[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Pages 68026-68057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33738]



[[Page 68025]]

_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 82



Protection of Stratospheric Ozone; Final Rule

  Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / 
Rules and Regulations  

[[Page 68026]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5939-4]
RIN 2060-AF35


Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: On July 14, 1992, EPA published a final rule in the Federal 
Register, pursuant to section 609 of the Clean Air Act, as amended (the 
Act), establishing standards and requirements regarding the servicing 
of motor vehicle air conditioners (MVACs) that use chlorofluorocarbon-
12 (CFC-12), a class I refrigerant, and establishing restrictions on 
the sale of small containers of class I or class II refrigerants.
    Pursuant to section 609(b)(1), today's final rule establishes 
standards and requirements for the servicing of MVACs that use any 
refrigerant other than CFC-12. Today's rule also pro-vides that 
refrigerant (whether CFC-12 or a substitute) recovered from motor 
vehicles located at motor vehicle disposal facilities may be re-used in 
the MVAC service sector only if it has been properly recovered and 
reclaimed, or if it has been properly recovered by persons who are 
either employees, owners or operators of the facilities, or technicians 
certified under section 609 of the Act, using approved equipment, and 
subsequently recycled using approved refrigerant recycling equipment 
prior to use in recharging an MVAC or MVAC-like appliance. The rule 
also establishes conditions under which owners and operators of motor 
vehicle disposal facilities may sell refrigerant recovered from such 
vehicles to technicians certified under section 609 of the act. 
Finally, the rule establishes standards for mobile recovery and 
recycling service of MVACs. The rule also clarifies certain provisions 
in the existing regulatory text.
    Today's rule increases industry flexibility in selecting and 
purchasing proper recovery and recycling equipment by establishing 
standards for equipment that recovers and/or recycles refrigerants 
other than CFC-12, and by approving independent testing organizations 
that certify such equipment.
    This final action facilitates compliance with section 608(c)(2) of 
the Act, which prohibits venting refrigerants to the atmosphere. By 
promoting the recycling or reclamation of all refrigerants from MVACs 
and MVAC-like appliances, this rule will help to lower the risk of 
depletion of the stratospheric ozone layer and the possibility of 
global climate change, thus diminishing potentially harmful effects to 
human health and the environment, including increased incidences of 
certain skin cancers and cataracts.

DATES: This final rule is effective January 29, 1998.

ADDRESSES: Comments and materials supporting this rulemaking are 
contained in Public Docket No. A-95-34 in room M-1500, Waterside Mall 
(Ground Floor), U.S. Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460. The docket may be inspected from 8:30 a.m. 
until 5:30 p.m., Monday through Friday. A reasonable fee may be charged 
for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Christine Dibble, Stratospheric 
Protection Division, Office of Atmospheric Programs, Office of Air and 
Radiation (6205-J), 401 M Street SW., Washington, DC 20460. (202) 564-
9147 or electronically at [email protected]. The Ozone 
Information Hotline at 1-800-296-1996 can also be contacted for further 
information.

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed 
in the following outline:

I. Background
    A. Statutory Authority; July 14, 1992 Final Rule and May 2, 1995 
Supplemental Final Rule
    B. Venting Prohibition; Application of Rules to Replacement 
Refrigerants
II. Summary of Public Participation
III. Summary of Major Public Comments
IV. Today's Final Rule
    A. Service Practices
    1. Handling Refrigerant Recovered from Vehicles Bound for 
Disposal and Located at Motor Vehicle Disposal Facilities
    2. Mobile Recovery and Recycling
    3. Topping Off
    4. Recharging Refrigerant Into the Same Vehicle From Which the 
Refrigerant was Extracted
    B. Equipment Standards
    1. Standard for HFC-134a Recover/Recycle Equipment
    2. Standard for HFC-134a Recover-only Equipment
    3. Standard for Automotive Refrigerant Recycling Equipment 
Intended for Use With Both CFC-12 and HFC-134a
    4. Standard for Recover-only Equipment That Extracts a Single, 
Specific Refrigerant other Than CFC-12 or HFC-134a
    C. Substantially Identical Equipment
    D. Approved Independent Standards Testing Organizations
    E. Technician Training and Certification
    F. Sales Restriction
V. Summary of Supporting Analyses
    A. Executive Order 12866
    B. Regulatory Flexibility/Fairness to Small Entities
    C. Paperwork Reduction Act
    D. Unfunded Mandates Reform Act
    E. Submission to Congress and the General Accounting Office

    Entities potentially regulated by this action are those that 
service or dispose of motor vehicle air conditioners. Regulated 
categories and entities include:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Industry..................................  Independent repair shops.   
                                            Service stations.           
                                            Truck fleet shops.          
                                            Collision repair shops.     
                                            Franchised repair shops.    
                                            New car and truck dealers.  
                                            Car and truck rental shops. 
                                            Radiator repair shops.      
                                            Vocational technical        
                                             schools.                   
                                            Farm equipment dealers.     
                                            Automobile rental and       
                                             leasing facilities.        
Federal Government........................  Military repair shops.      
                                            Fleet repair shops.         
State/Tribal/Local Government.............  Fleet repair shops.         
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regu-lated. To determine whether 
your facility, company, business, organization, etc. is regulated by 
this action, you should carefully examine the applicability criteria in 
section 609 of the Clean Air Act and in the regulations promulgated 
thereunder at 40 CFR 82.30 et seq. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

I. Background

A. Statutory Authority; July 14, 1992 Final Rule and May 2, 1995 
Supplemental Final Rule

    Title VI of the Act is designed to protect the stratospheric ozone 
layer. Section 609 of the Act requires the Administrator to promulgate 
regulations establishing standards and requirements

[[Page 68027]]

regarding the servicing of motor vehicle air conditioners (MVACs). On 
July 14, 1992, the Agency published a final rule initially implementing 
section 609. In that rule, the Agency prohibited the repair or 
servicing of any MVAC for consideration if such repair or servicing 
involved the air conditioner refrigerant, unless performed by a trained 
and certified technician who properly uses approved refrigerant 
recycling equipment. The Agency also prohibited the sale or 
distribution of any class I or class II substance (i.e., CFC or HCFC) 
suitable for use in an MVAC that is in a container of less than 20 
pounds, to anyone other than a properly trained and certified section 
609 technician.
    The July 14, 1992 final rule defined ``approved refrigerant 
recycling equipment'' as equipment that recovers and recycles CFC-12 
refrigerant and purifies the refrigerant on-site, and that is certified 
by the Administrator or by an independent standards testing 
organization approved by the Agency as meeting the standards set forth 
in appendix A in the rule.
    The regulatory equipment standards are based on those developed by 
the Society of Automotive Engineers (SAE) and cover service procedures 
for recovering CFC-12 (SAE J1989, issued in October 1989), test 
procedures to evaluate CFC-12 recover/recycle equipment (SAE J1990, 
issued in October 1989 and revised in 1991) and a purity standard for 
recycled CFC-12 refrigerant (SAE J1991, issued in October 1989). CFC-12 
recycling equipment was also considered approved if it was purchased 
before September 4, 1991 (the date on which the July 14, 1992 rule was 
proposed), and is substantially identical to the certified equipment. 
Only equipment certified to meet the standards set forth in appendix A, 
or to meet the criteria for substantially identical equipment, was 
approved under section 609 of the Act for use in the servicing of motor 
vehicle air conditioners.
    The July 14, 1992 rule also established standards by which (i) an 
independent standards testing organization may apply to the Agency for 
approval to test and approve refrigerant recycling equipment, and (ii) 
a training and certification program may apply to the Agency for 
approval to train and certify technicians in the proper use of 
refrigerant recycling equipment for MVACs. Underwriters Laboratories 
(UL) and ETL Testing Laboratories (ETL) are the approved independent 
standards testing organizations that currently certify equipment using 
the standards that appear in appendix A of the rule. Finally, the rule 
established various recordkeeping and reporting requirements.
    As stated above, section 609 prohibits the sale or distribution of 
any class I or class II substance suitable for use in an MVAC that is 
in a container of less than 20 pounds to anyone other than a properly 
trained and certified section 609 technician. It should be noted, 
however, that EPA expanded this prohibition in the regulations 
published on May 14, 1993 at 58 FR 28712 under section 608 of the Act 
(40 CFR 82.154(n)), which prohibits the sale as of November 14, 1994 of 
any size container of a class I or class II substance, including 
refrigerant blends that include class I or class II substances, to 
other than technicians certified under section 608 or section 609 of 
the Act.
    The July 14, 1992 rule reserved standards for equipment that 
extracts but does not recycle CFC-12 refrigerant (recover-only 
equipment) in Appendix B to the rule. On May 2, 1995, EPA published a 
final rule establishing regulatory standards, again based on standards 
developed by SAE, which apply to certification of CFC-12 recover-only 
equipment. Specifically, for recover-only equipment, the Agency adopted 
(i) the recommended service procedure for the containment of CFC-12 
(SAE J1989, issued in October 1989 and set forth in appendix A), and 
(ii) test procedures to evaluate recover-only equipment (SAE J2209, 
issued in June 1992). The definition of ``approved refrigerant 
recycling equipment'' was also expanded to include this recover-only 
equipment. UL and ETL were also approved to certify recover-only 
equipment. Finally, service technicians previously certified to handle 
recover/recycle equipment were grandfathered so that they would not 
have to be recertified to handle recover-only equipment.

B. Venting Prohibition; Application of Rules to Replacement 
Refrigerants

    Many replacement refrigerants for CFC-12 in automotive applications 
are blends of chemicals that include HCFCs, which are class II 
substances. As class II blends, these refrigerants have been subject 
since the inception of the Title VI requirements to all of the same 
rules and restrictions that apply to CFC-12: they may not be vented 
into the atmosphere; they may only be purchased by certified 
technicians, and in small cans only by section 609 certified 
technicians; and they must be recovered by section 609 certified 
technicians and either recycled on-site or reclaimed off-site prior to 
reuse. Today's rule establishes a standard for equipment that extracts 
such blends but does not recycle them. EPA is currently working with 
the industry to determine what standard is appropriate for equipment 
that can safely recycle these blend refrigerants.
    Because HFC-134a is a non-ozone-depleting chemical, and is 
therefore not classified as a class I or class II substance, the 
regulations set forth under Title VI of the Act governing its use are 
somewhat different. Section 609 of the Act defines ``refrigerant'' so 
that, beginning on November 15, 1995, the term includes any substance 
that substitutes for a class I or II substance used in an MVAC. Section 
608 of the Act provides that, beginning on November 15, 1995, any 
substance substituting for a class I or class II substance may not be 
vented into the atmosphere. Therefore, on that date, it became illegal 
to vent HFC-134a, even though it does not contribute to ozone 
depletion. (Venting of CFC-12 substitutes that contain class II 
substances was already prohibited.) Because venting was prohibited, 
recovery of HFC-134a has been de facto required since November 15, 
1995. Recycling HFC-134a in approved equipment, however, has not been 
required. The publication today of standards for equipment that 
recovers and recycles HFC-134a initiates a requirement to recycle HFC-
134a, beginning on the effective date of this rule. A summary of 
today's rule is set forth in section IV below.

II. Summary of Public Participation

    During the public comment period, the Agency received 27 sets of 
comments that are addressed in this action. In addition, EPA received 
and considered additional comments submitted to the Agency after the 
thirty-day comment period ended. All comments considered in this final 
action are contained in the Air Docket. No commenter requested a public 
hearing.

III. Summary of Major Public Comments

    This rule was originally proposed for public comment in the March 
6, 1996 Federal Register (61 FR 9014). Comments to this rule were 
submitted between March 6, 1996 and April 5, 1996. The vast majority of 
comments discussed the proposed clarification of required service 
practices for motor vehicle disposal facilities. The remainder of 
comments addressed the proposed service practices for mobile recovery 
and recycling; the standards for recovery and recycling equipment

[[Page 68028]]

designed for use with HFC-134a or other replacement refrigerants; 
training and certification of technicians; and potential future 
restrictions on the sale of HFC-134a.
    Several commenters disagreed with certain minor technical 
provisions contained in the Society of Automotive Engineers (SAE) 
standards that are being adopted in this rule. Some of these comments 
will be addressed in more detail below. None of these comments is being 
incorporated by the Agency in today's rule, however, because in all 
instances, the Agency believes that the value of EPA legally mandating 
exactly the same standards previously adopted on a wide scale by the 
automotive service industry outweighs any benefit brought by 
incorporating the minor changes suggested. A legally mandated standard 
adopted by EPA that is different from a widely used voluntary industry 
standard would cause significant confusion within the affected 
industry.
    For example, one commenter requested that labels for recovery/
recycling equipment state ``Caution--Should Be Operated by Qualified 
Personnel'' rather than ``Caution--Should Be Operated by Certified 
Personnel.'' The commenter correctly pointed out that owners and 
operators of salvage yards and other automotive recycling facilities 
are qualified under Title VI to handle recovery/recycling equipment, 
but are not certified technicians. If EPA adopted this provision into 
its standard, however, then equipment labels would have to contain both 
statements, if the labels were to meet both the voluntary industry 
standard set forth by SAE, and the mandated standard promulgated by 
EPA. The resulting label would only serve to confuse anyone reading it. 
The Agency believes that the benefit of making the label slightly more 
accurate is outweighed by the advantages brought by consistency between 
industry and government standards.
    Commenters generally supported the proposed standards for recovery 
and recycling equipment, and for the training and certification of 
technicians, and very strongly supported EPA's proposal to explicitly 
permit the use of mobile recovery and recycling equipment to service 
MVACs.
    Commenters extensively discussed the proposed clarification of EPA 
regulations governing who may recover refrigerant from motor vehicles 
bound for disposal, who may purchase such refrigerant, and under what 
conditions such refrigerant may be re-used. In general, the commenters 
either supported the proposed standards that would allow owners, 
operators, and employees of motor vehicle disposal facilities to 
recover and sell to section 609 technicians refrigerants recovered from 
motor vehicles destined for disposal, or claimed that the proposed 
standards, as written, would not serve to protect the national 
refrigerant supply or the environment because they would allow 
untrained technicians to service and sell refrigerants in the 
marketplace.
    Those supporting the proposed changes/clarification claimed that 
both motor vehicle disposal facilities and service technicians who 
install refrigerants in MVAC systems have an economic stake in ensuring 
that refrigerants are properly identified, recovered, handled, recycled 
or reclaimed, and installed. The supporters also suggested that the 
rule would increase the value of the refrigerant to motor vehicle 
disposal facilities by decreasing shipping costs and increasing the 
number of buyers for recovered refrigerant. Those commenters who did 
not fully support the proposed rule asserted that training, 
certification, and refrigerant identification requirements, as well as 
specific sales prohibitions, should be incorporated into the rule to 
better protect the refrigerant supply and the environment. They felt 
that untrained operators would be more likely to vent refrigerants and 
cause contamination problems, and that the minimal training expense, in 
combination with the increasing need to become informed regarding 
recently commercialized substitute refrigerants, warrant a training 
requirement for individuals involved with refrigerant recovery and 
subsequent sales. As a consequence, a large number of commenters urged 
EPA to require owners, operators and employees of motor vehicle 
disposal facilities to become certified technicians under section 609 
of the Act in order to recover refrigerant from MVAC systems. Several 
commenters also requested that the Agency require that any refrigerant 
recovered from MVACs at motor vehicle disposal facilities be sent 
directly to a reclaimer, as is currently required for refrigerant 
recovered from stationary equipment such as household refrigerators and 
air conditioners, when that equipment is to be dismantled and salvaged. 
The major comments to the proposal will be discussed in further detail 
below.
    EPA's responses to specific comments are set forth in section IV, 
Today's Final Rule, below.

IV. Today's Final Rule

    Today's rule further implements sections 608 and 609 of the Act. 
This section of the preamble reviews the elements of the rule and 
addresses the major comments to those elements. Specifically, the 
regulations:
    (i) Explicitly permit, under specified conditions, technicians 
certified under section 609 of the Act who recover refrigerant (whether 
CFC-12 or a replacement) from motor vehicles located at disposal 
facilities and bound for disposal and who recycle that refrigerant to 
use the refrigerant to charge or recharge an MVAC or MVAC-like 
appliance. It also explicitly permits, under specified conditions, 
owners or operators of motor vehicle disposal and recycling facilities, 
salvage yards, scrap recyclers, landfills or other motor vehicle 
disposal facilities where such vehicles may be located, to sell 
refrigerant recovered from such vehicles (whether CFC-12 or a 
replacement) to section 609 certified technicians without recycling the 
recovered refrigerant. These conditions are as follows:
    (a) Any refrigerant that is extracted from an MVAC or an MVAC-like 
appliance 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 (1) recovered and reclaimed in accordance with 
the regulations promulgated in subpart F (the section 608 regulations), 
or (2) recovered using approved refrigerant recycling equipment 
dedicated for use with MVACs and MVAC-like appliances, either by a 
technician certified under section 609, or by an employee, owner, or 
operator of the disposal facility, and subsequently recycled by the 
facility that charges or recharges the refrigerant into an MVAC or 
MVAC-like appliance, using approved refrigerant recycling equipment in 
accordance with any applicable recommended service procedures.
    (b) Any class I or class II substance extracted from an MVAC or an 
MVAC-like appliance bound for disposal and located at a motor vehicle 
disposal facility, which is not recovered and reclaimed in accordance 
with the section 608 regulations, may be sold prior to its subsequent 
re-use only to a section 609 certified technician.
    (c) Any section 609 certified technician who obtains such a class I 
or class II substance may subsequently re-use such refrigerant only in 
an MVAC or MVAC-like appliance, and only if it has been reclaimed or 
properly recycled.
    (ii) Revise the definition of ``properly using'' to explicitly 
permit and establish

[[Page 68029]]

standards for mobile recovery and recycling service of MVACs;
    (iii) Clarify that the definition of ``service involving 
refrigerant'' includes service performed by facilities that charge 
refrigerant into vehicles but do not perform any other kind of 
refrigerant servicing or repair (i.e., facilities that ``top off'' 
only);
    (iv) Further clarify that ``properly using'' recover/recycling 
equipment entails recycling refrigerant prior to recharging it into a 
vehicle, even if the vehicle is the same vehicle from which the 
refrigerant was extracted;
    (v) Establish a standard for recover/recycle equipment that 
extracts and recycles HFC-134a from MVACs;
    (vi) Establish a standard for recover-only equipment that extracts 
HFC-134a from MVACs;
    (vii) Establish a standard for recover-only equipment designed to 
extract a single, specific refrigerant other than CFC-12 and HFC-134a;
    (viii) Establish a standard for recover-recycle equipment that 
extracts and recycles both CFC-12 and HFC-134a using a common 
refrigerant circuit;
    (ix) Revise the requirements for Agency approval of independent 
standards testing organizations to include certification of recover/
recycle and recover-only equipment designed to service MVAC systems 
that use refrigerants other than CFC-12; and
    (x) Revise the criteria for approval of technician training and 
certification programs to reflect the use of recover/recycle and 
recover-only equipment designed to service MVAC systems that use 
refrigerants other than CFC-12.
    In addition, in this notice EPA describes its intention to 
grandfather technicians currently certified under section 609, so that 
they will not need to be recertified to operate recover/recycle and 
recover-only equipment designed to service MVAC systems that use 
refrigerants other than CFC-12.

