period beyond the initial one-year
retrofit period is allowed for such equipment where the following
criteria are met:
(A) Due to complications presented by the federal agency
appropriations and/or procurement process, a delivery time of more than
30 weeks from the beginning of the official procurement process is
quoted, or where the appliance is located in an area subject to
radiological contamination and creating a safe working environment will
require more than 30 weeks;
(B) The operator notifies EPA within six months of the expiration of
the 30-day period following the discovery of an exceedance of the
applicable allowable annual leak rate to identify the operator, describe
the appliance involved, explain why more than one year is needed, and
demonstrate that the first criterion is met in accordance with Sec.
82.166(o); and
(C) The operator maintains records adequate to allow a determination
that the criteria are met.
(ii) The owners or operators of federally-owned commercial or
comfort-cooling appliances may request additional time to complete
retrofitting, replacement or retiring such appliances beyond the
additional one-year period if needed and where the initial additional
one year was granted in accordance with paragraph (i)(8)(i) of this
section. The request shall be submitted to EPA before the end of the
ninth month of the first additional year and shall include revisions of
information earlier submitted as required under Sec. 82.166(o). Unless
EPA objects to this request submitted in accordance with Sec. 82.166(o)
within 30 days of receipt, it shall be deemed approved.
(9) Owners or operators must repair leaks pursuant to paragraphs
(i)(1), (i)(2) and (i)(5) of this section within 30 days after
discovery, or within 30 days after when the leaks should have been
discovered if the owners intentionally shielded themselves from
information
[[Page 143]]
which would have revealed a leak, unless granted additional time
pursuant to Sec. 82.156(i).
(10) The amount of time for owners and operators to complete
repairs, retrofit plans or retrofits/replacements/ retirements under
paragraphs (i)(1), (i)(2), (i)(5), (i)(6), (i)(7), (i)(8), and (i)(9) of
this section is temporarily suspended at the time an appliance is
mothballed as defined in Sec. 82.152. The time for owners and operators
to complete repairs, retrofit plans, or retrofits/replacements will
resume on the day the appliance is brought back on-line and is no longer
considered mothballed. All initial and follow-up verification tests must
be performed in accordance with paragraphs (i)(3), (i)(3)(i), and
(i)(3)(ii) of this section.
(11) In calculating annual leak rates, purged refrigerant that is
destroyed at a verifiable destruction efficiency of 98 percent or
greater will not be counted toward the leak rate. Owners or operators
destroying purged refrigerants must maintain information as set forth in
Sec. 82.166(p)(1) and submit to EPA, within 60 days after the first
time such exclusion is used by that facility, information set forth in
Sec. 82.166(p)(2).
(j) Definitions for the leak repair provisions in 82.156(i). These
definitions are not applicable to any other portion of subpart F other
than 82.156(i). Along with paragraph (i) of this section, the
definitions in this section apply only until January 1, 2019.
Appliance means, for the purposes of paragraph (i) of this section,
any device which contains and uses a refrigerant and which is used for
household or commercial purposes, including any air conditioner,
refrigerator, chiller, or freezer.
Commercial refrigeration means, for the purposes of paragraph (i) of
this section, the refrigeration appliances utilized in the retail food
and cold storage warehouse sectors. Retail food includes the
refrigeration equipment found in supermarkets, convenience stores,
restaurants and other food service establishments. Cold storage includes
the equipment used to store meat, produce, dairy products, and other
perishable goods. All of the equipment contains large refrigerant
charges, typically over 75 pounds.
Critical component means, for the purposes of paragraph (i) of this
section, a component without which industrial process refrigeration
equipment will not function, will be unsafe in its intended environment,
and/or will be subject to failures that would cause the industrial
process served by the refrigeration appliance to be unsafe.
Custom-built means, for the purposes of paragraph (i) of this
section, that the equipment or any of its critical components cannot be
purchased and/or installed without being uniquely designed, fabricated
and/or assembled to satisfy a specific set of industrial process
conditions.
Follow-up verification test means, for the purposes of paragraph (i)
of this section, those tests that involve checking the repairs within 30
days of the appliance's returning to normal operating characteristics
and conditions. Follow-up verification tests for appliances from which
the refrigerant charge has been evacuated means a test conducted after
the appliance or portion of the appliance has resumed operation at
normal operating characteristics and conditions of temperature and
pressure, except in cases where sound professional judgment dictates
that these tests will be more meaningful if performed prior to the
return to normal operating characteristics and conditions. A follow-up
verification test with respect to repairs conducted without evacuation
of the refrigerant charge means a reverification test conducted after
the initial verification test and usually within 30 days of normal
operating conditions. Where an appliance is not evacuated, it is only
necessary to conclude any required changes in pressure, temperature or
other conditions to return the appliance to normal operating
characteristics and conditions.
Full charge means, for the purposes of paragraph (i) of this
section, the amount of refrigerant required for normal operating
characteristics and conditions of the appliance as determined by using
one or a combination of the following four methods:
(i) Use the equipment manufacturer's determination of the correct
full charge for the equipment;
[[Page 144]]
(ii) Determine the full charge by making appropriate calculations
based on component sizes, density of refrigerant, volume of piping, and
other relevant considerations;
(iii) Use actual measurements of the amount of refrigerant added or
evacuated from the appliance; and/or
(iv) Use an established range based on the best available data
regarding the normal operating characteristics and conditions for the
appliance, where the midpoint of the range will serve as the full
charge, and where records are maintained in accordance with Sec.
82.166(q).
Industrial process refrigeration means, for the purposes of
paragraph (i) of this section, complex customized appliances used in the
chemical, pharmaceutical, petrochemical and manufacturing industries.
These appliances are directly linked to the industrial process. This
sector also includes industrial ice machines, appliances used directly
in the generation of electricity, and ice rinks. Where one appliance is
used for both industrial process refrigeration and other applications,
it will be considered industrial process refrigeration equipment if 50
percent or more of its operating capacity is used for industrial process
refrigeration.
Industrial process shutdown means, for the purposes of paragraph (i)
of this section, that an industrial process or facility temporarily
ceases to operate or manufacture whatever is being produced at that
facility.
Initial verification test means, for the purposes of paragraph (i)
of this section, those leak tests that are conducted as soon as
practicable after the repair is completed. An initial verification test,
with regard to the leak repairs that require the evacuation of the
appliance or portion of the appliance, means a test conducted prior to
the replacement of the full refrigerant charge and before the appliance
or portion of the appliance has reached operation at normal operating
characteristics and conditions of temperature and pressure. An initial
verification test with regard to repairs conducted without the
evacuation of the refrigerant charge means a test conducted as soon as
practicable after the conclusion of the repair work.
Leak rate means, for the purposes of paragraph (i) of this section,
the rate at which an appliance is losing refrigerant, measured between
refrigerant charges. The leak rate is expressed in terms of the
percentage of the appliance's full charge that would be lost over a 12-
month period if the current rate of loss were to continue over that
period. The rate is calculated using only one of the following methods
for all appliances located at an operating facility.
(i) Method 1. (A) Step 1. Take the number of pounds of refrigerant
added to the appliance to return it to a full charge and divide it by
the number of pounds of refrigerant the appliance normally contains at
full charge;
(B) Step 2. Take the shorter of the number of days that have passed
since the last day refrigerant was added or 365 days and divide that
number by 365 days;
(C) Step 3. Take the number calculated in Step 1. and divide it by
the number calculated in Step 2.; and
(D) Step 4. Multiply the number calculated in Step 3. by 100 to
calculate a percentage. This method is summarized in the following
formula:
[GRAPHIC] [TIFF OMITTED] TR18NO16.076
(ii) Method 2. (A) Step 1. Take the sum of the quantity of
refrigerant added to the appliance over the previous 365-day period (or
over the period that has passed since leaks in the appliance were last
repaired, if that period is less than one year),
[[Page 145]]
(B) Step 2. Divide the result of Step 1. by the quantity (e.g.,
pounds) of refrigerant the appliance normally contains at full charge,
and
(C) Step 3. Multiply the result of Step 2. by 100 to obtain a
percentage. This method is summarized in the following formula:
[GRAPHIC] [TIFF OMITTED] TR18NO16.077
Normal operating characteristics or conditions means, for the
purposes of paragraph (i) of this section, temperatures, pressures,
fluid flows, speeds and other characteristics that would normally be
expected for a given process load and ambient condition during
operation. Normal operating characteristics and conditions are marked by
the absence of atypical conditions affecting the operation of the
refrigeration appliance.
Normally containing a quantity of refrigerant means, for the
purposes of paragraph (i) of this section, containing the quantity of
refrigerant within the appliance or appliance component when the
appliance is operating with a full charge of refrigerant.
Refrigerant means, for the purposes of paragraph (i) of this
section, any substance consisting in part or whole of a class I or class
II ozone-depleting substance that is used for heat transfer purposes and
provides a cooling effect.
Substitute means, for the purposes of paragraph (i) of this section,
any chemical or product, whether existing or new, that is used by any
person as an EPA approved replacement for a class I or II ozone-
depleting substance in a given refrigeration or air-conditioning end-
use.
Suitable replacement refrigerant means, for the purposes of
paragraph (i) of this section, a refrigerant that is acceptable under
section 612(c) of the Clean Air Act Amendments of 1990 and all
regulations promulgated under that section, compatible with other
materials with which it may come into contact, and able to achieve the
temperatures required for the affected industrial process in a
technically feasible manner.
System mothballing means, for the purposes of paragraph (i) of this
section, the intentional shutting down of a refrigeration appliance
undertaken for an extended period of time by the owners or operators of
that facility, where the refrigerant has been evacuated from the
appliance or the affected isolated section of the appliance, at least to
atmospheric pressure.
[58 FR 28712, May 14, 1993, as amended at 59 FR 42956, 42962, Aug. 19,
1994; 59 FR 55926, Nov. 9, 1994; 60 FR 40440, Aug. 8, 1995; 68 FR 43807,
July 24, 2003; 69 FR 11979, Mar. 12, 2004; 70 FR 1991, Jan. 11, 2005; 79
FR 29690, May 23, 2014; 8a FR 82354, Nov. 18, 2016]
Sec. 82.157 Appliance maintenance and leak repair.
(a) Applicability. This section applies as of January 1, 2019. As of
April 10, 2020, this section applies only to appliances with a full
charge of 50 or more pounds of any class I or class II refrigerant or
blend containing a class I or class II refrigerant. Notwithstanding the
use of the term refrigerant in this section, the requirements of this
section do not apply to appliances containing solely substitute
refrigerants. Unless otherwise specified, the requirements of this
section apply to the owner or operator of the appliance.
(b) Leak Rate Calculation. Persons adding or removing refrigerant
from an appliance must, upon conclusion of that service, provide the
owner or operator with documentation that meets the applicable
requirements of paragraph (l)(2) of this section. The owner or operator
must calculate the leak rate every time refrigerant is added to an
appliance unless the addition is made immediately following a retrofit,
[[Page 146]]
installation of a new appliance, or qualifies as a seasonal variance.
(c) Requirement to Address Leaks through Appliance Repair, or
Retrofitting or Retiring an Appliance. (1) Owners or operators must
repair appliances with a leak rate over the applicable leak rate in this
paragraph in accordance with paragraphs (d) through (f) of this section
unless the owner or operator elects to retrofit or retire the appliance
in compliance with paragraphs (h) and (i) of this section. If the owner
or operator elects to repair leaks, but fails to bring the leak rate
below the applicable leak rate, the owner or operator must create and
implement a retrofit or retirement plan in accordance with paragraphs
(h) and (i) of this section.
(2) Leak Rates:
(i) 20 percent leak rate for commercial refrigeration equipment;
(ii) 30 percent leak rate for industrial process refrigeration
equipment; and
(iii) 10 percent leak rate for comfort cooling appliances or other
appliances with a full charge of 50 or more pounds of refrigerant not
covered by (c)(2)(i) or (ii) of this section.
(d) Appliance Repair. Owners or operators must identify and repair
leaks in accordance with this paragraph within 30 days (or 120 days if
an industrial process shutdown is required) of when refrigerant is added
to an appliance exceeding the applicable leak rate in paragraph (c) of
this section.
(1) A certified technician must conduct a leak inspection, as
described in paragraph (g) of this section, to identify the location of
leaks.
(2) Leaks must be repaired such that the leak rate is brought below
the applicable leak rate. This must be confirmed by the leak rate
calculation performed upon the next refrigerant addition. The leaks will
be presumed to be repaired if there is no further refrigerant addition
for 12 months after the repair or if the leak inspections required under
paragraph (g) do not find any leaks in the appliance. Repair of leaks
must be documented by both an initial and a follow-up verification test
or tests.
(3) The time frames in paragraphs (d) through(f) of this section are
temporarily suspended when an appliance is mothballed. The time will
resume on the day additional refrigerant is added to the appliance (or
component of an appliance if the leaking component was isolated).
(e) Verification tests. The owner or operator must conduct both
initial and follow-up verification tests on each leak that was repaired
under paragraph (d) of this section.
(1) Initial verification test. Unless granted additional time, an
initial verification test must be performed within 30 days (or 120 days
if an industrial process shutdown is required) of an appliance exceeding
the applicable leak rate in paragraph (c) of this section. An initial
verification test must demonstrate that leaks where a repair attempt was
made are repaired.
(i) For repairs that can be completed without the need to open or
evacuate the appliance, the test must be performed after the conclusion
of the repair work and before any additional refrigerant is added to the
appliance.
(ii) For repairs that require the evacuation of the appliance or
portion of the appliance, the test must be performed before adding any
refrigerant to the appliance.
(iii) If the initial verification test indicates that the repairs
have not been successful, the owner or operator may conduct as many
additional repairs and initial verification tests as needed within the
applicable time period.
(2) Follow-up verification test. A follow-up verification test must
be performed within 10 days of the successful initial verification test
or 10 days of the appliance reaching normal operating characteristics
and conditions (if the appliance or isolated component was evacuated for
the repair(s)). Where it is unsafe to be present or otherwise impossible
to conduct a follow-up verification test when the system is operating at
normal operating characteristics and conditions, the verification test
must, where practicable, be conducted prior to the system returning to
normal operating characteristics and conditions.
(i) A follow-up verification test must demonstrate that leaks where
a repair attempt was made are repaired. If the follow-up verification
test indicates
[[Page 147]]
that the repairs have not been successful, the owner or operator may
conduct as many additional repairs and verification tests as needed to
bring the appliance below the leak rate within the applicable time
period and to verify the repairs.
(f) Extensions to the appliance repair deadlines. Owners or
operators are permitted more than 30 days (or 120 days if an industrial
process shutdown is required) to comply with paragraphs (d) and (e) of
this section if they meet the requirements of (f)(1) through (4) of this
section or the appliance is mothballed. The request will be considered
approved unless EPA notifies the owners or operators otherwise.
(1) One or more of the following conditions must apply:
(i) The appliance is located in an area subject to radiological
contamination or shutting down the appliance will directly lead to
radiological contamination. Additional time is permitted to the extent
needed to conduct and finish repairs in a safe working environment.
(ii) Requirements of other applicable Federal, state, or local
regulations make a repair within 30 days (or 120 days if an industrial
process shutdown is required) impossible. Additional time is permitted
to the extent needed to comply with the pertinent regulations.
(iii) Components that must be replaced as part of the repair are not
available within 30 days (or 120 days if an industrial process shutdown
is required). Additional time is permitted up to 30 days after receiving
delivery of the necessary components, not to exceed 180 days (or 270
days if an industrial process shutdown is required) from the date the
appliance exceeded the applicable leak rate.
(2) Repairs to leaks that the technician has identified as
significantly contributing to the exceedance of the leak rate and that
do not require additional time must be completed and verified within the
initial 30 day repair period (or 120 day repair period if an industrial
process shutdown is required);
(3) The owner or operator must document all repair efforts and the
reason for the inability to make the repair within the initial 30 day
repair period (or 120 day repair period if an industrial process
shutdown is required); and
(4) The owner or operator must request an extension from EPA at the
address specified in paragraph (m) of this section within 30 days (or
120 days if an industrial process shutdown is required) of the appliance
exceeding the applicable leak rate in paragraph (c) of this section.
Extension requests must include: Identification and address of the
facility; the name of the owner or operator of the appliance; the leak
rate; the method used to determine the leak rate and full charge; the
date the appliance exceeded the applicable leak rate; the location of
leak(s) to the extent determined to date; any repair work that has been
performed thus far, including the date that work was completed; the
reasons why more than 30 days (or 120 days if an industrial process
shutdown is required) are needed to complete the repair; and an estimate
of when the work will be completed. If the estimated completion date is
to be extended, a new estimated date of completion and documentation of
the reason for that change must be submitted to EPA within 30 days of
identifying that the completion date must be extended. The owner or
operator must keep a dated copy of this submission.
(g) Leak Inspections. (1) The owner or operator must conduct a leak
inspection in accordance with the following schedule on any appliance
exceeding the applicable leak rate in paragraph (c)(2) of this section.
(i) For commercial refrigeration and industrial process
refrigeration appliances with a full charge of 500 or more pounds, leak
inspections must be conducted once every three months until the owner or
operator can demonstrate through the leak rate calculations required
under paragraph (b) of this section that the appliance has not leaked in
excess of the applicable leak rate for four quarters in a row.
(ii) For commercial refrigeration and industrial process
refrigeration appliances with a full charge of 50 or more pounds but
less than 500 pounds, leak inspections must be conducted once per
calendar year until the owner or operator can demonstrate through the
leak
[[Page 148]]
rate calculations required under paragraph (b) of this section that the
appliance has not leaked in excess of the applicable leak rate for one
year.
(iii) For comfort cooling appliances and other appliances not
covered by paragraphs (g)(1)(i) and (ii) of this section, leak
inspections must be conducted once per calendar year until the owner or
operator can demonstrate through the leak rate calculations required
under paragraph (b) of this section that the appliance has not leaked in
excess of the applicable leak rate for one year.
(2) Leak inspections must be conducted by a certified technician
using method(s) determined by the technician to be appropriate for that
appliance.
(3) All visible and accessible components of an appliance must be
inspected, with the following exceptions:
(i) Where components are insulated, under ice that forms on the
outside of equipment, underground, behind walls, or are otherwise
inaccessible;
(ii) Where personnel must be elevated more than two meters above a
support surface; or
(iii) Where components are unsafe to inspect, as determined by site
personnel.
(4) Quarterly or annual leak inspections are not required on
appliances, or portions of appliances, continuously monitored by an
automatic leak detection system that is audited or calibrated annually.
An automatic leak detection system may directly detect refrigerant in
air, monitor its surrounding in a manner other than detecting
refrigerant concentrations in air, or monitor conditions of the
appliance.
(i) For systems that directly detect the presence of a refrigerant
in air, the system must:
(A) Only be used to monitor components located inside an enclosed
building or structure;
(B) Have sensors or intakes placed so that they will continuously
monitor the refrigerant concentrations in air in proximity to the
compressor, evaporator, condenser, and other areas with a high potential
for a refrigerant leak;
(C) Accurately detect a concentration level of 10 parts per million
of vapor of the specific refrigerant or refrigerants used in the
refrigeration appliance(s); and
(D) Alert the owner or operator when a refrigerant concentration of
100 parts per million of vapor of the specific refrigerant or
refrigerants used in the refrigeration appliance(s) is reached.
(ii) For a system that monitors its surrounding in a manner other
than detecting refrigerant concentrations in air or monitor conditions
of the appliance, the system must automatically alert the owner or
operator when measurements indicate a loss of 50 pounds of refrigerant
or 10 percent of the full charge, whichever is less.
(iii) When automatic leak detection equipment is only being used to
monitor portions of an appliance, the remainder of the appliance
continues to be subject to any applicable leak inspection requirements.
(h) Retrofit or retirement plans. (1) The owner or operator must
create a retrofit or retirement plan within 30 days of:
(i) an appliance leaking above the applicable leak rate in paragraph
(c) of this section if the owner or operator intends to retrofit or
retire rather than repair the leak;
(ii) an appliance leaking above the applicable leak rate in
paragraph (c) of this section if the owner or operator fails to take any
action to identify or repair the leak; or
(iii) an appliance continues to leak above the applicable leak rate
after having conducted the required repairs and verification tests under
paragraphs (d) and (e) of this section.
(2) A retrofit or retirement plan must, at a minimum, contain the
following information:
(i) Identification and location of the appliance;
(ii) Type and full charge of the refrigerant used in the appliance;
(iii) Type and full charge of the refrigerant to which the appliance
will be converted, if retrofitted;
(iv) Itemized procedure for converting the appliance to a different
refrigerant, including changes required for compatibility with the new
substitute, if retrofitted;
(v) Plan for the disposition of recovered refrigerant;
[[Page 149]]
(vi) Plan for the disposition of the appliance, if retired; and
(vii) A schedule, not to exceed one-year, for completion of the
appliance retrofit or retirement.
(3) The retrofit or retirement plan must be signed by an authorized
company official, dated, accessible at the site of the appliance in
paper copy or electronic format, and available for EPA inspection upon
request.
(4) All identified leaks must be repaired as part of any retrofit
under such a plan.
(5)(i) Unless granted additional time, all work performed in
accordance with the plan must be finished within one year of the plan's
date (not to exceed 13 months from when the plan was required in
paragraph (h)(1) of this section).
(ii) The owner or operator may request that EPA relieve it of the
obligation to retrofit or retire an appliance if the owner or operator
can establish within 180 days of the plan's date that the appliance no
longer exceeds the applicable leak rate and if the owner or operator
agrees in writing to repair all identified leaks within one year of the
plan's date consistent with paragraph (h)(4) and (h)(5)(i) of this
section. The owner or operator must submit to EPA the retrofit or
retirement plan as well as the following information: The date that the
requirement to develop a retrofit or retirement plan was triggered; the
leak rate; the method used to determine the leak rate and full charge;
the location of the leak(s) identified in the leak inspection; a
description of repair work that has been completed; a description of
repair work that has not been completed; a description of why the repair
was not conducted within the time frames required under paragraphs (d)
and (f) of this section; and a statement signed by an authorized
official that all identified leaks will be repaired and an estimate of
when those repairs will be completed (not to exceed one year from date
of the plan). The request will be considered approved unless EPA
notifies the owners or operators within 60 days of receipt of the
request that it is not approved.
(i) Extensions to the one-year retrofit or retirement schedule.
Owners or operators may request more than one year to comply with
paragraph (h) of this section if they meet the requirements of this
paragraph. The request will be considered approved unless EPA notifies
the owners or operators within 60 days of receipt of the request that it
is not approved. The request must be submitted to EPA at the address
specified in Sec. 82.157(m) within seven months of discovering the
appliance exceeded the applicable leak rate. The request must include
the identification of the appliance; name of the owner or operator; the
leak rate; the method used to determine the leak rate and full charge;
the date the appliance exceeded the applicable leak rate; the location
of leaks(s) to the extent determined to date; any repair work that has
been finished thus far, including the date that work was finished; a
plan to finish the retrofit or retirement of the appliance; the reasons
why more than one year is necessary to retrofit or retire the appliance;
the date of notification to EPA; and an estimate of when retrofit or
retirement work will be finished. A dated copy of the request must be
available on-site in either electronic or paper copy. If the estimated
completion date is to be revised, a new estimated date of completion and
documentation of the reason for that change must be submitted to EPA at
the address specified in Sec. 82.157(m) within 30 days. Additionally,
the time frames in paragraphs (h) and (i) of this section are
temporarily suspended when an appliance is mothballed. The time will
resume running on the day additional refrigerant is added to the
appliance (or component of an appliance if the leaking component was
isolated).
(1) Extensions available to any appliance. Owners or operators of
commercial refrigeration, industrial process refrigeration, comfort-
cooling, or other equipment are automatically allowed 18 months to
retire an appliance if the replacement appliance uses a substitute
refrigerant exempted under Sec. 82.154(a).
(2) Extensions available to industrial process refrigeration. Owners
or operators of industrial process refrigeration equipment may request
additional time beyond the one-year period in paragraph (h) of this
section to finish
[[Page 150]]
the retrofit or retirement under the following circumstances.
(i) Requirements of other applicable Federal, state, or local
regulations make a retrofit or retirement within one year impossible.
Additional time is permitted to the extent needed to comply with the
pertinent regulations;
(ii) The new or the retrofitted equipment is custom-built as defined
in this subpart and the supplier of the appliance or one of its
components has quoted a delivery time of more than 30 weeks from when
the order is placed. The appliance or appliance components must be
installed within 120 days after receiving delivery of the necessary
parts; or
(iii) After receiving an extension under paragraph (i)(2)(ii) of
this section, owners or operators may request additional time if
necessary to finish the retrofit or retirement of equipment. The request
must be submitted to EPA before the end of the ninth month of the
initial extension and must include the same information submitted for
that extension, with any necessary revisions. A dated copy of the
request must be available on-site in either electronic or paper copy.
The request will be considered approved unless EPA notifies the owners
or operators within 60 days of receipt of the request that it is not
approved.
(3) Extensions available to Federally owned equipment. Owners or
operators of federally owned commercial or comfort-cooling equipment may
request an additional year beyond the one-year period in paragraph (h)
of this section to finish the retrofit or retirement under the following
circumstances:
(i) A delivery time of more than 30 weeks from the beginning of the
official procurement process is quoted due to complications presented by
the Federal agency appropriations and/or procurement process;
(ii) The appliance is located in an area subject to radiological
contamination and creating a safe working environment will require more
than 30 weeks; or
(iii) After receiving a one-year extension under paragraphs
(i)(3)(i) or (ii) of this section, additional time may be requested if
necessary to finish the retrofit or retirement of equipment. The request
must be submitted to EPA before the end of the ninth month of the one-
year extension and must include the same information submitted for that
one-year extension, with any necessary revisions. A dated copy of the
request must be available on-site in either electronic or paper copy.
The request will be considered approved unless EPA notifies the owners
or operators within 60 days of receipt of the request that it is not
approved.
(j) Chronically leaking appliances. Owners or operators of
appliances containing 50 pounds or more of refrigerant that leak 125
percent or more of the full charge in a calendar year must submit a
report to EPA at the address in paragraph (m) of this section. This
report must be submitted by March 1 of the subsequent year and describe
efforts to identify leaks and repair the appliance.
(k) Purged refrigerant. In calculating annual leak rates, purged
refrigerant that is destroyed at a verifiable destruction efficiency of
98 percent or greater will not be counted toward the leak rate.
(l) Recordkeeping. All records identified in this paragraph must be
kept for at least three years in electronic or paper format, unless
otherwise specified.
(1) Owners or operators must determine the full charge of all
appliances with 50 or more pounds of refrigerant and maintain the
following information for each appliance until three years after the
appliance is retired:
(i) The identification of the owner or operator of the appliance;
(ii) The address where the appliance is located;
(iii) The full charge of the appliance and the method for how the
full charge was determined;
(iv) If using method 4 (using an established range) for determining
full charge, records must include the range for the full charge of the
appliance, its midpoint, and how the range was determined;
(v) Any revisions of the full charge, how they were determined, and
the dates such revisions occurred.
(2) Owners or operators must maintain a record including the
following information for each time an appliance
[[Page 151]]
with a full charge of 50 or more pounds is maintained, serviced,
repaired, or disposed of, when applicable. If the maintenance, service,
repair, or disposal is done by someone other than the owner or operator,
that person must provide a record containing the following information,
with the exception of (l)(2)(vii) and (viii) of this section, to the
owner or operator:
(i) The identity and location of the appliance;
(ii) The date of the maintenance, service, repair, or disposal
performed;
(iii) The part(s) of the appliance being maintained, serviced,
repaired, or disposed;
(iv) The type of maintenance, service, repair, or disposal performed
for each part;
(v) The name of the person performing the maintenance, service,
repair, or disposal;
(vi) The amount and type of refrigerant added to, or in the case of
disposal removed from, the appliance;
(vii) The full charge of the appliance; and
(viii) The leak rate and the method used to determine the leak rate
(not applicable when disposing of the appliance, following a retrofit,
installing a new appliance, or if the refrigerant addition qualifies as
a seasonal variance).
(3) Owners or operators must keep records of leak inspections that
include the date of inspection, the method(s) used to conduct the leak
inspection, a list of the location of each leak that was identified, and
a certification that all visible and accessible parts of the appliance
were inspected. Technicians conducting leak inspections must, upon
conclusion of that service, provide the owner or operator of the
appliance with documentation that meets these requirements.
(4) If using an automatic leak detection system, the owner or
operator must maintain records regarding the installation and the annual
audit and calibration of the system, a record of each date the
monitoring system identified a leak, and the location of the leak.
(5) Owners or operators must maintain records of the dates and
results of all initial and follow-up verification tests. Records must
include the location of the appliance, the date(s) of the verification
tests, the location(s) of all repaired leaks that were tested, the
type(s) of verification test(s) used, and the results of those tests.
Technicians conducting initial or follow-up verification tests must,
upon conclusion of that service, provide the owner or operator of the
appliance with documentation that meets these requirements.
(6) Owners or operators must maintain retrofit or retirement plans
developed in accordance with paragraph (h) of this section.
(7) Owners or operators must maintain retrofit and/or extension
requests submitted to EPA in accordance with paragraph (i) of this
section.
(8) Owners or operators that suspend the deadlines in this section
by mothballing an appliance must keep records documenting when the
appliance was mothballed and when additional refrigerant was added to
the appliance (or isolated component).
(9) Owners or operators who exclude purged refrigerants that are
destroyed from annual leak rate calculations must maintain records to
support the amount of refrigerant claimed as sent for destruction.
Records must be based on a monitoring strategy that provides reliable
data to demonstrate that the amount of refrigerant claimed to have been
destroyed is not greater than the amount of refrigerant actually purged
and destroyed and that the 98 percent or greater destruction efficiency
is met. Records must include flow rate, quantity or concentration of the
refrigerant in the vent stream, and periods of purge flow. Records must
include:
(i) The identification of the facility and a contact person,
including the address and telephone number;
(ii) A description of the appliance, focusing on aspects relevant to
the purging of refrigerant and subsequent destruction;
(iii) A description of the methods used to determine the quantity of
refrigerant sent for destruction and type of records that are being kept
by the owners or operators where the appliance is located;
(iv) The frequency of monitoring and data-recording; and
[[Page 152]]
(v) A description of the control device, and its destruction
efficiency.
(10) Owners or operators that exclude additions of refrigerant due
to seasonal variance from their leak rate calculation must maintain
records stating that they are using the seasonal variance flexibility
and documenting the amount added and removed under Sec. 82.157(l)(2).
(11) Owners or operators that submit reports to EPA in accordance
with paragraph (m) of this section must maintain copies of the submitted
reports and any responses from EPA.
(m) Reporting. All notifications must be submitted electronically to
[email protected] unless the notification contains confidential
business information. If the notification contains confidential business
information, the information should be submitted to: Section 608 Program
Manager; Stratospheric Protection Division; Mail Code: 6205T; U.S.
Environmental Protection Agency; 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
(1) Owners or operators must notify EPA at this address in
accordance with paragraph (f) of this section when seeking an extension
of time to complete repairs.
(2) Owners or operators must notify EPA at this address in
accordance with paragraph (h)(5)(ii) of this section when seeking relief
from the obligation to retrofit or retire an appliance.
(3) Owners or operators must notify EPA at this address in
accordance with paragraph (i) of this section when seeking an extension
of time to complete the retrofit or retirement of an appliance.
(4) Owners or operators must notify EPA at this address in
accordance with paragraph (j) of this section for any appliance that
leaks 125 percent or more of the full charge in a calendar year.
(5) When excluding purged refrigerants that are destroyed from
annual leak rate calculations, owners or operators must notify EPA at
this address within 60 days after the first time the exclusion is used
by the facility where the appliance is located. The report must include
the information included in paragraph (l)(9) of this section.
[81 FR 82356, Nov. 18, 2016, as amended at 85 FR 14171, Apr. 10, 2020]
Sec. 82.158 Standards for recovery and/or recycling equipment.
Starting January 1, 2017, this section applies to recovery and/or
recycling equipment for use during the maintenance, service, repair, or
disposal of appliances containing any class I or class II refrigerant or
any non-exempt substitute refrigerant.
(a) No person may manufacture or import recovery and/or recycling
equipment for use during the maintenance, service, repair, or disposal
of appliances unless the equipment is certified in accordance with this
section.
(b) No person may alter the design of certified refrigerant recovery
and/or recycling equipment in a way that would affect the equipment's
ability to meet the certification standards in this section without
resubmitting the altered design for certification testing. Until it is
tested and shown to meet the certification standards in this section,
equipment so altered will be considered uncertified.
(c) Recovery and/or recycling equipment manufactured or imported
before November 15, 1993, intended for use during the maintenance,
service, repair, or disposal of appliances (except small appliances,
MVACs, and MVAC-like appliances) will be considered certified if it is
capable of achieving the level of evacuation specified in Table 2 of
this section when tested using a properly calibrated pressure gauge.
(d) Manufacturers and importers of recovery and/or recycling
equipment must have such equipment certified by an approved equipment
testing organization as follows:
(1) Recovery and/or recycling equipment manufactured or imported on
or after November 15, 1993, and before September 22, 2003, intended for
use during the maintenance, service, repair, or disposal of appliances
(except small appliances, MVACs, and MVAC-like appliances) must be
certified by an approved equipment testing organization as being capable
of achieving the level of evacuation specified in Table 2 of this
section under the conditions of appendix B1 of this subpart (based upon
the ARI Standard 740-1993, Performance of Refrigerant Recovery,
Recycling and/or Reclaim Equipment).
[[Page 153]]
(2) Recovery and/or recycling equipment manufactured or imported on
or after September 22, 2003, and before January 1, 2017, intended for
use during the maintenance, service, repair, or disposal of appliances
(except small appliances, MVACs, and MVAC-like appliances) must be
certified by an approved equipment testing organization as being capable
of achieving the level of evacuation specified in Table 2 of this
section under the conditions of appendix B2 of this subpart (based upon
the ARI Standard 740-1995, Performance of Refrigerant Recovery,
Recycling and/or Reclaim Equipment).
(3) Recovery and/or recycling equipment manufactured or imported on
or after January 1, 2017, intended for use during the maintenance,
service, repair, or disposal of appliances (except small appliances,
MVACs, and MVAC-like appliances) must be certified by an approved
equipment testing organization as being capable of achieving the level
of evacuation specified in Table 2 of this section under the conditions
of appendix B3 (for non-flammable refrigerants) based upon AHRI Standard
740-2016 or appendix B4 (for flammable refrigerants) of this subpart.
Table 2--Levels of Evacuation Which Must Be Achieved by Recovery and/or Recycling Equipment
[Except for small appliances, MVACs, and MVAC-like appliances.]
----------------------------------------------------------------------------------------------------------------
Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9
Type of appliance with which recovery inches Hg)
and/or recycling machine is intended -------------------------------------------------------------------------
to be used Manufactured or imported before Manufactured or imported on or
November 15, 1993 after November 15, 1993
----------------------------------------------------------------------------------------------------------------
HCFC-22 appliances, or isolated 0.................................. 0.
component of such appliances, with a
full charge of less than 200 pounds
of refrigerant.
HCFC-22 appliances, or isolated 4.................................. 10.
component of such appliances, with a
full charge of 200 pounds or more of
refrigerant.
Very high-pressure appliances......... 0.................................. 0.
Other high-pressure appliances, or 4.................................. 10.
isolated component of such
appliances, with a full charge of
less than 200 pounds of refrigerant.
Other high-pressure appliances, or 4.................................. 15.
isolated component of such
appliances, with a full charge of 200
pounds or more of refrigerant.
Medium-pressure appliances, or 4.................................. 10.
isolated component of such
appliances, with a full charge of
less than 200 pounds of refrigerant.
Medium-pressure appliances, or 4.................................. 15.
isolated component of such
appliances, with a full charge of 200
pounds or more of refrigerant.
Low-pressure appliances............... 25 mm Hg absolute.................. 25 mm Hg absolute.
----------------------------------------------------------------------------------------------------------------
(4) Recovery and/or recycling equipment whose recovery efficiency
cannot be tested according to the procedures in appendix B1, B2, B3, or
B4 of this subpart as applicable 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.
(5) The equipment must meet the minimum requirements for
certification under appendix B1, B2, B3, or B4 of this subpart as
applicable.
(6) If the equipment is equipped with a noncondensables purge
device, the equipment must not release more than 3 percent of the
quantity of refrigerant being recycled through noncondensables purging
under the conditions of appendix B1, B2, B3, or B4 of this subpart as
applicable.
[[Page 154]]
(7) The equipment must be equipped with low-loss fittings on all
hoses.
(8) The equipment must have its liquid recovery rate and its vapor
recovery rate measured under the conditions of appendix B1, B2, B3, or
B4 as applicable, unless the equipment has no inherent liquid or vapor
recovery rate.
(e) Small Appliances. Equipment used during the maintenance,
service, repair, or disposal of small appliances must be certified by an
approved equipment testing organization to be capable of recovering 90
percent of the refrigerant in the test stand when the compressor of the
test stand is operational and 80 percent of the refrigerant when the
compressor of the test stand is not operational, when used in accordance
with the manufacturer's instructions under the conditions of appendix C,
Method for Testing Recovery Devices for Use with Small Appliances.
(1) Equipment manufactured or imported before November 15, 1993,
will be considered certified if it is capable of either recovering 80
percent of the refrigerant in the system, whether or not the compressor
of the test stand is operational, or achieving a four-inch vacuum when
tested using a properly calibrated pressure gauge.
(2) Equipment manufactured or imported on or after November 15,
1993, may also be certified if it is capable of achieving a four-inch
vacuum under the conditions of appendix B1 of this subpart, based upon
ARI Standard 740-1993.
(3) Equipment manufactured or imported on or after September 22,
2003, and before January 1, 2017, may also be certified if it is capable
of achieving a four-inch vacuum under the conditions of appendix B2 of
this subpart, based upon ARI Standard 740-1995.
(4) Equipment manufactured or imported on or after January 1, 2017,
may also be certified if it is capable of achieving a four-inch vacuum
under the conditions of appendix B3 of this subpart (for non-flammable
refrigerants), based upon AHRI Standard 740-2016 or appendix B4 of this
subpart (for flammable refrigerants), based upon both AHRI Standard 740-
2016 and UL 1963, Supplement SB, Requirements for Refrigerant Recovery/
Recycling Equipment Intended for Use with a Flammable Refrigerant,
Fourth Edition, June 1, 2011.
(5) Equipment used to evacuate any class I or class II refrigerant
or any non-exempt substitute refrigerant from small appliances before
they are disposed of may also be certified if it is capable of achieving
a four-inch vacuum when tested using a properly calibrated pressure
gauge.
(f) MVAC-like appliances. (1) Manufacturers and importers of
recovery and/or recycling equipment intended for use during the
maintenance, service, repair, or disposal of MVAC-like appliances must
certify such equipment in accordance with subpart B of this part.
(2) Equipment manufactured or imported before November 15, 1993,
intended for use during the maintenance, service, or repair of MVAC-like
appliances must be capable of reducing the system pressure to 102 mm of
mercury vacuum under the conditions of appendix A of subpart B of this
part.
(g) MVACs. Manufacturers and importers of recovery and/or recycling
equipment intended for use during the maintenance, service, repair, or
disposal of MVACs must certify such equipment in accordance with subpart
B of this part.
(h) Labeling. (1) Manufacturers and importers of equipment certified
under paragraphs (d) and (e) of this section must place a label on each
piece of equipment stating the following:
THIS EQUIPMENT HAS BEEN CERTIFIED BY [APPROVED EQUIPMENT TESTING
ORGANIZATION] TO MEET EPA's MINIMUM REQUIREMENTS FOR RECYCLING OR
RECOVERY EQUIPMENT INTENDED FOR USE WITH [APPROPRIATE CATEGORY OF
APPLIANCE].
(2) The label must also show the date of manufacture and the serial
number (if applicable) of the equipment. The label must be affixed in a
readily visible or accessible location, be made of a material expected
to last the lifetime of the equipment, present required information in a
way that it is likely to remain legible for the lifetime of the
equipment, and be affixed in such a way that it cannot be removed from
the equipment without damage to the label.
[[Page 155]]
(i) Retesting. At least once every three years, manufacturers or
importers of certified recovery and/or recycling equipment intended for
use during the maintenance, service, or repair of appliances (except
MVACs or MVAC-like appliances) or during the disposal of appliances
(except small appliances, MVACs, and MVAC-like appliances) must have
approved equipment testing organizations conduct either:
(1) Retests of certified recovery and/or recycling equipment in
accordance with paragraphs (d) and (e) of this section; or
(2) Inspections of recovery and/or recycling equipment at
manufacturing facilities to ensure that each equipment model line that
has been certified under this section continues to meet the
certification criteria.
(j) Revocation. An equipment model line that has been certified
under this section may have its certification revoked if it is
subsequently determined to fail to meet the certification criteria. In
such cases, the Administrator must give notice to the manufacturer or
importer setting forth the basis for the determination.
(k) Equipment that is advertised or marketed as ``recycling
equipment'' must be capable of recycling the standard contaminated
refrigerant sample of appendix B2, B3, or B4 of this subpart (as
applicable) to the levels in the following table when tested under the
conditions of appendix B2, B3 or B4 of this subpart:
Maximum Levels of Contaminants Permissible in Refrigerant Processed Through Equipment Advertised as
``Recycling'' Equipment
----------------------------------------------------------------------------------------------------------------
Low-pressure (R-11, R-
Contaminants 123, R-113) systems R-12 systems All other systems
----------------------------------------------------------------------------------------------------------------
Acid Content (by wt.)............. 1.0 PPM.............. 1.0 PPM............. 1.0 PPM.
Moisture (by wt.)................. 20 PPM............... 10 PPM.............. 20 PPM.
Noncondensable Gas (by vol.) N/A.................. 2.0%................ 2.0%.
High Boiling Residues (by vol.) 1.0%................. 0.02%............... 0.02%.
Chlorides by Silver Nitrate Test.. No turbidity......... No turbidity........ No turbidity.
Particulates...................... Visually clean....... Visually clean...... Visually clean.
----------------------------------------------------------------------------------------------------------------
[81 FR 82360, Nov. 18, 2016]
Sec. 82.160 Approved equipment testing organizations.
(a) Any equipment testing organization may apply for approval by the
Administrator to certify equipment under the standards in Sec. 82.158
and appendices B2, B3, B4, or C of this subpart. Applications must be
sent to [email protected], or if containing confidential business
information, mailed to: Section 608 Program Manager, Stratospheric
Protection Division, Mail Code: 6205T, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
(b) Applications for approval must include:
(1) A list of equipment present at the organization that will be
used for equipment testing.
(2) Verification of the organization's expertise in equipment
testing and the technical experience of the organization's personnel.
(3) Verification of the organization's knowledge of the standards
and recordkeeping and reporting requirements of this subpart.
(4) A description of the organization's program for verifying the
performance of certified recovery and/or recycling equipment
manufactured over the long term, specifying whether retests of equipment
or inspections of equipment at manufacturing facilities will be used.
(5) Verification that the organization has no conflict of interest
and receives no direct or indirect financial benefit from the outcome of
certification testing.
(6) Agreement to allow the Administrator access to records and
personnel to verify the information contained in the application.
[[Page 156]]
(c) Organizations may not certify equipment before receiving
approval from EPA. If approval is denied under this section, the
Administrator must give written notice to the organization setting forth
the basis for the determination.
