[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 40

Protection of Environment


________________________

Parts 82 to 84

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    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]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     375
      Alphabetical List of Agencies Appearing in the CFR......     395
      List of CFR Sections Affected...........................     405

[[Page iv]]





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

                     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 v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
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 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
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    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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Register since the last revision of that volume of the Code. Source 
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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
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the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
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    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
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the revision dates of the 50 CFR titles.

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INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[Page ix]]



                               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, 2023.

    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)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          82

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  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.............         335

[[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, and in the April 10, 2015 Final 
          Rule, Effective May 11, 2015, and in the April 28, 2023 Final 
          Rule, Effective May 30, 2023
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
Appendix X to Subpart G of Part 82--Substitutes Listed in the April 28, 
          2023 Final Rule--Effective May 30, 2023

                   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,

[[Page 8]]

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.
    (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.

[[Page 9]]

    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 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:

[[Page 10]]

    (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
    (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.

[[Page 11]]

    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 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\
---------------------------------------------------------------------------

    \1\ Taiwan is not considered a foreign state.
---------------------------------------------------------------------------

    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:

[[Page 12]]

    (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 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/

[[Page 13]]

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.
    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.

[[Page 14]]

    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.
    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.

[[Page 15]]



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 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

[[Page 16]]

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 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

[[Page 17]]

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 
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

[[Page 18]]

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.
    (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

[[Page 19]]

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 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:
 

[[Page 20]]

 
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:
 
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.

[[Page 21]]



 
                                                            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
                                 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.

[[Page 22]]

 
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
                                 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

[[Page 23]]

 
2003....................................................  ..............  ..............  ..............  ..............              30
2004....................................................  ..............  ..............  ..............  ..............              30
2005....................................................  ..............  ..............  ..............  ..............               0
--------------------------------------------------------------------------------------------------------------------------------------------------------


[65 FR 70803, Nov. 28, 2000]



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]

[[Page 24]]

    (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 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

[[Page 25]]

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 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

[[Page 26]]

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]



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

[[Page 27]]

 
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 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

[[Page 28]]

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.
    (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

[[Page 29]]

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 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;

[[Page 30]]

    (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 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

[[Page 31]]

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 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.

[[Page 32]]

    (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 
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

[[Page 33]]

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 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;

[[Page 34]]

    (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]
    (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)

[[Page 35]]

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 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

[[Page 36]]

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-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

[[Page 37]]

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 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;

[[Page 38]]

    (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.
    (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

[[Page 39]]

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 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

[[Page 40]]

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 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.

[[Page 41]]

    (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 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

[[Page 42]]

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 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

[[Page 43]]

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.



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

[[Page 44]]

(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 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

[[Page 45]]

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, 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

[[Page 46]]

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.
    (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

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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]

  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

[[Page 106]]

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

[[Page 108]]

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

[[Page 109]]

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

[[Page 129]]

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

[[Page 130]]

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,

[[Page 131]]

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

[[Page 132]]

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.

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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]

 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]



  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, and in the April 10, 2015 Final Rule, Effective May 
 11, 2015, and in the April 28, 2023 Final Rule, Effective May 30, 2023

                                                Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                      Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Household refrigerators,          Isobutane (R-600a)      Acceptable subject to   As of September 7, 2018: These           Applicable OSHA
 freezers, and combination            Propane (R-290) R-      use conditions.         refrigerants may be used only in new     requirements at 29 CFR
 refrigerators and freezers (New      441A.                                           equipment designed specifically and      part 1910 must be
 equipment only).                                                                     clearly identified for the refrigerant   followed, including those
                                                                                      (i.e., none of these substitutes may     at 29 CFR 1910.106
                                                                                      be used as a conversion or               (flammable and
                                                                                      ``retrofit'' refrigerant for existing    combustible liquids),
                                                                                      equipment designed for a different       1910.110 (storage and
                                                                                      refrigerant).                            handling of liquefied
                                                                                     These refrigerants may be used only in    petroleum gases),
                                                                                      a refrigerator or freezer, or            1910.157 (portable fire
                                                                                      combination refrigerator and freezer,    extinguishers), and
                                                                                      that meets all requirements listed in    1910.1000 (toxic and
                                                                                      UL 60335-2-24.1 2 6                      hazardous substances).
                                                                                                                              Proper ventilation should
                                                                                                                               be maintained at all
                                                                                                                               times during the
                                                                                                                               manufacture and storage
                                                                                                                               of equipment containing
                                                                                                                               hydrocarbon refrigerants
                                                                                                                               through adherence to good
                                                                                                                               manufacturing practices
                                                                                                                               as per 29 CFR 1910.106.
                                                                                                                               If refrigerant levels in
                                                                                                                               the air surrounding the
                                                                                                                               equipment rise above one-
                                                                                                                               fourth of the lower
                                                                                                                               flammability limit, the
                                                                                                                               space should be evacuated
                                                                                                                               and re-entry should occur
                                                                                                                               only after the space has
                                                                                                                               been properly ventilated.

[[Page 265]]

 
                                                                                                                              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.
2. Retail food refrigerators and     Isobutane (R-600a)      Acceptable subject to   As provided in clauses SB6.1.2 to        Room occupants should
 freezers (stand-alone units only)    Propane (R-290) R-      use conditions.         SB6.1.5 of UL 471,1 2 3 the following    evacuate the space
 (New equipment only).                441A.                                           markings must be attached at the         immediately following the
                                                                                      locations provided and must be           accidental release of
                                                                                      permanent:                               this refrigerant.
                                                                                     (a) On or near any evaporators that can  If a service port is added
                                                                                      be contacted by the consumer:            then retail food
                                                                                      ``DANGER--Risk of Fire or Explosion.     refrigerators and
                                                                                      Flammable Refrigerant Used. Do Not Use   freezers using these
                                                                                      Mechanical Devices To Defrost            refrigerants should have
                                                                                      Refrigerator. Do Not Puncture            service aperture fittings
                                                                                      Refrigerant Tubing.''                    that differ from fittings
                                                                                     (b) Near the machine compartment:         used in equipment or
                                                                                      ``DANGER--Risk of Fire or Explosion.     containers using non-
                                                                                      Flammable Refrigerant Used. To Be        flammable refrigerant.
                                                                                      Repaired Only By Trained Service         ``Differ'' means that
                                                                                      Personnel. Do Not Puncture Refrigerant   either the diameter
                                                                                      Tubing.''                                differs by at least \1/
                                                                                     (c) Near the machine compartment:         16\ inch or the thread
                                                                                      ``CAUTION--Risk of Fire or Explosion.    direction is reversed
                                                                                      Flammable Refrigerant Used. Consult      (i.e., right-handed vs.
                                                                                      Repair Manual/Owner's Guide Before       left-handed). These
                                                                                      Attempting To Service This Product.      different fittings should
                                                                                      All Safety Precautions Must be           be permanently affixed to
                                                                                      Followed.''                              the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.

[[Page 266]]

 
                                                                                        (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]]

 
3. Very low temperature              Ethane (R-170)........  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 refrigeration Non-mechanical heat                            use conditions.         new equipment specifically designed      requirements at 29 CFR
 transfer (New equipment only).                                                       and clearly identified for the           part 1910 must be
                                                                                      refrigerant (i.e., the substitute may    followed, including those
                                                                                      not be used as a conversion or           at 29 CFR 1910.94
                                                                                      ``retrofit'' refrigerant for existing    (ventilation) and
                                                                                      equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This refrigerant may only be used in      1910.110 (storage and
                                                                                      equipment that meets all requirements    handling of liquefied
                                                                                      in Supplement SB to UL 471.1 2 3 In      petroleum gases),
                                                                                      cases where listing 3 of this table      1910.157 (portable fire
                                                                                      includes requirements more stringent     extinguishers), and
                                                                                      than those of UL 471, the appliance      1910.1000 (toxic and
                                                                                      must meet the requirements of listing    hazardous substances).
                                                                                      3 of this table in place of the         Proper ventilation should
                                                                                      requirements in UL 471.                  be maintained at all
                                                                                     The charge size for the equipment must    times during the
                                                                                      not exceed 150 g (5.29 oz) in each       manufacture and storage
                                                                                      circuit.                                 of equipment containing
                                                                                     As provided in clauses SB6.1.2 to         hydrocarbon refrigerants
                                                                                      SB6.1.5 of UL 471,1 2 3 the following    through adherence to good
                                                                                      markings must be attached at the         manufacturing practices
                                                                                      locations provided and must be           as per 29 CFR 1910.106.
                                                                                      permanent:                               If refrigerant levels in
                                                                                     (a) On or near any evaporators that can   the air surrounding the
                                                                                      be contacted by the consumer:            equipment rise above one-
                                                                                      ``DANGER--Risk of Fire or Explosion.     fourth of the lower
                                                                                      Flammable Refrigerant Used. Do Not Use   flammability limit, the
                                                                                      Mechanical Devices To Defrost            space should be evacuated
                                                                                      Refrigerator. Do Not Puncture            and re-entry should occur
                                                                                      Refrigerant Tubing.''                    only after the space has
                                                                                                                               been properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               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.

[[Page 268]]

 
                                                                                        (b) Near the machine compartment:     Technicians should only
                                                                                         ``DANGER--Risk of Fire or             use spark-proof tools
                                                                                         Explosion. Flammable Refrigerant      when working on equipment
                                                                                         Used. To Be Repaired Only By          with flammable
                                                                                         Trained Service Personnel. Do Not     refrigerants.
                                                                                         Puncture Refrigerant Tubing.''       Any recovery equipment
                                                                                     (c) Near the machine compartment:         used should be designed
                                                                                      ``CAUTION--Risk of Fire or Explosion.    for flammable
                                                                                      Flammable Refrigerant Used. Consult      refrigerants.
                                                                                      Repair Manual/Owner's Guide Before      Any refrigerant releases
                                                                                      Attempting To Service This Product.      should be in a well-
                                                                                      All Safety Precautions Must be           ventilated area, such as
                                                                                      Followed.''                              outside of a building.
                                                                                     (d) On the exterior of the               Only technicians
                                                                                      refrigerator: ``CAUTION--Risk of Fire    specifically trained in
                                                                                      or Explosion. Dispose of Properly In     handling flammable
                                                                                      Accordance With Federal Or Local         refrigerants should
                                                                                      Regulations. Flammable Refrigerant       service equipment
                                                                                      Used.''                                  containing ethane.
                                                                                     (e) Near any and all exposed              Technicians should gain
                                                                                      refrigerant tubing: ``CAUTION--Risk of   an understanding of
                                                                                      Fire or Explosion Due To Puncture Of     minimizing the risk of
                                                                                      Refrigerant Tubing; Follow Handling      fire and the steps to use
                                                                                      Instructions Carefully. Flammable        flammable refrigerants
                                                                                      Refrigerant Used.''                      safely.
                                                                                     All of these markings must be in         Room occupants should
                                                                                      letters no less than 6.4 mm (\1/4\       evacuate the space
                                                                                      inch) high.                              immediately following the
                                                                                     The refrigeration equipment must have     accidental release of
                                                                                      red, Pantone[supreg] Matching System     this refrigerant.
                                                                                      (PMS) 185 marked pipes,        If a service port is added
                                                                                      hoses, and other devices through which   then refrigeration
                                                                                      the refrigerant is serviced, typically   equipment using this
                                                                                      known as the service port, to indicate   refrigerant should have
                                                                                      the use of a flammable refrigerant.      service aperture fittings
                                                                                      This color must be present at all        that differ from fittings
                                                                                      service ports and where service          used in equipment or
                                                                                      puncturing or otherwise creating an      containers using non-
                                                                                      opening from the refrigerant circuit     flammable refrigerant.
                                                                                      to the atmosphere might be expected      ``Differ'' means that
                                                                                      (e.g., process tubes). The color mark    either the diameter
                                                                                      must extend at least 2.5 centimeters     differs by at least \1/
                                                                                      (1 inch) from the compressor and must    16\ inch or the thread
                                                                                      be replaced if removed.                  direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
                                                                                                                              Example of non-mechanical
                                                                                                                               heat transfer using this
                                                                                                                               refrigerant would be use
                                                                                                                               in a secondary loop of a
                                                                                                                               thermosiphon.

[[Page 269]]

 
4. Vending Machines (New equipment   Isobutane (R-600a)      Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 only).                               Propane (R-290) R-      use conditions.         new equipment specifically designed      requirements at 29 CFR
                                      441A.                                           and clearly identified for the           part 1910 must be
                                                                                      refrigerants (i.e., none of these        followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants). Detaching and       combustible liquids),
                                                                                      replacing the old refrigeration          1910.110 (storage and
                                                                                      circuit from the outer casing of the     handling of liquefied
                                                                                      equipment with a new one containing a    petroleum gases),
                                                                                      new evaporator, condenser, and           1910.157 (portable fire
                                                                                      refrigerant tubing within the old        extinguishers), and
                                                                                      casing is considered ``new'' equipment   1910.1000 (toxic and
                                                                                      and not a retrofit of the old,           hazardous substances).
                                                                                      existing equipment.                     Proper ventilation should
                                                                                     These substitutes may only be used in     be maintained at all
                                                                                      equipment that meets all requirements    times during the
                                                                                      in Supplement SA to UL 541.1 2 5 In      manufacture and storage
                                                                                      cases where listing 4 of this table      of equipment containing
                                                                                      includes requirements more stringent     hydrocarbon refrigerants
                                                                                      than those of UL 541, the appliance      through adherence to good
                                                                                      must meet the requirements of listing    manufacturing practices
                                                                                      4 of this table in place of the          as per 29 CFR 1910.106.
                                                                                      requirements in UL 541 The charge size   If refrigerant levels in
                                                                                      for vending machines must not exceed     the air surrounding the
                                                                                      150 g (5.29 oz) in each circuit.         equipment rise above one-
                                                                                     As provided in clauses SA6.1.2 to         fourth of the lower
                                                                                      SA6.1.5 of UL 541,1 2 5 the following    flammability limit, the
                                                                                      markings must be attached at the         space should be evacuated
                                                                                      locations provided and must be           and re-entry should occur
                                                                                      permanent:                               only after 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.

[[Page 270]]

 
                                                                                        (a) On or near any evaporators that   Technicians should only
                                                                                         can be contacted by the consumer:     use spark-proof tools
                                                                                         ``DANGER--Risk of Fire or             when working on
                                                                                         Explosion. Flammable Refrigerant      refrigeration equipment
                                                                                         Used. Do Not Use Mechanical Devices   with flammable
                                                                                         To Defrost Refrigerator. Do Not       refrigerants.
                                                                                         Puncture Refrigerant Tubing.''       Any recovery equipment
                                                                                     (b) Near the machine compartment:         used should be designed
                                                                                      ``DANGER--Risk of Fire or Explosion.     for flammable
                                                                                      Flammable Refrigerant Used. To Be        refrigerants.
                                                                                      Repaired Only By Trained Service        Any refrigerant releases
                                                                                      Personnel. Do Not Puncture Refrigerant   should be in a well-
                                                                                      Tubing.''                                ventilated area, such as
                                                                                     (c) Near the machine compartment:         outside of a building.
                                                                                      ``CAUTION--Risk of Fire or Explosion.   Only technicians
                                                                                      Flammable Refrigerant Used. Consult      specifically trained in
                                                                                      Repair Manual/Owner's Guide Before       handling flammable
                                                                                      Attempting To Service This Product.      refrigerants should
                                                                                      All Safety Precautions Must be           service refrigeration
                                                                                      Followed.''                              equipment containing
                                                                                     (d) On the exterior of the                these refrigerants.
                                                                                      refrigerator: ``CAUTION--Risk of Fire    Technicians should gain
                                                                                      or Explosion. Dispose of Properly In     an understanding of
                                                                                      Accordance With Federal Or Local         minimizing the risk of
                                                                                      Regulations. Flammable Refrigerant       fire and the steps to use
                                                                                      Used.''                                  flammable refrigerants
                                                                                     (e) Near any and all exposed              safely.
                                                                                      refrigerant tubing: ``CAUTION--Risk of  Room occupants should
                                                                                      Fire or Explosion Due To Puncture Of     evacuate the space
                                                                                      Refrigerant Tubing; Follow Handling      immediately following the
                                                                                      Instructions Carefully. Flammable        accidental release of
                                                                                      Refrigerant Used.'' All of these         this refrigerant.
                                                                                      markings must be in letters no less     If a service port is added
                                                                                      than 6.4 mm (\1/4\ inch) high.           then refrigeration
                                                                                                                               equipment using this
                                                                                                                               refrigerant should have
                                                                                                                               service aperture fittings
                                                                                                                               that differ from fittings
                                                                                                                               used in equipment or
                                                                                                                               containers using non-
                                                                                                                               flammable refrigerant.
                                                                                                                               ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least \1/
                                                                                                                               16\ inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
                                                                                     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]]

 
5. Residential and light-commercial  Propane (R-290) R-441A  Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 air conditioning and heat pumps--                            use conditions.         new equipment specifically designed      requirements at 29 CFR
 self-contained room air                                                              and clearly identified for the           part 1910 must be
 conditioners only (New equipment                                                     refrigerants (i.e., none of these        followed, including those
 only).                                                                               substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may only be used in    1910.110 (storage and
                                                                                      equipment that meets all requirements    handling of liquefied
                                                                                      in Supplement SA and Appendices B        petroleum gases),
                                                                                      through F of UL 484.1 2 4 In cases       1910.157 (portable fire
                                                                                      where listing 5 includes requirements    extinguishers), and
                                                                                      more stringent than those of UL 484,     1910.1000 (toxic and
                                                                                      the appliance must meet the              hazardous substances).
                                                                                      requirements of listing 5 of this       Proper ventilation should
                                                                                      table in place of the requirements in    be maintained at all
                                                                                      UL 484.                                  times during the
                                                                                     The charge size for the entire air        manufacture and storage
                                                                                      conditioner must not exceed the          of equipment containing
                                                                                      maximum refrigerant mass determined      hydrocarbon refrigerants
                                                                                      according to Appendix F of UL 484 for    through adherence to good
                                                                                      the room size where the air              manufacturing practices
                                                                                      conditioner is used. The charge size     as per 29 CFR 1910.106.
                                                                                      for these three refrigerants must in     If refrigerant levels in
                                                                                      no case exceed 1,000 g (35.3 oz or       the air surrounding the
                                                                                      2.21 lbs) of propane or 1,000 g (35.3    equipment rise above one-
                                                                                      oz or 2.21 lb) of R-441A. For portable   fourth of the lower
                                                                                      air conditioners, the charge size must   flammability limit, the
                                                                                      in no case exceed 300 g (10.6 oz or      space should be evacuated
                                                                                      0.66 lbs) of propane or 330 g (11.6 oz   and re-entry should occur
                                                                                      or 0.72 lb) of R-441A. The               only after the space has
                                                                                      manufacturer must design a charge size   been properly ventilated.
                                                                                      for the entire air conditioner that     Technicians and equipment
                                                                                      does not exceed the amount specified     manufacturers should wear
                                                                                      for the unit's cooling capacity, as      appropriate personal
                                                                                      specified in table A, B, C, D, or E of   protective equipment,
                                                                                      this appendix R.                         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 air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 272]]

 
                                                                                     As provided in clauses SA6.1.2 to        Any recovery equipment
                                                                                      SA6.1.5 of UL 484,1 2 4 the following    used should be designed
                                                                                      markings must be attached at the         for flammable
                                                                                      locations provided and must be           refrigerants.
                                                                                      permanent:                              Any refrigerant releases
                                                                                     (a) On the outside of the air             should be in a well-
                                                                                      conditioner: ``DANGER--Risk of Fire or   ventilated area, such as
                                                                                      Explosion. Flammable Refrigerant Used.   outside of a building.
                                                                                      To Be Repaired Only By Trained Service  Only technicians
                                                                                      Personnel. Do Not Puncture Refrigerant   specifically trained in
                                                                                      Tubing.''                                handling flammable
                                                                                     (b) On the outside of the air             refrigerants should
                                                                                      conditioner: ``CAUTION--Risk of Fire     service refrigeration
                                                                                      or Explosion. Dispose of Properly In     equipment containing
                                                                                      Accordance With Federal Or Local         these refrigerants.
                                                                                      Regulations. Flammable Refrigerant       Technicians should gain
                                                                                      Used.''                                  an understanding of
                                                                                     (c) On the inside of the air              minimizing the risk of
                                                                                      conditioner near the compressor:         fire and the steps to use
                                                                                      ``CAUTION--Risk of Fire or Explosion.    flammable refrigerants
                                                                                      Flammable Refrigerant Used. Consult      safely.
                                                                                      Repair Manual/Owner's Guide Before      Room occupants should
                                                                                      Attempting To Service This Product.      evacuate the space
                                                                                      All Safety Precautions Must be           immediately following the
                                                                                      Followed.''                              accidental release of
                                                                                     (d) On the outside of each portable air   this refrigerant.
                                                                                      conditioner: ``WARNING: Appliance       If a service port is added
                                                                                      shall be installed, operated and         then air conditioning
                                                                                      stored in a room with a floor area       equipment using this
                                                                                      larger the ``X'' m\2\ (Y ft\2\).'' The   refrigerant should have
                                                                                      value ``X'' on the label must be         service aperture fittings
                                                                                      determined using the minimum room size   that differ from fittings
                                                                                      in m\2\ calculated using Appendix F of   used in equipment or
                                                                                      UL 484. For R-441A, use a lower          containers using non-
                                                                                      flammability limit of 0.041 kg/m\3\ in   flammable refrigerant.
                                                                                      calculations in Appendix F of UL 484.    ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least \1/
                                                                                                                               16\ inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
                                                                                                                              Air conditioning equipment
                                                                                                                               in this category
                                                                                                                               includes:
                                                                                                                              Window air conditioning
                                                                                                                               units.
                                                                                                                              Portable room air
                                                                                                                               conditioners.
                                                                                                                              Packaged terminal air
                                                                                                                               conditioners and heat
                                                                                                                               pumps.
                                                                                     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.

[[Page 273]]

 
6. Residential and light-commercial  HFC-32................  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 air conditioning and heat pumps--                            use conditions.         new equipment specifically designed      requirements at 29 CFR
 self-contained room air                                                              and clearly identified for the           part 1910 must be
 conditioners only (New equipment                                                     refrigerant (i.e., this substitute may   followed, including those
 only) manufactured from May 10,                                                      not be used as a conversion or           at 29 CFR 1910.94
 2015 and up to but not including                                                     ``retrofit'' refrigerant for existing    (ventilation) and
 May 30, 2023.                                                                        equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This refrigerant may only be used in      1910.110 (storage and
                                                                                      equipment that meets all requirements    handling of liquefied
                                                                                      in Supplement SA and Appendices B        petroleum gases),
                                                                                      through F of UL 484.1 2 4 In cases       1910.157 (portable fire
                                                                                      where this listing 6 of this table       extinguishers), and
                                                                                      includes requirements more stringent     1910.1000 (toxic and
                                                                                      than those of UL 484, the appliance      hazardous substances).
                                                                                      must meet the requirements of listing   Proper ventilation should
                                                                                      6 of this table in place of the          be maintained at all
                                                                                      requirements in UL 484.                  times during the
                                                                                     The charge size for the entire air        manufacture and storage
                                                                                      conditioner must not exceed the          of equipment containing
                                                                                      maximum refrigerant mass determined      hydrocarbon refrigerants
                                                                                      according to Appendix F of UL 484 for    through adherence to good
                                                                                      the room size where the air              manufacturing practices
                                                                                      conditioner is used. The manufacturer    as per 29 CFR 1910.106.
                                                                                      must design a charge size for the        If refrigerant levels in
                                                                                      entire air conditioner that does not     the air surrounding the
                                                                                      exceed the amount specified for the      equipment rise above one-
                                                                                      unit's cooling capacity, as specified    fourth of the lower
                                                                                      in table A, B, C, D, or E of this        flammability limit, the
                                                                                      appendix.                                space should be evacuated
                                                                                                                               and re-entry should occur
                                                                                                                               only after 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.
                                                                                     For equipment following this listing 6,  A Class B dry powder type
                                                                                      and as provided in clauses SA6.1.2 to    fire extinguisher should
                                                                                      SA6.1.5 of UL 484,1 2 4 the following    be kept nearby.
                                                                                      markings must be attached at the        Technicians should only
                                                                                      locations provided and must be           use spark-proof tools
                                                                                      permanent:                               when working on air
                                                                                     (a) On the outside of the air             conditioning equipment
                                                                                      conditioner: ``DANGER--Risk of Fire or   with flammable
                                                                                      Explosion. Flammable Refrigerant Used.   refrigerants.
                                                                                      To Be Repaired Only By Trained Service  Any recovery equipment
                                                                                      Personnel. Do Not Puncture Refrigerant   used should be designed
                                                                                      Tubing.''                                for flammable
                                                                                     (b) On the outside of the air             refrigerants.
                                                                                      conditioner: ``CAUTION--Risk of Fire    Any refrigerant releases
                                                                                      or Explosion. Dispose of Properly In     should be in a well-
                                                                                      Accordance With Federal Or Local         ventilated area, such as
                                                                                      Regulations. Flammable Refrigerant       outside of a building.
                                                                                      Used.''                                 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 274]]

 
                                                                                        (c) On the inside of the air          Room occupants should
                                                                                         conditioner near the compressor:      evacuate the space
                                                                                         ``CAUTION--Risk of Fire or            immediately following the
                                                                                         Explosion. Flammable Refrigerant      accidental release of
                                                                                         Used. Consult Repair Manual/Owner's   this refrigerant.
                                                                                         Guide Before Attempting To Service   If a service port is added
                                                                                         This Product. All Safety              then air conditioning
                                                                                         Precautions Must be Followed.''       equipment using this
                                                                                     (d) On the outside of each portable air   refrigerant should have
                                                                                      conditioner: ``WARNING: Appliance        service aperture fittings
                                                                                      shall be installed, operated and         that differ from fittings
                                                                                      stored in a room with a floor area       used in equipment or
                                                                                      larger the ``X'' m\2\ (Y ft\2\).'' The   containers using non-
                                                                                      value ``X'' on the label must be         flammable refrigerant.
                                                                                      determined using the minimum room size   ``Differ'' means that
                                                                                      in m\2\ calculated using Appendix F of   either the diameter
                                                                                      UL 484.                                  differs by at least \1/
                                                                                     All of these markings must be in          16\ inch or the thread
                                                                                      letters no less than 6.4 mm (\1/4\       direction is reversed
                                                                                      inch) high.                              (i.e., right-handed vs.
                                                                                     The air conditioning equipment must       left-handed). These
                                                                                      have red, Pantone[supreg] Matching       different fittings should
                                                                                      System (PMS) 185 marked         be permanently affixed to
                                                                                      pipes, hoses, and other devices          the unit at the point of
                                                                                      through which the refrigerant is         service and maintained
                                                                                      serviced, typically known as the         until the end-of-life of
                                                                                      service port, to indicate the use of a   the unit, and should not
                                                                                      flammable refrigerant. This color must   be accessed with an
                                                                                      be present at all service ports and      adaptor.
                                                                                      where service puncturing or otherwise   Air conditioning equipment
                                                                                      creating an opening from the             in this category
                                                                                      refrigerant circuit to the atmosphere    includes:
                                                                                      might be expected (e.g., process        Window air conditioning
                                                                                      tubes). The color mark must extend at    units.
                                                                                      least 2.5 centimeters (1 inch) from     Portable room air
                                                                                      the compressor and must be replaced if   conditioners.
                                                                                      removed.                                Packaged terminal air
                                                                                                                               conditioners and heat
                                                                                                                               pumps.
7. Residential and light-commercial  HFC-32................  Acceptable subject to   This refrigerant may only be used in
 air conditioning and heat pumps--                            use conditions.         equipment that meets all requirements
 self-contained room air                                                              in either:
 conditioners only (New equipment                                                    (1) Supplement SA and Appendices B
 only) manufactured from May 30,                                                      through F of UL 484 1 2 4 and listing
 2023 through January 1, 2024.                                                        6 of this table, or
                                                                                     (2) UL 60335-2-40 1 2 7 and listing 8
                                                                                      of this table.

[[Page 275]]

 
8. Residential and light-commercial  HFC-32................  Acceptable Subject to   This refrigerant may be used only in     Applicable OSHA
 air conditioning and heat pumps--                            Use Conditions.         new equipment specifically designed      requirements at 29 CFR
 self-contained room                                                                  and clearly identified for the           part 1910 must be
 airconditioners only (New                                                            refrigerant (i.e., this substitute may   followed, including those
 equipment only) manufactured on or                                                   not be used as a conversion or           at 29 CFR 1910.94
 after January 2, 2024.                                                               ``retrofit'' refrigerant for existing    (ventilation) and
                                                                                      equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This substitute may only be used in air   1910.110 (storage and
                                                                                      conditioning equipment that meets all    handling of liquefied
                                                                                      requirements in UL 60335-2-40 1 2 7      petroleum gases), and
                                                                                      and this listing 8 of this table.        1910.1000 (toxic and
                                                                                     In cases where this listing 8 includes    hazardous substances).
                                                                                      requirements more stringent than those  Proper ventilation should
                                                                                      of UL 60335-2-40, the appliance must     be maintained at all
                                                                                      meet the requirements of this listing    times during the
                                                                                      8 in place of the requirements in UL     manufacture and storage
                                                                                      60335-2-40.                              of equipment containing
                                                                                     The following markings must be attached   flammable refrigerants
                                                                                      at the locations provided and must be    through adherence to good
                                                                                      permanent:                               manufacturing practices
                                                                                                                               as per 29 CFR 1910.106.
                                                                                                                               If refrigerant levels in
                                                                                                                               the air surrounding the
                                                                                                                               equipment rise above one-
                                                                                                                               fourth of the lower
                                                                                                                               flammability limit, the
                                                                                                                               space should be
                                                                                                                               evacuated, and reentry
                                                                                                                               should occur only after
                                                                                                                               the space has been
                                                                                                                               properly ventilated.
                                                                                        (a) On the outside of the equipment:  Technicians and equipment
                                                                                         ``WARNING--Risk of Fire. Flammable    manufacturers should wear
                                                                                         Refrigerant Used. To Be Repaired      appropriate personal
                                                                                         Only By Trained Service Personnel.    protective equipment,
                                                                                         Do Not Puncture Refrigerant           including chemical
                                                                                         Tubing.''                             goggles and protective
                                                                                     (b) On the outside of the equipment:      gloves, when handling
                                                                                      ``WARNING--Risk of Fire. Dispose of      flammable refrigerants.
                                                                                      Properly In Accordance With Federal Or   Special care should be
                                                                                      Local Regulations. Flammable             taken to avoid contact
                                                                                      Refrigerant Used.''                      with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.

[[Page 276]]

 
                                                                                        (c) On the inside of the equipment    Technicians should only
                                                                                         near the compressor: ``WARNING--      use spark-proof tools
                                                                                         Risk of Fire. Flammable Refrigerant   when working on air
                                                                                         Used. Consult Repair Manual/Owner's   conditioning equipment
                                                                                         Guide Before Attempting to Service    with flammable
                                                                                         This Product. All Safety              refrigerants.
                                                                                         Precautions Must be Followed.''      Any recovery equipment
                                                                                     (d) For any equipment pre-charged at      used should be designed
                                                                                      the factory, on the equipment            for flammable
                                                                                      packaging or on the outside of the       refrigerants. Only
                                                                                      equipment: ``WARNING--Risk of Fire due   technicians specifically
                                                                                      to Flammable Refrigerant Used. Follow    trained in handling
                                                                                      Handling Instructions Carefully in       flammable refrigerants
                                                                                      Compliance with National                 should service
                                                                                      Regulations.''                           refrigeration equipment
                                                                                     a. If the equipment is delivered          containing this
                                                                                      packaged, this label shall be applied    refrigerant. Technicians
                                                                                      on the packaging.                        should gain an
                                                                                     b. If the equipment is not delivered      understanding of
                                                                                      packaged, this label shall be applied    minimizing the risk of
                                                                                      on the outside of the equipment near     fire and the steps to use
                                                                                      the control panel or nameplate.          flammable refrigerants
                                                                                     (e) On the equipment near the             safely.
                                                                                      nameplate:                              Room occupants should
                                                                                     a. At the top of the marking: ``Minimum   evacuate the space
                                                                                      Installation height, X m (W ft).''       immediately following the
                                                                                      This marking is only required if         accidental release of
                                                                                      required by the UL 60335-2-40. The       this refrigerant.
                                                                                      terms ``X'' and ``W'' shall be          Personnel commissioning,
                                                                                      replaced by the numeric height as        maintaining, repairing,
                                                                                      calculated per UL 60335-2-40. Note       decommissioning and
                                                                                      that the formatting here is slightly     disposing of appliances
                                                                                      different than UL 60335-2-40;            with this refrigerant
                                                                                      specifically, the height in Inch-Pound   should obtain training
                                                                                      units is placed in parentheses and the   and follow practices
                                                                                      word ``and'' has been replaced by the    consistent with Annex HH
                                                                                      opening parenthesis.                     of UL 60335-2-40.2 7
                                                                                                                              CAA section 608(c)(2)
                                                                                                                               prohibits knowingly
                                                                                                                               venting or otherwise
                                                                                                                               knowingly releasing or
                                                                                                                               disposing of substitute
                                                                                                                               refrigerants in the
                                                                                                                               course of maintaining,
                                                                                                                               servicing, repairing or
                                                                                                                               disposing of an appliance
                                                                                                                               or industrial process
                                                                                                                               refrigeration.
                                                                                                                              Department of
                                                                                                                               Transportation
                                                                                                                               requirements for
                                                                                                                               transport of flammable
                                                                                                                               gases must be followed.
                                                                                                                              Flammable refrigerants
                                                                                                                               being recovered or
                                                                                                                               otherwise disposed of
                                                                                                                               from residential and
                                                                                                                               light commercial air
                                                                                                                               conditioning appliances
                                                                                                                               are likely to be
                                                                                                                               hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).

[[Page 277]]

 
                                                                                          b. Immediately below marking (a)
                                                                                           of this listing 8 or at the top
                                                                                           of the marking if marking (a) is
                                                                                           not required: ``Minimum room area
                                                                                           (operating or storage), Y m\2\ (Z
                                                                                           ft\2\).'' The terms ``Y'' and
                                                                                           ``Z'' shall be replaced by the
                                                                                           numeric area as calculated per UL
                                                                                           60335-2-40. Note that the
                                                                                           formatting here is slightly
                                                                                           different than UL 60335-2-40;
                                                                                           specifically, the area in Inch-
                                                                                           Pound units is placed in
                                                                                           parentheses and the word ``and''
                                                                                           has been replaced by the opening
                                                                                           parenthesis.
                                                                                     (f) For non-fixed equipment, on the
                                                                                      outside of the product: ``WARNING--
                                                                                      Risk of Fire or Explosion--Store in a
                                                                                      well-ventilated room without
                                                                                      continuously operating flames or other
                                                                                      potential ignition.''
                                                                                     (g) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System (PMS)
                                                                                      185 or RAL 3020 marked
                                                                                      service ports, pipes, hoses, or other
                                                                                      devices through which the refrigerant
                                                                                      passes, to indicate the use of a
                                                                                      flammable refrigerant. This color must
                                                                                      be applied at all service ports and
                                                                                      other parts of the system where
                                                                                      service puncturing or other actions
                                                                                      creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected and must extend a
                                                                                      minimum of one (1) inch (25 mm) in
                                                                                      both directions from such locations
                                                                                      and shall be replaced if removed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
  U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
  Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets, (202) 202-1744. For information on the availability of this material at NARA, visit
  www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected].
\2\ You may obtain the material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; email: orders@comm-
  2000.com; phone: 1-888-853-3503 in the U.S. or Canada (other countries +1-415-352-2168); website: https://ulstandards.ul.com/ or www.comm-2000.com.
\3\ UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
  Refrigerant in the Refrigerating System. November 24, 2010.
\4\ 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.

[[Page 278]]

 
\5\ UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
  Refrigerating System. December 30, 2011.
\6\ UL 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.
\7\ UL 60335-2-40, Standard for Safety: Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
  Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, Dated November 1, 2019.


[[Page 279]]

[GRAPHIC] [TIFF OMITTED] TR10AP15.002


[[Page 280]]

[GRAPHIC] [TIFF OMITTED] TR10AP15.003


[80 FR 19491, Apr. 10, 2015, as amended at 83 FR 38975, Aug. 8, 2018; 88 
FR 26418, Apr. 28, 2023]

[[Page 281]]



   Sec. Appendix S to Subpart G of Part 82--Substitutes Listed in the 
       September 19, 2012 Final Rule, Effective December 18, 2012.

             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 282]]

 
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 283]]



Sec. 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 284]]

 
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.
                                                                 
                                                                  refrigerant flushes.
                                                                  products
                                                                  for sensitivity testing of
                                                                  smoke detectors.
                                                                 
                                                                  lubricants and freeze
                                                                  sprays for electrical
                                                                  equipment or electronics.