A. Service Practices

    Today's rule clarifies the Agency's position on four types of 
refrigerant service that have not previously been explicitly addressed 
in the section 609 regulations: (i) The recovery of refrigerant from 
motor vehicles located at a motor vehicle disposal facility and bound 
for disposal, and the subsequent purchase and re-use of such 
refrigerant; (ii) mobile recovery and recycling service, i.e., service 
in which approved recover-only or recover/recycle equipment is 
transported to the location of an MVAC for servicing by a certified 
technician; (iii) service performed by facilities that charge 
refrigerant into vehicles but do not perform any other kind of 
refrigerant servicing or repair (i.e., facilities that ``top off'' 
only); and (iv) service that involves recharging refrigerant into the 
same vehicle from which that refrigerant was extracted.
    The service practice regulations being promulgated today for MVACs 
also apply to MVAC-like appliances (such as air-conditioning systems in 
off-road equipment such as tractors and other farm equipment, 
construction equipment, and mining and quarry equipment, that meet the 
definition of MVAC-like appliances set forth in 40 CFR 82.152). MVAC-
like appliances have traditionally been governed under section 608 of 
the Act rather than under section 609. However, the section 608 
regulations contained in subpart F that apply to MVAC-like appliances 
generally refer back to the section 609 standards contained in subpart 
B. For example, Sec. 82.156(a)(5) states that persons opening MVAC-like 
appliances for maintenance, service or repair may do so only when 
properly using equipment pursuant to Sec. 82.32(e), and Sec. 82.158 (a) 
and (f) state that manufacturers of recycling equipment used to service 
or repair MVAC-like appliances must have the equipment certified 
pursuant to Sec. 82.36(a).
    Because MVAC-like appliances have been ostensibly governed under 
section 608, EPA stated in the proposal to this rule that service 
practice regulations governing MVAC-like appliances, similar to those 
in today's rule that govern MVACs, would be proposed and finalized in a 
separate rulemaking that amends section 608. Since the publication of 
the proposal to today's rule, however, EPA has determined that those 
service practice regulations that apply to MVAC-like appliances should 
be contained in today's final rule, rather than in the section 608 
rule. The Agency is making this change for a number of reasons.
    Practically speaking, EPA's changes to the regulations will have 
the same actual effect on the servicing of MVAC-like appliances, no 
matter whether the changes are made under the section 609 regulations 
or the section 608 regulations. At the time of the publication of the 
proposal to today's rule, EPA believed that the proposal and final rule 
in this separate section 608 rulemaking would be published at about the 
same time as this section 609 rule. The changes to the section 608 
regulations that include the new service practice regulations governing 
MVAC-like appliances would therefore take effect on or about the 
effective date of the changes to the section 609 regulations that 
include new service practice regulations governing MVACs. The intended 
schedule for the section 608 rulemaking has been delayed, however, so 
that today's final rule under section 609 will most likely be published 
before the proposal for the section 608 rule is published. EPA's 
publication of the service practice regulations that govern MVAC-like 
appliances under subpart F would create a disparity when identical 
changes in the service practice regulations would affect MVACs and 
MVAC-like appliances; regulations that affect MVACs on the effective 
date of today's rule would most likely not affect MVAC-like appliances 
for a year or more.
    EPA believes that such a delay would create confusion within the 
motor vehicle service industry, a large segment of which services both 
MVACs and MVAC-like appliances. Some automotive recyclers may also 
receive both MVACs and MVAC-like appliances on their lots and may 
therefore be recovering refrigerant from both MVACs and MVAC-like 
appliances before they are dismantled, crushed or otherwise disposed 
of. Having different rules in place for MVACs and MVAC-like appliances 
complicates efforts by these persons to comply with EPA regulations.
    In addition, EPA believes that a delay in implementing these rules, 
as they apply to MVAC-like appliances, will be viewed with concern by 
servicers of MVAC-like appliances found in non-road motor vehicles, 
such as those appliances in farm and heavy-duty equipment. The farm 
equipment and heavy-duty equipment industries have long expressed to 
EPA their frustration at understanding how MVAC-like appliances are 
governed under Title VI of the Act. EPA believes that publishing the 
service practice regulations under subpart F, thereby incurring a delay 
of a year or more in their implementation, would not serve the interest 
of these industries, and that the service practice regulations 
promulgated today should clarify to these affected sectors how MVAC-
like appliances are regulated under Title VI.
    Finally, EPA believes that it makes more sense to state in the 
subpart B regulations than in the subpart F regulations how these 
service practice regulations apply to MVAC-like appliances, because in 
most practical respects, EPA regulations treat MVAC-like appliances 
more like MVACs than like refrigerators, freezers, chillers and other 
stationary/commercial appliances. EPA established the links between the 
provisions governing MVACs and those governing MVAC-like appliances 
because EPA believed that the

[[Page 68030]]

similarities in design and servicing patterns between MVACs and MVAC-
like appliances argue for parallel requirements for both sets of 
appliances. The argument for parallel coverage of MVACs and MVAC-like 
appliances was discussed at length in the May 14, 1993 section 608 rule 
at 58 FR 28686. EPA continues to believe this, and specifically 
believes that the rationale for clarifying and changing the 
requirements under the section 609 regulations as they apply to MVACs 
also holds for MVAC-like appliances.
    Interested parties should note that the section 608 regulations 
currently define ``appliances,'' including ``MVAC-like appliances,'' to 
include only devices that contain and use class I or class II 
substances, so that as of today, MVAC-like appliances by definition do 
not include any air-conditioning systems in off-road equipment if those 
systems use HFC-134a or other non-ozone-depleting substances. Off-road 
vehicles that contain MVAC-like appliances that use non-ozone-depleting 
refrigerants are today subject only to the section 608 venting 
prohibition; other Title VI regulations will only apply to these 
vehicles when the definition of ``appliance'' is expanded to include 
devices that use non-ozone-depleting substances as refrigerants. EPA is 
currently undertaking a rulemaking to expand the scope of the 608 
regulation to include substitutes for class I and class II substances, 
but this rulemaking has not yet been proposed. This rulemaking would 
amend the definition of ``appliance,'' so that the term includes non-
ozone-depleting refrigerants. If and when that expanded definition 
becomes effective, MVAC-like appliances that contain non-ozone-
depleting refrigerants would be subject to the service practice 
regulations promulgated today.
1. Handling Refrigerant Recovered From Vehicles Bound for Disposal and 
Located at Motor Vehicle Disposal Facilities
    Since the publication of the July 14, 1992 section 609 final rule, 
EPA has received an increasing number of questions concerning the 
handling of refrigerants from MVACs and MVAC-like appliances bound for 
disposal and located at motor vehicle disposal facilities. Many owners 
of motor vehicle disposal facilities have assumed that recovered 
refrigerant must be sent off-site for reclamation, while others have 
assumed that they may sell the refrigerant to any interested purchaser. 
In response to the increasing cost of CFC-12, some automotive service 
technicians have begun to recover refrigerant from motor vehicle 
disposal facilities for use in their own service facilities. In 
addition, owners and operators of motor vehicle disposal facilities 
have been recovering refrigerant from automobiles and selling it to 
automotive service technicians. The rule promulgated today clarifies 
that the Agency permits the return of refrigerant to the MVAC service 
sector without prior reclamation, as long as certain requirements are 
met during their performance.
    Sections 608 and 609 of the Clean Air Act and the regulations 
adopted by EPA prior to today at 40 CFR part 82, Subparts B and F 
(i.e., the section 609 and 608 regulations) have addressed to some 
degree activities involving recovery and sale of refrigerant from MVACs 
and MVAC-like appliances at motor vehicle disposal facilities. 
Regulations promulgated under Section 608 of the Clean Air Act, which 
has as one of its goals ensuring the purity of refrigerant that flows 
back into the stationary/commercial sector, require the recovery of all 
refrigerant located in appliances destined for disposal. Section 608 
regulations also require that unless refrigerant is recovered from an 
MVAC and reused in the MVAC service sector, it must be reclaimed. 
However, if refrigerant has been recovered from an MVAC destined for 
disposal, and if the refrigerant is then reused in the MVAC service 
sector, the regulations promulgated under section 608 are silent with 
respect to how that refrigerant must be handled prior to such reuse.
    Section 82.154(f) of the regulations requires that persons who take 
the final step in the disposal process must recover any remaining 
refrigerant in accordance with applicable requirements and requires 
that persons who recover refrigerant from MVACs and MVAC-like 
appliances for purposes of disposal must certify to the Administrator 
that they have acquired equipment that meets such standards. Section 
82.156(g) requires that all persons recovering refrigerant from MVACs 
and MVAC-like appliances for purposes of disposal must reduce the 
pressure of the system to or below 102 mm (four inches) of mercury 
vacuum, using equipment that meets the requirements of Sec. 82.158(l). 
In addition, Sec. 82.154 (g) and (h) require that persons cannot sell 
used class I or class II refrigerant unless it has first been reclaimed 
by a certified reclaimer, or unless the refrigerant was used only in an 
MVAC or MVAC-like appliance and will be used only in an MVAC or MVAC-
like appliance.\1\ Section 82.154(m) prohibits persons from selling or 
distributing any class I or class II substance for use as a refrigerant 
unless the purchaser is a technician certified under section 608 or 
609. (Although there are exceptions to this sales restriction, the 
exceptions do not apply to sales of refrigerant from motor vehicle 
disposal facilities.) These provisions were adopted pursuant to section 
608 of the Act. Any servicing of an MVAC or MVAC-like appliance with 
refrigerant recovered from a motor vehicle disposal facility would also 
be subject to the various equipment standards and use restrictions set 
forth in 40 CFR part 82, subparts B and F.
---------------------------------------------------------------------------

    \1\ Sections 82.154 (g) and (h) also permit a third option for 
used class I and class II refrigerants: They may be sold in an 
appliance without prior reclamation. Interested parties should note 
that although Sec. 82.154 (g) and (h) were formerly effective only 
until December 31, 1996, a final rule published in the Federal 
Register on December 27, 1996 at 61 FR 68506 extends these 
provisions indefinitely.
---------------------------------------------------------------------------

    Neither the subpart F regulations nor the subpart B regulations, 
however, explicitly and specifically address, in a single, central 
location, who may recover refrigerant from motor vehicles bound for 
disposal, who may purchase such refrigerant, and under what conditions 
such refrigerant may be re-used. Today's rule is intended to supplement 
the existing piecemeal requirements so that automotive recyclers and 
dismantlers, and automotive service technicians, will be able to follow 
a clear and complete set of EPA regulations concerning the recovery and 
re-use of refrigerants from MVACs and MVAC-like appliances located at 
motor vehicle disposal facilities. At the same time, the provisions 
contained in today's rule should minimize the discharge of ozone-
depleting refrigerants into the atmosphere and provide for the proper 
recycling or reclamation of the refrigerants prior to their use in 
servicing MVACs or MVAC-like appliances. EPA intends to propose similar 
regulations under section 608 of the Act to provide an incentive for 
the recovery and re-use of non-ozone-depleting refrigerants from MVAC-
like appliances located at motor vehicle disposal facilities, so that 
these refrigerants are properly recycled or reclaimed prior to their 
use in servicing MVACs or MVAC-like appliances.
    The Agency believes that recovery and recycling of refrigerant from 
MVACs bound for disposal and located at disposal facilities will be 
more economically attractive to the automotive service technician and 
the motor vehicle disposal facility operator

[[Page 68031]]

if the sale or re-use of unreclaimed refrigerant is explicitly 
permitted. The service technician may be able to purchase refrigerant 
for a lower price from a motor vehicle disposal facility than from 
other suppliers of reclaimed refrigerant. Because of this economic 
incentive, technicians will seek salvaged MVACs. In addition, motor 
vehicle disposal facility owners and operators may profit by selling 
refrigerant directly to technicians, or by charging technicians fees 
for the opportunity to recover refrigerant at the facility, creating 
other economic incentives in the refrigerant recycling chain. The 
Agency believes that encouraging these activities will increase the 
value of refrigerant to the person recovering it, thereby reducing the 
amount of refrigerant that either leaks out of MVACs while they await 
disposal or is purposely vented during the process of disposal.
    Today's rule adds a definition of ``motor vehicle disposal 
facility'' at Sec. 82.32(i) and adds a new Sec. 82.34(d). The effect of 
these changes is that if refrigerant from MVACs bound for dis-posal and 
located at disposal facilities is destined for re-use in the MVAC 
service sector without prior reclamation, it must be recovered by a 
certified technician or by a motor vehicle disposal facility owner, 
operator, or employee. Such persons will be able to transfer the 
refrigerant off-site for recycling and charging into an MVAC or MVAC-
like appliance, in accordance with the conditions described in this 
rule. Section (a) discusses the definition of motor vehicle disposal 
facility, section (b) discusses who may recover refrigerant from such a 
facility, and section (c) discusses what kind of equipment must be used 
to recover refrigerant at such a facility. Section (d) discusses who 
may purchase refrigerant recovered from a motor vehicle disposal 
facility, section (e) discusses subsequent use of refrigerant after it 
has left the facility, and section (f) discusses recordkeeping and 
reporting requirements.
    After publishing the proposal to today's rule, and reviewing the 
comments on that proposal, the Agency considered at length where the 
proposed regulations most sensibly belong: Under subpart F (the 
regulations previously promulgated under section 608 of the Act), which 
governs the safe disposal of refrigerants and includes regulations that 
mandate what type of equipment must be used to recover refrigerant at 
motor vehicle disposal facilities, or under subpart B (the regulations 
previously promulgated under section 609 of the Act), which governs the 
servicing of motor vehicle air conditioning and includes regulations 
that mandate what type of equipment must be used to recycle refrigerant 
prior to re-use in a motor vehicle.
    EPA believes that if the refrigerant recovered at a motor vehicle 
disposal facility is destined for re-use in the MVAC service sector 
without prior reclamation, then the regulations governing the recovery 
and re-use of that refrigerant should be located in subpart B. With the 
regulations adopted today, the regulations in subpart B are based in 
large part on section 609, but contain a few provisions based on 
section 608. If, on the other hand, the refrigerant recovered at a 
motor vehicle disposal facility is sold or otherwise transferred to a 
reclaimer and subsequently re-used in any refrigeration and air-
conditioning sector, then the regulations governing the recovery and 
re-use of that refrigerant are found in subpart F. This regulatory 
framework will effectively preclude storing refrigerant bound for re-
use in the MVAC service sector without prior reclamation together in 
the same container with refrigerant destined for a reclaimer prior to 
re-use.
    With some exceptions described below (notably recordkeeping 
requirements), the recovery of refrigerant destined for re-use in the 
MVAC service sector without prior reclamation is governed by the 
regulations described in today's rule. All of the regulations that 
govern the recovery of class I and class II refrigerants bound directly 
for a reclaimer are already in place, in the current subpart F 
regulations, and the subpart F regulations will in the future 
incorporate rules that govern the recovery of non-ozone-depleting 
refrigerants bound for reclamation. Within each section below, the 
discussion will be framed around whether the refrigerant is bound for 
direct re-use in the MVAC service sector, or whether it is bound for 
reclamation. Each section below will explain which regulatory text 
under subpart F and/or subpart B applies in each situation.
    a. Definition of motor vehicle disposal facility: The proposed rule 
added a new term, ``motor vehicle disposal facility,'' defined in 
Sec. 82.32(i). The proposed definition stated that motor vehicle 
disposal facility means ``any commercial facility that engages in motor 
vehicle disposal, dismantling or recycling, including but not limited 
to scrap yards, landfills, and salvage yards engaged in such 
operations. Motor vehicle repair facilities, including collision repair 
facilities, are not considered motor vehicle disposal facilities.'' Few 
commenters suggested changes to the definition. One commenter requested 
that EPA include in the definition mobile car crushers, vehicle 
dismantlers, certified scrap processors, and itinerant vehicle 
collectors, which are businesses separately categorized and registered 
in New York State. EPA believes that the existing definition is 
sufficiently broad to encompass these kinds of businesses, and that the 
types of businesses explicitly listed in the definition need not be 
exhaustive. A second commenter suggested replacing the term ``salvage 
yards'' with ``automotive recycling facilities,'' since the commenter 
believed that ``salvage yard'' does not properly identify the 
automotive recycling industry. EPA in response has added the term 
``automotive recycling facilities,'' but has not deleted the term 
``salvage yards,'' since facilities that characterize themselves as 
salvage yards but not necessarily as automotive recycling facilities 
may engage in refrigerant recovery.
    EPA has also changed the definition to make more clear that 
facilities that dismantle or dispose of both MVACs and MVAC-like 
appliances are covered under the definition. It should be noted, 
however, that the regulations set forth in today's rule concerning 
handling refrigerant recovered from vehicles bound for disposal do not 
apply to recovery of refrigerant from an MVAC or MVAC-like appliance 
that is performed outside of a motor vehicle disposal facility. So, for 
example, if a piece of heavy-duty equipment such as mining equipment 
that is at the end of its useful life is dismantled at the mine site, 
then the mine site is not considered a motor vehicle disposal facility.
    b. Persons who may recover refrigerant from MVACs at motor vehicle 
disposal facilities: Neither the subpart F regulations nor the current 
subpart B regulations restrict who may recover refrigerant from an MVAC 
or MVAC-like appliance before it is disposed of or dismantled. This 
continues to be the case for refrigerant recovered from an MVAC or 
MVAC-like appliance if the refrigerant is then sold or otherwise 
transferred to a reclaimer.
    If, on the other hand, the refrigerant is bound for re-use in the 
MVAC (or MVAC-like appliance) service sector without being reclaimed 
first, then today's rule applies. Specifically, the rule adds a new 
requirement, set forth in Sec. 82.34(d), that if any refrigerant 
recovered from an MVAC or MVAC-like appliance at a motor vehicle 
disposal facility is to be returned to the MVAC