(d) If an approved testing organization conducts certification tests
in a way not consistent with the representations made in its application
or with the provisions of this subpart, the Administrator may revoke
approval in accordance with Sec. 82.169. In such cases, the
Administrator must give notice to the organization setting forth the
basis for the determination.
(e) Recordkeeping and reporting. (1) Approved equipment testing
organizations must maintain records of equipment testing and performance
and a list of equipment that meets EPA requirements. This list must
include the name of the manufacturer and the name and/or serial number
of the model line. Approved equipment testing organizations must publish
online a list of all certified equipment that includes the information
specified above and update the list annually.
(2) Approved equipment testing organizations must notify EPA at
[email protected] if retests of equipment or inspections of
manufacturing facilities conducted under to Sec. 82.158(i) show that a
previously certified model line fails to meet EPA requirements. Such
notification must be received within thirty days of the retest or
inspection.
(3) All records must be maintained for three years after the
equipment is no longer offered for sale. Online lists must contain
certified equipment until three years after that equipment is no longer
offered for sale.
[81 FR 82362, Nov. 18, 2016]
Sec. 82.161 Technician certification.
Until January 1, 2018, this section applies only to technicians and
organizations certifying technicians that maintain, service, or repair
appliances containing class I or class II refrigerants. Starting on
January 1, 2018, this section applies to technicians and organizations
certifying technicians that maintain, service, or repair appliances
containing any class I or class II refrigerant or any non-exempt
substitute refrigerant.
(a) Certification Requirements. (1) Any person who could be
reasonably expected to violate the integrity of the refrigerant circuit
during the maintenance, service, repair, or disposal of appliances (as
follows in this paragraph) containing a class I or class II refrigerant
or a non-exempt substitute refrigerant must pass a certification exam
offered by an approved technician certification program.
(i) Persons who maintain, service, or repair small appliances must
be certified as Type I technicians.
(ii) Persons who maintain, service, repair, or dispose of medium-,
high-, or very high-pressure appliances (except small appliances, MVACs,
and MVAC-like appliances) must be certified as Type II technicians.
(iii) Persons who maintain, service, repair, or dispose of low-
pressure appliances must be certified as Type III technicians.
(iv) Persons who maintain, service, repair, or dispose of all
appliances described in paragraph (a)(1)(i) through (iii) of this
section must be certified as Universal technicians.
(v) Technicians who maintain, service, or repair MVAC-like
appliances must either be certified as Type II technicians or be
certified in accordance with 40 CFR part 82, subpart B.
(vi) Persons who maintain, service, or repair MVAC appliances for
consideration must be certified in accordance with 40 CFR part 82,
subpart B.
(vii) Persons who dispose of small appliances, MVACs, and MVAC-like
appliances are not required to be certified.
(2) Apprentices are exempt from the requirement in paragraph (a)(1)
of this section provided the apprentice is closely and continually
supervised by a certified technician while performing any maintenance,
service, repair, or disposal that could reasonably be expected to
release refrigerant from an appliance into the environment, except those
substitute refrigerants exempted under paragraph (a)(1) of this section.
The supervising certified technician and the apprentice have the
responsibility to ensure that the apprentice complies with this subpart.
[[Page 157]]
(3) The Administrator may require technicians to demonstrate at
their place of business their ability to perform proper procedures for
recovering and/or recycling refrigerant, except those substitute
refrigerants exempted under paragraph (a)(1) of this section. Failure to
demonstrate or failure to properly use the equipment may result in
revocation or suspension of the certificate. Failure to abide by any of
the provisions of this subpart may also result in revocation or
suspension of the certificate. If a technician's certificate is revoked,
the technician would need to recertify before maintaining, servicing,
repairing, or disposing of any appliances.
(4) (i) Technicians certified under this section must keep a copy of
their certificate at their place of business.
(ii) Technicians must maintain a copy of their certificate until
three years after no longer operating as a technician.
(5) Recertification. The Administrator reserves the right to specify
a requirement for technician recertification at some future date, if
necessary, by placing a notice in the Federal Register.
(b) Requirements for Technician Certification Programs. (1) No
technician training or testing program may issue certificates under this
section unless the program complies with all the standards of this
section and appendix D, and has been granted approval by the
Administrator.
(2) Program Approval. Persons may seek approval of any technician
certification program (program), in accordance with this paragraph, by
submitting to the Administrator at the address in Sec. 82.160(a)
verification that the program meets all the standards listed in appendix
D of this subpart. The Administrator reserves the right to consider
other relevant factors to ensure the effectiveness of certification
programs. If approval is denied under this section, the Administrator
must give written notice to the program setting forth the basis for the
determination.
(3) Alternative Examinations. Programs are encouraged to make
provisions for non-English speaking technicians by providing tests in
other languages or allowing the use of a translator when taking the
test. A test may be administered orally to any person who makes this
request, in writing, to the program at least 30 days before the
scheduled date for the examination. The written request must explain why
the request is being made.
(4) Proof of Certification. Programs certifying technicians must
provide technicians with identification cards in accordance with section
(f) of appendix D of this subpart.
(5) Programs certifying technicians must maintain records in
accordance with section (g) of appendix D of this subpart.
(6) Starting January 1, 2018, programs certifying technicians,
excluding Federally-run programs, must publish online a list of all
technicians they have certified on or after January 1, 2017. Certifying
organizations must update these lists at least annually.
(i) The list must include the first name, middle initial, and last
name of the certified technician, the technician's city of residence
when taking the test, the type(s) of certification received, and the
date each certification was received.
(ii) Programs certifying technicians must provide notice to
technicians that such information will be published online in compliance
with any other Federal, state or local regulations, and allow
technicians to opt out of being included in such lists.
(7) If an approved program violates any of the above requirements,
the Administrator may revoke approval in accordance with Sec. 82.169.
In such cases, the Administrator must give notice to the organization
setting forth the basis for the determination.
(c) Test Subject Material. A bank of test questions developed by the
Administrator consists of groups, including a core group and technical
groups. The Administrator will release this bank of questions only to
approved technician certification programs. Each test for each type of
certification must include at least 25 questions drawn from the core
group and at least 25 questions drawn from each relevant technical
group. These questions must address the subject areas in appendix D of
this subpart.
[81 FR 82363, Nov. 18, 2016]
[[Page 158]]
Sec. 82.162 [Reserved]
Sec. 82.164 Reclaimer certification.
(a) All persons reclaiming used class I or II refrigerant or non-
exempt substitute refrigerant for sale to a new owner must meet the
following requirements:
(1) Reclaim such refrigerant to all the specifications in appendix A
of this subpart (based on AHRI Standard 700-2016, Specifications for
Refrigerants) that are applicable to that refrigerant;
(2) Verify that each batch of such refrigerant reclaimed meets these
specifications using the analytical methodology prescribed in appendix A
of this subpart, which includes the primary methodologies included in
appendix A of AHRI Standard 700-2016;
(3) Release no more than 1.5 percent of the refrigerant during the
reclamation process;
(4) Dispose of wastes from the reclamation process in accordance
with all applicable laws and regulations; and
(5) Maintain records and submit reports in accordance with paragraph
(d) of this section.
(b) The owner or a responsible officer reclaiming used refrigerant
for sale to a new owner, except for persons who properly certified under
this section before May 11, 2004, must certify to the Administrator at
the address in Sec. 82.160(a) that they will meet the requirements in
paragraph (a) of this section. The certification must include the name
and address of the reclaimer and a list of equipment used to reclaim the
refrigerant to the required standard, and to analyze the refrigerant to
ensure it meets these specifications.
(c) Certificates are not transferable. In the event of a change in
ownership of an entity which reclaims refrigerant, the new owner of the
entity must certify with the Administrator within 30 days of the change
that they will meet the reclaimer certification requirements. In the
event of a change in business management, location, or contact
information, the owner of the entity must notify EPA within 30 days of
the change at the address in Sec. 82.160(a).
(d) Recordkeeping and reporting. (1) Reclaimers must maintain
records, by batch, of the results of the analysis conducted to verify
that reclaimed refrigerant meets the necessary specifications in
paragraph (a)(2) of this section.
(2) Reclaimers must maintain records of the names and addresses of
persons sending them material for reclamation and the quantity of the
material (the combined mass of refrigerant and contaminants) by
refrigerant type sent to them for reclamation. Such records must be
maintained on a transactional basis for three years.
(3) Reclaimers must report to the Administrator annually by February
1 of the next calendar year the total annual quantity of material (the
combined mass of refrigerant and contaminants) by refrigerant type sent
to them for reclamation, the total annual mass of each refrigerant
reclaimed, and the total annual mass of waste products.
(e) Failure to abide by any of the provisions of this subpart may
result in revocation or suspension of the certification of the reclaimer
in accordance with Sec. 82.169. In such cases, the Administrator must
give notice to the organization setting forth the basis for the
determination.
[81 FR 82364, Nov. 18, 2016]
Sec. 82.166 Reporting and recordkeeping requirements for leak repair.
This section contains leak repair reporting and recordkeeping
requirements that apply to owners and operators of appliances containing
50 or more pounds of class I or class II refrigerants until January 1,
2019. Starting January 1, 2019, the recordkeeping and reporting
requirements in the leak repair provisions in Sec. 82.157(l) and (m)
apply to owners and operators of appliances containing 50 or more pounds
of class I or class II refrigerants or non-exempt substitutes.
(a)-(i) [Reserved]
(j) Persons servicing appliances normally containing 50 or more
pounds of refrigerant must provide the owner/operator of such appliances
with an invoice or other documentation, which indicates the amount of
refrigerant added to the appliance.
(k) Owners/operators of appliances normally containing 50 or more
pounds of refrigerant must keep servicing records documenting the date
and type
[[Page 159]]
of service, as well as the quantity of refrigerant added. The owner/
operator must keep records of refrigerant purchased and added to such
appliances in cases where owners add their own refrigerant. Such records
should indicate the date(s) when refrigerant is added.
(l) [Reserved]
(m) All records required to be maintained pursuant to this section
must be kept for a minimum of three years unless otherwise indicated.
(n) The owners or operators of appliances must maintain on-site and
report to EPA Headquarters at the address listed in Sec. 82.160 the
information specified in paragraphs (n)(1), (n)(2), and (n)(3) of this
section, within the timelines specified under Sec. 82.156 (i)(1),
(i)(2), (i)(3) and (i)(5) where such reporting or recordkeeping is
required. This information must be relevant to the affected appliance.
(1) An initial report to EPA under Sec. 82.156(i)(1)(i), (i)(2), or
(i)(5)(i) regarding why more than 30 days are needed to complete repairs
must include: Identification of the facility; the leak rate; the method
used to determine the leak rate and full charge; the date a leak rate
above the applicable leak rate was discovered; the location of leak(s)
to the extent determined to date; any repair work that has been
completed thus far and the date that work was completed; the reasons why
more than 30 days are needed to complete the work and an estimate of
when the work will be completed. If changes from the original estimate
of when work will be completed result in extending the completion date
from the date submitted to EPA, the reasons for these changes must be
documented and submitted to EPA within 30 days of discovering the need
for such a change.
(2) If the owners or operators intend to establish that the
appliance's leak rate does not exceed the applicable allowable leak rate
in accordance with Sec. 82.156(i)(3)(v), the owner or operator must
submit a plan to fix other outstanding leaks for which repairs are
planned but not yet completed to achieve a rate below the applicable
allowable leak rate. A plan to fix other outstanding leaks in accordance
with Sec. 82.156(i)(3)(v) must include the following information: The
identification of the facility; the leak rate; the method used to
determine the leak rate and full charge; the date a leak rate above the
applicable allowable leak rate was discovered; the location of leak(s)
to the extent determined to date; and any repair work that has been
completed thus far, including the date that work was completed. Upon
completion of the repair efforts described in the plan, a second report
must be submitted that includes the date the owner or operator submitted
the initial report concerning the need for additional time beyond the 30
days and notification of the owner or operator's determination that the
leak rate no longer exceeds the applicable allowable leak rate. This
second report must be submitted within 30 days of determining that the
leak rate no longer exceeds the applicable allowable leak rate.
(3) Owners or operators must maintain records of the dates, types,
and results of all initial and follow-up verification tests performed
under Sec. 82.156(i)(3). Owners or operators must submit this
information to EPA within 30 days after conducting each test only where
required under Sec. 82.156 (i)(1), (i)(2), (i)(3) and (i)(5). These
reports must also include: Identification and physical address of the
facility; the leak rate; the method used to determine the leak rate and
full charge; the date a leak rate above the applicable allowable leak
rate was discovered; the location of leak(s) to the extent determined to
date; and any repair work that has been completed thus far and the date
that work was completed. Submitted reports must be dated and include the
name of the owner or operator of the appliance, and must be signed by an
authorized company official.
(o) The owners or operators of appliances must maintain on-site and
report to EPA at the address specified in Sec. 82.160 the following
information where such reporting and recordkeeping is required and in
the timelines specified in Sec. 82.156 (i)(7) and (i)(8), in accordance
with Sec. 82.156 (i)(7) and (i)(8). This information must be relevant
to the affected appliance and must include:
(1) The identification of the industrial process facility;
(2) The leak rate;
[[Page 160]]
(3) The method used to determine the leak rate and full charge;
(4) The date a leak rate above the applicable allowable rate was
discovered.
(5) The location of leaks(s) to the extent determined to date;
(6) Any repair work that has been completed thus far and the date
that work was completed;
(7) A plan to complete the retrofit or retirement of the system;
(8) The reasons why more than one year is necessary to retrofit or
retire the system;
(9) The date of notification to EPA; and
(10) An estimate of when retrofit or retirement work will be
completed. If the estimated date of completion changes from the original
estimate and results in extending the date of completion, the owner or
operator must submit to EPA the new estimated date of completion and
documentation of the reason for the change within 30 days of discovering
the need for the change, and must retain a dated copy of this
submission.
(p)(1) Owners or operators who wish to exclude purged refrigerants
that are destroyed from annual leak rate calculations must maintain
records on-site to support the amount of refrigerant claimed as sent for
destruction. Records shall be based on a monitoring strategy that
provides reliable data to demonstrate that the amount of refrigerant
claimed to have been destroyed is not greater than the amount of
refrigerant actually purged and destroyed and that the 98 percent or
greater destruction efficiency is met. Records shall include flow rate,
quantity or concentration of the refrigerant in the vent stream, and
periods of purge flow.
(2) Owners or operators who wish to exclude purged refrigerants that
are destroyed from annual leak rate calculations must maintain on-site
and make available to EPA upon request the following information after
the first time the exclusion is utilized by the facility:
(i) The identification of the facility and a contact person,
including the address and telephone number;
(ii) A general description of the refrigerant appliance, focusing on
aspects of the appliance relevant to the purging of refrigerant and
subsequent destruction;
(iii) A description of the methods used to determine the quantity of
refrigerant sent for destruction and type of records that are being kept
by the owners or operators where the appliance is located;
(iv) The frequency of monitoring and data-recording; and
(v) A description of the control device, and its destruction
efficiency.
This information must also be included, where applicable, in any
reporting requirements required for compliance with the leak repair and
retrofit requirements for industrial process refrigeration equipment, as
set forth in paragraphs (n) and (o) of this section.
(q) Owners or operators choosing to determine the full charge as
defined in Sec. 82.156(j) of an affected appliance by using an
established range or using that methodology in combination with other
methods for determining the full charge as defined in Sec. 82.156(j)
must maintain the following information:
(1) The identification of the owner or operator of the appliance;
(2) The location of the appliance;
(3) The original range for the full charge of the appliance, its
midpoint, and how the range was determined;
(4) Any and all revisions of the full charge range and how they were
determined; and
(5) The dates such revisions occurred.
[58 FR 28712, May 14, 1993, as amended at 59 FR 42957, Aug. 19, 1994; 60
FR 40443, Aug. 8, 1995; 69 FR 11981, Mar. 12, 2004; 70 FR 1992, Jan. 11,
2005; 79 FR 64290, Oct. 28, 2014; 81 FR 82364, Nov. 18, 2016]
Sec. 82.168 Incorporation by Reference.
(a) Certain material is incorporated by reference into this subpart
part with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the
sources listed below. You may inspect a copy of the approved material at
U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call (202) 741-6030 or go to http://
[[Page 161]]
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
(b) Air-Conditioning, Heating, and Refrigeration Institute (AHRI),
2111 Wilson Boulevard, Suite 500, Arlington, VA 22201, www.ahrinet.org.
(1) AHRI Standard 110-2016, 2016 Standard for Air-Conditioning,
Heating and Refrigerating Equipment Nameplate Voltages, copyright 2016,
into Appendix B3 to subpart F.
(2) 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for
Analytical Procedures for AHRI Standard 700-2014--Normative, copyright
2008, into Appendix A to subpart F.
(3) 2008 Appendix D to AHRI Standard 700-2014, 2012 Appendix D for
Gas Chromatograms for AHRI Standard 700-2014--Informative, copyright
2012, into Appendix A to subpart F.
(c) American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc., (ASHRAE), 1791 Tullie Circle NE., Atlanta, GA 30329,
U.S.A.
(1) ANSI/ASHRAE Standard 63.2-1996 (RA 2010), Method of Testing
Liquid-Line Filter Drier Filtration Capability, Reaffirmed June 26,
2010, into Appendix B3 to subpart F.
(d) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, www.astm.org.
(1) ASTM D1296-01 (Reapproved 2012), Standard Test Method for Odor
of Volatile Solvents and Diluents, approved July 1, 2012, into Appendix
A to subpart F.
(2) [Reserved]
(e) Gas Processors Association, 6526 East 60th Street, Tulsa,
Oklahoma 74145.
(1) GPA Standard STD-2177-13, Analysis of Natural Gas Liquid
Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography,
Revised, copyright 2013, into Appendix A to subpart F.
(2) [Reserved]
(f) General Services Administration, 301 7th St. SW., Washington, DC
20410.
(1) BB-F-1421B, Federal Specification for ``Fluorocarbon
Refrigerants,'' dated March 5, 1982, IBR approved for Appendix A to
subpart F.
(2) [Reserved]
(g) International Electrotechnical Commission (IEC), 3, rue de
Varemb[eacute], P.O. Box 131. CH-1211 Geneva 20--Switzerland, 41 22 919
02 11, http://www.iec.ch.
(1) IEC 60038, IEC Standard Voltages, Edition 7.0, 2009-06, into
Appendix B3 to subpart F.
(2) [Reserved]
(h) Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook,
IL 60062, 847-272-8800, http://www.ul.com.
(1) UL 1963, Standard for Safety Requirements for Refrigerant
Recovery/Recycling Equipment, Fourth Edition (with revisions through
October 13, 2013), June 1, 2011, in appendix B3 to subpart F, appendix
B4 to subpart F.
(2) [Reserved]
[81 FR 82364, Nov. 18, 2016]
Sec. 82.169 Suspension and revocation procedures.
(a) Failure to abide by any of the provisions of this subpart may
result in the revocation or suspension of the approval to certify
technicians (under Sec. 82.161), approval to act as a recovery/
recycling equipment testing organization (under Sec. 82.160), or
reclaimer certification (under Sec. 82.164), hereafter referred to as
the ``organization.'' In such cases, the Administrator or her or his
designated representative shall give notice of an impending suspension
to the person or organization setting forth the facts or conduct that
provide the basis for the revocation or suspension.
(b) Any organization that has received notice of an impending
suspension or revocation may choose to request a hearing and must file
that request in writing within 30 days of the date of the Agency's
notice at the address listed in Sec. 82.160 and shall set forth their
objections to the revocation or suspension and data to support the
objections.
(c) If the Agency does not receive a written request for a hearing
within 30 days of the date of the Agency's notice, the revocation will
become effective upon the date specified in the notice of an impending
suspension.
(d) If after review of the request and supporting data, the
Administrator or her or his designated representative finds that the
request raises a substantial factual issue, she or he shall provide the
organization with a hearing.
[[Page 162]]
(e) After granting a request for a hearing the Administrator or her
or his designated representative shall designate a Presiding Officer for
the hearing.
(f) The hearing shall be held as soon as practicable at a time and
place determined by the Administrator, the designated representative, or
the Presiding Officer.
(g) The Administrator or her or his designated representative may,
at his or her discretion, direct that all argument and presentation of
evidence be concluded within a specified period established by the
Administrator or her or his designated representative. Said period may
be no less than 30 days from the date that the first written offer of a
hearing is made to the applicant. To expedite proceedings, the
Administrator or her or his designated representative may direct that
the decision of the Presiding Officer (who need not be the
Administrator) shall be the final EPA decision.
(h) Upon appointment pursuant to paragraph (e) of this section, the
Presiding Officer will establish a hearing file. The file shall consist
of the following:
(1) The notice issued by the Administrator under Sec. 82.169(a);
(2) the request for a hearing and the supporting data submitted
therewith;
(3) all documents relating to the request for certification and all
documents submitted therewith; and
(4) correspondence and other data material to the hearing.
(i) The hearing file will be available for inspection by the
petitioner at the office of the Presiding Officer.
(j) An applicant may appear in person or may be represented by
counsel or by any other duly authorized representative.
(k) The Presiding Officer, upon the request of any party or at his
or her discretion, may arrange for a pre-hearing conference at a time
and place he or she specifies. Such pre-hearing conferences will
consider the following:
(1) Simplification of the issues;
(2) Stipulations, admissions of fact, and the introduction of
documents;
(3) Limitation of the number of expert witnesses;
(4) Possibility of agreement disposing of any or all of the issues
in dispute; and
(5) Such other matters as may aid in the disposition of the hearing,
including such additional tests as may be agreed upon by the parties.
(l) The results of the conference shall be reduced to writing by the
Presiding Officer and made part of the record.
(m) Hearings shall be conducted by the Presiding Officer in an
informal but orderly and expeditious manner. The parties may offer oral
or written evidence, subject to the exclusion by the Presiding Officer
of irrelevant, immaterial, and repetitious evidence.
(n) Witnesses will not be required to testify under oath. However,
the Presiding Officer shall call to the attention of witnesses that
their statements may be subject to the provisions of 18 U.S.C. 1001,
which imposes penalties for knowingly making false statements or
representations or using false documents in any matter within the
jurisdiction of any department or agency of the United States.
(o) Any witness may be examined or cross-examined by the Presiding
Officer, the parties, or their representatives.
(p) Hearings shall be reported verbatim. Copies of transcripts of
proceedings may be purchased by the petitioner from the reporter.
(q) All written statements, charts, tabulations, and similar data
offered in evidence at the hearings shall, upon a showing satisfactory
to the Presiding Officer of their authenticity, relevancy, and
materiality, be received in evidence and shall constitute a part of the
record.
(r) Oral argument may be permitted at the discretion of the
Presiding Officer and shall be reported as part of the record unless
otherwise ordered by the Presiding Officer.
(s) The Presiding Officer shall make an initial decision that shall
include written findings and conclusions and the reasons or basis
regarding all the material issues of fact, law, or discretion presented
on the record. The findings, conclusions, and written decision shall be
provided to the parties and made a part of the record. The initial
decision shall become the decision of
[[Page 163]]
the Administrator without further proceedings, unless there is an appeal
to the Administrator or motion for review by the Administrator within 20
days of the date the initial decision was filed.
(t) On appeal from or review of the initial decision, the
Administrator or her or his designated representative shall have all the
powers which he or she would have in making the initial decision,
including the discretion to require or allow briefs, oral argument, the
taking of additional evidence, or a remand to the Presiding Officer for
additional proceedings. The decision by the Administrator or her or his
designated representative shall include written findings and conclusions
and the reasons or basis therefore on all the material issues of fact,
law, or discretion presented on the appeal or considered in the review.
[68 FR 43809, July 24, 2003]
Sec. Appendix A to Subpart F of Part 82--Specifications for Refrigerants
This appendix is based on the Air-Conditioning, Heating, and
Refrigeration Institute Standard 700-2016, Specifications for
Refrigerants.
Section 1. Purpose
1.1 Purpose. The purpose of this standard is to evaluate and
accept/reject refrigerants regardless of source (i.e., new, reclaimed
and/or repackaged) for use in new and existing refrigeration and air-
conditioning products as required under 40 CFR part 82.
1.1.1 Intent. This standard is intended for the guidance of the
industry including manufacturers, refrigerant reclaimers, repackagers,
distributors, installers, servicemen, contractors and for consumers.
1.1.2 Review and Amendment. This standard is subject to review and
amendment as the technology advances.
Section 2. Scope
2.1 Scope. This standard specifies acceptable levels of
contaminants (purity requirements) for various fluorocarbon and other
refrigerants regardless of source and lists acceptable test methods.
These refrigerants are as referenced in the ANSI/ASHRAE Standard 34 with
Addenda:
2.1.1 Single-Component Fluorocarbon Refrigerants: R-11, R-12, R-13,
R-22, R-23, R-32, R-113, R-114, R-115, R-116, R-123, R-124, R-125, R-
134a, R-141b, R-142b, R-143a, R-152a, R-218, R-227ea, R-236fa, R-245fa,
R-1233zd(E), R-1234yf, R-1234ze(E);
2.1.2 Single Component Hydrocarbon Refrigerants: R-50, R-170, R-
E170, R-290, R-600, R-600a, R-601, R-601a, R-610, R-1150, R-1270;
2.1.3 Carbon Dioxide Refrigerant: R-744;
2.1.4 Zeotropic Blend Refrigerants: R-401A, R-401B, R-402A, R-402B,
R-403A, R-403B, R-404A, R-405A, R-406A, R-407A, R-407B, R-407C, R-407D,
R-407E, R-407F, R-408A, R-409A, R-409B, R-410A, R-410B, R-411A, R-411B,
R-412A, R-413A, R-414A, R-414B, R-415A, R-415B, R-416A, R-417A, R-417B,
R-417C, R-418A, R-419A, R-419B, R-420A, R-421A, R-421B, R-422A, R-422B,
R-422C, R-422D, R-422E, R-423A, R-424A, R-425A, R-426A, R-427A, R-428A,
R-429A, R-430A, R-431A, R-434A, R-435A, R-437A, R-438A, R-439A, R-440A,
R-442A, R-444A, R-444B, R-445A, R-446A, R-447A, R-448A, R-449A, R-450A;
2.1.5 Zeotropic Hydrocarbon Blend Refrigerants: R-432A, R-433A, R-
433B, R-433C, R-436A, R-436B, R-441A, R-443A; and
2.1.6 Azeotropic Blend Refrigerants: R-500, R-502, R-503, R-507A,
R-508A, R-508B, R-509A, R-510A, R-511A, and R-512A.
Section 3. Definitions
3.1 Definitions. All terms in this appendix will follow the
definitions in Sec. 82.152 unless otherwise defined in this appendix.
3.2 Shall, Should, Recommended, or It Is Recommended shall be
interpreted as follows:
3.2.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision is mandatory if compliance with this
appendix is claimed.
3.2.2 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 single component
fluorocarbon (Table 1A) and zeotropic/azeotropic blend (Table 2A/3)
refrigerants and contaminants are listed in the following general
classifications:
4.1.1 Isomer content (see Table 1A)
4.1.2 Air and other non-condensables (see Tables 1A, 2A, 3)
4.1.3 Water (see Tables 1A, 2A, 3)
4.1.4 All other volatile impurities (see Tables 1A, 2A, 3)
4.1.5 High boiling residue (see Tables 1A, 2A, 3)
4.1.6 Halogenated unsaturated volatile impurities (see Table 1A)
4.1.7 Particulates/solids (see Tables 1A, 2A, 3)
4.1.8 Acidity (see Tables 1A, 2A, 3)
4.1.9 Chloride (see Tables 1A, 2A, 3)
4.2 Hydrocarbon Characterization. Characterization of hydrocarbon
refrigerants (Tables 1B and 2B) and contaminants are listed in the
following general classifications:
[[Page 164]]
4.2.1 Nominal composition
4.2.2 Other allowable impurities
4.2.3 Air and other non-condensables
4.2.4 Sulfur odor
4.2.5 High boiling residue
4.2.6 Particulates/solids
4.2.7 Acidity
4.2.8 Water
4.2.9 All other volatile impurities
4.2.10 Total C3, C4, and C5 polyolefins
4.3 Carbon Dioxide Characterization. Characterization of carbon
dioxide (Table 1C) and its contaminants are listed in the following
general classifications:
4.3.1 Purity
4.3.2 Air and other non-condensables
4.3.3 Water
4.3.4 High boiling residue
4.3.5 Particulates/solids
Section 5. Sampling and Summary of Test Procedures
5.1 Referee Test. The referee test methods for the various
contaminants are summarized in the following paragraphs. Detailed test
procedures are included in 2008 Appendix C to AHRI Standard 700-2014
(incorporated by reference, see Sec. 82.168). If alternative test
methods are employed, the user must be able to demonstrate that they
produce results at least equivalent to the specified referee test
method.
5.2 Refrigerant Sampling
5.2.1 Sampling Precautions. Special precautions should be taken to
ensure that representative samples are obtained for analysis. Sampling
shall be done by qualified personnel following accepted sampling and
safety procedures. Refrigerants with critical temperatures near or below
ambient temperature cannot be reliably sampled for both liquid and vapor
phase without special handling.
Note: Flammable refrigerants which are ASHRAE 34 class 2L, 2, or 3
present additional safety challenges and require additional measures for
sampling safety procedures compared to nonflammable halocarbons
documented in this standard.
5.2.2 Cylinder Preparation. Place a clean, empty sample cylinder
with the valve open in an oven at 110 [deg]C (230 [deg]F) for one hour.
Remove it from the oven while hot, immediately connect it to an
evacuation system and evacuate to less than 56 kPa. Close the valve and
allow it to cool. Weigh the empty cylinder.
5.2.3 Vapor Phase Sampling. A vapor phase sample shall be obtained
for determining the non-condensables. The source temperature shall be
measured and recorded at the time the sample is taken.
5.2.3.1 Special Handling for Low Critical Temperature Refrigerant.
A vapor phase sample is required to determine non-condensables and
volatile impurities, including other refrigerants. The vapor phase
sample is obtained by regulating the sample container temperature to 5 K
or more above the refrigerant critical temperature.
5.2.3.2 Handling for Liquid Refrigerants with Boiling Points Near
or Above Room Temperature. Since R-11, R-113, R-123, R-141b, R-245fa,
and R-1233zd(E) have normal boiling points near or above room
temperature, non-condensable determination is not required for these
refrigerants.
Note: Non-condensable gases, if present, will concentrate in the
vapor phase of the refrigerant; care must be exercised to eliminate
introduction of either air or liquid phase refrigerant during the sample
transfer.
5.2.4 Liquid Phase Sampling. A liquid phase sample is required for
all tests listed in this standard except the test for non-condensables.
5.2.4.1 Liquid Sampling. Accurate analysis requires that the sample
cylinder, at ambient temperature, be filled to at least 60 percent by
volume; however, under no circumstances should the cylinder be filled to
more than 80 percent 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
immediately disconnect the sample cylinder.
Note: Care should be taken to ensure that all connections and
transfer lines are dry and evacuated to avoid contaminating the sample.
Note: Low critical temperature refrigerants can have extremely high
pressure and the sampling vessel, all connections, and transfer lines
must be designed to handle high pressures.
5.2.4.2 Special Handling for Low Critical Temperature Refrigerant.
A liquid phase sample is required for all testing except volatile
impurities, including other refrigerants. The liquid phase sample is
obtained by regulating the sample cylinder temperature to 2 [deg]C below
the critical temperature of the refrigerant.
Note: If free water is present in the sample, cooling to below 0
[deg]C may result in the formation of ice. Clathrates may form at
temperatures above 0 [deg]C with some fluorocarbon refrigerants.
5.2.4.3 Record Weight. Check the sample cylinder for leaks and
record the gross weight.
5.3 Refrigerant Identification. The required method shall be gas
chromatography (GC) as described in 2008 Appendix C to AHRI Standard
700-2014 (incorporated by reference, see Sec. 82.168) with the
corresponding gas chromatogram figures as illustrated in 2012 Appendix D
to AHRI Standard 700-2014 (incorporated by reference, see Sec. 82.168).
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
[[Page 165]]
an acceptable alternative test method which can be used to characterize
refrigerants. The test method shall be that described in section 4.4.3
of BB-F-1421B (incorporated by reference, see Sec. 82.168).
5.3.3 Required Values. The required values for boiling point and
boiling point range are given in Table 1A, Physical Properties of Single
Component Refrigerants; Table 1B, Physical Properties of Zeotropic
Blends (400 Series Refrigerants); and Table 1C, Physical Properties of
Azeotropic Blends (500 Series Refrigerants).
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 2008 Appendix C to AHRI Standard 700-2014
(incorporated by reference, see Sec. 82.168). This method can be used
for refrigerants that are either a liquid or a gas at room temperature.
For all refrigerants, the sample for water analysis shall be taken from
the liquid phase of the container to be tested.
5.4.2 Limits. The value for water content shall be expressed in
parts per million (ppm) by weight and shall not exceed the maximum
specified in Tables 1A, 1B, 1C, 2A, 2B, and 3.
5.5 Conductivity. (Alternative to chloride and acidity tests).
5.5.1 Method. A refrigerant may be tested for conductivity as an
indication of the presence of acids, metal chlorides, and any compound
that ionizes in water. This alternative procedure is intended for use
with new or reclaimed refrigerants, however, significant amounts of oil
can interfere with the test results.
5.5.2 Limits. The value for conductivity shall be converted to and
expressed in ppm by weight calculated as HCl and shall be compared with
the maximum acidity value specified (see in Tables 1A, 1B, 1C, 2A, 2B,
and 3). If the conductivity is above this amount, then the chloride and
acidity tests shall be conducted. If the conductivity is not greater
than this amount, then the chloride and acidity tests may be omitted.
5.6 Chloride. The refrigerant shall be tested for chloride as an
indication of the presence of hydrochloric acid and/or metal chlorides.
The referee procedure is intended for use with new or reclaimed
halogenated refrigerants; however, high boiling residue in excess of the
amounts in Tables 1A, 1B, 1C, 2A, 2B, and 3 can interfere with the test
results.
5.6.1 Method. The test method shall be that described in 2008
Appendix C to AHRI Standard 700-2014 (incorporated by reference, see
Sec. 82.168). The test will show noticeable turbidity at chloride
levels of about 3 ppm or greater by weight.
5.5.2 Limits. The results of the test shall not exhibit any sign of
turbidity. Report the results as ``pass'' or ``fail.''
5.7 Acidity.
5.7.1 Method. The acidity test uses the titration principle to
detect any compound that is soluble in water and ionizes as an acid. The
test method shall be that described in 2008 Appendix C to AHRI Standard
700-2014 (incorporated by reference, see Sec. 82.168). 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 Section 5.8. The test requires a 50 to 60 gram sample
and has a detection limit of 0.1 ppm by weight calculated as HCl.
5.7.2 Limits. The value for acidity shall be expressed in ppm by
weight as HCl and shall not exceed the limits in Tables 1A, 1B, 2A, 2B,
and 3.
5.8 High Boiling Residue.
5.8.1 Method. High boiling residue shall be determined by either
volume or weight. The volume method measures the residue from a standard
volume of refrigerant after evaporation. The gravimetric method is
described in 2008 Appendix C to AHRI Standard 700-2014 (incorporated by
reference, see Sec. 82.168). Oils and/or organic acids will be captured
by these methods.
5.8.2 Limits. The value for high boiling residue shall be expressed
as a percentage by volume or weight and shall not exceed the maximum
percent specified in Tables 1A, 1B, 1C, 2A, 2B, and 3.
5.9 Particulates and Solids.
5.9.1 Method. A measured amount of sample shall be placed in 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. For details of this test method,
refer to Part 3 of 2008 Appendix C to AHRI Standard 700-2014
(incorporated by reference, see Sec. 82.168).
Note: R-744 will partially sublimate when measuring a known amount
of liquid sample into the dry Goetz bulb and the solid R-744 will
interfere with the visual examination of particulates/solids.
Determining the particulates/solids shall be completed by visual
examination of the Goetz bulb after the evaporation of the refrigerant.
5.9.2 Limits. Visual presence of dirt, rust, or other particulate
contamination is reported as ``fail.''
5.10 Non-Condensables.
5.10.1 Method. 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 where the solubility of
air in the refrigerant 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.
[[Page 166]]
The test method shall be gas chromatography with a thermal
conductivity detector as described in 2008 Appendix C to AHRI Standard
700-2014 (incorporated by reference, see Sec. 82.168).
5.10.2 Limits. The maximum level of non-condensables in the vapor
phase of a test sample shall not exceed the maximum at 25 [deg]C as
shown in Tables 1A, 1B, 1C, 2A, 2B, and 3.
5.11 All Other Volatile Impurities and/or Other Refrigerants.
5.11.1 Method. The amount of volatile impurities including other
refrigerants in the subject refrigerant shall be determined by gas
chromatography as described in 2008 Appendix C to AHRI Standard 700-2014
(incorporated by reference, see Sec. 82.168).
5.11.2 Limits. The test sample shall not contain more than 0.5
percent by weight of volatile impurities including other refrigerants as
shown in Tables 1A, 1B, 1C, 2A, 2B and 3.
5.12 Total C3, C4 and C5 Polyolefins in Hydrocarbon Refrigerants.
5.12.1 Method. The amount of polyolefin impurities in the
hydrocarbon shall be determined by gas chromatography as described in
GPA Standard 2177-13 (incorporated by reference, see Sec. 82.168).
5.12.2 Limits. The test sample shall not contain more than 0.05
percent by weight in the hydrocarbon sample as shown in Tables 1B and
2B. Report the results as ``pass'' or ``fail.''
5.13 Sulfur Odor in Hydrocarbon Refrigerants.
5.13.1 Method. The amount of sulfur containing compounds or other
compounds with an odor shall be determined by ASTM D1296-01 (Reapproved
2012) (incorporated by reference, see Sec. 82.168).
5.13.2 Limits. The test sample paper shall not emit a residual
sulfur odor as shown in Tables 1B and 2B.
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 allowable levels of contaminants are shown
in Tables 1A, 1B, 1C, 2A, 2B, and 3. Test results shall be tabulated in
a similar manner.
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Section 7.0 References--Normative
Listed here are all standards, handbooks, and other publications
essential to the formation and implementation of the standard. All
references in this appendix are considered as part of this standard.
ANSI/ASHRAE Standard 34-2013, Designation and Safety Classification of
Refrigerants,
[[Page 182]]
with Addenda, American National Standards Institute/American
Society of Heating, Refrigerating, and Air-Conditioning
Engineers.
2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for
Analytical Procedures for AHRI Standard 700-2014--Normative,
copyright 2008 (incorporated by reference, see Sec. 82.168).
ASTM D1296-01 (Reapproved 2012), Standard Test Method for Odor of
Volatile Solvents and Diluents, approved July 1, 2012,
(incorporated by reference, see Sec. 82.168).
BB-F-1421B, Federal Specification for ``Fluorocarbon Refrigerants,''
dated March 5, 1982, (incorporated by reference, see Sec.
82.168).
GPA Standard 2177-13, Analysis of Natural Gas Liquid Mixtures Containing
Nitrogen and Carbon Dioxide by Gas Chromatography, Revised,
copyright 2013, (incorporated by reference, see Sec. 82.168).
REFPROP Reference Fluid Thermodynamic and Transport Properties NIST
Standard Reference Database 23 version 9.1, 2013, U.S.
Department of Commerce, Technology Administration, National
Institute of Standards and Technology.
Section 8.0 References--Informative
Listed here are standards, handbooks, and other publications which
may provide useful information and background but are not considered
essential.
2012 Appendix D to AHRI Standard 700-2014, 2012 Appendix D for Gas
Chromatograms for AHRI Standard 700-2014--Informative,
copyright 2012, (incorporated by reference, see Sec. 82.168).
[81 FR 82365, Nov. 18, 2016]
Sec. Appendix A1 to Subpart F of Part 82--Generic Maximum Contaminant
Levels
------------------------------------------------------------------------
Contaminant Reporting units
------------------------------------------------------------------------
Air and Other Non-condensables............ 1.5% by volume @ 25 [deg]C
(N/A for refrigerants used
in low-pressure appliances
\1\).
Water..................................... 10 ppm by weight 20 ppm by
weight (for refrigerants
used in low-pressure
appliances \1\).
Other Impurities Including Refrigerant.... 0.50% by weight.
High boiling residue...................... 0.01% by volume.
Particulates/solids....................... visually clean to pass.
Acidity................................... 1.0 ppm by weight.
Chlorides (chloride level for pass/fail is No visible turbidity.
3ppm).
------------------------------------------------------------------------
\1\ Low-pressure appliances means an appliance that uses a refrigerant
with a liquid phase saturation pressure below 45 psia at 104 [deg]F.
Blend Compositions (Where Applicable)
------------------------------------------------------------------------
Allowable
Nominal composition (by weight%) composition
(by weight%)
------------------------------------------------------------------------
Component constitutes 25% or more....................... 2.0
Component constitutes less than 25% but greater than 10% 1.0
Component constitutes less than or equal to 10%......... 0.5
------------------------------------------------------------------------
[69 FR 11988, Mar. 12, 2004]
Sec. Appendix B1 to Subpart F of Part 82--Performance of Refrigerant
Recovery, Recycling and/or Reclaim Equipment
This appendix is based on the Air-Conditioning and Refrigeration
Institute Standard 740-1993.
Refrigerant Recovery/Recycling Equipment
Section 1. Purpose
1.1 Purpose. The purpose of this standard is to establish methods
of testing for rating and evaluating the performance of refrigerant
recovery, and/or recycling equipment, and general equipment requirements
(herein referred to as ``equipment'') for containment or purity levels,
capacity, speed, and purge loss to minimize emission into the atmosphere
of designated refrigerants.
1.1.1 This standard is intended for the guidance of the industry,
including manufacturers, refrigerant reclaimers, repackers,
distributors, installers, servicemen, contractors and for consumers.
1.1.2 This standard is not intended to be used as a guide in
defining maximum levels of contaminants in recycled or reclaimed
refrigerants used in various applications.
1.2 Review and Amendment. This standard is subject to review and
amendment as the technology advances.
Section 2. Scope
2.1 Scope. This standard defines general equipment requirements and
the test apparatus, test mixtures, sampling and analysis techniques that
will be used to determine the performance of recovery and/or recycling
equipment for various refrigerants including R11, R12, R13, R22, R113,
R114, R123, R134a, R500, R502, and R503, as referenced in the ANSI/
ASHRAE Standard 34-1992, ``Number Designation of Refrigerants''
(American Society of Heating, Refrigerating, and Air Conditioning
Engineers, Inc.).
[[Page 183]]
Section 3. Definitions
3.1 Recovered refrigerant. Refrigerant that has been removed from a
system for the purpose of storage, recycling, reclamation or
transportation.
3.2 Recover. Reference 40 CFR 82.152.
3.3 Recycle. Reference 40 CFR 82.152.
3.4 Reclaim. Reference 40 CFR 82.152.
3.5 Standard Contaminated Refrigerant Sample. A mixture of new and/
or reclaimed refrigerant and specified quantities of identified
contaminants which are representative of field obtained, used
refrigerant samples and which constitute the mixture to be processed by
the equipment under test.
3.6 Push/Pull Method. The push/pull refrigerant recovery method is
defined as the process of transferring liquid refrigerant from a
refrigeration system to a receiving vessel by lowering the pressure in
the vessel and raising the pressure in the system, and by connecting a
separate line between the system liquid port and the receiving vessel.
3.7 Recycle Rate. The amount of refrigerant processed (in pounds)
divided by the time elapsed in the recycling mode in pounds per minute.
