[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Proposed Rules]
[Pages 21871-21879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08667]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2012-0580 FRL-9798-4]
RIN 2060-AM09


Protection of Stratospheric Ozone: Revision of the Venting 
Prohibition for Specific Refrigerant Substitutes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency is proposing to amend the 
regulations promulgated as part of the National Recycling and Emission 
Reduction Program under section 608 of the Clean Air Act. EPA is 
proposing to exempt from the prohibition under section 608 on venting, 
release and disposal certain refrigerant substitutes listed as 
acceptable or acceptable subject to use conditions in regulations 
promulgated as part of EPA's Significant New Alternative Policy Program 
under section 612 of the Act on the basis of current evidence that 
their venting, release and disposal does not pose a threat to the 
environment.

DATES: Written comments on this proposed rule must be received by the 
EPA Docket on or before on June 11, 2013. Any Party requesting a public 
hearing must notify the contact listed below under FOR FURTHER 
INFORMATION CONTACT by 5 p.m. Eastern Standard Time on April 29, 2013. 
If a hearing is held, it will take place on or about May 7, 2013 at EPA 
Headquarters in Washington, DC. EPA will post a notice in our Web site, 
http://www.epa.gov/ozone/strathome.html, announcing further information 
should a hearing take place.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2012-0580. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form.

[[Page 21872]]

Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy from the EPA Air and 
Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC. This Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Sally Hamlin Stratospheric Protection 
Division, Office of Air and Radiation, MC 6205J, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (202) 343-9711; fax number: (202) 343-2338; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: This proposed action, if finalized as 
proposed, would extend the exemption from the venting prohibition at 40 
CFR 82.154(a)(1) to certain refrigerant substitutes in certain end-uses 
for which EPA has found the refrigerant substitutes acceptable or 
acceptable subject to use conditions under CAA section 612 and the 
implementing regulations at 40 CFR Part 82, Subpart G. Specifically, 
EPA is proposing to exempt from the venting prohibition isobutane (R-
600a) and R-441A, which were listed as acceptable, subject to use 
conditions, as refrigerant substitutes in household refrigerators, 
freezers, and combination refrigerators and freezers, and propane (R-
290), which was listed as acceptable, subject to use conditions, as a 
refrigerant substitute in retail food refrigerators and freezers 
(standalone units only).

Table of Contents

I. General Information
A. Does this action apply to me?
B. What abbreviations and acronyms are used in this action?
C. What should I consider as I prepare my comments for EPA?
II. How does the national recycling and emission reduction program 
work?
III. What is EPA's determination of whether venting, release or 
disposal poses a threat to the environment?
IV. What revision to the venting prohibition is EPA proposing?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments
G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations
VI. References

I. General Information

A. Does this action apply to me?

    Potentially regulated entities may include, but are not limited to, 
the following.

  Table 1--Potentially Regulated Entities, by North American Industrial
                   Classification System (NAICS) Code
------------------------------------------------------------------------
                                                Description of regulated
         Category               NAICS Code              entities
------------------------------------------------------------------------
Services..................             811412  Appliance repair and
                                                maintenance.
Industry..................             333415  Manufacturers of
                                                refrigerators, freezers,
                                                and other refrigerating
                                                or freezing equipment,
                                                electric or other; heat
                                                pumps not elsewhere
                                                specified or included
                                                (NESOI); and parts
                                                thereof.
Industry..................     562920, 423930  Facilities separating and
                                                sorting recyclable
                                                materials from non-
                                                hazardous waste streams
                                                (e.g., scrap yards) and
                                                merchant wholesale
                                                distribution of
                                                industrial scrap and
                                                other recyclable
                                                materials.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide regarding entities likely to be regulated by this proposed 
action. Other types of entities not listed in the table could also be 
affected. To determine whether your company is regulated by this 
action, you should carefully examine the applicability criteria 
contained in section 608 of the Clean Air Act (CAA, the Act) as 
amended, and relevant implementing regulations at 40 CFR Part 82, 
Subpart F. If you have any questions about whether this proposed action 
applies to a particular entity, consult the person listed in the 
preceding section, FOR FURTHER INFORMATION CONTACT.