[[Page 68032]]

service sector for re-use without prior reclamation, then the person 
recovering it must be either an owner, operator or employee of the 
facility (or a contractor to the facility), or a section 609 certified 
technician.
    With respect to class I and class II substances bound for direct 
re-use in the MVAC or MVAC-like appliance service sector, sections 608 
(a) and (b) authorize the restriction on who may recover refrigerant. 
Under section 608, the Administrator may prescribe standards and 
equipment regarding the use and disposal of MVACs and MVAC-like 
appliances containing class I or II substances, in order to reduce the 
use and emissions of these substances to the lowest achievable level, 
and to maximize the recapture and recycling of these substances. The 
Administrator also may establish standards and requirements regarding 
the safe disposal of these substances.
    Although sections 608 (a) and (b) authorize the restriction on who 
may recover refrigerant from a motor vehicle disposal facility with 
respect to class I or II substances, these sections do not directly 
require regulation of the use of non-ozone-depleting substitute 
refrigerants. Section 608(c)(2), however, does prohibit intentional 
venting or release of such substitutes during the maintenance, repair, 
service or disposal of an appliance where the refrigerant may enter the 
environment, unless the Administrator has determined that such venting, 
release, or disposal does not pose a threat to the environment. This 
venting prohibition is self-effectuating, and went into effect on 
November 15, 1995 with respect to substitutes for class I or class II 
substances. De minimis releases associated with any good faith efforts 
to recapture and recycle or safely dispose of the refrigerant are not 
subject to this prohibition as long as those efforts are performed by 
persons who are authorized under the regulations to recover 
refrigerant. Releases associated with recovery that does not comply 
with the regulations, such as releases by persons who are not 
authorized under the regulations to perform refrigerant recovery, are 
not considered de minimis or accidental but rather intentional and 
knowing.
    In today's rulemaking, EPA is defining the kind of recovery and 
recycling practices that must be followed in order to avoid violating 
the section 608 prohibition on knowingly venting substitutes for class 
I or class II refrigerants. The requirement that only a section 609 
certified technician or an owner, operator, or employee of a motor 
vehicle disposal facility may extract the substitute refrigerant from 
an MVAC or an MVAC-like appliance at a motor vehicle disposal facility, 
if the refrigerant is not reclaimed prior to re-use, is a reasonable 
exercise of this authority. By permitting only these persons to recover 
non-ozone-depleting refrigerants, EPA is reducing the possibility that 
these refrigerants will be knowingly vented. Persons who have not been 
trained in the proper methods of recovering refrigerant from an MVAC or 
MVAC-like appliance system are more likely to vent refrigerant in the 
process of extracting it, and are less likely to know how to protect 
the purity of the refrigerant. Allowing these persons to recover class 
I and class II refrigerants at motor vehicle disposal facilities would 
not be consistent with the Agency's mandate to establish requirements 
that maximize the recapture and recycling of class I and class II 
refrigerants. Allowing them to recover substitute refrigerants would 
not be consistent with the section 608(c) venting prohibition.
    The Act currently permits owners, operators and employees of motor 
vehicle disposal facilities to recover refrigerants from MVACs and 
MVAC-like appliances, even though they may not be certified and 
therefore trained in the proper handling of the refrigerants. The 
Agency intends to continue to permit this activity. In reaching this 
decision, the Agency considered reasons to require these individuals to 
become certified at this time. EPA believes that requiring owners, 
operators and employees of motor vehicle disposal facilities to become 
certified would result in a certain percentage of these persons better 
understanding the proper means of recovering refrigerant, and that 
consequently, accidental venting of refrigerant by these persons during 
the recovery process might decrease. In addition, if EPA required 
owners, operators and employees of motor vehicle disposal facilities 
who wish to sell refrigerant directly back into the MVAC service sector 
without prior reclamation to become certified, individuals who do not 
wish to become certified would still be able to recover refrigerant as 
long as it was then sold to a reclaimer.
    EPA balanced these arguments against reasons not to require motor 
vehicle disposal facility owners, operators or employees to become 
certified at this time. In the past, the Agency has not required these 
persons to be certified. As stated in the preamble to the May 14, 1993 
final rule implementing section 608, ``[b]y not requiring technician 
certification, the Agency did not intend to imply that anyone could 
perform these activities without training. Instead, the proposal 
reflected the fact that recovery of refrigerant is a simpler task than 
the combination of recovering refrigerant and returning refrigerant (at 
the appropriate purity level) to equipment. The disposal sector is 
distinct from the servicing sectors of both section 608 and section 609 
in that refrigerant is not returned to equipment. . . . Purchasing 
refrigerant is also not necessary in the disposal sector, but 
technician certification is linked to the ability to continue to 
purchase new refrigerant needed for servicing equipment'' (58 FR 
28705).
    In addition, EPA does not believe that requiring certification of 
these individuals at this time will result in a reduction in accidental 
or intentional venting of refrigerant, or in a reduction in refrigerant 
contamination rates, significant enough to warrant this new 
restriction. Motor vehicle disposal facility owners, operators and 
employees have been required for several years either to verify that 
refrigerant has been previously recovered from a vehicle entering the 
facility, or to recover any refrigerant that remains in the vehicle. 
Many of these individuals have acquired substantial experience 
recovering refrigerant from vehicles, and some percentage of them have 
long been using their recovery equipment properly. For these 
individuals, becoming certified may not affect their refrigerant 
handling procedure.
    Motor vehicle disposal facility owners, operators and employees 
also have an economic motivation in the absence of a certification 
requirement to recover CFC-12 refrigerant properly. No matter whether 
they sell recovered CFC-12 to an MVAC service facility or to a 
reclaimer, CFC-12 has become increasingly more valuable, and purchasers 
should be paying increasingly higher prices for uncontaminated CFC-12. 
EPA believes that this motivation should drive motor vehicle disposal 
facility owners, operators and employees to use care when recovering 
refrigerant.
    In addition, some owners, operators and employees of motor vehicle 
disposal facilities have already invested in equipment that they use to 
recover refrigerant, and may currently have in place contracts to sell 
the refrigerant extracted from MVACs and/or MVAC-like appliances at the 
facilities. If the Agency had decided instead to begin to prohibit 
owners, operators and employees of motor vehicle disposal facilities 
from recovering refrigerant (so that only certified technicians could 
recover refrigerant), these persons might be unable to use any 
equipment they

[[Page 68033]]

had already purchased, and might therefore be violating contracts 
previously entered into.
    One commenter stated that requiring owners, operators and employees 
of motor vehicle disposal facilities to become certified under section 
609 would reduce the likelihood of frost forming in equipment in 
outdoor cold weather recovery operations, freezing the equipment 
refrigerant lines and inhibiting the recovery of all refrigerant 
remaining in a vehicle. EPA disagrees. Training specified under section 
609 does not require instruction in how to recover refrigerant in cold 
weather conditions, and requiring motor vehicle disposal facility 
owners, operators and employees to become certified is no guarantee 
that better refrigerant recovery in these conditions will ensue.
    Many commenters felt that EPA should require owners, operators and 
employees of motor vehicle disposal facilities to become certified 
under section 609 to handle refrigerant in order to ``level the playing 
field'' between the regulatory requirements applicable to them and 
those applicable to automotive service technicians. As noted before, 
EPA has never required owners, operators and employees of motor vehicle 
disposal facilities to be certified. They are not in a position to re-
use recovered refrigerant, as are technicians. EPA believes that 
requiring owners, operators and employees of motor vehicle disposal 
facilities to become certified would be appropriate where needed, to 
avoid contamination of the nation's refrigerant supply by refrigerant 
recovered from motor vehicle disposal facilities. In order to assure 
that motor vehicle disposal facility owners and operators maximize the 
recapture of class I and class II refrigerants as required by section 
608(a) of the Act, and refrain from venting substitute refrigerants as 
required by section 608(c) of the Act, the Agency has traditionally 
relied on a combination of providing the motor vehicle disposal 
industry with informational guidance and requiring the industry to meet 
regulatory mandates. Rather than requiring at this time that owners and 
operators of motor vehicle disposal facilities become certified 
technicians, the Agency proposes to continue to rely on guidance 
alerting the industry of the environmental consequences of releasing 
refrigerant, refrigerant salvage techniques, the importance of not 
mixing different refrigerants, and the business opportunities related 
to selling refrigerants to certified reclaimers or section 609 
technicians. This, in combination with the other factors de-scribed 
above, is a reasonable approach to controlling such contamination.
    It is inevitable that as the proliferation of replacement 
refrigerants for CFC-12 continues to expand in the marketplace, the 
refrigerant in some vehicles will be contaminated. Indeed, 
contamination has always been endemic to MVACs; even when all motor 
vehicle a/c systems ran on CFC-12, contamination of that refrigerant by 
air, hydrocarbons, or HCFC-22 occurred. Within the next few years, as 
the number of refrigerants on the market grows, contamination rates may 
stay the same, or, as is more likely the case, they may increase. In 
the future, should increasing contamination rates in MVACs or MVAC-like 
appliances be traced to refrigerant that has been recovered from motor 
vehicle disposal facilities and re-used in vehicles without prior 
reclamation, then EPA will reconsider its reliance on providing 
informational guidance to motor vehicle disposal facilities, and will 
consider requiring the industry to meet certification and/or other 
regulatory requirements. One of the regulatory solutions EPA would 
consider in that event is to require owners, operators and employees of 
motor vehicle disposal facilities who wish to continue recovering 
refrigerant for sale to the MVAC service sector to become certified 
under section 609 of the Act. The Agency would also consider requiring 
motor vehicle disposal facilities to send all recovered refrigerant to 
reclaimers, thereby disallowing any sales directly back into the MVAC/
MVAC-like appliance service sector.
    One commenter suggested that as drafted, the proposed new language 
of section 82.34(d) might not permit persons who contract with state- 
or county-owned landfills to recover refrigerant from MVACs at those 
facilities and subsequently sell them to section 609 technicians. 
Excluding contractors from this activity was not the intention of the 
proposal and the Agency has consequently modified the regulatory text 
to include contractors. EPA considers contractors who generally manage 
the operations of a government-owned landfill to be operators of that 
facility; persons who enter the landfill solely to recover refrigerant 
are not considered operators or other agents of the facility owner and 
must therefore be certified under section 609 of the Act if they then 
choose to return the refrigerant to the MVAC/MVAC-like appliance 
service sector without prior reclamation.
    The proposed rule would have permitted technicians certified under 
section 608 of the Act to recover refrigerant at a motor vehicle 
disposal facility and resell it into the MVAC/MVAC-like appliance 
service sector for re-use without prior reclamation. This final rule 
prohibits this activity by section 608 technicians, so that only 
section 609 technicians, and owners, operators, and employees of these 
facilities may recover refrigerant from MVACs or from MVAC-like 
appliances at disposal facilities, if that refrigerant is re-used 
without being reclaimed. Generally, technicians certified only under 
section 608 are prohibited from servicing MVAC systems because MVAC 
systems are designed differently than stationary and commercial a/c 
systems. As stated earlier, persons who have not been trained in the 
proper methods of recovering refrigerant from an MVAC system, even if 
they are section 608 technicians, are more likely to vent refrigerant 
in the process of extracting it, and are less likely to know how to 
protect the purity of the refrigerant. Allowing these persons to 
recover class I and class II refrigerants at motor vehicle disposal 
facilities would therefore not be consistent with the Agency's mandate 
to establish requirements that maximize the recapture and recycling of 
class I and class II refrigerants, and allowing them to recover 
substitute refrigerants would not be consistent with the section 608(c) 
venting prohibition.
    Although EPA recognizes that persons certified under section 608 as 
Type II technicians may handle MVAC-like appliances, today's rule does 
not permit Type II technicians to recover refrigerant from MVAC-like 
appliances at motor vehicle disposal facilities. Type II technicians 
service many types of high pressure and very high pressure appliances 
used in the stationary/commercial sector. The Agency believes that 
allowing Type II technicians to recover refrigerant from MVAC-like 
appliances will increase the possibility that high- and very high-
pressure appliances in this sector may be recharged with used, 
unreclaimed refrigerant recovered from motor vehicle disposal 
facilities. These appliances, like all appliances in the stationary/
commercial sector, are specifically designed to handle only virgin or 
reclaimed refrigerant. Use of unreclaimed refrigerant from motor 
vehicle disposal facilities that may contain high levels of oil, air 
and moisture may result in system deficiencies or failures.
    c. Equipment that may be used to recover refrigerant from MVACs at 
motor vehicle disposal facilities: Section 82.158(l) of the subpart F 
regulations states that equipment used to evacuate

[[Page 68034]]

refrigerant from an MVAC or MVAC-like appliance prior to its disposal 
must be capable of reducing the system pressure to 102 mm (4 inches) of 
mercury vacuum. If the refrigerant is transferred to a reclaimer after 
recovery, this remains the only restriction on what kind of equipment 
may be used to recover refrigerant from an MVAC or MVAC-like appliance.
    If, on the other hand, the recovered refrigerant is bound for re-
use in the MVAC or MVAC-like appliance service sector without being 
reclaimed first, then the provisions set forth in today's rule apply. 
Specifically, the rule adds a new requirement, set forth in section 
82.34(d), that any refrigerant extracted from an MVAC or an MVAC-like 
appliance located at a motor vehicle disposal facility and that is 
bound for re-use in the MVAC/MVAC-like appliance service sector without 
first undergoing reclamation must be recovered using approved 
refrigerant recycling equipment (i.e., section 609 equipment) dedicated 
for use with MVACs and MVAC-like appliances.
    This requirement departs from the proposed regulatory text, which 
would have permitted persons recovering refrigerant at motor vehicle 
disposal facilities for re-use in the MVAC/MVAC-like appliance service 
sector to continue to use not only equipment approved under section 
609, but also any other equipment capable of reducing system pressure 
to or below 102 mm of mercury vacuum. EPA is promulgating this change 
to the proposed regulation because it will serve to reduce the risk of 
disposal facilities serving as the source of contaminated refrigerant 
supplies, because of the high level of support among the commenters for 
this change in the regulations, and because this new requirement will 
not create economic hardships for motor vehicle disposal facilities.
    The Agency believes that without this more stringent equipment 
standard, persons recovering refrigerant at facilities who dismantle 
both refrigerators, residential air conditioners and other section 608 
appliances, and motor vehicles, may engage in the practice of using the 
same equipment to recover refrigerant from a motor vehicle bound for 
disposal and to recover from section 608 appliances refrigerant that is 
high in acid levels due to compressor burn-out (and perhaps mixing that 
refrigerant with refrigerant recovered from MVACs and MVAC-like 
appliances). Sources such as residential air conditioners and 
refrigerators are much more likely to have ceased operation because of 
compressor burn-out. The refrigerant might then be sold to a section 
609 certified technician for use in an MVAC or MVAC-like appli-ance. 
Any efforts by the technician to identify the refrigerant would not 
show that the refrigerant was contaminated by these acids. Recycling 
equipment available to motor vehicle service establishments removes 
only moisture, oil and noncondensable gas (air) from the refrigerant, 
and is not capable of removing acids.
    EPA believes that allowing motor vehicle disposal facilities to use 
equipment approved under section 608 will not provide adequate 
safeguards against the risk of contaminated refrigerant. Section 608 
equipment is specifically designed for use with refrigerant that later 
gets reclaimed, rather than merely recycled and then re-used. Some 
section 608 equipment is designed to be used to recover multiple 
refrigerants using common circuitry. Residues from recovering one 
refrigerant may contaminate a second recovered refrigerant; but again, 
such contamination is of little consequence because the refrigerant 
mixture is then reclaimed. However, if section 608 equipment were to be 
used to recover refrigerant that is then sold to an automotive facility 
for use in the MVAC/MVAC-like appliance service sector without prior 
reclamation, it is likely that automotive air-conditioning systems 
would become contaminated with refrigerant that, although it has been 
recycled by the facility using approved section 609 equipment, contains 
residues of acids and/or other refrigerants. In EPA's view, this 
possibility poses an unacceptable risk of contamination, both to the 
automotive facility's recycling equipment and to the MVAC systems in 
its customers' vehicles.
    In the proposed rule, EPA requested comment as to whether the 
existing requirement of allowing refrigerant recovery using any 
equipment that can achieve a 102 mm mercury vacuum should be modified. 
EPA specifically requested comment on whether EPA should require that 
persons recovering refrigerant must instead use only equipment that 
meets the definition of ``approved refrigerant recycling equipment'' 
set forth in Sec. 82.32(b) (i.e., equipment approved under section 
609). Many commenters to the rule supported this change. No commenters 
opposed this specific change, although one commenter stated that ``EPA 
should protect the investment [that] companies made in equipment that 
met appropriate standards when purchased, or that cannot be deemed 
``substantially identical'' under current standards.'' The Agency 
believes that this change does not affect that investment, because 
owners of equipment that is not approved under section 609 but can 
achieve a 102 mm mercury vacuum may still use their equipment to 
recover refrigerant, which is then sent to a reclaimer.
    One commenter noted that given that the purpose of section 609 of 
the Act is to prevent refrigerant venting, encourage the proper 
recovery and recycling of refrigerants, and maintain the purity of the 
existing refrigerant supply, the Agency is obligated to establish a 
level playing field between motor vehicle disposal facilities and 
automotive service facilities by requiring that refrigerant handlers in 
disposal facilities meet similar standards to refrigerant handlers in 
service facilities. EPA does not believe that motor vehicle disposal 
facilities handling refrigerant and automotive service facilities 
handling refrigerant should necessarily be subject to the same 
regulatory requirements because the circumstances are not the same. 
However, EPA believes that the requirement to use section 609 equipment 
to recover any refrigerant that has been extracted from an MVAC or an 
MVAC-like appliance located at a motor vehicle disposal facility, and 
is bound for re-use in the MVAC/MVAC-like appliance service sector 
without prior reclamation, properly reflects similar treatment for 
similar circumstances, without creating economic hardships for motor 
vehicle disposal facilities.
    Under this regulatory framework, motor vehicle disposal facilities 
do not necessarily have to purchase section 609 approved refrigerant 
recycling equipment. If they choose to use equipment that does not meet 
the requirements of section 609 (but is still capable of achieving a 
102 mm vacuum, as the section 608 regulations require) to recover 
refrigerant, they may then transport the refrigerant to a reclaimer. 
Alternatively, they may bring a technician certified under section 609, 
who operates approved refrigerant recycling equipment, on-site to 
recover the refrigerant before it gets recycled and re-used in the 
MVAC/MVAC-like appliance service sector.
    Within the next few years, more and more vehicles will enter 
disposal facilities with some HFC-134a left in the system. In addition, 
as the nation's supplies of CFC-12 diminish, increasing numbers of 
owners of older vehicles will replace the CFC-12 in their vehicles with 
HFC-134a or with blend refrigerants that enter the marketplace. If 
disposal facilities wish to sell the refrigerant to an MVAC service 
facility