[[Page 285]]

 
                                                                  sprays
                                                                  for aircraft maintenance.
                                                                  sprays
                                                                  containing corrosion
                                                                  preventive compounds used
                                                                  in the maintenance of
                                                                  aircraft, electrical
                                                                  equipment or electronics,
                                                                  or military equipment..
                                                                 
                                                                  pesticides for use near
                                                                  electrical wires or in
                                                                  aircraft, in total release
                                                                  insecticide foggers, or in
                                                                  certified organic use
                                                                  pesticides for which EPA
                                                                  has specifically disallowed
                                                                  all other lower-GWP
                                                                  propellants..
                                                                  mold
                                                                  release agents and mold
                                                                  cleaners..
                                                                 
                                                                  lubricants and cleaners for
                                                                  spinnerettes for synthetic
                                                                  fabrics..
                                                                  duster
                                                                  sprays specifically for
                                                                  removal of dust from
                                                                  photographic negatives,
                                                                  semiconductor chips,
                                                                  specimens under electron
                                                                  microscopes, and energized
                                                                  electrical equipment..
                                                                  adhesives
                                                                  and sealants in large
                                                                  canisters..
                                                                  document
                                                                  preservation sprays..
                                                                  wound
                                                                  care sprays..
                                                                  topical
                                                                  coolant sprays for pain
                                                                  relief..
                                                                  products
                                                                  for removing bandage
                                                                  adhesives from skin..
Propellants..........  HFC-227ea and blends   Acceptable         Acceptable for use in         HFC-227ea has a
                        of HFC-227ea and HFC-  subject to use     metered dose inhalers         Chemical
                        134a.                  conditions.        approved by the U.S. Food     Abstracts
                                                                  and Drug Administration for   Service Registry
                                                                  medical purposes and          Number (CAS Reg.
                                                                  unacceptable for all other    No.) of 431-89-0
                                                                  uses as of July 20, 2016.     and it is also
                                                                                                known by the
                                                                                                name
                                                                                                1,1,1,2,3,3,3-
                                                                                                heptafluoropropa
                                                                                                ne. HFC-227ea
                                                                                                has a GWP of
                                                                                                3,220.
                                                                                               Aerosol products
                                                                                                using this
                                                                                                propellant that
                                                                                                are manufactured
                                                                                                prior to July
                                                                                                20, 2016 may be
                                                                                                sold, imported,
                                                                                                exported,
                                                                                                distributed and
                                                                                                used after that
                                                                                                date.
----------------------------------------------------------------------------------------------------------------


                          Refrigeration and Air Conditioning--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
              End-use                       Substitute                 Decision           Further information
----------------------------------------------------------------------------------------------------------------
Retail food refrigeration           HFC-227ea, R-404A, R-407B,  Unacceptable as of     These refrigerants have
 (supermarket systems) (new).        R-421B, R-422A, R-422C, R-  January 1, 2017.       GWPs ranging from 2,729
                                     422D, R-428A, R-434A, R-                           to 3,985. Other
                                     507A.                                              substitutes will be
                                                                                        available for this end-
                                                                                        use with lower overall
                                                                                        risk to human health and
                                                                                        the environment by the
                                                                                        status change date.
Retail food refrigeration           R-404A, R-407B, R-421B, R-  Unacceptable as of     These refrigerants have
 (supermarket systems) (retrofit).   422A, R-422C, R-422D, R-    July 20, 2016.         GWPs ranging from 2,729
                                     428A, R-434A, R-507A.                              to 3,985. 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 286]]

 
Retail food refrigeration (remote   HFC-227ea, R-404A, R-407B,  Unacceptable as of     These refrigerants have
 condensing units) (new).            R-421B, R-422A, R-422C, R-  January 1, 2018.       GWPs ranging from 2,729
                                     422D, R-428A, R-434A, R-                           to 3,985. Other
                                     507A.                                              substitutes will be
                                                                                        available for this end-
                                                                                        use with lower overall
                                                                                        risk to human health and
                                                                                        the environment by the
                                                                                        status change date.
Retail food refrigeration (remote   R-404A, R-407B, R-421B, R-  Unacceptable as of     These refrigerants have
 condensing units) (retrofit).       422A, R-422C, R-422D, R-    July 20, 2016.         GWPs ranging from 2,729
                                     428A, R-434A, R-507A.                              to 3,985. Other
                                                                                        substitutes will be
                                                                                        available for this end-
                                                                                        use with lower overall
                                                                                        risk to human health and
                                                                                        the environment by the
                                                                                        status change date.
Retail food refrigeration (stand-   FOR12A, FOR12B, HFC-134a,   Unacceptable as of     These refrigerants have
 alone medium-temperature units      HFC-227ea, KDD6, R-125/     January 1, 2019.       GWPs ranging from
 with a compressor capacity below    290/134a/600a (55.0/1.0/                           approximately 900 to
 2,200 Btu/hr and not containing a   42.5/1.5), R-404A, R-                              3,985. Other substitutes
 flooded evaporator) (new).          407A, R-407B, R-407C, R-                           will be available for
                                     407F, R-410A, R-410B, R-                           this end-use with lower
                                     417A, R-421A, R-421B, R-                           overall risk to human
                                     422A, R-422B, R-422C, R-                           health and the
                                     422D, R-424A, R-426A, R-                           environment by the
                                     428A, R-434A, R-437A, R-                           status change date.
                                     438A, R-507A, RS-24 (2002                          ``Medium-temperature''
                                     formulation), RS-44 (2003                          refers to equipment that
                                     formulation), SP34E, THR-                          maintains food or
                                     03.                                                beverages at
                                                                                        temperatures above 32
                                                                                        [deg]F (0 [deg]C).
Retail food refrigeration (stand-   FOR12A, FOR12B, HFC-134a,   Unacceptable as of     These refrigerants have
 alone medium-temperature units      HFC-227ea, KDD6, R-125/     January 1, 2020.       GWPs ranging from
 with a compressor capacity below    290/134a/600a (55.0/1.0/                           approximately 900 to
 2,200 Btu/hr and containing a       42.5/1.5), R-404A, R-                              3,985. Other substitutes
 flooded evaporator) (new).          407A, R-407B, R-407C, R-                           will be available for
                                     407F, R-410A, R-410B, R-                           this end-use with lower
                                     417A, R-421A, R-421B, R-                           overall risk to human
                                     422A, R-422B, R-422C, R-                           health and the
                                     422D, R-424A, R-426A, R-                           environment by the
                                     428A, R-434A, R-437A, R-                           status change date.
                                     438A, R-507A, RS-24 (2002                          ``Medium-temperature''
                                     formulation), RS-44 (2003                          refers to equipment that
                                     formulation), SP34E, THR-                          maintains food or
                                     03.                                                beverages at
                                                                                        temperatures above 32
                                                                                        [deg]F (0 [deg]C).
Retail food refrigeration (stand-   FOR12A, FOR12B, HFC-134a,   Unacceptable as of     These refrigerants have
 alone medium-temperature units      HFC-227ea, KDD6, R-125/     January 1, 2020.       GWPs ranging from
 with a compressor capacity equal    290/134a/600a (55.0/1.0/                           approximately 900 to
 to or greater than 2,200 Btu/hr)    42.5/1.5), R-404A, R-                              3,985. Other substitutes
 (new).                              407A, R-407B, R-407C, R-                           will be available for
                                     407F, R-410A, R-410B, R-                           this end-use with lower
                                     417A, R-421A, R-421B, R-                           overall risk to human
                                     422A, R-422B, R-422C, R-                           health and the
                                     422D, R-424A, R-426A, R-                           environment by the
                                     428A, R-434A, R-437A, R-                           status change date.
                                     438A, R-507A, RS-24 (2002                          ``Medium-temperature''
                                     formulation), RS-44 (2003                          refers to equipment that
                                     formulation), SP34E, THR-                          maintains food or
                                     03.                                                beverages at
                                                                                        temperatures above 32
                                                                                        [deg]F (0 [deg]C).
Retail food refrigeration (stand-   HFC-227ea, KDD6, R-125/290/ Unacceptable as of     These refrigerants have
 alone low-temperature units)        134a/600a (55.0/1.0/42.5/   January 1, 2020.       GWPs ranging from
 (new).                              1.5), R-404A, R-407A, R-                           approximately 1,800 to
                                     407B, R-407C, R-407F, R-                           3,985. Other substitutes
                                     410A, R-410B, R-417A, R-                           will be available for
                                     421A, R-421B, R-422A, R-                           this end-use with lower
                                     422B, R-422C, R-422D, R-                           overall risk to human
                                     424A, R-428A, R-434A, R-                           health and the
                                     437A, R-438A, R-507A, RS-                          environment by the
                                     44 (2003 formulation).                             status change date.
                                                                                        ``Low-temperature''
                                                                                        refers to equipment that
                                                                                        maintains food or
                                                                                        beverages at
                                                                                        temperatures at or below
                                                                                        32 [deg]F (0 [deg]C).
Retail food refrigeration (stand-   R-404A, R-507A............  Unacceptable as of     These refrigerants have
 alone units only) (retrofit).                                   July 20, 2016.         GWPs of approximately
                                                                                        3,922 and 3,985. Other
                                                                                        substitutes will be
                                                                                        available for this end-
                                                                                        use with lower overall
                                                                                        risk to human health and
                                                                                        the environment by the
                                                                                        status change date.
Vending machines (new only).......  FOR12A, FOR12B, HFC-134a,   Unacceptable as of     These refrigerants have
                                     KDD6, R-125/290/134a/600a   January 1, 2019.       GWPs ranging from
                                     (55.0/1.0/42.5/1.5), R-                            approximately 1,100 to
                                     404A, R-407C, R-410A, R-                           3,985. Other substitutes
                                     410B, R-417A, R-421A, R-                           will be available for
                                     422B, R-422C, R-422D, R-                           this end-use with lower
                                     426A, R-437A, R-438A, R-                           overall risk to human
                                     507A, RS-24 (2002                                  health and the
                                     formulation), SP34E.                               environment by the
                                                                                        status change date.
Vending machines (retrofit only)..  R-404A, R-507A............  Unacceptable as of     These refrigerants have
                                                                 July 20, 2016.         GWPs of approximately
                                                                                        3,922 and 3,985. 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 287]]


                   Foam Blowing Agents--Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision       Narrowed use limits    Further information
----------------------------------------------------------------------------------------------------------------
Rigid Polyurethane: Appliance.  HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
                                 245fa, HFC-       Subject to        January 1, 2020,       document and retain
                                 365mfc and        Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.
Rigid Polyurethane: Commercial  HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 Refrigeration and Sandwich      245fa, HFC-       Subject to        January 1, 2020,       document and retain
 Panels.                         365mfc, and       Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.

[[Page 288]]

 
Flexible Polyurethane.........  HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
                                 245fa, HFC-       Subject to        January 1, 2017,       document and retain
                                 365mfc, and       Narrowed Use      until January 1,       the results of their
                                 blends thereof.   Limits.           2022, in military      technical
                                                                     applications and       investigation of
                                                                     until January 1,       alternatives for the
                                                                     2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                                           
                                                                                            Substitutes examined
                                                                                            and rejected;
                                                                                           
                                                                                            Reason for rejection
                                                                                            of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and projected time
                                                                                            for switching.
Rigid Polyurethane: Slabstock   HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 and Other.                      245fa, HFC-       Subject to        January 1, 2019,       document and retain
                                 365mfc and        Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.

[[Page 289]]

 
Rigid Polyurethane and          HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 Polyisocyanurate Laminated      245fa, HFC-       Subject to        January 1, 2017,       document and retain
 Boardstock.                     365mfc and        Narrowed Use      until January 1,       the results of their
                                 blends thereof.   Limits.           2022, in military      technical
                                                                     applications and       investigation of
                                                                     until January 1,       alternatives for the
                                                                     2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.
Rigid Polyurethane: Marine      HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 Flotation Foam.                 245fa, HFC-       Subject to        January 1, 2020,       document and retain
                                 365mfc and        Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.

[[Page 290]]

 
Polystyrene: Extruded Sheet...  HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
                                 245fa, HFC-       Subject to        January 1, 2017,       document and retain
                                 365mfc, and       Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.
Polystyrene: Extruded           HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 Boardstock and Billet.          245fa, HFC-       Subject to        January 1, 2021,       document and retain
                                 365mfc, and       Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 Formacel B, and                     until January 1,       alternatives for the
                                 Formacel Z-6.                       2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.

[[Page 291]]

 
Integral Skin Polyurethane....  HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
                                 245fa, HFC-       Subject to        January 1, 2017,       document and retain
                                 365mfc, and       Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                                           
                                                                                            Substitutes examined
                                                                                            and rejected;
                                                                                           
                                                                                            Reason for rejection
                                                                                            of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and projected time
                                                                                            for switching.
Polyolefin....................  HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
                                 245fa, HFC-       Subject to        January 1, 2020,       document and retain
                                 365mfc, and       Narrowed Use      until January 1,       the results of their
                                 blends thereof;   Limits.           2022, in military      technical
                                 Formacel TI,                        applications and       investigation of
                                 and Formacel Z-                     until January 1,       alternatives for the
                                 6.                                  2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.

[[Page 292]]

 
Phenolic Insulation Board and   HFC-143a, HFC-    Acceptable        Acceptable from        Users are required to
 Bunstock.                       134a, HFC-        Subject to        January 1, 2017,       document and retain
                                 245fa, HFC-       Narrowed Use      until January 1,       the results of their
                                 365mfc, and       Limits.           2022, in military      technical
                                 blends thereof.                     applications and       investigation of
                                                                     until January 1,       alternatives for the
                                                                     2025, in space- and    purpose of
                                                                     aeronautics-related    demonstrating
                                                                     applications where     compliance.
                                                                     reasonable efforts     Information should
                                                                     have been made to      include descriptions
                                                                     ascertain that other   of:
                                                                     alternatives are not  
                                                                     technically feasible   Process or product
                                                                     due to performance     in which the
                                                                     or safety              substitute is
                                                                     requirements.          needed;
                                                                    Closed cell foam       
                                                                     products and           Substitutes examined
                                                                     products containing    and rejected;
                                                                     closed cell foams     
                                                                     manufactured with      Reason for rejection
                                                                     these substitutes on   of other
                                                                     or before January 1,   alternatives, e.g.,
                                                                     2022, for military     performance,
                                                                     applications or on     technical or safety
                                                                     and before January     standards; and/or
                                                                     1, 2025, in space-    
                                                                     and aeronautics-       Anticipated date
                                                                     related                other substitutes
                                                                     applications, may be   will be available
                                                                     used after those       and projected time
                                                                     dates.                 for switching.
----------------------------------------------------------------------------------------------------------------


[[Page 293]]


                                            Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
               End-use                        Substitute                Decision           Further information
----------------------------------------------------------------------------------------------------------------
All Foam Blowing End-uses............  HCFC-141b and blends     Unacceptable effective   HCFC-141b has an ozone
                                        thereof.                 September 18, 2015.      depletion potential of
                                                                 Closed cell foam         0.11 under the
                                                                 products and products    Montreal Protocol. EPA
                                                                 containing closed cell   previously found HCFC-
                                                                 foams manufactured       141b unacceptable in
                                                                 with these substitutes   all foam blowing end-
                                                                 on or before December    uses (appendix M to
                                                                 1, 2017 may be used      subpart G of 40 CFR
                                                                 after that date.         part 82). HCFC-141b
                                                                                          has an ozone depletion
                                                                                          potential (ODP) of
                                                                                          0.11.
All Foam Blowing end-uses............  HCFC-22, HCFC-142b, and  Unacceptable effective   Use or introduction
                                        blends thereof.          September 18, 2015.      into interstate
                                                                 Closed cell foam         commerce of virgin
                                                                 products and products    HCFC-22 and HCFC-142b
                                                                 containing closed cell   for foam blowing is
                                                                 foams manufactured       prohibited after
                                                                 with these substitutes   January 1, 2010 under
                                                                 on or before December    EPA's regulations at
                                                                 1, 2017 may be used      40 CFR part 82 subpart
                                                                 after that date.         A unless used,
                                                                                          recovered, and
                                                                                          recycled. These
                                                                                          compounds have ODPs of
                                                                                          0.055 and 0.065,
                                                                                          respectively.
Flexible Polyurethane................  HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
                                        HFC-365mfc, and blends   January 1, 2017,         agents have global
                                        thereof.                 except where allowed     warming potentials
                                                                 under a narrowed use     (GWPs) ranging from
                                                                 limit.                   725 to 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.
Polystyrene: Extruded Sheet..........  HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
                                        HFC-365mfc, and blends   January 1, 2017,         agents have GWPs
                                        thereof; Formacel TI,    except where allowed     ranging from higher
                                        and Formacel Z-6.        under a narrowed use     than 370 to
                                                                 limit.                   approximately 1,500.
                                                                Closed cell foam          Other substitutes will
                                                                 products and products    be available for this
                                                                 containing closed cell   end-use with lower
                                                                 foams manufactured       overall risk to human
                                                                 with these substitutes   health and the
                                                                 on or before December    environment by the
                                                                 1, 2017 may be used      status change date.
                                                                 after that date.
Phenolic Insulation Board and          HFC-143a, HFC-134a, HFC- Unacceptable as of       These foam blowing
 Bunstock.                              245fa, HFC-365mfc, and   January 1, 2017,         agents have GWPs
                                        blends thereof.          except where allowed     ranging from 725 to
                                                                 under a narrowed use     4,470. Other
                                                                 limit.                   substitutes will be
                                                                Closed cell foam          available for this end-
                                                                 products and products    use with lower overall
                                                                 containing closed cell   risk to human health
                                                                 foams manufactured       and the environment by
                                                                 with these substitutes   the status change
                                                                 on or before December    date.
                                                                 1, 2017 may be used
                                                                 after that date.

[[Page 294]]

 
Integral Skin Polyurethane...........  HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
                                        HFC-365mfc, and blends   January 1, 2017,         agents have GWPs
                                        thereof; Formacel TI,    except where allowed     ranging from higher
                                        and Formacel Z-6.        under a narrowed use     than 370 to
                                                                 limit.                   approximately 1,500.
                                                                                          Other substitutes will
                                                                                          be available for this
                                                                                          end-use with lower
                                                                                          overall risk to human
                                                                                          health and the
                                                                                          environment by the
                                                                                          status change date.
Rigid Polyurethane: Slabstock and      HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 Other.                                 HFC-365mfc and blends    January 1, 2019,         agents have GWPs
                                        thereof; Formacel TI,    except where allowed     ranging from higher
                                        and Formacel Z-6.        under a narrowed use     than 370 to
                                                                 limit.                   approximately 1,500.
                                                                Closed cell foam          Other substitutes will
                                                                 products and products    be available for this
                                                                 containing closed cell   end-use with lower
                                                                 foams manufactured       overall risk to human
                                                                 with these substitutes   health and the
                                                                 on or before January     environment by the
                                                                 1, 2019, may be used     status change date.
                                                                 after that date.
Rigid Polyurethane and                 HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 Polyisocyanurate Laminated             HFC-365mfc and blends    January 1, 2017,         agents have GWPs
 Boardstock.                            thereof.                 except where allowed     ranging from 725 to
                                                                 under a narrowed use     1,430. Other
                                                                 limit.                   substitutes will be
                                                                Closed cell foam          available for this end-
                                                                 products and products    use with lower overall
                                                                 containing closed cell   risk to human health
                                                                 foams manufactured       and the environment by
                                                                 with these substitutes   the status change
                                                                 on or before December    date.
                                                                 1, 2017 may be used
                                                                 after that date.
Rigid Polyurethane: Marine Flotation   HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 Foam.                                  HFC-365mfc and blends    January 1, 2020 except   agents have GWPs
                                        thereof; Formacel TI,    where allowed under a    ranging from higher
                                        and Formacel Z-6.        narrowed use limit.      than 370 to
                                                                Closed cell foam          approximately 1,500.
                                                                 products and products    Other substitutes will
                                                                 containing closed cell   be available for this
                                                                 foams manufactured       end-use with lower
                                                                 with these substitutes   overall risk to human
                                                                 on or before January     health and the
                                                                 1, 2020, may be used     environment by the
                                                                 after that date.         status change date.
Rigid Polyurethane: Commercial         HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 Refrigeration and Sandwich Panels.     HFC-365mfc, and blends   January 1, 2020 except   agents have GWPs
                                        thereof; Formacel TI,    where allowed under a    ranging from higher
                                        and Formacel Z-6.        narrowed use limit.      than 370 to
                                                                Closed cell foam          approximately 1,500.
                                                                 products and products    Other substitutes will
                                                                 containing closed cell   be available for this
                                                                 foams manufactured       end-use with lower
                                                                 with these substitutes   overall risk to human
                                                                 on or before January     health and the
                                                                 1, 2020, may be used     environment by the
                                                                 after that date.         status change date.

[[Page 295]]

 
Rigid Polyurethane: Appliance........  HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
                                        HFC-365mfc and blends    January 1, 2020,         agents have GWPs
                                        thereof; Formacel TI,    except where allowed     ranging from higher
                                        and Formacel Z-6.        under a narrowed use     than 370 to
                                                                 limit.                   approximately 1,500.
                                                                Closed cell foam          Other substitutes will
                                                                 products and products    be available for this
                                                                 containing closed cell   end-use with lower
                                                                 foams manufactured       overall risk to human
                                                                 with these substitutes   health and the
                                                                 on or before January     environment by the
                                                                 1, 2020, may be used     status change date.
                                                                 after that date.
Polystyrene: Extruded Boardstock and   HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 Billet.                                HFC-365mfc, and blends   January 1, 2021,         agents have GWPs
                                        thereof; Formacel TI,    except where allowed     ranging from higher
                                        Formacel B, and          under a narrowed use     than 140 to
                                        Formacel Z-6.            limit.                   approximately 1,500.
                                                                Closed cell foam          Other substitutes will
                                                                 products and products    be available for this
                                                                 containing closed cell   end-use with lower
                                                                 foams manufactured       overall risk to human
                                                                 with these substitutes   health and the
                                                                 on or before January     environment by the
                                                                 1, 2021, may be used     status change date.
                                                                 after that date.
Polyolefin...........................  HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
                                        HFC-365mfc, and blends   January 1, 2020,         agents have GWPs
                                        thereof; Formacel TI,    except where allowed     ranging from higher
                                        and Formacel Z-6.        under a narrowed use     than 370 to
                                                                 limit.                   approximately 1,500.
                                                                Closed cell foam          Other substitutes will
                                                                 products and products    be available for this
                                                                 containing closed cell   end-use with lower
                                                                 foams manufactured       overall risk to human
                                                                 with these substitutes   health and the
                                                                 on or before January     environment by the
                                                                 1, 2020, may be used     status change date.
                                                                 after that date.
----------------------------------------------------------------------------------------------------------------


                   Fire Suppression and Explosion Protection Agents--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision             Further information
----------------------------------------------------------------------------------------------------------------
Total Flooding.....................  HCFC-22...............  Unacceptable effective  Use or introduction into
                                                              September 18, 2015.     interstate commerce of
                                                                                      virgin HCFC-22 for total
                                                                                      flooding fire suppression
                                                                                      and explosion protection
                                                                                      is prohibited as of
                                                                                      January 1, 2010 under
                                                                                      EPA's regulations at 40
                                                                                      CFR part 82 subpart A.
                                                                                      This chemical has an ozone
                                                                                      depletion potential of
                                                                                      0.055.
----------------------------------------------------------------------------------------------------------------


                                      Sterilants--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision             Further information
----------------------------------------------------------------------------------------------------------------
Sterilants.........................  Blends containing HCFC- Unacceptable effective  Use or introduction into
                                      22.                     September 18, 2015.     interstate commerce of
                                                                                      virgin HCFC-22 for
                                                                                      sterilants is prohibited
                                                                                      as of January 1, 2010
                                                                                      under EPA's regulations at
                                                                                      40 CFR part 82 subpart A.
                                                                                      This chemical has an ozone
                                                                                      depletion potential of
                                                                                      0.055.
----------------------------------------------------------------------------------------------------------------


[[Page 296]]


                             Adhesives, Coatings and Inks--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision             Further information
----------------------------------------------------------------------------------------------------------------
Adhesives, coatings and inks.......  HCFC-141b and blends    Unacceptable effective  Use or introduction into
                                      thereof.                September 18, 2015.     interstate commerce of
                                                                                      virgin HCFC-141b for
                                                                                      adhesives, coatings and
                                                                                      inks is prohibited as of
                                                                                      January 1, 2015 under
                                                                                      EPA's regulations at 40
                                                                                      CFR part 82 subpart A.
                                                                                      This chemical has an ozone
                                                                                      depletion potential of
                                                                                      0.11.
----------------------------------------------------------------------------------------------------------------


[80 FR 42953, July 20, 2015, as amended at 81 FR 86885, Dec. 1, 2016]

[[Page 297]]

     Appendix V to Subpart G of Part 82--Substitutes Subject to Use 
Restrictions and Unacceptable Substitutes Listed in the December 1, 2016 
                               Final Rule

                               Refrigerants--Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Further
           End-use                Substitute        Decision             Use conditions            information
----------------------------------------------------------------------------------------------------------------
Commercial ice machines (self- Propane (R-290)  Acceptable,      As of January 3, 2017:          Applicable OSHA
 contained) (new only).                          subject to use  This refrigerant may be used     requirements
                                                 conditions.      only in new equipment           at 29 CFR part
                                                                  designed specifically and       1910 must be
                                                                  clearly identified for the      followed,
                                                                  refrigerant--i.e., this         including
                                                                  refrigerant may not be used     those at 29
                                                                  as a conversion or              CFR 1910.106
                                                                  ``retrofit'' refrigerant for    (flammable and
                                                                  existing equipment.             combustible
                                                                                                  liquids),
                                                                                                  1910.110
                                                                                                  (storage and
                                                                                                  handling of
                                                                                                  liquefied
                                                                                                  petroleum
                                                                                                  gases),
                                                                                                  1910.157
                                                                                                  (portable fire
                                                                                                  extinguishers)
                                                                                                  , and
                                                                                                  1910.1000
                                                                                                  (toxic and
                                                                                                  hazardous
                                                                                                  substances).
 
                                                                 This refrigerant may be used
                                                                  only in self-contained
                                                                  commercial ice machines that
                                                                  meet all requirements listed
                                                                  in Supplement SA to UL 563.\1
                                                                  2 5\ In cases where this rule
                                                                  includes requirements more
                                                                  stringent than those in UL
                                                                  563, the equipment must meet
                                                                  the requirements of the final
                                                                  rule in place of the
                                                                  requirements in the UL
                                                                  Standard.
 
                                                                 The charge size must not        Proper
                                                                  exceed 150g (5.29 oz) in each   ventilation
                                                                  refrigerant circuit of a        should be
                                                                  commercial ice machine.         maintained at
                                                                                                  all times
                                                                                                  during
 
                                                                 As provided in clauses SA6.1.1   the
                                                                  and SA6.1.2 of UL 563, the      manufacture
                                                                  following markings must be      and storage of
                                                                  attached at the locations       equipment
                                                                  provided and must be            containing
                                                                  permanent:.                     hydrocarbon
                                                                                                  refrigerants
                                                                                                  through
 
                                                                 (a) ``DANGER--Risk of Fire or    adherence to
                                                                  Explosion. Flammable            good
                                                                  Refrigerant Used. Do Not Use    manufacturing
                                                                  Mechanical Devices To Defrost   practices as
                                                                  Refrigerator. Do Not Puncture   per 29 CFR
                                                                  Refrigerant Tubing.'' This      1910.106. If
                                                                  marking must be provided on     refrigerant
                                                                  or near any evaporators that    levels in the
                                                                  can be contacted by the         air
                                                                  consumer.                       surrounding
                                                                                                  the equipment
                                                                                                  rise above one-
 
 
                                                                 (b) ``DANGER--Risk of Fire or    fourth of the
                                                                  Explosion. Flammable            lower
                                                                  Refrigerant Used. To Be         flammability
                                                                  Repaired Only By Trained        limit, the
                                                                  Service Personnel. Do Not       space should
                                                                  Puncture Refrigerant            be evacuated
                                                                  Tubing.'' This marking must     and re-entry
                                                                  be located near the machine     should occur
                                                                  compartment.                    only after the
                                                                                                  space has been
                                                                                                  properly
                                                                                                  ventilated.
 
                                                                 (c) ``CAUTION--Risk of Fire or  ...............
                                                                  Explosion. Flammable           Technicians and
                                                                  Refrigerant Used. Consult       equipment
                                                                  Repair Manual/Owner's Guide     manufacturers
                                                                  Before Attempting To Service    should wear
                                                                  This Product. All Safety        appropriate
                                                                  Precautions Must be             personal
                                                                  Followed.'' This marking must   protective
                                                                  be located near the machine     equipment,
                                                                  compartment.                    including
 
                                                                 (d) ``CAUTION--Risk of Fire or   chemical
                                                                  Explosion. Dispose of           goggles and
                                                                  Properly In Accordance With     protective
                                                                  Federal Or Local Regulations.   gloves, when
                                                                  Flammable Refrigerant Used.''   handling
                                                                  This marking must be provided   propane.
                                                                  on the exterior of the          Special care
                                                                  refrigeration equipment.        should be
                                                                                                  taken to avoid
                                                                                                  contact with

[[Page 298]]

 
 
                                                                 (e) ``CAUTION--Risk of Fire or   the skin since
                                                                  Explosion Due To Puncture Of    propane, like
                                                                  Refrigerant Tubing; Follow      many
                                                                  Handling Instructions           refrigerants,
                                                                  Carefully. Flammable            can cause
                                                                  Refrigerant Used.'' This        freeze burns
                                                                  marking must be provided near   on the skin.
                                                                  all exposed refrigerant
                                                                  tubing.
 
                                                                 All of these markings must be   A Class B dry
                                                                  in letters no less than 6.4     powder type
                                                                  mm (\1/4\ inch) high.           fire
                                                                 The equipment must have red      extinguisher
                                                                  Pantone Matching System.        should be kept
                                                                                                  nearby.

[[Page 299]]

 
 
                                                                  (PMS) 185 marked      Technicians
                                                                  pipes, hoses, or other          should only
                                                                  devices through which the       use spark-
                                                                  refrigerant passes, to          proof tools
                                                                  indicate the use of a           when working
                                                                  flammable refrigerant. This     on equipment
                                                                  color must be applied at all    with propane.
                                                                  service ports and other parts  Any recovery
                                                                  of the system where service     equipment used
                                                                  puncturing or other actions     should be
                                                                  creating an opening from the    designed for
                                                                  refrigerant circuit to the      flammable
                                                                  atmosphere might be expected    refrigerants.
                                                                  and must extend a minimum of   Any refrigerant
                                                                  one (1) inch in both            releases
                                                                  directions from such            should be in a
                                                                  locations.                      well-
                                                                                                  ventilated
                                                                                                  area, such as
                                                                                                  outside of a
                                                                                                  building.
                                                                                                 Only
                                                                                                  technicians
                                                                                                  specifically
                                                                                                  trained in
                                                                                                  handling
                                                                                                  flammable
                                                                                                  refrigerants
                                                                                                  should service
                                                                                                  equipment
                                                                                                  containing
                                                                                                  propane.
                                                                                                  Technicians
                                                                                                  should gain an
                                                                                                  understanding
                                                                                                  of minimizing
                                                                                                  the risk of
                                                                                                  fire and the
                                                                                                  steps to use
                                                                                                  flammable
                                                                                                  refrigerants
                                                                                                  safely.
                                                                                                 Room occupants
                                                                                                  should
                                                                                                  evacuate the
                                                                                                  space
                                                                                                  immediately
                                                                                                  following the
                                                                                                  accidental
                                                                                                  release of
                                                                                                  this
                                                                                                  refrigerant.
                                                                                                 If a service
                                                                                                  port is added
                                                                                                  then,
                                                                                                  commercial ice
                                                                                                  machines or
                                                                                                  equipment
                                                                                                  using propane
                                                                                                  should have
                                                                                                  service
                                                                                                  aperture
                                                                                                  fittings that
                                                                                                  differ from
                                                                                                  fittings used
                                                                                                  in equipment
                                                                                                  or containers
                                                                                                  using non-
                                                                                                  flammable
                                                                                                  refrigerant.
                                                                                                  ``Differ''
                                                                                                  means that
                                                                                                  either the
                                                                                                  diameter
                                                                                                  differs by at
                                                                                                  least \1/16\
                                                                                                  inch or the
                                                                                                  thread
                                                                                                  direction is
                                                                                                  reversed
                                                                                                  (i.e., right-
                                                                                                  handed vs.
                                                                                                  left-handed).
                                                                                                  These
                                                                                                  different
                                                                                                  fittings
                                                                                                  should be
                                                                                                  permanently
                                                                                                  affixed to the
                                                                                                  unit at the
                                                                                                  point of
                                                                                                  service and
                                                                                                  maintained
                                                                                                  until the end-
                                                                                                  of-life of the
                                                                                                  unit, and
                                                                                                  should not be
                                                                                                  accessed with
                                                                                                  an adaptor.

[[Page 300]]

 
Very low temperature           Propane (R-290)  Acceptable,      As of January 3, 2017:          Applicable OSHA
 refrigeration equipment (new                    subject to use  This refrigerant may be used     requirements
 only).                                          conditions.      only in new equipment           at 29 CFR part
                                                                  designed specifically and       1910 must be
                                                                  clearly identified for the      followed,
                                                                  refrigerant--i.e., this         including
                                                                  refrigerant may not be used     those at 29
                                                                  as a conversion or              CFR 1910.106
                                                                  ``retrofit'' refrigerant for    (flammable and
                                                                  existing equipment.             combustible
                                                                                                  liquids),
                                                                                                  1910.110
                                                                                                  (storage and
                                                                                                  handling of
                                                                                                  liquefied
                                                                                                  petroleum
                                                                                                  gases),
                                                                                                  1910.157
                                                                                                  (portable fire
                                                                                                  extinguishers)
                                                                                                  , and
                                                                                                  1910.1000
                                                                                                  (toxic and
                                                                                                  hazardous
                                                                                                  substances).
 
                                                                 This refrigerant may be used
                                                                  only in self-contained
                                                                  commercial ice machines that
                                                                  meet all requirements listed
                                                                  in Supplement SA to UL 563.\1
                                                                  2 5\ In cases where this rule
                                                                  includes requirements more
                                                                  stringent than those in UL
                                                                  563, the equipment must meet
                                                                  the requirements of the final
                                                                  rule in place of the
                                                                  requirements in the UL
                                                                  Standard.
 
                                                                 The charge size for the         Proper
                                                                  equipment must not exceed 150   ventilation
                                                                  grams (5.29 ounces) in each     should be
                                                                  refrigerant circuit of the      maintained at
                                                                  very low temperature            all times
                                                                  refrigeration equipment.        during the
                                                                                                  manufacture
                                                                                                  and storage
 
                                                                 As provided in clauses SA6.1.1   of equipment
                                                                  and SA6.1.2 of UL 563, the      containing
                                                                  following markings must be      hydrocarbon
                                                                  attached at the locations       refrigerants
                                                                  provided and must be            through
                                                                  permanent:.                     adherence to
                                                                                                  good manufac-
 
                                                                 (a) ``DANGER--Risk of Fire or    turing
                                                                  Explosion. Flammable            practices as
                                                                  Refrigerant Used. Do Not Use    per 29 CFR
                                                                  Mechanical Devices To Defrost   1910.106. If
                                                                  Refrigerator. Do Not Puncture   refrigerant
                                                                  Refrigerant Tubing.'' This      levels in the
                                                                  marking must be provided on     air
                                                                  or near any evaporators that    surrounding
                                                                  can be contacted by the         the equipment
                                                                  consumer.                       rise above one-
                                                                                                  fourth of the
                                                                                                  lower
                                                                                                  flammability
 
                                                                 (b) ``DANGER--Risk of Fire or    limit, the
                                                                  Explosion. Flammable            space should
                                                                  Refrigerant Used. To Be         be evacuated
                                                                  Repaired Only By Trained        and re-entry
                                                                  Service Personnel. Do Not       should occur
                                                                  Puncture Refrigerant            only after the
                                                                  Tubing.'' This marking must     space has been
                                                                  be located near the machine     properly
                                                                  compartment.                    ventilated.
 
                                                                 (c) ``CAUTION--Risk of Fire or  Technicians and
                                                                  Explosion. Flammable            equipment
                                                                  Refrigerant Used. Consult       manufacturers
                                                                  Repair Manual/Owner's Guide     should wear
                                                                  Before Attempting To Service    appropriate
                                                                  This Product. All Safety        personal
                                                                  Precautions Must be             protective
                                                                  Followed.'' This marking must   equipment,
                                                                  be located near the machine     including
                                                                  compartment.                    chemical
                                                                                                  goggles and
                                                                                                  protec-
 
                                                                 (d) ``CAUTION--Risk of Fire or   tive gloves,
                                                                  Explosion. Dispose of           when handling
                                                                  Properly In Accordance With     propane.
                                                                  Federal Or Local Regulations.   Special care
                                                                  Flammable Refrigerant Used.''   should be
                                                                  This marking must be provided   taken to avoid
                                                                  on the exterior of the          contact with
                                                                  refrigeration equipment.        the skin since
                                                                                                  propane, like
                                                                                                  many
                                                                                                  refrigerants,
                                                                                                  can cause
                                                                                                  freeze burns
                                                                                                  on the skin.