For equipment which uses a separate recycling sequence, the recycle rate
does not include the recovery rate (or elapsed time). For equipment
which does not use a separate recycling sequence, the recycle rate is a
maximum rate based solely on the higher of the liquid or vapor recovery
rate, by which the rated contaminant levels can be achieved.
3.8 Equipment Classification.
3.8.1 Self Contained Equipment. A refrigerant recovery or recycling
system which is capable of refrigerant extraction without the assistance
of components contained within an air conditioning or refrigeration
system.
3.8.2 System Dependent Equipment. Refrigerant recovery equipment
which requires for its operation the assistance of components contained
in an air conditioning or refrigeration system.
3.9 ``Shall'', ``Should'', ``Recommended'' or ``It is
Recommended'', ``Shall'' ``Should'', ``recommended'', or ``it is
recommended'' shall be interpreted as follows:
3.9.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision is mandatory if compliance with the
standard is claimed.
3.9.2 Should, Recommended, or It is Recommended, ``Should'',
``recommended'', is used to indicate provisions which are not mandatory
but which are desirable as good practice.
Section 4. General Equipment Requirements
4.1 The equipment manufacturer shall provide operating
instructions, necessary maintenance procedures, and source information
for replacement parts and repair.
4.2 The equipment shall indicate when any filter/drier(s) needs
replacement. This requirement can be met by use of a moisture transducer
and indicator light, by use of a sight glass/moisture indicator, or by
some measurement of the amount of refrigerant processed such as a flow
meter or hour meter. Written instructions such as ``to change the filter
every 400 pounds, or every 30 days'' shall not be acceptable except for
equipment in large systems where the Liquid Recovery Rate is greater
than 25 lbs/min [11.3 Kg/min] where the filter/drier(s) would be changed
for every job.
4.3 The equipment shall either automatically purge non-condensables
if the rated level is exceeded or alert the operator that the non-
condensable level has been exceeded. While air purge processes are
subject to the requirements of this section, there is no specific
requirement to include an air purge process for ``recycle'' equipment.
4.4 The equipment's refrigerant loss due to non-condensable purging
shall not be exceeded 5% by weight of total recovered refrigerant. (See
Section 9.4)
4.5 Internal hose assemblies shall not exceed a permeation rate of
12 pounds mass per square foot [5.8 g/cm \2\] of internal surface per
year at a temperature of 120 F [48.8 [deg]C] for any designated
refrigerant.
4.6 The equipment shall be evaluated at 75 F [24 [deg]C] per 7.1.
Normal operating conditions range from 50 [deg]F to 104 F [10 [deg]C to
40 [deg]C].
4.7 Exemptions:
4.7.1 Equpment intended for recovery only shall be exempt from
sections 4.2 and 4.3.
Table 1--Standard Contaminated Refrigerant Samples
--------------------------------------------------------------------------------------------------------------------------------------------------------
R11 R12 R13 R22 R113 R114 R123 R134a R500 R502 R503
--------------------------------------------------------------------------------------------------------------------------------------------------------
Moisture content:
PPM by weight of pure refrigerant................ 100 80 30 200 100 85 100 200 200 200 30
Particulate content:
PPM by weight of pure refrigerant characterized 80 80 80 80 80 80 80 80 80 80 80
by \1\..........................................
[[Page 184]]
Acid content:
PPM by weight of pure refrigerant--(mg KOH per kg 500 100 NA 500 400 200 500 100 100 100 NA
refrig.) characterized by \2\...................
Mineral oil content:
% by weight of pure refrigerant.................. 20 5 NA 5 20 20 20 5 5 5 NA
Viscosity (SUS).................................. 300 150 ....... 300 300 300 300 150 150 150
Non condensable gases air content % volume\3\ .........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Particulate content shall consist of inert materials and shall comply with particulate requirements in ASHRAE Standard 63.2, ``Method of Testing of
Filtration Capacity of Refrigerant Liquid Line Filters and Filter Driers.''
\2\ Acid consists of 60% oleic acid and 40% hydrochloric acid on a total number basis.
\3\ Synthetic ester based oil.
Section 5. Contaminated Refrigerants
5.1 The standard contaminated refrigerant sample shall have the
characteristics specified in Table 1, except as provided in 5.2
5.2 Recovery equipment not rated for any specific contaminant can
be tested with new or reclaimed refrigerant.
Section 6. Test Apparatus
6.1 Self Contained Equipment Test Apparatus. The apparatus as shown
in Figure 1 consists of a 3 cubic foot [0.085 m\3\] mixing chamber with
a conical-shaped bottom, although a larger mixing chamber is
permissible. The size of the mixing chamber depends upon the size of the
equipment. The outlet at the bottom of the cone and all restrictions and
valves for liquid and vapor refrigerant lines in the test apparatus
shall be a minimum of 0.375 in. [9.5 mm] inside diameter or equivalent.
The minimum inside diameter for large equipment for use on chillers
shall be 1.5 in. [38 mm.]. The mixing chamber shall contain various
ports for receiving liquid refrigerant, oil, and contaminants. A
recirculating line connected from the bottom outlet through a
recirculating pump and then to a top vapor port shall be provided for
stirring of the mixture. Isolation valves may be required for the pump.
Alternative stirring means may be used if demonstrated to be equally
effective.
6.1.1 For liquid refrigerant feed, the liquid valve is opened. For
vapor refrigerant feed, the vapor valve is opened and refrigerant passes
through an evaporator coil. Flow is controlled by a thermostatic
expansion valve to create 5 F [3 [deg]C] superheat at an evaporator
temperature of 70 F 3 F[21 [deg]C2[deg]]. The evaporator coil or equivalent evaporator
means shall be either sized large enough for the largest system or be
sized for each system.
6.1.2 An alternative method for vapor refrigerant feed is to pass
through a boiler and then an automatic pressure regulating valve set at
refrigerant saturation pressure at 75 F 3 F [24
[deg]C 2 [deg]C].
6.2 System Dependent Equipment Test Apparatus. This test apparatus
is to be used for final recovery vacuum rating of all system dependent
equipment.
6.2.1 The test apparatus shown in Figure 2 consists of a complete
refrigeration system. The manufacturer shall identify the refrigerants
to be tested. The test apparatus can be modified to facilitate operation
or testing of the system dependent equipment if the modifications to the
apparatus are specifically described within the manufacturer's
literature. (See Figure 2.) A \1/4\ inch [6.3 mm] balance line shall be
connected across the test apparatus between the high and low pressure
sides, with an isolation valve located at the connection to the
compressor high side. A \1/4\ inch [6.3 mm] access port with a valve
core shall be located in the balance line for the purpose of measuring
final recovery vacuum at the conclusion of the test.
[[Page 185]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.107
[[Page 186]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.108
Section 7. Performance Testing
7.1 Contaminant removal and performance testing shall be conducted
at 75 F 2 F [23.9 [deg]C 1.1
[deg]C].
7.1.1 The equipment shall be prepared for operation per the
instruction manual.
7.1.2 The contaminated sample batch shall consist of not less than
the sum of the amounts required to complete steps 7.1.2.2 and 7.1.2.3
below.
7.1.2.1 A liquid sample shall be drawn from the mixing chamber
prior to starting the test to assure quality control of the mixing
process.
7.1.2.2 Vapor refrigerant feed testing, if elected, shall normally
be processed first. After the equipment reaches stabilized conditions of
condensing temperature and/or storage tank pressure, the vapor feed
recovery rate shall be measured. One method is to start measuring the
vapor refrigerant recovery rate when 85% of refrigerant remains in the
mixing chamber and continue for a period of time sufficient to achieve
the accuracy in 9.2. If liquid feed is not elected, complete Step
7.1.2.4.
7.1.2.3 Liquid refrigerant feed testing, if elected, shall be
processed next. After the equipment reaches stabilized conditions, the
liquid feed recovery rate shall be measured. One method is to wait 2
minutes after starting liquid feed and then measure the liquid
refrigerant recovery rate for a period of time sufficient to achieve the
accuracy in 9.1. Continue liquid recovery operation as called for in
7.1.2.4.
7.1.2.4 Continue recovery operation until all liquid is removed
from the mixing chamber and vapor is removed to the point where the
equipment shuts down per automatic means or is manually stopped per the
operating instructions.
7.1.2.5 After collecting the first contaminated refrigerant sample
batch, the liquid and vapor value of the apparatus shall be closed and
the mixing chamber pressure recorded after 1 minute as required in 9.5.
After preparing a second contaminated refrigerant sample batch, continue
recovery until the storage container reaches 80% liquid fill level.
After recycling and measuring
[[Page 187]]
the recycle rate per section 7.1.3, set this container aside for the
vapor sample in 8.2.2.
7.1.2.6 Interruptions in equipment operations as called for in
instruction manual are allowable.
7.1.3 Recycle as called for in equipment operating instructions.
Determine recycle rate by appropriate means as required in 9.3.
7.1.4 Repeat steps 7.1.2, 7.1.2.4, and 7.1.3 with contaminated
refrigerant sample until equipment indicator(s) show need to change
filter(s). It will not be necessary to repeat the recycle rate
determination in 7.1.3.
7.1.4.1 For equipment with a multiple pass recirculating filter
system, analyze the contents of the previous storage container.
7.1.4.2 For equipment with a single pass filter system, analyze the
contents of the current storage container.
7.1.5 Refrigerant loss due to the equipment's non-condensable gas
purge shall be determined by appropriate means. (See Section 9.4.)
7.2 System Dependent Equipment. This procedure shall be used for
vacuum rating of all system dependent equipment. Liquid refrigerant
recovery rate, vapor refrigerant recovery rate, and recycle rate are not
tested on system dependent systems.
7.2.1 The apparatus operation and testing shall be conducted at 75
F 2 F. [23.9 [deg]C. /1.1.
[deg]C.].
7.2.2 The apparatus shall be charged with refrigerant per its
system design specifications.
7.2.3 For measurement of final recovery vacuum as required in 9.5,
first shut the balance line isolation valve and wait 1 minute for
pressure to balance. Then connect and operate the recovery system per
manufacturers recommendations. When the evacuation is completed, open
the balance line isolation valve and measure the pressure in the balance
line.
Section 8. Sampling and Chemical Analysis Methods
8.1 The referee test methods for the various contaminants are
summarized in the following paragraphs. Detailed test procedures are
included in Appendix A ``Test Procedures for ARI STD 700.'' If alternate
test methods are employed, the user must be able to demonstrate that
they produce results equivalent to the specified referee method.
8.2 Refrigerant Sampling.
8.2.1 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.
8.2.2 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 and 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, noncondensable
determination is not required for these refrigerants.
8.2.2.1 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.
8.2.2.2 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.
8.2.3 Liquid Phase Sample. A liquid phase sample is required for
all tests listed in this standard, except the test for non-condensables.
8.2.3.1 Place an empty sample cylinder with the valve open in an
oven at 230 F [110 [deg]C] for one hour. Remove it from the oven while
hot, immediately connect to an evacuation system and evacuate to less
than 1mm. mercury (1000 microns). Close the valve and allow it to cool.
8.2.3.2 The valve and lines from the unit to be sampled shall be
clean and dry. Connect the line to the sample cylinder loosely. Purge
through the loose connection. Make the connection tight at the end of
the purge period. 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.
8.2.3.3 Check the sample cylinder for leaks and record the gross
weight.
8.3 Water Content.
8.3.1. The Coulometric Karl Fischer Titration shall be the primary
test method for determining the water content of refrigerants. This
method is described in Appendix A. This method can be used for
refrigerants that are either a liquid or a gas at room temperature,
including Refrigerants 11 and 13. 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.
[[Page 188]]
8.3.2 The Karl Fischer Test Method is an acceptable alternative
test method for determining the water content of refrigerants. This
method is described in ASTM Standard for ``Water in gases Using Karl
Fisher Reagent'' E700-79, reapproved 1984 (American Society for Testing
and Materials, Philadelphia, PA).
8.3.3 Report the moisture level in parts per million by weight if a
sample is required.
8.4 Chloride. The refrigerant shall be tested for chlorides as an
indication of the presence of hydrochloric or similar acids. 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 chlorides.
8.4.1 The test method shall be that described in Appendix A ``Test
Procedures for ARI-700.'' The test will show noticeable turbidity at
equivalent chloride levels of about 3 ppm by weight or higher.
8.4.2 The results of the test shall not exhibit any sign of
turbity. Report results as ``pass'' or ``fail.''
8.5 Acidity.
8.5.1 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 A. ``Test Procedures for
ARI-700.'' The 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 Section 5.7. The test requires
about a 100 to 120 gram sample and has a low detection limit of 0.1 ppm
by weight as HC1.
8.6 High Boiling Residue.
8.6.1 High boiling residue will be determined by measuring the
residue of a standard volume of refrigerant after evaporation. The
refrigerant sample shall be evaporated at room temperature or a
temperature 50 F [10[deg].0C], above the boiling point of the sample
using a Goetz tube as specified in Appendix A ``Test Procedures for ARI-
700.'' Oils and or organic acids will be captured by this method.
8.6.2 The value for high boiling residue shall be expressed as a
percentage by volume.
8.7 Particulates/Solids.
8.7.1 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 empty Goetz bulb after the
sample has evaporated completely. Presence of dirt, rust or other
particulate contamination is reported a ``fail.'' For details of this
test method, refer to Appendix B ``Test Procedures for ARI-700.''
8.8 Non-Condensables
8.8.1 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 refrigerant containing tanks. 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.
8.8.2 The test method shall be gas chromatography with a thermal
conductivity detector as described in Appendix A ``Test Procedures for
ARI-700.''
8.8.2.1 The Federal Specification for ``Fluorocarbon
Refrigerants,'' BB-F-1421B, dated March 5, 1992, section 4.4.2
(perchloroethylene method) is an acceptable alternate test method.
8.8.3 Report the level of non-condensable as percent by volume.
Section 9. Performance Calculation and Rating
9.1 The liquid refrigerant recovery rate shall be expressed in
pounds per minute [kg/min] and measured by weight change at the mixing
chamber (See Figure 1) divided by elapsed time to an accuracy within .02
lbs/min. [.009 kg/min]. Ratings using the Push/Pull method shall be
identified ``Push/Pull''. Equipment may be rated by both methods.
9.2 The vapor refrigerant recovery rate shall be expressed in
pounds per minute [kg/min] and measured by weight change at the mixing
chamber (See Figure 1) divided by elapsed time to an accuracy within .02
lbs/min. [.0.009 kg/min].
9.3 The recycle rate is defined in 3.7 and expressed in pounds per
minute [kg/min] of flow and shall be per ASHRAE 41.7-84 ``Procedure For
Fluid Measurement Of Gases'' or ASHRAE 41.8-89 ``Standard Method of Flow
of Fluids--Liquids.''
9.3.1 For equipment using multipass recycling or a separate
sequence, the recycle rate shall be determined by dividing the net
weight W of the refrigerant to be recycled by the actual time T required
to recycle the refrigerant. Any set-up or operator interruptions shall
not be included in the time T. The accuracy of the recycle rate shall be
within .02 lbs/min. [.009 kg/min].
9.3.2 If no separate recycling sequence is used, the recycle rate
shall be the higher of the vapor refrigerant recovery rate or the liquid
refrigerant recovery rate. The recycle rate shall match a process which
leads to contaminant levels in 9.6. Specifically, a recovery rate
determined from bypassing a contaminant removal device cannot be used as
a recycle rate when the contaminant levels in 9.6 are determined by
passing the refrigerant through the containment removal device.
9.4 Refrigerant loss due to non-condensable purging shall be less
than 5%. This rating shall be expressed as ``passed'' if less than 5%.
[[Page 189]]
This calculation will be based upon net loss of non-condensables and
refrigerant due to the purge divided by the initial net content. The net
loss shall be determined by weighing before and after the purge, by
collecting purged gases, or an equivalent method.
9.5 The final recovery vacuum shall be the mixing chamber pressure
called for in 7.1.2.5 expressed in inches of mercury vacuum, [mm Hg or
kP]. The accuracy of the measurement shall be within .1 inch [2.5mm] of Hg and rounding
down to the nearest whole number.
9.6 The contaminant levels remaining after testing shall be
published as follows:
Moisture content, PPM by weight
Chloride ions, Pass/Fail
Acidity, PPM by weight
High boiling residue, percentage by volume
Particulate/solid, Pass/Fail
Non-condensables, % by volume
9.7 Product Literature: Except as provided under product labelling
in Section 11. performance ratings per 9.1, 9.2, 9.3, and 9.5 must be
grouped together and shown for all listed refrigerants (11.2) subject to
limitations of 9.8. Wherever any contaminant levels per 9.6 are rated,
all ratings in 9.6 must be shown for all listed refrigerants subject to
limitations of 9.8. The type of equipment in 11.1 must be included with
either grouping. Optional ratings in 9.8 need not be shown.
9.8 Ratings shall include all of the parameters for each designed
refrigerant in 11.2 as shown in Tables 2 and 3.
Table 2--Performance
------------------------------------------------------------------------
System
Parameter/type of equipment Recovery Recovery/ Recycle dependent
recycle equipment
------------------------------------------------------------------------
Liquid refrigerant recovery (\2\) (\2\) N/A N/A
rate.........................
Vapor refrigerant recovery (\2\) (\2\) N/A N/A
rate.........................
Final recovery vacuum......... (\1\) (\1\) N/A (\1\)
Recycle rate.................. N/A (\1\) (\1\) N/A
Refrigerant loss due to non- (\3\) (\1\) (\1\) N/A
condensable purging..........
------------------------------------------------------------------------
\1\ Mandatory rating.
\2\ For a recovery or recovery/recycle unit, one must rate for either
liquid feed only or vapor feed only or can rate for both. If rating
only the one, the other shall be indicated by ``N/A.''
\3\ For Recovery Equipment, these parameters are optional. If not rated,
use N/A.
Table 3--Contaminants
----------------------------------------------------------------------------------------------------------------
Recovery/
Contaminant/type of equipment Recovery recycle Recycle System dependent equipment
----------------------------------------------------------------------------------------------------------------
Moisture content.......................... (*) x x NA.
Chloride ions............................. (*) x x NA.
Acidity................................... (*) x x NA.
High boiling residue...................... (*) x x NA.
Particulates.............................. (*) x x NA.
Non-condensables.......................... (*) x x NA.
----------------------------------------------------------------------------------------------------------------
* For Recovery Equipment, these parameters are optional. If not rated, use N/A.
x Mandatory rating.
Section 10. Tolerances
10.1 Any equipment tested shall produce contaminant levels not
higher than the published ratings. The liquid refrigerant recovery rate,
vapor refrigerant recovery rate, final recovery vacuum and recycle rate
shall not be less than the published ratings.
Section 11. Product Labelling
11.1 Type of equipment. The type of equipment shall be as listed:
11.1.1 Recovery only
11.1.2 System Dependent Recovery
11.1.3 Recovery/Recycle
11.1.4 Recycle only
11.2 Designated refrigerants and the following as applicable for
each:
11.2.1 Liquid Recovery Rate
11.2.2 Vapor Recovery Rate
11.2.3 Final Recovery Vacuum
11.2.4 Recycle Rate
11.3 The nameplate shall also conform to the labeling requirements
established for certified recycling and recovery equipment established
at 40 CFR 82.158(h).
Attachment to Appendix B1
Particulate Used in Standard Contaminated Refrigerant Sample.
[[Page 190]]
1. Particulate Specification
1.1 The particulate material pm will be a blend of 50% coarse air
cleaner dust as received, and 50% retained on a 200-mesh screen. The
coarse air cleaner dust is available from: AC Spark Plug Division,
General Motors Corporation, Flint, Michigan.
1.2 Preparation of Particulate Materials
To prepare the blend of contaminant, first wet screen a quantity of
coarse air cleaner dust on a 200-mesh screen (particle retention 74 pm).
This is done by placing a portion of the dust on a 200-mesh screen and
running water through the screen while stirring the dust with the
fingers. The fine contaminant particles passing through the screen are
discarded. The +200 mesh particles collected on the screen are removed
and dried for one hour at 230 F [110 [deg]C]. The blend of standard
contaminant is prepared by mixing 50% by weight of coarse air cleaner
dust as received after drying for one hour at 230 F [110 [deg]C] with
50% by weight of the +200 mesh screened dust.
1.3 The coarse air cleaner dust as received and the blend used as
the standard contaminant have the following approximate particle size
analysis: Wt. % in various size ranges, pm.
------------------------------------------------------------------------
Size range As received Blend
------------------------------------------------------------------------
0-5.......................................... 12 6
5-10......................................... 12 6
10-20......................................... 14 7
20-40......................................... 23 11
40-80......................................... 30 32
80-200........................................ 9 38
------------------------------------------------------------------------
[58 FR 28712, May 14, 1993, as amended at 59 FR 42960, Aug. 19, 1994.
Redesignated and amended at 68 FR 43815, July 24, 2003]
Sec. Appendix B2 to Subpart F of Part 82--Performance of Refrigerant
Recovery, Recycling, and/or Reclaim Equipment
This appendix is based on the Air-Conditioning and Refrigeration
Institute Standard 740-1995.
Section 1. Purpose
1.1 Purpose. The purpose of this standard is to establish methods
of testing for rating and evaluating the performance of refrigerant
recovery, and/or recycling equipment and general equipment requirements
(herein referred to as ``equipment'') for contaminant or purity levels,
capacity, speed and purge loss to minimize emission into the atmosphere
of designated refrigerants.
Section 2. Scope
2.1 Scope. This standard applies to equipment for recovering and/or
recycling single refrigerants, azeotropics, zeotropic blends, and their
normal contaminants from refrigerant systems. This standard defines the
test apparatus, test gas mixtures, sampling procedures and analytical
techniques that will be used to determine the performance of refrigerant
recovery and/or recycling equipment (hereinafter, ``equipment'').
Section 3. Definitions
3.1 Definitions. All terms in this appendix will follow the
definitions in Sec. 82.152 unless otherwise defined in this appendix.
3.2 Clearing Refrigerant. Procedures used to remove trapped
refrigerant from equipment before switching from one refrigerant to
another.
3.3 High Temperature Vapor Recovery Rate. For equipment having at
least one designated refrigerant (see 11.2) with a boiling point in the
range of -50 to +10 [deg]C, the rate will be measured for R-22, or the
lowest boiling point refrigerant if R-22 is not a designated
refrigerant.
3.4 Published Ratings. A statement of the assigned values of those
performance characteristics, under stated rating conditions, by which a
unit may be chosen to fit its application. These values apply to all
units of like nominal size and type (identification) produced by the
same manufacturer. As used herein, the term ``published rating''
includes the rating of all performance characteristics shown on the unit
or published in specifications, advertising or other literature
controlled by the manufacturer, at stated rating conditions.
3.5 Push/Pull Method. The push/pull refrigerant recovery method is
defined as the process of transferring liquid refrigerant from a
refrigeration system to a receiving vessel by lowering the pressure in
the vessel and raising the pressure in the system, and by connecting a
separate line between the system liquid port and the receiving vessel.
3.6 Recycle Flow Rate. The amount of refrigerant processed divided
by the time elapsed in the recycling mode. For equipment which uses a
separate recycling sequence, the recycle rate does not include the
recovery rate (or elapsed time). For equipment which does not use a
separate recycling sequence, the recycle rate is a rate based solely on
the higher of the liquid or vapor recovery rate, by which the
contaminant levels were measured.
3.7 Residual Trapped Refrigerant. Refrigerant remaining in
equipment after clearing.
3.8 Shall, Should, Recommended or It Is Recommended shall be
interpreted as follows:
3.8.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision
[[Page 191]]
is mandatory if compliance with this appendix is claimed.
3.8.2 Should, Recommended or It Is Recommended is used to indicate
provisions which are not mandatory but which are desirable as good
practice.
3.9 Standard Contaminated Refrigerant Sample. A mixture of new or
reclaimed refrigerant and specified quantities of identified
contaminants which constitute the mixture to be processed by the
equipment under test. These contaminant levels are expected only from
severe service conditions.
3.10 Trapped Refrigerant. The amount of refrigerant remaining in
the equipment after the recovery or recovery/recycling operation but
before clearing.
3.11 Vapor Recovery Rate. The average rate that refrigerant is
withdrawn from the mixing chamber between two pressures as vapor
recovery rate is changing pressure and temperature starting at saturated
conditions either 24 [deg]C or at the boiling point 100 kPa (abs),
whichever is higher. The final pressure condition is 10% of the initial
pressure, but not lower than the equipment final recovery vacuum and not
higher than 100 kPa (abs).
Section 4. General Equipment Requirements
4.1 Equipment Information. The equipment manufacturer shall provide
operating instructions, necessary maintenance procedures and source
information for replacement parts and repair.
4.2 Filter Replacement. The equipment shall indicate when any
filter/drier(s) needs replacement. This requirement can be met by use of
a moisture transducer and indicator light, by use of a sight glass/
moisture indicator or by some measurement of the amount of refrigerant
processed such as a flow meter or hour meter. Written instructions such
as ``to change the filter every 181 kg, or every 30 days'' shall not be
acceptable except for equipment in large systems where the liquid
recovery rate is greater than 11.3 kg/min where the filter/drier(s)
would be changed for every job.
4.3 Purge of Non-Condensable. If non-condensables are purged, the
equipment shall either automatically purge non-condensables or provide
indicating means to guide the purge process.
4.4 Purge Loss. The total refrigerant loss due to purging non-
condensables, draining oil and clearing refrigerant (see 9.5) shall be
less than 3% (by weight) of total processed refrigerant.
4.5 Permeation Rate. High pressure hose assemblies \5/8\ in. [16
mm] nominal and smaller shall not exceed a permeation rate of 3.9 g/
cm\2\/yr (internal surface) at a temperature of 48.8 [deg]C. Hose
assemblies that UL recognized as having passed ANSI/UL 1963 requirements
shall be accepted without testing. See 7.1.4.
4.6 Clearing Trapped Refrigerant. For equipment rated for more than
one refrigerant, the manufacturer shall provide a method and
instructions which will accomplish connections and clearing within 15
minutes. Special equipment, other than a vacuum pump or manifold gauge
set shall be furnished. The clearing procedure shall not rely upon the
storage cylinder below saturated pressure conditions at ambient
temperature.
4.7 Temperature. The equipment shall be evaluated at 24 [deg]C with
additional limited evaluation at 40 [deg]C. Normal operating conditions
range from 10 [deg]C to 40 [deg]C.
4.8 Exemptions. Equipment intended for recovery only shall be
exempt from 4.2 and 4.3.
Section 5. Contaminated Refrigerants
5.1 Sample Characteristics. The standard contaminated refrigerant
sample shall have the characteristics specified in Table 1, except as
provided in 5.2.
5.2 Recovery-Only Testing. Recovery equipment not rated for any
specific contaminant shall be tested with new or reclaimed refrigerant.
Section 6. Test Apparatus
6.1 General Recommendations. The recommended test apparatus is
described in the following paragraphs. If alternate test apparatus are
employed, the user shall be able to demonstrate that they produce
results equivalent to the specified referee apparatus.
6.2 Self-Contained Equipment Test Apparatus. The apparatus, shown
in Figure 1, shall consist of:
6.2.1 Mixing Chamber. A mixing chamber consisting of a tank with a
conical-shaped bottom, a bottom port and piping for delivering
refrigerant to the equipment, various ports and valves for adding
refrigerant to the chamber and stirring means for mixing.
6.2.2 Filling Storage Cylinder. The storage cylinder to be filled
by the refrigerant transferred shall be cleaned and at the pressure of
the recovered refrigerant at the beginning of the test. It will not be
filled over 80%, by volume.
6.2.3 Vapor Feed. Vapor refrigerant feed consisting of evaporator,
control valves and piping to create a 3.0 [deg]C superheat condition at
an evaporating temperature of 21 [deg]C 2K.
6.2.4 Alternative Vapor Feed. An alternative method for vapor feed
shall be to pass the refrigerant through a boiler and then through an
automatic pressure regulating valve set at different saturation
pressures, moving from saturated pressure at 24 [deg]C to final pressure
of recovery.
6.2.5 Liquid Feed. Liquid refrigerant feed consisting of control
valves, sampling port and piping.
6.2.6 Instrumentation. Instrumentation capable of measuring weight,
temperature, pressure and refrigerant loss, as required.
[[Page 192]]
Table 1--Standard Contaminated Refrigerant Samples
--------------------------------------------------------------------------------------------------------------------------------------------------------
R11 R12 R13 R22 R113 R114 R123 R134a R500 R502 R503
--------------------------------------------------------------------------------------------------------------------------------------------------------
Moisture Content: ppm by Weight of Pure refrigerant.. 100 80 30 200 100 85 200 200 200 200 30
Particulate Content: ppm by Weight of Pure 80 80 NA 80 80 80 80 80 80 80 NA
Refrigerant Characterized by \1\....................
Acid Content: ppm by Weight of Pure Refrigerant--(mg 500 100 NA 500 400 200 500 100 100 100 NA
KOH per kg Refrigerant) Characterized by \2\........
Mineral Oil Content:
% by Weight of Pure Refrigerant.................. 20 5 NA 5 20 20 20 5 5 5 NA
Viscosity (SUS).................................. 300 150 ....... 300 300 300 300 150 \3\ 150 150
Non-Condensable Gases (Air Content): % by Volume..... NA 3 3 3 NA 3 NA 3 3 3 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Particulate content shall consist of inert materials and shall comply with particulate requirements in appendix B.
\2\ Acid consists of 60% oleic acid and 40% hydrochloric acid on a total number basis.
\3\ Synthetic ester-based oil.
[[Page 193]]
[GRAPHIC] [TIFF OMITTED] TR24JY03.007
6.3 Size. The size of the mixing chamber shall be a minimum of .09
m\3\. The bottom port and the refrigerant feed shall depend on the size
of the equipment. Typically, the mixing valves and piping shall be 9.5
mm. For large equipment to be used on chillers, the minimum inside
diameter of ports, valves and pipings shall be the smaller of the
manufacturer's recommendation or 37 mm.
6.4 System Dependent Equipment Test Apparatus. This test apparatus
is to be used for final recovery vacuum rating of all system dependent
equipment.
[[Page 194]]
6.4.1 Test Setup. The test apparatus shown in Figure 2 consists of
a complete refrigeration system. The manufacturer shall identify the
refrigerants to be tested. The test apparatus can be modified to
facilitate operation or testing of the system dependent equipment if the
modifications to the apparatus are specifically described within the
manufacturer's literature. (See Figure 2.) A 6.3 mm balance line shall
be connected across the test apparatus between the high and low-pressure
sides, with an isolation valve located at the connection to the
compressor high side. A 6.3 mm access port with a valve core shall be
located in the balance line for the purpose of measuring final recovery
vacuum at the conclusion of the test.
Section 7. Performance Testing
7.1 General Testing.
7.1.1 Temperatures. Testing shall be conducted at an ambient
temperature of 24 [deg]C 1K except high
temperature vapor recovery shall be at 40 [deg]C 1K. The evaporator conditions of 6.2.3 shall be
maintained as long as liquid refrigerant remains in the mixing chamber.
7.1.2 Refrigerants. The equipment shall be tested for all
designated refrigerants (see 11.2). All tests in Section 7 shall be
completed for each refrigerant before starting tests with the next
refrigerant.
7.1.3 Selected Tests. Tests shall be as appropriate for the
equipment type and ratings parameters selected (see 9.9, 11.1 and 11.2).
7.1.4 Hose Assemblies. For the purpose of limiting refrigerant
emissions to the atmosphere, hose assemblies shall be tested for
permeation according to ANSI/UL Standard 1963, Section 40.10.
7.2 Equipment Preparation and Operation. The equipment shall be
prepared and operated per the operating instructions.
7.3 Test Batch. The test batch consisting of refrigerant sample
(see Section 5) of the test refrigerant shall be prepared and thoroughly
mixed. Continued mixing or stirring shall be required during the test
while liquid refrigerant remains in the mixing chamber. The mixing
chamber shall be filled to 80% level by volume.
7.3.1 Control Test Batch. Prior to starting the test for the first
batch for each refrigerant, a liquid sample will be drawn from the
mixing chamber and analyzed per Section 8 to assure that contaminant
levels match Table 1 within 10 ppm for moisture,
20 ppm for particulate, 20
ppm for oleic acid and 0.5% for oil.
7.4 Recovery Tests (Recovery and Recovery/Recycle Equipment).
7.4.1 Determining Recovery Rates. The liquid and vapor refrigerant
recovery rates shall be measured during the first test batch for each
refrigerant (see 9.1, 9.2 and 9.4). Equipment preparation and recovery
cylinder changeover shall not be included in elapsed time measurements
for determining vapor recovery rate and liquid refrigerant recovery
rate. Operations such as subcooling the recovery cylinder shall be
included. Recovery cylinder shall be the same size as normally furnished
or specified in the instructions by the equipment manufacturer.
Oversized tanks shall not be permitted.
7.4.1.1 Liquid Refrigerant Recovery Rate. If elected, the recovery
rate using the liquid refrigerant feed means (see 6.2.5) shall be
determined. After the equipment reaches stabilized conditions of
condensing temperature and/or recovery cylinder pressure, the recovery
process shall be stopped and an initial weight shall be taken of the
mixing chamber (see 9.2). The recovery process shall be continued for a
period of time sufficient to achieve the accuracy in 9.4. The recovery
process shall be stopped and a final weight shall be taken of the mixing
chamber.
[[Page 195]]
[GRAPHIC] [TIFF OMITTED] TR24JY03.008
7.4.1.2 Vapor Refrigerant Recovery Rate. If elected, the average
vapor flow rate shall be measured to accuracy requirements in clause 9.4
under conditions with no liquid refrigerant in the mixing chamber. The
liquid recovery feed means shall be used. At initial conditions of
saturated vapor at the higher of 24 [deg]C or the boiling temperature
(100 kPa absolute pressure), the weight of the mixing chamber and the
pressure shall be recorded. At final conditions representing pressure in
the mixing chamber of 10% of the initial condition, but not less than
the final recovery vacuum (see 9.6) nor more than 100 kPa, measure the
weight of the mixing chamber and the elapsed time.
7.4.1.3 High Temperature Vapor Recovery Rate. Applicable for
equipment having at least one designated refrigerant (see 11.2) with a
boiling point between -50 [deg]C and +10 [deg]C. Measure the rate for R-
22, or the refrigerant with the lowest boiling point if R-22 is not a
designated refrigerant. Repeat the test in 7.4.1.2 at saturated
conditions at 40 [deg]C and continue to operate equipment to assure it
will achieve the final recovery vacuum (see 7.4.3).
7.4.2 Recovery Operation. This test is for determining the final
recovery vacuum and the ability to remove contaminants as appropriate.
If equipment is rated for liquid recovery (see 7.4.1.3), liquid recovery
feed means described in 6.2.5 shall be used. If not, vapor recovery
means described in 6.2.3 or 6.2.4 shall be used. Continue recovery
operation until all liquid is removed from the test apparatus and vapor
is removed to the point where equipment shuts down by automatic means or
is manually shut off per operating instructions.
7.4.2.1 Oil Draining. Capture oil from the equipment at intervals
as required in the instructions. Record the weight of the container.
Completely remove refrigerant from oil by evacuation or other
appropriate means. The weight difference shall be used in 9.5.2.
7.4.3 Final Recovery Vacuum. At the end of the first test batch for
each refrigerant, the liquid valve and vapor valve of the apparatus
shall be closed. After waiting 1 minute, the mixing chamber pressure
shall be recorded (see 9.6).
7.4.4 Residual Refrigerant. This test will measure the mass of
remaining refrigerant in the equipment after clearing and therefore the
potential for mixing refrigerants (see 4.6).
[[Page 196]]
7.4.4.1 Initial Conditions. At the end of the last test for each
batch for each refrigerant, the equipment shall be disconnected from the
test apparatus (Figure 1). Recycle per 7.5, if appropriate. Perform
refrigerant clearing operations as called for in the instruction manual.
Capture and record the weight of any refrigerant which would have been
emitted to the atmosphere during the clearing process for use in 9.5. If
two loops are used for recycling, trapped refrigerant shall be measured
for both.
7.4.4.2 Residual Trapped Refrigerant. Evacuate an empty test
cylinder to 1.0 kPa absolute. Record the empty weight of the test
cylinder. Open all valves to the equipment so as to provide access to
all trapped refrigerant. Connect the equipment to the test cylinder and
operate valves to recover the residual refrigerant. Record the weight of
the test cylinder using a recovery cylinder pressure no less than
specified in 6.2.2. Place the test cylinder in liquid nitrogen for a
period of 30 minutes or until a vacuum of 1000 microns is reached,
whichever occurs first.
7.5 Recycling Tests (Recovery/Recycle Equipment).
7.5.1 Recycling Operation. As each recovery cylinder is filled in
7.4.2, recycle according to operating instructions. There will not
necessarily be a separate recycling sequence. Note non-condensable purge
measurement in 9.5.
7.5.1.1 Recycle Flow Rate. While recycling the first recovery
cylinder for each refrigerant, determine the recycling flow rate by
appropriate means (see 9.3) to achieve the accuracy required in 9.4.
7.5.2 Non-Condensable Sample. After completing 7.4.3, prepare a
second test batch (7.3). Recover per 7.4.2 until the current recovery
cylinder is filled to 80% level by volume. Recycle per 7.5.1. Mark this
cylinder and set aside for taking the vapor sample. For equipment having
both an internal tank of at least 3 kg refrigerant capacity and an
external recovery cylinder, two recovery cylinders shall be marked and
set aside. The first is the cylinder described above. The second
cylinder is the final recovery cylinder after filling it to 80% level by
volume and recycling.
7.5.3 Liquid Sample for Analysis. Repeat steps 7.3, 7.4.2 and 7.5.1
with further test batches until indication means in 4.2 show the filter/
drier(s) need replacing.
7.5.3.1 Multiple Pass. For equipment with a separate recycling
circuit (multiple pass), set aside the current cylinder and draw the
liquid sample (see 7.4) from the previous cylinder.
7.5.3.2 Single Pass. For equipment with the single pass recycling
circuit, draw the liquid sample (see 7.4) from the current cylinder.
7.6 Measuring Refrigerant Loss. Refrigerant loss due to non-
condensables shall be determined by appropriate means (see 9.5.1). The
loss could occur in 7.4.1, 7.4.2 and 7.5.1.
Section 8. Sampling and Chemical Analysis Methods
8.1 Chemical Analysis. Chemical analysis methods shall be specified
in appropriate standards such as ARI 700-95 and Appendix C to ARI
Standard 700-95.
8.2 Refrigerant Sampling.
8.2.1 Water Content. The water content in refrigerant shall be
measured by the Karl Fischer Analytical Method or by the Karl Fischer
Coulometric techniques. Report the moisture level in parts per million
by weight.
8.2.2 Chloride Ions. Chloride ions shall be measured by turbidity
tests. At this time, quantitative results have not been defined. Report
chloride content as ``pass'' or ``fail.'' In the future, when
quantitative results are possible, report chloride content as parts per
million by weight.
8.2.3 Acidity. The acidity test uses the titration principle.
Report the acidity in parts per million by weight (mg KOH/kg) of sample.
8.2.4 High Boiling Residue. High boiling residues shall use
measurement of the volume of residue after evaporating a standard volume
of refrigerant. Using weight measurement and converting to volumetric
units is acceptable. Report high boiling residues as percent by volume.
8.2.5 Particulates/Solids. The particulates/solids measurement
employs visual examination. Report results as ``pass'' or ``fail.''
8.2.6 Non-condensables. The level of contamination by non-
condensable gases in the base refrigerant being recycled shall be
determined by gas chromatography. Report results as percent by volume.
Section 9. Performance Calculation and Rating
9.1 Vapor Refrigerant Recovery Rate. This rate shall be measured by
weight change of the mixing chamber divided by elapsed time (see
7.4.1.2). The units shall be kg/min and the accuracy shall be per 9.4.
9.1.1 High Temperature Vapor Recovery Rate.
9.2 Liquid Refrigerant Recovery Rate. This rate shall be measured
by weight change of the mixing chamber divided by elapsed time (see
7.4.1.3). The units shall be kg/min and the accuracy shall be per 9.4.
9.3 Recycle Flow Rate. The recycle flow rate shall be as defined in
3.10, expressed in kg/min, and the accuracy shall be per 9.4.
9.3.1 For equipment using multi-pass recycling or a separate
sequence, the recycle rate shall be determined by dividing the net
weight W of the refrigerant to be recycled by the actual time T required
to recycle. Any set-up or operator interruptions shall not be included
in the time T.
[[Page 197]]
9.3.2 If no separate recycling sequence is used, the recycle rate
shall be the higher of the vapor refrigerant recovery rate or the liquid
refrigerant recovery rate. The recycle rate shall match a process which
leads to contaminant levels in 9.9. Specifically, a recovery rate
determined from bypassing a contaminant removal device cannot be used as
a recycle rate when the contaminant levels in 9.9 are determined by
passing the refrigerant through the contaminant removal device.
9.4 Accuracy of Flow Rates. The accuracy of test measurements in
9.1, 9.2 and 9.3 shall be 008 kg/min or flow rates
up to .42 kg/min and 2.0% for flow rates larger
than .42 kg/min. Ratings shall be expressed to the nearest .02 kg/min.
9.5 Refrigerant Loss. This calculation will be based upon the net
loss of refrigerant which would have been eliminated in the non-
condensable purge process (see 7.5.1), the oil draining process (see
7.4.2.1) and the refrigerant clearing process (see 7.4.4.1), all divided
by the net refrigerant content of the test batches. The refrigerant loss
shall not exceed 3% by weight.
9.5.1 Non-Condensable Purge. Evacuate an empty container to 2 kPa
absolute. Record the empty weight of the container. Place the container
in a dry ice bath. Connect the equipment purge connection to the
container and operate purge according to operating instructions so as to
capture the non-condensables and lost refrigerant. Weigh the cylinder
after the recycling is complete. Equivalent means are permissible.
9.5.2 Oil Draining. Refrigerant removed from the oil after draining
shall be collected and measured in accordance with 7.4.2.1.
9.5.3 Clearing Unit. Refrigerant captured during the clearing
process shall be measured in accordance with 7.4.4.1.
9.6 Final Recovery Vacuum. The final recovery vacuum shall be the
mixing chamber pressure in 7.4.3 expressed in kPa. The accuracy of the
measurement shall be within 0.33 kPa.
9.7 Residual Trapped Refrigerant. The amount of residual trapped
refrigerant shall be the final weight minus the initial weight of the
test cylinder in 7.4.4.2, expressed in kg. The accuracy shall be 0.02 kg and reported to the nearest 0.05 kg.
9.8 Quantity Recycled. The amount of refrigerant processed before
changing filters (see 7.5.3) shall be expressed in kg to an accuracy of
1%.
9.9 Contaminant Levels. The contaminant levels remaining after
testing shall be published as follows:
Moisture content, ppm by weight
Chloride ions, pass/fail
Acidity, ppm by weight
High boiling residue, % (by volume)
Particulates-solid, pass/fail (visual examination)
Non-condensables, % (by volume)
9.10 Minimum Data Requirements for Published Ratings. Published
ratings shall include all of the parameters as shown in Tables 2 and 3
for each refrigerant designated by the manufacturer.
Section 10. Tolerances
10.1 Tolerances. Performance related parameters shall not be less
favorable than the published ratings.
Section 11. Marking and Nameplate Data
11.1 Marking and Nameplate Data. The nameplate shall display the
manufacturer's name, model designation, type of equipment, designated
refrigerants, capacities and electrical characteristics where
applicable. The nameplate shall also conform to the labeling
requirements established for certified recycling and recovery equipment
established at 40 CFR 82.158(h).