[[Page 68035]]

without prior reclamation, then refrigerant must be recovered into 
section 609-approved equipment designed for use with that particular 
refrigerant. Facilities daunted at the thought of purchasing multiple 
pieces of equipment may of course contract with a technician certified 
under section 609 to bring his pieces of equipment to the facility, or 
they may recover multiple refrigerants into one piece of equipment 
designed under the section 608 program for such use (taking care to 
recover the refrigerants into separate containers), and send the 
refrigerant to a reclaimer.
    d. Persons who may purchase refrigerant recovered from a motor 
vehicle disposal facility:. Today's rule places certain restrictions on 
who may purchase refrigerant recovered from a motor vehicle disposal 
facility if that refrigerant is bound for re-use in the MVAC/MVAC-like 
appliance service sector without prior reclamation. Specifically, 
section 82.34(d) states that any sale of a class I or class II 
substance extracted from an MVAC or an MVAC-like appliance at a motor 
vehicle disposal facility that is not reclaimed, must be to a 
technician certified under section 609.
    For class I and II substances recovered from MVACs and MVAC-like 
appliances, sections 608 and 609 authorize the sales restriction. While 
section 609 is limited to restricting the sale of class I or II 
substances in small containers for use in MVACs, section 608 authorizes 
a broader sales restriction. The sales restriction provision 
promulgated today for inclusion in 82.34(d) basically repeats the sales 
restrictions previously promulgated at 82.34(b) and 82.154(m). Today's 
rule makes clear that the restriction applies with respect to class I 
or II substances recovered from MVACs or from MVAC-like appliances 
during the disposal process.
    The current sales restriction in section 609(e) does not extend to 
non-ozone-depleting substitute refrigerants at this time. EPA is 
currently developing a proposal addressing the use of substitutes under 
section 608, and is considering extending the sales restriction to such 
substitutes. EPA will address the sale of such substitutes recovered 
from MVACs and MVAC-like appliances during the disposal process in that 
proposed rulemaking.
    Several commenters urged EPA to require that all refrigerant 
recovered at motor vehicle disposal facilities be sent directly to a 
reclaimer. These commenters believe that the current use and future 
proliferation of refrigerants already has and will inevitably result in 
much contamination. EPA recognizes that although motor vehicle air 
conditioning has long been dominated by CFC-12, automotive 
manufacturers now install HFC-134a in new car systems, while some 
refrigerant manufacturers are attempting to establish large markets for 
other CFC-12 substitutes in vehicles. This proliferation of 
refrigerants in the section 609 sector increases the chances of 
contamination in individual systems. Contaminated refrigerant supplies 
may create MVAC system failures as well as failures of refrigerant 
recover/recycle equipment, leading to emissions of refrigerants and to 
increased costs for both service facilities and motor vehicle owners. 
In addition, contaminated refrigerant may be extremely difficult to 
recycle, reclaim, or dispose of, so that it is likely to be vented into 
the atmosphere. As noted above, in the future, should increased 
contamination rates in MVACs or MVAC-like appliances be traced to 
refrigerant recovered from motor vehicle disposal facilities and re-
used in vehicles without prior reclamation, EPA may revise its 
regulations pertaining to motor vehicle disposal facilities and require 
that all refrigerant recovered from such facilities be sent to 
reclaimers. For now, however, instituting such a requirement would 
defeat a major purpose of today's rule: To increase the value of 
refrigerant recovered from motor vehicle disposal facilities, thereby 
reducing the amount of refrigerant that either leaks out of MVACs while 
they await disposal or is purposely vented during the process of 
disposal.
    Commenters cited several other related reasons to require that all 
refrigerant recovered at motor vehicle disposal facilities be sent 
directly to a reclaimer. One commenter suggested that any sales of 
refrigerant should be allowed only when the seller can demonstrate that 
the refrigerant meets new product standards. This requirement would 
limit refrigerant sales to wholesalers and retailers who own stocks of 
virgin refrigerant, and to reclaimers, who have reclaimed the 
refrigerant to ARI 700 standards (i.e., new product standards). Again, 
this requirement would defeat the intent of today's rule to encourage 
new markets for valuable refrigerants.
    Another commenter noted (and EPA agrees) that any refrigerant that 
is not reclaimed must be recycled in accordance with EPA standards, 
which are in turn based on SAE standards. The commenter went on to 
state that the SAE standards govern refrigerant that has been directly 
removed from, and will be directly re-used in, MVACs only, and that 
equipment that meets the SAE standards was not designed for use with 
refrigerants contaminated with each other. EPA agrees with the 
commenter that recovery/recycling equipment was generally designed for 
use with single, specific refrigerants, and that running highly 
contaminated refrigerant through such equipment not only may damage the 
equipment but will certainly not clean the refrigerant of any 
impurities other than oil, air and moisture.
    EPA recognizes that even the use of proper recovery procedures at a 
motor vehicle disposal facility does not guarantee refrigerant purity. 
Certain vehicles will enter the disposal facility with ``mystery'' 
refrigerants in their a/c systems, or with identifiable, but highly 
contaminated, refrigerants. These incidences are most likely to 
increase in the future. As one commenter stated: ``Soon, owners of 
older vehicles with CFC-12 systems requiring major repair will elect to 
retrofit their systems to other refrigerants. When CFC-12 is no longer 
available, the consumer with a CFC-12 system will be forced to retrofit 
to an alternative refrigerant, buy a new car or give up the comfort of 
an air conditioned car. As more alternate refrigerants come to market 
and time passes, the grave-yards for older vehicles will be littered 
with vehicles having a wide variety of refrigerants in their A/C 
systems. Some of these systems will contain contaminated refrigerant.''
    Regulations promulgated under section 612 of the Act require that 
MVACs and MVAC-like appliances using any replacement refrigerants for 
CFC-12 are required by EPA to have unique fittings and a label stating 
the type of refrigerant used in the air-conditioning system. This 
regulatory requirement should serve to deter increases in the rate at 
which systems become contaminated, before they reach motor vehicle 
disposal facilities. At this time, EPA does not possess significant 
data that describe rates of contamination in vehicles, sources of 
contamination, and kinds of contaminants. If the Agency obtains this 
type of data in the future, it may consider taking additional steps to 
minimize contamination.
    Recovering the refrigerant himself is one way a section 609 
certified technician can guarantee that the refrigerant at the disposal 
facility has been properly recovered. He may purchase the refrigerant 
from a motor vehicle disposal facility that he knows uses proper 
refrigerant recovery procedures. Neither of these actions, however, 
protects him against purchasing or using refrigerant that becomes 
contaminated before it arrives at the motor vehicle disposal facility. 
In

[[Page 68036]]

order to guard against that event, he may also enter into a written 
contract with the disposal facility in which the facility agrees to 
sell him only refrigerant that meets certain purity requirements.
    Similarly, neither requiring motor vehicle disposal facilities to 
use equipment approved under section 609 of the Act, nor requiring 
purchasers of refrigerant recovered from those facilities to recycle 
the refrigerant prior to charging it into another vehicle, will 
absolutely protect the vehicle owner from having contaminated 
refrigerant charged into his car. To ensure the purity of the 
refrigerant, the technician may run it through a refrigerant identifier 
prior to purchasing the refrigerant (as was strongly recommended in the 
preamble to the proposed rule). In addition, motor vehicle disposal 
facilities may wish to purchase these identifiers as a way to check the 
purity of the refrigerant sold to automotive service technicians, in 
order to better ensure their customers' satisfaction. However, not all 
portable refrigerant identifier equipment is currently sophisticated 
enough to identify all of the refrigerants in commerce today, including 
blend refrigerants, and all potential contaminants. A requirement to 
purchase any identifier on the market will therefore not ensure the 
ultimate protection of the vehicle owner from having contaminated 
refrigerant charged into his car.
    In the July 14, 1992 final rule, EPA stated in the preamble 
language that ``it is unlikely that persons in the business to service 
motor vehicle air conditioners would knowingly use contaminated 
refrigerant since they have an interest in satisfying customers and not 
injuring the customer's air conditioner'' (57 FR 31248). While the 
Agency is fully aware that some automotive service technicians may 
knowingly charge their customers' vehicles with refrigerant that they 
know to be contaminated, EPA is not convinced, as it was not in 1992, 
that a majority, or even a large number, of service technicians will 
choose to engage in such unscrupulous behavior. Knowingly charging 
vehicles with contaminated refrigerant jeopardizes the performance of 
both a technician's charging equipment and his customer's vehicle's a/c 
system. Should the system fail due to the contamination (knowing or 
unknowing), the customer may return, unhappy, perceiving that the 
technician has failed to fix the initial system problem, or that the 
technician has worsened the initial problem.
    EPA believes that if automotive service technicians have any doubt 
or question about the purity of refrigerant they have purchased from a 
motor vehicle disposal facility, they will test the refrigerant using 
refrigerant identifier equipment prior to recycling it in their 
refrigerant recycling equipment or prior to installing it in a 
customer's vehicle. If a section 609 technician is unsure about the 
purity of the refrigerant he may obtain from a local disposal facility, 
and is fearful about damaging both his recover/recycle equipment and 
his reputation with his customers, he always has another solution: he 
may forego purchasing from the facility, and instead purchase virgin 
refrigerant from his parts supplier, or reclaimed refrigerant from a 
reclaimer. As one commenter, a trade association representing 
automotive service facilities, stated, ``it is precisely the mixing of 
different refrigerants and the possibility of contamination which would 
preclude many of our members from considering disposal facilities as a 
source for recovered refrigerant.''
    e. Subsequent use of recovered refrigerant. Today's rule also 
places certain restrictions on the use and handling of refrigerant 
recovered from a motor vehicle disposal facility if that refrigerant is 
not transferred to a reclaimer after recovery, but instead is bound for 
re-use in the MVAC/MVAC-like appliance service sector without prior 
reclamation. Specifically, section 82.34(d) requires that certified 
technicians process refrigerant recovered from a motor vehicle disposal 
facility through section 609 approved refrigerant recycling equipment 
before it may be used to charge or recharge another MVAC or MVAC-like 
appliance. Section 609 authorizes this restriction with respect to 
MVACs, both for class I and class II substances as well as substitutes. 
Refrigerant recovery at motor vehicle disposal facilities occurs in an 
environment where moisture and air easily get into hoses and cylinders. 
Requiring recycling of the refrigerant prior to charging it into 
another vehicle will ensure than any excess moisture or air in the 
refrigerant is reduced to acceptably low levels. Section 608(a) 
authorizes this restriction with respect to MVAC-like appliances.
    A certified technician purchasing or accepting refrigerant from 
MVACs or MVAC-like appliances bound for disposal and located at a motor 
vehicle disposal facility is responsible to assure that the refrigerant 
is recycled properly prior to being charged into another MVAC or MVAC-
like appliance and assurances from the disposal facility regarding 
recycling do not remove this responsibility.
    Today's rule also provides that if refrigerant recovered from a 
motor vehicle disposal facility is to be recycled in section 609 
approved refrigerant recycling equipment rather than reclaimed prior to 
re-use, the refrigerant may subsequently be charged only into an MVAC 
or an MVAC-like appliance. Several commenters expressed concern that 
once a technician certified under section 609 had purchased refrigerant 
from a motor vehicle disposal facility, he could then sell it to a 
technician certified under section 608 for use in the stationary/
commercial sector, or, if the section 609 technician were also 
certified under section 608, he himself could use the refrigerant in 
the stationary/commercial sector. Sections 82.154 (g) and (h) prohibit 
the re-use of refrigerant recovered from an MVAC or MVAC-like appliance 
without prior reclamation unless it is returned to an MVAC or MVAC-like 
appliance. However, some commenters believe that this prohibition, 
contained as it is in subpart F, the section 608 regulations, will not 
give automotive service technicians sufficient notice that the sale of 
refrigerant by a section 609 technician to a section 608 technician is 
prohibited. EPA is therefore amending the proposed language under 
Sec. 82.34(d) to add a sentence that states that technicians certified 
under section 609 who purchase a class I or class II substance 
recovered at such facilities must subsequently re-use the refrigerant 
in an MVAC or MVAC-like appliance. This new provision, essentially a 
reiteration of the current requirements set forth in Sec. 82.154 (g) 
and (h), implements EPA's mandate under section 608 to prescribe 
standards and equipment regarding the use and disposal of class I or II 
substances, in order to reduce the use and emissions of these 
substances to the lowest achievable level, and to maximize the 
recapture and recycling of these substances. Specifically, section 
608(a) requires EPA to promulgate regulations regarding use and 
disposal of class I and II substances that ``reduce the use and 
emission of such substances to the lowest achievable level'' and 
``maximize the recapture and recycling of such substances.'' Section 
608(a) further provides that ``[s]uch regulations may include 
requirements to use alternative substances (including substances which 
are not class I or class II substances) * * * or to promote the use of 
safe alternatives pursuant to section 612 or any combination of the 
foregoing.'' Improper handling of substitute substances is likely to 
produce contamination (and therefore reduction

[[Page 68037]]

in recycling) and release of class I and class II substances.
    f. Recordkeeping and reporting: Today's rule does not require any 
additional recordkeeping relating to refrigerant recovered from MVACs 
or MVAC-like appliances prior to disposal. Requiring disposal 
facilities to track refrigerant, and to demonstrate how the refrigerant 
in each MVAC or MVAC-like appliance was handled prior to the disposal 
of the vehicle, would inhibit the activity EPA is encouraging in 
today's rule. Further, a recordkeeping requirement would add an undue 
administrative burden to industry because of the large number of 
vehicles disposed of annually, and would provide little measurable 
benefit to the environment.
    Persons who recover refrigerant at motor vehicle disposal 
facilities for re-use in the MVAC/MVAC-like appliance service sector 
without prior reclamation are not exempted from any applicable 
recordkeeping and reporting requirements set forth under the section 
608 regulations. Section 82.166(a) requires all persons who sell or 
distribute any class I or class II substance for use as a refrigerant 
to retain invoices that indicate the name of the purchaser, the date of 
sale, and the quantity of refrigerant purchased. Section 82.166(i) 
requires all persons disposing of MVACs and MVAC-like appliances to 
maintain copies of signed statements obtained under Sec. 82.156(f)(2), 
which in turn requires persons who take the final step in the disposal 
process of MVACs or MVAC-like appliances, if they have not recovered 
any remaining refrigerant themselves, to verify that the refrigerant 
has been evacuated previously. This verification must include a signed 
statement from the person from whom the MVAC or MVAC-like appliance is 
obtained that all refrigerant that had not leaked previously has been 
recovered in accordance with EPA regulations. The statement must 
include either the name of the person who recovered the refrigerant and 
the date that the refrigerant was recovered, or a copy of an ongoing 
contract that requires that the refrigerant deliverer ensure that the 
refrigerant is removed prior to delivery.
    Comments on the recordkeeping/reporting requirements generally 
urged enforcement of the existing requirements, or suggested that EPA 
require the type of recordkeeping already required under Sec. 82.166(a) 
(evidently some commenters were not aware of this requirement).
2. Mobile Recovery and Recycling
    Today's rulemaking explicitly permits the mobile servicing of MVACs 
and MVAC-like appliances. Allowing mobile service performed by 
certified technicians using approved equipment encourages proper use of 
the equipment and discourages venting of refrigerant. This policy also 
increases the flexibility of industry to choose the mode of compliance 
by allowing businesses that do not specialize in MVAC/MVAC-like 
appliance service to contract their MVAC/MVAC-like appliance services 
that involve refrigerant to a section 609 certified technician. The 
definition of ``properly using'' set forth in 40 CFR 82.32(e) is 
consequently amended to explicitly permit this activity. An MVAC 
service facility engaging or contracting with a technician providing 
the mobile service (or with the facility employing him) is responsible 
to ensure that the technician actually performing the service is 
properly certified. This provision applies to servicing both CFC-12 
systems and systems that use any substitutes for CFC-12, in both MVACs 
and MVAC-like appliances.
    Comments to the proposal to explicitly permit mobile recovery and 
recycling were strongly supportive. One typical commenter remarked that 
``we are in favor of this proposed change, as many of our customers * * 
* are unable to transport their equipment to a servicing location due 
to the size and D.O.T. transport weight limitations. Also, very few of 
these companies perform their own air-conditioning service due to 
economic cost involved in this service.'' The commenter concluded that 
this change in the regulations would enhance its relationships with its 
customers, since the commenter could service air-conditioning systems 
at its customers' job sites.
    The Agency requested, but did not receive, comments with respect to 
whether an MVAC service facility, engaging or contracting with a 
technician who offers mobile service (or with the facility employing 
him), should be responsible to ensure that the technician is using 
section 609 approved refrigerant recycling equipment. EPA believes that 
using the proper equipment should be the responsibility of the 
technician offering the mobile service (and the facility employing 
him), rather than of the facility engaging his services.
    The amendatory language does not permit the mobile recovery of 
refrigerant from appliances governed under section 608 of the Act, such 
as home refrigerators and air conditioners. Contaminants such as acid 
that are not found in MVACs or MVAC-like appliances are commonly found 
in these appliances, and any recover/recycle equipment designed for 
automotive use exposed to refrigerant contaminated with acid could be 
severely damaged. Regulations promulgated under section 608 of the Act 
address required practices for recovering refrigerant from stationary 
equipment.
    These changes to the subpart B regulations implementing section 609 
will also affect MVAC-like appliances. Section 82.156(a)(5) requires 
that persons opening MVAC-like appliances for service or repair may do 
so only while properly using, as defined in Sec. 82.32(e), recovery or 
recycling equipment. Since the Agency is today amending section 
82.32(e), those changes will automatically apply to MVAC-like 
appliances.
    One commenter stated that EPA should consider adding a 
recordkeeping requirement to document the relationship between the 
facility that owns the equipment used in the mobile recovery and 
recycling service and the facility receiving the service. The commenter 
suggested that this requirement would help inspectors verify the 
recycling of refrigerant. The Agency is not requiring that such 
recordkeeping be performed, due to the additional burden it would place 
on small entities. However, EPA expects that any facilities that 
receive mobile recovery/recycling service should be able to inform the 
Agency, when requested, who they have engaged or contracted to perform 
the mobile service. If they cannot so inform the Agency, and if they do 
not possess any recovery or recycling equipment, the Agency will 
presume that those facilities have vented refrigerant from any air-
conditioning systems they have serviced.
3. Topping Off
    The subpart B regulations implementing section 609 state that any 
facility performing service involving refrigerant must purchase 
approved refrigerant recycling equipment. ``Service involving 
refrigerant'' is defined as ``any service during which discharge or 
release of refrigerant from the motor vehicle air conditioner to the 
atmosphere can reasonably be expected to occur'' (40 CFR 82.32(h)). The 
preamble to the final 1992 section 609 rule stated that MVAC servicing 
includes ``repairs, leak testing, and ``topping off'' of air-
conditioning systems low on refrigerant, as well as any other repair 
which requires some dismantling of the air conditioner. Each