B. What abbreviations and acronyms are used in this action?

ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ANSI--American National Standards Institute
CAA--Clean Air Act
CAS--Chemical Abstracts Service
CBI--confidential business information
CFC--chlorofluorocarbon
CFR--Code of Federal Regulations
EPA--United States Environmental Protection Agency
EO--Executive Order
FR--Federal Register
GWP--Global warming potential
HCFC-22--the chemical chlorodifluoromethane, CAS Reg No. 75-45-6
HCFC-142b--the chemical 1-chloro-1,1-difluoroethane, CAS Reg No. 75-
68-3
HFC--hydrofluorocarbon
HFC-134a--the chemical 1,1,1,2-tetrafluoroethane, CAS Reg. No. 811-
97-2
IDLH--Immediately Dangerous to Life and Health
LFL--lower flammability limit
MVAC--motor vehicle air conditioning
NIOSH--National Institute for Occupational Safety and Health
NPRM--Notice of Proposed Rulemaking
NTTAA--National Technology Transfer and Advancement Act
ODP--ozone depletion potential
ODS--ozone-depleting substance
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PEL--Permissible Exposure Level
ppm--parts per million
REL--Recommended Exposure Level
RFA--Regulatory Flexibility Act
SBREFA--Small Business Regulatory Enforcement Fairness Act
SNAP--Significant New Alternatives Policy
STEL--Short Term Exposure Limit
TWA--Time Weighted Average
UMRA--Unfunded Mandates Reform Act

C. What should I consider as I prepare my comments for EPA?

1. Confidential Business Information (CBI)
    Do not submit confidential business information (CBI) to EPA 
through http://www.regulations.gov or email. Submit information that 
you claim to be CBI to the person listed under the heading FOR FURTHER 
INFORMATION CONTACT. Clearly mark the part of the information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one

[[Page 21873]]

complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR 2.2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to do the following:
    (a) Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    (c) Explain why you agree or disagree with the proposal; suggest 
alternatives and substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information 
and/or data that you used in preparing your comments.
    (e) If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    (f) Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    (g) Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    (h) Make sure to submit your comments by the comment period 
deadline identified.

II. How does the national recycling and emission reduction program 
work?

A. What are the statutory requirements under section 608 of the Clean 
Air Act?

    Section 608 of the Act as amended, titled National Recycling and 
Emission Reduction Program, requires EPA to establish regulations 
governing the use and disposal of ozone-depleting substances (ODS) used 
as refrigerants, such as certain chlorofluorocarbons (CFCs) and 
hydrochlorofluorocarbons (HCFCs), during the service, repair, or 
disposal of appliances and industrial process refrigeration (IPR), 
including air-conditioning and refrigeration equipment. Section 608 
also prohibits any person in the course of maintaining, servicing, 
repairing, or disposing of an appliance or industrial process 
refrigeration, to knowingly vent or otherwise knowingly release or 
dispose of such ODS used as refrigerants therein in a manner which 
permits such substances to enter the environment. This prohibition 
similarly applies to the venting, release, or disposal of substitutes 
for such ODS used as refrigerants, unless the Administrator determines 
that venting, releasing, or disposing of such a substitute does not 
pose a threat to the environment.
    Section 608 is divided into three subsections. Briefly, section 
608(a) requires EPA to promulgate regulations to reduce the use and the 
emissions of class I substances (e.g., CFCs and halons) and class II 
substances (HCFCs) to the lowest achievable level and to maximize the 
recapture and recycling of such substances. Section 608(b) requires 
that the regulations promulgated pursuant to subsection (a) contain 
standards and requirements for the safe disposal of class I and class 
II substances. Finally, section 608(c) contains self-effectuating 
provisions that prohibit any person from knowingly venting, releasing 
or disposing of any class I or class II substances, and their 
substitutes, used as refrigerants in appliances or IPR in a manner 
which permits such substances to enter the environment during 
maintenance, repairing, servicing, or disposal of appliances or IPR.
    EPA's authority to propose the requirements in this Notice of 
Proposed Rulemaking (NPRM) is based on section 608. As noted above, 
section 608(a) requires EPA to promulgate regulations regarding use and 
disposal of class I and II substances to ``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.'' 
Section 608(c)(1) provides that, effective July 1, 1992, it is 
``unlawful for any person, in the course of maintaining, servicing, 
repairing, or disposing of an appliance or industrial process 
refrigeration, to knowingly vent or otherwise knowingly release or 
dispose of any class I or class II substance used as a refrigerant in 
such appliance (or industrial process refrigeration) in a manner which 
permits such substance to enter the environment.'' The statute exempts 
from this self-effectuating prohibition ``[d]e minimis releases 
associated with good faith attempts to recapture and recycle or safely 
dispose'' of such a substance. To implement and enforce the venting 
prohibition \1\, EPA, as codified in its regulations, interprets 
releases to meet the criteria for exempted ``de minimis'' releases if 
they occur when the recycling and recovery requirements of regulations 
promulgated under sections 608 and 609 are followed. 40 CFR 
82.154(a)(2).
---------------------------------------------------------------------------