Recommended nameplate voltages for 60 Hertz systems shall include
one or more of the utilization voltages shown in Table 1 of ARI Standard
110-90. Recommended nameplate voltages for 50 Hertz systems shall
include one or more of the utilization voltages shown in Table 1 of IEC
Standard Publication 38, IEC Standard Voltages.
11.2 Data for Designated Refrigerants. For each refrigerant
designated, the manufacturer shall include all the following that are
applicable per Table 2:
a. Liquid Recovery Rate
b. Vapor Recovery Rate
c. High Temperature Vapor Recovery Rate
d. Final Recovery Vacuum
e. Recycle Flow Rate
f. Residual Trapped Refrigerant
g. Quantity Recycled
Table 2--Performance
----------------------------------------------------------------------------------------------------------------
System
Parameter/Type of equipment Recovery Recovery/ Recycle dependent
Recycle equipment
----------------------------------------------------------------------------------------------------------------
Liquid Refrigerant Recovery Rate............................ (\1\) (\1\) N/A N/A
Vapor Refrigerant Recovery Rate............................. (\1\) (\1\) N/A N/A
High Temp. Vapor Recovery Rate.............................. (\1\) (\1\) N/A N/A
Final Recovery Vacuum....................................... (\X\) (\X\) N/A (\X\)
Recycle Flow Rate........................................... N/A (\X\) (\X\) N/A
Refrigerant Loss............................................ (\3\) (\X\) (\X\) (\3\)
[[Page 198]]
Residual Trapped Refrigerant................................ (\2\) (\2\) (\2\) (\2\)
Quantity Recycled........................................... N/A (\X\) (\X\) N/A
----------------------------------------------------------------------------------------------------------------
\X\ Mandatory rating.
\1\ For a recovery or recovery/recycle unit, one must rate either liquid refrigerant recovery rate or vapor
refrigerant recovery rate or one can rate for both. If rating only the one, the other shall be indicated by N/
A, ``not applicable.''
\2\ Mandatory rating for equipment tested for multiple refrigerants.
\3\ Mandatory rating if multiple refrigerants, oil separation or non-condensable purge are rated.
Note: For recovery equipment, these parameters are optional. If not rated use N/A, ``not applicable.''
Table 3--Contaminants
----------------------------------------------------------------------------------------------------------------
System
Contaminant/Type of equipment Recovery Recovery/ Recycle dependent
Recycle equipment
----------------------------------------------------------------------------------------------------------------
Moisture Content........................................... (*) (\X\) (\X\) N/A
Chloride Ions.............................................. (*) (\X\) (\X\) N/A
Acidity.................................................... (*) (\X\) (\X\) N/A
High Boiling Residue....................................... (*) (\X\) (\X\) N/A
Particulates............................................... (*) (\X\) (\X\) N/A
Non-Condensables........................................... (*) (\X\) (\X\) N/A
----------------------------------------------------------------------------------------------------------------
* For recovery equipment, these parameters are optional. If not rated, use N/A, ``not applicable.''
\X\ Mandatory rating.
Attachment 1 to Appendix B2 to Subpart F of Part 82--References
Listed here are all standards, handbooks, and other publications
essential to the formation and implementation of the standard. All
references in this appendix are considered as part of this standard.
ANSI/UL Standard 1963, Refrigerant Recovery/
Recycling Equipment, First Edition, 1989, American National Standards
Institute/Underwriters Laboratories, Inc.
ARI Standard 110-90, Air-Conditioning and
Refrigerating Equipment Nameplate Voltages, Air-Conditioning and
Refrigeration Institute
ARI Standard 700-95, Specifications for
Fluorocarbon and Other Refrigerants, Air-Conditioning and Refrigeration
Institute
ASHRAE Terminology of Heating, Ventilation, Air
Conditioning, Refrigeration, & Refrigeration, American Society of
Heating, Refrigerating, and Air-Conditioning Engineers, Inc., 1991
IEC Standard Publication 38, IEC Standard
Voltages, International Electrotechnical Commission, 1983
Attachment 2 to Appendix B2 to Subpart F of Part 82-Particulate Used in
Standard Contaminated Refrigerant Sample
1. Particulate Specification
B1.1 The particulate material (pm) will be a blend of 50% coarse
air cleaner dust as received, and 50% retained on a 200-mesh screen. The
coarse air cleaner dust is available from: AC Spark Plug Division;
General Motors Corporation; Flint, Michigan.
B1.2 Preparation of Particulate Materials.
To prepare the blend of contaminant, first wet screen a quantity of
coarse air cleaner dust on a 200-mesh screen (particle retention 74 pm).
This is done by placing a portion of the dust on a 200-mesh screen and
running water through the screen while stirring the dust with the
fingers. The fine contaminant particles passing through the screen are
discarded. The +200-mesh particles collected on the screen are removed
and dried for one hour at 110 [deg]C. The blend of standard contaminant
is prepared by mixing 50% by weight of coarse air cleaner dust as
received (after drying for one hour at 110 [deg]C) with 50% by weight of
the +200 mesh screened dust.
B1.3 Particle Size Analysis.
The coarse air cleaner dust as received and the blend used as the
standard contaminant have the following approximate particle size
analysis:
Wt. % in various size ranges, pm.
------------------------------------------------------------------------
Size range As received Blend
------------------------------------------------------------------------
0-5............................................. 12 6
5-10............................................ 12 6
10-20........................................... 14 7
20-40........................................... 23 11
40-80........................................... 30 32
80-200.......................................... 9 38
------------------------------------------------------------------------
[68 FR 43815, July 24, 2003; 68 FR 54678, Sept. 18, 2003]
[[Page 199]]
Sec. Appendix B3 to Subpart F of Part 82--Performance of Refrigerant
Recovery, Recycling, and/or Reclaim Equipment
This appendix is based on the Air-Conditioning, Heating, and
Refrigeration Institute Standard 740-2016, Performance Rating of
Refrigerant Recovery Equipment and Recovery/Recycling Equipment.
Section 1. Purpose
1.1 The purpose of this standard is to establish methods of testing
for rating and evaluating the performance of refrigerant recovery, and/
or recycling equipment and general equipment requirements (herein
referred to as ``equipment'') for contaminant or purity levels,
capacity, speed and purge loss to minimize emission into the atmosphere
of designated refrigerants.
Section 2. Scope
2.1 This standard applies to equipment for recovering and/or
recycling single refrigerants, azeotropes, zeotropic blends, and their
normal contaminants from refrigerant systems. This standard defines the
test apparatus, test gas mixtures, sampling procedures and analytical
techniques that will be used to determine the performance of refrigerant
recovery and/or recycling equipment (hereinafter, ``equipment'').
Appendix B4 of this subpart establishes standards for recovery/recycling
equipment used with flammable refrigerants.
Section 3. Definitions
3.1 Definitions. All terms in this appendix will follow the
definitions in Sec. 82.152 unless otherwise defined in this appendix.
3.2 Clearing Refrigerant. Procedures used to remove trapped
refrigerant(s) from equipment before switching from one refrigerant to
another.
3.3 High Temperature Vapor Recovery Rate. For equipment having at
least one designated refrigerant (see Section 11.2 of this appendix)
with a boiling point in the range of -50 to +10 [deg]C, the rate will be
measured for R-22, or the lowest boiling point refrigerant if R-22 is
not a designated refrigerant.
3.4 Published Ratings. A statement of the assigned values of those
performance characteristics, under stated rating conditions, by which a
unit may be chosen to fit its application. These values apply to all
units of like nominal size and type (identification) produced by the
same manufacturer. As used herein, the term ``published rating''
includes the rating of all performance characteristics shown on the unit
or published in specifications, advertising, or other literature
controlled by the manufacturer, at stated rating conditions.
3.5 Push/Pull Liquid Recovery. The push/pull refrigerant recovery
method is defined as the process of transferring liquid refrigerant from
a refrigeration system to a receiving vessel by lowering the pressure in
the vessel and raising the pressure in the system, and by connecting a
separate line between the system liquid port and the receiving vessel.
3.6 Recycle Flow Rate. The amount of refrigerant processed divided
by the time elapsed in the recycling mode. For equipment which uses a
separate recycling sequence, the recycle rate does not include the
recovery rate (or elapsed time). For equipment which does not use a
separate recycling sequence, the recycle rate is a rate based solely on
the higher of the liquid or vapor recovery rate, by which the
contaminant levels were measured.
3.7 Residual Trapped Refrigerant. Refrigerant remaining in
equipment after clearing refrigerant.
3.8 Shall, Should, Recommended or It Is Recommended shall be
interpreted as follows:
3.8.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision is mandatory if compliance with this
appendix is claimed.
3.8.2 Should, Recommended or It Is Recommended is used to indicate
provisions which are not mandatory but which are desirable as good
practice.
3.9 Standard Contaminated Refrigerant Sample. A mixture of new or
reclaimed refrigerant and specified quantities of identified
contaminants which constitute the mixture to be processed by the
equipment under test. These contaminant levels are expected only from
severe service conditions.
3.10 Trapped Refrigerant. The amount of refrigerant remaining in
the equipment after the recovery or recovery/recycling operation but
before clearing refrigerant.
3.11 Vapor Recovery Rate. The average rate that refrigerant is
withdrawn from the mixing chamber between two pressures as vapor
recovery rate is changing depending on the pressure. The initial
condition is vapor only at saturation pressure and temperature at either
24 [deg]C or at the boiling point at 100 kPa, whichever is higher. The
final pressure condition is 10 percent of the initial pressure, but not
lower than the equipment final recovery vacuum and not higher than 100
kPa.
Section 4. General Equipment Requirements
4.1 Equipment Information. The equipment manufacturer shall provide
operating instructions, necessary maintenance procedures, and source
information for replacement parts and repair.
4.2 Filter Replacement. The equipment shall indicate when any
filter/drier(s) needs replacement. This requirement can be met
[[Page 200]]
by use of a moisture transducer and indicator light, by use of a sight
glass/moisture indicator, or by some measurement of the amount of
refrigerant processed such as a flow meter or hour meter. The equipment
manufacturer must provide maximum quantity recycled or filter change
interval in its written instructions.
4.3 Purge of Non-Condensable. If non-condensables are purged, the
equipment shall either automatically purge non-condensables or provide
an indicating means to guide the purge process. Recycling equipment must
provide purge means.
4.4 Purge Loss. The total refrigerant loss due to purging non-
condensables, draining oil, and clearing refrigerant (see Section 9.5)
shall be less than 3 percent (by weight) of total processed refrigerant.
4.5 Permeation Rate. High pressure hose assemblies \5/8\ in. (16
mm) nominal and smaller shall not exceed a permeation rate of 3.9 g/
cm\2\/yr (internal surface) at a temperature of 48.8 [deg]C. Hose
assemblies that UL recognized as having passed UL 1963, 2011
requirements shall be accepted without testing. See Section 7.1.4 of
this appendix.
4.6 Clearing Trapped Refrigerant. For equipment rated for more than
one refrigerant, the manufacturer shall provide a method and
instructions which will accomplish connections and clearing within 15
minutes. Special equipment, other than a vacuum pump or manifold gauge
set, shall be furnished. The clearing procedure shall not rely upon the
storage cylinder below saturated pressure conditions at ambient
temperature.
4.7 Temperature. The equipment shall be evaluated at 24 [deg]C with
additional limited evaluation at 40 [deg]C. Normal operating conditions
range from 10 [deg]C to 40 [deg]C.
4.8 Exemptions. Equipment intended for recovery only shall be
exempt from Sections 4.2 and 4.3.
Section 5. Contaminated Refrigerants
5.1 Sample Characteristics. The standard contaminated refrigerant
sample shall have the characteristics specified in Table 1, except as
provided in Section 5.2 of this appendix. Testing shall be conducted at
an ambient temperature of 24 [deg]C 1 [deg]C
except high temperature vapor recovery shall be 40 [deg]C 1 [deg]C.
5.2 Recovery-only Testing. Recovery equipment not rated for removal
of contaminants shall be tested with new or reclaimed refrigerant.
[[Page 201]]
[GRAPHIC] [TIFF OMITTED] TR18NO16.093
Section 6. Test Apparatus
6.1 General Recommendations. The recommended test apparatus is
described in the following paragraphs. If alternate test apparatus are
employed, the user shall be able to demonstrate that they produce
results equivalent to the specified reference apparatus.
[[Page 202]]
6.2 Self-Contained Equipment Test Apparatus. The apparatus, shown
in Figure 1, shall consist of:
6.2.1 Mixing Chamber. A mixing chamber consisting of a tank with a
conical-shaped bottom, a bottom port and piping for delivering
refrigerant to the equipment, various ports and valves for adding
refrigerant to the chamber, and stirring means for mixing.
6.2.2 Filling Storage Cylinder. The storage cylinder to be filled
by the refrigerant transferred shall be cleaned and at the pressure of
the recovered refrigerant at the beginning of the test. It will not be
filled over 80 percent, by volume.
6.2.3 Vapor Feed. Vapor refrigerant feed consisting of evaporator,
control valves and piping to create a 3.0 [deg]C superheat condition at
an evaporating temperature of 21 [deg]C 2 [deg]C.
6.2.4 Alternative Vapor Feed. An alternative method for vapor feed
shall be to pass the refrigerant through a boiler and then through an
automatic pressure regulating valve set at different saturation
pressures, moving from saturated pressure at 24 [deg]C to final pressure
of recovery.
6.2.5 Liquid Feed. Liquid refrigerant feed consisting of control
valves, sampling port, and piping.
6.2.6 Instrumentation. Instrumentation capable of measuring weight,
temperature, pressure, and refrigerant loss, as required.
[[Page 203]]
[GRAPHIC] [TIFF OMITTED] TR18NO16.094
6.3 Size. The size of the mixing chamber and filling storage
cylinder used during testing shall correspond to the size of the
equipment being tested per Section 6.3.1 or 6.3.2:
6.3.1 For equipment utilizing nominal \1/4\[sec] or \3/8\[sec]
flare ports and hoses, the mixing chamber shall be 0.09 m\3\ and all
ports, valves, mixing valves, and piping shall be \1/2\[sec] or larger,
reduced down to the port size of the equipment by fittings at the
connection ports of the mixing chamber. The filling storage cylinder
used during testing shall be a nominal 50-pound water capacity DOT 4Bx
cylinder with \1/4\[sec] flare liquid and vapor ports.
6.3.2 For equipment utilizing \1/2\[sec] or larger flare ports and
hoses, the mixing chamber shall be 0.45 m\3\ (or nominal 1000-pound
water capacity DOT 4Bx cylinder) and all ports, valves, mixing valves,
and piping shall be 1\1/2\[sec] or larger, reduced down to the port size
of the equipment by fittings at the connection ports of the mixing
chamber. The filling storage cylinder used during testing shall be a
nominal 1000-pound water capacity DOT 4Bx cylinder with liquid and vapor
ports, valves and piping sized \3/4\[sec] NPT and reduced or increased
to the port size of the equipment by fittings at the connection ports of
the filling storage cylinder.
[[Page 204]]
6.4 System Dependent Equipment Test Apparatus. This test apparatus
is to be used for final recovery vacuum rating of all system dependent
equipment.
6.4.1 Test Setup. The test apparatus shown in Figure 2 consists of
a complete refrigeration system. The manufacturer shall identify the
refrigerants to be tested. The test apparatus can be modified to
facilitate operation or testing of the system dependent equipment if the
modifications to the apparatus are specifically described within the
manufacturer's literature. A 6.3 mm balance line shall be connected
across the test apparatus between the high- and low-pressure sides, with
an isolation valve located at the connection to the compressor high
side. A 6.3 mm access port with a valve core shall be located in the
balance line for the purpose of measuring final recovery vacuum at the
conclusion of the test.
[GRAPHIC] [TIFF OMITTED] TR18NO16.095
Section 7. Performance Testing Procedures
7.1 General Testing.
7.1.1 Temperatures. Testing shall be conducted at an ambient
temperature of 24 [deg]C 1 [deg]C except high
temperature vapor recovery shall be at 40 [deg]C
1 [deg]C. The evaporator conditions of Section 6.2.3 shall be maintained
as long as liquid refrigerant remains in the mixing chamber.
7.1.2 Refrigerants. The equipment shall be tested for all
designated refrigerants (see Section 11.2). All tests in Section 7 shall
be completed for each refrigerant before starting tests with the next
refrigerant.
7.1.3 Selected Tests. Tests shall be as appropriate for the
equipment type and ratings
[[Page 205]]
parameters selected (see Sections 9.9, 11.1 and 11.2).
7.1.4 Hose Assemblies. For the purpose of limiting refrigerant
emissions to the atmosphere, hose assemblies shall be tested for
permeation according to UL Standard 1963 (incorporated by reference, see
Sec. 82.168).
7.2 Equipment Preparation and Operation. The equipment shall be
prepared and operated per the operating instructions.
7.3 Test Batch. The test batch consisting of refrigerant sample
(see Section 5) of the test refrigerant shall be prepared and thoroughly
mixed. Continued mixing or stirring shall be required during the test
while liquid refrigerant remains in the mixing chamber. The mixing
chamber shall be filled to 80 percent level by volume.
7.3.1 Control Test Batch. Prior to starting the test for the first
batch for each refrigerant, a liquid sample will be drawn from the
mixing chamber and analyzed per Section 8 to assure that contaminant
levels match Table 1 within 10 ppm for moisture,
20 ppm for oleic acid and 0.5 percent for oil.
7.4 Recovery Tests (Recovery and Recovery/Recycling Equipment)
7.4.1 Determining Recovery Rates. The liquid and vapor refrigerant
recovery rates shall be measured during the first test batch for each
refrigerant (see Sections 9.1, 9.2 and 9.4). Equipment preparation and
recovery cylinder changeover shall not be included in elapsed time
measurements for determining vapor recovery rate and liquid refrigerant
recovery rate. Operations such as subcooling the recovery cylinder shall
be included. The recovery cylinder shall be the same size as per Section
6.3 or as furnished by the equipment manufacturer. Oversized tanks shall
not be permitted.
7.4.1.1 Liquid Refrigerant Recovery Rate. If elected, the recovery
rate using the liquid refrigerant feed means (see Section 6.2.5) shall
be determined. After the equipment reaches stabilized conditions of
condensing temperature and/or recovery cylinder pressure, the recovery
process shall be stopped and an initial weight shall be taken of the
mixing chamber (see Section 9.2). The recovery process shall be
continued for a period of time sufficient to achieve the accuracy in
Section 9.4. The recovery process shall be stopped and a final weight of
the mixing chamber shall be taken.
7.4.1.2 Vapor Refrigerant Recovery Rate. If elected, the average
vapor flow rate shall be measured to accuracy requirements in Section
9.4 under conditions with no liquid refrigerant in the mixing chamber.
The liquid recovery feed means shall be used. At initial conditions of
saturated vapor at the higher of 24 [deg]C or the boiling temperature
(100 kPa), the weight of the mixing chamber and the pressure shall be
recorded. At final conditions representing pressure in the mixing
chamber of 10 percent of the initial condition, but not less than the
final recovery vacuum (see Section 9.6) nor more than 100 kPa, measure
the weight of the mixing chamber and the elapsed time. At initial
conditions, the recovery cylinder shall be at saturation pressure at
ambient conditions.
7.4.1.3 High Temperature Vapor Recovery Rate. This is applicable
for equipment having at least one designated refrigerant (see Section
11.2) with a boiling point between -50 [deg]C and +10 [deg]C. Measure
the rate for R-22, or the refrigerant with the lowest boiling point if
R-22 is not a designated refrigerant. Repeat the test in Section 7.4.1.2
at saturated conditions at 40 [deg]C and continue to operate equipment
to assure it will operate at this condition (see Section 7.4.3). At
initial conditions, the recovery cylinder shall be at saturated pressure
at 40 [deg]C.
7.4.1.4 Push/Pull Liquid Refrigerant Recovery Rate. If elected, the
average liquid push/pull flow rate shall be measured to accuracy
requirements in Section 9.4. The mixing chamber and filling storage
cylinder shall be filled with refrigerant vapor at initial conditions of
saturated vapor at the higher of 24 [deg]C or the boiling temperature at
100 kPa. An amount of liquid refrigerant shall be added to the mixing
chamber equivalent to 80 percent by weight of the capacity of the
filling storage cylinder. The pressure between the mixing chamber and
filling storage cylinder shall be equalized and stabilized at initial
conditions of saturated vapor at the higher of 24 [deg]C or the boiling
temperature at 100 kPa. The initial weight of the mixing chamber and the
pressure shall be recorded. The equipment is then operated in push/pull
liquid recovery mode and the weight change of the mixing chamber is
recorded over time until all of the liquid has been transferred.
7.4.2 Recovery Operation. This test is for determining the final
recovery vacuum and the ability to remove contaminants as appropriate.
If equipment is rated for liquid recovery (see Section 7.4.1.3), liquid
recovery feed means described in Section 6.2.5 shall be used. If not,
vapor recovery means described in Sections 6.2.3 or 6.2.4 shall be used.
Continue recovery operation until all liquid is removed from the test
apparatus and vapor is removed to the point where equipment shuts down
by automatic means or is manually shut off per operating instructions.
7.4.2.1 Oil Draining. Capture oil from the equipment at intervals
as required in the instructions. Record the weight of the container.
Completely remove refrigerant from oil by evacuation or other
appropriate means. The weight difference shall be used in Section 7.5.2.
7.4.3 Final Recovery Vacuum. At the end of the first test batch for
each refrigerant, the liquid valve and vapor valve of the apparatus
shall be closed. After waiting 1 minute, the mixing chamber pressure
shall be recorded (see Section 9.6).
[[Page 206]]
7.4.4 Residual Refrigerant. This test will measure the mass of
remaining refrigerant in the equipment after clearing and therefore the
extent of mixing different refrigerants (see Section 9.6).
7.4.4.1 Initial Conditions. At the end of the last test for each
batch for each refrigerant, the equipment shall be disconnected from the
test apparatus (Figure 1). Recycle per Section 7.5, if appropriate.
Perform refrigerant clearing operations as called for in the instruction
manual. Capture and record the weight of any refrigerant which would
have been emitted to the atmosphere during the clearing process for use
in Section 9.5. If two loops are used for recycling, trapped refrigerant
shall be measured for both.
7.4.4.2 Residual Trapped Refrigerant. Evacuate an empty test
cylinder to 1.0 kPa. Record the empty weight of the test cylinder. Open
all valves to the equipment so as to provide access to all trapped
refrigerant. Connect the equipment to the test cylinder and operate
valves to recover the residual refrigerant. Record the weight of the
test cylinder using a recovery cylinder pressure no less than specified
in Section 6.2.2. Place the test cylinder in liquid nitrogen for a
period of 30 minutes or until a vacuum of 1000 microns is reached,
whichever occurs first.
7.5 Recycling Tests (Recovery/Recycling Equipment).
7.5.1 Recycling Operation. As each recovery cylinder is filled in
Section 7.4.2, recycle according to operating instructions. There will
not necessarily be a separate recycling sequence. Note non-condensable
purge measurement in Section 9.5.
7.5.1.1 Recycle Flow Rate. While recycling the first recovery
cylinder for each refrigerant, determine the recycling flow rate by
appropriate means (see Section 9.3) to achieve the accuracy required in
Section 9.4.
7.5.2 Non-Condensable Sample. After completing Section 7.4.3,
prepare a second test batch (see Section 7.3). Recover per Section 7.4.2
until the current recovery cylinder is filled to 80 percent level by
volume. Recycle per Section 7.5.1. Mark this cylinder and set aside for
taking the vapor sample. For equipment having both an internal tank of
at least 3 kg refrigerant capacity and an external recovery cylinder,
two recovery cylinders shall be marked and set aside. The first is the
cylinder described above. The second cylinder is the final recovery
cylinder after filling it to 80 percent level by volume and recycling.
7.5.2.1 Push/Pull Liquid Refrigerant Recovery Rate. This rate shall
be measured by weight change of the mixing chamber divided by elapsed
time (see Section 7.4.1.4). The units shall be kg/min and the accuracy
shall be per Section 9.4.
7.5.3 Liquid Sample for Analysis. Repeat steps in Sections 7.3,
7.4.2 and 7.5.1 with further test batches until indication means in
Section 4.2 show the filter/drier(s) need replacing.
7.5.3.1 Multiple Pass. For equipment with a separate recycling
circuit (multiple pass), set aside the current cylinder and draw the
liquid sample (see Section 7.4) from the previous cylinder.
7.5.3.2 Single Pass. For equipment with the single pass recycling
circuit, draw the liquid sample (see Section 7.4) from the current
cylinder.
7.6 Measuring Refrigerant Loss. Refrigerant loss due to non-
condensables shall be determined by appropriate means (see Section
9.5.1). The loss could occur in Sections 7.4.1, 7.4.2 and 7.5.1.
Section 8. Sampling and Chemical Analysis Methods
8.1 Chemical Analysis. Chemical analysis methods shall be specified
in appropriate standards such as AHRI Standard 700, 2008 Appendix C for
Analytical Procedures for AHRI Standard 700-2014- Normative, and
Addendum 700-1 to Appendix C. If alternate test methods are employed,
the laboratory must be able to demonstrate that they produce results
equivalent to the specified referee method.
8.2 Refrigerant Sampling.
8.2.1 Moisture Content. The water content in refrigerant shall be
measured by the Karl Fischer Coulometric Titration technique. Report the
moisture level in parts per million by weight.
8.2.2 Chloride Ions. Chloride ions shall be measured by turbidity
tests. At this time, quantitative results have not been defined. Report
chloride content as ``pass'' or ``fail.'' In the future, when
quantitative results are possible, report chloride content as parts per
million by weight.
8.2.3 Acid Content. The acidity test uses the titration principle.
Report the acidity in parts per million by weight (mg KOH/kg) of sample.
8.2.4 High Boiling Residue. High boiling residues shall use
measurement of the volume of residue after evaporating a standard volume
of refrigerant. Using weight measurement and converting to volumetric
units is acceptable. Report high boiling residues as percent by volume.
8.2.5 Particulates/Solids. The particulates/solids measurement
employs visual examination. Report results as ``pass'' or ``fail.''
8.2.6 Non-condensables. The level of contamination by non-
condensable gases in the base refrigerant being recycled shall be
determined by gas chromatography. Report results as percent by volume.
Section 9. Performance Calculations for Ratings
9.1 Vapor Refrigerant Recovery Rate. This rate shall be measured by
weight change of
[[Page 207]]
the mixing chamber divided by elapsed time (see 7.4.1.2). The units
shall be kg/min and the accuracy shall be per Section 9.4.
9.1.1 High Temperature Vapor Recovery Rate. This rate shall be
measured by measured weight change of the mixing chamber divided by
elapsed time (see Section 7.4.1.3). The units shall be kg/min and the
accuracy shall be per Section 9.4.
9.2 Liquid Refrigerant Recovery Rate. This rate shall be measured
by weight change of the mixing chamber divided by elapsed time (see
7.4.1.3). The units shall be kg/min and the accuracy shall be per
Section 9.4.
9.3 Recycle Flow Rate. The recycle flow rate shall be as defined in
Section 3.12, expressed in kg/min, and the accuracy shall be per Section
9.4.
9.3.1 For equipment using multi-pass recycling or a separate
sequence, the recycle rate shall be determined by dividing the net
weight, W, of the refrigerant to be recycled by the actual time T
required to recycle. Any set-up or operator interruptions shall not be
included in the time T.
9.3.2 If no separate recycling sequence is used, the recycle rate
shall be the higher of the vapor refrigerant recovery rate or the liquid
refrigerant recovery rate. The recycle rate shall match a process which
leads to contaminant levels in Section 9.9. Specifically, a recovery
rate determined from bypassing a contaminant removal device cannot be
used as a recycle rate when the contaminant levels in Section 9.9 are
determined by passing the refrigerant through the contaminant removal
device.
9.4 Accuracy of Flow Rates. The accuracy of test measurements in
Sections 9.1, 9.2 and 9.3 shall be 008 kg/min for
flow rates up to 0.42 kg/min and 2.0 percent for
flow rates larger than 0.42 kg/min. Ratings shall be expressed to the
nearest 0.02 kg/min.
9.5 Refrigerant Loss. This calculation will be based upon the net
loss of refrigerant which would have been eliminated in the non-
condensable purge process (see Section 7.5.1), the oil draining process
(see Section 7.4.2.1) and the refrigerant clearing process (see Section
7.4.4.1), all divided by the net refrigerant content of the test
batches. The refrigerant loss shall not exceed 3 percent by weight.
9.5.1 Non-Condensable Purge. Evacuate an empty container to 2 kPa.
Record the empty weight of the container. Place the container in a dry
ice bath. Connect the equipment purge connection to the container and
operate purge according to operating instructions so as to capture the
non-condensables and lost refrigerant. Weigh the cylinder after the
recycling is complete. Equivalent means are permissible.
For units which either recycle or publish (list) non-condensable
removal, non-condensable gases are purged, operating the recycle device
per the manufacturer's instructions through an evaporator pressure
regulator (EPR) valve into a liquid nitrogen-chilled cylinder. This
combination will simulate the atmosphere while allowing the capture of
purge gases. The cylinder is weighed before and after the purge
procedure.
9.5.2 Oil Draining. Refrigerant removed from the oil after draining
shall be collected and measured in accordance with Section 7.4.2.1.
9.5.3 Clearing Unit. Refrigerant captured during the clearing
process shall be measured in accordance with Section 7.4.4.1.
9.6 Final Recovery Vacuum. The final recovery vacuum shall be the
mixing chamber pressure in Section 7.4.3 expressed in kPa at 24 [deg]C.
The accuracy of the measurement shall be within 0.33 kPa.
9.7 Residual Trapped Refrigerant. The amount of residual trapped
refrigerant shall be the final weight minus the initial weight of the
test cylinder in Section 7.4.4.2, expressed in kg. The accuracy shall be
0.02 kg and reported to the nearest 0.05 kg.
9.8 Refrigerant Processed. The amount of refrigerant processed
before changing filters (see Section 7.5.3) shall be expressed in kg to
an accuracy of 1 percent.
9.9 Contaminant Levels. The contaminant levels remaining after
testing shall be published as follows:
Moisture content, ppm by weight
Chloride ions, pass/fail
Acid Content, ppm by weight
High boiling residue, percent (by volume)
Particulates/solids, pass/fail (visual examination)
Non-condensables, percent (by volume)
9.10 Minimum Data Requirements for Published Ratings. Published
ratings shall include all of the parameters as shown in Tables 2 and 3
for each refrigerant designated by the manufacturer.
Section 10. Tolerances
10.1 Tolerances. Performance related parameters shall be equal to
or better than the published ratings.
Section 11. Marking and Nameplate Data
11.1 Marking and Nameplate Data. The nameplate shall display the
manufacturer's name, model designation, type of equipment (Recovery or
Recovery/Recycling and Self-Contained or System Dependent), designated
refrigerant(s), capacities, and electrical characteristics where
applicable. The nameplate shall also conform to the labeling
requirements established for certified recycling and recovery equipment
established at 40 CFR 82.158(h).
Recommended nameplate voltages for 60 Hertz systems shall include
one or more of the equipment nameplate voltages shown in Table 1 of AHRI
110-2016 (incorporated by
[[Page 208]]
reference, see Sec. 82.168). Recommended nameplate voltages for 50
Hertz systems shall include one or more of the utilization voltages
shown in Table 1 of IEC 60038 (English version) (incorporated by
reference, see Sec. 82.168).
11.2 Data for Designated Refrigerants. For each refrigerant
designated, the manufacturer shall include all the following that are
applicable per Table 2:
a. Liquid Recovery Rate, kg/min
b. Vapor Recovery Rate, kg/min
c. High Temperature Vapor Recovery Rate, kg/min
d. Push/Pull Liquid Recovery Rate, kg/min
e. Final Recovery Vacuum Level, kPa
f. Recycle Flow Rate, kg/min
g. Refrigerant Loss, kg
h. Residual Trapped Refrigerant, kg
i. Quantity of Refrigerant Processed at Rated Conditions, kg
Table 2--Performance Ratings for Refrigerant Recovery and Recovery/Recycling Equipment \4 5\
----------------------------------------------------------------------------------------------------------------
Type of equipment
-------------------------------------------------------------------
Parameter System
Recovery Recovery/ Recycling dependent
recycling equipment
----------------------------------------------------------------------------------------------------------------
Liquid Refrigerant Recovery Rate, kg/min.... X \1 4\ X\1\ N/A \5\ N/A
Vapor Refrigerant Recovery Rate, kg/min..... X \1\ X \1\ N/A N/A
High Temperature Vapor Recovery Rate, kg/min X \1\ X \1\ N/A N/A
Push/Pull Liquid Recovery Rate, kg/min...... X \1\ X \1\ N/A N/A
Final Recovery Vacuum Level, kPa............ X X N/A X
Recycle Flow Rate, kg/min................... N/A X X N/A
Refrigerant Loss, kg........................ X \2\ X X X \3\
Residual Trapped Refrigerant, kg............ X \3\ X \2\ X \2\ X \2\
Quantity of Refrigerant Processed at Rated N/A X X N/A
Conditions, kg.............................
----------------------------------------------------------------------------------------------------------------
\1\ For a recovery or recovery/recycle unit, one must rate either liquid refrigerant recovery rate or vapor
refrigerant recovery rate or one can rate for both. If rating only one, the other shall be indicated by N/A,
``not applicable.''
\2\ Mandatory rating if multiple refrigerants, oil separation or non-condensable purge are rated.
\3\ Mandatory rating for equipment tested for multiple refrigerants.
\4\ ``X'' denotes mandatory rating or equipment requirements.
\5\ ``N/A'' indicates ``Not Applicable'' for a parameter that does not have a rating.
Table 3--Contaminant Removal Ratings for Refrigerant Recovery and Recovery/Recycling Equipment \1 2\
----------------------------------------------------------------------------------------------------------------
Type of equipment
-------------------------------------------------------------------
Contaminant System
Recovery Recovery/ Recycling dependent
recycling equipment
----------------------------------------------------------------------------------------------------------------
Moisture Content, ppm by weight............. N/A \2\ X \1\ X N/A
Chloride Ions, pass/fail.................... N/A X X N/A
Acid Content, ppm by weight................. N/A X X N/A
High Boiling Residue, % by volume........... N/A X X N/A
Particulates/solids, pass/fail.............. N/A X X N/A
Non-condensables, % by volume............... N/A X X N/A
----------------------------------------------------------------------------------------------------------------
\1\ ``X'' denotes mandatory rating.
\2\ ``N/A'' indicates ``Not Applicable'' for a parameter that does not have a rating.
Section 12. References
Listed here are all standards, handbooks, and other publications
essential to the formation and implementation of the standard. All
references in this appendix are considered as part of this standard.
UL 1963, Standard for Safety Refrigerant Recovery/
Recycling Equipment, Fourth Edition (with revisions through
October 13, 2013), dated June 1, 2011, (incorporated by
reference, see Sec. 82.168).
AHRI 110-2016, 2016 Standard for Air-Conditioning,
Heating and Refrigerating Equipment Nameplate Voltages,
copyright 2016 (incorporated by reference, see Sec. 82.168).
AHRI Standard 700-2015, Specifications for
Refrigerants, Air-Conditioning, Heating, and Refrigeration
Institute
IEC 60038 IEC Standard Voltages, Edition 7.0, 2009-06
(English version) (incorporated by reference, see Sec.
82.168).
Section 13.0. Particulate Used in Standard Contaminated Refrigerant
Sample
13.1 Particulate Specification
13.1.1 The particulate material (pm) will be a blend of 50 percent
coarse air cleaner dust as received, and 50 percent retained on a 200-
mesh screen. The coarse air cleaner
[[Page 209]]
dust is available from: AC Spark Plug Division; General Motors
Corporation; Flint, Michigan.
13.1.2 Preparation of Particulate Materials. To prepare the blend
of contaminant per ANSI/ASHRAE Standard 63.2-1996 (RA 2010), first wet
screen a quantity of coarse air cleaner dust on a 200-mesh screen
(particle retention 74 [micro]m). This is done by placing a portion of
the dust on a 200-mesh screen and running water through the screen while
stirring the dust with the fingers. The fine contaminant particles
passing through the screen are discarded. The larger than 200-mesh
particles collected on the screen are removed and dried for one hour at
110 [deg]C. The blend of standard contaminant is prepared by mixing 50
percent by weight of coarse air cleaner dust as received (after drying
for one hour at 110 [deg]C) with 50 percent by weight of the larger than
200-mesh screened dust.
13.1.3 Particle Size Analysis. The coarse air cleaner dust as
received and the blend used as the standard contaminant have the
following approximate particle size analysis:
Table B1--Weight Percentage in Various [micro]m Size Ranges for Particle
Size Analysis
------------------------------------------------------------------------
As
Size range ([micro]m) received Blend (wt
(wt %) %)
------------------------------------------------------------------------
0-5............................................... 12 6
5-10.............................................. 12 6
10-20............................................. 14 7
20-40............................................. 23 11
40-80............................................. 30 32
80-200............................................ 9 38
------------------------------------------------------------------------
[81 FR 82383, Nov. 18, 2016]
Sec. Appendix B4 to Subpart F of Part 82--Performance and Safety of
Flammable Refrigerant Recovery and/or Recycling Equipment
This appendix is based on the Air-Conditioning, Heating, and
Refrigeration Institute Standard 740-2016, Performance Rating of
Refrigerant Recovery Equipment and Recovery/Recycling Equipment, and
Underwriters Laboratories Standard 1963-2011 (Fourth Edition), Standard
for Safety: Refrigerant Recovery/Recycling Equipment, including
Supplement SB (added October 11, 2013), Requirements for Refrigerant
Recovery/Recycling Equipment Intended for Use with a Flammable
Refrigerant.
Section 1. Purpose
1.1 The purpose of this standard is to establish methods of testing
for rating and evaluating the performance and safety of refrigerant
recovery and/or recycling equipment and general equipment requirements
(herein referred to as ``equipment'') for contaminant or purity levels,
capacity, speed and purge loss to minimize emission into the atmosphere
of designated refrigerants, as well as safety for use with flammable
refrigerants.
Section 2. Scope
2.1 This standard applies to equipment for recovering and/or
recycling flammable single refrigerants, azeotropes, zeotropic blends,
and their normal contaminants from refrigerant systems. This standard
defines the test apparatus, test gas mixtures, sampling procedures,
analytical techniques, and equipment construction that will be used to
determine the performance and safety of refrigerant recovery and/or
recycling equipment (hereinafter, ``equipment'').
Section 3. Definitions
3.1 All terms in this appendix will follow the definitions in Sec.
82.152 and Appendix B3 to Subpart F of Part 82 unless otherwise defined
in this appendix.
3.2 All definitions used in UL 1963, including the definitions in
Supplement SB, as applicable, are incorporated by reference, see Sec.
82.168.
Section 4. Evaluation of Performance
4.1 Performance Ratings. All recovery and/or recycling equipment to
be tested under this appendix must follow the procedures and meet all
requirements established in Appendix B3 to Subpart F of Part 82 to
determine the performance ratings in addition to the safety evaluation
conducted under the rest of this appendix.
4.2 Safety. All recovery and/or recycling equipment to be tested
under this appendix must follow the procedures and meet all requirements
in Supplement SB (added October 11, 2013), Requirements for Refrigerant
Recovery/Recycling Equipment Intended for Use with a Flammable
Refrigerant in Underwriters Laboratories Standard 1963-2011 (Fourth
Edition), Standard for Safety: Refrigerant Recovery/Recycling Equipment
(incorporated by reference, see Sec. 82.168).
[81 FR 82390, Nov. 18, 2016]
Sec. Appendix C to Subpart F of Part 82--Method for Testing Recovery
Devices for Use With Small Appliances
Recovery Efficiency Test Procedure for Refrigerant Recovery Equipment
Used on Small Appliances
The following test procedure is utilized to evaluate the efficiency
of equipment designed to recover ozone depleting refrigerants (or any
substitute refrigerant subject to the recycling rules promulgated
pursuant to section 608 of the Clean Air Act Amendments of 1990) from
small appliances when
[[Page 210]]
service of those appliances requires entry into the sealed refrigeration
system or when those appliances are destined for disposal. This
procedure is designed to calculate on a weight or mass basis the
percentage of a known charge of CFC-12 refrigerant removed and captured
from a test stand refrigeration system. Captured refrigerant is that
refrigerant delivered to a container suitable for shipment to a
refrigerant reclaimer plus any refrigerant remaining in the recovery
system in a manner that it will be transferred to a shipping container
after additional recovery operations.
The test stand refrigeration system required for this procedure is
constructed with standard equipment utilized in currently produced
household refrigerator and freezer products. The procedure also accounts
for compressor oils that might be added to or removed from the test
stand compressor or any compressor used in the recovery system.
I. Test Stand
Test stands are constructed in accordance with the following
standards.
1. Evaporator--\5/16\ in. outside dia. with 30 cu. in. volume.
2. Condenser--\1/4\ in. outside dia. with 20 cu. in volume.
3. Suction line capillary heat exchanger--appropriate for compressor
used.
4. An 800-950 Btu/hr high side case (rotary) compressor; or
(depending on the test senario);
5. An 800-9500 Btu/hr low side case (reciprocating) compressor.
A person seeking to have its recovery system certified shall specify
the compressors by manufacturer and model that are to be used in test
stands constructed for evaluation of its equipment, and the type and
quantity of compressor to be used in those compressors. Only a
compressor oil approved for use by the compressor's manufacturer may be
specified, and the quantity of compressor oil specified shall be an
appropriate quantity for the type of oil and compressor to be used. In
order to reduce the cost of testing, the person seeking certification of
its recovery system may supply an EPA approved third party testing
laboratory with test stands meeting these standards for use in
evaluating its recovery system.
II. Test Conditions
Tests are to be conducted at 75 degrees F, plus or minus 2 degrees F
(23.9 C 1.1 C). Separate tests are conducted on
both high side case compressor stands and low side case compressor
stands. Separate tests are also conducted with the test stand compressor
running during the recovery operation, and without the test stand
compressor running during the recovery operation, to calculate the
system's recovery efficiency under either condition.
These tests are to be performed using a representative model of all
equipment used in the recovery system to deliver recovered refrigerant
to a container suitable for shipment to a refrigerant reclaimer. The
test stands are to be equipped with access valves permanently installed
as specific by the recovery system's vendor to represent the valves used
with that system in actual field operations.
A series of five (5) recovery operations are to be performed for
each compressor scenario and a recovery efficiency is calculated based
on the total quantity of refrigerant captured during all five (5)
recoveries. Alternatively, at the request of the recovery system's
vendor, a recovery efficiency is to be calculated for each recovery
event. In this case, a statistically significant number of recovery
operations are to be performed. Determination of what is a statistically
significant number of recoveries is to be calculated as set out below.
These individual recovery efficiencies are then averaged.
There are four (4) compressor scenarios to be tested. These are a
high side case compressor in working condition; a high side case
compressor in nonworking condition; a low side case compressor in
working condition; and a low side case compressor in nonworking
condition. Recovery efficiencies calculated for the two working
compressor scenarios are to be averaged to report a working compressor
performance. The two nonworking compressor efficiencies are also to be
averaged to report a nonworking compressor performance.