[[Page 68038]]

of these operations involves a reasonable risk of releasing refrigerant 
to the atmosphere'' (57 FR 31246). Despite the clarity of this 
statement, some affected stakeholders remain unsure whether quick-lubes 
and other facilities which may perform top-offs but no other service 
involving refrigerant are required to purchase recovery/recycling 
equipment approved under section 609. One commenter to the proposal for 
today's rule asked that the regulations governing these facilities be 
made more clear. Consequently, the definitions of ``properly using'' 
and ``service involving refrigerant'' are being expanded today to 
further clarify that ``service involving refrigerant'' includes topping 
off, and that facilities that perform top-offs but no other refrigerant 
servicing or repair are still considered to be engaged in ``service 
involving refrigerant'' and must purchase approved recovery/recycling 
equipment.
    These changes to the section 609 rule will not affect MVAC-like 
appliances. Although Sec. 82.156(a)(5) requires that persons opening 
MVAC-like appliances for service or repair may do so only while 
properly using, as defined in section 82.32(e), recovery or recycling 
equipment, under the subpart F regulations, connecting and 
disconnecting hoses to an appliance to add refrigerant is not 
considered ``opening'' the appliance.
4. Recharging Refrigerant Into the Same Vehicle From Which the 
Refrigerant Was Extracted
    The subpart B regulations implementing section 609 state that any 
facility performing service involving refrigerant must properly use 
approved refrigerant recycling equipment. The current definition of 
``properly using'' states in part that ``[f]or equipment that extracts 
and recycles refrigerant, properly using also means to recycle 
refrigerant before it is returned to a motor vehicle air conditioner'' 
(40 CFR 82.32(e)(1)).2 Despite the clarity of this 
statement, some affected stakeholders remain unsure whether refrigerant 
must be recycled prior to being returned to the same vehicle from which 
it has been extracted. One commenter to the proposal for today's rule 
asked that the regulations governing service practices involving 
refrigerant that is returned to the same vehicle it came from be made 
more clear. Consequently, this sentence in the definition of ``properly 
using'' is being expanded today to further clarify that when any 
automotive refrigerant--whether CFC-12, HFC-134a, or a blend listed as 
acceptable under EPA's SNAP program--is recovered from an MVAC, it must 
be recycled in accordance with EPA standards prior to being returned to 
that MVAC. This change to the section 609 rule will also affect MVAC-
like appliances. Section 82.156(a)(5) requires that persons opening 
MVAC-like appliances for service or repair may do so only while 
properly using, as defined in Sec. 82.32(e), recovery or recycling 
equipment. Since the Agency is today amending Sec. 82.32(e), this 
change will automatically apply to MVAC-like appliances.
---------------------------------------------------------------------------

    \2\ Interested parties should note that the May 2, 1995 Federal 
Register (60 FR 21682) inadvertently omitted this sentence, as well 
as certain other language contained in Sec. 82.32(e). This mistake 
was carried over into the Code of Federal Regulations (CFR) revised 
as of July 1, 1995, as well as into the July 1, 1996 revision of the 
CFR. A correction notice was not issued until January 16, 1997 at 62 
FR 2310. These omissions have created significant confusion among 
affected stakeholders as to the exact text of Sec. 82.32(e), the 
definition of properly using. The July 1, 1997 version of the CFR 
should include the corrections, but will not include the revisions 
promulgated today. With these revisions, the full text of 
Sec. 82.32(e) should appear in the July 1, 1998 version of the CFR 
as follows (new text is marked in italics):
    (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 appendices A, B, C, 
D, E, and F of 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 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 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.
---------------------------------------------------------------------------

B. Equipment Standards.

    Section 609(b)(1) of the Act states that effective November 15, 
1995, the term ``refrigerant,'' as defined in section 609, shall also 
include any substance that substitutes for a class I or class II 
refrigerant used in an MVAC. Section 609(b)(2)(A) specifies that the 
Administrator shall establish standards for approved refrigerant 
recycling equipment. Section 82.36(a) of the regulations specifies that 
equipment that recovers and recycles CFC-12 refrigerant must meet the 
standards set forth in appendix A to the section 609 regulations, and 
that equipment that recovers but does not recycle CFC-12 refrigerant 
must meet the standards set forth in appendix B to the regulations. 
Today's rulemaking provides that equipment that recovers and recycles 
HFC-134a must meet the standards set forth in appendix C, that 
equipment that recovers but does not recycle HFC-134a must meet the 
standards set forth in appendix D, that equipment that recycles both 
CFC-12 and HFC-134a using common circuitry must meet the standards set 
forth in appendix E, and that equipment that recovers but does not 
recycle a single, specific replacement refrigerant other than HFC-134a 
must meet the standards set forth in appendix F.
    These new equipment standards also apply to the servicing of MVAC-
like appliances. Section 82.156(a)(5) requires that persons opening 
MVAC-like appliances for service or repair may do so only while 
properly using, as defined in Sec. 82.32(e), recovery or recycling 
equipment. Since the Agency is today amending Sec. 82.32(e), the 
definition of ``properly using,'' to reference the equipment standards 
set forth in today's rule, the equipment standards will apply to MVAC-
like appliances.
    All of the standards are appropriate for recovery and recycling 
because they achieve environmental protection through efficient 
recovery and recycling

[[Page 68039]]

of refrigerant, and protect automobile equipment through minimum 
refrigerant purity standards and service procedure standards. The 
appendix C standards are based on SAE J2099 (Standard of Purity for 
Recycled HFC-134a), SAE J2211 (Recommended Service Procedure for the 
Containment of HFC-134a), and SAE J2210 (Standard for HFC-134a 
Recycling Equipment); the appendix D standards are based on SAE J2211 
(set forth in appendix C) and SAE J1732 (HFC-134a Extraction Equipment 
for Mobile Air Conditioning Systems); and the appendix E standards are 
based on SAE J2211 (set forth in appendix C), SAE J1989 (set forth in 
appendix A), and SAE J1770 (Standard for Recycling Equipment Intended 
for Use with Both CFC-12 and HFC-134a). The standards adopted today as 
appendices C, D and E represent a consensus of the Interior Climate 
Control Committee of SAE. This committee is made up of automotive 
industry experts, equipment and supply manufacturers, and chemical 
producers. SAE prepared the standards for the recycling of CFC-12 (SAE 
J1989, 1990, and J1991) later adopted by EPA in appendix A, and for the 
recovery of CFC-12 (SAE J1989 and J2209) later adopted by the Agency in 
appendix B, and the Agency believes that the standards set forth for 
the recovery and recycling of HFC-134a in today's rulemaking as 
appendices C, D and E are consistent with the specifications required 
in those standards for CFC-12.
    Appendix F, Standard for Recover-Only Equipment that Extracts a 
Single, Specific Refrigerant other than CFC-12 or HFC-134a, is based on 
SAE J1732 (HFC-134a Extraction Equipment for Mobile Air Conditioning 
Systems, contained in appendix D). Since SAE has not developed formal 
standards for the recovery of most refrigerants listed as acceptable 
under EPA's Significant New Alternative Policy (SNAP) program other 
than HFC-134a and is not likely to do so in the future, the Agency 
developed in cooperation with SAE and other industry representatives a 
standard for recover-only equipment designed to extract these new 
refrigerants. The Agency also believes that the standard adopted today 
as appendix F for the recovery of replacement refrigerants other than 
HFC-134a, is consistent with the specifications required in those 
standards for CFC-12.
    The standards adopted today contain specifications for labeling 
equipment once it is certified; safety requirements; requirements that 
the equipment manufacturer must provide operating instructions; and 
functional descriptions of the equipment, including hose and fitting 
specifications, overfill protection requirements and additional storage 
tank requirements. The standards require that the container for used 
refrigerant be gray with a yellow top and be marked in black print 
``DIRTY REFRIGERANT--DO NOT USE, MUST BE REPROCESSED.'' The standards 
state that the equipment must be able to separate lubricant from 
recovered refrigerant and to indicate accurately the amount removed 
from the air-conditioning system in order to assure that the proper 
amount of lubricant can be returned to the system.
    The Act states that standards developed by the Administrator shall, 
at a minimum, be as stringent as SAE J1989 in effect as of the date of 
November 15, 1990. The standards proposed today are equally as 
stringent as SAE J1989 regarding the procedure for extracting 
refrigerant and separating lubricant from refrigerant. They offer 
further specifications on extraction efficiency (referring to 102 mm of 
mercury versus the more general statement regarding removal ``to a 
vacuum''). Procedures and requirements regarding unintentional releases 
of refrigerant during the extraction process are equivalent to SAE 
J1989.
    Comments to the adoption of the standards set forth in appendices 
C, D, E and F were generally minimal and supported the establishment of 
the standards. One commenter noted that the proposed standard in 
appendix F for equipment designed to recover, but not recycle, 
replacement refrigerants other than HFC-134a does not provide for 
sufficient identification of the refrigerant in the test sample to be 
processed. In order to ensure that the ``dirty cocktail'' of 
contaminated refrigerant provides an accurate test of the equipment's 
ability to recover used refrigerant, the standard set forth in appendix 
F now specifies in 6.2.1 that ``refrigerant shall be identified prior 
to the recovery process to within 2% of the original 
manufacturer's formulation which was submitted to, and accepted by, EPA 
under its Significant New Alternatives Policy program.''
    One other change was made in order to ensure that the ``dirty 
cocktail'' provides an accurate test of the equipment's ability. The 
proposed appendix F provided that the sample should contain a 
combination of mineral oil and POE oil in the ``dirty cocktail.'' 
Because replacement refrigerants other than HFC-134a are likely to be 
contaminated with a combination of mineral, PAG and POE oils, however, 
the ``dirty cocktail'' sample set forth in appendix F has been revised 
so that the oil in the sample shall be 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 100 cSt viscosity at 40 deg. C or 
equivalent. This specification should approximate more realistically 
the type of contaminants in used refrigerant that such equipment is 
likely to handle.
    With respect to the new standard set forth in appendix F for 
recover-only equipment designed to service replacement refrigerants 
other than HFC-134a, one commenter asked whether service facilities 
must purchase a recover-only or recover/recycle unit for every new 
replacement refrigerant on the market. In order to respond to the 
commenter's question, and to provide information to the public that 
addresses several related questions that the Agency has recently 
received about replacement refrigerants other than HFC-134a, it is 
worth repeating here the contents of a letter sent to manufacturers of 
replacement refrigerants by EPA on October 16, 1996. The letter stated 
in part that ``under section 608 of the CAA, it is illegal to vent any 
MVAC refrigerant. Therefore, even in the absence of EPA regulations, 
technicians must, at a minimum, recover refrigerant and not release it 
to the atmosphere. In accordance with the use conditions required under 
the Significant New Alternatives Policy (SNAP) program, the recovery 
equipment must be dedicated to a specific refrigerant by permanently 
applying the fittings unique to that refrigerant. Thus, by applying the 
fittings, it is legal to convert a recovery machine to be used with an 
MVAC refrigerant other than the refrigerant the machine was originally 
intended to recover.
    ``Even though recovering a given refrigerant using permanently 
converted equipment is legal, it may not be technically desirable. 
Recovery machines are designed to be compatible with specific 
refrigerants, and incompatible materials may cause short circuits, 
damage to seals, and compressor failure. Technicians should check with 
the recovery equipment manufacturer for recommendations about the 
recovery of refrigerants other than the refrigerant the equipment was 
originally intended to recover. Conversion of recovery equipment for 
use with other refrigerants may invalidate any warranties offered by 
the equipment manufacturer.''
    The October 16, 1996 letter continues: ``[s]ervice shops may either 
recover HFC-134a or recycle it using special

[[Page 68040]]

recycling equipment in the shop. Currently, however, it is not legal to 
recycle any other alternative MVAC refrigerant. EPA's policy is that 
until a standard for equipment designed to recycle a particular 
refrigerant is published and available (by EPA or an industry 
organization like SAE or UL), then it is illegal to recycle that 
refrigerant. * * * No EPA or established industry recycling standard 
exists today for any alternative refrigerant other than HFC-134a. 
Therefore, using a recycling machine to recycle these alternatives is 
not allowed.
    ``For cars that use HFC-134a, the service technician will usually 
recycle the refrigerant using equipment that meets the SAE standard, 
although recovery followed by off-site reclamation is also an option. 
For cars that use a blend, however, recovery using dedicated equipment 
and reclamation is currently the only option. No standard exists today 
to provide for the recycling of blends. * * * Unless EPA issues 
recycling standards for refrigerants other than CFC-12 and HFC-134a, it 
will remain illegal to recycle them.''
    All of the replacement refrigerants on the market today other than 
HFC-134a are class II blend refrigerants rather than single chemical 
refrigerants. Within the upcoming months, EPA intends to develop 
regulations setting forth, to the extent applicable, standards for the 
following types of recovery and recycling equipment designed to service 
MVAC refrigerants other than CFC-12 and HFC-134a:
    1. Recover-only Equipment
    a. New equipment designed to service multiple blend refrigerants.
    b. Existing equipment retrofitted for permanent servicing of a 
single blend refrigerant.
    c. Existing equipment retrofitted for permanent servicing of 
multiple blend refrigerants.
2. Recover/Recycling Equipment
    a. New equipment designed to service a single blend refrigerant.
    b. New equipment designed to service multiple blend refrigerants.
    c. Existing equipment retrofitted for permanent servicing of a 
single blend refrigerant.
    d. Existing equipment retrofitted for permanent servicing of 
multiple blend refrigerants.
    The standards that EPA intends to propose will provide that 
existing recover-only and recover/recycle equipment, once permanently 
converted for use with another refrigerant, will have to meet the same 
standards that apply to new equipment that recovers, or recovers and 
recycles, that refrigerant. For example, R-12 or R-134a recover-only 
equipment converted for permanent use with a single, specific blend 
replacement refrigerant would have to meet standards set forth in 
appendix F. R-12 recover-only equipment converted for permanent use 
with R-134a would have to meet the standards in appendix D, and R-12 
recover/recycle equipment converted for permanent use with R-134a would 
have to meet the standards in appendix C. Similarly, R-12 recover/
recycle equipment converted for permanent use with a single, specific 
blend refrigerant would have to meet the standard that governs new 
recover/recycling equipment designed to service a single blend 
refrigerant (if such a standard is ever developed; if not, EPA will 
continue to prohibit the conversion of CFC-12 or HFC-134a recycling 
equipment for use with other refrigerants). The standards for converted 
equipment would not only cross-reference the appropriate standard that 
must be met, but are likely also to specify that the conversion must be 
performed by the equipment manufacturer's service representative rather 
than the automotive service technician, that a unit may only be 
converted if retrofit procedures for that model have been certified by 
an independent testing laboratory, and that an appropriate label, 
indicating conformance to the appropriate standards, is affixed to the 
unit.
    EPA is at this time uncertain as to whether equipment converted for 
use to one or more refrigerants other than the original refrigerant for 
which it was intended will be considered substantially identical to 
certified equipment. Section 609 provides that equipment purchased 
after the proposal of regulations shall be certified by an independent 
standards testing organization as meeting the applicable standard set 
forth in the regulations, while equipment purchased prior to the 
proposal of regulations shall be considered certified if it is 
substantially identical to equipment certified under the section 609 
regulations. The standards that EPA intends to propose within the next 
year may specify that if equipment converted for use to one or more 
refrigerants other than the original refrigerant for which it was 
intended is converted prior to the date of the proposed rule, the 
Agency would consider the converted equipment to be substantially 
identical to new certified equipment, where the individual unit has 
been converted substantially according to the provisions set forth in 
the conversion standard, and if the equipment is converted after the 
date of the proposal, the equipment would have to be converted 
according to the specific provisions set forth in the conversion 
standard in order to be considered approved.
    The Agency intends to work with industry groups, including 
refrigerant manufacturers and recovery/recycling equipment 
manufacturers, and with independent standards testing organizations, to 
develop proposed standards for the equipment listed above. These 
proposed standards will be published in the Federal Register and 
subject to public review and comment prior to promulgation of a final 
rule.
1. Standards for HFC-134a Recover/Recycle Equipment
    Today's rule adopts a standard, set forth in appendix C, for HFC-
134a recycling equipment for mobile air-conditioning. This standard 
establishes specific minimum equipment requirements for the recycling 
of HFC-134a that has been directly removed from, and is intended for 
reuse in, mobile air-conditioning systems. The standard contains 
specifications for labeling the equipment once it is certified, safety 
requirements, operating instructions and a functional description of 
the equipment, including hose and fitting specification, overfill 
protection requirements and storage tank requirements. The standard 
provides a procedure to test the equipment to verify that it meets the 
specifications of the standard.
    Today's rule adds a standard of purity for recycled HFC-134a that 
establishes the minimum level of purity required for recycled HFC-134a 
removed from, and intended for reuse in, mobile air-conditioning 
systems. The standard, set forth in appendix C to this rule, sets 
purity specifications for levels of moisture, lubricants and 
noncondensable gases. Today's rule also establishes a standard 
recommended service procedure for containment of HFC-134a, set forth in 
appendix C, that provides guidelines for the technicians that service 
MVACs and MVAC-like appliances and operate refrigerant recycling 
equipment designed for HFC-134a. The standard provides specific 
procedures to recover the refrigerant by reducing system pressure to at 
least 102 mm of mercury vacuum. The standard contains requirements for 
stored refrigerant containers and disposal of empty containers.
    The standards set forth in appendix C, which apply to HFC-134a, are 
nearly identical to SAE J2099, J2211 and J2210, standards previously 
adopted by the