[[Page 301]]

 
 
                                                                 (e) ``CAUTION--Risk of Fire or  A Class B dry
                                                                  Explosion Due To Puncture Of    powder type
                                                                  Refrigerant Tubing; Follow      fire
                                                                  Handling Instructions           extinguisher
                                                                  Carefully. Flammable            should be kept
                                                                  Refrigerant Used.'' This        nearby.
                                                                  marking must be provided near  Technicians
                                                                  all exposed refrigerant         should only
                                                                  tubing.                         use
 
                                                                 All of these markings must be    spark-proof
                                                                  in letters no less than 6.4     tools when
                                                                  mm (\1/4\ inch) high.           working on
                                                                                                  equipment with
                                                                                                  pro-
 
                                                                 The equipment must have red      pane.
                                                                  Pantone Matching System (PMS)  Any recovery
                                                                  185 marked pipes,      equipment used
                                                                  hoses, or other devices         should be
                                                                  through which the refrigerant   designed for
                                                                  passes, to indicate the use     flammable
                                                                  of a flammable refrigerant.     refrigerants.
                                                                  This color must be applied at  Any refrigerant
                                                                  all service ports and other     releases
                                                                  parts of the system where       should be in a
                                                                  service puncturing or other     well-
                                                                  actions creating an opening     ventilated
                                                                  from the refrigerant circuit    area, such as
                                                                  to the atmosphere might be      outside of a
                                                                  expected and must extend a      building.
                                                                  minimum of one (1) inch in     Only
                                                                  both directions from such       technicians
                                                                  locations.                      specifically
                                                                                                  trained in
                                                                                                  handling
                                                                                                  flammable
                                                                                                  refrigerants
                                                                                                  should service
                                                                                                  equipment
                                                                                                  containing
                                                                                                  propane.
                                                                                                  Technicians
                                                                                                  should gain an
                                                                                                  understanding
                                                                                                  of minimizing
                                                                                                  the risk of
                                                                                                  fire and the
                                                                                                  steps to use
                                                                                                  flammable
                                                                                                  refrigerants
                                                                                                  safely.
                                                                                                 Room occupants
                                                                                                  should
                                                                                                  evacuate the
                                                                                                  space
                                                                                                  immediately
                                                                                                  following the
                                                                                                  accidental
                                                                                                  release of
                                                                                                  this
                                                                                                  refrigerant.
 
                                                                                                 If a service
                                                                                                  port is added
                                                                                                  then,
                                                                                                  commercial ice
                                                                                                  machines or
                                                                                                  equipment
                                                                                                  using propane
                                                                                                  should have
                                                                                                  service
                                                                                                  aperture
                                                                                                  fittings that
                                                                                                  differ from
                                                                                                  fittings used
                                                                                                  in equipment
                                                                                                  or containers
                                                                                                  using non-
                                                                                                  flammable
                                                                                                  refrigerant.
                                                                                                  ``Differ''
                                                                                                  means that
                                                                                                  either the
                                                                                                  diameter
                                                                                                  differs by at
                                                                                                  least \1/16\
                                                                                                  inch or the
                                                                                                  thread
                                                                                                  direction is
                                                                                                  reversed
                                                                                                  (i.e., right-
                                                                                                  handed vs.
                                                                                                  left-handed).

[[Page 302]]

 
                                                                                                  These
                                                                                                  different
                                                                                                  fittings
                                                                                                  should be
                                                                                                  permanently
                                                                                                  affixed to the
                                                                                                  unit at the
                                                                                                  point of
                                                                                                  service and
                                                                                                  maintained
                                                                                                  until the end-
                                                                                                  of-life of the
                                                                                                  unit, and
                                                                                                  should not be
                                                                                                  accessed with
                                                                                                  an adaptor.
Water coolers (new only).....  Propane (R-290)  Acceptable,      As of January 3, 2017:          Applicable OSHA
                                                 subject to use  This refrigerant may be used     requirements
                                                 conditions.      only in new equipment           at 29 CFR part
                                                                  designed specifically and       1910 must be
                                                                  clearly identified for the      followed,
                                                                  refrigerant--i.e., this         including
                                                                  refrigerant may not be used     those at 29
                                                                  as a conversion or              CFR 1910.94
                                                                  ``retrofit'' refrigerant for    (ventilation)
                                                                  existing equipment.             and 1910.106
                                                                 This refrigerant may be used     (flammable and
                                                                  only in water coolers that      combustible
                                                                  meet all requirements listed    liquids),
                                                                  in Supplement SB to UL 399 \1   1910.110
                                                                  2 3\ In cases where the rule    (storage and
                                                                  includes requirements more      handling of
                                                                  stringent than those of the     liquefied
                                                                  UL 399, the appliance must      petroleum
                                                                  meet the requirements of the    gases),
                                                                  final rule in place of the      1910.157
                                                                  requirements in the UL          (portable fire
                                                                  Standard.                       extin-
                                                                                                  guishers), and
                                                                                                  1910.1000
                                                                                                  (toxic and
                                                                                                  hazardous
                                                                                                  substances).
 
                                                                 The charge size must not        Proper
                                                                  exceed 60 grams (2.12 ounces)   ventilation
                                                                  per refrigerant circuit in      should be
                                                                  the water cooler.               maintained at
                                                                 The equipment must have red      all times
                                                                  PMS 185 marked         during the
                                                                  pipes, hoses, or other          manufacture
                                                                  devices through which the       and storage of
                                                                  refrigerant passes, to          equipment
                                                                  indicate the use of a           containing
                                                                  flammable refrigerant. This     hydrocarbon
                                                                  color must be applied at all    refrigerants
                                                                  service ports and other parts   through
                                                                  of the system where service     adherence to
                                                                  puncturing or other actions     good
                                                                  creating an opening from the    manufacturing
                                                                  refrigerant circuit to the      practices as
                                                                  atmosphere might be expected    per 29 CFR
                                                                  and must extend a minimum of    1910.106. If
                                                                  one (1) inch in both            refrigerant
                                                                  directions from such            levels in the
                                                                  locations.                      air
                                                                 As provided in clauses SB6.1.2   surrounding
                                                                  to SB6.1.5 of UL 399, the       the equipment
                                                                  following markings must be      rise above one-
                                                                  attached at the locations       fourth of the
                                                                  provided and must be            lower
                                                                  permanent:.                     flammability
                                                                 (a) ``DANGER--Risk of Fire or    limit, the
                                                                  Explosion. Flammable            space should
                                                                  Refrigerant Used. Do Not Use    be evacuated
                                                                  Mechanical Devices To Defrost   and re-entry
                                                                  Refrigerator. Do Not Puncture   should occur
                                                                  Refrigerant Tubing.'' This.     only after the
                                                                                                  space has been
                                                                                                  properly
                                                                                                  ventilated.

[[Page 303]]

 
                                                                                                 Technicians and
                                                                  marking must be provided on     equipment
                                                                  or near any evaporators that    manufacturers
                                                                  can be contacted by the         should wear
                                                                  consumer.                       appropriate
                                                                 (b) ``DANGER--Risk of Fire or    personal
                                                                  Explosion. Flammable            protective
                                                                  Refrigerant Used. To Be         equipment,
                                                                  Repaired Only By Trained        including
                                                                  Service Personnel. Do Not       chemical
                                                                  Puncture Refrigerant            goggles and
                                                                  Tubing.'' This marking must     protective
                                                                  be located near the machine     gloves, when
                                                                  compartment.                    handling
                                                                                                  propane.
                                                                                                  Special care
                                                                                                  should be
                                                                                                  taken to avoid
                                                                                                  contact with
                                                                                                  the skin since
                                                                                                  propane, like
                                                                                                  many
                                                                                                  refrigerants,
                                                                                                  can cause
                                                                                                  freeze burns
                                                                                                  on the skin.
 
                                                                 (c) ``CAUTION--Risk of Fire or  A Class B dry
                                                                  Explosion. Flammable            powder type
                                                                  Refrigerant Used. Consult       fire
                                                                  Repair Manual/Owner's Guide     extinguisher
                                                                  Before Attempting To Service    should be kept
                                                                  This Product. All Safety        nearby.
                                                                  Precautions Must be            Technicians
                                                                  Followed.'' This marking must   should only
                                                                  be located near the machine     use spark-
                                                                  compartment.                    proof tools
                                                                                                  when work-
 
                                                                 (d) ``CAUTION--Risk of Fire or   ing on
                                                                  Explosion. Dispose of           equipment with
                                                                  Properly In Accordance With     flammable
                                                                  Federal Or Local Regulations.   refrigerants.
                                                                  Flammable Refrigerant Used.''  Any recovery
                                                                  This marking must be provided   equipment used
                                                                  on the exterior of the          should be
                                                                  refrigeration equipment.        designed for
                                                                                                  flam-

[[Page 304]]

 
 
                                                                 (e) ``CAUTION--Risk of Fire or   mable
                                                                  Explosion Due To Puncture Of    refrigerants.
                                                                  Refrigerant Tubing; Follow     Any refrigerant
                                                                  Handling Instructions           releases
                                                                  Carefully. Flammable            should be in a
                                                                  Refrigerant Used.'' This        well-
                                                                  marking must be provided near   ventilated
                                                                  all exposed refrigerant         area, such as
                                                                  tubing.                         outside of a
                                                                                                  building.
                                                                                                 Only
                                                                                                  technicians
                                                                                                  specifically
                                                                                                  trained in
                                                                                                  handling
                                                                                                  flammable
                                                                                                  refrigerants
                                                                                                  should service
                                                                                                  equipment
                                                                                                  containing
                                                                                                  propane.
                                                                                                  Technicians
                                                                                                  should gain an
                                                                                                  understanding
                                                                                                  of minimizing
                                                                                                  the risk of
                                                                                                  fire and the
                                                                                                  steps to use
                                                                                                  flammable
                                                                                                  refrigerants
                                                                                                  safely.
                                                                                                 Room occupants
                                                                                                  should
                                                                                                  evacuate the
                                                                                                  space
                                                                                                  immediately
                                                                                                  following the
                                                                                                  accidental
                                                                                                  release of
                                                                                                  this
                                                                                                  refrigerant.
                                                                                                 If a service
                                                                                                  port is added,
                                                                                                  then water
                                                                                                  coolers or
                                                                                                  equipment
                                                                                                  using propane
                                                                                                  should have
                                                                                                  service
                                                                                                  aperture
                                                                                                  fittings that
                                                                                                  differ from
                                                                                                  fittings used
                                                                                                  in equipment
                                                                                                  or containers
                                                                                                  using non-
                                                                                                  flammable
                                                                                                  refrigerant.
                                                                                                  ``Differ''
                                                                                                  means that
                                                                                                  either the
                                                                                                  diameter
                                                                                                  differs by at
                                                                                                  least \1/16\
                                                                                                  inch or the
                                                                                                  thread
                                                                                                  direction is
                                                                                                  reversed
                                                                                                  (i.e., right-
                                                                                                  handed vs.
                                                                                                  left-handed).
                                                                                                  These
                                                                                                  different

[[Page 305]]

 
                                                                                                  fittings
                                                                                                  should be
                                                                                                  permanently
                                                                                                  affixed to the
                                                                                                  unit at the
                                                                                                  point of
                                                                                                  service and
                                                                                                  maintained
                                                                                                  until the end-
                                                                                                  of-life of the
                                                                                                  unit, and
                                                                                                  should not be
                                                                                                  accessed with
                                                                                                  an adaptor.
----------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR
  part 51). You may inspect a copy 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
  questions regarding access to these standards, the telephone number of EPA's Air and Radiation Docket is 202-
  566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://
  www.archives.gov/ federal_register/ code_ of_ federal_ regulations/ ibr_locations. html.
\2\ You may obtain the material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue,
  Bensenville, IL 60106; [email protected]; 1- 888-853-3503 in the U.S. or Canada (other countries dial +1-
  415- 352-2168); http://ulstandards.ul.com/ or www.comm-2000.com.
\3\ UL 399, Standard for Safety: DrinkingWater Coolers.--Supplement SB: Requirements for Drinking Water Coolers
  Employing a Flammable Refrigerant in the Refrigerating System, 7th edition, Dated August 22, 2008, including
  revisions through October 17, 2013.
\4\ UL 471, Standard for Safety: Commercial Refrigerators and Freezers--Supplement SB: Requirements for
  Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System, 10th edition, Dated
  November 24, 2010.
\5\ UL 563, Standard for Safety: Ice Makers.--Supplement SA: Requirements for Ice Makers Employing a Flammable
  Refrigerant in the Refrigerating System, 8th edition, Dated July 31, 2009, including revisions through
  November 29, 2013.


                       Refrigerants--Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
            End-use                Substitutes        Decision       Narrowed use limits    Further information
----------------------------------------------------------------------------------------------------------------
Centrifugal chillers (new       HFC-134a........  Acceptable        Acceptable after       Users are required to
 only).                                            subject to        January 1, 2024,       document and retain
                                                   narrowed use      only in military       the results of their
                                                   limits.           marine vessels where   technical
                                                                     reasonable efforts     investigation of
                                                                     have been made to      alternatives for the
                                                                     ascertain that other   purpose of
                                                                     alternatives are not   demonstrating
                                                                     technically feasible   compliance.
                                                                     due to performance     Information should
                                                                     or safety              include descriptions
                                                                     requirements.          of:
                                                                                           
                                                                                            Application in which
                                                                                            the substitute is
                                                                                            needed;
                                                                                           
                                                                                            Substitutes examined
                                                                                            and rejected;
                                                                                           
                                                                                            Reason for rejection
                                                                                            of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and qualified and
                                                                                            projected time for
                                                                                            switching.

[[Page 306]]

 
Centrifugal chillers (new       HFC-134a and R-   Acceptable        Acceptable after       Users are required to
 only).                          404A.             subject to        January 1, 2024,       document and retain
                                                   narrowed use      only in human-rated    the results of their
                                                   limits.           spacecraft and         technical
                                                                     related support        investigation of
                                                                     equipment where        alternatives for the
                                                                     reasonable efforts     purpose of
                                                                     have been made to      demonstrating
                                                                     ascertain that other   compliance.
                                                                     alternatives are not   Information should
                                                                     technically feasible   include descriptions
                                                                     due to performance     of:
                                                                     or safety             
                                                                     requirements.          Application in which
                                                                                            the substitute is
                                                                                            needed;
                                                                                           
                                                                                            Substitutes examined
                                                                                            and rejected;
                                                                                           
                                                                                            Reason for rejection
                                                                                            of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and qualified and
                                                                                            projected time for
                                                                                            switching.
Positive displacement chillers  HFC-134a........  Acceptable        Acceptable after       Users are required to
 (new only).                                       subject to        January 1, 2024,       document and retain
                                                   narrowed use      only in military       the results of their
                                                   limits.           marine vessels where   technical
                                                                     reasonable efforts     investigation of
                                                                     have been made to      alternatives for the
                                                                     ascertain that other   purpose of
                                                                     alternatives are not   demonstrating
                                                                     technically feasible   compliance.
                                                                     due to performance     Information should
                                                                     or safety              include descriptions
                                                                     requirements.          of:
                                                                                           
                                                                                            Application in which
                                                                                            the substitute is
                                                                                            needed;
                                                                                           
                                                                                            Substitutes examined
                                                                                            and rejected;
                                                                                           
                                                                                            Reason for rejection
                                                                                            of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and qualified and
                                                                                            projected time for
                                                                                            switching.

[[Page 307]]

 
Positive displacement chillers  HFC-134a and R-   Acceptable        Acceptable after       Users are required to
 (new only).                     404A.             subject to        January 1, 2024,       document and retain
                                                   narrowed use      only in human-rated    the results of their
                                                   limits.           spacecraft and         technical
                                                                     related support        investigation of
                                                                     equipment where        alternatives for the
                                                                     reasonable efforts     purpose of
                                                                     have been made to      demonstrating
                                                                     ascertain that other   compliance.
                                                                     alternatives are not   Information should
                                                                     technically feasible   include descriptions
                                                                     due to performance     of:
                                                                     or safety             
                                                                     requirements.          Application in which
                                                                                            the substitute is
                                                                                            needed;
                                                                                           
                                                                                            Substitutes examined
                                                                                            and rejected;
                                                                                           
                                                                                            Reason for rejection
                                                                                            of other
                                                                                            alternatives, e.g.,
                                                                                            performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and qualified and
                                                                                            projected time for
                                                                                            switching.
----------------------------------------------------------------------------------------------------------------


[[Page 308]]


                                     Refrigerants--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
               End-use                       Substitutes                Decision           Further information
----------------------------------------------------------------------------------------------------------------
Centrifugal chillers (new only)......  FOR12A, FOR12B, HFC-     Unacceptable as of       These refrigerants have
                                        134a, HFC-227ea, HFC-    January 1, 2024 except   GWPs ranging from
                                        236fa, HFC-245fa, R-     where allowed under a    approximately 900 to
                                        125/134a/600a (28.1/70/  narrowed use limit.      9,810. Other
                                        1.9), R-125/290/134a/                             alternatives will be
                                        600a (55.0/1.0/42.5/                              available for this end-
                                        1.5), R-404A, R-407C,                             use with lower overall
                                        R-410A, R-410B, R-                                risk to human health
                                        417A, R-421A, R-422B,                             and the environment by
                                        R-422C, R-422D, R-                                the status change
                                        423A, R-424A, R-434A,                             date.
                                        R-438A, R-507A, RS-44
                                        (2003 composition),
                                        and THR-03.
Centrifugal chillers (new only)......  Propylene (R-1270) and   Unacceptable as of       These refrigerants are
                                        R-443A.                  January 3, 2017.         highly photochemically
                                                                                          reactive in the lower
                                                                                          atmosphere and may
                                                                                          deteriorate local air
                                                                                          quality (that is, may
                                                                                          increase ground level
                                                                                          ozone). Other
                                                                                          alternatives are
                                                                                          available for this end-
                                                                                          use with lower overall
                                                                                          risk to human health
                                                                                          and the environment.
Cold storage warehouses (new only)...  HFC-227ea, R-125/290/    Unacceptable as of       These refrigerants have
                                        134a/600a (55.0/1.0/     January 1, 2023.         GWPs ranging from
                                        42.5/1.5), R-404A, R-                             approximately 2,090 to
                                        407A, R-407B, R-410A,                             3,990. Other
                                        R-410B, R-417A, R-                                alternatives will be
                                        421A, R-421B, R-422A,                             available for this end-
                                        R-422B, R-422C, R-                                use with lower overall
                                        422D, R-423A, R-424A,                             risk to human health
                                        R-428A, R-434A, R-                                and the environment by
                                        438A, R-507A, and RS-                             the status change
                                        44 (2003 composition).                            date.
Cold storage warehouses (new only)...  Propylene (R-1270) and   Unacceptable as of       These refrigerants are
                                        R-443A.                  January 3, 2017.         highly photochemically
                                                                                          reactive in the lower
                                                                                          atmosphere and may
                                                                                          deteriorate local air
                                                                                          quality (that is, may
                                                                                          increase ground level
                                                                                          ozone). Other
                                                                                          alternatives are
                                                                                          available for this end-
                                                                                          use with lower overall
                                                                                          risk to human health
                                                                                          and the environment.

[[Page 309]]

 
Household refrigerators and freezers   FOR12A, FOR12B, HFC-     Unacceptable as of       These refrigerants have
 (new only).                            134a, KDD6, R-125/290/   January 1, 2021.         GWPs ranging from
                                        134a/600a (55.0/1.0/                              approximately 900 to
                                        42.5/1.5), R-404A, R-                             3,985. Other
                                        407C, R-407F, R-410A,                             alternatives will be
                                        R-410B, R-417A, R-                                available for this end-
                                        421A, R-421B, R-422A,                             use with lower overall
                                        R-422B, R-422C, R-                                risk to human health
                                        422D, R-424A, R-426A,                             and the environment by
                                        R-428A, R-434A, R-                                the status change
                                        437A, R-438A, R-507A,                             date.
                                        RS-24 (2002
                                        formulation), RS-44
                                        (2003 formulation),
                                        SP34E, and THR-03.
Positive displacement chillers (new    FOR12A, FOR12B, HFC-     Unacceptable as of       These refrigerants have
 only).                                 134a, HFC-227ea, KDD6,   January 1, 2024 except   GWPs ranging from
                                        R-125/134a/600a (28.1/   where allowed under a    approximately 900 to
                                        70/1.9), R-125/290/      narrowed use limit.      3,985. Other
                                        134a/600a (55.0/1.0/                              alternatives will be
                                        42.5/1.5), R-404A, R-                             available for this end-
                                        407C, R-410A, R-410B,                             use with lower overall
                                        R-417A, R-421A, R-                                risk to human health
                                        422B, R-422C, R-422D,                             and the environment by
                                        R-424A, R-434A, R-                                the status change
                                        437A, R-438A, R-507A,                             date.
                                        RS-44 (2003
                                        composition), SP34E,
                                        and THR-03.
Positive displacement chillers (new    Propylene (R-1270) and   Unacceptable as of       These refrigerants are
 only).                                 R-443A.                  January 3, 2017.         highly photochemically
                                                                                          reactive in the lower
                                                                                          atmosphere and may
                                                                                          deteriorate local air
                                                                                          quality (that is, may
                                                                                          increase ground level
                                                                                          ozone). Other
                                                                                          alternatives are
                                                                                          available for this end-
                                                                                          use with lower overall
                                                                                          risk to human health
                                                                                          and the environment.
Residential and light commercial air   Propylene (R-1270) and   Unacceptable as of       These refrigerants are
 conditioning and heat pumps (new       R-443A.                  January 3, 2017.         highly photochemically
 only).                                                                                   reactive in the lower
                                                                                          atmosphere and may
                                                                                          deteriorate local air
                                                                                          quality (that is, may
                                                                                          increase ground level
                                                                                          ozone). Other
                                                                                          alternatives are
                                                                                          available for this end-
                                                                                          use with lower overall
                                                                                          risk to human health
                                                                                          and the environment.

[[Page 310]]

 
Residential and light commercial air   All refrigerants         Unacceptable as of       These refrigerants are
 conditioning--unitary split AC         identified as            January 3, 2017.         highly flammable and
 systems and heat pumps (retrofit       flammability Class 3                              present a flammability
 only).                                 in ANSI/ASHRAE                                    risk when used in
                                        Standard 34-2013 \1 2                             equipment designed for
                                        3\.                                               nonflammable
                                       All refrigerants                                   refrigerants. Other
                                        meeting the criteria                              alternatives are
                                        for flammability Class                            available for this end-
                                        3 in ANSI/ASHRAE                                  use with lower overall
                                        Standard 34-2013. This                            risk to human health
                                        includes, but is not                              and the environment.
                                        limited to,
                                        refrigerant products
                                        sold under the names R-
                                        22a, 22a, Blue Sky 22a
                                        refrigerant, Coolant
                                        Express 22a, DURACOOL-
                                        22a, EC-22, Ecofreeez
                                        EF-22a, Envirosafe
                                        22a, ES-22a, Frost
                                        22a, HC-22a, Maxi-
                                        Fridge, MX-22a, Oz-
                                        Chill 22a, Priority
                                        Cool, and RED TEK 22a.
Retail food refrigeration              HFC-227ea, KDD6, R-125/  Unacceptable as of       These refrigerants have
 (refrigerated food processing and      290/134a/600a (55.0/     January 1, 2021.         GWPs ranging from
 dispensing equipment) (new only).      1.0/42.5/1.5), R-404A,                            approximately 1,770 to
                                        R-407A, R-407B, R-                                3,990. Other
                                        407C, R-407F, R-410A,                             alternatives will be
                                        R-410B, R-417A, R-                                available for this end-
                                        421A, R-421B, R-422A,                             use with lower overall
                                        R-422B, R-422C, R-                                risk to human health
                                        422D, R-424A, R-428A,                             and the environment by
                                        R-434A, R-437A, R-                                the status change
                                        438A, R-507A, RS-44                               date.
                                        (2003 formulation).
----------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR
  part 51). You may inspect a copy 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
  questions regarding access to this standard, the telephone number of EPA's Air and Radiation Docket is 202-566-
  1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://
  www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
\2\ You may obtain this material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers
  (ASHRAE) 6300 Interfirst Drive, Ann Arbor, MI 48108; 1-800-527-4723 in the U.S. or Canada; http://
  www.techstreet.com/ashrae/ashrae_standards.html?ashrae_auth_token=.
\3\ ANSI/ASHRAE Standard 34-2013, Designation and Safety Classification of Refrigerants, 2013.


[[Page 311]]


                   Foam Blowing Agents--Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
            End-use                Substitutes        Decision       Narrowed use limits    Further information
----------------------------------------------------------------------------------------------------------------
Rigid PU: Spray foam--high-     HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 pressure two-component.         245fa, and        subject to        January 1, 2020,       document and retain
                                 blends thereof;   narrowed use      until January 1,       the results of their
                                 blends of HFC-    limits.           2025, only in          technical
                                 365mfc with at                      military or space-     investigation of
                                 least four                          and aeronautics-       alternatives for the
                                 percent HFC-                        related applications   purpose of
                                 245fa, and                          where reasonable       demonstrating
                                 commercial                          efforts have been      compliance.
                                 blends of HFC-                      made to ascertain      Information should
                                 365mfc with                         that other             include descriptions
                                 seven to 13                         alternatives are not   of:
                                 percent HFC-                        technically feasible  
                                 227ea and the                       due to performance     Process or product
                                 remainder HFC-                      or safety              in which the
                                 365mfc; and                         requirements.          substitute is
                                 Formacel TI.                       Closed cell foam        needed;
                                                                     products and          
                                                                     products containing    Substitutes examined
                                                                     closed cell foams      and rejected;
                                                                     manufactured with     
                                                                     these substitutes on   Reason for rejection
                                                                     or before January 1,   of other
                                                                     2025, may be used      alternatives, e.g.,
                                                                     after that date.       performance,
                                                                                            technical or safety
                                                                                            standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and projected time
                                                                                            for switching.
Rigid PU: Spray foam--low-      HFC-134a, HFC-    Acceptable        Acceptable from        Users are required to
 pressure two-component.         245fa, and        subject to        January 1, 2021,       document and retain
                                 blends thereof;   narrowed use      until January 1,       the results of their
                                 blends of HFC-    limits.           2025, only in          technical
                                 365mfc with at                      military or space-     investigation of
                                 least four                          and aeronautics-       alternatives for the
                                 percent HFC-                        related applications   purpose of
                                 245fa, and                          where reasonable       demonstrating
                                 commercial                          efforts have been      compliance.
                                 blends of HFC-                      made to ascertain      Information should
                                 365mfc with                         that other             include descriptions
                                 seven to 13                         alternatives are not   of:
                                 percent HFC-                        technically feasible  
                                 227ea and the                       due to performance     Process or product
                                 remainder HFC-                      or safety              in which the
                                 365mfc; and                         requirements.          substitute is
                                 Formacel TI.                       Low pressure two-       needed;
                                                                     component spray foam  
                                                                     kits manufactured      Substitutes examined
                                                                     with these             and rejected;
                                                                     substitutes on or     
                                                                     before January 1,      Reason for rejection
                                                                     2025, for military     of other
                                                                     or space- and          alternatives, e.g.,
                                                                     aeronautics-related    performance,
                                                                     applications may be    technical or safety
                                                                     used after that date.  standards; and/or
                                                                                           
                                                                                            Anticipated date
                                                                                            other substitutes
                                                                                            will be available
                                                                                            and projected time
                                                                                            for switching.
----------------------------------------------------------------------------------------------------------------


[[Page 312]]


                                  Foam Blowing Agents--Unacceptable Substitutes
----------------------------------------------------------------------------------------------------------------
               End-use                       Substitutes                Decision           Further information
----------------------------------------------------------------------------------------------------------------
Flexible PU..........................  Methylene chloride.....  Unacceptable as of       Methylene chloride is a
                                                                 January 3, 2017.         carcinogen and may
                                                                                          present a toxicity
                                                                                          risk. Other
                                                                                          alternatives are
                                                                                          available for this end-
                                                                                          use with lower overall
                                                                                          risk to human health
                                                                                          and the environment.
Rigid PU: Spray foam--one component    HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 foam sealants.                         and blends thereof;      January 1, 2020.         agents have GWPs
                                        blends of HFC-365mfc    One-component foam        ranging from higher
                                        with at least four       sealant cans             than 730 to
                                        percent HFC-245fa, and   manufactured with        approximately 1,500.
                                        commercial blends of     these substitutes on     Other alternatives
                                        HFC-365mfc with seven    or before January 1,     will be available for
                                        to 13 percent HFC-       2020, may be used        this end-use with
                                        227ea and the            after that date.         lower overall risk to
                                        remainder HFC-365mfc;                             human health and the
                                        and Formacel TI.                                  environment by the
                                                                                          status change date.
Rigid PU: Spray foam--high-pressure    HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 two-component.                         and blends thereof;      January 1, 2020,         agents have GWPs
                                        blends of HFC-365mfc     except where allowed     ranging from higher
                                        with at least four       under a narrowed use     than 730 to
                                        percent HFC-245fa, and   limit. Closed cell       approximately 1,500.
                                        commercial blends of     foam products and        Other alternatives
                                        HFC-365mfc with seven    products containing      will be available for
                                        to 13 percent HFC-       closed cell foams        this end-use with
                                        227ea and the            manufactured with        lower overall risk to
                                        remainder HFC-365mfc;    these substitutes on     human health and the
                                        and Formacel TI.         or before January 1,     environment by the
                                                                 2020, may be used        status change date.
                                                                 after that date.
Rigid PU: Spray foam--low-pressure     HFC-134a, HFC-245fa,     Unacceptable as of       These foam blowing
 two-component.                         and blends thereof;      January 1, 2021,         agents have GWPs
                                        blends of HFC-365mfc     except where allowed     ranging from higher
                                        with at least four       under a narrowed use     than 730 to
                                        percent HFC-245fa, and   limit.                   approximately 1,500.
                                        commercial blends of    Low pressure two-         Other alternatives
                                        HFC-365mfc with seven    component spray foam     will be available for
                                        to 13 percent HFC-       kits manufactured with   this end-use with
                                        227ea and the            these substitutes on     lower overall risk to
                                        remainder HFC-365mfc;    or before January 1,     human health and the
                                        and Formacel TI.         2025, may be used        environment by the
                                                                 after that date.         status change date.
----------------------------------------------------------------------------------------------------------------


[[Page 313]]


                                 Fire Suppression and Explosion Protection Agents--Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
               End-use                       Substitute                Decision              Use conditions                Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Streaming...........................  2-BTP..................  Acceptable, subject to   As of January 3, 2017,   This fire suppressant has a relatively
                                                                use conditions.          acceptable only for      low GWP of 0.23-0.26 and a short
                                                                                         use in handheld          atmospheric lifetime of approximately
                                                                                         extinguishers in         seven days.
                                                                                         aircraft.               This agent is subject to requirements
                                                                                                                  contained in a Toxic Substance Control
                                                                                                                  Act (TSCA) section 5(e) Consent Order
                                                                                                                  and any subsequent TSCA section
                                                                                                                  5(a)(2) Significant New Use Rule
                                                                                                                  (SNUR).
                                                                                                                 For establishments manufacturing,
                                                                                                                  installing and maintaining handheld
                                                                                                                  extinguishers using this agent:
                                                                                                                 (1) Use of this agent should be used in
                                                                                                                  accordance with the latest edition of
                                                                                                                  NFPA Standard 10 for Portable Fire
                                                                                                                  Extinguishers;
                                                                                                                 (2) In the case that 2-BTP is inhaled,
                                                                                                                  person(s) should be immediately
                                                                                                                  removed and exposed to fresh air; if
                                                                                                                  breathing is difficult, person(s)
                                                                                                                  should seek medical attention;
                                                                                                                 (3) Eye wash and quick drench
                                                                                                                  facilities should be available. In
                                                                                                                  case of ocular exposure, person(s)
                                                                                                                  should immediately flush the eyes,
                                                                                                                  including under the eyelids, with
                                                                                                                  fresh water and move to a non-
                                                                                                                  contaminated area;
                                                                                                                 (4) Exposed person(s) should remove all
                                                                                                                  contaminated clothing and footwear to
                                                                                                                  avoid irritation, and medical
                                                                                                                  attention should be sought if
                                                                                                                  irritation develops or persists;
                                                                                                                 (5) Although unlikely, in case of
                                                                                                                  ingestion of 2-BTP, the person(s)
                                                                                                                  should consult a physician
                                                                                                                  immediately;
                                                                                                                 (6) Manufacturing space should be
                                                                                                                  equipped with specialized engineering
                                                                                                                  controls and well ventilated with a
                                                                                                                  local exhaust system and low-lying
                                                                                                                  source ventilation to effectively
                                                                                                                  mitigate potential occupational
                                                                                                                  exposure; regular testing and
                                                                                                                  monitoring of the workplace atmosphere
                                                                                                                  should be conducted;
                                                                                                                 (7) Employees responsible for chemical
                                                                                                                  processing should wear the appropriate
                                                                                                                  PPE, such as protective gloves,
                                                                                                                  tightly sealed goggles, protective
                                                                                                                  work clothing, and suitable
                                                                                                                  respiratory protection in case of
                                                                                                                  accidental release or insufficient
                                                                                                                  ventilation;
                                                                                                                 (8) All spills should be cleaned up
                                                                                                                  immediately in accordance with good
                                                                                                                  industrial hygiene practices; and
                                                                                                                 (9) 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.

[[Page 314]]

 
Total flooding......................  2-BTP..................  Acceptable, subject to   As of January 3, 2017,   This fire suppressant has a relatively
                                                                use conditions.          acceptable only for      low GWP of 0.23-0.26 and a short
                                                                                         use in engine nacelles   atmospheric lifetime of approximately
                                                                                         and auxiliary power      seven days.
                                                                                         units on aircraft.      This agent is subject to requirements
                                                                                                                  contained in a TSCA section 5(e)
                                                                                                                  Consent Order and any subsequent TSCA
                                                                                                                  section 5(a)(2) SNUR.
                                                                                                                 For establishments manufacturing,
                                                                                                                  installing, and servicing engine
                                                                                                                  nacelles and auxiliary power units on
                                                                                                                  aircraft using this agent:
                                                                                                                 (1) This agent should be used in
                                                                                                                  accordance with the safety guidelines
                                                                                                                  in the latest edition of the National
                                                                                                                  Fire Protection Association (NFPA)
                                                                                                                  2001 Standard for Clean Agent Fire
                                                                                                                  Extinguishing Systems;
                                                                                                                 (2) In the case that 2-BTP is inhaled,
                                                                                                                  person(s) should be immediately
                                                                                                                  removed and exposed to fresh air; if
                                                                                                                  breathing is difficult, person(s)
                                                                                                                  should seek medical attention;
                                                                                                                 (3) Eye wash and quick drench
                                                                                                                  facilities should be available. In
                                                                                                                  case of ocular exposure, person(s)
                                                                                                                  should immediately flush the eyes,
                                                                                                                  including under the eyelids, with
                                                                                                                  fresh water and move to a non-
                                                                                                                  contaminated area.
                                                                                                                 (4) Exposed person(s) should remove all
                                                                                                                  contaminated clothing and footwear to
                                                                                                                  avoid irritation, and medical
                                                                                                                  attention should be sought if
                                                                                                                  irritation develops or persists;
                                                                                                                 (5) Although unlikely, in case of
                                                                                                                  ingestion of 2-BTP, the person(s)
                                                                                                                  should consult a physician
                                                                                                                  immediately;
                                                                                                                 (6) Manufacturing space should be
                                                                                                                  equipped with specialized engineering
                                                                                                                  controls and well ventilated with a
                                                                                                                  local exhaust system and low-lying
                                                                                                                  source ventilation to effectively
                                                                                                                  mitigate potential occupational
                                                                                                                  exposure; regular testing and
                                                                                                                  monitoring of the workplace atmosphere
                                                                                                                  should be conducted;
                                                                                                                 (7) Employees responsible for chemical
                                                                                                                  processing should wear the appropriate
                                                                                                                  PPE, such as protective gloves,
                                                                                                                  tightly sealed goggles, protective
                                                                                                                  work clothing, and suitable
                                                                                                                  respiratory protection in case of
                                                                                                                  accidental release or insufficient
                                                                                                                  ventilation;
                                                                                                                 (8) All spills should be cleaned up
                                                                                                                  immediately in accordance with good
                                                                                                                  industrial hygiene practices;
                                                                                                                 (9) 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;
                                                                                                                 (10) Safety features that are typical
                                                                                                                  of total flooding systems such as pre-
                                                                                                                  discharge alarms, time delays, and
                                                                                                                  system abort switches should be
                                                                                                                  provided, as directed by applicable
                                                                                                                  OSHA regulations and NFPA standards;
                                                                                                                  use of this agent should also conform
                                                                                                                  to relevant OSHA requirements,
                                                                                                                  including 29 CFR 1910, subpart L,
                                                                                                                  sections 1910.160 and 1910.162.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[81 FR 86889, Dec. 1, 2016]

[[Page 315]]

  Appendix W to Subpart G of Part 82--Substitutes Listed in the May 6, 
                 2021 Final Rule--Effective June 7, 2021

                                           Refrigerants--Substitutes Acceptable Subject to Narrowed Use Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                   Narrowed use limits                Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retail food refrigeration-- medium-  R-448A, R-449A, R-449B  Acceptable Subject to   Acceptable only for use in new medium-   A possible reason for
 temperature stand-alone units (new                           Narrowed Use Limits.    temperature stand-alone units where      rejection of one or more
 only).                                                                               reasonable efforts have been made to     other alternative(s)
                                                                                      ascertain that other alternatives are    could be based on ADA
                                                                                      not technically feasible.                requirements.
                                                                                     Users are required to document and
                                                                                      retain the results of their technical
                                                                                      investigation of alternatives for the
                                                                                      purpose of demonstrating compliance.
                                                                                     Information shall include descriptions
                                                                                      of:
                                                                                         Process or
                                                                                         product in which the substitute is
                                                                                         needed;
                                                                                         Substitutes
                                                                                         examined and rejected;
                                                                                         Reason for
                                                                                         rejection of other alternatives,
                                                                                         e.g., performance, technical or
                                                                                         safety standards; and
                                                                                         Anticipated date
                                                                                         other substitutes will be available
                                                                                         and projected time for switching.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 316]]


                                             Refrigerants--Substitutes Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                     Substitute              Decision                       Use conditions                   Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Residential and light commercial    R-452B, R-454A, R-     Acceptable Subject to  These refrigerants may be used only in new   Applicable OSHA
 air conditioning and heat pumps     454B, R-454C and R-    Use Conditions.        equipment specifically designed and          requirements at 29 CFR
 (new only).                         457A.                                         clearly identified for the refrigerants      part 1910 must be
                                                                                   (i.e., none of these substitutes may be      followed, including
                                                                                   used as a conversion or ``retrofit''         those at 29 CFR 1910.94
                                                                                   refrigerant for existing equipment           (ventilation) and
                                                                                   designed for other refrigerants).            1910.106 (flammable and
                                                                                  These substitutes may only be used in air     combustible liquids),
                                                                                   conditioning equipment that meets all        1910.110 (storage and
                                                                                   requirements in the 3rd edition of UL        handling of liquefied
                                                                                   60335-2-40. 1 2 3 In cases where this        petroleum gases), and
                                                                                   appendix includes requirements more          1910.1000 (toxic and
                                                                                   stringent than those of UL 60335-2-40, the   hazardous substances).
                                                                                   appliance must meet the requirements of     Proper ventilation should
                                                                                   this appendix in place of the requirements   be maintained at all
                                                                                   in the UL Standard.                          times during the
                                                                                  The charge size for the equipment must not    manufacture and storage
                                                                                   exceed the maximum refrigerant mass          of equipment containing
                                                                                   determined according to UL 60335-2-40 for    flammable refrigerants
                                                                                   the room size where the air conditioner is   through adherence to
                                                                                   used.                                        good manufacturing
                                                                                                                                practices as per 29 CFR
                                                                                                                                1910.106. If refrigerant
                                                                                                                                levels in the air
                                                                                                                                surrounding the
                                                                                                                                equipment rise above one-
                                                                                                                                fourth of the lower
                                                                                                                                flammability limit, the
                                                                                                                                space should be
                                                                                                                                evacuated and reentry
                                                                                                                                should occur only after
                                                                                                                                the space has been
                                                                                                                                properly ventilated.