If large scale equipment is required in the system to deliver
recovered refrigerant to a refrigerant reclaimer (eg. carbon desorption
equipment) and it is not possible to have that equipment evaluated under
the procedure, the system's vendor shall obtain engineering data on the
performance of that large scale equipment that will reasonably
demonstrate the percentage refrigerant lost when processed by that
equipment. That data will be supplied to any person required to evaluate
the performance of those systems. The following procedure will also be
modified as needed to determine the weight of refrigerant recovered from
a test stand and delivered to a container for shipment to the large
process equipment for further processing. The percentage loss documented
to occur during processing is then to be applied to the recovery
efficiencies calculated in this modified procedure to determine the
overall capture efficiency for the entire system.
The following are definitions of symbols used in the test procedure.
Test Stand:
``TSO'' means an original test stand weight.
``TSC'' means a charged test stand weight.
[[Page 211]]
Shipping Containers:
``SCO'' means the original or empty weight of shipping container(s).
``SCF'' means the final or full weight of shipping container(s).
Recover/Transfer System:
``RSO'' means the original weight of a recovery/transfer system.
``RSF'' means the final weight of a recovery/transfer system.
``OL'' means the net amount of oil added/removed from the recovery
device and/or transfer device between the beginning and end of the test
for one compressor scenario.
Weighing steps are conducted with precision and accuracy of plus or
minus 1.0 gram.
III. Test Procedure
1. Evacuate the test stand to 20 microns vacuum (pressure measured
at a vacuum pump) for 12 hours.
2. Weigh the test stand (TSO).
3. If this is the first recovery operation being performed for a
compressor scenario (or if a recovery efficiency is to be calculated for
each recovery event), then weigh all devices used in the recovery system
to deliver recovered refrigerant to a container suitable for shipment or
delivery to a refrigerant reclaimer. Weigh only devices that can retain
refrigerant in a manner that it will ultimately be transferred to a
shipping container without significant release to the atmosphere (RSO).
4. Weigh final shipping containers (SCO).
5. Charge the test stand with an appropriate CFC-12 charge (either 6
oz. or 9 oz.).
6. Run the test stand for four (4) hours with 100% run time.
7. Turn off the test stand for twelve (12) hours. During this period
evaporate all condensation that has collected on the test stand during
step 6.
8. Weigh the test stand (TSC).
9. Recover CFC-12 from the test stand and perform all operations
needed to transfer the recovered refrigerant to one of the shipping
containers weighed in step 4. All recovery and transfer operations are
to be performed in accordance with the operating instructions provided
by the system's vendor. The compressor in the test stand is to remain
``off'' or be turned ``on'' during the recovery operation depending on
whether the test is for a nonworking or working compressor performance
evaluation. If a recovery efficiency is to be calculated for each
recovery event, transfer the captured refrigerant to a shipping
container and then skip to step 13. Otherwise continue. If the system
allows for multiple recovery operations to be performed before
transferring recovered refrigerant to a shipping container, the transfer
operation can be delayed until either the maximum number of recovery
operations allowed before a transfer is required have been performed, or
the last of the five (5) recovery operations has been performed.
10. Perform any oil removal or oil addition operations needed to
properly maintain the test stand and the devices used for recovery or
transfer operations. Determine the net weight of the oil added or
removed from the recovery device and/or transfer device. (OP1 for oil
added, OP2 for oil removed).
11. Evacuate the test stand to 20 microns vacuum for 4 hours.
12. Return to step 2 unless five (5) recovery operations have been
performed.
13. Weigh all final shipping containers that received recovered
refrigerant (SCF).
14. Weigh the equipment weighed in step three (3) above (RSF). If a
recovery efficiency is to be calculated for each recovery event, perform
calculations and return to step one (1) for additional recoveries.
IV. Calculations
A. For Five (5) Consecutive Recoveries
Refrigerant Recoverable equals the summation of charged test stand
weights minus original test stand weights.
Oil Loss equals the net weight of oil added to and removed from the
recovery device and/or transfer device.
[[Page 212]]
Refrigerant Recovered equals the final weight of shipping containers
minus the initial weight of final shipping containers, plus final
recovery system weight, minus original recovery system weight, plus the
net value of all additions and removals of oil from the recovery and
transfer devices.
[GRAPHIC] [TIFF OMITTED] TN30AU93.001
n = number of shipping containers used.
Recovery Efficiency equals Refrigerant Recovered divided by
Refrigerant Recoverable times 100%.
[GRAPHIC] [TIFF OMITTED] TN30AU93.002
B. For Individual Recoveries
Refrigerant Recoverable equals the charged test stand weight minus
the original test stand weight.
[GRAPHIC] [TIFF OMITTED] TN30AU93.003
Refrigerant Recovered equals the final weight of the shipping
container minus the initial weight of the shipping container plus the
final weight of the recovery system minus the original recovery system
weight.
[GRAPHIC] [TIFF OMITTED] TN30AU93.004
Recovery Efficiency equals Refrigerant Recovered divided by
Refrigerant Recoverable times 100 percent.
[GRAPHIC] [TIFF OMITTED] TN30AU93.005
[[Page 213]]
C. Calculation of a Statistically Significant Number of Recoveries
[GRAPHIC] [TIFF OMITTED] TN30AU93.006
Where:
Nadd = the number of additional samples required to achieve
90% confidence.
sd = Standard deviation, or (X/(N-1) \5\)
X = Sample average
N = Number of samples tested
------------------------------------------------------------------------
t for 90%
Number of samples confidence
------------------------------------------------------------------------
2......................................................... 6.814
3......................................................... 2.920
4......................................................... 2.353
5......................................................... 2.132
6......................................................... 2.015
7......................................................... 1.943
8......................................................... 1.895
9......................................................... 1.860
10......................................................... 1.833
------------------------------------------------------------------------
Procedure:
1. Compute Nadd after completing two recoveries.
2. If Nadd0, then run an additional test.
3. Re-compute Nadd. Continue to test additional samples
until Nadd<0.
V. Test Procedure Approval and Certification
Each vendor of capture equipment for small appliances desiring
certification will provide a representative model of its capture system
and its recommended recovery procedures to an EPA approved third party
laboratory for testing in accordance with this procedure. The third
party laboratory will certify recovery systems that when tested in
accordance with this procedure demonstrate a sufficient recovery
efficiency to meet EPA regulatory requirements.
Sec. Appendix D to Subpart F of Part 82--Standards for Becoming a
Certifying Program for Technicians
a. Test Preparation. Technicians must pass an EPA-approved test,
provided by an EPA-approved certifying program to be certified as a Type
I technician. Organizations providing Type I certification only may
choose either an on-site format or a mail-in format similar to what is
permitted under the MVACs program.
Technicians must pass a closed-book, proctored test, administered in
a secure environment, by an EPA-approved certifying program to be
certified as a Type II or Type III technician.
Technicians must pass a closed-book, proctored test (or series of
tests), administered in a secure environment, by an EPA-approved
certifying program to be certified as a Universal technician. Mail-in
format Type I tests cannot be used toward a Universal certification.
Each certifying program must assemble tests by choosing a prescribed
subset from the EPA test bank. EPA will have a test bank with more
questions than are needed for an individual test, which will enable the
certifying program to generate multiple tests in order to discourage
cheating. Each test must include 25 questions drawn from Group 1 and 25
questions drawn from each relevant technical Group. Tests for Universal
technicians will include 100 questions (25 from Group 1 and 25 from each
relevant technical Group). Universal tests may be taken all at once, or
by combining passing scores on separate Type I, Type II, and Type III
tests. Questions should be divided in order to sufficiently cover each
topic within the Group.
Certifying programs must provide a paper hand-out or electronic form
of communication to technicians after they have completed their
certification test that contains the following information:
--Which certifying program is providing the testing;
--Contact information for the certifying program;
--The name and contact information of the proctor; and
--When they should expect to receive their score and, if they passed,
their certification card.
Each certifying program must show a method of randomly choosing
which questions will be on the tests. Multiple versions of the test must
be used during each testing event. Test answer sheets must include the
name and address of the applicant, the name and address of the
certifying program, and the date and location at which the test was
administered.
Training material accompanying mail-in Type I tests must not include
sample test questions mimicking the language of the certification test.
All mail-in material will be subject to review by EPA.
Certifying programs may charge individuals reasonable fees for the
administration of the tests. EPA will publish a list of all approved
certifying programs.
[[Page 214]]
b. Proctoring. A certifying program for Type I (if in-person), Type
II, Type III, and Universal technicians must designate at least one
proctor registered for every 50 people taking tests at the same time at
a given site.
The certification test for Type I (if taken as part of a Universal
certification), Type II, Type III, and Universal technicians is a
closed-book exam. The proctors must ensure that the applicants for
certification do not use any notes or training materials during testing.
Desks or work space must be placed in a way that discourages cheating.
The space and physical facilities are to be conducive to continuous
surveillance by the proctors and monitors during testing.
The proctor may not receive any benefit from the outcome of the
testing other than a fee for proctoring. Proctors cannot know in advance
which questions are on the tests they are proctoring.
Proctors are required to verify the identity of individuals taking
the test by examining photo identification. Acceptable forms of
identification include but are not limited to drivers' licenses,
government identification cards, passports, and military identification.
Certifying programs for Type I technicians using the mail-in format,
must take sufficient measures at the test site to ensure that tests are
completed honestly by each technician. Each test for Type I
certification must provide a means of verifying the identification of
the individual taking the test. Acceptable forms of identification
include but are not limited to drivers' licenses and passports.
c. Test Security. A certifying program must demonstrate the ability
to ensure the confidentiality and security of the test questions and
answer keys through strict accountability procedures. An organization
interested in developing a technician certification program will be
required to describe these test security procedures to EPA.
After the completion of a test, proctors must collect all test
forms, answer sheets, scratch paper and notes. These items are to be
placed in a sealed envelope.
d. Test Content. All Type I, Type II and Type III, certification
tests will include 25 questions from Group I and 25 questions from Group
II. Universal certification tests will include 25 questions from Group I
and 75 questions from Group II (with 25 from each of the three sector-
specific areas).
Group I will ask questions in the following areas:
1. Environmental impact of CFCs, HCFCs, and substitute refrigerants
2. Laws and regulations
3. Changing industry outlook
Group II will ask questions covering sector-specific (i.e., Type I,
Type II, Type III) issues in the following areas:
4. Leak detection
5. Recovery Techniques
6. Safety
7. Shipping
8. Disposal
e. Grading. Tests must be graded objectively. Certifying programs
must inform the applicant of their test results no later than 30 days
from the date of the test. Type I certifying programs using the mail-in
format must notify the applicants of their test results no later than 30
days from the date the certifying programs received the completed test
and any required documentation.
The passing score for the closed-book Type I, Type II, Type III and
Universal certification test is 70 percent. The passing score for Type I
certification tests using the mail-in format is 84 percent.
f. Proof of Certification. Certifying programs must issue a standard
wallet-sized identification card no later than 30 days from the date of
the test. Type I certifying programs using mail-in formats must issue
cards to certified technicians no later than 30 days from the date the
certifying program receives the completed test and any required
documentation.
Each wallet-sized identification card must include, at a minimum,
the name of the certifying program including the date the certifying
program received EPA approval, the name of the person certified, the
type of certification, a unique number for the certified person that
does not include a technician's social security number, and the
following text:
[name of person] has successfully passed a [Type I, Type II, Type
III and/or Universal--as appropriate] exam on how to responsibly handle
refrigerants as required by EPA's National Recycling and Emissions
Reduction Program.
g. Recordkeeping and Reporting Requirements. Certifying programs
must maintain records of the names and addresses of all individuals
taking the tests, the scores of all certification tests administered,
and the dates and locations of all tests administered. These records
must be maintained indefinitely, unless transferred to another
certifying program or EPA.
EPA must receive an activity report from all approved certifying
programs by every January 30 and July 30, which covers the previous six
months of certifications. The first report must be submitted following
the first full six-month period for which the program has been approved
by EPA. This report includes the pass/fail rate. 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
[[Page 215]]
center must display a copy of that letter at their place of business.
Approved technician certification programs that voluntarily plan to
stop providing the certification test must forward all records required
by this appendix and Sec. 82.161 to another program currently approved
by EPA in accordance with this appendix and with Sec. 82.161. Approved
technician certification programs that receive records of certified
technicians from a program that no longer offers the certification test,
and the program that is voluntarily withdrawing from being a technician
certification program must inform EPA at the address listed in Sec.
82.160 within 30 days of receiving or transferring these records. The
notification must include the name and address of the program to which
the records have been transferred. If another currently approved program
willing to accept the records cannot be located, these records must be
submitted to EPA at the address listed at Sec. 82.160.
Technician certification programs that have had their certification
revoked in accordance with Sec. 82.169 must forward all records
required by this appendix and Sec. 82.161 to EPA at the address listed
in Sec. 82.160. Failure to do so is a violation of 40 CFR part 82,
subpart F.
h. Additional Requirements. EPA may periodically inspect testing
sites to ensure compliance with EPA regulations. If testing center
discrepancies are found, they must be corrected within a specified time
period. If discrepancies are not corrected, EPA may suspend or revoke
the certifying program's approval. The inspections will include but are
not limited to a review of the certifying program's provisions for test
security, the availability of space and facilities to conduct the
administrative requirements and ensure the security of the tests, the
availability of adequate testing facilities and spacing of the
applicants during testing, a review of the proper procedures regarding
accountability, and that there is no evidence of misconduct on the part
of the certifying programs, their representatives and proctors, or the
applicants for certification.
If the certifying programs offer training or provide review
materials to the applicants, these endeavors are to be considered
completely separate from the administration of the certification test.
[81 FR 82390, Nov. 18, 2016]
Sec. Appendix E to Subpart F of Part 82--Test Procedure for Leaks From
Containers Holding Two Pounds or Less of Refrigerant for Use in an MVAC
This appendix is based on the California Air Resources Board (CARB)
standard TP-503: Test Procedure for Leaks from Small Cans of Automotive
Refrigerant, as amended on January 5, 2010; and CARB standard BP-A1:
Balance Protocol for Gravimetric Determination of Sample Weights using a
Precision Balance, as amended January 5, 2010.
Section 1. Applicability
This test procedure is used by manufacturers of containers holding
two pounds or less of refrigerant for use in a motor vehicle air
conditioner (MVAC) to determine the leakage rate of small containers of
automotive refrigerant that are subject to the requirements of 40 CFR
part 82, subpart F. Specifically, this test procedure will specify the
equipment, procedures, and calculations to determine if a container
holding two pounds or less of refrigerant for use in an MVAC complies
with the leakage rate specified in Sec. 82.154(c)(2)(ii). All terms in
this appendix will follow the definitions in Sec. 82.152 unless
otherwise defined in this appendix.
All containers holding two pounds or less of refrigerant for use in
an MVAC must comply with other applicable codes and regulations such as
local, state, or Federal safety codes and regulations.
This test procedure involves the use of materials under pressure and
operations and should only be used by or under the supervision of those
familiar and experienced in the use of such materials and operations.
Appropriate safety precautions should be observed at all times while
performing this test procedure.
Section 2. Principle and Summary of Test Procedure
This procedure is used to determine the leakage rate of containers
holding two pounds or less of refrigerant for use in an MVAC (small
cans). Testing will involve subjecting both full and partially empty
cans in both upright and inverted positions at two temperatures: 73
[deg]F and 130 [deg]F.
Thirty small cans are tested under each condition for a total of 240
small cans tested. Small cans are brought to temperature stability,
weighed, then stored for 30 days under specified conditions of
temperature, orientation, and state of fill, then re-weighed. Leakage
rate (grams/year) is estimated by (weight loss in grams) x 365/(days
duration). The leakage rate is then compared to a standard of 3.00
grams/year to determine if a given small can complies with the leakage
rate specified in Sec. 82.154(c)(2)(ii).
Section 3. Biases and Interferences
3.1 Contaminants on the operator's hands can affect the weight of
the small can and the ability of the small can to absorb moisture. To
avoid contamination of the small can, the balance operator should wear
gloves while handling the small cans.
[[Page 216]]
3.2 Weight determinations can be interfered with by moisture
condensing on the small can and by thermal currents generated by
temperature differences between the small can and the room temperature.
The small cans cool during discharge and could cause condensation. For
these reasons, small cans must be equilibrated to balance room
temperature for at least four hours before weighing.
3.3 Variations in the temperature, pressure, and humidity of the
ambient air will cause variations in the buoyancy of the small can.
These variations should typically be less than 25 mg for a small can. If
the small can is not leaking at all, then the uncorrected weight changes
will be within the range of 0 25 mg, which is
about ten percent of the 247 mg loss expected after thirty days for a
can leaking at 3 g/yr. In that case buoyancy corrections can be omitted.
If the absolute value of the uncorrected weight change exceeds 25 mg,
then all calculations must be made using weights corrected for buoyancy
based on the temperature, pressure, and humidity of the weighing room.
3.4 Some electronic balances are sensitive to the effects of small
static charges. The small can should be placed directly on the balance
pan, ensuring metal to metal contact. If the balance pan is not
grounded, the small can and balance pan should be statically discharged
before weighing.
Section 4. Sensitivity and Range
The mass of a full small can could range from roughly 50 g to 1000 g
depending on the container capacity. A top loading balance, capable of a
maximum weight measurement of not less than 1,000 g and having a minimum
readability of 0.001 g, reproducibility and linearity of 0.002 g, must be used to perform mass measurements.
Section 5. Equipment
5.1 A top loading balance that meets the requirements of Section 4
above.
5.2 A NIST traceable working standard mass for balance calibration.
A NIST traceable working standard mass for a balance linearity check. A
reference mass to serve as a ``blank'' small can.
5.3 An enclosure capable of controlling the internal air
temperature from 73 [deg]F 5 [deg]F, and an
enclosure capable of controlling the internal air temperature to 130
[deg]F 5 [deg]F.
5.4 A temperature instrument capable of measuring the internal
temperature of the temperature conditioning enclosures and the balance
room with a sensitivity of 2 [deg]F.
5.5 A barometric pressure instrument capable of measuring
atmospheric pressure at the location of the balance to within 0.02 inches of mercury.
5.6 A relative humidity measuring instrument capable of measuring
the relative humidity (RH) at the location of the balance with a
sensitivity of 2 percent RH.
5.7 A hose with appropriate fitting for dispensing refrigerant from
the small can to a recovery machine.
5.8 A refrigerant recovery machine to collect the discharged
refrigerant from small cans being tested.
Section 6. Calibration Procedures
6.1 Calibrations are applied to the balance and to the support
equipment such as temperature, humidity, and pressure monitoring
equipment. Procedures for calibration are not spelled out here. General
calibration principals for the support equipment and the balance are
described in Section 11, Quality Assurance/Quality Control. Detailed
calibration procedures for measurements made using the balance are
contained in Attachment A: ``Balance Protocol for Gravimetric
Determination of Sample Weights using a Precision Balance.''
Section 7. Small Can Preparation
7.1 Receive a batch of 240 small cans of one design to be tested.
These may include several SKUs from different manufacturers if the
container and valve combination are the same.
7.2 Clean small cans with Alkanox solution or equivalent and dry
with a lint free towel.
7.3 Confirm that the sample ID sticker on the small can matches the
sample ID on the chain of custody forms.
7.4 Select a reference mass similar to the weight of a full small
can. If multiple sets of similar sized small cans are being tested, only
one reference mass is needed; it can be used with all sets. Store the
reference mass in the balance area.
7.5 Evacuate the contents of one half of the small cans (120 cans)
into the refrigerant recovery machine using normal DIY dispensing
procedures until each small can is approximately half full.
7.6 Select a reference mass similar to the weight of the half-full
small can. If multiple sets of similar size small cans are being tested,
only one reference mass is needed; it can be used with all sets. Store
the reference mass in the balance area.
Section 8. Small Can Weighing
Weighing cans on the balance is done in accordance with Attachment A
to this appendix. Attachment A describes how to conduct weight
determinations including appropriate calibration and QC data. This
section, ``Small Can Weighing,'' describes the overall process, not the
details of how to use the balance.
[[Page 217]]
Initial Weights
8.1 Put on gloves. Check the small cans for contamination.
8.2 Place the 240 small cans into a location where they can
equilibrate to balance room temperature. Record the small can test IDs
and the equilibration start time on the Small Can Test Data Forms
available on EPA's Web site in sets of thirty, one form for each of the
eight test conditions.
8.3 Let cans equilibrate for at least four hours.
8.4 Weigh the set of 240 small cans and the reference weights using
Attachment A and log the results to the Balance Weighing Log Form
available on EPA's Web site.
8.5 Transfer data from the Balance Weighing Log Form to the Small
Can Test Data Form in sets of 30, one set for each of the eight
conditions to be tested.
Thirty-Day Soak
8.6 Place each set of 30 small cans into the appropriate
orientation and temperature for soaking:
30 full small cans--73 [deg]F, upright
30 full small cans--73 [deg]F, inverted
30 full small cans--130 [deg]F, upright
30 full small cans--130 [deg]F, inverted
30 half-full small cans--73 [deg]F, upright
30 half-full small cans--73 [deg]F, inverted
30 half-full small cans--130 [deg]F, upright
30 half-full small cans--130 [deg]F, inverted
8.7 Soak the small cans for 30 days undisturbed.
Final Weighing
8.8 Place the 240 small cans into a location where they can
equilibrate to balance room temperature.
8.9 Let the small cans equilibrate for at least four hours.
8.10 Weigh the set of 240 small cans, the reference weights, and
any additional sets of small cans using Attachment A.
8.11 Transfer data from the Balance Weighing Log Form to the
corresponding Small Can Test Data Forms.
Section 9. Calculations
Corrections for Buoyancy
The calculations in this section are described in terms of
``weight.'' Mass is a property of the small can, whereas weight is a
force due to the effects of buoyancy and gravity. Procedures for
correcting the effect of buoyancy are given in Attachment B of this
appendix. Ignoring buoyancy, i.e., using weight data uncorrected for
buoyancy effects, is acceptable for a thirty day test if the absolute
magnitude of the weight change is less than 25 mg. If the uncorrected
weight change exceeds 25 mg for any small can, then correct all small
can weights for buoyancy using the procedures in Attachment B before
performing the calculations described below.
Calculation of Leak Rate
The emission rate in grams/day for each small can is calculated by
subtracting the final weight from the initial weight and then dividing
the weight difference by the time difference measured in days to the
nearest hour (nearest 1/24 of a day). The emission rate in g/day is
multiplied by 365 to determine emission rate in grams/yr. If the annual
emission rate for any small can exceeds the entire small can contents,
then the annual emission rate for that small can is adjusted to equal
the entire small can contents/year (e.g., about 350 g/yr for a 12 ounce
small can). The annual emission rate for the purpose of the test is
calculated by averaging the 240 individual adjusted annual emission
rates and rounding to two decimal places. The cans fail the test if the
adjusted annual emission rate averaged over 240 cans is greater than
3.00 g/yr. The calculations are described below.
Loss rate for each small can
Eidaily = (Wifinal - Wiinitial)/
(Difinal - Diinitial) g/day
Eiannual = 365 x Eidaily g/year
Eiadjusted = Minimum of (Eiadjusted, Ci/year) g/
yr
Where,
Ei = emission rate
Wifinal = weight of can i after soaking (grams)
Wiinitial = weight of can I before soaking (grams)
Difinal = date/time of final weight measurements (days)
Diinitial = date/time of initial weight measurements (days)
Ci = original factory mass of refrigerant in can i
Note: Date/Times are measured in days. Microsoft Excel stores dates
and times in days, and the calculations can be made directly in Excel.
If calculations are made manually, calculate serial days to the nearest
hour for each date and time as follows:
D = Julday + Hour/24
Where,
Julday = serial day of the year: Jan 1 = 1, Jan 31 = 31, Feb 1 = 32,
etc.
Hour = hour of day using 24-hour clock, 0 to 23
Calculate the average loss rate for the 240 small cans as follows:
Emean = [Sum (Eadjustedi), i = 1 to 240]/240
Section 10. Recordkeeping
During small can weighing, record the small can weights and date/
times on the Balance Weighing Log Form. After each weighing session,
transfer the measured weights and date/times from the Balance Weighing
Log Form to the Small Can Test Data Form.
[[Page 218]]
At the end of the test, complete the calculations described in
Section 9, Calculations, and record the results on the Small Can Test
Data Form.
Section 11. Quality Assurance/Quality Control
11.1 All temperature, pressure, and humidity instruments should be
calibrated annually against NIST traceable laboratory standards. The
main purpose of the NIST traceable calibration is to establish the
absolute accuracy of the device. The instruments should also be checked
periodically such as weekly, monthly, or quarterly against intermediate
standards or against independent instruments. For example, a
thermocouple can be checked weekly against a wall thermometer. A
barometer or pressure gauge can be checked weekly by adjusting to sea
level and comparing with local airport data. The main purpose of the
frequent checks is to verify that the device has not failed in some way.
This is especially important for electronic devices such as a digital
thermometer, but even a liquid filled thermometer can develop a problem
such as a bubble.
11.2 The balance should be serviced and calibrated annually by an
independent balance service company or agency using NIST traceable
reference masses. Servicing verifies accuracy and linearity, and the
maintenance performed helps ensure that a malfunction does not develop.
11.3 The balance must also be calibrated and its linearity checked
with working standards before and after each weighing session, or before
and after each group of 24 small cans if more than 24 small cans are
weighed in a session. Procedures for calibrating and using the balance,
as well as recording balance data, are described in the accompanying
balance weighing protocol. These procedures include zero checks,
calibration checks, and reference mass checks. Procedures for
calculating quality control data from those checks are described in
Attachment A.
11.4 The small cans are cleaned then handled using gloves to
prevent contamination. All equilibration and soaking must be done in a
dust free area.
Section 12. Balance Protocol for Gravimetric Determination of Sample
Weights Using a Precision Balance
12.1 Scope and application
This Protocol summarizes a set of procedures and tolerances for
weighing objects in the range of 0 to 1,000 g with a resolution of 0.001
g. This protocol only addresses balance operations, it does not address
project requirements for equilibration, sample hold time limits, sample
collection etc.
12.2 Summary of method
The balance is zeroed and calibrated using procedures defined
herein. Object weight determinations are conducted along with control
object weight determinations, zero checks, calibration checks,
sensitivity checks, and replicate weightings in a defined sequence
designed to control and quantitatively characterize precision and
accuracy.
12.3 Definitions
N/A.
12.4 Interferences
Object weights can be affected by temperature and relative humidity
of their environment, air currents, static electricity, gain and loss of
water vapor, gain or loss of and loss of volatile compounds directly
from the sample or from contaminants such as finger prints, marker ink,
and adhesive tape.
Contamination, transfer of material to or from the samples, is
controlled by conducting operations inside a clean area dedicated to the
purpose and having a filtered laminar air flow where possible; by
wearing gloves while handling all samples and related balance equipment;
by using forceps to handle small objects, and by keeping the balance and
all related equipment inside the clean area.
Air currents are controlled by conducting weighing operations inside
a closed chamber or glove box and by allowing the substrates to reach
temperature and relative humidity equilibrium. The chamber is maintained
at 40 percent relative humidity and 25 [deg]C by a continuous humidity
and temperature control system. The temperature and RH conditions are
recorded at least once per weighing sessions. Equilibration times for
samples that are particularly sensitive to humidity or to loss of semi-
volatiles species are specified by project requirements.
Static electric charges on the walls of the balance and the weighed
objects, including samples, controls, and calibration weights, can
significantly affect balance readings. Static is avoided by the operator
ground himself and test objects as described in the balance manual.
12.5 Personnel health and safety
N/A
12.6 Equipment and supplies
Filtered, temperature and humidity controlled
weighing chamber.
Precision Balance
Plastic forceps
Nylon fabric gloves.
Working calibration weights: ANSI Class 2, 1000g
and 500 g
Working sensitivity weight: 50 mg
Reference objects: references are one or more
objects that are typical of the objects to be weighed during a project,
but that are stored permanently inside the balance glove box. Reference
objects are labeled Test1, Test2, Test3, etc.
12.7 Reagents and standard
[[Page 219]]
N/A
12.8 Sample collection, preservation, and storage
N/A. See relevant project requirements and SOPs.
12.9 Quality control
Data quality is controlled by specifying frequencies and tolerances
for Zero, Calibration, Linearity, and Sensitivity checks. If checks do
not meet tolerance criteria, then samples must be re-weighed. In
addition, the procedures specify frequencies for Control Object Checks.
Data quality is quantitatively characterized using Zero Check,
Calibration Check, and Control Check data. These data are summarized
monthly in statistics and QC charts.
12.10 Calibration and standardization
The absolute accuracy of the balance is established by calibration
against an ANSI Class 2, stainless steel working weight: 1000.000 g
0.0025 g. Linearity is established checking the
midpoint against an ANSI Class 2 stainless steel working weight: 500.000
0.0012 g. Sensitivity is established using and
ANSI Class 2 stainless steel or aluminum working weight: 50 mg.
Precision is checked by periodically checking zero, calibration, and
reference object weights.
12.11 Procedure
12.11.1 Overview of Weighing Sequence
Weighing a series of substrates consists of performing the following
procedures in sequence, while observing the procedures for handling and
the procedures for reading the balance:
1. Initial Adjustment
2. Weigh eight samples
3. Zero Check
4. Weigh eight samples
5. Zero Check
6. Weigh eight samples
7. Calibration Check
8. Return to step 2.
9. If less than 24 cans are weighed, perform a final Calibration Check
at the end of weighing.
This sequence is interrupted and samples are reweighed if QC check
tolerances are not met. Each of these procedures along with procedures
for handling and reading the balance are described below. The QC
tolerances referred to in these procedures are listed in Table 1.
12.11.2 Handling
1. Never touch samples, weights, balance pans, etc. with bare hands.
Wear powder free gloves to handle the weights, controls, and samples.
12.11.3 Reading the Balance
1. Close the door. Wait for the balance stabilization light to come
on, and note the reading.
2. Watch the balance reading for 30 sec (use a clock). If the
reading has not changed by more than 0.001 g from the reading noted in
step 1, then record the reading observed at the end of the 30 sec
period.
3. If the reading has drifted more than 0.001 g note the new balance
reading and go to step 2.
4. If the balance reading is flickering back and forth between two
consecutive values choose the value that is displayed more often than
the other.
5. If the balance reading is flickering equally back and forth
between two consecutive values choose the higher value.
12.11.4 Initial Adjustment
1. Empty the sample pan Close the door. Select Range 1000 g
2. Wait for a stable reading
3. Record the reading with QC code IZC (initial zero check)
4. Press the Tare button
5. Record the reading in the logbook with QC code IZA (initial zero
adjust)
6. Place the 1,000 g working calibration weight on the balance pan
7. Wait for a stable reading.
8. Record the reading with QC code ICC (initial cal check)
9. Press the Calibrate button
10. Record the reading with QC code ICA (initial cal adjust)
11. Remove the calibration weight.
12. Wait for a stable reading.
13. Record the reading with QC code IZC.
14. If the zero reading exceeds 0.002 g, go to
step 4.
15. Place the 500 g calibration weight on the balance pan
16. After a stable reading, record the reading with QC code C500. Do not
adjust the balance.
17. Add the 0.050 g weight to 500 g weight on the balance pan.
18. After a stable reading, record the reading with QC code C0.05. Do
not adjust the balance.
19. Weigh reference object TEST1, record reading with QC code T1.
20. Weigh the reference object TEST2, TEST3, etc. that is similar in
weight to the samples that you will be weighing. Record with
QC code T2, T3, etc.
12.11.5 Zero Check
1. Empty the sample pan. Close the door.
2. Wait for a stable reading
3. Record the reading with QC code ZC
4. If the ZC reading is less than or equal to the zero adjustment
tolerance shown in Table 1, return to weighing and do not
adjust the zero. If the ZC reading exceeded the zero
adjustment tolerance, proceed with steps 5 through 7.
5. Press the Tare button
6. Record the reading in the logbook with QC code ZA.
7. If the ZC reading exceeded the zero re-weigh tolerance, change the QC
code recorded in step 3 from ZC to FZC. Then
[[Page 220]]
enter a QC code of FZ into the QC code column of all samples
weights obtained after the last valid zero check. Re- weigh
all of those samples, recording new data in new rows of the
logbook.
12.11.6 Calibration Check
1. First, follow procedures for Zero Check. If the ZC was within
tolerance, tare the balance anyway (i.e., follow steps 5 and 6
of the Zero Check method)
2. Place the 1,000 g working calibration weight on the sample pan, wait
for a stable reading.
3. Record the reading with QC code C1000
4. If the C1000 reading is less than or equal to the calibration
adjustment tolerances, skip steps 5 through 8 and proceed to
step 9. Do not adjust the calibration.
5. If the C100 reading exceeded the calibration adjust tolerance, press
the Calibrate button.
6. Record the reading in the logbook with QC code CA
7. Perform a Zero Check (follow the Zero Check method)
8. If the C1000 reading exceeded the calibration re-weigh tolerance,
change the code recorded in step 3 from C1000 to FC1000. Enter
FC into the QC column for all sample weights obtained after
the last valid calibration check. Re-weigh all of those
samples, recording new data in new rows of the logbook.
12.11.7 Replicate Weighing Check
1. This protocol does not include reweigh samples to obtain
replicates. The projects for which this protocol is intended already
include procedures multiple weightings of each sample.
Table 1--QC Tolerances and Frequencies for Balance Protocol
------------------------------------------------------------------------
------------------------------------------------------------------------
Reading Tolerance:
------------------------------------------------------------------------
0.001 g, stable for 30 sec..............................................
------------------------------------------------------------------------
Adjustment Tolerances:
------------------------------------------------------------------------
Zero:..................................... -0.003 to +0.003 g.
Calibration:.............................. 999.997 to 1000.003 g.
Controls:................................. none.
Replicates:............................... none.
------------------------------------------------------------------------
Re-weigh Tolerances:
------------------------------------------------------------------------
Zero:..................................... -0.005 to +0.005 g.
Calibration:.............................. 999.995 to 1000.005 g.
Controls:................................. none.
Replicates:............................... none.
------------------------------------------------------------------------
Reference Objects:
------------------------------------------------------------------------
Test 1--A reference object weighing about 400 g.........................
Test 2--A reference object weighing about 200 g.........................
Test 3--A reference object weighing about 700 g.........................
------------------------------------------------------------------------
QC Frequencies:
------------------------------------------------------------------------
Zero Checks:.............................. once per 8 samples.
Calibration Checks:....................... once per 24 samples.
Repeat weighings:......................... none (test method includes
replicate determinations).
Control objects:.......................... once per weighing session.
------------------------------------------------------------------------
12.12 Data analysis and calculations
For Zero Checks, let Z equal the recorded Zero Check value. For
control checks let T1, T2, etc. equal the recorded value for control
object Test 1, Test 2, etc. For Calibration Checks, let C1000 equal
C1000 reading minus 1000, M = C500--500, S = .C.050--C500--.050. For
Replicate Checks, let D equal the loss that occurred between the first
and second measurements. In summary:
T1 = T1
T2 = T2
T3 = T3
Z = ZC--0
C = C1000--1000
M = C500--500
G = C050--C500--.050
Tabulate the mean and standard deviation for each of the following:
Z, C, M, G. T1, T2, T3. Depending on the number of operators using the
balance and the number of protocols in use, analyze the data by
subcategories to determine the effects of balance operator and protocol.
Each of these standard deviations, SZ, SC, etc. is
an estimate of the precision of single weight measurement.
For Z, C, M, and G, check the mean value for statistical difference
from 0. If the means are statistically different than zero,
troubleshooting to eliminate bias may be called for. For Z, C, M, G, T1,
T2, T3, check that the standard deviations are all comparable. If there
are systematic differences, then troubleshooting to eliminate the
problem may be called for.
Note that the precision of a weight gain, involves two weight
determinations, and therefore is larger than S by a factor of sqrt(2).
On the other hand replicate weighings improves the precision of the
determinations by a factor of sqrt(N). If N = 2, i.e., duplicates, then
the factors cancel each other.
To estimate the overall uncertainty in a weight determination, a
conservative estimate might be to combine the imprecision contributed by
the zero with the imprecision contributed by the calibration.
U = Sqrt(SZ\2\ + SC\2\)
The uncertainty in a weight gain from N replicates is then given by:
Ugain = Sqrt(2) x Sqrt(SZ\2\ + SC\2\)/
Sqrt(N)
But due to the balance adjustment and reweigh tolerances, we expect
SZ to approximately equal SC, to approximately
equal SM, etc. tolerances, so that the equation above
becomes:
Ugain = 2 x S/Sqrt(N)
[[Page 221]]
Where S is any individual standard deviation; or better, a pooled
standard deviation.
12.13 Method performance
The data necessary to characterize the accuracy and precision of
this method are still being collected. The method is used primarily to
weigh objects before and after a period of soaking to determine weight
loss by subtraction. Given the reweigh tolerances, we expect that the
precision of weight gain determinations will be on the order of 0.006 g
at the 1-sigma level. Bias in the weight gain determination, due to
inaccuracy of the calibration weight and to fixed non-linearity of the
balance response is on the order 0.005 percent of the gain.
12.14 Pollution prevention
When discharging half the can contents during can preparation, do
not vent the contents of the small can to the atmosphere. Use an
automotive recovery machine to transfer small can contest to a recovery
cylinder.
12.15 Waste management
Dispose of the contents of the recycle cylinder through a service
that consolidates waste for shipment to EPA certified facilities for
reclaiming or destruction.
Section 13. Compensation of Weight Data for Buoyancy and Gravity Effects
13.1 Gravity
Variations in gravity are important only when weighing objects under
different gravitational fields, i.e., at different locations or at
different heights. Since the balance procedures calibrate the balance
against a known mass (the calibration ``weight'') at the same location
where sample objects are weighed, there is no need to correct for
location. Although both the sample and the calibration weight are used
at the same location, there will be a difference in the height of the
center of gravity of the sample object (small can) and the center of
gravity of the reference mass (calibration weight). However, this
difference in height is maintained during both the initial weights and
final weights, affecting the initial and final weights by the same
amount, and affecting the scale of the weight difference by only a few
ppm. In any event, the magnitude of this correction is on the order of
0.3 ug per kg per mm of height difference. A difference on the order of
100 mm would thus yield a weight difference of about 0.03 mg, which is
insignificant compared to our balance resolution which is 0.001 g or 1
mg.
Based on the discussion above, no corrections for gravity are
necessary when determining weight changes in small cans.
13.2 Buoyancy
Within a weighing session, the difference in density between the
sample object and the calibration weight will cause the sample object
weight value to differ from its mass value due to buoyancy. For a 1-
liter object in air at 20 [deg]C and at 1 atm, the buoyant force is
about 1.2 g. The volume of a 1 kg object with a density of 8 g/cm\3\
(e.g., a calibration weight), is about 0.125 liters, and the buoyancy
force is about 0.15 g. Variations in air density will affect both of
these values in proportion. The net value being affected by variations
in air density is thus on the order of 1.2 - 0.15 = 1.05 g. Air density
can vary up or down by 2 percent or more due to variations in barometric
pressure, temperature, and humidity. The buoyancy force will then vary
up or down by 0.02 g, or 20 mg. This is significant compared to the
weight change expected after one week for a can leaking at 3 grams per
year, which is 57 mg.
Based on the discussion above, buoyancy corrections must be made.
Variables measured or calculated:
Vcan = volume of can (cm\3\). Estimate to within 10 percent
by measuring the can dimensions or by water displacement.
Error in the can volume will cause an error in the absolute
amount of the buoyancy force, but will have only a small
effect on the change in buoyancy force from day to day.
Wcan = nominal weight of a can (g), used to calculate the
nominal density of the can.
[rho]can = nominal density of a small can (g/cm\3\). The
nominal values can be applied to corrections for all cans. It
is not necessary to calculate a more exact density for each
can. Calculate once for a full can and once for a half full
can as follows:
[rho]can = Wcan /Vcan
T = Temperature in balance chamber (degrees Celsius).
RH = Relative humidity in balance chamber (expressed a number between 0
and 100).
Pbaro = Barometric pressure in balance chamber (millibar).
Use actual pressure, NOT pressure adjusted to sea level.
[rho]air = density of air in the balance chamber (g/cm\3\).
Calculate using the following approximation:
[rho]air = 0.001*[0.348444*Pbaro-(RH/100) x (0.252
x T-2.0582)]/(T + 273.15)
[rho]ref = the reference density of the calibration weight
(g/cm\3\). Should be 8.0 g/cm\3\.
Equation to correct for buoyancy: Wcorrected =
Wreading x (1--[rho]air/
[rho]ref)/(1--[rho]air/
[rho]can)
[81 FR 82392, Nov. 18, 2016]
Subpart G_Significant New Alternatives Policy Program
Source: 59 FR 13147, Mar. 18, 1994, unless otherwise noted.
[[Page 222]]
Sec. 82.170 Purpose and scope.
(a) The purpose of these regulations in this subpart is to implement
section 612 of the Clean Air Act, as amended, regarding the safe
alternatives policy on the acceptability of substitutes for ozone-
depleting compounds. This program will henceforth be referred to as the
``Significant New Alternatives Policy'' (SNAP) program. The objectives
of this program are to identify substitutes for ozone-depleting
compounds, to evaluate the acceptability of those substitutes, to
promote the use of those substitutes believed to present lower overall
risks to human health and the environment, relative to the class I and
class II compounds being replaced, as well as to other substitutes for
the same end-use, and to prohibit the use of those substitutes found,
based on the same comparisons, to increase overall risks.
(b) The regulations in this subpart describe persons and substitutes
subject to reporting requirements under the SNAP program and explain
preparation and submission of notices and petitions on substitutes. The
regulations also establish Agency procedures for reviewing and
processing EPA's determinations regarding notices and petitions on
substitutes. Finally, the regulations prohibit the use of alternatives
which EPA has determined may have adverse effects on human health or the
environment where EPA has identified alternatives in particular
industrial use sectors that on an overall basis, reduce risk to human
health and the environment and are currently or potentially available.
EPA will only prohibit substitutes where it has identified other
substitutes for a specific application that are acceptable and are
currently or potentially available.
(c) Notifications, petitions and other materials requested shall be
sent to: SNAP Document Control Officer, U.S. Environmental Protection
Agency (6205-J), 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Sec. 82.172 Definitions.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
Agency means the U.S. Environmental Protection Agency.
Application means a specific use within a major industrial sector
end-use.
Class I or class II means the specific ozone-depleting compounds
described in section 602 of the Act.
Decision means any final determination made by the Agency under
section 612 of the Act on the acceptability or unacceptability of a
substitute for a class I or II compound.
EPA means the U.S. Environmental Protection Agency.
End-use means processes or classes of specific applications within
major industrial sectors where a substitute is used to replace an ozone-
depleting substance.
Formulator means any person engaged in the preparation or
formulation of a substitute, after chemical manufacture of the
substitute or its components, for distribution or use in commerce.