[[Page 68041]]

Agency for similar equipment designed to service CFC-12. The 
differences between the SAE J standards and those set forth in appendix 
C are incidental, such as grammatical corrections and spelling, and do 
not affect the requirements of the standards.
2. Standards for HFC-134a Recover-Only Equipment
    Today's rule adds standards for equipment that recovers but does 
not recycle HFC-134a refrigerant. Refrigerant recovered by this type of 
equipment must be properly recycled on-site or reclaimed off-site 
before it can be reused in an MVAC or MVAC-like appliance. The rule 
requires that equipment meets the standards set forth in appendix D. 
The standard requires that the container for used refrigerant be marked 
in black print ``Dirty Refrigerant--Do Not Use Without Recycling.'' The 
standard states that the recovery equipment be able to separate the 
refrigerant from the recovered refrigerant and indicate the amount of 
lubricant removed so that the technician can return the proper amount 
of lubricant to the system. Today's rule also establishes a standard 
recommended service procedure for containment of HFC-134a, set forth in 
appendix C, and referenced in appendix D, that provides guidelines for 
the technicians that service MVACs and operate refrigerant recycling 
equipment designed for HFC-134a. The standard provides specific 
procedures to recover the refrigerant by reducing system pressure to at 
least 102 mm of mercury vacuum. The standard contains requirements for 
stored refrigerant containers and disposal of empty containers.
    The standards set forth in appendix D, which apply to HFC-134a, are 
nearly identical to SAE J1989 and J1732, standards previously adopted 
by the Agency for similar equipment designed to service CFC-12. The 
differences between the SAE J standards and those set forth in appendix 
D are incidental, such as grammatical and spelling corrections, and do 
not affect the requirements of the standard.
3. The Standard for Automotive Refrigerant Recycling Equipment Intended 
for Use With Both CFC-12 and HFC-134a
    Today's rule adopts a standard that establishes specific minimum 
equipment requirements for automotive refrigerant recycling equipment 
intended for use with both CFC-12 and HFC-134a using a common 
refrigerant recycling circuit. The rule requires that equipment meet 
the standards set forth in appendix E. These standards require labeling 
of the equipment after certification, and include requirements to 
prevent cross contamination before operations involving a different 
refrigerant can begin, such as a seat leakage test, the installation of 
electrical interlocks, and visual indications to prevent cross 
contamination. The standards contain requirements to purify the 
refrigerant, safety requirements and functional description of the 
equipment, requirements for labeling of the storage tanks to identify 
CFC-12 and HFC-134a, and hose and connection requirements. Appendix E 
also provides guidelines for testing the equipment to verify that 
particular models meet the requirements of the standards. Appendix E 
cross-references SAE J1989, which is set forth in appendix A, and SAE 
J2211, which is set forth in appendix C.
    The standards set forth in appendix E are nearly identical to SAE 
J1770. The differences between the SAE J standards and those set forth 
in appendix E are incidental, such as grammatical and spelling 
corrections, and do not affect the requirements of the standards.
4. Standard for Recover-only Equipment That Extracts a Single, Specific 
Refrigerant Other Than CFC-12 or HFC-134a
    Today's rule adds a standard for equipment that recovers but does 
not recycle any single, specific refrigerant other than CFC-12 and HFC-
134a, including but not limited to specific marketed blend 
refrigerants. Refrigerant that is recovered by this type of equipment 
must be properly reclaimed before it can be reused in an MVAC or MVAC-
like appliance. The rule requires that this equipment meet the 
standards set forth in appendix F. Appendix F is based on, but not 
identical to, the recover-only standard for HFC-134a set forth in 
appendix D. The standard states that the recovery equipment be able to 
separate the lubricant from the recovered refrigerant and indicate the 
amount of lubricant removed so that the technician can return the 
proper amount of lubricant to the system. The primary substantive 
differences between appendix D and appendix F are located in section 
6.2.1, the description of the ``dirty cocktail'' of standard 
contaminated refrigerant which is run through the equipment in order to 
test its efficacy. First, in order to ensure that the ``dirty 
cocktail'' of contaminated refrigerant provides an accurate test of the 
equipment's ability to recover used refrigerant, the standard set forth 
in appendix F specifies in 6.2.1 that ``refrigerant shall be identified 
prior to the recovery process to within 2% of the original 
manufacturer's formulation which was submitted to, and accepted by, EPA 
under its Significant New Alternatives Policy program.'' That 
requirement is not contained in appendix D. Second, the ``dirty 
cocktail'' for testing HFC-134a equipment contains only PAG oil, while 
the ``dirty cocktail'' for testing other replacement refrigerants 
contains equal parts of PAG, POE and mineral oils. This specification 
should approximate more realistically the type of contaminants in used 
refrigerant that such equipment is likely to handle.

C. Substantially Identical Equipment

    Section 609 of the Act provides that equipment purchased before the 
proposal of standards shall be considered certified if it is 
substantially identical to equipment certified by the EPA or by an 
independent standards testing organization approved by EPA. Section 
82.36(b) of the regulations states that recover/recycle equipment 
designed for use with CFC-12 and purchased before the proposal of the 
standards for refrigerant recycling equipment in appendix A (i.e., 
before September 4, 1991), and recover-only equipment designed for use 
with CFC-12 and purchased before the proposal of the standards for such 
equipment in appendix B (i.e., before April 22, 1992), shall be 
considered certified if it is ``substantially identical'' to equipment 
approved under Sec. 82.36(a).
    Today's rule applies the Act's ``substantially identical'' 
provision to recover/recycle and recover-only equipment that services 
HFC-134a MVACs, recover/recycle equipment intended for use with both 
CFC-12 and HFC-134a MVACs, and equipment that recovers but does not 
recycle single, specific replacement refrigerants other than HFC-134a. 
These types of equipment will be considered approved if they are 
substantially identical to equipment approved under Sec. 82.36(a) and 
if they were purchased prior to March 6, 1996, the date on which 
today's rule was proposed. A manufacturer or owner may request a 
determination from EPA on whether a particular unit or model is 
substantially identical. Equipment used with MVAC-like appliances is 
not covered under the ``substantially identical'' provision in 
Sec. 82.36(b); rather, Secs. 82.156(a)(5) and 82.158 (f) and (g) of the 
subpart F regulations establish grandfathering criteria for equipment 
used with MVAC-like appliances.
    EPA considers equipment to be substantially identical if it 
performs equivalently to the equipment that is

[[Page 68042]]

certified to meet all the approved equipment standards but was 
purchased prior to the date of publication of the appropriate EPA 
proposed standard. In general, EPA proposes to follow the same strict 
approach in implementing the substantially identical provision for the 
equipment subject to the standards promulgated today as for recover/
recycle and recover-only equipment that services CFC-12 MVACs and MVAC-
like appliances. In situations where the models sold were not the same 
as the approved model, EPA will consult with approved independent 
standards testing organizations to evaluate the previously sold 
equipment. EPA will use these organizations' test data and any 
additional information submitted by the manufacturer, such as process 
diagrams and lists of components, in the evaluation. EPA will maintain 
a list of equipment determined to be substantially identical. An 
essential criterion for evaluation is that equipment removes 
refrigerant as efficiently as the applicable EPA standard and separates 
lubricant from refrigerant. The Agency is also interested in ensuring 
safety in operation of the equipment. Should manufacturers consider the 
possibility of retrofit kits to bring the pre-certification models up 
to the performance standard of certified models, EPA would require that 
the retrofit kits be certified by an approved independent standards 
testing organization and that equipment owners indicate in their 
certification to the Agency that they have retrofitted equipment.
    The Agency is aware that some HFC-134a recover-only equipment has 
been sold prior to SAE's issuance in December, 1994 of the J1732 
standard for HFC-134a recover-only equipment and that some dual 
refrigerant recycling equipment has been sold prior to SAE's issuance 
in December, 1995 of the J1770 standard for equipment that recovers 
both CFC-12 and HFC-134a. Because no SAE standard was in place at the 
time of sale, the equipment could not be certified by UL or ETL for EPA 
approval. In such an event, i.e., where units are sold prior to the 
publication of the appropriate SAE standard, so that there is no 
sticker or plate on the unit showing that the model has been tested by 
UL or ETL to meet the appropriate SAE standard, and later, after 
publication of the SAE standard, units of the same model are certified 
by UL or ETL, the Agency considers the units sold prior to the 
publication of the standard to be substantially identical. The Agency 
reserves the right, however, to terminate such consideration of earlier 
units in the event the Agency receives evidence that some earlier units 
of that model (e.g., prior to serial number xxxxx) were not able to 
achieve one or more of the provisions of the appropriate SAE standard. 
In that instance, the manufacturer will have to demonstrate to EPA that 
the units in question are substantially identical before EPA would make 
a determination to that effect. The Agency recognizes that 
manufacturers of units sold prior to the publication of the appropriate 
SAE standard may consider developing retrofit kits to bring pre-
certification units up to the performance standard of certified units.
    It should be noted that some dual refrigerant recycling equipment 
sold prior to SAE's issuance in December, 1995 of the J1770 standard 
for equipment that recovers both CFC-12 and HFC-134a, may be labeled 
with a UL or ETL sticker that indicates that the unit meets SAE J1990 
and J2210. The Agency believes that these units do not necessarily meet 
the J1770 standard, and therefore the EPA standard set forth in 
appendix E. In the event that later versions of the same model of 
equipment become certified by UL or ETL to meet the J1770 standard, 
then the Agency will consider the units sold prior to the publication 
of the standard to be substantially identical, although EPA reserves 
the right to terminate such consideration, as noted above.
    Several commenters stated that a simpler and more sensible approach 
to identifying substantially identical equipment would turn on whether 
the equipment was manufactured after a specific date, rather than 
purchased after the date upon which the applicable regulations were 
proposed. The statute itself, however, is explicit in its 
categorization of which equipment may qualify as substantially 
identical. Although it may be that pinpointing a manufacture date for a 
specific unit is generally easier than pinpointing a purchase date, the 
statute requires in section 609(b)(2)(B) that only equipment 
``purchased before the proposal of regulations'' can be certified as 
being substantially identical. One commenter suggested that the resale 
of equipment by service facilities no longer in business to other 
facilities may cause confusion about how a purchase date is defined. 
Consequently, every reference set forth in the proposed text of 40 CFR 
82.36(b)(1) to ``purchased before [date of applicable proposal]'' has 
been changed to ``initially purchased before [date of applicable 
proposal].''

D. Approved Independent Standards Testing Organizations

    Section 82.38 establishes the criteria for approval of testing 
laboratories or organizations to certify whether equipment governed by 
the regulations meets the standards set forth in the regulations. Under 
the July 14, 1992 final rule and the May 2, 1995 supplemental final 
rule, approved organizations determine whether CFC-12 recover/recycle 
and recover-only equipment meets the standards set forth in the 
appendices A and B to the rule, which are based on SAE standards. 
Today's rule expands that provision so that these approved 
organizations may determine whether the equipment subject to today's 
rule meets the standards set forth in the appropriate appendices.
    Because the application materials received by the Agency from UL on 
October 21, 1991, and from ETL on November 27, 1991 demonstrate that 
both organizations have met the criteria set forth in 40 CFR 82.38(b) 
with respect to all equipment subject to today's rule, and because the 
Agency has received from both UL and ETL written requests stating that 
all the application criteria are still being met, and requesting that 
they be approved to certify the equipment subject to today's rule, the 
Agency today approves UL and ETL to certify this equipment. The Agency 
also hereby approves any equipment certifications performed by either 
of these organizations which demonstrate that particular equipment 
models meet SAE standards upon which any of the appendices listed in 
this rule is based.
    No commenters to the proposal made any statements concerning the 
approval by EPA of independent standards testing organizations.

E. Technician Training and Certification

    Section 82.40 establishes the standards for the approval of 
programs to train and certify technicians. The standards cover 
training, the subject material that must be covered by each program, 
and minimum test administration procedures. Summaries of reviews of 
programs must be submitted every two years and programs must offer 
technicians proof of certification upon successful completion of the 
test.
    The Agency wishes to note that the technician training and 
certification requirements set forth in today's rule amending 
Sec. 82.40 apply to technicians who work on MVAC-like appliances as 
well as to those who work on MVACs. Section 82.161(a)(5) requires that 
technicians who service or repair

[[Page 68043]]

MVAC-like appliances either must be properly certified as Type II 
technicians in accordance with the subpart B regulations or must 
complete the training and certification test offered by a training and 
certification program approved under Sec. 82.40. Any technicians who 
wish to service MVAC-like appliances and who in the future become 
certified under Sec. 82.40 rather than as Type II technicians must 
therefore receive training in the equipment standards attached as 
appendices to today's rule.
    At this time, 27 organizations have been approved by EPA to train 
and certify technicians in the use of CFC-12 recover-only and recover/
recycle equipment. Ten of these organizations train and certify their 
employees, while the remaining train members of the general public. 
While EPA's approval of these organizations has been limited to CFC-12 
equipment, the Agency believes that for purposes of training and 
certification conducted prior to January 29, 1998, these organizations 
should also be considered as approved for purposes of HFC-134a 
equipment, equipment that recycles both CFC-12 and HFC-134a using 
common circuitry, and equipment that extracts, but does not recycle, 
replacement refrigerants other than HFC-134a. As discussed below, the 
equipment governed by the standards in today's rule and CFC-12 
equipment are very similar, the procedures for extracting refrigerant 
are very similar for all types of equipment, and the procedures for 
recycling refrigerant are very similar for all types of recycling 
equipment. Retraining and recertifying of technicians already certified 
to use CFC-12 equipment would therefore produce only a limited 
environmental benefit. In addition, such retraining and recertification 
would impose a large burden on the technicians and the organizations 
that certify them. For these reasons, EPA is today approving the 27 
organizations noted above for training and certification of technicians 
in the use of equipment that is governed by the standards in today's 
rule, conducted prior to January 29, 1998.
    EPA will also approve organizations for future training and 
certification of technicians for the use of HFC-134a equipment, 
equipment that recycles both CFC-12 and HFC-134a using common 
circuitry, and equipment that extracts, but does not recycle, 
replacement refrigerants other than HFC-134a, on the condition that 
each organization certify in writing to the Agency that its training 
materials discuss the standards set forth in Appendices C, D, E and F, 
and that its testing materials include questions concerning those 
standard. Each organization that submits such a certification shall be 
approved upon the date which is the later of (i) the effective date of 
this rule (i.e., January 29, 1998), or (ii) the receipt by the Agency 
of such a certification. Organizations that do not submit such a 
certification will not be approved to train and certify future 
technicians for the use of the equipment governed by the standards in 
today's rule. The Agency reserves the right, pursuant to Sec. 82.40(c), 
to request that when an organization submits its certification to EPA, 
it also provides the Agency with a summary of its review of its test 
subject material and any changes made.
    As noted above, the prior training and testing of previously 
approved technicians for equipment governed by the standards in today's 
rule, adequately and sufficiently covers the standards set forth in 
appendices C, D, E and F because of the large overlap between the text 
of the standards contained in appendices A and B, and the text of the 
standards contained in appendices C, D, E and F. In appendices A and B, 
and in appendices C, D, E and F, the following provisions are identical 
or nearly identical: safety requirements; requirements that the 
manufacturer must provide operating instructions; requirements that the 
equipment must ensure the refrigerant recovery by reducing system 
pressure below atmospheric to a minimum of 102 mm of mercury; the 
preconditioning of the equipment with a contaminated sample; the 
composition of that contaminated sample; the requirements that the 
equipment must be certified by UL or an equivalent certifying 
laboratory; the requirements that the label on the equipment must state 
that it has been design certified to meet applicable SAE standards; and 
the additional storage tank requirements.
    Where the SAE J1990-based standards in appendix A differ from the 
SAE J1732-based standards in appendices D and F, they differ largely 
because appendix A contains many provisions that relate to the recycle 
portion of the equipment operation and which are thus not applicable to 
appendices D and F. For example, appendix A describes requirements for 
the recycling test cycle and for the quantitative determination of 
moisture, lubricant, and noncondensable gas in that cycle.
    Where the HFC-134a standards in appendices C and D differ from the 
SAE J1990- and J2209-based standards in appendices A and B, they differ 
largely because of the different chemical properties of the HFC-134a 
molecule. For example, the levels of contaminants in the CFC-12 ``dirty 
cocktail'' in J1990 are different than those in the HFC-134a ``dirty 
cocktail'' described in J2210, and the maximum acceptable levels of 
contamination by air, oil and moisture are different for CFC-12, as 
described in J1989, than for HFC-134a, as described in J2211.
    Appendix E is similar to the other standards for recycling CFC-12 
refrigerant set forth in appendix A and for recycling HFC-134a 
refrigerant set forth in appendix B, but also contains requirements 
designed to demonstrate that the equipment is capable of preventing 
cross-contamination of refrigerants, including a seat leakage test and 
the installation of electrical interlock devices and filters. In 
addition, the standard requires the performance of a testing sequence 
which puts the equipment through a CFC-12 recycling sequence, followed 
by an HFC-134a recycling sequence. The ``dirty cocktails'' used in such 
testing, however, are identical to the ``dirty cocktails'' used in 
appendices A and C for testing the efficacy of cleaning single 
refrigerants.
    A review of SAE J1732 indicates that it contains two provisions 
that relate to the recovery of refrigerant for which there are no 
equivalent provisions in SAE J1990. First, section 6.3.2 of SAE J1732 
requires that the equipment discharge or transfer fitting shall be \1/
2\'' ACME thread. SAE did not consider this requirement until after the 
publication of the final version of J1990. This requirement to include 
a unique fitting guards against the mixing of different refrigerants. 
Second, section 6.1 of SAE J1732 requires that the unit must have a 
device that assures that refrigerant has been recovered so that 
outgassing is prevented. Although there is no equivalent to this 
provision in SAE J1990, J1989 requires safeguards to prevent 
outgassing.
    No commenters to the proposed rule suggested any revisions to the 
technician training and certification provisions outlined in the 
proposal.

