[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Proposed Rules]
[Pages 16988-16990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6918]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2011-0776; FRL-9651-2]
RIN 2060-AR20
Protection of Stratospheric Ozone: Amendment to HFO-1234yf SNAP
Rule for Motor Vehicle Air Conditioning Sector
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
revise one of the use conditions required for use of hydrofluoroolefin
(HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene), a substitute for ozone-
depleting substances (ODSs) in the motor vehicle air conditioning end-
use within the refrigeration and air conditioning sector, as acceptable
subject to use conditions under the EPA's Significant New Alternatives
Policy (SNAP) program. The revised use condition incorporates by
reference a revised standard from SAE International. In the ``Rules and
Regulations'' section of this Federal Register, we are revising a use
condition for use of HFO-1234yf in motor vehicle air conditioning as a
direct final rule without a prior proposed rule. If we receive no
adverse comment, we will not take further action on this proposed rule.
DATES: Written comments must be received by April 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0776 by mail to OAR Docket and Information Center, U.S.
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460.
Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Stratospheric
Protection Division, Office of Atmospheric Programs; Environmental
Protection Agency, Mail Code 6205J, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number (202) 343-9163, fax number,
(202) 343-2338; email address at [email protected]. The
published versions of notices and rulemakings under the SNAP program
are available on EPA's Stratospheric Ozone Web site at http://www.epa.gov/ozone/snap/regs. The full list of SNAP decisions in all
industrial sectors is available at http://www.epa.gov/ozone/snap.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This action proposes revising a use condition for the refrigerant
HFO-1234yf in motor vehicle air conditioning under EPA's Significant
New Alternatives Policy (SNAP) program. This action would incorporate
by reference an updated edition of a standard from SAE International
and clarifying the scope of the use condition. We have published a
direct final rule which revises a condition for use of HFO-1234yf in
motor vehicle air conditioning in the ``Rules and Regulations'' section
of this Federal Register because we view this as a noncontroversial
action and anticipate no adverse comment. We have explained our reasons
for this action in the preamble to the direct final rule.
If we receive no adverse comment and no requests for public
hearings in response to this action, we will not take further action on
this proposed rule. If we receive adverse comment, we will withdraw the
direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule. If a public hearing is requested, EPA will provide notice in the
Federal Register as to the location, date, and time.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does this action apply to me?
This notice of proposed rulemaking (NPRM) would regulate the use of
HFO-1234yf (2,3,3,3-tetrafluoroprop-1-ene, Chemical Abstracts Service
Registry Number [CAS Reg. No.] 754-12-1) as a refrigerant in new motor
vehicle air conditioning (MVAC) systems in new passenger cars and
light-duty trucks. Businesses in this end-use that might want to use
HFO-1234yf in new MVAC systems in the future include:
Automobile manufacturers
Automobile repair shops
Regulated entities may include:
Table 1--Potentially Regulated Entities, by North American Industrial Classification System (NAICS) Code
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Category NAICS code Description of regulated entities
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Industry........................... 336111 Automobile Manufacturing.
Services........................... 811111 General Automotive Repair.
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This table is not intended to be exhaustive, but rather a guide
regarding entities likely to be regulated by this action. If you have
any questions about whether this action applies to a particular entity,
consult the person listed in the preceding section, FOR FURTHER
INFORMATION CONTACT.
III. What is EPA proposing?
EPA is proposing to revise one of the use conditions required for
use of hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene),
a substitute for ozone-depleting substances (ODSs) in the motor vehicle
air conditioning end-use under EPA's Significant New Alternatives
Policy
[[Page 16989]]
(SNAP) program. In March 2011, EPA listed HFO-1234yf as acceptable,
subject to use conditions, for use in motor vehicle air conditioning
(MVAC) systems in new passenger cars and light-duty trucks (March 29,
2011; 76 FR 17488). We are revising the use condition that incorporated
by reference the February 2011 edition of SAE International's \1\
(herein after, SAE) J2844 standard for connections with refrigerant
containers. We are revising this use condition to incorporate by
reference an updated edition of the standard, and we also are
clarifying the scope of that use condition. This action does not place
any significant burden on the regulated community and ensures
consistency with industry standards. The direct final rule will be
effective on May 22, 2012 without further notice unless we receive
adverse comment (or a request for a public hearing) by April 23, 2012.
If EPA receives adverse comment or a request for a public hearing, we
will publish a timely withdrawal in the Federal Register informing the
public that all or part of this rule will not take effect. EPA will
address all public comments in a subsequent final rule based on this
proposed rule. We will not institute a second public comment period on
this action. Any parties interested in commenting must do so at this
time.