    \1\ In this proposal, EPA sometimes uses the shorthand ``venting 
prohibition'' to refer to the section 608(c) prohibition of 
knowingly venting, releasing, or disposing of class I or class II 
substances, and their substitutes.
---------------------------------------------------------------------------

    Effective November 15, 1995, section 608(c)(2) of the Act extends 
the prohibition in section 608(c)(1) to knowingly venting or otherwise 
knowingly releasing or disposing of any refrigerant substitute for 
class I or class II substances by any person maintaining, servicing, 
repairing, or disposing of appliances or IPR. This prohibition applies 
to any such substitute substance unless the Administrator determines 
that such venting, releasing, or disposing ``does not pose a threat to 
the environment.'' Thus, section 608(c) provides EPA authority to 
promulgate regulations to interpret, implement, and enforce this 
venting prohibition, including authority to implement section 608(c)(2) 
by exempting certain substitutes for class I or class II substances 
from the prohibition when the Administrator determines that such 
venting, release, or disposal does not pose a threat to the 
environment.

B. What are the regulations against venting, releasing or disposing of 
refrigerant substitutes?

    Final regulations promulgated under section 608 of the Act, 
published on May 14, 1993 (58 FR 28660), established a recycling 
program for ozone-depleting refrigerants recovered during the servicing 
and maintenance of air-conditioning and refrigeration appliances. In 
the same 1993 final rule, EPA also promulgated regulations implementing 
the section 608(c) prohibition on knowingly venting, releasing or 
disposing of class I or class II controlled substances.\2\ These 
regulations substantially reduced the use and emissions of ozone-
depleting refrigerants.
---------------------------------------------------------------------------

    \2\ A list of ozone-depleting substances is available in 
Appendices A and B to Subpart A of Part 82.
---------------------------------------------------------------------------

    On June 11, 1998, EPA proposed to implement and clarify the 
requirements of section 608(c)(2) of the Act by clarifying how the 
prohibition on venting extends to substitutes for CFC and HCFC 
refrigerants (63 FR 32044). EPA issued a final rule March 12, 2004 (69 
FR 11946) and a second rule on April 13, 2005 (70 FR 19273) clarifying

[[Page 21874]]

how the venting prohibition in section 608(c) applies to refrigerant 
substitutes (e.g., hydrofluorocarbons (HFCs) and perfluorocarbons 
(PFCs) in part or whole) during the maintenance, service, repair, or 
disposal of appliances. These regulations were codified at 40 CFR part 
---------------------------------------------------------------------------
82, subpart F. The regulation at 40 CFR 82.154(a) states that:

``[e]ffective June 13, 2005, no person maintaining, servicing, 
repairing, or disposing of appliances may knowingly vent or 
otherwise release into the environment any refrigerant or substitute 
\3\ from such appliances, with the exception of the following 
substitutes in the following end-uses:
---------------------------------------------------------------------------