F. Sales Restriction

    Section 609 made it unlawful, effective November 15, 1992, for any 
person to sell or distribute, or offer for sale or distribution, except 
to section 609 certified technicians, any class I or class II substance 
suitable for use as refrigerant in a motor vehicle air-conditioning 
system and that is in a container with less than 20 pounds of 
refrigerant. Consequently, sales of small cans of CFC-12, as well as 
small cans of any HCFC blend which EPA's Significant New Alternatives 
Policy

[[Page 68044]]

(SNAP) program may determine to be acceptable as a substitute for CFC-
12 in MVACs and MVAC-like appliances, are limited to section 609 
certified technicians. In addition, section 608 regulations that became 
effective November 14, 1994 (58 FR 28714) restrict the sales of all 
containers (regardless of size) of any class I or II refrigerant to 
technicians certified under either section 608 or section 609 of the 
Act.
    EPA is preparing to propose in a separate rule several changes to 
the regulations promulgated under section 608 of the Act. The proposed 
changes to the section 608 regulations, pursuant to the mandate of 
section 608(c)(2), would establish standards and requirements for the 
servicing of appliances and industrial process refrigeration systems 
that use refrigerants that substitute for the currently-regulated class 
I or class II substances. In addition, in that proposal, the Agency may 
include a provision proposing to restrict the sale of all containers 
(regardless of size) of non-ozone-depleting substitute refrigerants, 
including HFC-134a, to technicians certified under either section 608 
or section 609 of the Act. Should the Agency determine to propose such 
a sales restriction, the proposed changes to the regulatory text and 
explanatory discussion in the preamble would be entirely contained in 
the section 608 proposed rule, even though the changes would also 
affect industries governed under section 609--automotive refrigerant 
distributors, automobile manufacturers, and the automotive service 
industry. All parties interested in whether EPA decides to institute a 
sales restriction are therefore urged to review the language contained 
in any future section 608 proposal.

V. Summary of Supporting Analyses

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant'' regulatory action as 
one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely and materially affect a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is a ``significant regulatory 
action'' within the meaning of the Executive Order. EPA has submitted 
this action to OMB for review. Changes made in response to OMB 
suggestions or recommendations will be documented in the public record. 
The Agency prepared an analysis to assess the impact of this regulation 
(see Regulatory Assessment for EPA's Proposed Rule on Standards and 
Requirements for Servicing of Motor Vehicle Air Conditioners that use 
Refrigerants other than Class I or Class II Substances, U.S. EPA 
Stratospheric Protection Division, November, 1995) which covers both 
recover/recycle equipment and recover-only equipment, and is available 
for review in the public docket for this rulemaking. The analysis 
indicates that total annualized costs to affected industrial sectors 
will range from $4.9 million to $14.3 million, depending on what type 
of recovery/recycling equipment automotive service facilities choose to 
purchase.

B. Regulatory Flexibility/Fairness to Small Entities

1. Regulatory Flexibility Act
    a. Purpose: EPA has determined that it is not necessary to prepare 
a regulatory flexibility analysis in connection with this final rule. 
In addition, the Agency has performed an initial screening analysis and 
determined that this regulation does not have a significant economic 
impact on a substantial number of small businesses. The screening 
analysis is found in Appendix A in the Regulatory Assessment for EPA's 
Proposed Rule on Standards and Requirements for Servicing of Motor 
Vehicle Air Conditioners that use Refrigerants other than Class I or 
Class II Substances (U.S. EPA Stratospheric Protection Division, 
October, 1995) (Regulatory Assessment) and is available for review in 
the docket. A summary of the methodology and results of the analysis 
are presented below.
    b. Screening Analysis Methodology and Results: EPA first 
characterized the regulated community by identifying the SIC codes that 
would be involved in the servicing and repair of motor vehicle air 
conditioners. EPA considered how the regulated community would be 
affected by the main provisions of the rule: the equipment standards, 
the technician certification regulations, and the regulations governing 
service facility practices. After looking at typical costs to each 
service facility, the analysis reviewed total costs to the regulated 
community as a whole.
    The equipment standards and technician certification provisions 
contained in the rule impose costs on the regulated community. With 
respect to equipment standards, EPA assumed that each service 
establishment would purchase a single piece of equipment in order to 
comply with the regulation. The analysis took into account the life of 
the equipment (in terms of number of jobs performed), the incremental 
labor time to recover, or to recover and recycle, refrigerant, the 
current labor rate, and general operation and maintenance costs. EPA's 
analysis also considered the cost savings realized by service 
establishments for the recovery and reuse of substitute refrigerants 
and through the salvage value of equipment. The analysis then outlined 
two different private cost scenarios. The less expensive cost (lower-
bound) scenario assumed that a facility would choose to purchase single 
refrigerant recover/recycle equipment, while the more expensive (upper-
bound) option assumed that a facility would choose to purchase dual 
refrigerant recover/recycle equipment. In estimating the costs of 
complying with the technician certification requirements, the screening 
analysis took into account the number of service technicians employed 
by small and large facilities, employment turnover rates for those 
employees, and the cost to certify a single technician.
    The screening analysis also estimated some of the benefits of the 
rule, distinguishing between those that are readily quantifiable and 
those that are not. Specifically, the analysis described the marginal 
social benefits associated with each kilogram of greenhouse gas 
emission reduction resulting from the imposition of the rule and then 
estimated the total social benefits associated with all emissions 
reductions resulting from the imposition of the rule. The benefits 
discussion also estimated the potential cost savings to members of the 
regulated community, including motor vehicle disposal facilities, that 
might take advantage of mobile recovery service, which today's rule 
explicitly permits. Finally, the analysis briefly discussed non-
quantifiable benefits of the rule such as increased efficiencies and 
equity in the marketplace resulting from the imposition of the rule.

[[Page 68045]]

    In order to determine whether the rule will have a significant 
economic impact on a substantial number of small entities, the Agency 
determined from financial data what portion of the regulated community 
falls within the definition of ``small entity,'' and performed tests 
using sales, profits and cash flow measures in order to determine the 
nature of adverse impacts, if any. The number of small entities 
servicing MVACs was estimated, using Small Business Administration 
guidelines, at 160,366. Using the sales test, EPA's preferred criterion 
for gauging the economic impact of a regulation on small businesses, 
the Agency determined that after the imposition of the 1992 section 609 
regulations (the baseline), 3.6% of these facilities were significantly 
affected. With respect to the regulations being promulgated today, the 
screening analysis determined that an additional 1.8% of these 
facilities will be significantly impacted by today's rule, based on the 
estimated annualized cost of $100 for each small facility to comply. 
For more details concerning the results of the analysis, copies of the 
Regulatory Assessment are available for review in the docket.
2. Note on Recordkeeping and Reporting
    This rule will not impose any new recordkeeping or reporting 
requirements on any small entity or other member of the regulated 
community.
3. Steps EPA Has Taken to Minimize Economic Impacts on Small Entities
    The portions of today's regulation that impose costs on the 
regulated community implement specific requirements of section 609 of 
the Act, without the exercise of discretion by EPA. Section 609 
explicitly requires the Administrator to promulgate regulations 
establishing standards for motor vehicle refrigerant recycling 
equipment. Regulations already in place have established standards for 
equipment that recovers and recycles CFC-12; the equipment standards 
set forth in today's rule fulfill the statutory obligation of the 
Administrator to establish standards for equipment that recovers and 
recycles HFC-134a and other substitute refrigerants. Section 609 also 
requires that automotive service technicians who service MVAC systems 
be trained and certified in the proper use of EPA-approved refrigerant 
recycling equipment. The technician certification requirements 
contained in today's rule fulfill the statutory mandate to establish 
such requirements for becoming certified to handle substitute 
refrigerants.
    In order to minimize the economic impact on small entities created 
by the Agency's fulfilling its statutory mandate, EPA determined that 
the equipment standards promulgated today should resemble as closely as 
possible voluntary industry standards set by the Society of Automotive 
Engineers (SAE). Virtually all equipment marketed today that recovers, 
or recovers and recycles, substitute refrigerants already meets these 
voluntary industry standards. Installers have been purchasing the 
equipment at least since November 15, 1995, when a self-effectuating 
provision in section 608 of the Act prohibited venting substitute 
refrigerants into the atmosphere. Meeting the voluntary standards is a 
common indication of the quality of the equipment. When purchasing 
equipment, installers look not only to see that it meets the 
appropriate SAE standard, but also to determine that the equipment has 
been tested against that standard by an independent testing laboratory 
such as UL. In developing federally mandated equipment standards for 
refrigerant recycling equipment, section 609 required EPA to ensure 
that Agency standards were at least as stringent as the voluntary SAE 
standards. EPA has done so, but has also decided against issuing 
standards that were more stringent than the voluntary industry 
standards, not only in part because the Agency believes that the 
voluntary standards are protective of human health and the environment, 
but also because small businesses and other stakeholders are already 
familiar with the equipment that meets the voluntary standards and thus 
will also be familiar with the equipment that meets the EPA standards.
    EPA has also engaged in extensive outreach to the affected 
community, and in particular to small entities within that community, 
in order to minimize any economic impacts this rule may have on them. 
To respond to questions, the Agency has long maintained a toll-free 
hotline (800/296-1996) and an award-winning web site that contains 
copies of any EPA fact sheets and regulations that relate to section 
609. In addition, Agency staff have spoken, and/or sponsored trade 
booths, at conventions and conferences sponsored by industry trade 
associations such as the Mobile Air Conditioning Society, the 
International Mobile Air Conditioning Association, ASIA/APAA, and the 
National Tire Dealers and Retreaders Association. The Agency has also 
worked extensively on articles in automotive service journals such as 
Motor and Motor Age, and with other partners such as the National 
Institute for Automotive Service Excellence (ASE), which has tested 
over 150,000 technicians nationwide in motor vehicle heating and air-
conditioning servicing. Using all of these methods, EPA has attempted 
to alert small entities to when and how the section 609 regulations 
would expand to apply to refrigerants that substitute for CFC-12 in 
MVACs, and to technicians who service vehicles that use substitute 
refrigerants. In conjunction with the publication of today's rule, EPA 
is issuing a short, plain-English fact sheet for automotive service 
facilities that summarizes the rule and responds to these questions.
    EPA has also engaged in outreach activities to inform motor vehicle 
disposal facilities about the provisions of this rule that affect them. 
The recovery of refrigerant is a critical element in the motor vehicle 
disposal process, and yet calls to the hotline and to EPA staff had 
long indicated that automotive recyclers did not understand how to 
comply with Title VI regulations. EPA responded by promulgating today's 
rule. In conjunction with the publication of the rule, EPA is issuing a 
short, plain-English fact sheet specifically to assist the automotive 
recycling industry in its efforts to comply with the requirements of 
Title VI. It explains not only what requirements governing refrigerant 
recovery and re-use apply, but also where in the regulations each 
requirement is located.

C. Paperwork Reduction Act

    This action does not add any new requirements or increases burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. The Office of Management and Budget (OMB) has previously approved 
the information collection requirements contained in the final rule, 
promulgated on July 14, 1992, which established standards and 
requirements regarding the servicing of MVACs and has assigned OMB 
control number 2060-0247 (EPA ICR No. 1617.02).
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able

[[Page 68046]]

to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local and tribal governments, in the aggregate, or the private 
sector, in any one year. The majority of the regulations promulgated 
today implement requirements specifically set forth by Congress in 
section 609 of the Clean Air Act without the exercise of any discretion 
by EPA. The remainder merely serve to clarify existing regulatory text 
and therefore impose no new additional enforceable duties on 
governmental entities or the private sector. Thus, today's rule is not 
subject to the requirements of sections 202 and 205 of the UMRA. EPA 
has also determined that this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 82

    Environmental protection, Motor vehicle air-conditioning, Reporting 
and recordkeeping requirements, Recover-only equipment, Recover/recycle 
equipment, Reporting and certification requirements, Stratospheric 
ozone layer.

    Dated: December 17, 1997.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, 40 CFR Part 82 is amended 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

    1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

    2. Section 82.30 is amended by revising paragraph (a) to read as 
follows:


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).
* * * * *
    3. Section 82.32 is amended by adding a heading to paragraph (e), 
by revising paragraph (e)(1), by adding paragraphs (e)(3), (e)(4), and 
(e)(5), by revising paragraph (h), and by adding paragraph (i), to read 
as follows:


Sec. 82.32  Definitions.

* * * * *
    (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 appendices A, B, C, D, E, 
and F of 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.
* * * * *
    (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 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.
* * * * *
    (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

[[Page 68047]]

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.
    4. Section 82.34 is amended by revising the section heading and by 
revising paragraph (a), revising the reference ``Sec. 82.42(b)(4)'' to 
read ``Sec. 82.42(b)(3)'' in paragraph (b), and by adding paragraph (d) 
to read as follows:


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).
* * * * *
    (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 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.
    5. Section 82.36 is amended by revising paragraphs (a)(2) and (b) 
and adding paragraphs (a)(3) through (a)(7) to read as follows:


Sec. 82.36  Approved refrigerant recycling equipment.

    (a)(1) * * *
    (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) Equipment that recovers and recycles HFC-134a refrigerant must 
meet the standards set forth in appendix C of this subpart (Recommended 
Service Procedure for the Containment of HFC-134a, Standards for 
Recover/Recycle Equipment that Extracts and Recycles HFC-134a, and 
Standard of Purity for Recycled HFC-134a for Use in MVACs).
    (5) Equipment that recovers but does not recycle HFC-134a 
refrigerant must meet the standards set forth in appendix D of this 
subpart (HFC-134a Recover-Only Equipment and Recommended Service 
Procedure for the Containment of HFC-134a).
    (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 HFC-134a and CFC-12 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 or HFC-134a).
    (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, 401 M Street, S.W., Washington, D.C. 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

[[Page 68048]]

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.
* * * * *
    6. Section 82.38 is amended by revising paragraphs (a) and 
(b)(1)(iii) to read as follows:


Sec. 82.38  Approved independent standards testing organizations.

    (a) Any independent standards testing organization may apply for 
approval by the Administrator to certify equipment as meeting the 
standards in appendix A, B, C, D, E, or F of this subpart, as 
applicable. The application shall be sent to: MVACs Recycling Program 
Manager, Stratospheric Protection Division (6205J), U.S. Environmental 
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.
    (b) * * *
    (1) * * *
    (iii) Thorough knowledge of the standards as they appear in the 
applicable appendices of this subpart; and
* * * * *
    7. Section 82.40 is amended by revising paragraph (a)(2)(i) to read 
as follows:


Sec. 82.40  Technician training and certification.

    (a) * * *
    (2) * * *
    (i) The standards established for the service and repair of MVACs 
and MVAC-like appliances as set forth in appendices A, B, C, D, E, and 
F of 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.
* * * * *
    8. Appendix C is added to Subpart B to read as follows:

Appendix C to Subpart B of Part 82--Standard for Recover/Recycle 
Equipment for HFC-134a Refrigerant

    I. SAE J2210, issued December, 1991.

HFC-134a Recycling Equipment for Mobile Air Conditioning Systems

Foreword

    The purpose of this standard is to establish the specific 
minimum equipment specification required for the recycling of HFC-
134a that has been directly removed from, and is intended for reuse 
in, mobile air-conditioning systems. Establishing such 
specifications will assure 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 standard is to establish specific minimum 
equipment requirements for recycling HFC-134a that has been directly 
removed from, and is intended for reuse in, mobile air-conditioning 
(A/C) systems.

2. References

    Applicable Documents--The following publications form a part of 
this specification to the extent specified.

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 J2196--Service Hoses for Automotive Air-Conditioning
    SAE J2197--Service Hose Fittings for Automotive Air-Conditioning
2.1.2
    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
    DOT Standard, 49 CFR 173.304--Shippers-General Requirements for 
Shipments and Packagings
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 must be able to remove and process HFC-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 to 49 deg.C (50 to 120 deg.F).
3.3  The equipment must be certified that it meets this 
specification by Underwriters Laboratories (UL) or an equivalent 
certifying laboratory.
3.4  The equipment shall have a label which states ``Design 
Certified by (Certifying Agent) to meet SAE J2210'' in bold-type 
letters a minimum of 3 mm 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 moisture detection 
means that will reliably indicate when moisture in the HFC-134a 
reaches the allowable limit and desiccant replacement is required.
    4.2 Filter--The equipment shall incorporate an in-line filter 
that will trap particulates of 15 micron spherical diameter or 
greater.
4.3  Noncondensable Gases
    4.3.1  The equipment shall either automatically purge 
noncondensables (NCGs) if the acceptable level is exceeded or 
incorporate a device that indicates to the operator that the NCG 
level has been 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 minutes.
    4.3.2  Refrigerant loss from noncondensable gas purging during 
the testing described in Section 8 shall not exceed 5% by weight of 
the total contaminated refrigerant removed from the test system.
4.4  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  HFC-134a has been shown to be nonflammable at ambient 
temperature and atmospheric pressure. However, tests under 
controlled conditions have indicated that, at pressures above 
atmospheric and with air concentrations greater than 60% by volume, 
HFC-134a can form combustible mixtures. While it is recognized that 
an ignition source is also required for combustion to occur, the 
presence of combustible mixtures is a potentially dangerous 
situation and should be avoided.
5.3  Under NO CIRCUMSTANCES should any equipment be pressure tested 
or leak tested with air/HFC-134a mixtures. Do not use compressed air 
(shop air) for leak detection in HFC-134a systems.