Health and safety study or study means any study of any effect of a
substitute or its components on health and safety, or the environment or
both, including underlying data and epidemiological studies, studies of
occupational, ambient, and consumer exposure to a substitute,
toxicological, clinical, and ecological, or other studies of a
substitute and its components, and any other pertinent test. Chemical
identity is always part of a health and safety study. Information which
arises as a result of a formal, disciplined study is included in the
definition. Also included is information relating to the effects of a
substitute or its components on health or the environment. Any available
data that bear on the effects of a substitute or its components on
health or the environment would be included. Examples include:
(1) Long- and short-term tests of mutagenicity, carcinogenicity, or
teratogenicity; data on behavioral disorders; dermatoxicity;
pharmacological effects; mammalian absorption, distribution, metabolism,
and excretion; cumulative, additive, and synergistic effects; acute,
subchronic, and chronic effects; and structure/activity analyses;
(2) Tests for ecological or other environmental effects on
invertebrates, fish, or other animals, and plants, including: Acute
toxicity tests, chronic toxicity tests, critical life stage tests,
[[Page 223]]
behavioral tests, algal growth tests, seed germination tests, microbial
function tests, bioconcentration or bioaccumulation tests, and model
ecosystem (microcosm) studies;
(3) Assessments of human and environmental exposure, including
workplace exposure, and effects of a particular substitute on the
environment, including surveys, tests, and studies of: Biological,
photochemical, and chemical degradation; air, water and soil transport;
biomagnification and bioconcentration; and chemical and physical
properties, e.g., atmospheric lifetime, boiling point, vapor pressure,
evaporation rates from soil and water, octanol/water partition
coefficient, and water solubility;
(4) Monitoring data, when they have been aggregated and analyzed to
measure the exposure of humans or the environment to a substitute; and
(5) Any assessments of risk to health or the environment resulting
from the manufacture, processing, distribution in commerce, use, or
disposal of the substitute or its components.
Importer means any person who imports a chemical substitute into the
United States. Importer includes the person primarily liable for the
payment of any duties on the merchandise or an authorized agent acting
on his or her behalf. The term also includes, as appropriate:
(1) The consignee;
(2) The importer of record;
(3) The actual owner; and
(4) The transferee, if the right to draw merchandise in a bonded
warehouse has been transferred.
Major Industrial Use Sector or Sector means an industrial category
which EPA has reviewed under the SNAP program with historically high
consumption patterns of ozone-depleting substances, including:
Refrigeration and air conditioning; foam-blowing; fire suppression and
explosion protection; solvents cleaning; aerosols; sterilants; tobacco
expansion; pesticides; and adhesives, coatings and inks sectors.
Manufacturer means any person engaged in the direct manufacture of a
substitute.
Mixture means any mixture or blend of two or more compounds.
Person includes an individual, corporation, partnership,
association, state, municipality, political subdivision of a state, and
any agency, department, or instrumentality of the United States and any
officer, agent, or employee of such entities.
Pesticide has the meaning contained in the Federal Insecticide,
Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq. and the regulations
issued under it.
Potentially available is defined as any alternative for which
adequate health, safety, and environmental data, as required for the
SNAP notification process, exist to make a determination of
acceptability, and which the Agency reasonably believes to be
technically feasible, even if not all testing has yet been completed and
the alternative is not yet produced or sold.
Premanufacture Notice (PMN) Program has the meaning described in 40
CFR part 720, subpart A promulgated under the Toxic Substances Control
Act, 15 U.S.C. 2601 et seq.
Producer means any person who manufactures, formulates or otherwise
creates a substitute in its final form for distribution or use in
interstate commerce.
Research and development means quantities of a substitute
manufactured, imported, or processed or proposed to be manufactured,
imported, or processed solely for research and development.
Residential use means use by a private individual of a chemical
substance or any product containing the chemical substance in or around
a permanent or temporary household, during recreation, or for any
personal use or enjoyment. Use within a household for commercial or
medical applications is not included in this definition, nor is use in
automobiles, watercraft, or aircraft.
Significant new use means use of a new or existing substitute in a
major industrial use sector as a result of the phaseout of ozone-
depleting compounds.
Small uses means any use of a substitute in a sector other than a
major industrial use sector, or production by any producer for use of a
substitute in a major industrial sector of 10,000 lbs. or less per year.
[[Page 224]]
Substitute or alternative means any chemical, product substitute, or
alternative manufacturing process, whether existing or new, intended for
use as a replacement for a class I or II compound.
Test marketing means the distribution in interstate commerce of a
substitute to no more than a limited, defined number of potential
customers to explore market viability in a competitive situation.
Testing must be restricted to a defined testing period before the
broader distribution of that substitute in interstate commerce.
Use means any use of a substitute for a Class I or Class II ozone-
depleting compound, including but not limited to use in a manufacturing
process or product, in consumption by the end-user, or in intermediate
uses, such as formulation or packaging for other subsequent uses.
Use restrictions means restrictions on the use of a substitute
imposing either conditions on how the substitute can be used across a
sector end-use or limits on the end-uses or specific applications where
it can be used within a sector.
Sec. 82.174 Prohibitions.
(a) No person may introduce a new substitute into interstate
commerce before the expiration of 90 days after a notice is initially
submitted to EPA under Sec. 82.176(a).
(b) No person may use a substitute which a person knows or has
reason to know was manufactured, processed or imported in violation of
the regulations in this subpart, or knows or has reason to know was
manufactured, processed or imported in violation of any use restriction
in the acceptability determination, after the effective date of any
rulemaking imposing such restrictions.
(c) No person may use a substitute without adhering to any use
restrictions set by the acceptability decision, after the effective date
of any rulemaking imposing such restrictions.
(d) No person may use a substitute after the effective date of any
rulemaking adding such substitute to the list of unacceptable
substitutes.
(e) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart G is stayed from
December 8, 1994, to March 8, 1995, only as applied to use of
substitutes for export.
[59 FR 13147, Mar. 18, 1994, as amended at 59 FR 63256, Dec. 8, 1994; 60
FR 3303, Jan. 13, 1995]
Sec. 82.176 Applicability.
(a) Any producer of a new substitute must submit a notice of intent
to introduce a substitute into interstate commerce 90 days prior to such
introduction. Any producer of an existing substitute already in
interstate commerce must submit a notice as of July 18, 1994, if such
substitute has not already been reviewed and approved by the Agency.
(b) With respect to the following substitutes, producers are exempt
from notification requirements:
(1) Substitutes already listed as acceptable. Producers need not
submit notices on substitutes that are already listed as acceptable
under SNAP.
(2) Small sectors. Persons using substitutes in sectors other than
the nine principal sectors reviewed under this program are exempt from
the notification requirements. This exemption shall not be construed to
nullify an unacceptability determination or to allow use of an otherwise
unacceptable substitute.
(3) Small volume use within SNAP sectors. Within the nine principal
SNAP sectors, persons introducing a substitute whose expected volume of
use amounts to less than 10,000 lbs. per year within a SNAP sector are
exempt from notification requirements. This exemption shall not be
construed to allow use of an otherwise unacceptable substitute in any
quantity. Persons taking advantage of this exemption for small uses must
maintain documentation for each substitute describing how the substitute
meets this small use definition. This documentation must include annual
production and sales information by sector.
(4) Research and development. Production of substitutes for the sole
purpose of research and development is exempt from reporting
requirements.
(5) Test marketing. Use of substitutes for the sole purpose of test
marketing
[[Page 225]]
is exempt from SNAP notification requirements until 90 days prior to the
introduction of such substitutes for full-scale commercial sale in
interstate commerce. Persons taking advantage of this exemption are,
however, required to notify the Agency in writing that they are
conducting test marketing 30 days prior to the commencement of such
marketing. Notification shall include the name of the substitute, the
volume used in the test marketing, intended sector end-uses, and
expected duration of the test marketing period.
(6) Formulation changes. In cases where replacement of class I or II
compounds causes formulators to change other components in a product,
formulators are exempt from reporting with respect to these auxiliary
formulation changes. However, the SNAP submitter is required to notify
the Agency if such changes are expected to significantly increase the
environmental and human health risk associated with the use of any class
I or class II substitute.
(7) Substitutes used as feedstocks. Producers of substitutes used as
feedstocks which are largely or entirely consumed, transformed or
destroyed in the manufacturing or use process are exempt from reporting
requirements concerning such substitutes.
(c) Use of a substitute in the possession of an end-user as of March
18, 1994, listed as unacceptable or acceptable subject to narrowed use
limits may continue until the individual end-users' existing supply, as
of that date, of the substitute is exhausted. Use of substitutes
purchased after March 18, 1994, is not permitted subsequent to April 18,
1994.
Sec. 82.178 Information required to be submitted.
(a) Persons whose substitutes are subject to reporting requirements
pursuant to Sec. 82.176 must provide the following information:
(1) Name and description of the substitute. The substitute should be
identified by its: Chemical name; trade name(s); identification numbers;
chemical formula; and chemical structure.
(2) Physical and chemical information. The substitute should be
characterized by its key properties including but not limited to:
Molecular weight; physical state; melting point; boiling point; density;
taste and/or odor threshold; solubility; partition coefficients (Log
Kow, Log Koc); atmospheric lifetime and vapor
pressure.
(3) Substitute applications. Identification of the applications
within each sector end-use in which the substitutes are likely to be
used.
(4) Process description. For each application identified,
descriptive data on processing, including in-place pollution controls.
(5) Ozone depletion potential. The predicted 100-year ozone
depletion potential (ODP) of substitute chemicals. The submitter must
also provide supporting documentation or references.
(6) Global warming impacts. Data on the total global warming
potential of the substitute, including information on the GWP index and
the indirect contributions to global warming caused by the production or
use of the substitute (e.g., changes in energy efficiency). GWP must be
calculated over a 100, 500 and 1000-year integrated time horizon.
(7) Toxicity data. Health and safety studies on the effects of a
substitute, its components, its impurities, and its degradation products
on any organism (e.g., humans, mammals, fish, wildlife, and plants). For
tests on mammals, the Agency requires a minimum submission of the
following tests to characterize substitute risks: A range-finding study
that considers the appropriate exposure pathway for the specific use
(e.g., oral ingestion, inhalation, etc.), and a 90-day subchronic
repeated dose study in an appropriate rodent species. For certain
substitutes, a cardiotoxicity study is also required. Additional
mammalian toxicity tests may be identified based on the substitute and
application in question. To sufficiently characterize aquatic toxicity
concerns, both acute and chronic toxicity data for a variety of species
are required. For this purpose, the Agency requires a minimum data set
as described in ``Guidelines for Deriving Numerical National Water
Quality Criteria for the Protection of Aquatic Organisms and their
Uses,'' which is available through the National Technical Information
Service (PB 85-227049). Other relevant information and
[[Page 226]]
data summaries, such as the Material Safety Data Sheets (MSDS), should
also be submitted. To assist in locating any studies previously
submitted to EPA and referred to, but not included in a SNAP submission,
the submitter must provide citations for the date, type of submission,
and EPA Office to which they were submitted, to help EPA locate these
quickly.
(8) Environmental fate and transport. Where available, information
must be submitted on the environmental fate and transport of
substitutes. Such data shall include information on bioaccumulation,
biodegradation, adsorption, volatility, transformation, and other data
necessary to characterize movement and reaction of substitutes in the
environment.
(9) Flammability. Data on the flammability of a substitute chemical
or mixture are required. Specifically, the flash point and flammability
limits are needed, as well as information on the procedures used for
determining the flammability limits. Testing of blends should identify
the compositions for which the blend itself is flammable and include
fractionation data on changes in the composition of the blend during
various leak scenarios. For substitutes that will be used in consumer
applications, documentation of testing results conducted by independent
laboratories should be submitted, where available. If a substitute is
flammable, the submitter must analyze the risk of fire resulting from
the use of such a substitute and assess the effectiveness of measures to
minimize such risk.
(10) Exposure data. Available modeling or monitoring data on
exposures associated with the manufacture, formulation, transport, use
and disposal of a substitute. Descriptive process information for each
substitute application, as described above, will be used to develop
exposure estimates where exposure data are not readily available.
Depending on the application, exposure profiles may be needed for
workers, consumers, and the general population.
(11) Environmental release data. Data on emissions from the
substitute application and equipment, as well as on pollutant releases
or discharge to all environmental media. Submitters should provide
information on release locations, and data on the quantities, including
volume, of anticipated waste associated with the use of the substitute.
In addition, information on anticipated waste management practices
associated with the use of the substitute. Any available information on
any pollution controls used or that could be used in association with
the substitute (e.g., emissions reduction technologies, wastewater
treatment, treatment of hazardous waste) and the costs of such
technology must also be submitted.
(12) Replacement ratio for a chemical substitute. Information on the
replacement ratio for a chemical substitute versus the class I or II
substances being replaced. The term ``replacement ratio'' means how much
of a substitute must be used to replace a given quantity of the class I
or II substance being replaced.
(13) Required changes in use technology. Detail on the changes in
technology needed to use the alternative. Such information should
include a description of whether the substitute can be used in existing
equipment--with or without some retrofit--or only in new equipment. Data
on the cost (capital and operating expenditures) and estimated life of
any technology modifications should also be submitted.
(14) Cost of substitute. Data on the expected average cost of the
alternative. In addition, information is needed on the expected
equipment lifetime for an alternative technology. Other critical cost
considerations should be identified, as appropriate.
(15) Availability of substitute. If the substitute is not currently
available, the timing of availability of a substitute should be
provided.
(16) Anticipated market share. Data on the anticipated near-term and
long-term nationwide substitute sales.
(17) Applicable regulations under other environmental statutes.
Information on whether the substitute is regulated under other statutory
authorities, in particular the Clean Water Act, Safe Drinking Water Act,
the Resource Conservation and Recovery Act, the Federal Insecticide,
Fungicide, and Rodenticide Act, the Toxic Substances Control Act, the
Comprehensive Environmental Response, Compensation
[[Page 227]]
and Liability Act, the Emergency Planning and Community Right-to-Know
Act, or other titles under the Clean Air Act.
(18) Information already submitted to the Agency. Information
requested in the SNAP program notice that has been previously submitted
to the Agency as part of past regulatory and information-gathering
activities may be referenced rather than resubmitted. Submitters who
cannot provide accurate references to data sent previously to the Agency
should include all requested information in the SNAP notice.
(19) Information already available in the literature. If any of the
data needed to complete the SNAP program notice are available in the
public literature, complete references for such information should be
provided.
(b) The Significant New Alternatives Policy (SNAP) Information
Notice is designed to provide the Agency with the information necessary
to reach a decision on the acceptability of a substitute.
(1) Submitters requesting review under the SNAP program should send
the completed SNAP notice to: SNAP Document Control Officer, U.S.
Environmental Protection Agency (6205-J), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
(2) Submitters filing jointly under SNAP and the Premanufacture
Notice Program (PMN) should send the SNAP addendum along with the PMN
form to: PMN Document Control Officer, U.S. Environmental Protection
Agency (7407), 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Submitters must also send both documents to the SNAP program, with a
reference to indicate the notice has been furnished to the Agency under
the PMN program. Submitters providing information on new chemicals for
joint review under the TSCA and SNAP programs may be required to supply
additional toxicity data under TSCA section 5.
(3) Submitters filing jointly under SNAP and under the Federal
Insecticide, Fungicide, and Rodenticide Act should send the SNAP form to
the Office of Pesticide Programs, Registration Division, (7505C) 1200
Pennsylvania Ave., NW., Washington, DC 20460, as well as to the SNAP
Document Control Officer.
Sec. 82.180 Agency review of SNAP submissions.
(a) Processing of SNAP notices--(1) 90-day review process. The 90-
day review process will begin once EPA receives a submission and
determines that such submission includes data on the substitute that are
complete and adequate, as described in Sec. 82.178. The Agency may
suspend or extend the review period to allow for submission of
additional data needed to complete the review of the notice.
(2) Initial review of notice. The SNAP Document Control Officer will
review the notice to ensure that basic information necessary to process
the submission is present (i.e., name of company, identification of
substitute, etc.). The SNAP Document Control Officer will also review
substantiation of any claim of confidentiality.
(3) Determination of data adequacy. Upon receipt of the SNAP
submission, the Agency will review the completeness of the information
supporting the application. If additional data are needed, the submitter
will be contacted following completion of this review. The 90-day review
period will not commence until EPA has received data it judges adequate
to support analysis of the submission.
(4) Letter of receipt. The SNAP Document Control Officer will send a
letter of receipt to the submitter to confirm the date of notification
and the beginning of EPA's 90-day review period. The SNAP Document
Control Officer will also assign the SNAP notice a tracking number,
which will be identified in the letter of receipt.
(5) Availability of new information during review period. If
critical new information becomes available during the review period that
may influence the Agency's evaluation of a substitute, the submitter
must notify the Agency about the existence of such information within 10
days of learning of such data. The submitter must also inform the Agency
of new studies underway, even if the results will not be available
within the 90-day review period. The Agency may contact the submitter to
[[Page 228]]
explore extending or suspending the review period depending on the type
of information received and the stage of review.
(6) Completion of detailed review. Once the initial data review,
described in paragraphs (a)(2) and (3) of this section, has been
completed, the Agency will complete a detailed evaluation of the notice.
If during any time the Agency perceives a lack of information necessary
to reach a SNAP determination, it will contact the submitter and request
the missing data.
(7) Criteria for review. To determine whether a substitute is
acceptable or unacceptable as a replacement for class I or II compounds,
the Agency will evaluate:
(i) Atmospheric effects and related health and environmental
impacts;
(ii) General population risks from ambient exposure to compounds
with direct toxicity and to increased ground-level ozone;
(iii) Ecosystem risks;
(iv) Occupational risks;
(v) Consumer risks;
(vi) Flammability; and
(vii) Cost and availability of the substitute.
(8) Communication of decision--(i) Communication of decision to the
submitter. Once the SNAP program review has been completed, the Agency
will notify the submitter in writing of the decision. Sale or
manufacture of new substitutes may commence after the initial 90-day
notification period expires even if the Agency fails to reach a decision
within the 90-day review period or fails to communicate that decision or
the need for additional data to the submitter. Sale or manufacture of
existing substitutes may continue throughout the Agency's 90-day review.
(ii) Communication of decision to the public. The Agency will
publish in the Federal Register periodic updates to the list of the
acceptable and unacceptable alternatives that have been reviewed to
date. In the case of substitutes proposed as acceptable with use
restrictions, proposed as unacceptable or proposed for removal from
either list, a rulemaking process will ensue. Upon completion of such
rulemaking, EPA will publish revised lists of substitutes acceptable
subject to use conditions or narrowed use limits and unacceptable
substitutes to be incorporated into the Code of Federal Regulations.
(See Appendices to this subpart.)
(b) Types of listing decisions. When reviewing substitutes, the
Agency will list substitutes in one of five categories:
(1) Acceptable. Where the Agency has reviewed a substitute and found
no reason to prohibit its use, it will list the alternative as
acceptable for the end-uses listed in the notice.
(2) Acceptable subject to use conditions. After reviewing a notice,
the Agency may make a determination that a substitute is acceptable only
if conditions of use are met to minimize risks to human health and the
environment. Where users intending to adopt a substitute acceptable
subject to use conditions must make reasonable efforts to ascertain that
other alternatives are not feasible due to safety, performance or
technical reasons, documentation of this assessment must be retained on
file for the purpose of demonstrating compliance. This documentation
shall include descriptions of substitutes examined and rejected,
processes or products in which the substitute is needed, reason for
rejection of other alternatives, e.g., performance, technical or safety
standards. Use of such substitutes in ways that are inconsistent with
such use conditions renders them unacceptable.
(3) Acceptable subject to narrowed use limits. Even though the
Agency can restrict the use of a substitute based on the potential for
adverse effects, it may be necessary to permit a narrowed range of use
within a sector end-use because of the lack of alternatives for
specialized applications. Users intending to adopt a substitute
acceptable with narrowed use limits must ascertain that other
alternatives are not technically feasible. Companies must document the
results of their evaluation, and retain the results on file for the
purpose of demonstrating compliance. This documentation shall include
descriptions of substitutes examined and rejected, processes or products
in which the substitute is needed, reason for rejection of other
alternatives, e.g.,
[[Page 229]]
performance, technical or safety standards, and the anticipated date
other substitutes will be available and projected time for switching to
other available substitutes. Use of such substitutes in applications and
end-uses which are not specified as acceptable in the narrowed use limit
renders them unacceptable.
(4) Unacceptable. This designation will apply to substitutes where
the Agency's review indicates that the substitute poses risk of adverse
effects to human health and the environment and that other alternatives
exist that reduce overall risk.
(5) Pending. Submissions for which the Agency has not reached a
determination will be described as pending. For all substitutes in this
category, the Agency will work with the submitter to obtain any missing
information and to determine a schedule for providing the missing
information if the Agency wishes to extend the 90-day review period. EPA
will use the authority under section 114 of the Clean Air Act to gather
this information, if necessary. In some instances, the Agency may also
explore using additional statutory provisions (e.g., section 5 of TSCA)
to collect the needed data.
(c) Joint processing under SNAP and TSCA. The Agency will coordinate
reviews of substitutes submitted for evaluation under both the TSCA PMN
program and the CAA.
(d) Joint processing under SNAP and FIFRA. The Agency will
coordinate reviews of substitutes submitted for evaluation under both
FIFRA and the CAA.
[59 FR 13147, Mar. 18, 1994, as amended at 61 FR 25592, May 22, 1996; 61
FR 54039, Oct. 16, 1996]
Sec. 82.182 Confidentiality of data.
(a) Clean Air Act provisions. Anyone submitting information must
assert a claim of confidentiality at the time of submission for any data
they wish to have treated as confidential business information (CBI)
under 40 CFR part 2, subpart B. Failure to assert a claim of
confidentiality at the time of submission may result in disclosure of
the information by the Agency without further notice to the submitter.
The submitter should also be aware that under section 114(c), emissions
data may not be claimed as confidential.
(b) Substantiation of confidentiality claims. At the time of
submission, EPA requires substantiation of any confidentiality claims
made. Failure to provide any substantiation may result in disclosure of
information without further notice by the Agency. All submissions must
include adequate substantiation in order for an acceptability
determination on a substitute to be published. Moreover, under 40 CFR
part 2, subpart B, there are further instances in which confidentiality
assertions may later be reviewed even when confidentiality claims are
initially received. The submitter will also be contacted as part of such
an evaluation process.
(c) Confidentiality provisions for toxicity data. In the event that
toxicity or health and safety studies are listed as confidential, this
information cannot be maintained as confidential where such data are
also submitted under TSCA or FIFRA, to the extent that confidential
treatment is prohibited under those statutes. However, information
contained in a toxicity study that is not health and safety data and is
not relevant to the effects of a substance on human health and the
environment (e.g., discussion of process information, proprietary
blends) can be maintained as confidential subject to 40 CFR part 2,
subpart B.
(d) Joint submissions under other statutes. Information submitted as
part of a joint submission to either SNAP/TSCA or SNAP/FIFRA must adhere
to the security provisions of the program offices implementing these
statutes. For such submissions, the SNAP handling of such notices will
follow the security provisions under these statutes.
Sec. 82.184 Petitions.
(a) Who may petition. Any person may petition the Agency to amend
existing listing decisions under the SNAP program, or to add a new
substance to any of the SNAP lists.
(b) Types of petitions. Five types of petitions exist:
(1) Petitions to add a substitute not previously reviewed under the
SNAP program to the acceptable list. This type of petition is comparable
to the
[[Page 230]]
90-day notifications, except that it would generally be initiated by
entities other than the companies that manufacture, formulate, or
otherwise use the substitute. Companies that manufacture, formulate, or
use substitutes that want to have their substitutes added to the
acceptable list should submit information on the substitute under the
90-day review program;
(2) Petitions to add a substitute not previously reviewed under the
SNAP program to the unacceptable list;
(3) Petitions to delete a substitute from the acceptable list and
add it to the unacceptable list or to delete a substitute from the
unacceptable and add it to the acceptable list;
(4) Petitions to add or delete use restrictions on an acceptability
listing.
(5) Petitions to grandfather use of a substitute listed as
unacceptable or acceptable subject to use restrictions.
(c) Content of the petition. The Agency requires that the petitioner
submit information on the type of action requested and the rationale for
the petition. Petitions in paragraphs (b)(1) and (2) of this section
must contain the information described in Sec. 82.178, which lists the
items to be submitted in a 90-day notification. For petitions that
request the re-examination of a substitute previously reviewed under the
SNAP program, the submitter must also reference the prior submittal or
existing listing. Petitions to grandfather use of an unacceptable
substitute must describe the applicability of the test to judge the
appropriateness of Agency grandfathering as established by the United
States District Court for the District of Columbia Circuit (see Sierra
Club v. EPA, 719 F.2d 436 (D.C. Cir. 1983)). This test includes whether
the new rule represents an abrupt departure from previously established
practice, the extent to which a party relied on the previous rule, the
degree of burden which application of the new rule would impose on the
party, and the statutory interest in applying the new rule immediately.
(d) Petition process. (1) Notification of affected companies. If the
petition concerns a substitute previously either approved or restricted
under the SNAP program, the Agency will contact the original submitter
of that substitute.
(2) Review for data adequacy. The Agency will review the petition
for adequacy of data. As with a 90-day notice, the Agency may suspend
review until the petitioner submits the information necessary to
evaluate the petition. To reach a timely decision on substitutes, EPA
may use collection authorities such as those contained in section 114 of
the Clean Air Act as amended, as well as information collection
provisions of other environmental statutes.
(3) Review procedures. To evaluate the petition, the Agency may
submit the petition for review to appropriate experts inside and outside
the Agency.
(4) Timing of determinations. If data are adequate, as described in
Sec. 82.180, the Agency will respond to the petition within 90 days of
receiving a complete petition. If the petition is inadequately
supported, the Agency will query the petitioner to fill any data gaps
before the 90-day review period begins, or may deny the petition because
data are inadequate.
(5) Rulemaking procedures. EPA will initiate rulemaking whenever EPA
grants a petition to add a substance to the list of unacceptable
substitutes, remove a substance from any list, or change or create an
acceptable listing by imposing or deleting use conditions or use limits.
(6) Communication of decision. The Agency will inform petitioners
within 90 days of receiving a complete petition whether their request
has been granted or denied. If a petition is denied, the Agency will
publish in the Federal Register an explanation of the determination. If
a petition is granted, the Agency will publish the revised SNAP list
incorporating the final petition decision within 6 months of reaching a
determination or in the next scheduled update, if sooner, provided any
required rulemaking has been completed within the shorter period.
[[Page 231]]
Sec. Appendix A to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
Refrigerants
Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
CFC-11 centrifugal chillers HCFC-141b............ Unacceptable............ Has a high ODP relative to
(retrofit). other alternatives.
CFC-12 centrifugal chillers HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can used
safely in this end-use.
CFC-11, CFC-12, CFC-113, CFC-114, R- HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
500 centrifugal chillers (new 12. and Class II substances,
equipment/NIKs). it has a higher ODP than
use of Class II
substances.
Hydrocabon blend A... Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
HCFC-141b............ Unacceptable............ Has a high ODP relative to
other alternatives.
CFC-12 reciprocating chillers HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12 reciprocating chillers (new HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-11, CFC-12, R-502 industrial HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
process refrigeration (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
CFC-11, CFC-12, R-502 industrial HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
process refrigeration (new 12. and Class II substances,
equipment/NIKs). it has a higher ODP than
use of Class II
substances.
CFC-12, R-502 ice skating rinks HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 ice skating rinks HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 cold storage HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
warehouses (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 cold storage HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
warehouses (new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-500, R-502 refrigerated HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
transport (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
[[Page 232]]
CFC-12, R-500, R-502 refrigerated HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
transport (new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 retail food HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
refrigeration (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 retail food HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
refrigeration (new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 commercial ice HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
machines (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 commercial ice HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
machines (new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12 vending machines (retrofit). HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12 vending machines (new HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, water coolers (retrofit)... HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, water coolers (New HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, household refrigerators HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, household refrigerators HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-502 household freezers HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
(retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
[[Page 233]]
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, 502 household freezers (new HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-500 residential HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
dehumidifiers (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, R-500 residential HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
dehumidifiers (new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, motor vehicle air HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
conditioners (retrofit). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
used safely in this end-
use.
CFC-12, motor vehicle air HCFC-22/HFC-142b/CFC- Unacceptable............ As a blend of both Class I
conditioners (new equipment/NIKs). 12. and Class II substances,
it has a higher ODP than
use of Class II
substances.
Hydrocarbon blend A.. Unacceptable............ Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be
sued safely in this end-
use.
----------------------------------------------------------------------------------------------------------------
Foams
Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
CFC-11 Polyolefin................. HCFC-141b (or blends Unacceptable.............. HCFC-141b has an ODP of
thereof). 0.11, almost equivalent
to that of methyl
chloroform, a Class I
substance. The Agency
believes that non-ODP
alternatives are
sufficiently available
to render the use of
HCFC-141b unnecessary in
polyolefin foams.
----------------------------------------------------------------------------------------------------------------
Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Electronics cleaning w/CFC-113, MCF Perfluoro-carbons Acceptable for high- The principal environmental
(C5F12, C6F12, C6F14, performance, characteristic of concern
C7F16, C8F18, precision-engineered for PFCs is that they have
C5F11NO, C6F13NO, applications only long atmospheric lifetimes
C7F15NO, and C8F16). where reasonable and high global warming
efforts have been potentials. Although
made to ascertain actual contributions to
that other global warming depend upon
alternatives are not the quantities of PFCs
technically feasible emitted, the effects are
due to performance or for practical purposes
safety requirements. irreversible.
Users must observe this
limitation on PFC
acceptability by
conducting a reasonable
evaluation of other
substitutes to determine
that PFC use is necessary
to meet performance or
safety requirements.
Documentation of this
evaluation must be kept on
file.
For additional guidance
regarding applications in
which PFCs may be
appropriate, users should
consult the Preamble for
this rulemaking.
[[Page 234]]
Precision cleaning w/CFC-113, MCF.. Perfluoro-carbons Acceptable for high- The principal environmental
(C5F12, C6F12, C6F14, performance, characteristic of concern
C7F16, C8F18, precision-engineered for PFCs is that they have
C5F11NO, C6F13NO, applications only long atmospheric lifetimes
C7F15NO, and C8F16). where reasonable and high global warming
efforts have been potentials. Although
made to ascertain actual contributions to
that other global warming depend upon
alternatives are not the quantities of PFCs
technically feasible emitted, the effects are
due to performance or for practical purposes
safety requirements. irreversible.
Users must observe this
limitation on PFC
acceptability by
conducting a reasonable
evaluation of other
substitutes to determine
that PFC use is necessary
to meet performance or
safety requirements.
Documentation of this
evaluation must be kept on
file.
For additional guidance
regarding applications in
which PFCs may be
appropriate, users should
consult the Preamble for
this rulemaking.
----------------------------------------------------------------------------------------------------------------
Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Metals cleaning w/CFC-113......... HCFC 141b and its Unacceptable.............. High ODP; other
blends. alternatives exist.
Effective date: As of 30
days after final rule
for uses in new
equipment (including
retrofits made after the
effective date); as of
January 1, 1996, for
uses in existing
equipment. EPA will
grant, if necessary,
narrowed use
acceptability listings
for CFC-113 past the
effective date of the
prohibition.
Metals cleaning w/MCF............. HCFC 141b and its Unacceptable.............. High ODP; other
blends. alternatives exist.
Effective date: As of 30
days after final rule
for uses in new
equipment (including
retrofits made after the
effective date); as of
January 1, 1996, for
uses in existing
equipment.
Electronics cleaning w/CFC-113.... HCFC 141b and its Unacceptable.............. High ODP; other
blends. alternatives exist.
Effective date: As of 30
days after final rule
for uses in new
equipment (including
retrofits made after the
effective date); as of
January 1, 1996, for
uses in existing
equipment. EPA will
grant, if necessary,
narrowed use
acceptability listings
for CFC-113 past the
effective date of the
prohibition.
Electronics cleaning w/MCF........ HCFC 141b and its Unacceptable.............. High ODP; other
blends. alternatives exist.
Effective date: As of 30
days after final rule
for uses in new
equipment (including
retrofits made after the
effective date); as of
January 1, 1996, for
uses in existing
equipment.
Precision cleaning w/CFC-113...... HCFC 141b and its Unacceptable.............. High ODP; other
blends. alternatives exist.
Effective date: As of 30
days after final rule
for uses in new
equipment (including
retrofits made after the
effective date); as of
January 1, 1996, for
uses in existing
equipment. EPA will
grant, if necessary,
narrowed use
acceptability listings
for CFC-113 past the
effective date of the
prohibition.
Precision cleaning w/MCF.......... HCFC 141b and its Unacceptable.............. High ODP; other
blends. alternatives exist.
Effective date: As of 30
days after final rule
for uses in new
equipment (including
retrofits made after the
effective date); as of
January 1, 1996, for
uses in existing
equipment.
----------------------------------------------------------------------------------------------------------------
[[Page 235]]
Fire Suppression and Explosion Protection Streaming Agents
Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Halon 1211 Streaming Agents.. [CFC Blend].......... Acceptable in ................. Use of CFCs are
nonresidential controlled under CAA
uses only. section 610 which
bans use of CFCs in
pressurized
dispensers, and
therefore are not
permitted for use in
portable fire
extinguishers. EPA
will list this agent
as proposed
unacceptable in the
next SNAP proposed
rulemaking.
Because CFCs are a
Class I substance,
production will be
phased out by
January 1, 1996.
See additional
comments 1, 2.
HBFC-22B1............ ................ Acceptable in Proper procedures
nonresidential regarding the
uses only. operation of the
extinguisher and
ventilation
following dispensing
the extinguishant is
recommended. Worker
exposure may be a
concern in small
office areas.
HBFC-22B1 is
considered an
interim substitute
for Halon 1211.
Because the HBFC-
22B1 has an ODP of
.74, production will
be phased out
(except for
essential uses) on
January 1, 1996.
This agent was
submitted to the
Agency as a
Premanufacture
Notice (PMN) and is
presently subject to
requirements
contained in a Toxic
Substance Control
Act (TSCA) Consent
Order.
See additional
comments 1, 2.
C6 F14............... Acceptable for ................. Users must observe
nonresidential the limitations on
uses where PFC acceptability by
other making reasonable
alternatives effort to undertake
are not the following
technically measures:
feasible due to (i) conduct an
performance or evaluation of
safety foreseeable
requirements:. conditions of end
use;
(ii) determine that
the physical or
chemical properties
or other technical
constraints of the
other available
agents preclude
their use; and
a. due to the ................. (iii) determine that
physical or human exposure to
chemical the other
properties of alternative
the agent, or. extinguishing agents
may approach or
result in
cardiosensitization
or other
unacceptable
toxicity effects
under normal
operating
conditions;
Documentation of such
measures must be
available for review
upon request.
b. where human ................. The principal
exposure to the environmental
extinguishing characteristic of
agent may concern for PFCs is
approach that they have high
cardiosensitiza GWPs and long
tion levels or atmospheric
result in other lifetimes. Actual
unacceptable contributions to
health effects global warming
under normal depend upon the
operating quantities of PFCs
conditions. emitted.
For additional
guidance regarding
applications in
which PFCs may be
appropriate, users
should consult the
description of
potential uses which
is included in the
preamble to this
rulemaking.
See additional
comments 1, 2.
----------------------------------------------------------------------------------------------------------------
Additional Comments:
1--Discharge testing and training should be strictly limited only to that which is essential to meet safety or
performance requirements.
2--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
[[Page 236]]
Fire Suppression and Explosion Protection Streaming Agents
Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Halon 1211 Streaming Agents....... [CFC-11]............. Unacceptable.............. This agent has been
suggested for use on
large outdoor fires for
which non-ozone
depleting alternatives
are currently used.
----------------------------------------------------------------------------------------------------------------
[59 FR 13147, Mar. 18, 1994, as amended at 67 FR 4200, Jan. 29, 2002]
Sec. Appendix B to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
Refrigerants--Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
CFC-12 Automobile Motor Vehicle HFC-134a......... Acceptable --must be used EPA is concerned that
Air Conditioning (New subject to use with unique the existence of
Equipment/NIKs only). conditions, for fittings. several substitutes
passenger cars --must be used in this end-use may
and light-duty with detailed increase the
trucks labels. likelihood of
manufactured for significant
Model Year 2020 refrigerant cross-
or earlier, and contamination and
for vehicles potential failure of
other than both air conditioning
passenger cars systems and recovery/
or light-duty recycling equipment.
trucks.
CFC-12 Automobile Motor Vehicle HCFC Blend Beta Acceptable --must be used EPA is concerned that
Air Conditioning (New (R-416A). subject to use with unique the existence of
Equipment/NIKs only). conditions, for fittings. several substitutes
passenger cars --must be used in this end-use may
and light-duty with detailed increase the
trucks labels. likelihood of
manufactured for significant
Model Year 2016 refrigerant cross-
or earlier, and contamination and
for vehicles potential failure of
other than both air conditioning
passenger cars systems and recovery/
or light-duty recycling equipment.
trucks.
CFC-12 Automobile Motor Vehicle R-401C........... Acceptable --must be used EPA is concerned that
Air Conditioning (New subject to use with unique the existence of
Equipment/NIKs only). conditions. fittings. several substitutes
--must be used in this end-use may
with detailed increase the
labels. likelihood of
significant
refrigerant cross-
contamination and
potential failure of
both air conditioning
systems and recovery/
recycling equipment.
CFC-12 Automobile Motor Vehicle HFC-134a, R-401C, Acceptable --must be used EPA is concerned that
Air Conditioning (Retrofit HCFC Blend Beta subject to use with unique the existence of
Equipment only). (R-416A). conditions. fittings. several substitutes
--must be used in this end-use may
with detailed increase the
labels. likelihood of
--all CFC-12 must significant
be removed from refrigerant cross-
the system prior contamination and
to retrofitting. potential failure of
Refer to the text both air conditioning
for a full systems and recovery/
description. recycling equipment.
No distinction is
made between
``retrofit'' and
``drop-in''
refrigerants;
retrofitting a car to
use a new refrigerant
includes all
procedures that
result in the air
conditioning system
using a new
refrigerant.
[[Page 237]]
CFC-12 Automobile Motor Vehicle R-152a as a Acceptable Engineering Additional training
Air Conditioning (New substitute for subject to use strategies and/ for service
equipment only). CFC-12. conditions. or devices shall technicians
be incorporated recommended.
into the system Manufacturers should
such that conduct and keep on
foreseeable file failure mode and
leaks into the Effect Analysis
passenger (FMEA) on the MVAC as
compartment do stated in SAE J1739.
not result in R-
152a
concentrations
of 3.7% v/v or
above in any
part of the free
space1inside the
passenger
compartment for
more than 15
seconds when the
car ignition is
on.
Manufacturers
must adhere to
all the safety
requirements
listed in the
Society of
Automotive
Engineers (SAE)
Standard J639
(adopted 2011),
including unique
fittings and a
flammable
refrigerant
warning label as
well as SAE
Standard J2773
(adopted
February 2011).
CFC-12 Automobile Motor Vehicle HFO-1234yf as a Acceptable As of June 3, Additional training
Air Conditioning (New substitute for subject to use 2022:. for service
equipment in passenger cars CFC-12. conditions. (1) HFO-1234yf technicians
and light-duty trucks only). MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS. Reg. No.
SAE J639,4 7 754-12-1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act, commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in Refrigerant containers
professional of HFO-1234yf for use
servicing, use in professional
fittings must be servicing are from 5
consistent with lbs. (2.3 L) to 50
SAE J2844.6 7 lbs. (23 L) in size.
For connections Requirements for
with small handling, storage,
refrigerant cans and transportation of
for consumer or compressed gases
professional apply to this
use, use refrigerant, such as
fittings must regulations of the
have a diameter Occupational Safety
of 0.5 inches, a and Health
thread pitch of Administration at 29
16 thread per CFR 1910.101 and the
inch, and a left Department of
thread Transportation's
direction, requirements at 49
consistent with CFR 171-179.
SAE J2844.. Requirements for
(2) Manufacturers handling, storage,
must conduct and transportation of
Failure Mode and compressed gases
Effect Analysis apply to this
(FMEA) as refrigerant, such as
provided in SAE regulations of the
J1739.5 7 Occupational Safety
Manufacturers and Health
must keep the Administration at 29
FMEA on file for CFR 1910.101 and the
at least three Department of
years from the Transportation's
date of creation. requirements at 49
CFR 171-179.
CFC-12 Motor Vehicle Air Carbon dioxide Acceptable Engineering Additional training
Conditioning (New equipment (CO2) as a subject to use strategies and/ for service
only). substitute for conditions. or mitigation technicians is
CFC-12. devices shall be recommended.
incorporated
such that in the
event of
refrigerant
leaks, the
resulting CO2
concentrations
do not exceed:
[[Page 238]]
The short term In designing risk
exposure level mitigation strategies
(STEL) of 3% or and/or devices,
30,000 ppm manufacturers should
averaged over 15 factor in background
minutes in the CO2 concentrations in
passenger free the passenger cabin
space \1\; and; potentially
The ceiling limit contributed from
of 4% or 40,000 normal respiration by
ppm in the the maximum number of
passenger vehicle occupants.
breathing
zone.\2\.
Vehicle Use of the standards
manufacturers SAE J1052, SAE J2772,
must keep and SAE J2773 is
records of the recommended as
tests performed additional reference.
for a minimum
period of three
years
demonstrating
that CO2
refrigerant
levels do not
exceed the STEL
of 3% averaged
over 15 minutes
in the passenger
free space, and
the ceiling
limit of 4% in
the breathing
zone.
The use of CO2 in Manufacturers should
MVAC systems conduct and keep on
must adhere to file Potential
the standard Failure Mode and
conditions Effects Analysis in
identified in Design [Design FMEA],
SAE Standard Potential Failure
J639 (2011 Mode and Effect
version) Analysis in
including: Manufacturing and
Installation of a Assembly Process
high pressure [Process FMEA] on the
system warning MVAC as stated in SAE
label;. J1739.
Installation of a
compressor cut-
off switch; and.
Use of unique
fittings with:.
Outside diameter
of 16.6 +0/-0.2
mm (0.6535 +0/-
0.0078 inches)
for the MVAC low-
side;.
Outside diameter
of 18.1 +0/-0.2
mm (0.7126 +0/-
0.0078 inches)
for the MVAC
high-side; and.
Outside diameter
of 20.955 +0/-
0.127 mm (0.825
+0/-0.005
inches) and
right-hand
thread direction
for CO2
refrigerant
service
containers.\3\.
[[Page 239]]
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured medium- subject to use 2022: for service
duty passenger vehicles). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS. Reg. No.
SAE J639,4 7 754-12-1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act, commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in
professional
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured heavy-duty subject to use 2022: for service
pickup trucks). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act, commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in
professional
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
[[Page 240]]
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured complete subject to use 2022: for service
heavy-duty vans only). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including HFO-1234yf is
requirements for acceptable for
a flammable complete heavy-duty
refrigerant vans. Complete heavy-
warning label, duty vans are not
high-pressure altered by a
compressor secondary or tertiary
cutoff switch manufacturer.
and pressure Consistent with EPA's
relief devices, Significant New Use
and unique Rule for HFO-1234yf
fittings. For under the Toxic
connections with Substances Control
refrigerant Act, commercial users
containers for or consumers can only
use in recharge MVAC systems
professional with HFO-1234yf where
servicing, use the original charging
fittings must be of the system with
consistent with HFO-1234yf was done
SAE J2844.6 7 by the original
For connections equipment
with small manufacturer.
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured heavy-duty subject to use 2022: for service
pickup trucks). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act, commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in
professional
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
[[Page 241]]
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured complete subject to use 2022: for service
heavy-duty vans only). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including HFO-1234yf is
requirements for acceptable for
a flammable complete heavy-duty
refrigerant vans. Complete heavy-
warning label, duty vans are not
high-pressure altered by a
compressor secondary or tertiary
cutoff switch manufacturer.
and pressure Consistent with EPA's
relief devices, Significant New Use
and unique Rule for HFO-1234yf
fittings. For under the Toxic
connections with Substances Control
refrigerant Act, commercial users
containers for or consumers can only
use in recharge MVAC systems
professional with HFO-1234yf where
servicing, use the original charging
fittings must be of the system with
consistent with HFO-1234yf was done
SAE J2844.6 7 by the original
For connections equipment
with small manufacturer.