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\1\ Formerly, the Society of Automotive Engineers.
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You may claim that information in your comments is confidential
business information, as allowed by 40 CFR part 2. If you submit
comments and include information that you claim as confidential
business information, we request that you submit them directly to
Margaret Sheppard in two versions: one clearly marked ``Public'' to be
filed in the public docket, and the other marked ``Confidential'' to be
reviewed by authorized government personnel only.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
It contains no new requirements for reporting. However, the Office of
Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations in
subpart G of 40 CFR part 82 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
numbers 2060-0226 (EPA ICR No. 1596.08). This Information Collection
Request (ICR) included five types of respondent reporting and
recordkeeping activities pursuant to SNAP regulations: submission of a
SNAP petition, filing a SNAP/TSCA Addendum, notification for test
marketing activity, recordkeeping for substitutes acceptable subject to
use restrictions, and recordkeeping for small volume uses. The OMB
control numbers for EPA's regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statutes unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this proposed rule because this
rule will not have a significant economic impact on a substantial
number of small entities. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; for NAICS code 336111 (Automobile
manufacturing), a small business has <1000 employees; and for NAICS
code 811111 (General Automotive Repair), a small business has annual
receipts of less than $7.0 million; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
This rule will not impose any requirements on small entities beyond
current industry practices. Today's action effectively ensures
consistency with current industry practices and standards, whereas
without these revisions, small businesses would need to reconcile
differences between EPA regulations and industry standards.
It is not clear that there would be any cost differential between
these new unique fittings, those used with the current automotive
refrigerant, HFC-134a, or other fittings that the automotive industry
could adopt instead. It is possible that the fittings required in the
revised use condition will be less expensive because they are a
standard shape and size easily produced in a metal-working shop. Thus,
cost impacts of this proposed rule on small entities are expected to be
small. This proposed rule is expected to relieve burden for some small
entities, such as automotive repair shops, by avoiding confusion over
which fittings to use and by using a more robust fitting that allows
quick detection of any leaks from the valve.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. EPA has
worked together with SAE International and with groups representing
professional service technicians such as the Mobile Air Conditioning
Society Worldwide, which conducts regular outreach with technicians and
owners of small businesses such as retail refrigerant suppliers and
automobile repair shops.
D. Unfunded Mandates Reform Act
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.
This final rule will not impose any requirements beyond current
industry practices, and thus, compliance costs are expected to be
small. Thus, this rule is not subject to the requirements of sections
202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The requirements of
this rule apply to the servicing of motor vehicle air conditioning
systems. The requirements of this rule for unique fittings are expected
to be comparable in cost to those of current fittings. Requirements
would be the same as those imposed on any other entity performing
servicing on motor vehicle air conditioning systems.
[[Page 16990]]
E. Executive Order 13132: Federalism
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This regulation applies directly
to facilities that use these substances and not to governmental
entities. Thus, Executive Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It does not
significantly or uniquely affect the communities of Indian tribal
governments, because this regulation applies directly to facilities
that use these substances and not to governmental entities. Thus,
Executive Order 13175 does not apply to this action.
EPA specifically solicits additional comment on this proposed
action from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not economically significant as defined in
Executive Order 12866, and the Agency does not have reason to believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children. This action concerns only
use of a specific fitting that may reduce technician's exposure in the
course of professional servicing of MVAC systems. Therefore, we did not
conduct further health or risk assessments beyond those in the original
rulemaking (March 29, 2011; 76 FR 17488). This rule is not subject to
Executive Order 13045 because it is not economically significant as
defined in Executive Order 12866 and because the Agency does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.
The public is invited to submit comments or identify peer-reviewed
studies and data that assess effects of early life exposure to HFO-
1234yf.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, Section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking involves technical standards. EPA proposes to use
SAE International's most recent version of the SAE J2844 standard, ``R-
1234yf (HFO-1234yf) New Refrigerant Purity and Container Requirements
for Use in Mobile Air-Conditioning Systems.'' This standard can be
obtained from http://www.sae.org/technical/standards/. This standard
addresses, among other things, appropriate fittings and other
requirements for refrigerant containers for use for professional
servicing of MVAC systems using the alternative refrigerant HFO-1234yf.
EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This final rule requires specific use conditions for
unique fittings for use with refrigerant containers for professional
servicing of MVAC systems, for those servicing MVAC systems using this
low global warming potential refrigerant alternative. It does not
directly affect the amount of exposure to or emissions of HFO-1234yf
expected.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements,
Stratospheric ozone layer.
Dated: March 15, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-6918 Filed 3-22-12; 8:45 am]
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