[[Page 317]]

 
                                                                                  The following markings must be attached at   Technicians and equipment
                                                                                   the locations provided and must be           manufacturers should
                                                                                   permanent:                                   wear appropriate
                                                                                  (a) On the outside of the air conditioning    personal protective
                                                                                   equipment: ``WARNING--Risk of Fire.          equipment, including
                                                                                   Flammable Refrigerant Used. To Be Repaired   chemical goggles and
                                                                                   Only By Trained Service Personnel. Do Not    protective gloves, when
                                                                                   Puncture Refrigerant Tubing.''               handling flammable
                                                                                  (b) On the outside of the air conditioning    refrigerants. Special
                                                                                   equipment: ``WARNING--Risk of Fire.          care should be taken to
                                                                                   Dispose of Properly In Accordance With       avoid contact with the
                                                                                   Federal Or Local Regulations. Flammable      skin which, like many
                                                                                   Refrigerant Used.''                          refrigerants, can cause
                                                                                  (c) On the inside of the air conditioning     freeze burns on the
                                                                                   equipment near the compressor: ``WARNING--   skin.
                                                                                   Risk of Fire. Flammable Refrigerant Used.   A class B dry powder type
                                                                                   Consult Repair Manual/Owner's Guide Before   fire extinguisher should
                                                                                   Attempting To Service This Product. All      be kept nearby.
                                                                                   Safety Precautions Must be Followed.''      Technicians should only
                                                                                  (d) For any equipment pre-charged at the      use spark-proof tools
                                                                                   factory, on the equipment packaging:         when working on air
                                                                                   ``WARNING--Risk of Fire due to Flammable     conditioning equipment
                                                                                   Refrigerant Used. Follow Handling            with flammable
                                                                                   Instructions Carefully in Compliance with    refrigerants.
                                                                                   National Regulations.''                     Any recovery equipment
                                                                                  (e) On the indoor unit near the nameplate:    used should be designed
                                                                                  a. At the top of the marking: ``Minimum       for flammable
                                                                                   Installation height, X m (W ft)''. This      refrigerants. Only
                                                                                   marking is only required if required by UL   technicians specifically
                                                                                   60335-2-40. The terms ``X'' and ``W''        trained in handling
                                                                                   shall be replaced by the numeric height as   flammable refrigerants
                                                                                   calculated per the UL Standard. Note that    should service
                                                                                   the formatting here is slightly different    refrigeration equipment
                                                                                   than the UL Standard; specifically, the      containing these
                                                                                   height in Inch-Pound units is placed in      refrigerants.
                                                                                   parentheses and the word ``and'' has been    Technicians should gain
                                                                                   replaced by the opening parenthesis.         an understanding of
                                                                                  b. Immediately below (a) above or at the      minimizing the risk of
                                                                                   top of the marking if (a) is not required:   fire and the steps to
                                                                                   ``Minimum room area (operating or            use flammable
                                                                                   storage), Y m\2\ (Z ft\2\)''. The terms      refrigerants safely.
                                                                                   ``Y'' and ``Z'' shall be replaced by the    Room occupants should
                                                                                   numeric area as calculated per the UL        evacuate the space
                                                                                   Standard. Note that the formatting here is   immediately following
                                                                                   slightly different than the UL Standard;     the accidental release
                                                                                   specifically, the area in Inch-Pound units   of this refrigerant.
                                                                                   is placed in parentheses and the word       Personnel commissioning,
                                                                                   ``and'' has been replaced by the opening     maintaining, repairing,
                                                                                   parenthesis.                                 decommissioning and
                                                                                                                                disposing of appliances
                                                                                                                                with these refrigerants
                                                                                                                                should obtain training
                                                                                                                                and follow practices
                                                                                                                                consistent with Annex HH
                                                                                                                                of UL 60335-2-40, 3rd
                                                                                                                                edition.1 2 3
                                                                                                                               CAA section 608(c)(2)
                                                                                                                                prohibits knowingly
                                                                                                                                venting or otherwise
                                                                                                                                knowingly releasing or
                                                                                                                                disposing of substitute
                                                                                                                                refrigerants in the
                                                                                                                                course of maintaining,
                                                                                                                                servicing, repairing or
                                                                                                                                disposing of an
                                                                                                                                appliance or industrial
                                                                                                                                process refrigeration.
                                                                                                                               Department of
                                                                                                                                Transportation
                                                                                                                                requirements for
                                                                                                                                transport of flammable
                                                                                                                                gases must be followed.
                                                                                                                               Flammable refrigerants
                                                                                                                                being recovered or
                                                                                                                                otherwise disposed of
                                                                                                                                from residential and
                                                                                                                                light commercial air
                                                                                                                                conditioning appliances
                                                                                                                                are likely to be
                                                                                                                                hazardous waste under
                                                                                                                                the Resource
                                                                                                                                Conservation and
                                                                                                                                Recovery Act (RCRA) (see
                                                                                                                                40 CFR parts 260-270).
                                                                                     (f) For non-fixed equipment, including
                                                                                      portable air conditioners, window air
                                                                                      conditioners, packaged terminal air
                                                                                      conditioners and packaged terminal heat
                                                                                      pumps, on the outside of the product:
                                                                                      ``WARNING--Risk of Fire or Explosion--
                                                                                      Store in a well ventilated room without
                                                                                      continuously operating flames or other
                                                                                      potential ignition.''

[[Page 318]]

 
                                                                                     (g) For fixed equipment, including
                                                                                      rooftop units and split air
                                                                                      conditioners, ``WARNING--Risk of Fire--
                                                                                      Auxiliary devices which may be ignition
                                                                                      sources shall not be installed in the
                                                                                      ductwork, other than auxiliary devices
                                                                                      listed for use with the specific
                                                                                      appliance. See instructions.''
                                                                                     (h) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                  The equipment must have red Pantone
                                                                                   Matching System (PMS) 185 or RAL
                                                                                   3020 marked service ports, pipes, hoses,
                                                                                   or other devices through which the
                                                                                   refrigerant passes, to indicate the use of
                                                                                   a flammable refrigerant. This color must
                                                                                   be applied at all service ports and other
                                                                                   parts of the system where service
                                                                                   puncturing or other actions creating an
                                                                                   opening from the refrigerant circuit to
                                                                                   the atmosphere might be expected and must
                                                                                   extend a minimum of one (1) inch (25mm) in
                                                                                   both directions from such locations and
                                                                                   shall be replaced if removed.
Residential and light commercial    R-32.................  Acceptable Subject to  These refrigerants may be used only in new   Applicable OSHA
 air conditioning and heat pumps                            Use Conditions.        equipment specifically designed and          requirements at 29 CFR
 (new only), excluding self-                                                       clearly identified for the refrigerants      part 1910 must be
 contained room air conditioners.                                                  (i.e., none of these substitutes may be      followed, including
                                                                                   used as a conversion or ``retrofit''         those at 29 CFR 1910.94
                                                                                   refrigerant for existing equipment           (ventilation) and
                                                                                   designed for other refrigerants).            1910.106 (flammable and
                                                                                  These substitutes may only be used in air     combustible liquids),
                                                                                   conditioning equipment that meets all        1910.110 (storage and
                                                                                   requirements in the 3rd edition of UL        handling of liquefied
                                                                                   60335-2-40.1 2 3 In cases where this         petroleum gases), and
                                                                                   appendix includes requirements more          1910.1000 (toxic and
                                                                                   stringent than those of UL 60335-2-40, the   hazardous substances).
                                                                                   appliance must meet the requirements of     Proper ventilation should
                                                                                   this appendix in place of the requirements   be maintained at all
                                                                                   in the UL Standard.                          times during the
                                                                                  The charge size for the equipment must not    manufacture and storage
                                                                                   exceed the maximum refrigerant mass          of equipment containing
                                                                                   determined according to UL 60335-2-40 for    flammable refrigerants
                                                                                   the room size where the air conditioner is   through adherence to
                                                                                   used.                                        good manufacturing
                                                                                                                                practices as per 29 CFR
                                                                                                                                1910.106. If refrigerant
                                                                                                                                levels in the air
                                                                                                                                surrounding the
                                                                                                                                equipment rise above one-
                                                                                                                                fourth of the lower
                                                                                                                                flammability limit, the
                                                                                                                                space should be
                                                                                                                                evacuated and reentry
                                                                                                                                should occur only after
                                                                                                                                the space has been
                                                                                                                                properly ventilated.

[[Page 319]]

 
                                                                                  The following markings must be attached at   Technicians and equipment
                                                                                   the locations provided and must be           manufacturers should
                                                                                   permanent:                                   wear appropriate
                                                                                  (a) On the outside of the air conditioning    personal protective
                                                                                   equipment: ``WARNING--Risk of Fire.          equipment, including
                                                                                   Flammable Refrigerant Used. To Be Repaired   chemical goggles and
                                                                                   Only By Trained Service Personnel. Do Not    protective gloves, when
                                                                                   Puncture Refrigerant Tubing.''               handling flammable
                                                                                  (b) On the outside of the air conditioning    refrigerants. Special
                                                                                   equipment: ``WARNING--Risk of Fire.          care should be taken to
                                                                                   Dispose of Properly In Accordance With       avoid contact with the
                                                                                   Federal Or Local Regulations. Flammable      skin which, like many
                                                                                   Refrigerant Used.''                          refrigerants, can cause
                                                                                  (c) On the inside of the air conditioning     freeze burns on the
                                                                                   equipment near the compressor: ``WARNING--   skin.
                                                                                   Risk of Fire. Flammable Refrigerant Used.   A class B dry powder type
                                                                                   Consult Repair Manual/Owner's Guide Before   fire extinguisher should
                                                                                   Attempting To Service This Product. All      be kept nearby.
                                                                                   Safety Precautions Must be Followed.''      Technicians should only
                                                                                  (d) For any equipment pre-charged at the      use spark-proof tools
                                                                                   factory, on the equipment packaging:         when working on air
                                                                                   ``WARNING--Risk of Fire due to Flammable     conditioning equipment
                                                                                   Refrigerant Used. Follow Handling            with flammable
                                                                                   Instructions Carefully in Compliance with    refrigerants.
                                                                                   National Regulations''                      Any recovery equipment
                                                                                  (e) On the indoor unit near the nameplate:    used should be designed
                                                                                  a. At the top of the marking: ``Minimum       for flammable
                                                                                   Installation height, X m (W ft)''. This      refrigerants. Only
                                                                                   marking is only required if required by UL   technicians specifically
                                                                                   60335-2-40. The terms ``X'' and ``W''        trained in handling
                                                                                   shall be replaced by the numeric height as   flammable refrigerants
                                                                                   calculated per the UL Standard. Note that    should service
                                                                                   the formatting here is slightly different    refrigeration equipment
                                                                                   than the UL Standard; specifically, the      containing this
                                                                                   height in Inch-Pound units is placed in      refrigerant. Technicians
                                                                                   parentheses and the word ``and'' has been    should gain an
                                                                                   replaced by the opening parenthesis.         understanding of
                                                                                  b. Immediately below (a) above or at the      minimizing the risk of
                                                                                   top of the marking if (a) is not required:   fire and the steps to
                                                                                   ``Minimum room area (operating or            use flammable
                                                                                   storage), Y m\2\ (Z ft\2\)''. The terms      refrigerants safely.
                                                                                   ``Y'' and ``Z'' shall be replaced by the    Room occupants should
                                                                                   numeric area as calculated per the UL        evacuate the space
                                                                                   Standard. Note that the formatting here is   immediately following
                                                                                   slightly different than the UL Standard;     the accidental release
                                                                                   specifically, the area in Inch-Pound units   of this refrigerant.
                                                                                   is placed in parentheses and the word       Personnel commissioning,
                                                                                   ``and'' has been replaced by the opening     maintaining, repairing,
                                                                                   parenthesis.                                 decommissioning and
                                                                                                                                disposing of appliances
                                                                                                                                with this refrigerant
                                                                                                                                should obtain training
                                                                                                                                and follow practices
                                                                                                                                consistent with Annex HH
                                                                                                                                of UL 60335-2-40, 3rd
                                                                                                                                edition.\1\ \2\ \3\
                                                                                                                               CAA section 608(c)(2)
                                                                                                                                prohibits knowingly
                                                                                                                                venting or otherwise
                                                                                                                                knowingly releasing or
                                                                                                                                disposing of substitute
                                                                                                                                refrigerants in the
                                                                                                                                course of maintaining,
                                                                                                                                servicing, repairing or
                                                                                                                                disposing of an
                                                                                                                                appliance or industrial
                                                                                                                                process refrigeration.
                                                                                                                               Department of
                                                                                                                                Transportation
                                                                                                                                requirements for
                                                                                                                                transport of flammable
                                                                                                                                gases must be followed.
                                                                                                                               Flammable refrigerants
                                                                                                                                being recovered or
                                                                                                                                otherwise disposed of
                                                                                                                                from residential and
                                                                                                                                light commercial air
                                                                                                                                conditioning appliances
                                                                                                                                are likely to be
                                                                                                                                hazardous waste under
                                                                                                                                the Resource
                                                                                                                                Conservation and
                                                                                                                                Recovery Act (RCRA) (see
                                                                                                                                40 CFR parts 260-270).
                                                                                     (f) For fixed equipment, including
                                                                                      rooftop units and split air
                                                                                      conditioners, ``WARNING--Risk of Fire--
                                                                                      Auxiliary devices which may be ignition
                                                                                      sources shall not be installed in the
                                                                                      ductwork, other than auxiliary devices
                                                                                      listed for use with the specific
                                                                                      appliance. See instructions.''
                                                                                     (g) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.

[[Page 320]]

 
                                                                                     The equipment must have red Pantone
                                                                                      Matching System (PMS) 185 or
                                                                                      RAL 3020 marked service ports, pipes,
                                                                                      hoses, or other devices through which
                                                                                      the refrigerant passes, to indicate the
                                                                                      use of a flammable refrigerant. This
                                                                                      color must be applied at all service
                                                                                      ports and other parts of the system
                                                                                      where service puncturing or other
                                                                                      actions creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected and must extend a
                                                                                      minimum of one (1) inch (25mm) in both
                                                                                      directions from such locations and
                                                                                      shall be replaced if removed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ UL 60335-2-40, Standard for Safety for Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
  Pumps, Air-Conditioners and Dehumidifiers, Third edition, Dated November 1, 2019.
\2\ You may purchase the material from UL by mail: Comm 2000; 151 Eastern Avenue; Bensenville, IL 60106; email: [email protected]; phone: 1-888-
  853-3503 in the U.S. or Canada (other countries dial +1-415-352-2168); or web: www.shopulstandards.com.
\3\ The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved
  material is available for inspection at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC,
  202-566-1742 and is available from Underwriters Laboratories Inc. (UL), 333 Pfingsten Road, Northbrook, IL 60062, 877.854.3577, www.ul.com. It is also
  available for inspection 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.


[86 FR 24471, May 6, 2021]



Sec. Appendix X to Subpart G of Part 82--Substitutes Listed in the April 
               28, 2023 Final Rule--Effective May 30, 2023

[[Page 321]]



                       Refrigerants--Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision       Narrowed use limits    Further information
----------------------------------------------------------------------------------------------------------------
1. Very low temperature         R-1150..........  Acceptable        
 refrigeration (new only).                         Subject to Use    Temperature range--R-
                                                   Conditions and    1150 may only be
                                                   Narrowed Use      used in equipment
                                                   Limits.           designed
                                                                     specifically to
                                                                     reach temperatures
                                                                     lower than -80
                                                                     [deg]C (-112 [deg]F).
                                                                    
                                                                     The manufacturers of
                                                                     new very low
                                                                     temperature
                                                                     equipment need to
                                                                     demonstrate that
                                                                     other alternatives
                                                                     are not technically
                                                                     feasible. They must
                                                                     document the results
                                                                     of their evaluation
                                                                     that showed the
                                                                     other alternatives
                                                                     to be not
                                                                     technically feasible
                                                                     and maintain that
                                                                     documentation in
                                                                     their files. This
                                                                     documentation, which
                                                                     does not need to be
                                                                     submitted to EPA
                                                                     unless requested to
                                                                     demonstrate
                                                                     compliance, ``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, and the
                                                                     anticipated date
                                                                     other substitutes
                                                                     will be available
                                                                     and projected time
                                                                     for switching to
                                                                     other available
                                                                     substitutes.'' (40
                                                                     CFR 82.180(b)(3)).
----------------------------------------------------------------------------------------------------------------


[[Page 322]]


                                             Refrigerants--Substitutes Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                      Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Centrifugal Chillers for comfort  HFC-32, HFO-1234yf, R-  Acceptable Subject to   These refrigerants may be used only in   Applicable OSHA
 cooling and Industrial Process Air   452B, R-454A, R-454B,   Use Conditions.         new equipment specifically designed      requirements at 29 CFR
 Conditioning.                        R-454C.                                         and clearly identified for the           part 1910 must be
                                                                                      refrigerant (i.e., none of these         followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
Positive Displacement Chillers for                                                    conversion or ``retrofit'' refrigerant   (ventilation) and
 comfort cooling and Industrial                                                       for existing equipment designed for      1910.106 (flammable and
 Process Air Conditioning.                                                            other refrigerants).                     combustible liquids),
                                                                                     These substitutes may only be used in     1910.110 (storage and
                                                                                      air conditioning equipment that meets    handling of liquefied
                                                                                      all requirements in UL 60335-2-40.1 3    petroleum gases), and
                                                                                      5 In cases where this listing 1          1910.1000 (toxic and
                                                                                      includes requirements more stringent     hazardous substances).
                                                                                      than those of UL 60335-2-40, the        Proper ventilation should
                                                                                      appliance must meet the requirements     be maintained at all
                                                                                      of this listing 1 in place of the        times during the
                                                                                      requirements in the UL 60335-2-40.       manufacture and storage
                                                                                     These refrigerants may be used in         of equipment containing
                                                                                      chillers if and only if such chiller     flammable refrigerants
                                                                                      meets all requirements listed in         through adherence to good
                                                                                      ASHRAE 15-2019.1 2 4 In cases where      manufacturing practices
                                                                                      this listing 1 includes requirements     as per 29 CFR 1910.106.
                                                                                      different than those of ASHRAE 15-       If refrigerant levels in
                                                                                      2019, the appliance must meet the        the air surrounding the
                                                                                      requirements of this listing 1 in        equipment rise above one-
                                                                                      place of the requirements in ASHRAE 15-  fourth of the lower
                                                                                      2019. Where similar requirements of      flammability limit, the
                                                                                      ASHRAE 15-2019 and UL 60335-2-40         space should be
                                                                                      differ, the more stringent or            evacuated, and reentry
                                                                                      conservative condition shall apply       should occur only after
                                                                                      unless superseded by this listing 1.     the space has been
                                                                                     The following markings must be attached   properly ventilated.
                                                                                      at the locations provided and must be   Technicians and equipment
                                                                                      permanent:                               manufacturers should wear
                                                                                     (a) On the outside of the equipment:      appropriate personal
                                                                                      ``WARNING--Risk of Fire. Flammable       protective equipment,
                                                                                      Refrigerant Used. To Be Repaired Only    including chemical
                                                                                      By Trained Service Personnel, Do Not     goggles and protective
                                                                                      Puncture Refrigerant Tubing.''           gloves, when handling
                                                                                     (b) On the outside of the equipment:      flammable refrigerants.
                                                                                      ``WARNING--Risk of Fire. Dispose of      Special care should be
                                                                                      Properly In Accordance With Federal Or   taken to avoid contact
                                                                                      Local Regulations. Flammable             with the skin which, like
                                                                                      Refrigerant Used.''                      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 air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.
                                                                                                                              Any recovery equipment
                                                                                                                               used should be designed
                                                                                                                               for flammable
                                                                                                                               refrigerants. Only
                                                                                                                               technicians specifically
                                                                                                                               trained in handling
                                                                                                                               flammable refrigerants
                                                                                                                               should service
                                                                                                                               refrigeration equipment
                                                                                                                               containing this
                                                                                                                               refrigerant. Technicians
                                                                                                                               should gain an
                                                                                                                               understanding of
                                                                                                                               minimizing the risk of
                                                                                                                               fire and the steps to use
                                                                                                                               flammable refrigerants
                                                                                                                               safely.

[[Page 323]]

 
                                                                                     (c) On the inside of the equipment near  Room occupants should
                                                                                      the compressor: ``WARNING--Risk of       evacuate the space
                                                                                      Fire. Flammable Refrigerant Used.        immediately following the
                                                                                      Consult Repair Manual/Owner's Guide      accidental release of
                                                                                      Before Attempting to Service This        this refrigerant.
                                                                                      Product. All Safety Precautions Must    Personnel commissioning,
                                                                                      be Followed.''                           maintaining, repairing,
                                                                                     (d) For any equipment pre-charged at      decommissioning and
                                                                                      the factory, on the equipment            disposing of appliances
                                                                                      packaging or on the outside of the       with this refrigerant
                                                                                      equipment: ``WARNING--Risk of Fire due   should obtain training
                                                                                      to Flammable Refrigerant Used. Follow    and follow practices
                                                                                      Handling Instructions Carefully in       consistent with Annex HH
                                                                                      Compliance with National Regulations''   of UL 60335-2-40, 3rd
                                                                                     a. If the equipment is delivered          edition.3 5
                                                                                      packaged, this label shall be applied   CAA section 608(c)(2)
                                                                                      on the packaging.                        prohibits knowingly
                                                                                     b. If the equipment is not delivered      venting or otherwise
                                                                                      packaged, this label shall be applied    knowingly releasing or
                                                                                      on the outside of the equipment near     disposing of substitute
                                                                                      the control panel or nameplate.          refrigerants in the
                                                                                     (e) On the equipment near the             course of maintaining,
                                                                                      nameplate:                               servicing, repairing or
                                                                                     a. At the top of the marking: ``Minimum   disposing of an appliance
                                                                                      Installation Height, X m (W ft).''       or industrial process
                                                                                      This marking is only required if         refrigeration.
                                                                                      required by UL 60335-2-40. The terms    Department of
                                                                                      ``X'' and ``W'' shall be replaced by     Transportation
                                                                                      the numeric height as calculated per     requirements for
                                                                                      UL 60335-2-40. Note that the             transport of flammable
                                                                                      formatting here is slightly different    gases must be followed.
                                                                                      than UL 60335-2-40; specifically, the   Flammable refrigerants
                                                                                      height in Inch-Pound units is placed     being recovered or
                                                                                      in parentheses and the word ``and''      otherwise disposed of
                                                                                      has been replaced by the opening         from residential and
                                                                                      parenthesis.                             light commercial air
                                                                                                                               conditioning appliances
                                                                                                                               are likely to be
                                                                                                                               hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).

[[Page 324]]

 
                                                                                          b. Immediately below marking (a)
                                                                                           of this listing 1or at the top of
                                                                                           the marking if marking (a) is not
                                                                                           required: ``Minimum room area
                                                                                           (operating or storage), Y m\2\ (Z
                                                                                           ft\2\).'' The terms ``Y'' and
                                                                                           ``Z'' shall be replaced by the
                                                                                           numeric area as calculated per UL
                                                                                           60335-2-40. Note that the
                                                                                           formatting here is slightly
                                                                                           different than UL 60335-2-40;
                                                                                           specifically, the area in Inch-
                                                                                           Pound units is placed in
                                                                                           parentheses and the word ``and''
                                                                                           has been replaced by the opening
                                                                                           parenthesis.
                                                                                     (f) For non-fixed equipment, on the
                                                                                      outside of the product: ``WARNING--
                                                                                      Risk of Fire or Explosion--Store in a
                                                                                      well-ventilated room without
                                                                                      continuously operating flames or other
                                                                                      potential ignition.''
                                                                                     (g) For fixed equipment that is ducted,
                                                                                      near the nameplate: ``WARNING--Risk of
                                                                                      Fire--Auxiliary devices which may be
                                                                                      ignition sources shall not be
                                                                                      installed in the ductwork, other than
                                                                                      auxiliary devices listed for use with
                                                                                      the specific appliance. See
                                                                                      instructions.''
                                                                                     (h) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System (PMS)
                                                                                      185 or RAL 3020 marked
                                                                                      service ports, pipes, hoses, or other
                                                                                      devices through which the refrigerant
                                                                                      passes, to indicate the use of a
                                                                                      flammable refrigerant. This color must
                                                                                      be applied at all service ports and
                                                                                      other parts of the system where
                                                                                      service puncturing or other actions
                                                                                      creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected and must extend a
                                                                                      minimum of one (1) inch (25 mm) in
                                                                                      both directions from such locations
                                                                                      and shall be replaced if removed.

[[Page 325]]

 
2. Residential Dehumidifiers.......  HFO-1234yf, HFC-32, R-  Acceptable Subject to   These refrigerants may be used only in   Applicable OSHA
                                      452B, R-454A, R-454B,   Use Conditions.         new equipment specifically designed      requirements at 29 CFR
                                      and R-454C.                                     and clearly identified for the           part 1910 must be
                                                                                      refrigerant (i.e., none of these         followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These substitutes may only be used in     1910.110 (storage and
                                                                                      dehumidifier equipment that meets all    handling of liquefied
                                                                                      requirements in UL 60335-2-40.1 3 5 In   petroleum gases), and
                                                                                      cases where this listing 2 includes      1910.1000 (toxic and
                                                                                      requirements more stringent than those   hazardous substances).
                                                                                      of UL 60335-2-40, the appliance must    Proper ventilation should
                                                                                      meet the requirements of this listing    be maintained at all
                                                                                      2 in place of the requirements in UL     times during the
                                                                                      60335-2-40.                              manufacture and storage
                                                                                     The following markings must be attached   of equipment containing
                                                                                      at the locations provided and must be    flammable refrigerants
                                                                                      permanent:                               through adherence to good
                                                                                     (a) On the outside of the equipment:      manufacturing practices
                                                                                      ``WARNING--Risk of Fire. Flammable       as per 29 CFR 1910.106.
                                                                                      Refrigerant Used. To Be Repaired Only    If refrigerant levels in
                                                                                      By Trained Service Personnel. Do Not     the air surrounding the
                                                                                      Puncture Refrigerant Tubing.''           equipment rise above one-
                                                                                     (b) On the outside of the equipment:      fourth of the lower
                                                                                      ``WARNING--Risk of Fire. Dispose of      flammability limit, the
                                                                                      Properly In Accordance With Federal Or   space should be
                                                                                      Local Regulations. Flammable             evacuated, and reentry
                                                                                      Refrigerant Used.''                      should occur only after
                                                                                     (c) On the inside of the equipment near   the space has been
                                                                                      the compressor: ``WARNING--Risk of       properly ventilated.
                                                                                      Fire. Flammable Refrigerant Used.       Technicians and equipment
                                                                                      Consult Repair Manual/Owner's Guide      manufacturers should wear
                                                                                      Before Attempting to Service This        appropriate personal
                                                                                      Product. All Safety Precautions Must     protective equipment,
                                                                                      be Followed.''                           including chemical
                                                                                     (d) For any equipment pre-charged at      goggles and protective
                                                                                      the factory, on the equipment            gloves, when handling
                                                                                      packaging or on the outside of the       flammable refrigerants.
                                                                                      equipment: ``WARNING--Risk of Fire due   Special care should be
                                                                                      to Flammable Refrigerant Used. Follow    taken to avoid contact
                                                                                      Handling Instructions Carefully in       with the skin which, like
                                                                                      Compliance with National Regulations''   many refrigerants, can
                                                                                     a. If the equipment is delivered          cause freeze burns on the
                                                                                      packaged, this label shall be applied    skin.
                                                                                      on the packaging.                       A class B dry powder type
                                                                                     b. If the equipment is not delivered      fire extinguisher should
                                                                                      packaged, this label shall be applied    be kept nearby.
                                                                                      on the outside of the equipment near    Technicians should only
                                                                                      the control panel or nameplate.          use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.
                                                                                                                              Any recovery equipment
                                                                                                                               used should be designed
                                                                                                                               for flammable
                                                                                                                               refrigerants. Only
                                                                                                                               technicians specifically
                                                                                                                               trained in handling
                                                                                                                               flammable refrigerants
                                                                                                                               should service
                                                                                                                               refrigeration equipment
                                                                                                                               containing this
                                                                                                                               refrigerant. Technicians
                                                                                                                               should gain an
                                                                                                                               understanding of
                                                                                                                               minimizing the risk of
                                                                                                                               fire and the steps to use
                                                                                                                               flammable refrigerants
                                                                                                                               safely.
                                                                                                                              Room occupants should
                                                                                                                               evacuate the space
                                                                                                                               immediately following the
                                                                                                                               accidental release of
                                                                                                                               this refrigerant.
                                                                                                                              Personnel commissioning,
                                                                                                                               maintaining, repairing,
                                                                                                                               decommissioning and
                                                                                                                               disposing of appliances
                                                                                                                               with this refrigerant
                                                                                                                               should obtain training
                                                                                                                               and follow practices
                                                                                                                               consistent with Annex HH
                                                                                                                               of UL 60335-2-40.3 5

[[Page 326]]

 
                                                                                        (e) On the equipment near the         CAA section 608(c)(2)
                                                                                         nameplate:                            prohibits knowingly
                                                                                     a. At the top of the marking: ``Minimum   venting or otherwise
                                                                                      Installation Height, X m (W ft).''       knowingly releasing or
                                                                                      This marking is only required if         disposing of substitute
                                                                                      required by UL 60335-2-40. The terms     refrigerants in the
                                                                                      ``X'' and ``W'' shall be replaced by     course of maintaining,
                                                                                      the numeric height as calculated per     servicing, repairing or
                                                                                      UL 60335-2-40. Note that the             disposing of an appliance
                                                                                      formatting here is slightly different    or industrial process
                                                                                      than UL 60335-2-40; specifically, the    refrigeration.
                                                                                      height in Inch-Pound units is placed    Department of
                                                                                      in parentheses and the word ``and''      Transportation
                                                                                      has been replaced by the opening         requirements for
                                                                                      parenthesis.                             transport of flammable
                                                                                                                               gases must be followed.
                                                                                                                              Flammable refrigerants
                                                                                                                               being recovered or
                                                                                                                               otherwise disposed of
                                                                                                                               from residential and
                                                                                                                               light commercial air
                                                                                                                               conditioning appliances
                                                                                                                               are likely to be
                                                                                                                               hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).
                                                                                          b. Immediately below marking (a)
                                                                                           of this listing 2 or at the top
                                                                                           of the marking if marking (a) is
                                                                                           not required: ``Minimum room area
                                                                                           (operating or storage), Y m\2\ (Z
                                                                                           ft\2\).'' The terms ``Y'' and
                                                                                           ``Z'' shall be replaced by the
                                                                                           numeric area as calculated per UL
                                                                                           60335-2-40. Note that the
                                                                                           formatting here is slightly
                                                                                           different than UL 60335-2-40;
                                                                                           specifically, the area in Inch-
                                                                                           Pound units is placed in
                                                                                           parentheses and the word ``and''
                                                                                           has been replaced by the opening
                                                                                           parenthesis.
                                                                                     (f) On the outside of the product:
                                                                                      ``WARNING--Risk of Fire or Explosion--
                                                                                      Store in a well-ventilated room
                                                                                      without continuously operating flames
                                                                                      or other potential ignition.''
                                                                                     (g) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System (PMS)
                                                                                      185 or RAL 3020 marked
                                                                                      service ports, pipes, hoses, or other
                                                                                      devices through which the refrigerant
                                                                                      passes, to indicate the use of a
                                                                                      flammable refrigerant. This color must
                                                                                      be applied at all service ports and
                                                                                      other parts of the system where
                                                                                      service puncturing or other actions
                                                                                      creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected and must extend a
                                                                                      minimum of one (1) inch (25 mm) in
                                                                                      both directions from such locations
                                                                                      and shall be replaced if removed.

[[Page 327]]

 
3. Very Low Temperature              R-1150................  Acceptable Subject to   R-1150 may be used only in new           Applicable OSHA
 Refrigeration.                                               Use Conditions.         equipment specifically designed and      requirements at 29 CFR
                                                                                      clearly identified for the refrigerant   part 1910 must be
                                                                                      (i.e., none of these substitutes may     followed, including those
                                                                                      be used as a conversion or               at 29 CFR 1910.94
                                                                                      ``retrofit'' refrigerant for existing    (ventilation) and
                                                                                      equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     R-1150 may only be used in laboratory     1910.110 (storage and
                                                                                      equipment that meet all requirements     handling of liquefied
                                                                                      in UL 61010-2-011.1 3 6 In cases where   petroleum gases), and
                                                                                      this listing 3 includes requirements     1910.1000 (toxic and
                                                                                      more stringent than those of UL 61010-   hazardous substances).
                                                                                      2-011, the appliance must meet the      Proper ventilation should
                                                                                      requirements of this listing 3 in        be maintained at all
                                                                                      place of the requirements in UL 61010-   times during the
                                                                                      2-011.                                   manufacture and storage
                                                                                     Requirements of note include:             of equipment containing
                                                                                     (a) Warning labels--The following         flammable refrigerants
                                                                                      markings, or the equivalent, must be     through adherence to good
                                                                                      provided in letters no less than 6.4     manufacturing practices
                                                                                      mm (\1/4\ inch) high and must be         as per 29 CFR 1910.106.
                                                                                      permanent:                               If refrigerant levels in
                                                                                     (b) Attach near the machine               the air surrounding the
                                                                                      compartment: ``DANGER--Risk of Fire or   equipment rise above one-
                                                                                      Explosion. Flammable Refrigerant Used.   fourth of the lower
                                                                                      To Be Repaired Only By Trained Service   flammability limit, the
                                                                                      Personnel. Do Not Puncture Refrigerant   space should be
                                                                                      Tubing''                                 evacuated, and reentry
                                                                                                                               should occur only after
                                                                                                                               the space has been
                                                                                                                               properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.