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured nonroad subject to use 2022: for service
agricultural tractors with conditions. (1) Systems must technicians
greater than 40 horsepower). adhere to all of recommended.
the safety HFO-1234yf is also
requirements of known as 2,3,3,3-
SAE J639,4 7 tetrafluoro-prop-1-
including ene (CAS No. 754-12-
requirements for 1).
a flammable Consistent with EPA's
refrigerant Significant New Use
warning label, Rule for HFO-1234yf
high-pressure under the Toxic
compressor Substances Control
cutoff switch Act, commercial users
and pressure or consumers can only
relief devices, recharge MVAC systems
and unique with HFO-1234yf where
fittings. For the original charging
connections with of the system with
refrigerant HFO-1234yf was done
containers for by the original
use in equipment
professional manufacturer.
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
[[Page 242]]
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured nonroad subject to use 2022: for service
self-propelled agricultural conditions. (1) HFO-1234yf technicians
machinery). MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in
professional
servicing, use
fittings must be
consistent with
SAE J28446 7 For
connections with
small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured nonroad subject to use 2022: for service
compact equipment). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act (80 FR 37166,
compressor June 30, 2015),
cutoff switch commercial users or
and pressure consumers can only
relief devices, recharge MVAC systems
and unique with HFO-1234yf where
fittings. For the original charging
connections with of the system with
refrigerant HFO-1234yf was done
containers for by the original
use in equipment
professional manufacturer.
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844).
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
[[Page 243]]
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured nonroad subject to use 2022: for service
construction, forestry, and conditions. (1) HFO-1234yf technicians
mining equipment). MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act, commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in
professional
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
Motor vehicle air conditioning HFO-1234yf....... Acceptable As of June 3, Additional training
(newly manufactured nonroad subject to use 2022: for service
commercial utility vehicles). conditions. (1) HFO-1234yf technicians
MVAC systems recommended.
must adhere to HFO-1234yf is also
all of the known as 2,3,3,3-
safety tetrafluoro-prop-1-
requirements of ene (CAS No. 754-12-
SAE J639,4 7 1).
including Consistent with EPA's
requirements for Significant New Use
a flammable Rule for HFO-1234yf
refrigerant under the Toxic
warning label, Substances Control
high-pressure Act, commercial users
compressor or consumers can only
cutoff switch recharge MVAC systems
and pressure with HFO-1234yf where
relief devices, the original charging
and unique of the system with
fittings. For HFO-1234yf was done
connections with by the original
refrigerant equipment
containers for manufacturer.
use in
professional
servicing, use
fittings must be
consistent with
SAE J2844.6 7
For connections
with small
refrigerant cans
for consumer or
professional
use, use
fittings must
have a diameter
of 0.5 inches, a
thread pitch of
16 thread per
inch, and a left
thread
direction,
consistent with
SAE J2844.
(2) Manufacturers
must conduct
Failure Mode and
Effect Analysis
(FMEA) as
provided in SAE
J1739.5 7
Manufacturers
must keep the
FMEA on file for
at least three
years from the
date of creation.
----------------------------------------------------------------------------------------------------------------
\1\ Free space is defined as the space inside the passenger compartment excluding the space enclosed by the
ducting in the HVAC module.
\2\ Area inside the passenger compartment where the driver's and passengers' heads are located during a normal
sitting position. Refer to SAE J1052 for information on determining passenger head position.
[[Page 244]]
\3\ The refrigerant service containers fitting requirement applies only to refrigerant service containers used
during servicing of the MVAC, in accordance with the provisions established for MVAC servicing under 40 CFR
part 82, subpart B.
Refrigerants--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
CFC-11, CFC-12, CFC-113, CFC-114, C3 F8, C4 F10, C5 F12, Acceptable only where Users must observe the
CFC-115 Non-Mechanical Heat C5 F11 NO, C6 F14, C6 no other alternatives limitations on PFC
Transfer, New. F13 NO, C7 F16, C7 are technically acceptability by
F15 NO, C8 F18, C8 feasible due to determining that the
F16 O, and C9 F21 N. safety or performance physical or chemical
requirements. properties or other
technical constraints of
the other available agents
preclude their use.
Documentation of such
measures must be available
for review upon request.
The principal environmental
characteristic of concern
for PFCs is that they have
high GWPs and long
atmospheric lifetimes. EPA
strongly recommends
recovery and recycling of
these substitutes.
Motor vehicle air conditioning (new HFC-134a.............. Acceptable for use in Vehicle manufacturers must
equipment in passenger cars and Model Year (MY) 2021 document their
light-duty trucks only). through MY 2025 determination that the
passenger cars and infrastructure is not in
light-duty trucks place for each country to
destined for export, which they plan to export
where reasonable vehicles and must retain
efforts have been the documentation in their
made to ascertain files for at least five
that other years after date of its
alternatives are not creation for the purpose
technically feasible of demonstrating
because of lack of compliance.
infrastructure for Documentation is to include
servicing with descriptions of:
alternative Products
refrigerants in the in which the substitute is
destination country. needed;
Substitutes examined and
rejected for the
destination country;
Reason
for rejection of other
alternatives; and
Anticipated date other
substitutes will be
available and projected
date of transition in the
destination country.
----------------------------------------------------------------------------------------------------------------
Refrigerants--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
CFC-11, CFC-12, CFC-113, CFC-114, R- R-405A................ Unacceptable.......... R-405A contains R-c318, a
500 Centrifugal Chillers (Retrofit PFC, which has an
and New Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12 Reciprocating Chillers R-405A................ Unacceptable.......... R-405A contains R-c318, a
(Retrofit and New Equipment/NIKs). PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-11, CFC-12, R-502 Industrial R-403B................ Unacceptable.......... R-403B contains R-218, a
Process Refrigeration (Retrofit PFC, which has an
and New Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
R-405A................ Unacceptable.......... R-405A contains R-c318, a
PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
CFC-12, R-502 Ice Skating Rinks R-405A................ Unacceptable.......... R-405A contains R-c318, a
(Retrofit and New Equipment/NIKs). PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12, R-502 Cold Storage R-403B................ Unacceptable.......... R-403B contains R-218, a
Warehouses (Retrofit and New PFC, which has an
Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
[[Page 245]]
R-405A................ Unacceptable.......... R-405A contains R-c318, a
PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12, R-500, R-502 Refrigerated R-403B................ Unacceptable.......... R-403B contains R-218, a
Transport (Retrofit and New PFC, which has an
Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
R-405A................ Unacceptable.......... R-405A contains R-c318, a
PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12, R-502 Retail Food R-403B................ Unacceptable.......... R-403B contains R-218, a
Refrigeration (Retrofit and New PFC, which has an
Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
R-405A................ Unacceptable.......... R-405A contains R-c318, a
PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12, R-502 Commercial Ice R-403B................ Unacceptable.......... R-403B contains R-218, a
Machines (Retrofit and New PFC, which has an
Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
R-405A................ Unacceptable.......... R-405A contains R-c318, a
PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12 Vending Machines (Retrofit R-405A................ Unacceptable.......... R-405A contains R-c318, a
and New Equipment/NIKs). PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12 Water Coolers (Retrofit and R-405A................ Unacceptable.......... R-405A contains R-c318, a
New Equipment/NIKs). PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12 Household Refrigerators R-405A................ Unacceptable.......... R-405A contains R-c318, a
(Retrofit and New Equipment/NIKs). PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12, R-502 Household Freezers R-403B................ Unacceptable.......... R-403B contains R-218, a
(Retrofit and New Equipment/NIKs). PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
R-405A................ Unacceptable.......... R-405A contains R-c318, a
PFC, which has an
extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
[[Page 246]]
CFC-12, R-500 Residential R-405A................ Unacceptable.......... R-405A contains R-c318, a
Dehumidifiers (Retrofit and New PFC, which has an
Equipment/NIKs). extremely high GWP and
lifetime. Other
substitutes exist which do
not contain PFCs.
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
CFC-12 Motor Vehicle Air R-405A................ Unacceptable.......... R-405A contains R-c318, a
Conditioners (Retrofit and New PFC, which has an
Equipment/NIKs). extremely high GWP and
lifetime. Other
Substitutes exist which do
not contain PFCs.
----------------------------------------------------------------------------
Hydrocarbon Blend B... Unacceptable.......... Flammability is a serious
concern. Data have not
been submitted to
demonstrate it can be used
safely in this end-use.
----------------------------------------------------------------------------
Flammable Substitutes, Unacceptable.......... The risks associated with
other than R-152a or using flammable
HFO-1234yf in new substitutes (except R-152a
equipment. and HFO-1234yf) in this
end-use have not been
addressed by a risk
assessment. R-152a and HFO-
1234yf may be used in new
equipment with the use
conditions in appendix B
to this subpart.
Motor vehicle air conditioning (new HFC-134a.............. Unacceptable as of HFC-134a has a Chemical
equipment in passenger cars and Model Year 2021 Abstracts Service Registry
light-duty trucks only). except where allowed Number (CAS Reg. No.) of
under narrowed use 811-97-2 and it is also
limit. known by the name 1,1,1,2-
tetrafluoropropane. HFC-
134a has a GWP of 1,430.
Other substitutes will be
available for this end-use
with lower overall risk to
human health and the
environment by the status
change date.
This listing does not
prohibit the servicing or
replacement of motor
vehicle air conditioning
systems manufactured to
use HFC-134a.
Motor vehicle air conditioning (new R-406A, R-414A (HCFC Unacceptable as of These refrigerants all
equipment in passenger cars and Blend Xi, GHG-X4), R- Model Year 2017. contain HCFCs. They have
light-duty trucks only). 414B (HCFC Blend GWPs ranging from 1,080 to
Omicron), HCFC Blend 2,340 and ODPs ranging
Delta (Free Zone), from 0.008 to 0.056. Other
Freeze 12, GHG-X5, substitutes will be
HCFC Blend Lambda available for this end-use
(GHG-HP), R-416A with lower overall risk to
(FRIGC FR-12, HCFC human health and the
Blend Beta). environment by the status
change date.
Motor vehicle air conditioning (new SP34E, R-426A (RS-24, Unacceptable as of These blends have GWPs
equipment in passenger cars and new formulation). Model Year 2017. ranging from approximately
light-duty trucks only). 1,410 to 1,510. Other
substitutes will be
available for this end-use
with lower overall risk to
human health and the
environment by the status
change date.
----------------------------------------------------------------------------------------------------------------
[[Page 247]]
Solvent Cleaning Sector--Acceptable Subject to Use Conditions Substitutes
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Electronics Cleaning w/CFC-113, HCFC-225 ca/cb.... Acceptable........ Subject to the HCFC-225 ca/cb
MCF. company set blend is offered
exposure limit of as a 45%-ca/55%-
25 ppm of the -ca cb blend. The
isomer. company set
exposure limit of
the -ca isomer is
25 ppm. The
company set
exposure limit of
the -cb isomer is
250 ppm. It is
the Agency's
opinion that with
the low emission
cold cleaning and
vapor degreasing
equipment
designed for this
use, the 25 ppm
limit of the HCFC-
225 ca isomer can
be met. The
company is
submitting
further exposure
monitoring data.
Precision Cleaning w/CFC-113, HCFC-225 ca/cb.... Acceptable........ Subject to the HCFC-225 ca/cb
MCF. company set blend is offered
exposure limit of as a 45%-ca/55%-
25 ppm of the -ca cb blend. The
isomer. company set
exposure limit of
the -ca isomer is
25 ppm. The
company set
exposure limit of
the -cb isomer is
250 ppm. It is
the Agency's
opinion that with
the low emission
cold cleaning and
vapor degreasing
equipment
designed for this
use, the 25 ppm
limit of the HCFC-
225 ca isomer can
be met. The
company is
submitting
further exposure
monitoring data.
----------------------------------------------------------------------------------------------------------------
Solvent Cleaning Sector--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Metals cleaning w/CFC-113..... Dibromomethane................ Unacceptable.................. High ODP; other
alternatives
exist.
Metals cleaning w/MCF......... Dibromomethane................ Unacceptable.................. High ODP; other
alternatives
exist.
Electronics cleaning w/CFC-113 Dibromomethane................ Unacceptable.................. High ODP; other
alternatives
exist.
Electronics cleaning w/MCF.... Dibromomethane................ Unacceptable.................. High ODP; other
alternatives
exist.
Precision cleaning w/CFC-113.. Dibromomethane................ Unacceptable.................. High ODP; other
alternatives
exist.
Precision cleaning w/MCF...... Dibromomethane................ Unacceptable.................. High ODP; other
alternatives
exist.
----------------------------------------------------------------------------------------------------------------
[[Page 248]]
Fire Suppression and Explosion Protection--Acceptable Subject to Use Conditions: Total Flooding Agents
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Halon 1301 Total Flooding Inert Gas/ Acceptable as a In areas where The manufacturer's
Agents. Powdered Aerosol Halon 1301 personnel could SNAP application
Blend. substitute in possibly be requested listing for
normally present, as in a use in unoccupied
unoccupied areas. cargo area, EPA areas only.
requires that See additional comment
the employer 2.
shall provide a
pre-discharge
employee alarm
capable of being
perceived above
ambient light or
noise levels for
alerting
employees before
system
discharge. The
pre-discharge
alarm shall
provide
employees time
to safely exit
the discharge
area prior to
system discharge.
----------------------------------------------------------------------------------------------------------------
Additional Comments
1--Must conform with OSHA 29 CFR 1910 Subpart L Section 1910.160 of the U.S. Code. You should use clean agents
in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire
Extinguishing Systems.
2--Per OSHA requirements, protective gear (SCBA) must be available in the event personnel must enter/reenter the
area.
3--Discharge testing should be strictly limited only to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
Fire Suppression and Explosion Protection--Acceptable Subject to Narrowed Use Limits: Total Flooding Agents
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Total flooding................. Sulfurhexafluorid Acceptable May be used as a This agent has an
e (SF6). subject to discharge test atmospheric lifetime
narrowed use in agent in greater than 1,000
limits. military uses years, with an
and in civilian estimated 100-year,
aircraft uses 500-year, and 1,000-
only. year GWP of 16,100,
26,110 and 32,803
respectively. Users
should limit testing
only to that which is
essential to meet
safety or performance
requirements.
This agent is only
used to test new
Halon 1301 systems.
See additional
comments 1, 2, 3, 4,
5.
Total flooding................. CF3I............. Acceptable Use only in Use of this agent
subject to normally should be in
narrowed use unoccupied areas. accordance with the
limits. safety guidelines in
the latest edition of
the NFPA 2001
Standard for Clean
Agent Fire
Extinguishing
Systems.
Manufacturer has not
applied for listing
for use in normally
occupied areas.
Preliminary
cardiosensitization
data indicates that
this agent would not
be suitable for use
in normally occupied
areas.
See additional
comments 1, 2, 3, 4,
5.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Must conform with relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
Fire Suppression and Explosion Protection--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Halon 1301 Total Flooding Agents... HFC-32................ Unacceptable.......... Data indicate that HFC-32
is flammable and therefore
is not suitable as a halon
substitute.
----------------------------------------------------------------------------------------------------------------
[[Page 249]]
[60 FR 31103, June 13, 1995, as amended at 67 FR 4200, Jan. 29, 2002; 73
FR 33310, June 12, 2008; 76 FR 17519, Mar. 29, 2011; 77 FR 17350, Mar.
26, 2012; 77 FR 33330, June 6, 2012; 80 FR 42952, July 20, 2015; 81 FR
86881, Dec. 1, 2016; 87 FR 26292, May 4, 2022]
Sec. Appendix C to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the May 22, 1996
Final Rule, Effective June 21, 1996
Refrigeration and Air Conditioning Sector--Acceptable Subject to Use
Conditions
HCFC Blend Delta and Blend Zeta are acceptable subject to the
following conditions when used to retrofit a CFC-12 motor vehicle air
conditioning system:
1. Each refrigerant may only be used with a set of fittings that is
unique to that refrigerant. These fittings (male or female, as
appropriate) must be used with all containers of the refrigerant, on can
taps, on recovery, recycling, and charging equipment, and on all air
conditioning system service ports. These fittings must be designed to
mechanically prevent cross-charging with another refrigerant. A
refrigerant may only be used with the fittings and can taps specifically
intended for that refrigerant. Using an adapter or deliberately
modifying a fitting to use a different refrigerant will be a violation
of this use condition. In addition, fittings shall meet the following
criteria, derived from Society of Automotive Engineers (SAE) standards
and recommended practices:
a. When existing CFC-12 service ports are to be retrofitted,
conversion assemblies shall attach to the CFC-12 fitting with a thread
lock adhesive and/or a separate mechanical latching mechanism in a
manner that permanently prevents the assembly from being removed.
b. All conversion assemblies and new service ports must satisfy the
vibration testing requirements of sections 3.2.1 or 3.2.2 of SAE J1660,
as applicable, excluding references to SAE J639 and SAE J2064, which are
specific to HFC-134a.
c. In order to prevent discharge of refrigerant to the atmosphere,
systems shall have a device to limit compressor operation before the
pressure relief device will vent refrigerant. This requirement is waived
for systems that do not feature such a pressure relief device.
d. All CFC-12 service ports not retrofitted with conversion
assemblies shall be rendered permanently incompatible for use with CFC-
12 related service equipment by fitting with a device attached with a
thread lock adhesive and/or a separate mechanical latching mechanism in
a manner that prevents the device from being removed.
2. When a retrofit is performed, a label must be used as follows:
a. The person conducting the retrofit must apply a label to the air
conditioning system in the engine compartment that contains the
following information:
i. The name and address of the technician and the company performing
the retrofit.
ii. The date of the retrofit.
iii. The trade name, charge amount, and, when applicable, the ASHRAE
refrigerant numerical designation of the refrigerant.
iv. The type, manufacturer, and amount of lubricant used.
v. If the refrigerant is or contains an ozone-depleting substance,
the phrase ``ozone depleter.''
vi. If the refrigerant displays flammability limits as measured
according to ASTM E681, the statement ``This refrigerant is FLAMMABLE.
Take appropriate precautions.''
b. This label must be large enough to be easily read and must be
permanent.
c. The background color must be unique to the refrigerant.
d. The label must be affixed to the system over information related
to the previous refrigerant, in a location not normally replaced during
vehicle repair.
e. Information on the previous refrigerant that cannot be covered by
the new label must be permanently rendered unreadable.
3. No substitute refrigerant may be used to ``top-off'' a system
that uses another refrigerant. The original refrigerant must be
recovered in accordance with regulations issued under section 609 of the
CAA prior to charging with a substitute.
Solvent Cleaning Sector--Proposed Acceptable Subject to Use Conditions Substitutes
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Metals Cleaning with CFC-113, Monochlorotoluenes Acceptable....... Subject to a 50 The workplace
MCF and HCFC-141b. and ppm workplace standard for
benzotrifluorides. standard for monochlorotoluene
monochlorotoluene s is based on an
s and a 25 ppm OSHA PEL of 50
standard for ppm for
benzotrifluorides. orthochlorotoluen
e. The workplace
standard for
benzotrifluorides
is based on a
recent toxicology
study.
[[Page 250]]
Electronics Cleaning w/ CFC-113, Monochlorotoluenes Acceptable....... Subject to a 50 The workplace
MCF and HCFC-141b. and ppm workplace standard for
benzotrifluorides. standard for monochlorotoluene
monochlorotoluene s is based on an
s and a 25 ppm OSHA PEL of 50
standard for ppm for
benzotrifluorides. orthochlorotoluen
e. The workplace
standard for
benzotrifluorides
is based on a
recent toxicology
study.
Precision Cleaning w/ CFC-113, Monochlorotoluenes Acceptable....... Subject to a 50 The workplace
MCF and HCFC-141b. and ppm workplace standard for
benzotrifluorides. standard for monochlorotoluene
monochlorotoluene s is based on an
s and a 25 ppm OSHA PEL of 50
standard for ppm for
benzotrifluorides. orthochlorotoluen
e. The workplace
standard for
benzotrifluorides
is based on a
recent toxicology
study.
----------------------------------------------------------------------------------------------------------------
Acceptable Subject to Narrowed Use Limits: Streaming Agents
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Halon 1211........................... CF3 I................. Acceptable in non-
residential uses only.
Streaming Agents
----------------------------------------------------------------------------------------------------------------
Aerosols--Proposed Acceptable Subject to Use Conditions Substitutes
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
CFC-113, MCF and HCFC-141b as Monochlorotoluenes Acceptable....... Subject to a 50 The workplace
solvent. and benzotrifluo- ppm workplace standard for
rides. standard for monochlorotoluene
monochlorotoluene s is based on an
s and a 25 ppm OSHA PEL of 50
standard for ppm for
benzotrifluorides. orthochlorotoluen
e. The workplace
standard for
benzotrifluorides
is based on a
recent toxicology
study.
----------------------------------------------------------------------------------------------------------------
Adhesives, Coatings and Inks--Proposed Acceptable Subject to Use Conditions Substitutes
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
CFC-113, MCF and HCFC-141b...... Monochlorotoluenes Acceptable....... Subject to a 50 The workplace
and benzotrifluo- ppm workplace standard for
rides. standard for monochlorotoluene
monochlorotoluene s is based on an
s and a 25 ppm OSHA PEL of 50
standard for ppm for
benzotrifluorides. orthochlorotoluen
e. The workplace
standard for
benzotrifluorides
is based on a
recent toxicology
study.
----------------------------------------------------------------------------------------------------------------
[61 FR 25592, May 22, 1996, as amended at 67 FR 4201, Jan. 29, 2002]
Effective Date Note: At 61 FR 25592, May 22, 1996, appendix C to
subpart G of part 82 was added. This appendix contains information
collection and recordkeeping requirements that will not become effective
until approval has been given by the Office of Management and Budget.
[[Page 251]]
Sec. Appendix D to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
Summary of Decisions
Refrigeration and Air Conditioning Sector Acceptable Subject to Use
Conditions
R-406A/``GHG''/``McCool'', ``GHG-HP'', ``GHG-X4''/``Autofrost''/
``Chill-It'', and ``Hot Shot''/``Kar Kool'' are acceptable substitutes
for CFC-12 in retrofitted motor vehicle air conditioning systems (MVACs)
subject to the use condition that a retrofit to these refrigerants must
include replacing non-barrier hoses with barrier hoses.
For all refrigerants submitted for use in motor vehicle air
conditioning systems, subsequent to the effective date of this FRM, in
addition to the information previously required in the March 18, 1994
final SNAP rule (58 FR 13044), SNAP submissions must include
specifications for the fittings similar to those found in SAE J639,
samples of all fittings, and the detailed label described below at the
same time as the initial SNAP submission, or the submission will be
considered incomplete. Under section 612 of the Clean Air Act,
substitutes for which submissions are incomplete may not be sold or
used, regardless of other acceptability determinations, and the
prohibition against sale of a new refrigerant will not end until 90 days
after EPA determines the submission is complete.
In addition, the use of a) R-406A/``GHG''/``McCool'', ``HCFC Blend
Lambda''/``GHG-HP'', R-414A/``HCFC Blend Xi''/``GHG-X4/``Autofrost''/
``Chill-It'', R-414B/``Hot Shot''/``Kar Kool'', and R-416A/``HCFC Blend
Beta''/``FREEZE 12'' as CFC-12 substitutes in retrofitted MVACs, and b)
all refrigerants submitted for, and listed in, subsequent Notices of
Acceptability as substitutes for CFC-12 in MVACs, must meet the
following conditions.
1. Each refrigerant may only be used with a set of fittings that is
unique to that refrigerant. These fittings (male or female, as
appropriate) must be designed by the manufacturer of the refrigerant.
The manufacturer is responsible to ensure that the fittings meet all of
the requirements listed below, including testing according to SAE
standards. These fittings must be designed to mechanically prevent
cross-charging with another refrigerant, including CFC-12.
The fittings must be used on all containers of the refrigerant, on
can taps, on recovery, recycling, and charging equipment, and on all air
conditioning system service ports. A refrigerant may only be used with
the fittings and can taps specifically intended for that refrigerant and
designed by the manufacturer of the refrigerant. Using a refrigerant
with a fitting designed by anyone else, even if it is different from
fittings used with other refrigerants, is a violation of this use
condition. Using an adapter or deliberately modifying a fitting to use a
different refrigerant is a violation of this use condition.
Fittings shall meet the following criteria, derived from Society of
Automotive Engineers (SAE) standards and recommended practices:
a. When existing CFC-12 service ports are retrofitted, conversion
assemblies shall attach to the CFC-12 fitting with a thread lock
adhesive and/or a separate mechanical latching mechanism in a manner
that permanently prevents the assembly from being removed.
b. All conversion assemblies and new service ports must satisfy the
vibration testing requirements of section 3.2.1 or 3.2.2 of SAE J1660,
as applicable, excluding references to SAE J639 and SAE J2064, which are
specific to HFC-134a.
c. In order to prevent discharge of refrigerant to the atmosphere,
systems shall have a device to limit compressor operation before the
pressure relief device will vent refrigerant.
d. All CFC-12 service ports not retrofitted with conversion
assemblies shall be rendered permanently incompatible for use with CFC-
12 related service equipment by fitting with a device attached with a
thread lock adhesive and/or a separate mechanical latching mechanism in
a manner that prevents the device from being removed.
2. When a retrofit is performed, a label must be used as follows:
a. The person conducting the retrofit must apply a label to the air
conditioning system in the engine compartment that contains the
following information:
i. The name and address of the technician and the company performing
the retrofit.
ii. The date of the retrofit.
iii. The trade name, charge amount, and, when applicable, the ASHRAE
refrigerant numerical designation of the refrigerant.
iv. The type, manufacturer, and amount of lubricant used.
v. If the refrigerant is or contains an ozone-depleting substance,
the phrase ``ozone depleter''.
vi. If the refrigerant displays flammability limits as measured
according to ASTM E681, the statement ``This refrigerant is FLAMMABLE.
Take appropriate precautions.''
b. The label must be large enough to be easily read and must be
permanent.
c. The background color must be unique to the refrigerant.
d. The label must be affixed to the system over information related
to the previous refrigerant, in a location not normally replaced during
vehicle repair.
e. In accordance with SAE J639, testing of labels must meet ANSI/UL
969-1991.
[[Page 252]]
f. Information on the previous refrigerant that cannot be covered by
the new label must be rendered permanently unreadable.
3. No substitute refrigerant may be used to ``top-off'' a system
that uses another refrigerant. The original refrigerant must be
recovered in accordance with regulations issued under section 609 of the
CAA prior to charging with a substitute.
Solvent Cleaning Sector
[Acceptable Subject to Use Conditions Substitutes]
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Electronics Cleaning w/CFC-113 HFC-4310mee....... Acceptable........ Subject to a 200 ppm
and MCF. time-weighted
average workplace
exposure standard
and a 400 ppm
workplace exposure
ceiling.
Precision Cleaning w/CFC-113 and HFC-4310mee....... Acceptable........ Subject to a 200 ppm
MCF. time-weighted
average workplace
exposure standard
and a 400 ppm
workplace exposure
ceiling.
----------------------------------------------------------------------------------------------------------------
Solvent Sector
[Acceptable Subject to Narrowed Use Limits]
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Electronics Cleaning w/CFC-113 and Perfluoropolyethers..... Perfluoropolyethers are PFPEs have similar
MCF. acceptable substitutes global warming profile
for CFC-113 and MCF in to the PFCs, and the
the precision cleaning SNAP decision on PFPEs
sector for high parallels that for
performance, precision- PFCs.
engineered
applications only
where reasonable
efforts have been made
to ascertain that
other alternatives are
not technically
feasible due to
performance or safety
requirements.
Precision Cleaning w/CFC-113 and MCF Perfluoropolyethers..... Perfluoropolyethers are PFPEs have similar
acceptable substitutes global warming profile
for CFC-113 and MCF in to the PFCs, and the
the precision cleaning SNAP decision on PFPEs
sector for high parallels that for
performance, precision- PFCs.
engineered
applications only
where reasonable
efforts have been made
to ascertain that
other alternatives are
not technically
feasible due to
performance or safety
requirements.
----------------------------------------------------------------------------------------------------------------
Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Electronics Cleaning w/CFC-113 and HCFC-141b............. Extension of existing This determination
MCF. unacceptability extends the use date
determination to grant for HCFC-141b in
existing uses in high- solvent cleaning, but
performance electronics only for existing
permission to continue users in high-
until January 1, 1997. performance
electronics and only
for one year.
Precision Cleaning w/CFC-113 and MCF. HCFC-141b............. Extension of existing This determination
unacceptability extends the use date
determination to grant for HCFC-141b in
existing uses in solvent cleaning, but
precision cleaning only for existing
permission to continue users in precision
until January 1, 1997. cleaning and only for
one year.
----------------------------------------------------------------------------------------------------------------
Aerosols Sector
Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
CFC-113, MCF, and HCFC-141b as Perfluorocarbons........ Perfluorocarbons are PFCs have extremely
aerosol solvents. acceptable substitutes long atmospheric
for aerosol lifetimes and high
applications only Global Warming
where reasonable Potentials. This
efforts have been made decision reflects
to ascertain that these concerns and is
other alternatives are patterned after the
not technically SNAP decision on PFCs
feasible due to in the solvent
performance or safety cleaning sector.
requirements.
[[Page 253]]
Perfluoropolyethers..... Perfluorocarbons are PFPEs have similar
acceptable substitutes global warming profile
for aerosol to the PFCs, and the
applications only SNAP decision on PFPEs
where reasonable parallels that for
efforts have been made PFCs in the solvent
to ascertain that cleaning sector.
other alternatives are
not technically
feasible due to
performance or safety
requirements.
----------------------------------------------------------------------------------------------------------------
Unacceptable Substitutes
------------------------------------------------------------------------
End-use Substitute Decision Comments
------------------------------------------------------------------------
CFC-11, CFC-12, HCFC-22, and SF6....... Unacceptable. SF6 has the
HCFC-142b as aerosol highest GWP of
propellants. all industrial
gases, and
other
compressed
gases meet
user needs in
this
application
equally well.
------------------------------------------------------------------------
[61 FR 54040, Oct. 16, 1996, as amended at 80 FR 42953, July 20, 2015]
Sec. Appendix E to Subpart G of Part 82--Unacceptable Substitutes Listed
in the January 26, 1999 Final Rule, Effective January 26, 1999
Refrigeration and Air-Conditioning Sector Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
All refrigeration and air- MT-31 Unacceptable.......... Chemical contained in this blend
conditioning end uses. presents unacceptable toxicity
risk.
----------------------------------------------------------------------------------------------------------------
[64 FR 3865, Jan. 26, 1999]
Sec. Appendix F to Subpart G of Part 82--Unacceptable Substitutes Listed
in the January 26, 1999 Final Rule, Effective January 26, 1999
Refrigeration and Air-Conditioning Sector UnacceptabLe Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
All refrigeration and air- Hexafluoropropylene Unacceptable........ Presents unacceptable toxicity
conditioning end uses. (HFP) and all HFP- risk.
containing blends.
----------------------------------------------------------------------------------------------------------------
[64 FR 3868, Jan. 26, 1999]
Sec. Appendix G to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the March 3, 1999,
Final rule, Effective April 2, 1999.
Refrigerants Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
CFC-12, R-502, and HCFC-22 Household Self-Chilling Cans-Using Unacceptable.......... Unacceptably high
Refrigeration, Transport HFC-134a or HFC-152a. greenhouse gas
Refrigeration, Vending Machines, emissions from direct
Cold Storage Warehouses, and Retail release of refrigerant
Food Refrigeration, Retrofit and New. to the atmosphere.
----------------------------------------------------------------------------------------------------------------
[64 FR 10378, Mar. 3, 1999]
[[Page 254]]
Sec. Appendix H to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes, Effective May 28, 1999
CFC-12 Automobile and Non-automobile Motor Vehicle Air Conditioners,
Retrofit and New
Criteria for Uniqueness of Fittings
(a) All fittings for alternative motor vehicle refrigerants must
meet the following requirements:
(1) High-side screw-on fittings for each refrigerant must differ
from high-side screw-on fittings for all other refrigerants, including
CFC-12, and from low-side screw-on fittings for CFC-12;
(2) Low-side screw-on fittings for each refrigerant must differ from
low-side screw-on fittings for all other refrigerants, including CFC-12;
(3) High-side screw-on fittings for a given refrigerant must differ
from low-side screw-on fittings for that refrigerant, to protect against
connecting a low-pressure system to a high-pressure one;
(4) High-side quick-connect fittings for each refrigerant must
differ from high-side quick-connect fittings for all other refrigerants,
including CFC-12 (if they exist);
(5) Low-side quick-connect fittings for each refrigerant must differ
from low-side quick-connect fittings for all other refrigerants,
including CFC-12 (if they exist);
(6) High-side quick-connect fittings for a given refrigerant must
differ from low-side quick-connect fittings for that refrigerant, to
protect against connecting a low-pressure system to a high-pressure one;
(7) For each type of container, the fitting for each refrigerant
must differ from the fitting for that type of container for all other
refrigerants, including CFC-12.
(b) For screw-on fittings, ``differ'' means that either the diameter
must differ by at least \1/16\ inch or the thread direction must be
reversed (i.e. right-handed vs. left-handed). Simply changing the thread
pitch is not sufficient. For quick-connect fittings, ``differ'' means
that a person using normal force and normal tools (including wrenches)
must not be able to cross-connect fittings.
(c) The sole exception to the \1/16\ inch difference requirement is
the difference between the small can fittings for GHG-X4 and R-406A. The
GHG-X4 small can fitting uses a metric measurement, and is slightly less
than \1/16\ inch larger than the small can fitting for R-406A. EPA has
concluded that these fittings will not cross-connect, and therefore they
may be used.
Refrigeration and Air Conditioning--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
All HCFC-22 end-uses, retrofit and NARM-22............... Unacceptable.......... This blend contains HCFC-
new. 22, and it is
inappropriate to use such
a blend as a substitute
for HCFC-22. In addition,
this blend contains HFC-
23, which has an extremely
high GWP and lifetime.
Other substitutes for HCFC-
22 exist that do not
contain either HCFC-22 or
HFC-23.
----------------------------------------------------------------------------------------------------------------
Solvents Cleaning--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Metals, Electronic, and Precision Chlorobromo-methane... Unacceptable.......... Other alternatives exist
cleaning with CFC-113, methyl with zero or much lower
chloroform, and HCFC-141b. ODP.
----------------------------------------------------------------------------------------------------------------
[[Page 255]]
Fire Suppression and Explosion Protection--Acceptable Subject to Narrowed Use Limits: Total Flooding Agents
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Total flooding................... HFC-236fa Acceptable Acceptable when Use of this agent
subject to manufactured using any should be in
narrowed use process that does not accordance with
limits. convert the safety
perfluoroisobutylene guidelines in the
(PFIB) directly to HFC- latest edition of
236fa in a single step: the NFPA 2001
for use in explosion Standard for Clean
suppression and Agent Fire
explosion inertion Systems.
applications, and Users should
for use in fire observe the
suppression limitations on HFC-
applications where 236fa
other non-PFC agents or acceptability by
alternatives are not taking the
technically feasible following
due to performance or measures:
safety requirements: (i) conduct an
(a) because of their evaluation of
physical or chemical foreseeable
properties, or conditions of end-
(b) where human exposure use;
to the extinguishing (ii) determine that
agents may result in the physical or
failure to meet safety chemical
guidelines in the properties, or
latest edition of the other technical
NFPA 2001 Standard for constraints of the
Clean Agent Fire other available
Extinguishing Systems. agents preclude
their use; and
(iii) determine
that human
exposure to the
other alternative
extinguishing
agents may result
in failure to meet
safety guidelines
in the latest
edition of the
NFPA 2001 Standard
for Clean Agent
Fire Extinguishing
Systems.
........................ Documentation of
such measures
should be
available for
review upon
request.
The principal
environmental
characteristic of
concern for HFC-
236fa is its high
GWP of 9400 and
long atmospheric
lifetime of 226
years. Actual
contributions to
global warming
depend upon the
quantities
emitted.
See additional
comments 1, 2, 3,
4, 5.
Total flooding................... C3F8 Acceptable Acceptable for Use of this agent
subject to nonresidential uses should be in
narrowed use where other accordance with
limits. alternatives are not the safety
technically feasible guidelines in the
due to performance or latest edition of
safety requirements: the NFPA 2001
(a) because of their Standard for Clean
physical or chemical Agent Fire
properties, or Extinguishing
(b) where human exposure Systems.
to the extinguishing Users should
agents may result in observe the
failure to meet safety limitations on PFC
guidelines in the acceptability by
latest edition of the taking the
NFPA 2001 Standard for following
Clean Agent Fire measures:
Extinguishing Systems. (i) conduct an
evaluation of
foreseeable
conditions of end-
use;
(ii) determine that
the physical or
chemical
properties or
other technical
constraints of the
other available
agents preclude
their use; and
(iii) determine
that human
exposure to the
other alternative
extinguishing
agents may result
in failure to meet
safety guidelines
in the latest
edition of the
NFPA 2001 Standard
for Clean Agent
Fire Extinguishing
Systems.
Documentation of
such measures
should be
available for
review upon
request.
The principal
environmental
characteristic of
concern for PFCs
is that they have
high GWPs and long
atmospheric
lifetimes. Actual
contributions to
global warming
depend upon the
quantities of PFCs
emitted.
See additional
comments 1, 2, 3,
4, 5.
[[Page 256]]
Total flooding................... C4F10 Acceptable Acceptable for Use of this agent
subject to nonresidential uses should be in
narrowed use where other accordance with
limits alternatives are not the safety
technically feasible guidelines in the
due to performance or latest edition of
safety requirements: the NFPA 2001
(a) because of their Standard for Clean
physical or chemical Agent Fire
properties, or Extinguishing
(b) where human exposure Systems.
to the extinguishing Users should
agents may result in observe the
failure to meet safety limitations on PFC
guidelinesin the latest acceptability by
edition of the NFPA taking the
2001 Standard for Clean following
Agent Fire measures:
Extinguishing Systems (i) conduct an
evaluation of
foreseeable
conditions of end-
use;
(ii) determine that
the physical or
chemical
properties or
other technical
constraints of the
other available
agents preclude
their use; and
(iii) determine
that human
exposure to the
other alternative
extinguishing
agents may result
in failure to meet
safety guidelines
in the latest
edition of the
NFPA 2001 Standard
for Clean Agent
Fire Extinguishing
Systems
Documentation of
such measures
should be
available for
review upon
request.
The principal
environmental
characteristic of
concern for PFCs
is that they have
high GWPs and long
atmospheric
lifetimes. Actual
contributions to
global warming
depend upon the
quantities of PFCs
emitted.
See additional
comments 1, 2, 3,
4, 5.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform with relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[[Page 257]]
Fire Suppression and Explosion Protection--Streaming Agents--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Halon 1211..................... C6F14 Acceptable for ...................... Users should
replacement.................... nonresidential uses observe the
where other limitations on
alternatives are not PFC
technically feasible acceptability by
due to performance or taking the
safety requirements: following
(a) because of their measures: (i)
physical or chemical conduct an
properties, or (b) evaluation of
where human exposure foreseeable
to the extinguishing conditions of
agents may result in end-use; (ii)
failure to meet determine that
applicable use the physical or
conditions. chemical
properties or
other technical
constraints of
the other
available agents
preclude their
use; and (iii)
determine that
human exposure
to the other
alternative
extinguishing
agents may
result in
failure to meet
applicable use
conditions
Documentation of
such measures
should be
available for
review upon
request. The
principal
environmental
characteristic
of concern for
PFCs is that
they have high
GWPs and long
atmospheric
lifetimes.
Actual
contributions to
global warming
depend upon the
quantities of
PFCs emitted.
For additional
guidance
regarding
applications in
which PFCs may
be appropriate,
users should
consult the
description of
potential uses
which is
included in the
March 18, 1994
Final Rule (59
FR 13044.) See
comments 1, 2.
Halon 1211 replacement......... HFC-236fa Acceptable in ...................... See comments 1,
nonresidential uses 2, 3.
when manufactured
using any process
that does not convert
perfluoroisobutylene
(PFIB) directly to
HFC-236fa in a single
step
Halon 1211 replacement......... HFC-227ea Acceptable in ...................... See comments 1,
nonresidential uses 2.
only
Additional comments:
----------------------------------------------------------------------------------------------------------------
1--Discharge testing and training should be strictly limited only to that which is essential to meet safety or
performance requirements.
2--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
3--Acceptable for local application systems inside textile process machinery.
Fire Suppression and Explosion Protection--Total Flooding Agents--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Halon 1301 replacement............. Chlorobromo-methane... Unacceptable.......... Other alternatives exist
with zero or lower ODP;
OSHA regulations prohibit
its use as extinguishing
agent in fixed
extinguishing systems
where employees may be
exposed. See 29 CFR
1910.160(b)(11).
----------------------------------------------------------------------------------------------------------------
Aerosols--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Solvent in aerosols with CFC-113, Chlorobromo-methane... Unacceptable.......... Other alternatives exist
MCF, or HCFC-141b. with zero or much lower
ODP.
----------------------------------------------------------------------------------------------------------------
[[Page 258]]
Adhesives, Coatings, and Inks--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Solvent in adhesives, coatings, and Chlorobromo-methane... Unacceptable.......... Other alternatives exist
inks with CFC-113. with zero or much lower
ODP.
Solvent in adhesives, coatings, and Chlorobromo-methane... Unacceptable.......... Other alternatives exist
inks with MCF. with zero or much lower
ODP.
Solvent in adhesives, coatings and Chlorobromo-methane... Unacceptable.......... Other alternatives exist
inks with HCFC-141b. with zero or much lower
ODP.
----------------------------------------------------------------------------------------------------------------
[64 FR 22996, Apr. 28, 1999, as amended at 67 FR 4201, Jan. 29, 2002]
Appendix I to Subpart G of Part 82--Substitutes Subject to Use
Restrictions, Listed in the April 26, 2000, Final Rule, Effective May
26, 2000
Fire Suppression and Explosion Protection--Streaming Agents
[Substitutes Acceptable Subject to Narrowed Use Limits]
----------------------------------------------------------------------------------------------------------------
End Use Substitute Decision Limitations Comments
----------------------------------------------------------------------------------------------------------------
Halon 1211 Streaming HCFC Blend E....... Acceptable........ Nonresidential uses As with other
Agents. only. streaming agents, EPA
recommends that
potential risks of
combustion byproducts
be labeled on the
extinguisher (see UL
2129).
See additional
comments 1, 2.
----------------------------------------------------------------------------------------------------------------
Additional Comments:
1. Discharge testing and training should be strictly limited only to that which is essential to meet safety or
performance requirements.
2. The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
[65 FR 24392, Apr. 26, 2000, as amended at 67 FR 4202, Jan. 29, 2002]
Sec. Appendix J to Subpart G of Part 82--Substitutes listed in the
January 29, 2002 Final Rule, effective April 1, 2002
Fire Suppression and Explosion Protection Section--Total Flooding
Substitutes--Acceptable Subject to Narrowed Use Limits
------------------------------------------------------------------------
Further
End-use Substitute Decision Conditions information
------------------------------------------------------------------------
Total HFC Blend B Acceptable Acceptable in See additional
flooding. (Halotron II subject to areas that comments 1, 2,
[supreg]). narrowed use are not 3, 4, 5.
limits. normally
occupied
only.
------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910,
subpart L, Sections 1910.160 and 1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in
the event personnel should reenter the area.