[[Page 68049]]

6. Operating Instructions

6.1  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  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

7.1  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., vacuum).
7.2  During 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 21.1 deg.C (70 deg.F) per Department of 
Transportation (DOT) Standard, 49 CFR 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'', meet applicable 
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. The marking shall be in letter at least 6 mm 
(\1/4\ in) high.
7.4  All flexible hoses must comply with SAE J2196.
7.5  Service hoses must have shutoff devices located within 30 cm 
(12 in) of the connection point to the system being serviced as 
identified in J2196. All service fittings must comply with SAE 
J2197.
7.6  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 lubricants and, as a result, increases the volume of 
the recovered lubricant sample. This creates the illusion that more 
lubricant has been recovered than actually has been. The equipment 
lubricant measuring system must take into account such dissolved 
refrigerant to prevent overcharging the vehicle system with 
lubricant. (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.
8.1  The equipment shall be able to clean the contaminated 
refrigerant in section 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 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]), 45,000 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 
section 8.3.1 shall be ICI DGLF 118, or equivalent, which shall 
contain no more than 1000 ppm by weight of moisture.
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 deg.C (70 deg.F) before starting the test cycle. 1.13 kg (2.5 lb) 
samples are to be processed at 5 min intervals. The test fixture, 
depicted in Figure 1 to Appendix A, shall be operated at 21 deg.C 
(70 deg.F).
    8.4.2  Following the preconditioning procedure per section 
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 
section 8.3.1 shall be processed as required in section 8.6 and 
shall be analyzed after said processing as defined in sections 8.7, 
8.8, and section 8.9. Note exception for non-condensable gas 
determination in section 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, 120 deg.F) while processing 
the samples as defined in section 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 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
    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 
section 7.2 within 30 minutes following the proper venting of 
noncondensable gases.
    8.9.3  The liquid phase samples in section 8.9.2 shall be 
vaporized completely prior to gas chromatographic analysis.
    8.9.4  This test shall be conducted at 21 and 49 deg.C (50 and 
120 deg.F) and may be performed in conjunction with the testing 
defined in section 8.6. The equipment shall process at least 13.6 kg 
(30 lb) of standard contami nated refrigerant for this test).

Rationale

    Not applicable.

Relationship of Standard to ISO Standard

    Not applicable.

Application

    The purpose of this standard is to establish the specific 
minimum equipment requirements for recycling HFC-134a that has been 
directly removed from, and is intended for reuse in, mobile air-
conditioning (A/C) systems.

Reference Section

SAE J2099--Standard of Purity for Recycled HFC-134a for Use in 
Mobile Air-Conditioning Systems
SAE J2196--Service Hoses for Automotive Air-Conditioning

[[Page 68050]]

SAE J2197--Service Hose Fittings for Automotive Air-Conditioning
CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--
Cylinders for Compressed Gases
UL 1769--Cylinder Valves
UL 1963--Refrigerant Recovery/Recycling Equipment
DOT Standard, 49 CFR 173.304--Shippers--General Requirements for 
Shipment and Packagings
II. SAE J2211, issued December, 1991.

Recommended Service Procedure for the Containment of HFC-134a

1. Scope

    Refrigerant containment is an important part of servicing mobile 
air-conditioning systems. This procedure provides guidelines for 
technicians for servicing mobile air-conditioning systems and 
operating refrigerant recycling equipment designed for HFC-134a 
(described in SAE J2210).

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 J2196--Service Hoses for Automotive Air-Conditioning
    SAE J2197--Service Hose Fittings for Automotive Air-Conditioning
    SAE J2210--Refrigerant Recycling Equipment for HFC-134a Mobile 
Air-Conditioning Systems
    SAE J2219--Concerns to the Mobile Air-Conditioning Industry
2.2  Definitions
    2.2.1  Recovery/Recycling (R/R) Unit--Refers to a single piece 
of equipment that performs both functions of recovery and recycling 
of refrigerants per SAE J2210.
    2.2.2  Recovery--Refers to that portion of the R/R unit 
operation that removes the refrigerant from the mobile air-
conditioning system and places it in the R/R unit storage container.
    2.2.3  Recycling--Refers to that portion of the R/R unit 
operation that processes the refrigerant for reuse on the same job 
site to the purity specifications of SAE J2099.

3. Service Procedure

3.1  Connect the recycling unit service hoses, which shall have 
shutoff devices (e.g., valves) within 30 cm (12 in) of the service 
ends, to the vehicle air-conditioning (A/C) service ports. Hoses 
shall conform to SAE J2196 and fittings shall conform to SAE J2197.
3.2  Operate the recycling equipment per the equipment 
manufacturer's recommended procedure.
    3.2.1  Verify that the vehicle A/C system has refrigerant 
pressure. Do not attempt to recycle refrigerant from a discharged 
system as this will introduce air (noncondensable gas) into the 
recycling equipment which must later be removed by purging.
    3.2.2  Begin the recycling process by removing the refrigerant 
from the vehicle A/C system. Continue the process until the system 
pressure has been reduced to a minimum of 102mm (4 in) of mercury 
below atmospheric pressure (i.e., vacuum). If A/C components show 
evidence of icing, the component can be gently heated to facilitate 
refrigerant removal. With the recycling unit shut off for at least 5 
minutes, check A/C system pressure. If this pressure has risen above 
vacuum (0 psig), additional recycler operation is required to remove 
the remaining refrigerant. Repeat the operation until the system 
pressure remains stable at vacuum for 2 minutes.
    3.3  Close the valves in the service lines and then remove the 
service lines from the vehicle system. If the recovery equipment has 
automatic closing valves, be sure they are operating properly. 
Proceed with the repair/service.
    3.4  Upon completion of refrigerant removal from the A/C system, 
determine the amount of lubricant removed during the process and 
replenish the system with new lubricant, which is identified on the 
A/C system label. Used lubricant should be discarded per applicable 
federal, state, and local requirements.

4. Service With a Manifold Gauge Set

4.1  High-side, low-side, and center service hoses must have shutoff 
devices (e.g., valves) within 30 cm (12 in) of the service ends. 
Valves must be closed prior to hose removal from the A/C system to 
prevent refrigerant loss to the atmosphere.
    4.2  During all service operations, service hose valves should 
be closed until connected to the vehicle A/C system or to the 
charging source to exclude air and/or contain the refrigerant.
    4.3  When the manifold gauge set is disconnected from the A/C 
system, or when the center hose is moved to another device that 
cannot accept refrigerant pressure, the gauge set hoses should be 
attached to the recycling equipment to recover the refrigerant from 
the hoses.

5. Supplemental Refrigerant Checking Procedure for Stored Portable 
Containers

5.1  Certified recycling equipment and the accompanying recycling 
procedure, when properly followed, will deliver use-ready 
refrigerant. In the event that the full recycling procedure was not 
followed or the technician is unsure about the noncondensable gas 
content of a given tank of refrigerant, this procedure can be used 
to determine whether the recycled refrigerant container meets the 
specification for noncondensable gases (air). (Note: The use of 
refrigerant with excess air will result in higher system operating 
pressures and may cause A/C system damage.)
5.2  The container must be stored at a temperature of 18.3  deg.C 
(65  deg.F) or above for at least 12 hours, protected from direct 
sunlight.
5.3  Install a calibrated pressure gauge, with 6.9 kPa (1 psig) 
divisions, on the container and read container pressure.
5.4  With a calibrated thermometer, measure the air temperature 
within 10 cm (4 in) of the container surface.
5.5  Compare the observed container pressure and air temperature to 
the values given in Tables 1 and 2 to determine whether the 
container pressure is below the pressure limit given in the 
appropriate table. For example, at an air temperature of 21  deg.C 
(70  deg.F) the container pressure must not exceed 524 kPa (76 
psig).
5.6  If the refrigerant in the container has been recycled and the 
container pressure is less than the limit in Tables 1 and 2, the 
refrigerant may be used.
5.7  If the refrigerant in the container has been recycled and the 
container pressure exceeds the limit in Tables 1 and 2, 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 
in Tables 1 and 2.
5.8  If, after shaking the container and letting it stand for a few 
minutes, the container pressure still exceeds the pressure limit 
shown in Tables 1 and 2, the entire contents of the container shall 
be recycled.

                                                 Table 1.--Maximum Allowable Container Pressure (Metric)                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Temp, C(F)                               kPa       Temp, C(F)      kPa       Temp, C(F)      kPa       Temp, C(F)      kPa    
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 (65)......................................................          476      26 (79)          621      34 (93)          793     42 (108)         1007
19 (66)......................................................          483      27 (81)          642      35 (95)          814     43 (109)         1027
20 (68)......................................................          503      28 (82)          655      36 (97)          841     44 (111)         1055
21 (70)......................................................          524      29 (84)          676      37 (99)          876     45 (113)         1089
22 (72)......................................................          545      30 (86)          703     38 (100)          889     46 (115)         1124
23 (73)......................................................          552      31 (88)          724     39 (102)          917     47 (117)         1158
24 (75)......................................................          572      32 (90)          752     40 (104)          945     48 (118)         1179

[[Page 68051]]

                                                                                                                                                        
25 (77)......................................................          593      33 (91)          765     41 (106)          979     49 (120)         1214
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                Table 2.--Maximum Allowable Container Pressure (English)                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Temp, F                                 psig       Temp, F        psig       Temp, F        psig       Temp, F        psig   
--------------------------------------------------------------------------------------------------------------------------------------------------------
65...........................................................           69           79           90           93          115          107          144
66...........................................................           70           80           91           94          117          108          146
67...........................................................           71           81           93           95          118          109          149
68...........................................................           73           82           95           96          120          110          151
69...........................................................           74           83           96           97          122          111          153
70...........................................................           76           84           98           98          125          112          156
71...........................................................           77           85          100           99          127          113          158
72...........................................................           79           86          102          100          129          114          160
73...........................................................           80           87          103          101          131          115          163
74...........................................................           82           88          105          102          133          116          165
75...........................................................           83           89          107          103          135          117          168
76...........................................................           85           90          109          104          137          118          171
77...........................................................           86           91          111          105          139          119          173
78...........................................................           88           92          113          106          142          120          176
--------------------------------------------------------------------------------------------------------------------------------------------------------

6. Containers for Storage of Recycled Refrigerant

6.1  Recycled refrigerant should not be salvaged or stored in 
disposable containers (this is one common type of container in which 
new refrigerant is sold). Use only DOT 49 CFR or UL approved storage 
containers, specifically marked for HFC-134a, 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.
6.3  Evacuate the tanks to at least 635 mm Hg (25 in Hg) below 
atmospheric pressure (vacuum) prior to first use.

7. Transfer of Recycled Refrigerant

7.1  When external portable containers are used for transfer, the 
container must be evacuated to at least 635 mm (25 in Hg) below 
atmospheric pressure (vacuum) prior to transfer of the recycled 
refrigerant to the container. 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 the container gross weight rating.

8. Safety Note for HFC-134a

8.1  HFC-134a has been shown to be nonflammable at ambient 
temperature and atmospheric pressure. However, recent tests under 
controlled conditions have indicated that, at pressures above 
atmospheric and with air concentrations greater than 60% by volume, 
HFC-134a can form combustible mixtures. While it is recognized that 
an ignition source is also required for combustion to occur, the 
presence of combustible mixtures is a potentially dangerous 
situation and should be avoided.
8.2  Under NO CIRCUMSTANCE should any equipment be pressure tested 
or leak tested with air/HFC-134a mixtures. Do not use compressed air 
(shop air) for leak detection in HFC-134a systems.

9. Disposal of Empty/Near Empty Containers

9.1  Since all refrigerant may not have been removed from disposable 
refrigerant containers during normal system charging procedures, 
empty/near empty container contents should be recycled prior to 
disposal of the container.
9.2  Attach the container to the recycling unit and remove the 
remaining refrigerant. When the container has been reduced from a 
pressure to vacuum, the container valve can be closed and the 
container can be removed from the unit. The container should be 
marked ``Empty'', after which it is ready for disposal.
III. SAE J2099, issued December, 1991.

Standard of Purity for Recycled HFC-134a for Use in Mobile Air 
Conditioning Systems

Foreword

    The purpose of this standard is to establish the minimum level 
of purity required for recycled HFC-134a removed from, and intended 
for reuse in, mobile air-conditioning systems.

1. Scope

    This standard applies to HFC-134a refrigerant used to service 
motor vehicle passenger compartment air-conditioning systems 
designed or retrofitted to use HFC-134a. Hermetically sealed, 
refrigerated cargo systems are not covered by this standard.

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 J2210--HFC-134a Recycling Equipment for Mobile Air-
Conditioning Systems
    SAE J2211--Recommended Service Procedure for the Containment of 
HFC-134a

3. Purity Specification

    The refrigerant referred to in this standard shall have been 
directly removed from, and intended to be returned to, a mobile air-
conditioning system. Contaminants in this recycled refrigerant shall 
be limited to moisture, refrigerant system lubricant, and 
noncondensable gases, which, when measured in the refrigerant liquid 
phase, shall not exceed the following levels:

3.1  Moisture--50 ppm by weight
3.2  Lubricant--500 ppm by weight
3.3  Noncondensable Gases (Air)--150 ppm by weight

4. Requirements for Recycle Equipment Used in Direct Mobile Air-
Conditioning Service Operations

4.1  Such equipment shall meet J2210, which covers additional 
moisture, acid, and filter requirements.

5. Operation of the Recycle Equipment

    Recycle equipment operation shall be in accord with SAE J2211.

[[Page 68052]]

Application

    This Standard applies to HFC-134a refrigerant used to service 
motor vehicle passenger compartment air-conditioning systems 
designed or retrofitted to use HFC-134a. Hermetically sealed, 
refrigerated cargo systems are not covered by this standard.

Reference Section


    SAE J2210--HFC-134a Recycling Equipment for Mobile Air-Conditioning 
Systems
SAE J2211--Recommended Service Procedure for the Containment of HFC-
134a.

    9. Appendix D is added to Subpart B to read as follows:

Appendix D to Subpart B--Standard for HFC-134a Recover-Only 
Equipment

    SAE J2211, Recommended Service Procedure for Containment of HFC-
134a, as set forth under Appendix C of this subpart, also applies to 
this Appendix D.
    SAE J1732, issued December, 1994.

HFC-134a (R-134a) Extraction Equipment for Mobile Automotive Air-
Conditioning Systems

Foreword

    Appendix C established equipment specifications for on-site 
recovery and reuse of HFC-134a in air-conditioning systems. These 
specifications are for HFC-134a extraction only equipment that are 
intended to be used in conjunction with the on-site recycling 
equipment currently used at service facilities, or allow for off-
site refrigerant reclamation.

1. Scope

    The purpose of this standard is to provide equipment 
specification for only the recovery of HFC-134a refrigerant to be 
returned to a refrigerant reclamation facility that will process it 
to ARI Standard 700-93 or allow for recycling of the recovered 
refrigerant to SAE J2210 specifications by using Design Certified 
equipment of the same ownership. It is not acceptable that 
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 HFC-134a 
air conditioning systems.

2. References

2.1  Applicable Documents--The following publications form a part of 
this specification to the extent specified.
    2.1.1  SAE Publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J639--Vehicle Service Coupling
    SAE J2210--HFC-134a Recycling Equipment for Mobile Automotive 
Air Conditioning Systems
    SAE J2196--Service Hoses for Automotive Air-Conditioning
    SAE J2197--Service Hose Fittings for Automotive Air-Conditioning
    2.1.2  ARI Publication--Available from Air Conditioning and 
Refrigerant Institute, 1501 Wilson Blvd. Sixth Floor, Arlington, VA 
22209.
    ARI 700-93--Specifications for Fluorocarbon Refrigerants
    2.1.3  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 49 173.304--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. Specification and General Description

3.1  The equipment must be able to extract HFC-134a from a mobile 
air-conditioning system.
3.2  The equipment shall be suitable for use in an automotive 
service garage environment as defined in section 6.8.
3.3  Equipment Certification--The equipment shall be certified by 
Underwriters Laboratories or an equivalent certifying laboratory to 
meet this standard.
3.4  Label Requirements--The equipment shall have a label ``Design 
Certified by (Company Name) to meet SAE J1732 for use only with HFC-
134a. The refrigerant from this equipment must be processed to ARI 
700-93 specifications or to SAE J2210 specifications by using Design 
Certified equipment of the same ownership.'' 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 HFC-134a 
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 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 
mobile air conditioning 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, 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. 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., vacuum). To prevent system delayed outgassing, the 
unit must have a device that assures 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 HFC-134a 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 
minutes. The test fixture shown in Figure 1 to Appendix A of this 
subpart shall be operated at 21 deg.C. Contaminated HFC-134a 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  Contaminated HFC-134a sample
    6.2.2  Standard contaminated HFC-134a refrigerant, 13.6 kg 
sample size, shall consist of liquid HFC-134a with 1300 ppm (by 
weight) moisture at 21 deg.C and 45,000 ppm (by weight) of oil 
(polyalkylene glycol oil with 100 cs viscosity at 40 deg.C or 
equivalent) and 1000 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 blue with a yellow top to 
identify that it contains used HFC-134a refrigerant. It must be 
permanently marked on the outside surface in black print at least 20 
mm high ``DIRTY HFC-134a--DO NOT USE, MUST BE REPROCESSED''.
    6.3.2  The portable refillable container shall have a \1/2\ inch 
ACME thread.
    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

[[Page 68053]]

    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 markings shall be in letters at least 6 mm 
high.
6.5  All flexible hoses must meet SAE J2196 for service hoses.
6.6  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 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 30 mL 
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 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 
ambient temperatures of 10 deg.C to 49 deg.C and 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 
specification for only the recovery of HFC-134a refrigerant to be 
returned to a refrigerant reclamation facility that will process it 
to ARI Standard 700-93 or allow for the recycling of the recovered 
refrigerant to SAE J2210 specifications by using Design Certified 
equipment of the same ownership. 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 HFC-134a 
air-conditioning systems.

Reference Section

SAE J639--Vehicle Service Coupling
SAE J2210--HFC-134a Recycling Equipment for Mobile Automotive Air 
Conditioning Systems
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

    10. Appendix E is added to Subpart B to read as follows:

Appendix E to Subpart B--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.

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

[[Page 68054]]

Controls Employing Solid-State Devices, UL 991.
4.4  Noncondensable Gases
    4.4.1  The equipment shall either automatically purge 
noncondensables (NCGs) if 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.
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,

[[Page 68055]]

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 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.

    11. Appendix F is added to Subpart B to read as follows:

Appendix F to Subpart B of Part 82--Standard for Recover-Only Equipment 
That Extracts a Single, Specific Refrigerant Other Than CFC-12 or HFC-
134a

Foreword

    These specifications are for equipment that recover, but does 
not recycle, any single, specific automotive refrigerant other than 
CFC-12 or HFC-134a, 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 or HFC-134a, including a blend refrigerant, which 
are 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 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.

[[Page 68056]]

    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 or HFC-134a 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 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 
or HFC-134a for return to a refrigerant reclamation facility that 
will process it to ARI Standard 700-93 (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 or HFC-134a).

Reference Section

SAE J639--Vehicle Service Coupling
SAE J2196--Service Hoses for Automotive Air-Conditioning
ARI 700-93--Specifications for Fluorocarbon Refrigerants

[[Page 68057]]

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

[FR Doc. 97-33738 Filed 12-29-97; 8:45 am]
BILLING CODE 6560-50-P