[[Page 328]]

 
                                                                                        (c) Attach near the machine           A class B dry powder type
                                                                                         compartment: ``CAUTION--Risk of       fire extinguisher should
                                                                                         Fire or Explosion. Flammable          be kept nearby.
                                                                                         Refrigerant Used. Consult Repair     Technicians should only
                                                                                         Manual/Owner's Guide Before           use spark-proof tools
                                                                                         Attempting To Service This Product.   when working on air
                                                                                         All Safety Precautions Must be        conditioning equipment
                                                                                         Followed.''                           with flammable
                                                                                     (d) Attach on the exterior of the         refrigerants.
                                                                                      refrigeration equipment: ``CAUTION--    Any recovery equipment
                                                                                      Risk of Fire or Explosion. Dispose of    used should be designed
                                                                                      Properly In Accordance With Federal Or   for flammable
                                                                                      Local Regulations. Flammable             refrigerants. Only
                                                                                      Refrigerant Used.''                      technicians specifically
                                                                                     (e) Attach near all exposed refrigerant   trained in handling
                                                                                      tubing: ``CAUTION--Risk of Fire or       flammable refrigerants
                                                                                      Explosion Due To Puncture Of             should service
                                                                                      Refrigerant Tubing; Follow Handling      refrigeration equipment
                                                                                      Instructions Carefully. Flammable        containing this
                                                                                      Refrigerant Used.''                      refrigerant. Technicians
                                                                                     (f) Attach on the exterior of the         should gain an
                                                                                      refrigeration equipment: ``This          understanding of
                                                                                      equipment is intended for use in         minimizing the risk of
                                                                                      commercial, industrial, or               fire and the steps to use
                                                                                      institutional occupancies as defined     flammable refrigerants
                                                                                      in the Safety Standard for               safely.
                                                                                      Refrigeration Systems, ANSI/ASHRAE      Room occupants should
                                                                                      15.''                                    evacuate the space
                                                                                     (g) Attach on the exterior of the         immediately following the
                                                                                      shipping carton: ``CAUTION--Risk of      accidental release of
                                                                                      Fire or Explosion. Dispose of Properly   this refrigerant.
                                                                                      In Accordance With Federal Or Local     Personnel commissioning,
                                                                                      Regulations.''                           maintaining, repairing,
                                                                                     (h) The instructions shall include the    decommissioning and
                                                                                      following warnings as necessary:         disposing of appliances
                                                                                     a. ``WARNING: Ensure all ventilation      with this refrigerant
                                                                                      openings are not obstructed.''           should obtain training
                                                                                     b. ``WARNING: Do not use mechanical       and follow practices
                                                                                      devices or other means to accelerate     consistent with Annex HH
                                                                                      the defrosting process, other than       of UL 60335-2-40.3 5
                                                                                      those recommended by the                CAA section 608(c)(2)
                                                                                      manufacturer.''                          prohibits knowingly
                                                                                     c. ``WARNING: Do not damage the           venting or otherwise
                                                                                      refrigerant circuit.''                   knowingly releasing or
                                                                                     Equipment must have distinguishing red    disposing of substitute
                                                                                      (Pantone[supreg] Matching System (PMS)   refrigerants in the
                                                                                      185 or RAL 3020) color-coded    course of maintaining,
                                                                                      hoses and piping to indicate use of a    servicing, repairing or
                                                                                      flammable refrigerant. The laboratory    disposing of an appliance
                                                                                      equipment shall have marked service      or industrial process
                                                                                      ports, pipes, hoses and other devices    refrigeration.
                                                                                      through which the refrigerant is        Department of
                                                                                      serviced. Markings shall extend at       Transportation
                                                                                      least 1 inch (25 mm) from the            requirements for
                                                                                      servicing port and shall be replaced     transport of flammable
                                                                                      if removed.                              gases must be followed.
                                                                                     Equipment must use no more than 150 g    Flammable refrigerants
                                                                                      of R-1150 in each refrigerant circuit    being recovered or
                                                                                      using this refrigerant.                  otherwise disposed of
                                                                                                                               from residential and
                                                                                                                               light commercial air
                                                                                                                               conditioning appliances
                                                                                                                               are likely to be
                                                                                                                               hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
  U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
  Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets, (202) 202-1744. For information on the availability of this material at NARA, visit
  www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected].
\2\ You may obtain this material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology Parkway NW,
  Peachtree Corners, Georgia 30092; phone: 404-636-8400; website: www.ashrae.org.
\3\ You may obtain this material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue, Bensenville, IL 60106; phone: 415-352-2168;
  email: [email protected]; website: https://ulstandards.ul.com/ or www.comm-2000.com.
\4\ ANSI/ASHRAE Standard 15-2019. Safety Standard for Refrigeration Systems, Copyright 2019, including the following addenda to ANSI/ASHRAE Standard 15-
  2019, Safety Standard for Refrigeration Systems:
 Addendum a, ANSI--approved February 6, 2020.
 Addendum b, ANSI--approved February 6, 2020.
 Addendum c, ANSI--approved September 1, 2020.
 Addendum d, ANSI--approved April 29, 2022.

[[Page 329]]

 
 Addendum e, ANSI--approved January 27, 2022.
 Addendum f, ANSI--approved September 30, 2020.
 Addendum i, ANSI--approved July 31, 2020.
 Addendum j, ANSI--approved October 30, 2020.
 Addendum k, ANSI--approved October 30, 2020.
 Addendum m, ANSI--approved June 30, 2022.
 Addendum n, ANSI--approved May 31, 2022.
 Addendum o, ANSI--approved April 29, 2022.
 Addendum q, ANSI--approved May 31, 2022.
 Addendum r, ANSI--approved May 31, 2022.
\5\ UL 60335-2-40, Standard for Safety: Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
  Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, Dated November 1, 2019.
\6\ UL 61010-2-011, Standard for Safety: Safety Requirements for Electrical Equipment for Measurement, Control, and Laboratory Use--Part 011: Particular
  Requirements for Refrigerating Equipment, 2nd edition, Dated May 13, 2021.


             Fire Suppression and Explosion Protection Agents--Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision          Use conditions      Further information
----------------------------------------------------------------------------------------------------------------
1. Total Flooding.............  2-BTP...........  Acceptable        Acceptable only for    This fire suppressant
                                                   Subject to Use    use in normally        has a relatively low
                                                   Conditions.       unoccupied spaces      GWP of 0.23-0.26 and
                                                                     under 500 ft\3\.       a short atmospheric
                                                                                            lifetime of
                                                                                            approximately seven
                                                                                            days.
                                                                                           This agent is subject
                                                                                            to a TSCA section
                                                                                            5(a)(2) SNUR.
                                                                                           For establishments
                                                                                            manufacturing,
                                                                                            installing and
                                                                                            maintaining
                                                                                            equipment using this
                                                                                            agent, EPA
                                                                                            recommends the
                                                                                            following:
                                                                                           
                                                                                            This agent should be
                                                                                            used in accordance
                                                                                            with the safety
                                                                                            guidelines in the
                                                                                            latest edition of
                                                                                            NFPA 2001, Standard
                                                                                            on Clean Agent Fire
                                                                                            Extinguishing
                                                                                            Systems; \1\
                                                                                            In
                                                                                            the case that 2-BTP
                                                                                            is inhaled,
                                                                                            person(s) should be
                                                                                            immediately removed
                                                                                            and exposed to fresh
                                                                                            air; if breathing is
                                                                                            difficult, person(s)
                                                                                            should seek medical
                                                                                            attention;
                                                                                           
                                                                                            Eye wash and quick
                                                                                            drench facilities
                                                                                            should be available.
                                                                                            In case of ocular
                                                                                            exposure, person(s)
                                                                                            should immediately
                                                                                            flush the eyes,
                                                                                            including under the
                                                                                            eyelids, with fresh
                                                                                            water and move to a
                                                                                            non-contaminated
                                                                                            area;
                                                                                           
                                                                                            Exposed persons
                                                                                            should remove all
                                                                                            contaminated
                                                                                            clothing and
                                                                                            footwear to avoid
                                                                                            irritation; and
                                                                                            medical attention
                                                                                            should be sought if
                                                                                            irritation develops
                                                                                            or persists;
                                                                                           
                                                                                            Although unlikely,
                                                                                            in case of ingestion
                                                                                            of 2-BTP, the
                                                                                            person(s) should
                                                                                            consult a physician
                                                                                            immediately;
                                                                                           
                                                                                            Manufacturing space
                                                                                            should be equipped
                                                                                            with specialized
                                                                                            engineering controls
                                                                                            and well ventilated
                                                                                            with a local exhaust
                                                                                            system and low-lying
                                                                                            source ventilation
                                                                                            to effectively
                                                                                            mitigate potential
                                                                                            occupational
                                                                                            exposure; regular
                                                                                            testing and
                                                                                            monitoring of the
                                                                                            workplace atmosphere
                                                                                            should be conducted;
                                                                                           
                                                                                            Employees
                                                                                            responsible for
                                                                                            chemical processing
                                                                                            should wear the
                                                                                            appropriate PPE,
                                                                                            such as protective
                                                                                            gloves, tightly
                                                                                            sealed goggles,
                                                                                            protective work
                                                                                            clothing, and
                                                                                            suitable respiratory
                                                                                            protection in case
                                                                                            of accidental
                                                                                            release or
                                                                                            insufficient
                                                                                            ventilation;
                                                                                           
                                                                                            All spills should be
                                                                                            cleaned up
                                                                                            immediately in
                                                                                            accordance with good
                                                                                            industrial hygiene
                                                                                            practices; and

[[Page 330]]

 
                                                                                           
                                                                                            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.
                                                                                           
                                                                                            Safety features that
                                                                                            are typical of total
                                                                                            flooding systems
                                                                                            such as predischarge
                                                                                            alarms, time delays,
                                                                                            and system abort
                                                                                            switches should be
                                                                                            provided, as
                                                                                            directed by
                                                                                            applicable OSHA
                                                                                            regulations and NFPA
                                                                                            standards.\1\ Use of
                                                                                            this agent should
                                                                                            also conform to
                                                                                            relevant OSHA
                                                                                            requirements,
                                                                                            including 29 CFR
                                                                                            1910.160 and
                                                                                            1910.162.
                                                                                           See notes 1 through 5
                                                                                            to this table.
2. Streaming..................  2-BTP...........  Acceptable,       Acceptable only for    This fire suppressant
                                                   Subject to Use    use in non-            has a relatively low
                                                   Conditions.       residential            GWP of 0.23-0.26 and
                                                                     applications, except   a short atmospheric
                                                                     for commercial home    lifetime of
                                                                     office and personal    approximately seven
                                                                     watercraft.            days.
                                                                                           This agent is subject
                                                                                            to a TSCA section
                                                                                            5(a)(2) SNUR.
                                                                                           For establishments
                                                                                            manufacturing,
                                                                                            installing and
                                                                                            maintaining
                                                                                            equipment using this
                                                                                            agent, EPA
                                                                                            recommends the
                                                                                            following:
                                                                                           
                                                                                            This agent should be
                                                                                            used in accordance
                                                                                            with the safety
                                                                                            guidelines in the
                                                                                            latest edition of
                                                                                            NFPA 10, Standard
                                                                                            for Portable Fire
                                                                                            Extinguishers; \1\
                                                                                            In
                                                                                            the case that 2-BTP
                                                                                            is inhaled,
                                                                                            person(s) should be
                                                                                            immediately removed
                                                                                            and exposed to fresh
                                                                                            air; if breathing is
                                                                                            difficult, person(s)
                                                                                            should seek medical
                                                                                            attention;
                                                                                           
                                                                                            Eye wash and quick
                                                                                            drench facilities
                                                                                            should be available.
                                                                                            In case of ocular
                                                                                            exposure, person(s)
                                                                                            should immediately
                                                                                            flush the eyes,
                                                                                            including under the
                                                                                            eyelids, with fresh
                                                                                            water and move to a
                                                                                            non-contaminated
                                                                                            area;
                                                                                           
                                                                                            Exposed persons
                                                                                            should remove all
                                                                                            contaminated
                                                                                            clothing and
                                                                                            footwear to avoid
                                                                                            irritation; and
                                                                                            medical attention
                                                                                            should be sought if
                                                                                            irritation develops
                                                                                            or persists;
                                                                                           
                                                                                            Although unlikely,
                                                                                            in case of ingestion
                                                                                            of 2-BTP, the
                                                                                            person(s) should
                                                                                            consult a physician
                                                                                            immediately;
                                                                                           
                                                                                            Manufacturing space
                                                                                            should be equipped
                                                                                            with specialized
                                                                                            engineering controls
                                                                                            and well ventilated
                                                                                            with a local exhaust
                                                                                            system and low-lying
                                                                                            source ventilation
                                                                                            to effectively
                                                                                            mitigate potential
                                                                                            occupational
                                                                                            exposure; regular
                                                                                            testing and
                                                                                            monitoring of the
                                                                                            workplace atmosphere
                                                                                            should be conducted;
                                                                                           
                                                                                            Employees
                                                                                            responsible for
                                                                                            chemical processing
                                                                                            should wear the
                                                                                            appropriate PPE,
                                                                                            such as protective
                                                                                            gloves, tightly
                                                                                            sealed goggles,
                                                                                            protective work
                                                                                            clothing, and
                                                                                            suitable respiratory
                                                                                            protection in case
                                                                                            of accidental
                                                                                            release or
                                                                                            insufficient
                                                                                            ventilation;
                                                                                           
                                                                                            All spills should be
                                                                                            cleaned up
                                                                                            immediately in
                                                                                            accordance with good
                                                                                            industrial hygiene
                                                                                            practices; and

[[Page 331]]

 
                                                                                           
                                                                                            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 notes 1 through 5
                                                                                            to this table.
3. Total Flooding.............  EXXFIRE [supreg]  Acceptable        Acceptable only for    Use of this agent
                                                   Subject to Use    use in normally        should be in
                                                   Conditions.       unoccupied spaces.     accordance with the
                                                                                            safety guidelines in
                                                                                            the latest edition
                                                                                            of the NFPA 2001,
                                                                                            Standard on Clean
                                                                                            Agent Fire
                                                                                            Extinguishing
                                                                                            Systems.\1\
                                                                                           For establishments
                                                                                            manufacturing,
                                                                                            installing and
                                                                                            maintaining
                                                                                            equipment using this
                                                                                            agent, EPA
                                                                                            recommends the
                                                                                            following:
                                                                                            In
                                                                                            the case that
                                                                                            EXXFIRE [supreg] is
                                                                                            inhaled, person(s)
                                                                                            should be
                                                                                            immediately removed
                                                                                            and exposed to fresh
                                                                                            air.
                                                                                           
                                                                                            Eye wash and quick
                                                                                            drench facilities
                                                                                            should be available.
                                                                                            In case of ocular
                                                                                            exposure, person(s)
                                                                                            should immediately
                                                                                            flush the eyes with
                                                                                            water for a minimum
                                                                                            of 15 minutes.
                                                                                            In
                                                                                            the case of dermal
                                                                                            exposure, the SDS
                                                                                            recommends that
                                                                                            person(s) should
                                                                                            remove large grain
                                                                                            particles, rinse
                                                                                            with water for a
                                                                                            minimum of 15
                                                                                            minutes, and remove
                                                                                            all contaminated
                                                                                            clothing.
                                                                                           
                                                                                            Manufacturing space
                                                                                            should be equipped
                                                                                            with engineering
                                                                                            controls,
                                                                                            specifically an
                                                                                            adequate exhaust
                                                                                            ventilation system,
                                                                                            to effectively
                                                                                            mitigate potential
                                                                                            occupational
                                                                                            exposure.
                                                                                           
                                                                                            Employees
                                                                                            responsible for
                                                                                            chemical processing
                                                                                            should wear the
                                                                                            appropriate
                                                                                            personnel protective
                                                                                            equipment (PPE),
                                                                                            such as protective
                                                                                            gloves, tightly
                                                                                            sealed goggles,
                                                                                            protective work
                                                                                            clothing, and
                                                                                            suitable respiratory
                                                                                            protection in case
                                                                                            of accidental
                                                                                            release or
                                                                                            insufficient
                                                                                            ventilation.
                                                                                           
                                                                                            All spills should be
                                                                                            cleaned up
                                                                                            immediately in
                                                                                            accordance with good
                                                                                            industrial hygiene
                                                                                            practices.
                                                                                           
                                                                                            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.
                                                                                           
                                                                                            Safety features that
                                                                                            are typical of total
                                                                                            flooding systems
                                                                                            such as predischarge
                                                                                            alarms, time delays,
                                                                                            and system abort
                                                                                            switches should be
                                                                                            provided, as
                                                                                            directed by
                                                                                            applicable OSHA
                                                                                            regulations and NFPA
                                                                                            standards.\1\
                                                                                           See notes 1 through 5
                                                                                            to this table.
4. Total Flooding.............  Powdered Aerosol  Acceptable        Acceptable only for    Use of this agent
                                 H.                Subject to Use    use in normally        should be in
                                                   Conditions.       unoccupied spaces.     accordance with the
                                                                                            safety guidelines in
                                                                                            the latest edition
                                                                                            of NFPA 2010,
                                                                                            Standard for Fixed
                                                                                            Aerosol Fire
                                                                                            Extinguishing
                                                                                            Systems.\1\
                                                                                           For establishments
                                                                                            manufacturing,
                                                                                            installing, and
                                                                                            maintaining
                                                                                            equipment using this
                                                                                            agent, EPA
                                                                                            recommends the
                                                                                            following:

[[Page 332]]

 
                                                                                           
                                                                                            Workers should use
                                                                                            appropriate safety
                                                                                            and protective
                                                                                            equipment (e.g.,
                                                                                            protective gloves,
                                                                                            tightly sealed
                                                                                            goggles, protective
                                                                                            work clothing, and
                                                                                            particulate-removing
                                                                                            respirators using
                                                                                            NIOSH type N95 or
                                                                                            better filters)
                                                                                            consistent with OSHA
                                                                                            guidelines.
                                                                                            A
                                                                                            local exhaust system
                                                                                            should be installed
                                                                                            and operated to
                                                                                            provide adequate
                                                                                            ventilation to
                                                                                            reduce airborne
                                                                                            exposure to Powdered
                                                                                            Aerosol H
                                                                                            constituents.
                                                                                            An
                                                                                            eye wash fountain
                                                                                            and quick drench
                                                                                            facility should be
                                                                                            close to the
                                                                                            production area.
                                                                                           
                                                                                            Training for safe
                                                                                            handling procedures
                                                                                            should be provided
                                                                                            to all employees
                                                                                            that would be likely
                                                                                            to handle the
                                                                                            containers of the
                                                                                            agent or
                                                                                            extinguishing units
                                                                                            filled with the
                                                                                            agent.
                                                                                           
                                                                                            Workers responsible
                                                                                            for cleanup should
                                                                                            allow particulates
                                                                                            to settle before
                                                                                            reentering area and
                                                                                            wear appropriate
                                                                                            personal protective
                                                                                            equipment.
                                                                                           
                                                                                            All spills should be
                                                                                            cleaned up
                                                                                            immediately in
                                                                                            accordance with good
                                                                                            industrial hygiene
                                                                                            practices.
                                                                                           See notes 1 through 5
                                                                                            to this table.
----------------------------------------------------------------------------------------------------------------
\1\ National Fire Protection Association (NFPA) standards are available from www.nfpa.org.
Note 1: EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting
  the appropriate types of personal protective equipment for all listed fire suppression agents. 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.
Note 2: Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR
  1910.160 and 1910.162.
Note 3: Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter
  the area.
Note 4: Discharge testing should be strictly limited to that which is essential to meet safety or performance
  requirements.
Note 5: The agent should be recovered from the fire protection system in conjunction with testing or servicing
  and recycled for later use or destroyed.


[88 FR 26424, Apr. 28, 2023]



                   Subpart H_Halon Emissions Reduction

    Source: 63 FR 11096, Mar. 5, 1998, unless otherwise noted.



Sec.  82.250  Purpose and scope.

    (a) The purpose of this subpart is to reduce the emissions of halon 
in accordance with section 608 of the Clean Air Act by banning the 
manufacture of halon blends; banning the intentional release of halons 
during repair, testing, and disposal of equipment containing halons and 
during technician training; requiring organizations that employ 
technicians to provide emissions reduction training; and requiring 
proper disposal of halons and equipment containing halons.
    (b) This subpart applies to any person testing, servicing, 
maintaining, repairing or disposing of equipment that contains halons or 
using such equipment during technician training. This subpart also 
applies to any person disposing of halons; to manufacturers of halon 
blends; and to organizations that employ technicians who service halon-
containing equipment.



Sec.  82.260  Definitions.

    Halon-containing equipment means equipment used to store, transfer, 
and/or disperse halon.
    Disposal of halon means the process leading to and including 
discarding of halon from halon-containing equipment.
    Disposal of halon-containing equipment means the process leading to 
and including:

[[Page 333]]

    (1) The discharge, deposit, dumping or placing of any discarded 
halon-containing equipment into or on any land or water;
    (2) The disassembly of any halon-containing equipment for discharge, 
deposit, or dumping or placing of its discarded component parts into or 
on any land or water; or
    (3) The disassembly of any halon-containing equipment for reuse of 
its component parts.
    Halon means any of the Class I, Group II substances listed in 
subpart A, appendix A of 40 CFR part 82. This group consists of the 
three halogenated hydrocarbons known as Halon 1211, Halon 1301, and 
Halon 2402, and all isomers of these chemicals.
    Halon product means any mixture or combination of substances that 
contains only one halon (e.g., Halon 1301 plus dinitrogen gas 
(N2))
    Halon blend means any mixture or combination of substances that 
contains two or more halons.
    Manufacturer means any person engaged in the direct manufacture of 
halon, halon blends or halon-containing equipment.
    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.
    Technician means any person who performs testing, maintenance, 
service, or repair that could reasonably be expected to release halons 
from equipment into the atmosphere. Technician also means any person who 
performs disposal of equipment that could reasonably be expected to 
release halons from the equipment into the atmosphere. Technician 
includes but is not limited to installers, contractor employees, in-
house service personnel, and in some cases, owners.



Sec.  82.270  Prohibitions.

    (a) Effective April 6, 1998 no person may newly manufacture any 
halon blend. Halon blends manufactured solely for the purpose of 
aviation fire protection are not subject to this prohibition, provided 
that:
    (1) The manufacturer or its designee is capable of recycling the 
blend to the relevant industry standards for the chemical purity of each 
individual halon;
    (2) The manufacturer includes in all sales contracts for blends 
produced by it on or after April 6, 1998 the provision that the blend 
must be returned to it or its designee for recycling; and
    (3) The manufacturer or its designee in fact recycles blends 
produced by the manufacturer on or after April 6, 1998 and returned to 
it for recycling to the relevant industry standards for the chemical 
purity of each individual halon.
    (b) Effective April 6, 1998, no person testing, maintaining, 
servicing, repairing, or disposing of halon-containing equipment or 
using such equipment for technician training may knowingly vent or 
otherwise release into the environment any halons used in such 
equipment.
    (1) De minimis releases associated with good faith attempts to 
recycle or recover halon are not subject to this prohibition.
    (2) Release of residual halon contained in fully discharged total 
flooding fire extinguishing systems would be considered a de minimis 
release associated with good faith attempts to recycle or recover halon.
    (3) Release of halons during testing of fire extinguishing systems 
is not subject to this prohibition if the following four conditions are 
met:
    (i) Systems or equipment employing suitable alternative fire 
extinguishing agents are not available;
    (ii) System or equipment testing requiring release of extinguishing 
agent is essential to demonstrate system or equipment functionality;
    (iii) Failure of the system or equipment would pose great risk to 
human safety or the environment; and
    (iv) A simulant agent cannot be used in place of the halon during 
system or equipment testing for technical reasons.
    (4) Releases of halons associated with research and development of 
halon alternatives, and releases of halons necessary during analytical 
determination

[[Page 334]]

of halon purity using established laboratory practices are exempt from 
this prohibition.
    (5) This prohibition does not apply to qualification and development 
testing during the design and development process of halon-containing 
systems or equipment when such tests are essential to demonstrate system 
or equipment functionality and when a suitable simulant agent can not be 
used in place of the halon for technical reasons.
    (6) This prohibition does not apply to the emergency release of 
halons for the legitimate purpose of fire extinguishing, explosion 
inertion, or other emergency applications for which the equipment or 
systems were designed.
    (c) Effective April 6, 1998, organizations that employ technicians 
who test, maintain, service, repair or dispose of halon-containing 
equipment shall take appropriate steps to ensure that technicians hired 
on or before April 6, 1998 will be trained regarding halon emissions 
reduction by September 1, 1998. Technicians hired after April 6, 1998 
shall be trained regarding halon emissions reduction within 30 days of 
hiring, or by September 1, 1998, whichever is later.
    (d) Effective April 6, 1998, no person shall dispose of halon-
containing equipment except by sending it for halon recovery to a 
manufacturer operating in accordance with NFPA 10 and NFPA 12A 
standards, a fire equipment dealer operating in accordance with NFPA 10 
and NFPA 12A standards or a recycler operating in accordance with NFPA 
10 and NFPA 12A standards. This provision does not apply to ancillary 
system devices such as electrical detection control components which are 
not necessary to the safe and secure containment of the halon within the 
equipment, to fully discharged total flooding systems, or to equipment 
containing only de minimis quantities of halons.
    (e) No person shall dispose of halon except by sending it for 
recycling to a recycler operating in accordance with NFPA 10 and NFPA 
12A standards, or by arranging for its destruction using one of the 
controlled processes approved by the Parties and listed in the 
definition of destruction in Sec.  82.3.
    (f) Effective April 6, 1998, no owner of halon-containing equipment 
shall allow halon release to occur as a result of failure to maintain 
such equipment.

[63 FR 11096, Mar. 5, 1998, as amended at 85 FR 15301, Mar. 17, 2020]



     Subpart I_Ban on Refrigeration and Air-Conditioning Appliances 
                            Containing HCFCs

    Source: 74 FR 66467, Dec. 15, 2009, unless otherwise noted.



Sec.  82.300  Purpose.

    The purpose of this subpart is to protect stratospheric ozone by 
restricting the sale and distribution of HCFC containing appliances 
under authority of section 615 of the Clean Air Act as amended in 1990.



Sec.  82.302  Definitions.

    As used in this subpart, the term:
    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.
    Class I substance means any controlled substance designated as class 
I in 40 CFR part 82, appendix A to subpart A.
    Class II substance means any controlled substance designated as 
class II in 40 CFR part 82, appendix B to subpart A.
    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, including sale or distribution preceding export from, or 
following import to, the United States.
    Hydrochlorofluorocarbon means any substance listed as class II in 40 
CFR part 82, appendix B to subpart A.
    Manufactured, for an appliance, means the date on which the 
appliance's refrigerant circuit is complete,

[[Page 335]]

the appliance can function, the appliance holds a refrigerant charge, 
and the appliance is ready for use for its intended purposes; for a pre-
charged appliance component, ``manufactured'' means the date that the 
original equipment manufacturer has physically completed assembly of the 
component, the component is charged with refrigerant, and the component 
is ready for initial sale or distribution.
    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.
    Pre-charged appliance means any appliance charged with refrigerant 
prior to sale or distribution, or offer for sale or distribution in 
interstate commerce.
    Pre-charged appliance component means any portion of an appliance 
including but not limited to condensers, compressors, line sets, and 
coils that is charged with refrigerant prior to sale or distribution or 
offer for sale or distribution in interstate commerce.
    Product means an item or category of items manufactured from raw or 
recycled materials which is used to perform a function or task.
    Refrigerant means, for purposes of this subpart, 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.



Sec.  82.304  Prohibitions.

    Effective January 1, 2010, no person may sell or distribute, or 
offer to sell or distribute, in interstate commerce any product 
identified in Sec.  82.306.



Sec.  82.306  Prohibited products.

    Effective January 1, 2010, the following products are subject to the 
prohibitions specified under Sec.  82.304--
    (a) Any pre-charged appliance manufactured on or after January 1, 
2010 containing HCFC-22, HCFC-142b or a blend containing one or both of 
these controlled substances.
    (b) Any pre-charged appliance component for air-conditioning or 
refrigeration appliances manufactured on or after January 1, 2010 
containing HCFC-22, HCFC-142b, or a blend containing one or both of 
these controlled substances.

                           PART 83 [RESERVED]



PART 84_PHASEDOWN OF HYDROFLUOROCARBONS--Table of Contents



              Subpart A_Production and Consumption Controls

Sec.
84.1 Purpose and scope.
84.3 Definitions.
84.5 Prohibitions relating to regulated substances.
84.7 Phasedown schedule.
84.9 Allocation of calendar-year production allowances.
84.11 Allocation of calendar-year consumption allowances.
84.13 Allocation of application-specific allowances.
84.15 Set-aside of application-specific allowances, production 
          allowances, and consumption allowances.
84.17 Availability of additional consumption allowances.
84.19 Transfers of allowances.
84.21 Sale or conveyance of regulated substances produced or imported 
          with application-specific allowances.
84.23 Certification identification generation and tracking.
84.25 Required processes to import regulated substances as feedstocks or 
          for destruction.
84.27 Controlling emissions of HFC-23.
84.29 Destruction of regulated substances.
84.31 Recordkeeping and reporting.
84.33 Auditing of recordkeeping and reporting.
84.35 Administrative consequences.

Subpart B [Reserved]

Appendix A to Part 84--Regulated Substances

    Authority: Pub. L. 116-260, Division S, Sec. 103.

    Source: 86 FR 55201, Oct. 5, 2021, unless otherwise noted.



              Subpart A_Production and Consumption Controls



Sec.  84.1  Purpose and scope.

    (a) The purpose of the regulations in this subpart is to implement 
certain provisions of the American Innovation

[[Page 336]]

and Manufacturing Act of 2020 (AIM Act), enacted as part of Public Law 
116-260. In particular, the AIM Act imposes limits on the production and 
consumption of certain regulated substances, according to a specified 
schedule, which are addressed by this subpart. (b) This subpart applies 
to any person that produces, transforms, destroys, imports, exports, 
sells or distributes, offers for sale or distribution, recycles for fire 
suppression, or reclaims a regulated substance and to end users in the 
six applications listed in subsection (e)(4)(B)(iv) of the AIM Act.

[86 FR 55206, Oct. 5, 2021]



Sec.  84.3  Definitions.

    As used in this subpart, the term:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative.
    Allowance means a limited authorization for the production or 
consumption of a regulated substance established under subsection (e) of 
section 103 in Division S, Innovation for the Environment, of the 
Consolidated Appropriations Act, 2021 (Pub. L. 116-260) (the AIM Act). 
An allowance allocated under subsection (e) of section 103 in Division S 
of the AIM Act does not constitute a property right.
    Application-specific allowance means a limited authorization granted 
in accordance with subsection (e)(4)(B)(iv) of the AIM Act for the 
production or import of a regulated substance for use in the 
specifically identified applications that are listed in that subsection 
and in accordance with the restrictions contained at Sec.  84.5(c). An 
application-specific allowance does not constitute a property right.
    Bulk means a regulated substance of any amount that is in a 
container for the transportation or storage of that substance such as 
cylinders, drums, ISO tanks, and small cans. A regulated substance that 
must first be transferred from a container to another container, vessel, 
or piece of equipment in order to realize its intended use is a bulk 
substance. A regulated substance contained in a manufactured product 
such as an appliance, an aerosol can, or a foam is not a bulk substance.
    Chemical vapor deposition chamber cleaning means, in the context of 
semiconductor manufacturing, a process type in which chambers used for 
depositing thin films are cleaned periodically using plasma-generated 
fluorine atoms and other reactive fluorine-containing fragments.
    Confer means to shift unexpended application-specific allowances 
obtained in accordance with subsection (e)(4)(B)(iv) of the AIM Act from 
the end user allocated such allowances to one or more entities in the 
supply chain for the production or import of a regulated substance for 
use by the end user.
    Consumption, with respect to a regulated substance, means production 
plus imports minus exports.
    Consumption allowances means a limited authorization to produce and 
import regulated substances; however, consumption allowances may be used 
to produce regulated substances only in conjunction with production 
allowances. A person's consumption allowances are the total of the 
allowances obtained under Sec.  84.11 or Sec.  84.15 as may be modified 
under Sec. Sec.  84.17 (availability of additional consumption 
allowances), 84.19 (transfer of allowances), and 84.35 (administrative 
consequences).
    Defense spray means an aerosol-based spray used for self-defense, 
including pepper spray and animal sprays, and containing the irritant 
capsaicin and related capsaicinoids (derived from oleoresin capsicum), 
an emulsifier, and an aerosol propellant.
    Destruction means the expiration of a regulated substance to the 
destruction and removal efficiency actually achieved. Such destruction 
might result in a commercially useful end product, but such usefulness 
would be secondary to the act of destruction.
    Etching means, in the context of semiconductor manufacturing, a 
process type that uses plasma-generated fluorine atoms and other 
reactive fluorine-containing fragments that chemically react with 
exposed thin films (e.g., dielectric, metals) or substrate (e.g., 
silicon) to selectively remove portions of material. This includes 
semiconductor production processes using fluorinated GHG reagents to 
clean wafers.

[[Page 337]]

    Exchange value means the value assigned to a regulated substance in 
accordance with AIM Act subsections (c) and (e), as applicable, and as 
provided in appendix A to this part.
    Exchange value equivalent (EVe) means the exchange value-weighted 
amount of a regulated substance obtained by multiplying the mass of a 
regulated substance by the exchange value of that substance.
    Export means the transport 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 onboard use.
    Exporter means the person who contracts to sell regulated substances 
for export or transfers regulated substances to his affiliate in another 
country.
    Facility means one or more production lines at the same location 
owned by or under common control of the same person.
    Final customer means the last person to purchase a bulk regulated 
substance before its intended use. Final customer includes, but is not 
limited to, air conditioning contractors in the residential air 
conditioning market, foam systems houses, aerosol fillers, semiconductor 
manufacturers, air conditioning and refrigeration equipment 
manufacturers that ship equipment pre-charged, and fire extinguisher 
manufacturers.
    Foreign country means an entity that is recognized as a sovereign 
nation or country other than the United States of America.
    Heel means the amount of a regulated substance that remains in a 
container after the container is discharged or offloaded (that is no 
more than 10 percent of the volume of the container).
    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, regardless of whether that landing, 
bringing, or introduction constitutes an importation within the meaning 
of the customs laws of the United States. Offloading used regulated 
substances recovered from equipment aboard a marine vessel, aircraft, or 
other aerospace vehicle during servicing is not considered an import.
    Importer means any person who imports a regulated substance 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:
    (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 regulated substance for 
which a person may make one (1) U.S. Customs entry, as identified in the 
non-objection notice obtained from the relevant Agency official in 
accordance with Sec.  84.25.
    Metered dose inhaler (MDI) means a handheld pressurized inhalation 
system that delivers small, precisely measured therapeutic doses of 
medication directly to the airways of a patient. MDIs treat health 
conditions such as asthma and chronic obstructive pulmonary disease and 
are approved for such use by the U.S. Food and Drug Administration 
(FDA).
    Mission-critical military end uses means those uses of regulated 
substances by an agency of the Federal Government responsible for 
national defense that have a direct impact on mission capability, as 
determined by the U.S. Department of Defense, including, but not limited 
to uses necessary for development, testing, production, training, 
operation, and maintenance of Armed Forces vessels, aircraft, space 
systems, ground vehicles, amphibious vehicles, deployable/expeditionary 
support equipment, munitions, and command and control systems.
    Non-objection notice means the limited authorization granted by the 
relevant Agency official to import a specific individual shipment of a 
regulated substance in accordance with Sec.  84.25.
    On board aerospace fire suppression means use of a regulated 
substance in fire suppression equipment used on board commercial and 
general aviation aircraft, including commercial-derivative aircraft for 
military use; rotorcraft; and space vehicles. On board commercial 
aviation fire suppression

[[Page 338]]

systems are installed throughout mainline and regional passenger and 
freighter aircraft, including engine nacelles, auxiliary power units 
(APUs), lavatory trash receptacles, baggage/crew compartments, and 
handheld extinguishers.
    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.
    Process agent means the use of a regulated substance to form the 
environment for a chemical reaction or inhibiting an unintended chemical 
reaction (e.g., use as a solvent, catalyst, or stabilizer) where the 
regulated substance is not consumed in the reaction, but is removed or 
recycled back into the process and where no more than trace quantities 
remain in the final product. A feedstock, in contrast, is consumed 
during the reaction.
    Production/Produce means the manufacture of a regulated substance 
from a raw material or feedstock chemical (but not including the 
destruction of a regulated substance by a technology approved by the 
Administrator as provided in Sec.  84.29). The term production does not 
include:
    (1) The manufacture of a regulated substance that is used and 
entirely consumed (except for trace quantities) in the manufacture of 
another chemical;
    (2) The reclamation, reuse, or recycling of a regulated substance; 
or
    (3) Insignificant quantities of a regulated substance inadvertently 
or coincidentally generated from any of the following, independent 
circumstances: 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, as an unintended byproduct of research and development 
applications, or during semiconductor manufacturing processes.
    Production allowances means the limited authorization to produce 
regulated substances; however, production allowances may be used to 
produce regulated substances only in conjunction with consumption 
allowances. A person's production allowances are the total of the 
allowances obtained under Sec.  84.9 or Sec.  84.15 as may be modified 
under Sec. Sec.  84.19 (transfer of allowances) and 84.35 
(administrative consequences).
    Production line means any process equipment (e.g., reactor, 
distillation column) used to convert raw materials or feedstock 
chemicals into regulated substances or consume regulated substances in 
the production of other chemicals.
    Reclaim means the reprocessing of regulated substances to all of the 
specifications in appendix A to 40 CFR part 82, subpart F (based on AHRI 
Standard 700-2016) that are applicable to that regulated substance and 
to verify that the regulated substance meets these specifications using 
the analytical methodology prescribed in section 5 of appendix A to 40 
CFR part 82, subpart F.
    Regulated substance means a hydrofluorocarbon listed in the table 
contained in subsection (c)(1) of the AIM Act and a substance included 
as a regulated substance by the Administrator under the authority 
granted in subsection (c)(3). A current list of regulated substances can 
be found in appendix A to this part.
    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.
    Structural composite preformed polyurethane foam means a foam blown 
from polyurethane that is reinforced with fibers and with polymer resin 
during the blowing process, and is preformed into the required shape 
(e.g., specific boat or trailer design) to increase structural strength 
while reducing the weight of such structures.
    Transform means to use and entirely consume (except for trace 
quantities) a controlled substance in the manufacture of other 
chemicals. A regulated substance that is used and entirely

[[Page 339]]

consumed (except for trace quantities) in the manufacture of another 
chemical is called a feedstock.
    Transhipment means the continuous shipment of a regulated substance, 
from a foreign country of origin through the United States or its 
territories, to a second foreign country of final destination, as long 
as the shipment does not enter U.S. commerce. A transhipment, as it 
moves through the United States or its territories, cannot be 
repackaged, sorted, or otherwise changed in condition.
    Used regulated substances means regulated substances that have been 
recovered from their intended use systems (including regulated 
substances that have been, or may be subsequently, recycled or 
reclaimed).