3--Discharge testing should be strictly limited to that which is
essential to meet safety or performance requirements.
4--The agent should be recovered from the fire protection system in
conjunction with testing or servicing, and recycled for later use or
destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage
related to the use of personal protective equipment (e.g., respiratory
protection), fire protection, hazard communication, worker training or
any other occupational safety and health standard with respect to
halon substitutes.
Fire Suppression and Explosion Protection Sector--Total Flooding
Substitutes--Unacceptable Substitutes
------------------------------------------------------------------------
Further
End-Use Substitute Decision Information
------------------------------------------------------------------------
Halon 1301........ HBFC-22B1....... Unacceptable... HBFC-22B1 is a
Class I ozone
depleting
substance with
an ozone
depletion
potential of
0.74.
Total Flooding ................ ............... The manufacturer
Agents. of this agent
terminated
production of
this agent
January 1, 1996,
except for
critical uses,
and removed it
from the market
because it is a
fetal toxin.
------------------------------------------------------------------------
[67 FR 4202, Jan. 29, 2002, as amended at 71 FR 56367, Sept. 27, 2006]
[[Page 259]]
Sec. Appendix K to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the July 22, 2002,
Final Rule Effective August 21, 2002
Foam Blowing--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Replacements for HCFC-141b in the HCFC-22, HCFC-142b and Unacceptable Closed Alternatives exist with
following rigid polyurethane/ blends thereof. cell foam products and lower or zero-ODP.
polyisocyanurate applications:. products containing
--Boardstock......................... closed cell foams
--Appliance.......................... manufactured with
--Spray.............................. these substitutes on
or before December 1,
2017 may be used after
that date.
All foam end-uses.................... HCFC-124............... Unacceptable Closed Alternatives exist with
cell foam products and lower or zero-ODP.
products containing
closed cell foams
manufactured with this
substitute on or
before December 1,
2017 may be used after
that date.
----------------------------------------------------------------------------------------------------------------
[81 FR 86883, Dec. 1, 2016]
Sec. Appendix L to Subpart G of Part 82--Substitutes Listed in the
January 27, 2003, Final Rule, Effective March 28, 2003
Fire Suppression and Explosion Protection Sector--Total Flooding Substitutes--Acceptable Subject to Use
Conditions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Total flooding............. HFC227-BC Acceptable subject Sodium bicarbonate Use of the agent,
to use conditions. release in all HFC-227ea, should
settings should be be in accordance
targeted so that with the safety
increased pH level guidelines in the
would not latest edition of
adversely affect the NFPA 2001
exposed Standard for Clean
individuals. Users Agent Fire
should provide Extinguishing
special training Systems.
to individuals See additional
required to be in comments 1, 2, 3,
environments 4, 5.
protected by
HFC227-BC
extinguishing
systems.
Each HFC227-BC
extinguisher
should be clearly
labelled with the
potential hazards
from use and safe
handling
procedures..
----------------------------------------------------------------------------------------------------------------
Additional comments.
1--Should conform with relevant OSHA requirements, including 29 CFR part 1910, subpart L, sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[[Page 260]]
Fire Suppression and Explosion Protection Sector--Streaming Agents--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
Streaming............. C6-perfluoroketone Acceptable subject to For use only in For operations that
(FK-5-1-12MYY2). narrowed use limits. nonresidential fill canisters to
areas. be used in
streaming
applications, EPA
recommends the
following:
--Adequate
ventilation should
be in place;
--All spills should
be cleaned up
immediately in
accordance with
good industrial
hygiene practices;
and
--Training for safe
handling procedures
should be provided
to all employees
that would be
likely to handle
containers of the
agent or
extinguishing units
filled with the
agent.
See additional
comments 1, 2, 3,
4.
Streaming............. H Galden HFPEs....... Acceptable subject to For use only in For operations that
narrowed use limits. nonresidential fill canisters to
areas. be used in
streaming
applications, EPA
recommends the
following:
--Adequate
ventialtion should
be in place;
--All spills should
be cleaned up
immediately in
accordance with
good industrial
hygiene practices;
and
--Training for safe
handling procedures
should be provided
to all employees
that would be
likely to handle
containers of the
agent or
extinguishing units
filled with the
agent.
See additional
comments 1, 2, 3,
4.
----------------------------------------------------------------------------------------------------------------
Additional comments.
1--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
2--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
3--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
4--As with other streaming agents, EPA recommends that potential risks of combustion by-products be labelled on
the extinguisher (see UL 2129)
[68 FR 4010, Jan. 27, 2003]
[[Page 261]]
Sec. Appendix M to Subpart G of Part 82--Unacceptable Substitutes Listed
in the September 30, 2004 Final Rule, Effective November 29, 2004
Foam Blowing--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
All foam end-uses: HCFC-141b.............. Unacceptable Closed Alternatives exist with
--rigid polyurethane and cell foam products and lower or zero-ODP.
polyisocyanurate laminated products containing
boardstock closed cell foams
--rigid polyurethane appliance manufactured with this
--rigid polyurethane spray and substitute on or
commercial refrigeration, and before December 1,
sandwich panels 2017 may be used after
that date.
--rigid polyurethane slabstock
and other foams
--polystyrene extruded insulation
boardstock and billet.
--phenolic insulation board and
bunstock.
--flexible polyurethane..........
--polystyrene extruded sheet.....
--Except for: \1\................
--space vehicle..................
--nuclear........................
--defense........................
--research and development for
foreign customers.
----------------------------------------------------------------------------------------------------------------
\1\ Exemptions for specific applications are identified in the list of acceptable substitutes, which is
available on the SNAP Web site at: https://www.epa.gov/snap/foam-blowing-agents.
[81 FR 86883, Dec. 1, 2016]
Sec. Appendix N to Subpart G of Part 82 [Reserved]
Sec. Appendix O to Subpart G of Part 82--Substitutes Listed in the
September 27, 2006 Final Rule, Effective November 27, 2006
Fire Suppression and Explosion Protection Sector--Total Flooding Substitutes--Acceptable Subject to Use
Conditions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Total flooding................. Gelled Halocarbon/ Acceptable Use of whichever Use of this agent
Dry Chemical subject to use hydrofluorocarbo should be in
Suspension conditions. n gas (HFC-125, accordance with the
(Envirogel) with HFC-227ea, or safety guidelines in
sodium HFC-236fa) is the latest edition of
bicarbonate employed in the the NFPA 2001
additive. formulation must Standard for Clean
be in accordance Agent Fire
with all Extinguishing
requirements for Systems, for
acceptability whichever
(i.e., narrowed hydrofluorocarbon gas
use limits) of is employed, and the
that HFC under latest edition of the
EPA's SNAP NFPA 2010 standard
program. for Aerosol
Extinguishing
Systems.
Sodium bicarbonate
release in all
settings should be
targeted so that
increased blood pH
level would not
adversely affect
exposed individuals.
[[Page 262]]
Users should provide
special training,
including the
potential hazards
associated with the
use of the HFC agent
and sodium
bicarbonate, to
individuals required
to be in environments
protected by
Envirogel with sodium
bicarbonate additive
extinguishing
systems.
Each extinguisher
should be clearly
labeled with the
potential hazards
from use and safe
handling procedures.
See additional
comments 1, 2, 3, 4,
5.
Total flooding................. Phosphorous Acceptable For use only in For establishments
Tribromide subject to use aircraft engine manufacturing the
(PBr3). conditions. nacelles. agent or filling,
installing, or
servicing containers
or systems, EPA
recommends the
following:
--adequate ventilation
should be in place
and/or positive
pressure, self-
contained breathing
apparatus (SCBA)
should be worn;
--training for safe
handling
procedures should
be provided to all
employees that
would be likely to
handle containers
of the agent or
extinguishing
units filled with
the agent; and
--all spills should
be cleaned up
immediately in
accordance with
good industrial
hygiene practices.
See additional
comments 1, 2, 3,
4, 5.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[71 FR 56367, Sept. 27, 2006, as amended at 81 FR 86883, Dec. 1, 2016;
86 FR 24471, May 6, 2021]
[[Page 263]]
Sec. Appendix P to Subpart G of Part 82--Substitutes Listed in the
September 27, 2006 Final Rule, Effective November 27, 2006
Fire Suppression and Explosion Protection Sector--Total Flooding Agents--Acceptable Subject to Narrowed Use
Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Total flooding........ Gelled Halocarbon/Dry Acceptable subject to For use only in Use of this agent
Chemical Suspension narrowed use limits. normally unoccupied should be in
with any agent other areas. accordance with the
than ammonium safety guidelines
polyphosphate or in the latest
sodium bicarbonate edition of the NFPA
additive (Envirogel 2001 Standard for
with sodium Clean Agent Fire
bicarbonate Extinguishing
additive). Systems, for
whichever
hydrofluorocarbon
gas is employed.
Envirogel is listed
as a streaming
substitute under
the generic name
Gelled Halocarbon/
Dry Chemical
Suspension.
Envirogel was also
previously listed
as a total flooding
substitute under
the same generic
name.
EPA has found
Envirogel with the
ammonium
polyphosphate
additive and
Envirogel with the
sodium bicarbonate
additive to be
acceptable as total
flooding agents in
both occupied and
unoccupied areas.
See additional
comments 1, 2, 3,
4, 5
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[71 FR 56367, Sept. 27, 2006]
Sec. Appendix Q to Subpart G of Part 82--Unacceptable Substitutes Listed
in the March 28, 2007 Final Rule, Effective May 29, 2007
Foam Blowing Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Further information
----------------------------------------------------------------------------------------------------------------
--Rigid polyurethane commercial HCFC-22, HCFC-142b as Unacceptable \1\........... Alternatives exist
refrigeration. substitutes for HCFC- Closed cell foam products with lower or zero-
--Rigid polyurethane sandwich 141b. and products containing ODP.
panels. closed cell foams
--Rigid polyurethane slabstock and manufactured with these
other foams. substitutes on or before
December 1, 2017 may be
used after that date.
[[Page 264]]
--Rigid polyurethane and HCFC-22, HCFC-142b as Unacceptable \2\........... Alternatives exist
polyisocyanurate laminated substitutes for CFCs. Closed cell foam products with lower or zero-
boardstock. and products containing ODP.
--Rigid polyurethane appliance..... closed cell foams
--Rigid polyurethane spray and manufactured with these
commercial refrigeration, and substitutes on or before
sandwich panels. December 1, 2017 may be
--Rigid polyurethane slabstock and used after that date.
other foams.
--Polystyrene extruded insulation
boardstock and billet.
--Phenolic insulation board and
bunstock.
--Flexible polyurethane............
--Polystyrene extruded sheet.......
----------------------------------------------------------------------------------------------------------------
\1\ For existing users of HCFC-22 and HCFC-142b as of November 4, 2005 other than in marine applications, the
unacceptability determination is effective on March 1, 2008; for existing users of HCFC-22 and HCFC-142b as of
November 4, 2005 in marine applications, including marine flotation foam, the unacceptability determination is
effective on September 1, 2009. For an existing user of HCFC-22 or HCFC-142b that currently operates in only
one facility that it does not own, and is scheduled to transition to a non-ODS, flammable alternative to
coincide with a move to a new facility and installation of new process equipment that cannot be completed by
March 1, 2008, the unacceptability determination is effective January 1, 2010.
\2\ For existing users of HCFC-22 and HCFC-142b in polystyrene extruded insulation boardstock and billet and the
other foam end-uses, as of November 4, 2005, the unacceptability determination is effective on January 1,
2010.
[81 FR 86885, Dec. 1, 2016]
[[Page 265]]
Sec. Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011, Final Rule, Effective
February 21, 2012, in the April 10, 2015 Final Rule, Effective May 11,
2015, and in the August 8, 2018 Final Rule, Effective September 7, 2018
Substitutes That Are Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
Further
End-use Substitute Decision Use conditions information
----------------------------------------------------------------------------------------------------------------
Household refrigerators, Isobutane (R-600a) Acceptable subject As of September 7, Applicable OSHA
freezers, and combination Propane (R-290)... to use conditions. 2018:. requirements at
refrigerators and freezers (New R-441A............ These refrigerants 29 CFR part 1910
equipment only). may be used only must be followed,
in new equipment including those
designed at 29 CFR
specifically and 1910.106
clearly (flammable and
identified for combustible
the refrigerant liquids),
(i.e., none of 1910.110 (storage
these substitutes and handling of
may be used as a liquefied
conversion or petroleum gases),
``retrofit'' 1910.157
refrigerant for (portable fire
existing extinguishers),
equipment and 1910.1000
designed for a (toxic and
different hazardous
refrigerant). substances).
These refrigerants Proper ventilation
may be used only should be
in a refrigerator maintained at all
or freezer, or times during the
combination manufacture and
refrigerator and storage of
freezer, that equipment
meets all containing
requirements hydrocarbon
listed in the 2nd refrigerants
edition of the through adherence
Underwriters to good
Laboratories (UL) manufacturing
Standard for practices as per
Safety: Household 29 CFR 1910.106.
and Similar If refrigerant
Electrical levels in the air
Appliances--Safet surrounding the
y--Part 2-24: equipment rise
Particular above one-fourth
Requirements for of the lower
Refrigerating flammability
Appliances, Ice- limit, the space
Cream Appliances should be
and Ice-Makers, evacuated and re-
UL 60335-2-24, entry should
dated April 28, occur only after
2017. the space has
been properly
ventilated.
Technicians and
equipment
manufacturers
should wear
appropriate
personal
protective
equipment,
including
chemical goggles
and protective
gloves, when
handling these
refrigerants.
Special care
should be taken
to avoid contact
with the skin
since these
refrigerants,
like many
refrigerants, can
cause freeze
burns on the
skin.
A Class B dry
powder type fire
extinguisher
should be kept
nearby.
Technicians should
only use spark-
proof tools when
working on
refrigerators and
freezers with
these
refrigerants.
Any recovery
equipment used
should be
designed for
flammable
refrigerants.
Any refrigerant
releases should
be in a well-
ventilated area,
such as outside
of a building.
Only technicians
specifically
trained in
handling
flammable
refrigerants
should service
refrigerators and
freezers
containing these
refrigerants.
Technicians
should gain an
understanding of
minimizing the
risk of fire and
the steps to use
flammable
refrigerants
safely.
[[Page 266]]
Retail food refrigerators and Isobutane (R-600a) Acceptable subject As provided in Room occupants
freezers (stand-alone units Propane (R-290)... to use conditions. clauses SB6.1.2 should evacuate
only). R-441A............ to SB6.1.5 of UL the space
(New equipment only)............ Standard 471, immediately
10th edition, the following the
following accidental
markings must be release of this
attached at the refrigerant.
locations If a service port
provided and must is added then
be permanent: retail food
(a) On or near any refrigerators and
evaporators that freezers using
can be contacted these
by the consumer: refrigerants
``DANGER--Risk of should have
Fire or service aperture
Explosion. fittings that
Flammable differ from
Refrigerant Used. fittings used in
Do Not Use equipment or
Mechanical containers using
Devices To non-flammable
Defrost refrigerant.
Refrigerator. Do ``Differ'' means
Not Puncture that either the
Refrigerant diameter differs
Tubing.''. by at least 1/16
(b) Near the inch or the
machine thread direction
compartment: is reversed
``DANGER--Risk of (i.e., right-
Fire or handed vs. left-
Explosion. handed). These
Flammable different
Refrigerant Used. fittings should
To Be Repaired be permanently
Only By Trained affixed to the
Service unit at the point
Personnel. Do Not of service and
Puncture maintained until
Refrigerant the end-of-life
Tubing.''. of the unit, and
(c) Near the should not be
machine accessed with an
compartment: adaptor.
``CAUTION--Risk
of Fire or
Explosion.
Flammable
Refrigerant Used.
Consult Repair
Manual/Owner's
Guide Before
Attempting To
Service This
Product. All
Safety
Precautions Must
be Followed.''.
(d) On the
exterior of the
refrigerator:
``CAUTION--Risk
of Fire or
Explosion.
Dispose of
Properly In
Accordance With
Federal Or Local
Regulations.
Flammable
Refrigerant
Used.''.
(e) Near any and
all exposed
refrigerant
tubing:
``CAUTION--Risk
of Fire or
Explosion Due To
Puncture Of
Refrigerant
Tubing; Follow
Handling
Instructions
Carefully.
Flammable
Refrigerant
Used.''.
All of these
markings must be
in letters no
less than 6.4 mm
(1/4 inch) high.
The refrigerator
or freezer must
have red,
Pantone[supreg]
Matching System
(PMS) 185 marked
pipes, hoses, and
other devices
through which the
refrigerant is
serviced,
typically known
as the service
port, to indicate
the use of a
flammable
refrigerant. This
color must be
present at all
service ports and
where service
puncturing or
otherwise
creating an
opening from the
refrigerant
circuit to the
atmosphere might
be expected
(e.g., process
tubes). The color
mark must extend
at least 2.5
centimeters (1
inch) from the
compressor and
must be replaced
if removed.
[[Page 267]]
Very low temperature Ethane (R-170).... Acceptable subject This refrigerant Applicable OSHA
refrigeration. to use conditions. may be used only requirements at
Non-mechanical heat transfer.... in new equipment 29 CFR part 1910
(New equipment only)............ specifically must be followed,
designed and including those
clearly at 29 CFR 1910.94
identified for (ventilation) and
the refrigerant 1910.106
(i.e., the (flammable and
substitute may combustible
not be used as a liquids),
conversion or 1910.110 (storage
``retrofit'' and handling of
refrigerant for liquefied
existing petroleum gases),
equipment 1910.157
designed for (portable fire
other extinguishers),
refrigerants). and 1910.1000
This refrigerant (toxic and
may only be used hazardous
in equipment that substances).
meets all Proper ventilation
requirements in should be
Supplement SB to maintained at all
the 10th edition times during the
of the manufacture and
Underwriters storage of
Laboratories (UL) equipment
Standard for containing
Commercial hydrocarbon
Refrigerators and refrigerants
Freezers, UL 471, through adherence
dated November to good
24, 2010. In manufacturing
cases where the practices as per
final rule 29 CFR 1910.106.
includes If refrigerant
requirements more levels in the air
stringent than surrounding the
those of the 10th equipment rise
edition of UL above one-fourth
471, the of the lower
appliance must flammability
meet the limit, the space
requirements of should be
the final rule in evacuated and re-
place of the entry should
requirements in occur only after
the UL Standard. the space has
The charge size been properly
for the equipment ventilated.
must not exceed Technicians and
150 g (5.29 oz) equipment
in each circuit. manufacturers
should wear
appropriate
personal
protective
equipment,
including
chemical goggles
and protective
gloves, when
handling ethane.
Special care
should be taken
to avoid contact
with the skin
since ethane,
like many
refrigerants, can
cause freeze
burns on the
skin.
A Class B dry
powder type fire
extinguisher
should be kept
nearby.
Technicians should
only use spark-
proof tools when
working on
equipment with
flammable
refrigerants.
Any recovery
equipment used
should be
designed for
flammable
refrigerants.
Any refrigerant
releases should
be in a well-
ventilated area,
such as outside
of a building.
Only technicians
specifically
trained in
handling
flammable
refrigerants
should service
equipment
containing
ethane.
Technicians
should gain an
understanding of
minimizing the
risk of fire and
the steps to use
flammable
refrigerants
safely.
[[Page 268]]
Very low temperature Ethane (R-170).... Acceptable subject As provided in Room occupants
refrigeration. to use conditions. clauses SB6.1.2 should evacuate
Non-mechanical heat transfer.... to SB6.1.5 of UL the space
(New equipment only)............ Standard 471, immediately
10th edition, the following the
following accidental
markings must be release of this
attached at the refrigerant.
locations If a service port
provided and must is added then
be permanent: refrigeration
(a) On or near any equipment using
evaporators that this refrigerant
can be contacted should have
by the consumer: service aperture
``DANGER--Risk of fittings that
Fire or differ from
Explosion. fittings used in
Flammable equipment or
Refrigerant Used. containers using
Do Not Use non-flammable
Mechanical refrigerant.
Devices To ``Differ'' means
Defrost that either the
Refrigerator. Do diameter differs
Not Puncture by at least 1/16
Refrigerant inch or the
Tubing.''. thread direction
(b) Near the is reversed
machine (i.e., right-
compartment: handed vs. left-
``DANGER--Risk of handed). These
Fire or different
Explosion. fittings should
Flammable be permanently
Refrigerant Used. affixed to the
To Be Repaired unit at the point
Only By Trained of service and
Service maintained until
Personnel. Do Not the end-of-life
Puncture of the unit, and
Refrigerant should not be
Tubing.''. accessed with an
(c) Near the adaptor.
machine Example of non-
compartment: mechanical heat
``CAUTION--Risk transfer using
of Fire or this refrigerant
Explosion. would be use in a
Flammable secondary loop of
Refrigerant Used. a thermosiphon.
Consult Repair
Manual/Owner's
Guide Before
Attempting To
Service This
Product. All
Safety
Precautions Must
be Followed.''.
(d) On the
exterior of the
refrigerator:
``CAUTION--Risk
of Fire or
Explosion.
Dispose of
Properly In
Accordance With
Federal Or Local
Regulations.
Flammable
Refrigerant
Used.''.
(e) Near any and
all exposed
refrigerant
tubing:
``CAUTION--Risk
of Fire or
Explosion Due To
Puncture Of
Refrigerant
Tubing; Follow
Handling
Instructions
Carefully.
Flammable
Refrigerant
Used.''.
All of these
markings must be
in letters no
less than 6.4 mm
(1/4 inch) high.
The refrigeration
equipment must
have red,
Pantone[supreg]
Matching System
(PMS) 185 marked
pipes, hoses, and
other devices
through which the
refrigerant is
serviced,
typically known
as the service
port, to indicate
the use of a
flammable
refrigerant. This
color must be
present at all
service ports and
where service
puncturing or
otherwise
creating an
opening from the
refrigerant
circuit to the
atmosphere might
be expected
(e.g., process
tubes). The color
mark must extend
at least 2.5
centimeters (1
inch) from the
compressor and
must be replaced
if removed.
[[Page 269]]
Vending Machines................ Isobutane (R-600a) Acceptable subject These refrigerants Applicable OSHA
(New equipment only)............ Propane (R-290)... to use conditions. may be used only requirements at
R-441A............ in new equipment 29 part 1910 must
specifically be followed,
designed and including those
clearly at 29 CFR 1910.94
identified for (ventilation) and
the refrigerants 1910.106
(i.e., none of (flammable and
these substitutes combustible
may be used as a liquids),
conversion or 1910.110 (storage
``retrofit'' and handling of
refrigerant for liquefied
existing petroleum gases),
equipment 1910.157
designed for (portable fire
other extinguishers),
refrigerants). and 1910.1000
Detaching and (toxic and
replacing the old hazardous
refrigeration substances).
circuit from the Proper ventilation
outer casing of should be
the equipment maintained at all
with a new one times during the
containing a new manufacture and
evaporator, storage of
condenser, and equipment
refrigerant containing
tubing within the hydrocarbon
old casing is refrigerants
considered through adherence
``new'' equipment to good
and not a manufacturing
retrofit of the practices as per
old, existing 29 CFR 1910.106.
equipment. If refrigerant
These substitutes levels in the air
may only be used surrounding the
in equipment that equipment rise
meets all above one-fourth
requirements in of the lower
Supplement SA to flammability
the 7th edition limit, the space
of the should be
Underwriters evacuated and re-
Laboratories (UL) entry should
Standard for occur only after
Refrigerated the space has
Vending Machines, been properly
UL 541, dated ventilated.
December, 2011. Technicians and
In cases where equipment
the final rule manufacturers
includes should wear
requirements more appropriate
stringent than personal
those of the 7th protective
edition of UL equipment,
541, the including
appliance must chemical goggles
meet the and protective
requirements of gloves, when
the final rule in handling these
place of the refrigerants.
requirements in Special care
the UL Standard. should be taken
The charge size to avoid contact
for vending with the skin
machines must not since these
exceed 150 g refrigerants,
(5.29 oz) in each like many
circuit. refrigerants, can
cause freeze
burns on the
skin.
A Class B dry
powder type fire
extinguisher
should be kept
nearby.
Technicians should
only use spark-
proof tools when
working on
refrigeration
equipment with
flammable
refrigerants.
Any recovery
equipment used
should be
designed for
flammable
refrigerants.
Any refrigerant
releases should
be in a well-
ventilated area,
such as outside
of a building.
Only technicians
specifically
trained in
handling
flammable
refrigerants
should service
refrigeration
equipment
containing these
refrigerants.
Technicians
should gain an
understanding of
minimizing the
risk of fire and
the steps to use
flammable
refrigerants
safely.
[[Page 270]]
Vending Machines................ Isobutane (R-600a) Acceptable subject As provided in Room occupants
(New equipment only)............ Propane (R-290)... to use conditions. clauses SA6.1.2 should evacuate
R-441A............ to SA6.1.5 of UL the space
Standard 541, 7th immediately
edition, the following the
following accidental
markings must be release of this
attached at the refrigerant.
locations If a service port
provided and must is added then
be permanent: refrigeration
(a) On or near any equipment using
evaporators that this refrigerant
can be contacted should have
by the consumer: service aperture
``DANGER--Risk of fittings that
Fire or differ from
Explosion. fittings used in
Flammable equipment or
Refrigerant Used. containers using
Do Not Use non-flammable
Mechanical refrigerant.
Devices To ``Differ'' means
Defrost that either the
Refrigerator. Do diameter differs
Not Puncture by at least 1/16
Refrigerant inch or the
Tubing.''. thread direction
(b) Near the is reversed
machine (i.e., right-
compartment: handed vs. left-
``DANGER--Risk of handed). These
Fire or different
Explosion. fittings should
Flammable be permanently
Refrigerant Used. affixed to the
To Be Repaired unit at the point
Only By Trained of service and
Service maintained until
Personnel. Do Not the end-of-life
Puncture of the unit, and
Refrigerant should not be
Tubing.''. accessed with an
(c) Near the adaptor.
machine
compartment:
``CAUTION--Risk
of Fire or
Explosion.
Flammable
Refrigerant Used.
Consult Repair
Manual/Owner's
Guide Before
Attempting To
Service This
Product. All
Safety
Precautions Must
be Followed.''.
(d) On the
exterior of the
refrigerator:
``CAUTION--Risk
of Fire or
Explosion.
Dispose of
Properly In
Accordance With
Federal Or Local
Regulations.
Flammable
Refrigerant
Used.''.
(e) Near any and
all exposed
refrigerant
tubing:
``CAUTION--Risk
of Fire or
Explosion Due To
Puncture Of
Refrigerant
Tubing; Follow
Handling
Instructions
Carefully.
Flammable
Refrigerant
Used.''.
All of these
markings must be
in letters no
less than 6.4 mm
(1/4 inch) high.
The refrigeration
equipment must
have red,
Pantone[supreg]
Matching System
(PMS) 185 marked
pipes, hoses, and
other devices
through which the
refrigerant is
serviced,
typically known
as the service
port, to indicate
the use of a
flammable
refrigerant. This
color must be
present at all
service ports and
where service
puncturing or
otherwise
creating an
opening from the
refrigerant
circuit to the
atmosphere might
be expected
(e.g., process
tubes). The color
mark must extend
at least 2.5
centimeters (1
inch) from the
compressor and
must be replaced
if removed.
[[Page 271]]
Residential and light-commercial HFC-32............ Acceptable subject These refrigerants Applicable OSHA
air conditioning and heat Propane (R-290)... to use conditions. may be used only requirements at
pumps--self-contained room air R-441A............ in new equipment 29 CFR part 1910
conditioners only. specifically must be followed,
(New equipment only)............ designed and including those
clearly at 29 CFR 1910.94
identified for (ventilation) and
the refrigerants 1910.106
(i.e., none of (flammable and
these substitutes combustible
may be used as a liquids),
conversion or 1910.110 (storage
``retrofit'' and handling of
refrigerant for liquefied
existing petroleum gases),
equipment 1910.157
designed for (portable fire
other extinguishers),
refrigerants) and 1910.1000
These refrigerants (toxic and
may only be used hazardous
in equipment that substances).
meets all Proper ventilation
requirements in should be
Supplement SA and maintained at all
Appendices B times during the
through F of the manufacture and
8th edition of storage of
the Underwriters equipment
Laboratories (UL) containing
Standard for Room hydrocarbon
Air Conditioners, refrigerants
UL 484, dated through adherence
August 3, 2012. to good
In cases where manufacturing
the final rule practices as per
includes 29 CFR 1910.106.
requirements more If refrigerant
stringent than levels in the air
those of the 8th surrounding the
edition of UL equipment rise
484, the above one-fourth
appliance must of the lower
meet the flammability
requirements of limit, the space
the final rule in should be
place of the evacuated and re-
requirements in entry should
the UL Standard. occur only after
The charge size the space has
for the entire been properly
air conditioner ventilated.
must not exceed Technicians and
the maximum equipment
refrigerant mass manufacturers
determined should wear
according to appropriate
Appendix F of UL personal
484, 8th edition protective
for the room size equipment,
where the air including
conditioner is chemical goggles
used. The charge and protective
size for these gloves, when
three handling these
refrigerants must refrigerants.
in no case exceed Special care
7,960 g (280.8 oz should be taken
or 17.55 lb) of to avoid contact
HFC-32; 1,000 g with the skin
(35.3 oz or 2.21 since these
lbs) of propane; refrigerants,
or 1,000 g (35.3 like many
oz or 2.21 lb) of refrigerants, can
R-441A. For cause freeze
portable air burns on the
conditioners, the skin.
charge size must A Class B dry
in no case exceed powder type fire
2,450 g (80.0 oz extinguisher
or 5.0 lb) of HFC- should be kept
32; 300 g (10.6 nearby.
oz or 0.66 lbs) Technicians should
of propane; or only use spark-
330 g (11.6 oz or proof tools when
0.72 lb) of R- working on air
441A. The conditioning
manufacturer must equipment with
design a charge flammable
size for the refrigerants.
entire air Any recovery
conditioner that equipment used
does not exceed should be
the amount designed for
specified for the flammable
unit's cooling refrigerants.
capacity, as Any refrigerant
specified in releases should
Table A, B, C, D, be in a well-
or E of this ventilated area,
Appendix. such as outside
of a building.
Only technicians
specifically
trained in
handling
flammable
refrigerants
should service
refrigeration
equipment
containing these
refrigerants.
Technicians
should gain an
understanding of
minimizing the
risk of fire and
the steps to use
flammable
refrigerants
safely.
[[Page 272]]
Residential and light-commercial HFC-32............ Acceptable subject As provided in Room occupants
air conditioning and heat Propane (R-290)... to use conditions. clauses SA6.1.2 should evacuate
pumps--self-contained room air R-441A............ to SA6.1.5 of UL the space
conditioners only. 484, 8th edition, immediately
(New equipment only)............ the following following the
markings must be accidental
attached at the release of this
locations refrigerant.
provided and must If a service port
be permanent:. is added then air
(a) On the outside conditioning
of the air equipment using
conditioner: this refrigerant
``DANGER--Risk of should have
Fire or service aperture
Explosion. fittings that
Flammable differ from
Refrigerant Used. fittings used in
To Be Repaired equipment or
Only By Trained containers using
Service non-flammable
Personnel. Do Not refrigerant.
Puncture ``Differ'' means
Refrigerant that either the
Tubing.''. diameter differs
(b) On the outside by at least 1/16
of the air inch or the
conditioner: thread direction
``CAUTION--Risk is reversed
of Fire or (i.e., right-
Explosion. handed vs. left-
Dispose of handed). These
Properly In different
Accordance With fittings should
Federal Or Local be permanently
Regulations. affixed to the
Flammable unit at the point
Refrigerant of service and
Used.''. maintained until
(c) On the inside the end-of-life
of the air of the unit, and
conditioner near should not be
the compressor: accessed with an
``CAUTION--Risk adaptor.
of Fire or Air conditioning
Explosion. equipment in this
Flammable category
Refrigerant Used. includes:
Consult Repair Window air
Manual/Owner's conditioning
Guide Before units.
Attempting To Portable room air
Service This conditioners.
Product. All Packaged terminal
Safety air conditioners
Precautions Must and heat pumps.
be Followed.''.
(d) On the outside
of each portable
air conditioner:
``WARNING:
Appliance hall be
installed,
operated and
stored in a room
with a floor area
larger the ``X''
m\2\ (Y ft\2\).''
The value ``X''
on the label must
be determined
using the minimum
room size in m\2\
calculated using
Appendix F of UL
484, 8th edition.
For R-441A, use a
lower
flammability
limit of 0.041 kg/
m\3\ in
calculations in
Appendix F of UL
484, 8th edition.
All of these
markings must be
in letters no
less than 6.4 mm
(1/4 inch) high.
The air
conditioning
equipment must
have red,
Pantone[supreg]
Matching System
(PMS) 185 marked
pipes, hoses, and
other devices
through which the
refrigerant is
serviced,
typically known
as the service
port, to indicate
the use of a
flammable
refrigerant. This
color must be
present at all
service ports and
where service
puncturing or
otherwise
creating an
opening from the
refrigerant
circuit to the
atmosphere might
be expected
(e.g., process
tubes). The color
mark must extend
at least 2.5
centimeters (1
inch) from the
compressor and
must be replaced
if removed.
----------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories
Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the
regulations in part 82:
1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators
and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc.
November 24, 2010.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a
Flammable Refrigerant in the Refrigerating System and Appendices B through F. December 21, 2007, with changes
through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders
Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011.
4. UL Standard 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--
Safety--Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers,
Second edition, dated April 28, 2017.
The Director of the Federal Register approves the incorporation by
reference of the material under ``Use Conditions'' in the table
``SUBSTITUTES THAT ARE ACCEPTABLE
[[Page 273]]
SUBJECT TO USE CONDITIONS'' (5 U.S.C. 552(a) and 1 CFR part 51). Copies
of UL Standards 471, 484, 541, and 60335-2-24, may be purchased by mail
at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; Telephone: 1-888-853-3503 in the U.S. or
Canada (other countries dial 1-415-352-2178); internet address: http://
www.shopulstandards.com/Catalog.aspx.
You may inspect a copy at U.S. EPA's Air Docket; EPA West Building,
Room 3334; 1301 Constitution Ave. NW, Washington, DC or at the National
Archives and Records Administration (NARA). For questions regarding
access to these standards, the telephone number of EPA'S Air Docket is
202-566-1742. For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.
[[Page 274]]
[GRAPHIC] [TIFF OMITTED] TR10AP15.002
[[Page 275]]
[GRAPHIC] [TIFF OMITTED] TR10AP15.003
[80 FR 19491, Apr. 10, 2015, as amended at 83 FR 38975, Aug. 8, 2018]
Sec. Appendix S to Subpart G of Part 82--Substitutes Listed in the
September 19, 2012 Final Rule, Effective December 18, 2012.
[[Page 276]]
Fire Suppression and Explosion Protection Sector--Acceptable Subject To Use Conditions
----------------------------------------------------------------------------------------------------------------
Further
End-Use Substitute Decision Conditions information
----------------------------------------------------------------------------------------------------------------
Total Flooding.................. Powdered Aerosol F Acceptable subject For use only in Use of this agent
(KSA[supreg]) as to use conditions. normally should be in
a substitute for unoccupied areas. accordance with
Halon 1301. the safety
guidelines in the
latest edition of
the NFPA 2010
standard for
Aerosol
Extinguishing
Systems.
For establishments
filling,
installing,
servicing, using,
or disposing of
containers or
systems to be
used in total
flooding
applications, EPA
recommends the
following:
--appropriate
protective
clothing (e.g.,
goggles,
particulate
removing
respirators, and
gloves) should be
worn during the
installation and
maintenance of
the extinguishing
units filled with
the agent or
during clean up
and disposal of
this agent;
--training should
be provided to
all employees
that would be
likely to handle
containers of the
agent or
extinguishing
units filled with
the agent,
required to clean
up after
discharge or
required to work
near spaces
protected by
Powdered Aerosol
F.
Releases in all
settings should
be limited to an
appropriate
design
concentration for
the protected
space so that
increased blood
pH level would
not adversely
affect exposed
individuals.
Exposed
individuals
should be given
an electrolyte
solution to drink
afterwards to
restore the pH
within the
appropriate
range.
Each extinguisher
should be clearly
labeled with the
potential hazards
from use and safe
handling
procedures.
In the case of an
accidental spill,
the area should
be well-
ventilated, and
workers should
wear protective
equipment while
following good
industrial
hygiene practices
for clean-up and
disposal.
See additional
comments 1, 2, 3,
4.
[[Page 277]]
Total Flooding.................. Powdered Aerosol G Acceptable subject For use only in Use of this agent
(Dry Sprinkler to use conditions. normally should be in
Powdered Aerosol unoccupied areas. accordance with
(DSPA) Fixed the safety
Generators) as a guidelines in the
substitute for latest edition of
Halon 1301. the NFPA 2010
standard for
Aerosol
Extinguishing
Systems.
For establishments
filling,
installing,
servicing, using
or disposing of
generator units
or systems in
total flooding
applications, EPA
recommends the
appropriate
protective
clothing (e.g.,
goggles,
particulate
removing
respirators, and
gloves) should be
worn during the
installation and
maintenance of
the extinguishing
units filled with
the agent or
during clean up
and disposal of
this agent.
Powdered Aerosol G
should be
collected by hand
(e.g., with a
dustpan and
duster or a
vacuum cleaner);
waste should be
collected in
suitable drums
for disposal and
the area should
be washed clean
with sufficient
quantities of
water; and
training should
be provided to
all employees
that would be
likely to handle
the agent or
generator units
filled containing
the agent,
required to clean
up after
discharge or
required to work
near spaces
protected by
Powdered Aerosol
G fixed generator
total flooding
systems.
In accordance with
Department of
Health and Human
Services
regulations (42
CFR Part 84),
safety glasses
and a NIOSH/CDC-
approved N99
respirator are
required for
individuals
installing
Powdered Aerosol
G fixed systems.
Each generator
unit should be
clearly labeled
with the
potential hazards
from use and safe
handling
procedures.
In the case of an
accidental
discharge, the
area should be
well-ventilated,
and workers
should wear
protective
equipment while
following good
industrial
hygiene practices
for clean-up and
disposal.
See additional
comments 1, 2, 3,
4.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
4--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[77 FR 58043, Sept. 19, 2012]
[[Page 278]]
Appendix T to Subpart G of Part 82--Substitutes listed in the April 29,
2013 Final Rule, effective May 29, 2013.
Fire Suppression and Explosion Protection Sector--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
Further
End-use Substitute Decision Conditions Information
----------------------------------------------------------------------------------------------------------------
Streaming....................... C7 Fluoro-ketone Acceptable subject For use only in Use of this agent
as a substitute to narrowed use non-residential should be in
for Halon 1211. limits. applications. accordance with
the latest
edition of NFPA
Standard 10 for
Portable Fire
Extinguishers.
For operations
that fill
canisters to be
used in streaming
applications, EPA
recommends the
following:
--Adequate
ventilation
should be in
place;
--All spills
should be cleaned
up immediately in
accordance with
good industrial
hygiene
practices; and
--Training for
safe handling
procedures should
be provided to
all employees
that would be
likely to handle
containers of the
agent or
extinguishing
units filled with
the agent.
See additional
comments 1, 2, 3,
4.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
4--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[78 FR 25002, Apr. 29, 2013]
Sec. Appendix U to Subpart G of Part 82--Unacceptable Substitutes and
Substitutes Subject to Use Restrictions Listed in the July 20, 2015
Final Rule, Effective August 19, 2015
Aerosols--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Further information
----------------------------------------------------------------------------------------------------------------
Propellants................. HFC-125.................. Unacceptable as of HFC-125 has a Chemical
January 1, 2016. Abstracts Service Registry
Number (CAS Reg. No.) of 354-
33-6 and it is also known by
the name 1,1,1,2,2-
pentafluoropropane. HFC-125
has a GWP of 3,500. Other
substitutes will be
available for this end-use
with lower overall risk to
human health and the
environment by the status
change date.
Products using this
propellant that are
manufactured prior to
January 1, 2016 may be sold,
imported, exported,
distributed and used after
that date.
Propellants................. HFC-134a................. Unacceptable as of July HFC-134a has a Chemical
20, 2016, except uses Abstracts Service Registry
listed as acceptable, Number (CAS Reg. No.) of 811-
subject to use 97-2 and it is also known by
conditions. the name 1,1,1,2-
tetrafluoropropane. HFC-134a
has a GWP of 1,430. Other
substitutes will be
available for this end-use
with lower overall risk to
human health and the
environment by the status
change date.
Products using this
propellant that are
manufactured prior to July
20, 2016 may be sold,
imported, exported,
distributed and used after
that date.
[[Page 279]]
Propellants................. HFC-227ea and blends of Unacceptable as of July HFC-227ea has a Chemical
HFC-134a and HFC-227ea. 20, 2016, except uses Abstracts Service Registry
listed as acceptable, Number (CAS Reg. No.) of 431-
subject to use 89-0 and it is also known by
conditions. the name 1,1,1,2,3,3,3-
heptafluoropropane. HFC-134a
has a Chemical Abstracts
Service Registry Number (CAS
Reg. No.) of 811-97-2 and it
is also known by the name
1,1,1,2-tetrafluoropropane.
HFC-227ea and HFC-134a have
GWPs of 3,220 and 1,430,
respectively. Other
substitutes will be
available for this end-use
with lower overall risk to
human health and the
environment by the status
change date.
Products using these
propellants that are
manufactured prior to July
20, 2016 may be sold,
imported, exported,
distributed and used after
that date.
Propellants................. HCFC-22 and HCFC-142b.... Unacceptable effective Use or introduction into
September 18, 2015. interstate commerce of
virgin HCFC-22 and HCFC-142b
for aerosols is prohibited
as of January 1, 2010 under
EPA's regulations at 40 CFR
part 82 subpart A. These
propellants have ozone
depletion potentials of
0.055 and 0.065,
respectively.
Solvents.................... HCFC-141b and blends Unacceptable effective Use or introduction into
thereof. September 18, 2015. interstate commerce of
virgin HCFC-141b for
aerosols is prohibited as of
January 1, 2015 under EPA's
regulations at 40 CFR part
82 subpart A. HCFC-141b has
an ozone depletion potential
of 0.11.
----------------------------------------------------------------------------------------------------------------
Substitutes Acceptable Subject To Use Conditions
----------------------------------------------------------------------------------------------------------------
Further
End-use Substitute Decision Use conditions information
----------------------------------------------------------------------------------------------------------------
Propellants.......... HFC-134a............. Acceptable The classes of products HFC-134a has a
subject to use listed below are acceptable Chemical
conditions. for use from July 20, 2016 Abstracts
through December 31, 2017 Service Registry
and are unacceptable Number (CAS Reg.
thereafter. No.) of 811-97-2
products and it is also
for functional testing of known by the
smoke detectors. name 1,1,1,2-
products tetrafluoropropa
for which new formulations ne. HFC-134a has
require governmental a GWP of 1,430.
review, including: EPA Use is allowed
pesticide registration, for the
approval for conformance specified uses
with military or space because of the
agency specifications, or technical and
FDA approval (other than safety demands
MDIs). in these
The classes of products applications.
listed below are acceptable Aerosol products
for use and other uses are using this
unacceptable as of July 20, propellant that
2016:. are manufactured
metered prior to July
dose inhalers approved by 20, 2016, may be
the U.S. Food and Drug sold, imported,
Administration for medical exported,
purposes. distributed and
cleaning used after that
products for removal of date.
grease, flux and other
soils from electrical
equipment or electronics.