[86 FR 55201, 55206, Oct. 5, 2021]



Sec.  84.5  Prohibitions relating to regulated substances.

    (a) Production. (1) As of January 1, 2022, no person may produce 
regulated substances, intentionally or unintentionally, in excess of the 
quantity of unexpended production allowances and consumption allowances 
or unexpended application-specific allowances held by that person under 
the authority of this subpart at that time in that control period. Every 
kilogram of production in excess of allowances expended constitutes a 
separate violation of this subpart. The required amount of allowances 
that must be expended will be calculated to the tenth with a minimum 
expenditure of 0.1 allowances for any production of regulated 
substances.
    (2) As of January 1, 2022, no person may expend production 
allowances to produce a quantity of regulated substances unless that 
person expends an equal quantity of consumption allowances at the same 
time.
    (3) A person is not required to expend production, consumption, or 
application-specific allowances to produce regulated substances if the 
regulated substances are destroyed using a technology approved by the 
Administrator for destruction under Sec.  84.29 within 30 days of 
generating the regulated substance if the destruction technology is 
located at the facility where production occurred or 120 days of 
generating the regulated substance if the destruction technology is not 
located at the facility where production occurred.
    (4) No person may expend production or consumption allowances for 
generation of HFC-23 that is emitted at the same facility as where it is 
produced. Consistent with this prohibition, prior to the emissions 
standard compliance date established in Sec.  84.27, neither production 
nor consumption allowances are required for HFC-23 emitted at the same 
facility as where it is produced.
    (b) Import. This paragraph applies starting January 1, 2022.
    (1) No person may import bulk regulated substances, except:
    (i) By expending, at the time of the import, consumption or 
application-specific allowances in a quantity equal to the exchange-
value weighted equivalent of the regulated substances imported, with the 
required amount of allowances calculated to the tenth, but a minimum 
expenditure of 0.1 allowances is required for any import of regulated 
substances;
    (ii) After receipt of a non-objection notice for substances for use 
in a process resulting in their transformation or their destruction in 
accordance with Sec.  84.25(a);
    (iii) After receipt of a non-objection notice for used regulated 
substances imported for destruction in accordance with Sec.  84.25(b); 
or
    (iv) As a transhipment in accordance with Sec.  84.31(c)(3) if all 
transhipped regulated substance is exported from the United States 
within six months of its import.
    (2) Each person meeting the definition of importer for a particular 
regulated substance import transaction is jointly and severally liable 
for a violation of paragraph (b)(1) of this section, unless they can 
demonstrate that another party who meets the definition of an importer 
met one of the exceptions set forth in paragraph (b)(1).
    (3) Imports authorized under paragraph (b)(1)(ii) of this section 
may not be in containers designed to hold 100 pounds or less of a 
regulated substance.
    (4) A person issued a non-objection notice for the import of an 
individual shipment of regulated substances under

[[Page 340]]

paragraph (b)(1)(ii) or (iii) of this section may not transfer or confer 
the right to import.
    (5) No person may introduce into U.S. commerce any regulated 
substance claimed as a transhipment.
    (6) Every kilogram of bulk regulated substances imported contrary to 
this paragraph (b) constitutes a separate violation of this subpart. 
Import of less than one kilogram of bulk regulated substance contrary to 
this paragraph (b) constitutes a separate violation of this subpart.
    (c) Application-specific uses. (1) As of January 1, 2022, no person 
may confer application-specific allowances for the production or import 
of a regulated substance in excess of the amount of unexpended 
application-specific allowances held by that person under the authority 
of this subpart at that time in that control period. No person may 
expend an application-specific allowance for regulated substances to be 
used in any application other than the one identified by the 
application-specific allowance expended. Every kilogram of production or 
import in excess of the application-specific allowances expended by the 
producer or importer constitutes a separate violation of this subpart. 
Production or import of less than one kilogram of regulated substance in 
excess of the application-specific allowances expended by the producer 
or importer constitutes a separate violation of this subpart.
    (2) No person may use a regulated substance produced or imported by 
expending application-specific allowances for any purpose other than 
those for which the application-specific allowance was allocated, and as 
set forth in this paragraph (c). Application-specific allowances are 
apportioned to a person under Sec. Sec.  84.13 and 84.15 for the 
production or import of regulated substances solely for the individual 
application listed on the allowance, which may include:
    (i) A propellant in metered dose inhalers;
    (ii) Defense sprays;
    (iii) Structural composite preformed polyurethane foam for marine 
use and trailer use;
    (iv) The etching of semiconductor material or wafers and the 
cleaning of chemical vapor deposition chambers within the semiconductor 
manufacturing sector;
    (v) Mission-critical military end uses, such as armored vehicle 
engine and shipboard fire suppression systems and systems used in 
deployable and expeditionary applications; and
    (vi) On board aerospace fire suppression.
    (3) This provision applies starting January 1, 2022.
    (i) No person may acquire application-specific allowances unless for 
use in the same application as associated with the application-specific 
allowance. No person may transfer or confer application-specific 
allowances unless for use in the same application as associated with the 
application-specific allowance.
    (ii) No person may acquire or sell regulated substances produced or 
imported using application-specific allowances for use in anything other 
than the application for which it was originally allocated. Every 
kilogram of a regulated substance imported or exported in contravention 
of this paragraph constitutes a separate violation of this subpart. 
Import or export of less than one kilogram of regulated substance in 
contravention of this paragraph constitutes a separate violation of this 
subpart.
    (d) Calendar-year allowances. All production, consumption, and 
application-specific allowances are valid only for the calendar year for 
which they are allocated (i.e., January 1 through December 31). No 
person may expend, transfer, or confer a production, consumption, or 
application-specific allowance after December 31 of the year for which 
it was issued.
    (e) International transfers. This paragraph applies starting January 
1, 2022. (1) No person subject to the requirements of this subpart may 
transfer a production allowance to a person in a foreign country unless 
that country has established the same or similar requirements or 
otherwise undertaken commitments regarding the production and 
consumption of regulated substances as are contained in the AIM Act, as 
determined by the relevant agency official.

[[Page 341]]

    (2) No person may transfer production allowances to or from a person 
in a foreign country without satisfying the requirements in Sec.  84.19. 
Every production allowance transferred in contravention of this 
paragraph constitutes a separate violation of this subpart.
    (f) Sale and distribution. No person may sell or distribute, or 
offer for sale or distribution, any regulated substance that was 
produced or imported in violation of paragraphs (a) through (d) of this 
section, except for such actions needed to re-export the regulated 
substance. Every kilogram of a regulated substance sold or distributed, 
or offered for sale or distribution, in contravention of this paragraph 
constitutes a separate violation of this subpart. Sale or distribution, 
or offer for sale or distribution, of less than one kilogram of 
regulated substance in contravention of this paragraph constitutes a 
separate violation of this subpart.
    (g) False information. No person may provide false, inaccurate, or 
misleading information to the EPA when petitioning, reporting, or for 
any communication required under this subpart.
    (h) Disposable cylinders. (1) As of July 1, 2025, no person may 
import or domestically fill a regulated substance in a non-refillable 
cylinder.
    (2) As of January 1, 2027, no person may sell or distribute, or 
offer for sale or distribution regulated substances contained in a non-
refillable cylinder.
    (3) Small cans containing less than two pounds of regulated 
substances that have a self-sealing valve that meets the requirements in 
40 CFR 82.154(c)(2) are not subject to this restriction.
    (i) Labeling. (1) As of January 1, 2022, no person may sell or 
distribute, offer for sale or distribution, or import containers 
containing a regulated substance that lacks a label or other permanent 
markings stating the common name(s), chemical name(s), or ASHRAE 
designation of the regulated substance(s) or blend contained within, and 
the percentages of the regulated substances if a blend.
    (2) No person other than the importer may repackage regulated 
substances that were initially unlabeled or mislabeled. In order to 
repackage the regulated substances, the importer must either:
    (i) Expend consumption allowances equal to the amount of allowances 
that would be required if each cylinder were full of HFC-23; or
    (ii) Verify the contents with independent laboratory testing results 
and affix a correct label on the container that matches the lab-verified 
test results before the date of importation (consistent with the 
definition at 19 CFR 101.1) of the container.
    (3)(i) No person producing, importing, reclaiming, recycling for 
fire suppression, or repackaging regulated substances may sell or 
distribute, or offer for sale or distribution, regulated substances 
without first testing a representative sample of the regulated 
substances that they are producing, importing, reclaiming, recycling for 
fire suppression, or repackaging to verify that the composition of the 
regulated substance(s) matches the container labeling. For regulated 
substances sold or distributed or offered for sale and distribution as 
refrigerants, sampling must be done consistent with appendix A to 40 CFR 
part 82, subpart F--Specifications for Refrigerants.
    (ii) No person may sell or distribute, or offer for sale or 
distribution, regulated substances as a refrigerant that do not meet the 
specifications in appendix A to 40 CFR part 82, subpart F--
Specifications for Refrigerants.
    (j) Relationship to other laws. Section (k) of the AIM Act states 
that sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 
7413, 7414, 7604, 7607) shall apply to this section and any rule, 
rulemaking, or regulation promulgated by the Administrator pursuant to 
this section as though this section were expressly included in title VI 
of that Act (42 U.S.C. 7671 et seq.). Violation of this part is subject 
to Federal enforcement and the penalties laid out in section 113 of the 
Clean Air Act.

[86 FR 55206, Oct. 5, 2021]



Sec.  84.7  Phasedown schedule.

    (a) Phasedown from baseline. Total production and consumption of 
regulated substances in the United States in each year cannot exceed the

[[Page 342]]

amounts (shown as a percentage of baseline) in the following table:

------------------------------------------------------------------------
                                        Percentage of     Percentage of
                                         production        consumption
                Date                      baseline          baseline
                                          (percent)         (percent)
------------------------------------------------------------------------
(1) 2022-2023.......................                90                90
(2) 2024-2028.......................                60                60
(3) 2029-2033.......................                30                30
(4) 2034-2035.......................                20                20
(5) 2036 and thereafter.............                15                15
------------------------------------------------------------------------

    (b) Annual production and consumption limits. (1) The production 
baseline for regulated substances is 382,554,619 metric tons of exchange 
value equivalent.
    (2) The consumption baseline for regulated substances is 303,887,017 
metric tons of exchange value equivalent.
    (3) Total production and consumption in metric tons of exchange 
value equivalent for regulated substances in the United States in each 
year is derived by multiplying the production baseline or consumption 
baseline by the percentage in paragraph (a) of this section. Total 
production and consumption allowances issued under this subpart may not 
exceed the quantities shown in the following table:

------------------------------------------------------------------------
                                            Total             Total
                Year                     production        consumption
                                           (MTEVe)           (MTEVe)
------------------------------------------------------------------------
(i) 2022-2023.......................       344,299,157       273,498,315
(ii) 2024-2028......................       229,532,771       182,332,210
(iii) 2029-2033.....................       114,766,386        91,166,105
(iv) 2034-2035......................        76,510,924        60,777,403
(v) 2036 and thereafter.............        57,383,193        45,583,053
------------------------------------------------------------------------



Sec.  84.9  Allocation of calendar-year production allowances.

    (a) The relevant agency official will issue, through a separate 
notification, calendar year production allowances to entities that 
produced a regulated substance in 2020. The number of production 
allowances allocated to each eligible entity for 2022-2023 is calculated 
as follows:
    (1) Take the average of the three highest annual exchange value-
weighted production amounts that each eligible entity reported to the 
agency for calendar years 2011 through 2019;
    (2) Sum the ``average high year'' values determined in step 1 of all 
eligible entities and determine each entity's percentage of that total;
    (3) Determine the amount of general pool production allowances by 
subtracting the quantity of application-specific allowances for that 
year as determined in accordance with Sec.  84.13 and the set-aside in 
Sec.  84.15 from the production cap in Sec.  84.7(b)(3);
    (4) Determine individual entities' production allowance quantities 
by multiplying each entity's percentage determined in step 2 by the 
amount of general pool allowances determined in step 3.
    (b)(1) EPA will allocate calendar year production allowances to 
individual entities by October 1 of the calendar year prior to the year 
in which the allowances may be used based on the exchange value-weighted 
quantities calculated in paragraph (a)(4) of this section.
    (2) EPA will provide public notice of the list of companies 
receiving production allowances as well as the quantities they will be 
allocated by that date.
    (3) In addition to the procedure in paragraph (a) of this section, 
the relevant agency official will allocate calendar year production 
allowances to entities that qualified for allowances under Sec.  84.15.
    (4) If there are remaining production allowances after distribution 
from the

[[Page 343]]

set-aside under Sec.  84.15, the relevant agency official will 
distribute such allowances on a pro rata basis to the entities in 
paragraph (a) of this section by March 31 of the calendar year in which 
the allowances may be used.



Sec.  84.11  Allocation of calendar-year consumption allowances.

    (a) The relevant agency official will issue, through a separate 
notification, calendar year consumption allowances to entities that 
imported or produced a bulk regulated substance in 2020, unless an 
individual accommodation is permitted by a relevant Agency official. If 
multiple importers are related through shared corporate or common 
ownership or control, the relevant agency official will calculate and 
issue allowances to a single corporate or common owner. The number of 
consumption allowances allocated to each eligible entity for 2022-2023 
is calculated as follows:
    (1) Take the average of the three highest annual exchange value-
weighted consumption amounts chosen at the corporate or common ownership 
level for eligible entities reporting to the agency for each calendar 
year 2011 through 2019;
    (2) Sum the ``average high year'' values determined in step 1 of all 
eligible entities and determine each entity's percentage of that total;
    (3) Determine the amount of general pool consumption allowances by 
subtracting the quantity of application-specific allowances for that 
year as determined in accordance with Sec.  84.13 and the set-aside in 
Sec.  84.15 from the consumption cap Sec.  84.7(b)(3);
    (4) Determine individual entity consumption allowance quantities by 
multiplying each entity's percentage determined in step 2 by the amount 
of general pool allowances determined in step 3.
    (b)(1) EPA will allocate calendar year consumption allowances to 
individual entities by October 1 of the calendar year prior to the year 
in which the allowances may be used based on the exchange value-weighted 
quantities calculated in paragraph (a)(4) of this section.
    (2) EPA will provide public notice of the list of companies 
receiving consumption allowances as well as how they will be allocated 
by that date.
    (c)(1) In addition to the procedure in paragraph (a) of this 
section, the relevant agency official will allocate calendar year 
consumption allowances to entities that qualified for allowances under 
Sec.  84.15.
    (2) If there are remaining consumption allowances after distribution 
from the set-aside under Sec.  84.15, the relevant agency official will 
distribute such allowances on a pro rata basis to the entities in 
paragraph (a) of this section by March 31 of the calendar year.



Sec.  84.13  Allocation of application-specific allowances.

    (a) Application-specific allowances are available to entities for 
calendar years 2022, 2023, 2024, and 2025 that use a regulated substance 
in the following applications:
    (1) As a propellant in metered dose inhalers;
    (2) In the manufacture of defense sprays;
    (3) In the manufacture of structural composite preformed 
polyurethane foam for marine use and trailer use;
    (4) In the etching of semiconductor material or wafers and the 
cleaning of chemical vapor deposition chambers within the semiconductor 
manufacturing sector;
    (5) For mission-critical military end uses; and
    (6) For on board aerospace fire suppression.
    (b) Entities identified in paragraph (a) of this section must 
request application-specific allowances by July 31 of the calendar year 
prior to the year in which the allowances may be used starting with the 
calendar year 2023 allocation. The application must include the 
information required in Sec.  84.31(h)(2) except for applications for 
mission-critical military end uses, which must include the information 
required in Sec.  84.31(h)(3).
    (1) Entities must provide additional information if requesting that 
EPA consider unique circumstances that are not reflected by the rates of 
growth calculated in paragraph (c)(1) of this section. The relevant 
agency official will consider the following situations as unique 
circumstances:

[[Page 344]]

    (i) Demonstrated manufacturing capacity coming on line;
    (ii) The acquisition of another domestic manufacturer or its 
manufacturing facility or facilities; or
    (iii) A global pandemic or other public health emergency that 
increases patients diagnosed with medical conditions treated by metered 
dose inhalers.
    (2) [Reserved]
    (c) The relevant agency official will determine the quantity of 
application-specific allowances to issue to each company by:
    (1) Taking the higher of the use of regulated substances by the 
company in the specific application in the prior year multiplied by:
    (i) The average growth rate of use for the company over the past 
three years; or
    (ii) The average growth rate of use by all companies requesting 
allowances for that specific application over the past three years; and
    (2) Accounting for any additional information provided regarding 
unique circumstances described in paragraph (b)(1) of this section; and
    (3) Subtracting out any general pool allowances allocated to the 
company for that calendar year.
    (d)(1) EPA will allocate application-specific allowances by October 
1 of the calendar year prior to the year in which the allowances may be 
used. The relevant agency official will issue, through a separate 
notification, application-specific allowances to eligible entities 
consistent with paragraphs (a) through (c) of this section.
    (2) EPA will provide public notice by that date of the list of 
entities receiving application-specific allowances, the quantity of 
allowances for each entity, and the specific application(s) for which 
the allowances may be used.
    (e) Entities that use regulated substances in one of the six 
applications listed in paragraph (a) of this section and were not issued 
allowances as of October 1, 2021, may request allowances under the 
procedure in Sec.  84.15. Such entities must meet the criteria for 
eligibility in this section and are subject to the requirements of this 
section and Sec.  84.31(h).
    (f) EPA will publish a list of entities allocated application-
specific allowances, the application for which they may use regulated 
substances, and the quantity of allowances allocated.
    (g) Application-specific allowances may be expended for either the 
import or production of a regulated substance.
    (h) Entities allocated application-specific allowances may confer 
application-specific allowances to a producer, importer, or other 
supplier without being subject to the offset required of transfers of 
allowances in Sec.  84.19. The recipient of a conferred application-
specific allowance may continue to confer the allowance until it is 
expended for production or import. When conferring application-specific 
allowances, the conferring party must provide a statement certifying 
that the regulated substances produced or imported with the conferred 
allowances will only be used for the application-specific use associated 
with the allowance(s). The producer(s), importer(s), and/or supplier(s) 
receiving application-specific allowances must certify to the conferring 
party that they will not sell regulated substances produced or imported 
with application-specific allowances for any application or use other 
than the application-specific use associated with the allowance(s).

[86 FR 55201, 55208, Oct. 5, 2021]



Sec.  84.15  Set-aside of application-specific allowances, production 
allowances, and consumption allowances.

    (a) Total allowances available under this section to be allocated 
for calendar years 2022 and 2023 are:
    (1) Up to 7.5 million metric tons of exchange value equivalent 
consumption allowances annually for calendar years 2022 and 2023.
    (2) Up to 2.5 million metric tons of exchange value equivalent 
production allowances for calendar years 2022 and 2023.
    (b)(1) Consumption and production allowances in paragraph (a) of 
this section are available in the form of application-specific 
allowances to entities that qualify for application-specific allowances 
under Sec.  84.13 that were not issued allowances as of October 1, 2021.
    (2) Entities must provide the relevant Agency official with the 
information contained in Sec.  84.13 by November 30, 2021 to be eligible 
for consideration.

[[Page 345]]

    (c) Consumption allowances in paragraph (a) of this section are 
available to either:
    (1) Persons who imported regulated substances in 2020 that were not 
required to report under 40 CFR part 98 and were not issued allowances 
as of October 1, 2021; or
    (2) Persons who are newly importing regulated substances, do not 
share corporate or common ownership, corporate affiliation in the past 
five years, or familial relations with entities receiving allowances 
through this rule.
    (d)(1) Persons who meet the criteria listed in paragraph (c)(1) of 
this section must provide the relevant Agency official with the 
following information by November 30, 2021, to be eligible for 
consideration:
    (i) Name and address of the company, the complete ownership of the 
company (with percentages of ownership), and contact information for a 
designated representative at the company;
    (ii) The following information on an annual basis for all years 
between 2011 and 2020 where the person imported regulated substances:
    (A) The total quantity (in kilograms) imported of each regulated 
substance each year, including each shipment, dates of and port of entry 
for each import, and country from which the imported regulated 
substances were imported;
    (B) The Harmonized Tariff Schedule codes and CAS numbers for the 
regulated substances or blends imported;
    (C) The quantity (in kilograms) of regulated substances imported for 
use in processes resulting in their transformation or destruction; and
    (D) The quantity (in kilograms) of regulated substances sold or 
transferred during that year to each person for use in processes 
resulting in their transformation or destruction.
    (iii) The following information on an annual basis for all years 
between 2011 and 2020 where the person exported regulated substances:
    (A) The names and addresses of the exporter and the recipient of the 
exports;
    (B) The exporter's Employer Identification Number;
    (C) The quantity of each specific regulated substance exported, 
including the quantity of regulated substance that is used, reclaimed, 
or recycled;
    (D) The date on which, and the port from which, the regulated 
substances were exported from the United States or its territories;
    (E) The country to which the regulated substances were exported; and
    (F) The Harmonized Tariff Schedule codes and CAS numbers for the 
regulated substances shipped.
    (2) Persons who meet the criteria listed in paragraph (c)(2) of this 
section must provide the relevant Agency official with the following 
information by November 30, 2021, to be eligible for consideration:
    (i) Name and address of the company, the complete ownership of the 
company (with percentages of ownership), and contact information for a 
designated representative at the company;
    (ii) Whether the company is a woman- or minority-owned business;
    (iii) Contact information for the owner of the company;
    (iv) The date of incorporation and State in which the company is 
incorporated;
    (v) State license identifier;
    (vi) A plan for importing regulated substances;
    (vii) A prospective foreign exporter that the applicant anticipates 
working with;
    (viii) A certification that the business owner understands the 
regulatory requirements of this part and will make best efforts to 
comply with the regulatory requirements; and
    (ix) A certification that the information submitted is complete, 
accurate, and truthful.
    (e) The relevant Agency official will allocate calendar-year 2022 
and 2023 allowances in paragraph (a) of this section no later than March 
31, 2022, in the following manner:
    (1) First, persons who meet the criteria listed in paragraph (b) of 
this section are allocated application-specific allowances (subtracted 
from both the production and consumption portions of the set-aside pool) 
for 2022 equal to the estimated need, based on projected, current, and 
historical trends, and subject to the same conditions for such 
allowances in Sec.  84.13;

[[Page 346]]

    (2) Second, persons who meet the criteria listed in paragraph (c)(1) 
of this section are allocated allowances for 2022 by calculating their 
``average high year'' based on the formula in Sec.  84.11(a)(1) and then 
applying the same reduction percentage between the values calculated in 
Sec.  84.11(a)(1) and (4) for all general pool allowance holders.
    (3) Third, persons who meet the criteria listed in paragraph (c)(2) 
of this section are allocated up to 0.2 million metric tons exchange 
value equivalent in allowances for 2022 and 2023.
    (4) If the eligible requests received total an amount of allowances 
that exceeds the remaining quantity of allowances in the set-aside pool, 
after subtracting allowances issued under paragraphs (b)(1) and (c)(1) 
of this section, the amount provided to each person who meets the 
criteria listed in paragraph (c)(2) of this section that has applied to 
the set-aside pool will be allocated an amount of allowances that is 
reduced on a pro rata basis. If any allowances remain after the steps 
outlined in paragraphs (b)(1) and (c)(1) and (2) of this section, those 
allowances will be distributed to the persons who meet the criteria 
listed in Sec. Sec.  84.9 and 84.11 on a pro rata basis.
    (f) EPA is placing restrictions on allowances allocated under this 
section.
    (1) Allowances allocated to persons under paragraph (e)(3) of this 
section, due to their eligibility of meeting the criteria in paragraph 
(c)(2) of this section, may not be transferred to another entity.
    (2) Allowances issued under this section are not available to 
companies that are a subsidiary of, have any common ownership stake 
with, had corporate affiliation in the past five years with, or have a 
familial relationship with another allowance holder.
    (g) EPA will provide public notice by March 31, 2022, of the list of 
entities receiving allowances under this paragraph, the quantity of 
allowances for each entity, and the specific application(s) for which 
the allowances may be used, where applicable.



Sec.  84.17  Availability of additional consumption allowances.

    A person may obtain at any time during the year, in accordance with 
the provisions of this section, consumption allowances equivalent to the 
quantity of regulated substances that the person exported from the 
United States and its territories to a foreign country in accordance 
with this section.
    (a) The exporter must submit to the relevant Agency official a 
request for consumption allowances setting forth the following:
    (1) The identities and addresses of the exporter and the recipient 
of the exports;
    (2) The exporter's Employer Identification Number;
    (3) The names, telephone numbers, and email addresses of contact 
persons for the exporter and the recipient;
    (4) The quantity (in kilograms) and name of the regulated substances 
exported;
    (5) The source of the regulated substances and the date purchased;
    (6) The date on which, and the port from which, the regulated 
substances were exported from the United States or its territories;
    (7) The country to which the regulated substances were exported;
    (8) A copy of the bill of lading and the invoice indicating the net 
quantity (in kilograms) of regulated substances shipped and documenting 
the sale of the regulated substances to the purchaser; and
    (9) The Harmonized Tariff Schedule codes of the regulated substances 
exported.
    (b) The relevant Agency official will review the information and 
documentation submitted under paragraph (a) of this section and will 
issue a notice to the requestor within 15 working days.
    (1) The relevant Agency official will determine the quantity of 
regulated substances that the documentation verifies was exported and 
issue consumption allowances equivalent to the quantity of regulated 
substances that were exported.
    (i) The grant of the consumption allowances will be effective on the 
date the notice is issued.
    (ii) The consumption allowances will be granted to the person the 
exporter indicates, whether it is the producer, the importer, or the 
exporter.
    (iii) The consumption allowances will be valid until December 31 of 
the same

[[Page 347]]

calendar year in which the regulated substances were exported.
    (2) The relevant Agency official will issue a notice that the 
consumption allowances are not granted if the official determines that 
the information and documentation do not satisfactorily substantiate the 
exporter's claims.

[86 FR 55208, Oct. 5, 2021]



Sec.  84.19  Transfers of allowances.

    (a) Inter-company transfers. As of January 1, 2022, a person 
(``transferor'') may transfer to any other person (``transferee'') any 
quantity of the transferor's production allowances, consumption 
allowances, or application-specific allowances for use by the same type 
of application, as long as the following conditions are met:
    (1) An offset equal to five percent of the amount of allowances 
transferred will be deducted from the transferor's production allowance 
balance if a transfer is made of production allowances, or deducted from 
the transferor's consumption allowance balance if a transfer is made of 
consumption allowances. In the case of transferring application-specific 
allowances, one percent of the amount of allowances transferred will be 
deducted from the transferor's application-specific allowance balance.
    (2) The transferor must submit to the relevant Agency official a 
transfer claim setting forth the following:
    (i) The identities and addresses of the transferor and the 
transferee;
    (ii) The names, telephone numbers, and email addresses of contact 
persons for the transferor and the transferee;
    (iii) The type of allowances being transferred, including the 
specific application (if applicable), for which allowances are to be 
transferred;
    (iv) The quantity (in MTEVe) of allowances being transferred;
    (v) The total cost of the allowances transferred;
    (vi) The amount of unexpended allowances of the type and for the 
year being transferred that the transferor holds under authority of this 
subpart as of the date the claim is submitted to EPA;
    (vii) The quantity of the offset to be deducted from the 
transferor's allowance balance; and
    (viii) For transfers of application-specific allowances, a signed 
document from the transferee certifying that the transferee will use the 
application-specific allowances only for the same application for which 
the application-specific allowance was allocated.
    (3) The relevant Agency official will determine whether the records 
maintained by EPA indicate that the transferor possesses unexpended 
allowances sufficient to cover the transfer claim as of the date the 
transfer claim is processed. The transfer claim is the quantity in EVe 
to be transferred plus the quantity of the offset. The relevant Agency 
official will take into account any previous transfers, any production, 
and allowable imports and exports of regulated substances reported by 
the transferor. Within three working days of receiving a complete 
transfer claim, the relevant Agency official will take action to notify 
the transferor and transferee as follows:
    (i) The relevant Agency official will issue a non-objection notice 
to both the transferor and transferee indicating if EPA's records show 
that the transferor has sufficient unexpended allowances to cover the 
transfer claim. In the case of transfers of production allowances or 
consumption allowances, the relevant agency official will reduce the 
transferor's balance of unexpended allowances by the quantity to be 
transferred plus five percent of that quantity. In the case of transfers 
of application-specific allowances the relevant agency official will 
reduce the transferor's balance of unexpended allowances by the quantity 
to be transferred plus one percent of that quantity. The transferor and 
the transferee may proceed with the transfer when the relevant agency 
official issues a non-objection notice. However, if EPA ultimately finds 
that the transferor did not have sufficient unexpended allowances to 
cover the claim, the transferor and transferee will be 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 relevant Agency official will issue an objection notice 
disallowing the transfer if EPA's records show that

[[Page 348]]

the transferor has insufficient unexpended allowances to cover the 
transfer claim, that the transferor has failed to respond to one or more 
Agency requests to supply information needed to make a determination, or 
that the transferor or transferee has been notified of an impending 
administrative consequence and therefore is disallowed from transferring 
allowances in accordance with Sec.  84.35. Either transferor or 
transferee may file a notice of appeal, with supporting reasons, with 
the relevant Agency official within 10 working days after receipt of the 
objection notice. The official may affirm or vacate the disallowance. If 
no appeal is filed electronically by the tenth working day after 
notification, the disallowance shall be final on that day.
    (4) The transferer and transferee must maintain a copy of the 
transfer claim and a copy of EPA's non-objection or objection notice for 
five years.
    (b) International transfers of production allowances--(1) Requests. 
A person may request to increase or decrease their production allowances 
for a specified control period through transfers of such allowances with 
a person in a foreign country if the applicable conditions in this 
paragraph are met. Once transferred, all allowances transferred 
consistent with this paragraph will function as a production allowance, 
as defined in Sec.  84.3.
    (i) Timing of requests. Any request for an increase or decrease in 
production allowances based on an international transfer under this 
paragraph must be submitted by October 1 of the year prior to the 
calendar year in which the transferred allowances would be usable.
    (ii) Timing of the transfer. International transfers under this 
paragraph will be deemed to occur, and the transferred allowances will 
be usable, as of January 1 of the calendar year to which the transfer 
applies.
    (2) Transfer from a person in a foreign country--information 
requirements. (i) A person requesting to change their production 
allowances based on a transfer from a person in a foreign country must 
submit to the relevant Agency official at the time the international 
transfer is requested a signed document from an official representative 
in that country's embassy in the United States stating that the 
appropriate authority within that country has revised the domestic 
production limits for that country equal to the lowest of the following 
three production quantities and identifying which of the following three 
production quantities was lowest:
    (A) The maximum production level permitted in Sec.  84.7(b) in the 
year of the international transfer minus the quantity of production 
allowances (in exchange value-weighted kilograms) to be transferred;
    (B) The maximum production level for the applicable regulated 
substances that are allowed under applicable law (including the foreign 
country's applicable domestic law) minus the quantity of production 
allowances (in exchange value-weighted kilograms) to be transferred; or
    (C) The average of the foreign country's actual national production 
level of the applicable regulated substances for the three calendar 
years prior to the year of the transfer minus the quantity of production 
allowances (in exchange value-weighted kilograms) to be transferred.
    (ii) A person requesting a revision based on a transfer from a 
foreign country (``transferee'') must also submit to the relevant Agency 
official a true copy of the document that sets forth the following:
    (A) The identity and address of the transferee;
    (B) The foreign country authorizing the transfer;
    (C) The names, telephone numbers, and email addresses of contact 
persons for the transferee and for the person in the foreign country;
    (D) The name of the chemical and quantity (in kilograms) of 
production being transferred;
    (E) Documentation that the foreign country possesses the necessary 
quantity of unexpended production rights;
    (F) The calendar year to which the transfer applies; and
    (G) A signed statement from a responsible official describing 
whether the increased production is intended for export or the market in 
the United States.
    (3) Transfer to a person in a foreign country--Information 
requirements. A

[[Page 349]]

person requesting a transfer to a person in a foreign country must 
submit a request to the relevant Agency official that sets forth the 
following information:
    (i) The identity and address of the person seeking to transfer the 
allowances (``transferor'');
    (ii) The foreign country authorizing the transfer;
    (iii) The names, telephone numbers, and email addresses of contact 
persons for the transferor and for the person in the foreign country;
    (iv) The name of the chemical and quantity (in kilograms) of 
allowable production being transferred; and
    (v) The calendar year to which the transfer applies;
    (vi) A signed statement from a responsible official requesting that 
the relevant Agency official revise the number of production allowances 
the transferor holds such that the aggregate national production in the 
United States is equal to the lowest of the following three production 
quantities and identifying which of the following three production 
quantities was lowest:
    (A) The maximum production level permitted in Sec.  84.7(b) in the 
year of the international transfer minus the quantity of production 
allowances (in exchange value-weighted kilograms) to be transferred;
    (B) The maximum production for the applicable regulated substances 
that are allowed under applicable law minus the quantity of production 
allowances (in exchange value-weighted kilograms) to be transferred; or
    (C) The average of the United States' actual national production 
level of the applicable regulated substances for the three calendar 
years prior to the year of the transfer minus the quantity of production 
allowances (in exchange value-weighted kilograms) to be transferred.
    (4) Review of international transfer request to a foreign country. 
After receiving a transfer request that meets the requirements of 
paragraph (b)(3) of this section, the relevant Agency official may, at 
his/her discretion, consider the following factors in deciding whether 
to approve such a transfer:
    (i) Possible economic hardships created by a transfer;
    (ii) Potential effects on trade;
    (iii) Potential environmental implications; and
    (iv) The total quantity of unexpended production allowances held by 
entities in the United States.
    (5) Notice of transfer. The relevant Agency official will review the 
submitted requests to determine whether the foreign country in which the 
person is located has enacted or otherwise established the same or 
similar requirements or otherwise undertaken commitments regarding the 
production and consumption of regulated substances as are contained in 
the AIM Act, within a reasonable time frame of the date of its 
enactment. If it is determined that these conditions are not met, the 
relevant Agency official will notify the requestor in writing that no 
transfers to or from the country can occur. If these conditions are 
satisfied such that transfers to or from the country can occur, the 
relevant Agency official will consider if the request meets the 
applicable requirements of paragraph (b) of this section. If the request 
meets the requirements of paragraph (b)(2) of this section for transfers 
from foreign countries and paragraph (b)(3) of this section for 
transfers to foreign countries, and if the relevant Agency official has 
not decided to disapprove the request based on consideration of factors 
listed in paragraph (b)(4) of this section if applicable, the relevant 
Agency official will notify the person in writing that the appropriate 
production allowances were either granted or deducted and specify the 
control period to which the transfer applies. Notifications of 
production allowances granted or deducted will be provided before 
January 1 of the calendar year to which the transfer applies.
    (i) For transfers from a foreign country, such notification will 
reflect a revision of the balance of allowances held by the recipient of 
the transfer to equal the unexpended production allowances held by the 
recipient of the transfer plus the quantity of allowable production 
transferred from the foreign country minus an offset of five percent of 
the quantity transferred. The relevant Agency official will not adjust 
available allowances until the foreign

[[Page 350]]

country's representative has confirmed the appropriate number of 
allowances were deducted in the foreign country.
    (ii) For transfers to a foreign country, such notification will 
reflect a revision of the balance of production allowances for the 
transferor such that the aggregate national production of the regulated 
substance to be transferred is equal to the value the relevant Agency 
official determines to be the lowest of:
    (A) The maximum production level permitted in Sec.  84.7(b) in the 
year of the international transfer minus the quantity of production 
allowances transferred and minus an offset of five percent of the 
quantity transferred; or
    (B) The maximum production level for the applicable regulated 
substances that is allowed under applicable law (in exchange-value 
weighted kilograms) minus the quantity of production allowances 
transferred and minus an offset of five percent of the quantity 
transferred; or
    (C) The average of the actual annual U.S. production of the 
applicable regulated substances for the three years prior to the date of 
the transfer (in exchange-value weighted kilograms minus the quantity of 
production allowances transferred and minus an offset of five percent of 
the quantity transferred).
    (6) Revised production limit for previous transferors. If the 
average actual U.S. production during the three most recent calendar 
years before the date of the transfer is less than the total allowable 
U.S. production for the applicable regulated substances permitted in 
Sec.  84.7(b) for a calendar year for which international transfers are 
approved to occur, the aggregate allowed national U.S. production of 
those substances will be reduced by an additional amount beyond a simple 
deduction of the number of allowances reflected in the notifications 
under paragraph (b)(5)(ii)(B) of this section. In these circumstances, 
the relevant Agency official will revise the production limit for each 
transferor who obtained approval of a transfer of the applicable 
regulated substances to a foreign country in the same calendar year and 
notify each transferor of the revision in writing. The amount of the 
revision will equal the result of the following set of calculations:
    (i) The total U.S. allowable production of the applicable regulated 
substances minus the average of the actual annual U.S. production of 
those substances during the three most recent calendar years prior to 
the calendar year of the transfer.
    (ii) The quantity of production allowances for the applicable 
regulated substances transferred by the transferor in that calendar year 
divided by the total quantity of production allowances for those 
substances approved for transfer to a person in a foreign country by all 
the persons approved to make such transfers in that calendar year.
    (iii) The result of paragraph (b)(6)(i) of this section multiplied 
by the result of paragraph (b)(6)(ii) of this section.
    (iv) The unexpended production allowances held by the person minus 
the result of paragraph (b)(6)(iii) of this section.
    (7) Effective date of revised production limits. If a revision is 
issued under paragraph (b)(6) of this section, the change in production 
allowances will be effective on the date that the notification is 
issued.

[86 FR 55208, Oct. 5, 2021]



Sec.  84.21  Sale or conveyance of regulated substances produced or 
imported with application-specific allowances.

    (a) Sale or conveyance of regulated substances produced or imported 
using application-specific allowances. (1) As of January 1, 2022, any 
person receiving an application-specific allowance (application-specific 
seller) may sell or convey regulated substances produced or imported by 
expending that allowance to another person within the same application 
(application-specific purchaser) provided that the relevant Agency 
official approves the sale or conveyance.
    (2) The application-specific seller must submit a claim to the 
relevant Agency official for approval before the sale or conveyance can 
take place. The claim must set forth the following:
    (i) The identities and addresses of the application-specific seller 
and the application-specific purchaser;
    (ii) The name, telephone numbers, and email addresses of contact 
persons

[[Page 351]]

for the application-specific seller and the application-specific 
purchaser;
    (iii) The amount of each regulated substance being sold or conveyed;
    (iv) The cost of the regulated substance being sold or conveyed;
    (v) The application for which allowances were allocated and the 
specific products that the application-specific purchaser plans to 
produce with the regulated substances; and
    (vi) Certification that the regulated substances will be used only 
for the same application for which the application-specific allowance 
under which the substances were produced or imported was allocated.
    (3) The application-specific purchaser must submit a letter to the 
relevant Agency official stating that it concurs with the terms of the 
sale or conveyance as requested by the application-specific seller.
    (4) Once the claim is complete, and if EPA does not object to the 
sale or conveyance, the relevant agency official will issue letters to 
the application-specific seller and the application-specific purchaser 
within 10 business days indicating that the transaction may proceed. EPA 
reserves the right to disallow a transaction if the claim is incomplete, 
or if it has reason to believe that the application-specific purchaser 
plans use the regulated substance in anything other than the stated 
application. If EPA objects to the transaction, the relevant agency 
official will issue letters to the application-specific seller and the 
application-specific purchaser stating the basis for disallowing the 
transaction.
    (5) The burden of proof is placed on the application-specific 
purchaser to retain sufficient records to prove that the sold or 
conveyed regulated substances are used only for the stated application.
    (b) [Reserved]

[86 FR 55208, Oct. 5, 2021]



Sec.  84.23  Certification identification generation and tracking.

    (a) Scope and applicability. Certification identifications may only 
be generated by a person that produces, imports, reclaims, recycles for 
fire suppression use, repackages, or blends regulated substance for 
distribution or sale in bulk and reports to EPA consistent with 
paragraph (d) of this section. All containers of bulk regulated 
substance, with the limited exceptions described in paragraph (b)(4) of 
this section, must be associated with certification identifications on 
the following schedule:
    (1) As of January 1, 2025, all containers of bulk regulated 
substances imported and all containers sold or distributed by producers 
and importers must have a QR code.
    (2) As of January 1, 2026, all containers of bulk regulated 
substances filled and all containers sold or distributed by all other 
repackagers and cylinder fillers in the United States not included in 
paragraph (a)(1) of this section, including reclaimers and fire 
suppressant recyclers must have a QR code.
    (3) As of January 1, 2027, every container of bulk regulated 
substances sold or distributed, offered for sale or distribution, 
purchased or received, or attempted to be purchased or received must 
have a QR code.
    (b) Prohibitions. Every kilogram of bulk regulated substances 
imported, sold or distributed, offered for sale or distribution, 
purchased or received, or attempted to be purchased or received in 
violation of this section is a separate violation of this subpart. 
Import, sale or distribution, offer for sale or distribution, purchase 
or receipt, or attempt to purchase or receive less than one kilogram of 
regulated substances in violation of this section is a separate 
violation of this subpart.
    (1) No person may import, sell or distribute, or offer for sale or 
distribution, and no person may purchase or receive, or attempt to 
purchase or receive, a bulk regulated substance unless the container has 
a valid certification identification.
    (2) No person may import, sell or distribute, or offer for sale or 
distribution, bulk regulated substances unless that person is registered 
with EPA consistent with paragraph (d) of this section.
    (3) No person may purchase or receive, or attempt to purchase or 
receive, bulk regulated substances from a person that is not registered 
with EPA

[[Page 352]]

consistent with paragraph (d) of this section;
    (4) The following situations are exempt from the prohibitions in 
paragraphs (b)(1) through (3) of this section:
    (i) The regulated substances are part of a transhipment and the 
person transhipping the regulated substance has reported to EPA 
consistent with Sec.  84.31(c)(3);
    (ii) The regulated substances were previously used, have been 
recovered from a piece of equipment, and are intended for reclamation or 
fire suppressant recycling and:
    (A) The person selling or distributing the regulated substances 
certifies in writing to the person purchasing or receiving the regulated 
substances that they were recovered from a piece of equipment and 
provides the date of recovery; and
    (B) The person purchasing or receiving the regulated substances is 
an EPA-certified reclaimer, a registered fire suppressant recycler 
consistent with paragraph (d) of this section, or a registered supplier 
of regulated substances consistent with paragraph (d).
    (iii) The regulated substances were imported consistent with the 
petition process described in Sec.  84.25;
    (iv) The regulated substances were collected for destruction and 
sent to a destruction facility directly or through an aggregator that is 
reporting to EPA consistent with Sec.  84.31(c)(5); or
    (v) The regulated substances were recovered from a motor vehicle air 
conditioner (MVAC) or MVAC-like appliance in accordance with 40 CFR part 
82, subpart B and are sold or distributed or offered for sale or 
distribution by the same person who recovered the regulated substances 
for use only in MVAC equipment or MVAC-like appliances.
    (5) No producer or importer may request certification 
identifications that would exceed their currently available allowances.
    (6) A person who reclaims regulated substances or recycles regulated 
substances for fire suppression uses may request certification 
identifications at a level equal to their reported reclamation or 
recycling for the prior year plus an amount based on the average annual 
growth in total U.S. reclamation of regulated substances in the prior 
three years or 10 percent, whichever is higher. If further certification 
identifications are needed, the reclaimer or recycler must notify EPA 45 
days in advance of exceeding their allowed level and request approval to 
generate additional certification identifications. The request must 
estimate the additional certification identifications needed for the 
next six months and provide an explanation for the increased level of 
reclamation or recycling. The relevant agency official will review the 
request and adjust the amount of certification identifications for the 
person as appropriate within 21 days. Additional requests can be 
submitted throughout the year as needed.
    (7) No regulated substance repackager or blender may request 
certificate identifications unless they have allowances. They may 
generate QR codes based on the certification identifications associated 
with the containers they acquire.
    (c) Required Practices. The following practices are required, unless 
the person purchasing or receiving the bulk regulated substance is 
listed in paragraph (b)(4) of this section:
    (1) Any person producing, importing, reclaiming, recycling for fire 
suppression uses, repackaging, selling or distributing, or offering to 
sell or distribute bulk regulated substances must register with EPA 
consistent with paragraph (d) of this section.
    (2) Any person who imports, sells or distributes, or offers for sale 
or distribution a container of regulated substance, reclaimed regulated 
substance, or recycled regulated substances for fire suppression uses 
must permanently affix a QR code to the container that documents a valid 
certification identification using the standards defined by EPA prior to 
the import, sale or distribution, or offer for sale or distribution of 
the container. For the purposes of this subpart, examples of when a 
container of regulated substance or reclaimed regulated substance is 
imported, sold or distributed, or offered for sale or distribution 
include the date of importation (consistent with 19 CFR 101.1) and 
departure from a production, reclamation, fire suppressant recycling, 
repackaging or filling facility.

[[Page 353]]

    (3) At the time of sale or distribution or offer for sale or 
distribution, a person selling or distributing or offering for sale or 
distribution a container of regulated substance must ensure there is a 
valid and legible certification identification on each container of 
regulated substance, scan the certification identification system to 
identify a transaction, identify the person receiving the regulated 
substance, and indicate whether the person receiving the regulated 
substance is a supplier or final customer.
    (4) At the time of sale or distribution, a person taking ownership 
of a container of regulated substance that is a registered supplier must 
ensure there is a valid and legible certification identification on each 
container of regulated substance and scan the certification 
identification in the certification identification system to identify a 
transaction.
    (d) Recordkeeping and Reporting--(1) Importers. Any person importing 
a container of bulk regulated substance must enter the following 
information in the certification identification system to generate a QR 
code and associated certification identification for each container of 
regulated substance imported: the name or brand the regulated substance 
is being sold and/or marketed under, the date it was imported, the 
unique serial number associated with the container, the amount and name 
of the regulated substance(s) in the container, the name, address, 
contact person, email address, and phone number of the responsible party 
at the facility where the container of regulated substance(s) was 
filled, and certification that the contents of the cylinder match the 
substance(s) identified on the label.
    (2) Reclaimers. Any person filling a container with a reclaimed 
regulated substance must enter the following information in the 
certification identification system to generate a QR code and associated 
certification identification for each container of regulated substance 
sold or distributed or offered for sale or distribution: the name or 
brand the regulated substance is being sold and/or marketed under, when 
the regulated substance was reclaimed and by whom, the date the 
reclaimed regulated substance was put into a container, the unique 
serial number associated with the container, the amount and name of the 
regulated substance(s) in the container, and certification that the 
purity of the batch was confirmed to meet the specifications in appendix 
A to 40 CFR part 82, subpart F. If a container is filled with reclaimed 
and virgin regulated substance(s), the reclaimer must provide the amount 
of virgin regulated substance included in the container and the 
certification identification(s) associated with that regulated 
substance.
    (3) Fire suppressant recyclers. Any person filling a container with 
a recycled regulated substance for fire suppression purposes must enter 
the following information in the certification identification system to 
generate a QR code and associated certification identification for each 
container of regulated substance sold or distributed or offered for sale 
or distribution: the name or brand the regulated substance is being sold 
and/or marketed under, the date the container was filled and by whom, 
the unique serial number associated with the container, and the amount 
and name of the regulated substance(s) in the container. If a container 
is filled with recycled and virgin regulated substance(s), the recycler 
must provide the amount of virgin regulated substance included in the 
container and the certification identification(s) associated with that 
regulated substance.
    (4) Producers and repackagers. Anyone who is filling a container, 
whether for the first time after production or when transferring 
regulated substances from one container to one or more smaller or larger 
containers, must enter information in the certification identification 
system and generate a QR code for the container(s) of packaged regulated 
substances sold or distributed or offered for sale or distribution: the 
name or brand the regulated substance is being sold and/or marketed 
under, the date the container was filled and by whom, the certification 
identification(s) associated with the regulated substance being 
packaged, the unique serial number associated with the container, the 
amount and name of the regulated substance(s) in the container, the 
quantity of containers it

[[Page 354]]

was packaged in, the size of the containers, and the name, address, 
contact person, email address, and phone number of the responsible party 
at the facility where the container(s) were filled.
    (5) Receiving recovered regulated substances. Any person receiving 
recovered regulated substances for purposes of reclamation or fire 
suppressant recycling must keep a copy of the written certification 
required under paragraph (b)(4)(ii) of this section for five years.
    (6) Certification identification generators registration. Any person 
who produces, imports, reclaims, recycles for fire suppression uses, 
repackages or fills a container of regulated substances, reclaimed 
regulated substances, or recycled regulated substances for fire 
suppression uses must register with EPA in the certification 
identification system at least six months before the date they are 
subject to the requirement in paragraph (a) of this section. The report 
must contain the name and address of the company, contact information 
for the owner of the company, the date(s) of and State(s) in which the 
company is incorporated and State license identifier(s), the address of 
each facility that sells or distributes or offers for sale or 
distribution regulated substances, how the company introduces bulk 
regulated substances into U.S. commerce, and the categories of final 
customers the entity sells or distributes regulated substances to. If 
any of the registration information changes, these reports must be 
updated and resubmitted within 60 days of the change.
    (7) Supplier registration. Any person who sells, distributes, or 
offers for sale or distribution, bulk regulated substances must register 
with EPA in the certification identification system at least six months 
before the date they are subject to the requirement in paragraph (a) of 
this section. The report must contain the name and address of the 
company, contact information for the owner of the company, the date(s) 
of and State(s) in which the company is incorporated and State license 
identifier(s), the address of each facility that sells or distributes 
regulated substances, and the categories of final customers the supplier 
sells or distributes regulated substances to. If any of the registration 
information changes, these reports must be updated and resubmitted 
within 60 days of the change.

[86 FR 55208, Oct. 5, 2021]



Sec.  84.25  Required processes to import regulated substances as 
feedstocks or for destruction.

    (a)(1) Petition to import regulated substances for use in a process 
resulting in transformation or destruction. A person must petition the 
relevant Agency official for the import of each individual shipment of a 
regulated substance imported for use in a process resulting in 
transformation or destruction in order to not expend allowances. A 
petition is required at least 30 days before the shipment is to arrive 
at a U.S. port, and must contain the following information:
    (i) Name, Harmonized Tariff Schedule code, and quantity in kilograms 
of each regulated 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 the consignee and the contact person's 
name, email address, and phone number;
    (iv) Source country;
    (v) The U.S. port of entry for the import, the expected date of 
import, and the vessel transporting the material. If at the time of 
submitting the petition the importer does not know this information, and 
the importer receives a non-objection notice for the individual shipment 
in the petition, the importer is required to notify the relevant Agency 
official of this information prior to the date of importation of the 
individual shipment into the United States;
    (vi) Name and address of any intermediary, including a contact 
person's name, email address and phone number, who will hold the 
material before the regulated substances are transformed or destroyed;
    (vii) Name, address, contact person, email address, and phone number 
of the responsible party at the facility where the regulated substance 
will be used in a process resulting in the substance's transformation or 
destruction;

[[Page 355]]

    (viii) An English translation, if needed, of the export license, 
application for an export license, or official communication 
acknowledging the export from the appropriate government agency in the 
country of export;
    (ix) The capacity of the container; and
    (x) The unique identification number of the container used to 
transport the regulated substances as part of the petition.
    (2) Review of petition to import for use in a process resulting in 
transformation or destruction. (i) The relevant Agency official will 
initiate a review of the information submitted under paragraph (a)(1) of 
this section and take action within 21 days to issue either an objection 
notice or a non-objection notice for the individual shipment to the 
person who submitted the petition.
    (ii) The relevant Agency official may issue an objection notice to a 
petition for the following reasons:
    (A) If the relevant Agency official determines that the information 
is insufficient; that is, if the petition lacks or appears to lack any 
of the information required under paragraph (a)(1) of this section or 
other information that may be requested during the review of the 
petition necessary to verify that the regulated substance is for use in 
a process resulting in transformation or destruction;
    (B) If the relevant Agency official determines that any portion of 
the petition contains false, inaccurate, or misleading information, or 
the official has information from other U.S. or foreign government 
agencies indicating that the petition contains false, inaccurate, or 
misleading information.
    (iii) Within 10 working days after receipt of an objection notice 
with the basis being ``insufficient information,'' the importer may re-
petition the relevant Agency official. If no re-petition 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 
petition received by EPA.
    (iv) 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.
    (v) In cases where the relevant Agency official does not object to 
the petition, the official will issue a non-objection notice.
    (vi) If, 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, inaccurate, or misleading 
information, then EPA has the right to:
    (A) Revoke and void the non-objection notice from the approval date;
    (B) Pursue all means to ensure that the regulated substance is not 
imported into the United States; and
    (C) Take appropriate enforcement and apply administrative 
consequences.
    (3) Timing. (i) An individual shipment authorized through a non-
objection notice must be used in the process resulting in its 
transformation within one year of import.
    (ii) An individual shipment authorized through a non-objection 
notice must be used in the process resulting in its destruction within 
120 days of import.
    (4)  Quantity. An individual shipment authorized through a non-
objection notice may not exceed the quantity (in MTEVe) of the regulated 
substance stated in the non-objection notice.
    (b)(1) Petition to import used regulated substances for disposal by 
destruction. A person must petition the relevant Agency official for the 
import of each individual shipment of a used regulated substance 
imported for purposes of destruction in order to not expend allowances. 
A petition is required at least 30 working days before the shipment is 
to leave the foreign port of export, and contain the following 
information:
    (i) Name, Harmonized Tariff Schedule code, and quantity in kilograms 
of each regulated 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 the consignee and the contact person's 
name, email address, and phone number;

[[Page 356]]

    (iv) Name and address of any intermediary who will hold regulated 
substances imported for destruction, and the contact person's name, 
email address, and phone number;
    (v) Source country;
    (vi) An English translation, if needed, of the export license (or 
application for an export license) from the appropriate government 
agency in the country of export;
    (vii) The U.S. port of entry for the import, the expected date of 
import, and the vessel transporting the material. If at the time of 
submitting the petition the importer does not know this information, and 
the importer receives a non-objection notice for the individual shipment 
in the petition, the importer is required to notify the relevant Agency 
official of this information prior to the entry of the individual 
shipment into the United States; and
    (viii) Name, address, contact person, email address, and phone 
number of the responsible party at the destruction facility.
    (2) Review of petition to import for destruction. (i) The relevant 
Agency official will initiate a review of the information submitted 
under paragraph (b)(1) 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 petition.
    (ii) The relevant Agency official may issue an objection notice to a 
petition for the following reasons:
    (A) If the relevant Agency official determines that the information 
is insufficient; that is, if the petition lacks or appears to lack any 
of the information required under paragraph (b)(1) of this section or 
other information that may be requested during the review of the 
petition necessary to verify that the regulated substance is used;
    (B) If the relevant Agency official determines that any portion of 
the petition contains false, inaccurate, or misleading information, or 
the relevant Agency official has information from other U.S. or foreign 
government agencies indicating that the petition contains false, 
inaccurate, or misleading information;
    (C) If allowing the import of the used regulated substance would run 
counter to government restrictions from either the country of recovery 
or export regarding regulated substances;
    (D) If destruction capacity is installed or is being installed for 
that specific regulated substance in the country of recovery or country 
of export and the capacity is funded in full or in part through the 
Multilateral Fund to the Montreal Protocol.
    (iii) Within 10 working days after receipt of an objection notice 
with the basis being ``insufficient information,'' the importer may re-
petition the relevant Agency official. If no re-petition 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 
petition received by EPA.
    (iv) Any information contained in the re-petition that is 
inconsistent with the original petition must be identified and a 
description of the reason for the inconsistency must accompany the re-
petition.
    (v) In cases where the relevant Agency official does not object to 
the petition, the official will issue a non-objection notice.
    (vi) If, 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, inaccurate, or misleading 
information, then EPA and the relevant Agency official has the right to:
    (A) Revoke and void the non-objection notice from the approval date;
    (B) Pursue all means to ensure that the regulated substance is not 
imported into the United States; and
    (C) Take appropriate enforcement and apply administrative 
consequences.
    (3) Timing. An individual shipment authorized through a non-
objection notice must be destroyed within 120 days of import.
    (4)  Quantity. An individual shipment authorized through a non-
objection notice may not exceed the quantity (in MTEVe) of the regulated 
substance stated in the non-objection notice.
    (5) Proof of destruction. For each individual shipment of a used 
regulated

[[Page 357]]

substance imported with the intent to destroy that substance for which 
EPA issues a non-objection notice, an importer must submit to the 
Administrator records indicating that the substance has been destroyed 
with their quarterly reports in Sec.  84.31(c)(1).
    (6) Recordkeeping. The person receiving the non-objection notice 
from the relevant Agency official for a petition to import used 
regulated substances must maintain the following records for five years:
    (i) A copy of the petition;
    (ii) The EPA non-objection notice;
    (iii) The bill of lading for the import;
    (iv) The U.S. Customs entry number; and
    (v) Records demonstrating that the substance has been destroyed in 
accordance with approved technologies in Sec.  84.29.

[86 FR 55208, Oct. 5, 2021]



Sec.  84.27  Controlling emissions of HFC-23.

    (a) No later than October 1, 2022, as compared to the amount of 
chemical intentionally produced on a facility line, no more than 0.1 
percent of HFC-23 created on the line may be emitted.
    (1) Requests for extension. The producer may submit a request to the 
relevant Agency official to request a six-month extension, with a 
possibility of one additional six-month extension, to meet the 0.1 
percent HCFC-23 limit. No entity may have a compliance date later than 
October 1, 2023.
    (2) Timing of request. The extension request must be submitted to 
EPA no later than August 1, 2022, for a first-time extension or February 
1, 2023, for a second extension.
    (3) Content of request. The extension request must contain the 
following information:
    (i) Name of the facility submitting the request, contact information 
for a person at the facility, and the address of the facility.
    (ii) A description of the specific actions the facility has taken to 
improve their HFC-23 control, capture, and destruction; the facility's 
plans to meet the 0.1 percent HFC-23 limit including the expected date 
by which the equipment will be installed and operating; and verification 
that the facility has met all applicable reporting requirements.
    (4) Review of request. Starting on the first working day following 
receipt by the relevant Agency official of a complete request for 
extension, the relevant Agency official will initiate review of the 
information submitted under paragraph (a)(3) of this section and take 
action within 30 working days. Any grant of a compliance deferral by the 
relevant Agency official will be made public.
    (b) Captured HFC-23 is permitted to be destroyed at a different 
facility than where it is produced. In such instances, HFC-23 emissions 
during the transportation to and destruction at the different facility 
will be incorporated into calculations of whether the producer meets the 
0.1 percent standard outlined in paragraph (a) of this section.

[86 FR 55208, Oct. 5, 2021]



Sec.  84.29  Destruction of regulated substances.

    (a) The following technologies are approved by the Administrator for 
destruction of all regulated substances except for HFC-23:
    (1) Cement kiln;
    (2) Gaseous/fume oxidation;
    (3) Liquid injection incineration;
    (4) Porous thermal reactor;
    (5) Reactor cracking;
    (6) Rotary kiln incineration;
    (7) Argon plasma arc;
    (8) Nitrogen plasma arc;
    (9) Portable plasma arc;
    (10) Chemical reaction with hydrogen and carbon dioxide;
    (11) Gas phase catalytic de-halogenation; and
    (12) Superheated steam reactor.
    (b) The following technologies are approved by the Administrator for 
destruction of HFC-23:
    (1) Gaseous/fume oxidation;
    (2) Liquid injection incineration;
    (3) Reactor cracking;
    (4) Rotary kiln incineration;
    (5) Argon plasma arc;
    (6) Nitrogen plasma arc;
    (7) Chemical reaction with hydrogen and carbon dioxide; and
    (8) Superheated steam reactor.

[86 FR 55208, Oct. 5, 2021]

[[Page 358]]



Sec.  84.31  Recordkeeping and reporting.

    (a) Recordkeeping and reporting. Any person who produces, imports, 
exports, transforms, uses as a process agent, destroys, reclaims, or 
repackages regulated substances or is receiving application-specific 
allowances in the six applications listed in subsection (e)(4)(B)(iv) of 
the AIM Act must comply with the following recordkeeping and reporting 
requirements:
    (1) Reports required by this section must be submitted within 45 
days of the end of the applicable reporting period, unless otherwise 
specified.
    (2) Reports, petitions, and any related supporting documents must be 
submitted electronically in a format specified by EPA.
    (3) Records and copies of reports required by this section must be 
retained for five years.
    (4) Quantities of regulated substances must be stated in terms of 
kilograms unless otherwise specified.
    (5) Reports are no longer required if an entity notifies the 
Administrator that they have permanently ceased production, import, 
export, destruction, transformation, use as a process agent, 
reclamation, or packaging of regulated substances, but the entity must 
continue to comply with all applicable recordkeeping requirements.
    (b) Producers. Persons (``producers'') who produce regulated 
substances must comply with the following recordkeeping and reporting 
requirements:
    (1) One-time report. Within 120 days of January 1, 2022, or within 
120 days of the date that a producer first produces a regulated 
substance, whichever is later, every producer must submit to the 
Administrator a report describing:
    (i) The method by which the producer in practice measures daily 
quantities of regulated substances produced;
    (ii) Conversion factors by which the daily records as currently 
maintained can be converted into kilograms of regulated substances 
produced, including any constants or assumptions used in making those 
calculations (e.g., tank specifications, ambient temperature or 
pressure, density of the regulated substance);
    (iii) Internal accounting procedures for determining plant-wide 
production;
    (iv) The quantity of any fugitive losses accounted for in the 
production figures;
    (v) A list of any coproducts, byproducts, or emissions from the 
production line that are other regulated substances; ozone-depleting 
substances listed in 40 CFR part 82, subpart A; or hazardous air 
pollutants initially identified in section 112 of the Clean Air Act, and 
as revised through rulemaking and codified in 40 CFR part 63;
    (vi) The estimated percent efficiency of the production process for 
the regulated substance; and
    (vii) A description of any processes that use a regulated substance 
as a process agent. 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 changes to the relevant 
Agency official.
    (2) Reporting--producers. Within 45 days after the end of each 
quarter, each producer of a regulated substance must provide to the 
relevant Agency official a report containing the following information 
for each facility:
    (i) The quantity (in kilograms) of production of each regulated 
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 regulated 
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 quantity (in kilograms) of production of each regulated 
substance used as a process agent by the producer and the quantity (in 
kilograms) intended for use as a process agent by a second party;
    (iv) The quantity (in exchange value equivalents) of allowances 
expended for each regulated substance and the quantity (in kilograms) of 
each regulated substance produced;
    (v) The quantity (in kilograms) of regulated substances sold or 
transferred during the quarter to a person other than the producer for 
use in processes resulting in their transformation, destruction, or use 
as a process agent;

[[Page 359]]

    (vi) The quantity (in kilograms) of regulated substances produced by 
the producer that were exported by the producer or by other U.S. 
companies to a foreign country that will be transformed or destroyed and 
therefore were produced without expending production or consumption 
allowances;
    (vii) For transformation in the United States or by a person in a 
foreign country, one copy of a transformation verification from the 
transformer for the specific regulated substance(s) 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 in a 
foreign country of a regulated substance that was produced without 
allowances, one copy of a destruction verification for each particular 
destroyer confirming it destroyed the same regulated substance, and a 
list of additional quantities shipped to that same destroyer for the 
quarter;
    (ix) A list of the entities conferring application-specific 
allowances from whom orders were placed, and the quantity (in kilograms) 
of specific regulated substances produced for those listed applications; 
and
    (x) For the fourth quarter report only, the quantity of each 
regulated substance held in inventory on December 31.
    (3) Recordkeeping--producers. Every producer of a regulated 
substance must maintain the following records:
    (i) Dated records of the quantity (in kilograms) of each regulated 
substance produced at each facility;
    (ii) Dated records of the quantity (in kilograms) of regulated 
substances produced for use in processes that result in their 
transformation, destruction, or as a process agent;
    (iii) Dated records of the quantity (in kilograms) of regulated 
substances sold for use in processes that result in their 
transformation, destruction, or as a process agent;
    (iv) Dated records of the quantity (in kilograms) of regulated 
substances produced by expending conferred application-specific 
allowances and quantity sold for use in each listed application;
    (v) Copies of invoices or receipts documenting sale of regulated 
substances for use in processes that result in their transformation, 
destruction, or as a process agent;
    (vi) Dated records of the quantity (in kilograms) of each regulated 
substance used at each facility as feedstocks or destroyed in the 
manufacture of a regulated substance or in the manufacture of any other 
substance, and any regulated substance introduced into the production 
process of the same regulated substance at each facility;
    (vii) Dated records of the quantity (in kilograms) of each regulated 
substance used at each facility as a process agent;
    (viii) Dated records identifying the quantity (in kilograms) of each 
coproduct and byproduct chemical not a regulated substance produced 
within each facility also producing one or more regulated substances;
    (ix) Dated records of the quantity (in kilograms) of raw materials 
and feedstock chemicals used at each facility for the production of 
regulated substances;
    (x) Dated records of the shipments of each regulated substance 
produced at each plant;
    (xi) Dated records of batch tests of regulated substances packaged 
for sale or distribution;
    (xii) The quantity (in kilograms) of regulated substances, the date 
received, and names and addresses of the source of used materials 
containing regulated substances which are recycled or reclaimed at each 
plant;
    (xiii) Records of the date, the regulated substance, and the 
estimated quantity of any spill or release of a regulated substance that 
equals or exceeds 100 pounds;
    (xiv) The transformation verification in the case of transformation, 
or the destruction verification in the case of destruction, showing that 
the purchaser or recipient of a regulated substance, in the United 
States or in another foreign country, certifies the intent to either 
transform or destroy the regulated substance, or sell the regulated 
substance for transformation or destruction in cases when allowances 
were not expended; and
    (xv) The certifications from application-specific allowance holders 
stating that the regulated substances were purchased solely for an 
application

[[Page 360]]

listed in Sec.  84.5(c)(2) and will not be resold for use in a different 
application or used in any other manufacturing process.
    (4) Additional Requirements: producers of HFC-23. (i) Each producer 
of HFC-23 must include the following additional information in their 
one-time report in paragraph (b)(1) of this section:
    (A) Information on the capacity to produce the intended chemical on 
the line on which HFC-23 is produced;
    (B) A description of actions taken at the facility to control the 
generation of HFC-23 and its emissions;
    (C) Identification of approved destruction technology and its 
location intended for use for HFC-23 destruction;
    (D) A copy of the destruction removal efficiency report associated 
with the destruction technology; and
    (E) Within 60 days of any change in the information specified in the 
above report, the producer must submit a report specifying the changes 
to the relevant Agency official.
    (ii) Each producer of HFC-23 must include the following additional 
information in their fourth quarter report:
    (A) Annual facility-level data on HFC-23 (in metric tons) on 
amounts: Emitted; generated; generated and captured for any purpose; 
generated and captured for consumptive use; generated and captured for 
feedstock use in the United States; generated and captured for 
destruction; used for feedstock without prior capture; and destroyed 
without prior capture.
    (B) [Reserved]
    (iii) If captured HFC-23 is destroyed in a subsequent control 
period, producers must submit records to EPA indicating the HFC-23 has 
been destroyed in their next quarterly report.
    (iv) In developing any required report, each producer of HFC-23 must 
abide by the following monitoring and quality assurance and control 
provisions:
    (A) To calculate the quantities of HFC-23 generated and captured for 
any use, generated and captured for destruction, used for feedstock 
without prior capture, and destroyed without prior capture, facilities 
shall comply with the monitoring methods and quality assurance and 
control requirements set forth at 40 CFR 98.414 and the calculation 
methods set forth at 40 CFR 98.413, except 40 CFR 98.414(p) shall not 
apply.
    (B) To calculate the quantity of HFC-23 emitted, facilities shall 
comply with the monitoring methods and quality assurance and control 
requirements set forth at 40 CFR 98.124 and the calculation methods set 
forth at 40 CFR 98.123.
    (5) Agency assumption--For any person who fails to maintain the 
records required by this paragraph, or to submit the reports required by 
this paragraph, EPA may assume that the person has produced at full 
capacity during the period for which records were not kept.
    (c) Importers. Persons (``importers'') who import regulated 
substances must comply with the following recordkeeping and reporting 
requirements:
    (1) Reporting--importers. Within 45 days after the end of each 
quarter, an importer of a regulated substance must submit to the 
relevant Agency official a report containing the following information:
    (i) Summaries of the records required in paragraph (c)(2) of this 
section for the previous quarter;
    (ii) The total quantity (in kilograms) imported of each regulated 
substance for that quarter;
    (iii) The Harmonized Tariff Schedule codes for the regulated 
substances or blends imported;
    (iv) A list of the application-specific allowance holders from whom 
orders were placed, number of application-specific allowances conferred, 
and the quantity (in kilograms) of specific regulated substances 
imported for those listed applications;
    (v) The quantity (in kilograms) of regulated substances imported for 
use in processes resulting in their transformation or destruction;
    (vi) The quantity (in kilograms) of regulated substances sold or 
transferred during that quarter to each person for use in processes 
resulting in their transformation or destruction;
    (vii) The transformation verifications showing that the purchaser or 
recipient of imported regulated substances intends to transform those 
substances or destruction

[[Page 361]]

verifications showing that the purchaser or recipient intends to destroy 
the regulated substances;
    (viii) Records required under Sec.  84.25(b)(5) documenting proof 
that material imported for destruction was destroyed; and
    (ix) For the fourth quarter report only, the quantity of each 
regulated substance held in inventory on December 31.
    (2) Recordkeeping--importers. An importer of a regulated substance 
must maintain the following records:
    (i) The quantity (in kilograms) of each regulated substance 
imported, either alone or in mixtures, including the percentage of each 
mixture that consists of a regulated substance;
    (ii) The quantity (in kilograms) of used regulated substances 
imported for destruction under the process described in Sec.  84.25(b);
    (iii) The quantity (in kilograms) of regulated substances imported 
for use in processes resulting in their transformation or destruction;
    (iv) The quantity (in kilograms) of regulated substances imported 
and sold for use in processes that result in their transformation or 
destruction;
    (v) The date on which the regulated substances were imported;
    (vi) The port of entry through which the regulated substances 
passed;
    (vii) The country from which the imported regulated substances were 
imported;
    (viii) The company that produced the imported regulated substances;
    (ix) The Harmonized Tariff Schedule code for the regulated 
substances imported;
    (x) The importer number for the shipment;
    (xi) A copy of the bill of lading for the import;
    (xii) The invoice for the import;
    (xiii) The U.S. Customs entry number;
    (xiv) Dated records documenting the sale or transfer of regulated 
substances for use in processes resulting in their transformation or 
destruction;
    (xv) Copies of transformation verifications or destruction 
verifications indicating that the regulated substances will be 
transformed or destroyed;
    (xvi) Dated records of the quantity of regulated substances imported 
for an application listed at Sec.  84.5(c)(2);
    (xvii) The certifications from application-specific allowance 
holders stating that the regulated substances were purchased solely for 
an application listed in Sec.  84.5(c)(2) and will not be resold for use 
in a different application or used in any other manufacturing process;
    (xviii) Dated records of batch tests of regulated substances 
packaged for sale or distribution; and
    (xix) For any entity subject to an order issued by the Department of 
Commerce that is receiving allowances for 2022 or 2023, documentation of 
cash deposit of and final payment of the antidumping and countervailing 
duty for regulated substances imported.
    (3) Transhipments. (i) A person must notify the relevant Agency 
official of each shipment of a regulated substance that is to be 
transhipped through the United States. The notification is required at 
least 30 working days before the shipment is to leave the foreign port 
of export for importation into the United States as a transhipment, and 
must contain the following information:
    (A) Name, Harmonized Tariff Schedule code, and quantity in kilograms 
of each regulated substance to be transhipped;
    (B) Name and address of the importer, the importer ID number, and 
the contact person's name, email address, and phone number;
    (C) Source country; and
    (D) The U.S. port of entry, the expected date of importation, and 
the vessel transporting the material. If at the time of submitting the 
petition the importer does not know this information, the importer is 
required to notify the relevant Agency official of this information 
prior to the entry of each shipment into the United States.
    (ii) The person in paragraph (c)(3)(i) of this section must notify 
the relevant Agency official of each shipment of a regulated substance 
that has been transhipped when it is exported from the United States. 
The notification is required at least 10 working days after the shipment 
is exported from the

[[Page 362]]

United States, and must contain the following information:
    (A) Name, Harmonized Tariff Schedule code, and quantity in kilograms 
of each regulated substance to be transhipped;
    (B) Name and address of the importer, the importer ID number, and 
the contact person's name, email address, and phone number; and
    (C) Date of departure and name of vessel.
    (iii) Any person who tranships a regulated substance must maintain 
records that indicate:
    (A) That the regulated substance shipment originated in a foreign 
country;
    (B) That the regulated substance shipment is destined for another 
foreign country; and
    (C) That the regulated substance shipment will not enter U.S. 
commerce within the United States.
    (4) Additional recordkeeping requirements--importers of used 
regulated substances for destruction. A person receiving a non-objection 
notice from the relevant Agency official to import used regulated 
substances for destruction must maintain the following records:
    (i) A copy of the petition 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) An English translation of the document in paragraph (c)(4)(iii) 
of this section;
    (v) U.S. Customs entry documents for the import that must include 
the Harmonized Tariff Schedule codes;
    (vi) The date, amount, and name of the regulated substances sent for 
destruction, per shipment;
    (vii) An invoice from the destruction facility verifying the 
shipment was received; and
    (viii) Records from the destruction facility indicating that the 
substance has been destroyed.
    (5) Recordkeeping requirements--aggregators. A person aggregating a 
regulated substance prior to destruction, regardless of whether the 
person is an importer, must:
    (i) Maintain transactional records that include the name and address 
of the entity from whom they received the regulated substance imported 
for destruction;
    (ii) Maintain transactional records that include the name and 
address of the entity to whom they sent the regulated substance imported 
for destruction;
    (iii) Maintain records that include the date and quantity of the 
imported regulated substance received for destruction;
    (iv) Maintain records that include the date and quantity of the 
imported regulated substance sent for destruction; and
    (v) If the person is the final aggregator of such a regulated 
substance before the material is destroyed, maintain a copy of records 
indicating that the substance has been destroyed.
    (6) Recordkeeping requirements--vessel owners/operators. A person 
offloading regulated substances recovered from equipment aboard a marine 
vessel, aircraft, or other aerospace vehicle while in a U.S. port must 
maintain records of the company name, vessel name or identifier, 
location of the appliance, date of recovery, person doing the recovery, 
the amount of regulated substances recovered and type of refrigerant 
recovered for each servicing event, and the amount of each regulated 
substance or blend of regulated substances offloaded and the date it was 
offloaded.
    (7) Additional reporting for importers. A person importing a 
regulated substance, or their agent, must include the following no later 
than 14 days before importation via a Customs and Border Protection-
authorized electronic data interchange system, such as the Automated 
Broker Interface:
    (i) Cargo Description;
    (ii) Quantity;
    (iii) Quantity Unit of Measure Code;
    (iv) Quantity Unit of Measure;
    (v) Weight;
    (vi) Weight Unit of Measure;
    (vii) Port of Entry;
    (viii) Scheduled Entry Date;
    (ix) Harmonized Tariff Schedule (HTS) code;
    (x) Harmonized Tariff Schedule (HTS) Description;

[[Page 363]]

    (xi) Origin Country;
    (xii) Importer Name and Importer Number;
    (xiii) Consignee Entity Name;
    (xiv) CAS Number(s) of the regulated substance(s) imported and, for 
regulated substances that are in a mixture, either the ASHRAE numerical 
designation of the refrigerant or the percentage of the mixture 
containing each regulated substance;
    (xv) If importing regulated substances for transformation or 
destruction, a copy of the non-objection notice issued consistent with 
Sec.  84.25; and
    (xvi) If importing regulated substances as a transhipment, a copy of 
the confirmation documenting the importer reported the transhipment 
consistent with paragraph (c)(3)(i) of this section.
    (8) One-time report--payment of antidumping and countervailing 
duties. By November 30, 2021, any entity importing regulated substances 
subject to an antidumping and countervailing duty order issued by the 
Department of Commerce that is receiving allowances for 2022 or 2023 
must provide documentation of cash deposit of and final payment of such 
duties for the regulated substances imported from January 1, 2017, 
through May 19, 2021, or provide evidence that those imports were not 
subject to such duties for those years.
    (d) Exporters. Persons (``exporters'') who export regulated 
substances must comply with the following reporting requirements:
    (1) Reporting requirements--exporters. Within 45 days after the end 
of each quarter, each exporter of a regulated substance must submit to 
the relevant Agency official a report containing the following 
information if such information was not already reported under paragraph 
(b)(2) of this section:
    (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 each specific regulated substance exported, 
including the quantity of regulated substance that is used, reclaimed, 
or recycled;
    (iv) The date on which, and the port from which, the regulated 
substances were exported from the United States or its territories;
    (v) The country to which the regulated substances were exported;
    (vi) The Harmonized Tariff Schedule codes for the regulated 
substances shipped;
    (vii) For persons exporting for transformation or destruction of the 
regulated substance, the invoice or sales agreement containing language 
similar to the transformation verifications that importers use, or 
destruction verifications showing that the purchaser or recipient 
intends to destroy the regulated substances; and
    (viii) For the fourth quarter report only, the quantity of each 
regulated substance held in inventory on December 31.
    (2) Used regulated substances. Any exporter of used regulated 
substances must indicate on the bill of lading or invoice that the 
regulated substance is used.
    (e) Second-party transformation and destruction. Any person who 
transforms or destroys regulated substances produced or imported by 
another person must comply with the following recordkeeping and 
reporting requirements:
    (1) Reporting--second-party transformation and destruction. Any 
person who transforms or destroys regulated substances produced or 
imported by another person must report the following for each facility:
    (i) The names and quantities (in kilograms) of the regulated 
substances transformed for each calendar year within 45 days after the 
end of that year; and
    (ii) The names and quantities (in kilograms) of the regulated 
substances destroyed for each calendar year within 45 days after the end 
of that year.
    (2) Recordkeeping--second-party transformation and destruction. Any 
person who transforms or destroys regulated 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 regulated substances to the person;
    (ii) Records identifying the producer or importer of the regulated 
substances received by the person;

[[Page 364]]

    (iii) Dated records of inventories of regulated substances at each 
plant on the first day of each quarter;
    (iv) Dated records of the quantity (in kilograms) of each regulated 
substance transformed or destroyed;
    (v) In the case where regulated substances were purchased or 
transferred for transformation purposes, a copy of the person's 
transformation verification;
    (vi) Dated records of the names, commercial use, and quantities (in 
kilograms) of the resulting chemical(s) when the regulated substances 
are transformed;
    (vii) Dated records of shipments to purchasers of the resulting 
chemical(s) when the regulated substances are transformed; and
    (viii) In the case where regulated substances were purchased or 
transferred for destruction purposes, a copy of the person's destruction 
verification.
    (3) Transformation verifications. Any person who purchases regulated 
substances for purposes of transformation must provide the producer or 
importer of the regulated substances with a transformation verification 
that the regulated substances are to be used in processes that result in 
their transformation. The verification can only be valid for one year. 
The transformation verification shall include the following:
    (i) Identity and address of the person intending to transform the 
regulated substances;
    (ii) The quantity (in kilograms) of regulated substances intended 
for transformation;
    (iii) Identity of shipments by purchase order number(s), purchaser 
account number(s), location(s), or other means of identification;
    (iv) Period of time over which the person intends to transform the 
regulated substances; and
    (v) Signature and title of the verifying person.
    (4) Destruction verifications. Any person who purchases or receives 
regulated substances in processes that result in their destruction shall 
provide the producer or importer of the regulated substances with a 
destruction verification that the regulated substances are to be used in 
processes that result in their destruction. The verification can only be 
valid for up to 120 days. The destruction verification shall include the 
following:
    (i) Identity and address of the person intending to destroy 
regulated substances;
    (ii) The quantity (in kilograms) of regulated substances intended 
for destruction;
    (iii) Identity of shipments by purchase order number(s), purchaser 
account number(s), location(s), or other means of identification;
    (iv) The destruction efficiency at which such substances will be 
destroyed;
    (v) Period of time over which the person intends to destroy 
regulated substances; and
    (vi) Signature and title of the verifying person.
    (5) Transformation reporting--one-time report. Within 120 days of 
January 1, 2022, or within 120 days of the date that an entity first 
transforms a regulated substance, whichever is later, any person who 
transforms a regulated substance must provide EPA with a one-time report 
containing the following information:
    (i) A description of the transformation use;
    (ii) A description of all technologies and actions taken to minimize 
emissions of regulated substances;
    (iii) The name of the product manufactured in the process;
    (iv) A list of any coproducts, byproducts, or emissions from the 
line on which the regulated substance is to be transformed that are 
other regulated substances; ozone-depleting substances listed in 40 CFR 
part 82, subpart A; or hazardous air pollutants initially identified in 
section 112 of the Clean Air Act, and as revised through rulemaking and 
codified in 40 CFR part 63;
    (v) The estimated annual fugitive emissions by chemical associated 
with the transformation process;
    (vi) The anticipated ratio of regulated substance used for 
transformation to the amount of end product manufactured; and
    (vii) A mass balance equation of the transformation reaction.
    (f) All destruction facilities--(1) Destruction--one-time report. 
Within 120 days of January 1, 2022, or within 120

[[Page 365]]

days of the date that an entity first destroys a regulated substance, 
whichever is later, every person who destroys regulated substances, 
whether in a process for destruction or for disposal of a used 
substance, shall provide EPA with a report containing the following 
information:
    (i) The destruction unit's destruction efficiency;
    (ii) The methods used to determine destruction efficiency;
    (iii) The methods used to record the volume destroyed;
    (iv) The name of other relevant federal or state regulations that 
may apply to the destruction process; and
    (v) Any changes to the information in this paragraph must be 
reflected in a revision to be submitted to EPA within 60 days of the 
change(s).
    (2) Proof of destruction. Any person who destroys used regulated 
substances for disposal of that substance, shall provide the importer or 
aggregator with a record indicating the substance was destroyed within 
30 days of the date of destruction.
    (g) Process agents--(1) Reporting--one-time report. Within 120 days 
of January 1, 2022, or within 120 days of the date that an entity first 
uses a regulated substance as a process agent, whichever is later, any 
person who uses a regulated substance as a process agent must provide 
EPA a one-time report containing the following information:
    (i) A description of the process agent use that includes details of 
the percentages of process agent retained within the process, recovered 
after the process, and emitted or entrained in the final product;
    (ii) A description of all technologies and actions taken to minimize 
emissions of regulated substances;
    (iii) The name of the product and byproducts manufactured in the 
process; and
    (iv) The anticipated ratio of process agent emissions to end product 
manufactured.
    (2) Annual report. Any person who uses a regulated substance as a 
process agent must provide an annual report containing the following 
information:
    (i) Contact information including email address and phone number for 
a primary and alternate contact person;
    (ii) The amount of regulated substance used as a process agent;
    (iii) The amount of product and the amount of byproducts 
manufactured (including amounts eventually destroyed or used as 
feedstock);
    (iv) The stack point source emissions; and
    (v) A description of any regulated substance emission reduction 
actions planned or currently under investigation.
    (h) Holders of application-specific allowances.
    (1) Reporting. Any person allocated application-specific allowances, 
except for persons receiving application-specific allowances for 
mission-critical military end uses, must submit to the relevant Agency 
official a report by July 31 (covering prior activity from January 1 
through June 30) and January 31 (covering prior activity from July 1 
through December 31) of each year. The report shall contain the 
following information:
    (i) The quantity (in kilograms) of regulated substances acquired 
through conferring allowances during the previous six months;
    (ii) The quantity (in kilograms) of regulated substances acquired 
through expending allowances and directly imported during the previous 
six months;
    (iii) The quantity (in kilograms) of regulated substances purchased 
for application-specific use without expending application-specific 
allowances during the previous six months (i.e., from the open market);
    (iv) The quantity (in kilograms) of inventory on the last day of the 
previous six-month period of each regulated substance for application-
specific use held by the reporting company or held under contract by 
another company for the reporting company's use;
    (v) The quantity (in kilograms) of each regulated substance for 
application-specific use that was destroyed or recycled during the 
previous six months;
    (vi) The names and contact information of each company to which 
application-specific allowances were conferred, and the quantity of 
allowances conferred from each company, and the quantity of regulated 
substances received from each company;

[[Page 366]]

    (vii) In the July 31 report only, a description of plans to 
transition application-specific use of regulated substances to regulated 
substances with a lower exchange value or alternatives to regulated 
substances;
    (viii) In the July 31 report only, if a company is requesting 
additional allowances due to one or more of the circumstances listed in 
Sec.  84.13(b)(1), the report must include a projection of the monthly 
quantity of additional regulated substances needed for application-
specific use(s) by month in the next calendar year and a detailed 
explanation, including relevant supporting documentation to justify the 
additional need; and
    (ix) In the July 31 report only, if a company is contracting out the 
manufacturing of defense sprays or metered dose inhalers, or paying 
another person (whether it is in cash, credit, goods, or services) to 
perform the servicing of onboard aerospace fire suppression, the name, 
address, and email address for a representative of the person doing the 
manufacturing or servicing, and clarification on whether the responses 
in paragraph (h)(1) of this section apply to the company that is 
allocated application-specific allowances or the company receiving the 
contract for manufacturing and/or servicing using application-specific 
allowances.
    (2) New Requests. Persons requesting application-specific allowances 
for the first time must submit to EPA the following information:
    (i) A description of the use of regulated substances and a detailed 
explanation of how the use is an application-specific use listed in 
Sec.  84.13(a);
    (ii) Total quantity (in kilograms) of all regulated substances 
acquired for application-specific use in the previous three years, 
including a copy of the sales records, invoices, or other records 
documenting that quantity;
    (iii) The name of the entity or entities supplying regulated 
substances for application-specific use and contact information for 
those suppliers;
    (iv) The quantities (in kilograms) of regulated substances held in 
inventory for application-specific use as of June 30 of the prior year 
and June 30 in the current year;
    (v) A description of plans to transition to regulated substances 
with a lower exchange value or alternatives to regulated substances;
    (vi) If a company is requesting additional allowances due to one or 
more of the circumstances listed in Sec.  84.13(b)(1), the report must 
include a projection of the monthly quantity of additional regulated 
substances needed by month in the next calendar year and a detailed 
explanation, including relevant supporting documentation to justify the 
additional need; and
    (vii) If a company is contracting out the manufacturing of defense 
sprays or metered dose inhalers, or contracting out the servicing of 
onboard aerospace fire suppression, the name, address, and email address 
for a representative of the person doing the manufacturing or servicing, 
and clarification on whether the responses in paragraph (h)(2) of this 
section apply to the company that is requesting application-specific 
allowances or the company receiving the contract for manufacturing and/
or servicing using application-specific allowances.
    (3) Report for Application-specific Allowances for Mission-critical 
Military End Use. The Department of Defense must provide a report to EPA 
biannually by July 31 (covering prior activity from January 1 through 
June 30) and January 31 (covering prior activity from July 1 through 
December 31) of each year contains the following information:
    (i) The quantity (in kilograms) of each regulated substance acquired 
for application-specific use by conferring application-specific 
allowances;
    (ii) The quantity of inventory on June 30 of each regulated 
substance for application-specific use held by the Department of Defense 
or held under contract by another company for use by the Department of 
Defense;
    (iii) The quantity of each regulated substance requested for 
mission-critical military end uses in the next calendar year;
    (iv) The broad sectors of use covered by current mission-critical 
military end uses in the next calendar year; and
    (v) A description of plans to transition application-specific use(s) 
to regulated substances with a lower exchange

[[Page 367]]

value or alternatives to regulated substances, including not-in-kind 
substitutes.
    (4) Conferral of allowances. Entities who confer application-
specific allowances, except for the conferral of allowances for mission-
critical military end uses, must submit the following information about 
each conferral to the relevant Agency official prior to conferring 
allowances:
    (i) The identities and addresses of the conferrer and the conferee;
    (ii) The names, telephone numbers, and email addresses of contact 
persons for the conferrer and the conferee;
    (iii) The specific application for which application-specific 
allowances are to be conferred;
    (iv) The quantity (in MTEVe) of application-specific allowances 
being conferred;
    (v) The amount of unexpended application-specific allowances of the 
type and for the year being conferred that the conferrer holds under 
authority of this subpart as of the date the claim is submitted to EPA; 
and
    (vi) A certification from the conferrer and the conferee stating 
that the regulated substances being acquired, produced, or imported are 
solely for an application listed in Sec.  84.5(c)(2) and will not be 
resold for use in a different application or used in any other 
manufacturing process.
    (5) Confirmation of conferral. If the conferrer has sufficient 
application-specific allowances for the conferral, the conferral will 
occur and the relevant Agency official will issue a confirmation notice 
to both the conferrer and conferee documenting the conferral occurred. 
The relevant agency official will reduce the conferrer's balance of 
unexpended allowances by the quantity conferred. However, if EPA 
ultimately finds that the conferrer did not have sufficient unexpended 
allowances to cover the conferral or that the regulated substances 
produced or imported with conferred allowances are used for anything 
other than the specific application identified in the conferee's 
submittal and for the application those allowances were allocated for, 
the conferrer and conferee will be liable for any violations of the 
regulations of this subpart that occur as a result of, or in conjunction 
with, the improper conferral.
    (6) Recordkeeping. Entities who receive via allocation, transfer, or 
conferral of application-specific allowances, except for mission-
critical military end uses, must maintain the following records for five 
years:
    (i) Records necessary to develop the biannual reports;
    (ii) A copy of certifications provided to entities when conferring 
and transferring allowances for application-specific use;
    (iii) A copy of confirmation notices when conferring allowances for 
application-specific use;
    (iv) A copy of the annual submission requesting application-specific 
allowances;
    (v) Invoices and order records related to the purchase of regulated 
substances;
    (vi) Records related to the transfer and conferral of application-
specific allowances to other entities; and
    (vii) Records documenting how regulated substances acquired with 
application-specific allowances were used.
    (7) Recordkeeping--Mission-Critical Military End Uses. The 
Department of Defense must maintain the following records:
    (i) Records necessary to develop the annual report;
    (ii) A copy of certifications provided to entities when conferring 
allowances for application-specific use;
    (iii) Invoices and order records related to the purchase of 
regulated substances;
    (iv) Records documenting the conferral(s) of application-specific 
allowances to other entities up to and including the producer and or 
importer of the chemical;
    (v) Records documenting the transfer of regulated substances to an 
agent or unit of the Department of Defense where the regulated substance 
will be used for mission-critical applications; and
    (vi) Copies of current and historical plans prescribed by the Office 
of the Secretary of Defense documenting internal Department of Defense 
monitoring and review procedures for accuracy.

[[Page 368]]

    (i) Reclaimers. Persons (``reclaimers'') who reclaim regulated 
substances must comply with the following recordkeeping and reporting 
requirements:
    (1) One-time report. By February 14, 2022, any person who reclaims a 
regulated substance must provide a one-time report containing the 
following information:
    (i) The quantity of each regulated substance held in inventory as of 
December 31, 2021, broken out by whether the regulated substance is 
recovered, reclaimed, and virgin;
    (ii) The name of the laboratory that conducts batch testing and a 
signed statement from that laboratory confirming there is an ongoing 
business relationship with the reclaimer;
    (iii) The number of batches tested for each regulated substance or 
blend containing a regulated substance in the prior year; and
    (iv) The number of batches that did not meet the specifications in 
appendix A to 40 CFR part 82, subpart F in the prior year.
    (2) Quarterly Reporting. Within 45 days after the end of each 
quarter, each reclaimer of a regulated substance must submit to the 
relevant Agency official a report containing the quantity of material 
(the combined mass of regulated substance and contaminants) by regulated 
substance sent to them for reclamation, the total mass of each regulated 
substance, and the total mass of waste products.
    (3) Annual Reporting. Within 45 days after the end of the fourth 
quarter, each reclaimer of a regulated substance must submit to the 
relevant Agency official a report containing the quantity of each 
regulated substance held in inventory onsite as of December 31 broken 
out by whether the regulated substance is recovered, reclaimed, and 
virgin.
    (4) Recordkeeping. (i) Reclaimers must maintain records, by batch, 
of the results of the analysis conducted to verify that reclaimed 
regulated substance meets the necessary specifications in appendix A to 
40 CFR part 82, subpart F (based on AHRI Standard 700-2016). Such 
records must be maintained for five years.
    (ii) 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 regulated substance and contaminants) by 
regulated substance sent to them for reclamation. Such records must be 
maintained on a transactional basis for five years.
    (j) Fire suppressant recycling. Persons (``recycler'') who recycle 
regulated substances used as a fire suppressant must comply with the 
following recordkeeping and reporting requirements:
    (1) Quarterly Reporting. Within 45 days after the end of each 
quarter, each recycler of a regulated substance used as a fire 
suppressant must submit to the relevant Agency official a report 
containing the quantity of material (the combined mass of regulated 
substance and contaminants) by regulated substance sent to them for 
recycling, the total mass of each regulated substance recycled, and the 
total mass of waste products.
    (2) Annual Reporting. Within 45 days after the end of the fourth 
quarter, each recycler of a regulated substance used as a fire 
suppressant must submit to the relevant Agency official a report 
containing the quantity of each regulated substance held in inventory 
onsite broken out by recovered, recycled, and virgin.
    (3) Recordkeeping. Recyclers must maintain records of the names and 
addresses of persons sending them material for recycling and the 
quantity of the material (the combined mass of regulated substance and 
contaminants) by regulated substance sent to them for recycling. Such 
records must be maintained on a transactional basis for five years.
    (k) Treatment of Data submitted under 40 CFR part 84. (1) Except as 
otherwise provided in paragraph (i) of this section, 40 CFR 2.201 
through 2.215 and 2.301 do not apply to data submitted under this part 
that EPA has determined through rulemaking to be either of the 
following:
    (i) Emission data, as defined in 40 CFR 2.301(a)(2), determined in 
accordance with section 114(c) and 307(d) of the Clean Air Act; or
    (ii) Data not otherwise entitled to confidential treatment.

[[Page 369]]

    (2) Except as otherwise provided in paragraph (k)(4) of this 
section, 40 CFR 2.201 through 2.208 and 2.301(c) and (d) do not apply to 
data submitted under this part that EPA has determined through 
rulemaking to be entitled to confidential treatment. EPA shall treat 
that information as confidential in accordance with the provisions of 40 
CFR 2.211, subject to paragraph (h)(4) of this section and 40 CFR 2.209.
    (3) Upon receiving a request under 5 U.S.C. 552 for data submitted 
under this part that EPA has determined through rulemaking to be 
entitled to confidential treatment, the relevant Agency official shall 
furnish the requestor a notice that the information has been determined 
to be entitled to confidential treatment and that the request is 
therefore denied. The notice shall include or cite to the appropriate 
EPA determination.
    (4) A determination made through rulemaking that information 
submitted under this part is entitled to confidential treatment shall 
continue in effect unless, subsequent to the confidentiality 
determination through rulemaking, EPA takes one of the following 
actions:
    (i) EPA determines through a subsequent rulemaking that the 
information is emission data or data not otherwise entitled to 
confidential treatment; or
    (ii) The Office of General Counsel issues a final determination, 
based on the requirements of 5 U.S.C. 552(b)(4), stating that the 
information is no longer entitled to confidential treatment because of 
change in the applicable law or newly discovered or changed facts. Prior 
to making such final determination, EPA shall afford the business an 
opportunity to submit comments on pertinent issues in the manner 
described by 40 CFR 2.204(e) and 2.205(b). If, after consideration of 
any timely comments submitted by the business, the Office of General 
Counsel makes a revised final determination that the information is not 
entitled to confidential treatment, the relevant agency official will 
notify the business in accordance with the procedures described in 40 
CFR 2.205(f)(2).

[86 FR 55201, 55215, Oct. 5, 2021]



Sec.  84.33  Auditing of recordkeeping and reporting.

    (a) Any person producing, importing, exporting, reclaiming, or 
recycling for fire suppression a regulated substance, as well as any 
person receiving application-specific allowances, must arrange for 
annual third-party auditing of reports submitted to EPA except for 
persons receiving application-specific allowances for mission-critical 
military end uses.
    (b) For producers, importers, and exporters, auditors must review 
the inputs the regulated entities used to develop quarterly and annual 
reports including:
    (1) The amount of production and consumption allowances allocated;
    (2) The amount, timing, and parties to allowance transfers, and the 
associated documentation and offset amount;
    (3) Records documenting the amount of regulated substances imported, 
exported, produced, and destroyed, transformed, or sent to another 
entity for such purpose;
    (4) Records documenting any application-specific allowances 
allocated or conferred from other companies, including the amounts of 
allowances conferred, regulated substances purchased and/or sold, the 
specific application for which the regulated substances were provided, 
and the names, telephone numbers, and email addresses for contact 
persons for the recipient companies;
    (5) The date and the port from which regulated substances were 
imported or exported;
    (6) A copy of the bill of lading and the invoice indicating the 
quantity of regulated substances imported or exported;
    (7) Relevant Harmonized Tariff Schedule codes;
    (8) The number and type of railcars, ISO tanks, individual 
cylinders, drums, small cans, or other containers used to store and 
transport regulated substances;
    (9) The inventory of regulated substances as of the end of the prior 
calendar year;
    (10) A random sample (5 percent or 10, whichever is higher) of batch 
testing results;

[[Page 370]]

    (11) A random sample (5 percent or 10, whichever is higher) of 
certification identifications requested and generated and where 
associated regulated substances are sold and distributed; and
    (12) All other reports submitted to EPA under this subpart.
    (c) For companies issued application-specific allowances by EPA, 
auditors must review the following:
    (1) Records documenting the amount of application-specific 
allowances allocated;
    (2) The amount, timing, and parties to allowance transfers, and the 
associated documentation and offset amount;
    (3) Records documenting any application-specific allowances 
conferred to or from other companies, including the amounts of 
allowances conferred, regulated substances purchased, the specific 
application for which the regulated substances were provided, and the 
names, telephone numbers, and email addresses for contact persons for 
the recipient companies;
    (4) Records documenting the total amount of regulated substances 
purchased for the application-specific end use, and the amount of 
regulated substances sold to another company for application-specific 
used;
    (5) Inventory of regulated substances at the end of the calendar 
year; and
    (6) All other reports submitted to EPA under this subpart.
    (d) For reclaimers and fire suppressant recyclers, auditors must 
review the following:
    (1) The quantity of regulated substances received for reclamation or 
recycling;
    (2) A random sample (5 percent or 10, whichever is higher) of 
records documenting the names and addresses of persons sending them 
material and the quantity of the material, measured in the combined mass 
of refrigerant and contaminants, by regulated substance to them;
    (3) Records documenting the quantity of regulated substances 
reclaimed;
    (4) A random sample (5 percent or 10, whichever is higher) of 
certification identifications requested and generated and where the 
associated regulated substances are sold and distributed; and
    (5) All other reports submitted to EPA under this subpart.
    (e) An auditor must meet the following requirements:
    (1) The auditor must be a certified public accountant, or firm of 
such accountants, that is independent of the regulated person. Such an 
auditor must comply with the requirements for professional conduct, 
including the independence requirements, and the quality control 
requirements in 40 CFR 1090.1800(b)(1)(ii), as well as applicable rules 
of state boards of public accountancy. Such an auditor must also meet 
the requirements to perform an attestation engagement in 40 CFR 
1090.1800(b)(1)(ii).
    (2) The auditor must meet the independence requirements in paragraph 
(f) of this section.
    (3) Any auditor suspended or debarred under 2 CFR part 1532 or 48 
CFR part 9, subpart 9.4, is not qualified to perform attestation 
engagements under this section.
    (f) All reports required under this paragraph must be signed and 
certified as meeting all the applicable requirements of this subpart by 
the independent third-party auditor. The auditor must:
    (1) Attest that the information in the audit report is accurate;
    (2) Attest that the company submitted all required reports to the 
Agency or specify which reports are missing and provide an assessment on 
whether missing reports should have been submitted; and
    (3) Obtain a signed statement from a responsible corporate officer 
that all reports submitted to the EPA for the prior calendar year are 
complete and accurate.
    (g) The following provisions apply to each audit performed under 
this section:
    (1) The auditor must prepare a report identifying the applicable 
procedures specified in this section along with the auditor's 
corresponding findings for each procedure. The auditor must submit the 
report electronically to EPA by May 31 of the year following the 
compliance period.
    (2) The auditor must identify any instances where compared values do 
not agree or where specified values do not

[[Page 371]]

meet applicable requirements under this part.
    (3) Laboratory analysis refers to the original test result for each 
analysis of a product's properties.
    (4) For a reclaimer that relies on a third-party laboratory for 
batch testing, the laboratory analysis consists of the results provided 
by the third-party laboratory.
    (h) The independent third party, their contractors, subcontractors, 
and their organizations must be independent of the regulated party. All 
the criteria listed in paragraph (a) of this section must be met by each 
person involved in the specified activities in this section that the 
independent third party is hired to perform for a regulated party.
    (1) Employment criteria. No person employed by an independent third 
party, including contractor and subcontractor personnel, who is involved 
in a specified activity performed by the independent third party under 
the provisions of this section, may be employed, currently or 
previously, by the regulated party for any duration within the 12 months 
preceding the date when the regulated party hired the independent third 
party to provide services under this section.
    (2) Financial criteria. (i) The third-party's personnel, the third-
party's organization, or any organization or individual that may be 
contracted or subcontracted by the third party must meet all the 
following requirements:
    (A) Have received no more than one-quarter of their revenue from the 
regulated party during the year prior to the date of hire of the third 
party by the regulated party for any purpose.
    (B) Have no interest in the regulated party's business. Income 
received from the third party to perform specified activities under this 
section is excepted.
    (C) Not receive compensation for any specified activity in this 
section that is dependent on the outcome of the specified activity.
    (ii) The regulated party must be free from any interest in the 
third-party's business.
    (iii) [Reserved]
    (iv) Department of Defense data and reports for application-specific 
allowances for mission-critical military end uses shall be subject to 
internal Department of Defense monitoring and review for accuracy as 
prescribed by the Office of the Secretary of Defense. The results of 
this review shall be reported electronically to EPA by May 31 of the 
year following the compliance period.

[86 FR 55221, Oct. 5, 2021{time} 



Sec.  84.35  Administrative consequences.

    (a) The relevant agency official may retire, revoke, or withhold the 
allocation of allowances, or ban a company from receiving future 
allowance allocations, using the process outlined in paragraph (b) of 
this section. Applying an administrative consequence to retire, revoke, 
or withhold allocation of allowances does not, in any way, limit the 
ability of the United States to exercise any other authority to bring an 
enforcement action under any applicable law or regulation.
    (b) The relevant agency official will provide a company notice if 
the Agency intends to retire, revoke, or withhold allocation of 
allowances, or ban the company from receiving future allowance 
allocations. The notice will specify the conduct leading to the 
administrative consequence and what the consequence will be. The 
relevant agency official will provide such notice no less than 30 days 
before the impending consequence.
    (1) After the relevant agency official provides notice of an 
impending administrative consequence, the company for which such 
consequence is pending may not expend, transfer, or confer any 
allowances.
    (2) Any company receiving such a notification may provide 
information or data to EPA on why the administrative consequence should 
not be taken within 14 days of the date of the EPA's notice.
    (3) If EPA does not receive a response within 14 days of the date of 
the Agency notice of impending administrative

[[Page 372]]

consequence, the administrative consequences will be effective on the 
date specified in the notice.

[86 FR 55221, Oct. 5, 2021]

Subpart B [Reserved]



            Sec. Appendix A to Part 84--Regulated Substances

         HFCs Listed as Regulated Substances in the AIM Act \1\
------------------------------------------------------------------------
              HFC                    Chemical formula     Exchange value
------------------------------------------------------------------------
HFC-134........................  CHF2CHF2...............           1,100
HFC-134a.......................  CH2FCF3................           1,430
HFC-143........................  CH2FCHF2...............             353
HFC-245fa......................  CHF2CH2CF3.............           1,030
HFC-365mfc.....................  CF3CH2CF2CH3...........             794
HFC-227ea......................  CF3CHFCF3..............           3,220
HFC-236cb......................  CH2FCF2CF3.............           1,340
HFC-236ea......................  CHF2CHFCF3.............           1,370
HFC-236fa......................  CF3CH2CF3..............           9,810
HFC-245ca......................  CH2FCF2CHF2............             693
HFC-43-10mee...................  CF3CHFCHFCF2CF3........           1,640
HFC-32.........................  CH2F2..................             675
HFC-125........................  CHF2CF3................           3,500
HFC-143a.......................  CH3CF3.................           4,470
HFC-41.........................  CH3F...................              92
HFC-152........................  CH2FCH2F...............              53
HFC-152a.......................  CH3CHF2................             124
HFC-23.........................  CHF3...................          14,800
------------------------------------------------------------------------
\1\ This table includes all isomers of the substances above, regardless
  of whether the isomer is explicitly listed on its own.


[86 FR 55222, Oct. 5, 2021]



[[Page 373]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 375]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 376]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

[[Page 377]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

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    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 379]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

[[Page 380]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 381]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

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      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 383]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 384]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 385]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 386]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 387]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 388]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 389]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 390]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 391]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 392]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 393]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 394]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 395]]



           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 396]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 397]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 398]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 399]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 400]]

Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 401]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 402]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 403]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 405]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
82 Determination...................................................18431
82.170--82.184 (Subpart G) Regulation at 82 FR 58128 withdrawn......9703
    Appendix R amended.............................................38975
86.000-7 Introductory text reinstated; CFR correction..............18436
86.1920 Heading added; CFR correction..............................30573

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
82 Determination...................................................64765
82.42 (a)(1)(iii)(A) revised.......................................34070
82.42 (a)(1)(iii)(F) revised.......................................44230

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
82 Determination...................................................79863
82.3 Amended.......................................................15291
82.4 (f) removed; (j) revised; (r) and (s) added...................15291
82.9 (a), (b), (e) and (f) removed; (c) introductory text revised 
                                                                   15292
82.10 Removed......................................................15292
82.12 (a)(1) introductory text revised; (a)(2), (b), and (c) 
        removed....................................................15292
82.13 (a), (c), (f)(2)(xvii) through (xxii), (3)(xiii) through 
        (xvii), (g)(1)(xi), (xv), (xvii) through (xxi), (2)(i), 
        (ii), (iii), (vi), (viii) through (xiii), (3)(i)(A), 
        (vii), (4)(xv) through (xviii), (h) heading, (1) 
        introductory text, (ii), (iii), (2) introductory text, 
        (ii) through (v), (viii), (v), (w)(2), (y), (z), and (aa) 
        revised; (f) heading, (2) heading, (g) heading, (2)(xv), 
        (3) heading, (4) heading, (5) through (10), and (w) 
        heading added; (f)(2)(iv), (v), (xvi), (3)(iv), (ix), 
        (g)(2)(xiv), (4)(vii), (xi), and (i) removed; (f)(2)(xiv), 
        (xv), (3) introductory text, and (g)(1) introductory text 
        amended....................................................15292
82.14 Added........................................................15296
82.15 (g)(5) and (5) redesignated as (g)(6) and (7); (g)(3), new 
        (5), and (8) added.........................................15296
82.16 (a) heading removed; (a)(1) and (e) revised..................15296
82.23 (a)(i)(F) removed; (b)(1)(i) and (ii) added..................15298

[[Page 406]]

82.24 (a)(1), (b)(2)(iv), (c)(3)(i), (ii), (iii), (vi), (viii) 
        through (xiii), (4)(i)(A), (vii), (d)(1) introductory 
        text, and (iii) revised; (b)(1)(iv), (ix), (xi), (xii), 
        (2)(xiv), (c)(1)(vi), (x), (xi), (2)(xvi), (d)(2), and (g) 
        removed; (b)(1)(viii), (x), (2)(xi), (xiii), and (xiv) 
        amended; (c)(6) through (11) added.........................15298
82.1--82.24 (Subpart A) Appendix K.................................15299
82.62 Amended......................................................15300
82.64 (h) added....................................................15300
82.66 (d)(2)(vi) and (e) revised; (f) added........................15300
82.104 (c) and (h) revised.........................................15300
82.106 (a) revised.................................................15300
82.154 (a)(2)(i) revised...........................................14171
82.157 (a) revised.................................................14171
82.270 (e) revised.................................................15301
83 Added...........................................................84154

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
82.8 (b) revised...................................................46995
82.31 Added........................................................15595
82.32 (e)(1) revised...............................................15595
82.36 (a)(7) revised; (a)(8) through (10) added....................15595
82.38 (a) revised..................................................15595
82.40 (a)(2)(i) revised............................................15595
82.30--82.42 (Subpart B) Appendix F amended........................15596
82.170--82.184 (Subpart G) Appendix O amended......................24471
82.170--82.184 (Subpart G) Appendix W added........................24472
83 Removed; interim................................................26419
84 Added...........................................................55201
84.1 Added.........................................................55206
84.3 Amended.......................................................55206
84.5 Added.........................................................55206
84.13 (h) amended..................................................55208
84.17 Added........................................................55208
84.19 Added........................................................55208
84.21 Added........................................................55208
84.23 Added........................................................55208
84.25 Added........................................................55208
84.27 Added........................................................55208
84.29 Added........................................................55208
84.31 (a) through (g), (h)(1), (4) through (7), and (i) through 
        (k) added..................................................55215
84.33 Added........................................................55221
84.35 Added........................................................55221
84 Appendix A added................................................55222

                                  2022

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
82 Determination....................................................3037
82.170--82.184 (Subpart G) Appendix B amended......................26292

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

40 CFR
                                                                   88 FR
                                                                    Page
Chapter I
82.170--82.184 (Subpart G) Appendix R amended......................26418
82.170--82.184 (Subpart G) Appendix X added........................26424


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