    \3\ ``Substitute,'' as defined at 40 CFR part 82, subpart F, is 
``any chemical or product, whether existing or new, that is used by 
any person as an EPA approved replacement for a class I or II ozone-
depleting substance in a given refrigeration or air-conditioning 
end-use.'' 40 CFR 82.152.
---------------------------------------------------------------------------

    i. Ammonia in commercial refrigeration, or in [IPR] or in 
absorption units;
    ii. Hydrocarbons in [IPR] (processing of hydrocarbons);
    iii. Chlorine in [IPR] (processing of chlorine and chlorine 
compounds);
    iv. Carbon dioxide in any application;
    v. Nitrogen in any application; or
    vi. Water in any application.
    (2) The knowing release of a refrigerant or non-exempt 
substitute subsequent to its recovery from an appliance shall be 
considered a violation of this prohibition. De minimis releases 
associated with good faith attempts to recycle or recover 
refrigerants or non-exempt substitutes are not subject to this 
prohibition.''

    As explained in EPA's earlier rulemaking concerning refrigerant 
substitutes, EPA has not promulgated regulations requiring 
certification of refrigerant recycling/recovery equipment intended for 
use with substitutes to date (70 FR 19275; April 13, 2005). However, as 
EPA has noted, the lack of a current regulatory provision should not be 
considered as an exemption from the venting prohibition for substitutes 
that are not expressly exempted in Sec.  82.154(a). Id. EPA has also 
noted that, in accordance with section 608(c) of the Act, the 
regulatory prohibition at Sec.  82.154(a) reflects the statutory 
references to de minimis releases of substitutes as they pertain to 
good faith attempts to recapture and recycle or safely dispose of non-
exempted substitutes. Id.

III. What is EPA's determination of whether venting, release or 
disposal poses a threat to the environment?

    Section 608(c)(2) extends the prohibition on venting in section 
608(c)(1) to substitutes for class I or class II substances, unless the 
Administrator determines that such venting, releasing, or disposing 
does not pose a threat to the environment. As explained above, in 
earlier rulemakings, EPA has exempted some refrigerant substitutes in 
specified end uses from the venting prohibition under CAA section 608, 
as addressed under 40 CFR 82.154(a)(1).
    Today EPA is proposing a determination to exempt from the venting 
prohibition three hydrocarbon refrigerant substitutes that EPA has 
previously listed as acceptable or acceptable subject to use conditions 
in the specified end uses under the Significant New Alternatives Policy 
(SNAP) program (76 FR 78832, December 20, 2011) as the venting, 
release, or disposal of these substitutes does not pose a threat to the 
environment. Specifically, EPA is proposing to exempt from the venting 
prohibition isobutane (R-600a) and R-441A, which were listed as 
acceptable, subject to use conditions, as refrigerant substitutes in 
household refrigerators, freezers, and combination refrigerators and 
freezers, and propane (R-290), which was listed as acceptable, subject 
to use conditions, as a refrigerant substitute in retail food 
refrigerators and freezers (standalone units only).
    This proposed exemption to the venting prohibition would not apply 
to refrigerants that are hydrocarbon blends containing any amount of 
any CFC, HCFC, HFC\4\, or PFC. EPA is seeking comment on this proposal 
that blends of hydrocarbons with any amount of any CFC, HCFC, HFC, or 
PFC not be exempt from the current prohibition on venting, release or 
disposal.
---------------------------------------------------------------------------

    \4\ Hydrofluorocarbons (HFCs) also include Hydrofluoroolefins 
(HFOs), which have at least one double bond between carbon atoms.
---------------------------------------------------------------------------

    The SNAP program, established under section 612 of the CAA, 
requires EPA to publish a list of substitutes for class I and class II 
substances that are unacceptable for certain uses and those that are 
acceptable for specific uses. In identifying acceptable substitutes 
under section 612(c), EPA is required to consider whether those 
substitutes present a significantly greater risk to human health and 
the environment as compared with other substitutes that are currently 
or potentially available. On March 18, 1994, EPA published the original 
rulemaking under section 612 of the CAA (59 FR 13044) which established 
the process for administering the SNAP program and issued EPA's first 
lists identifying acceptable and unacceptable substitutes in major 
industrial use sectors. The regulations are codified at 40 CFR Part 82, 
subpart G.
    For purposes of section 608(c)(2) of the CAA, EPA considers two 
factors in determining whether or not venting, release, or disposal of 
a substitute refrigerant during the maintenance, service, repair or 
disposing of appliances poses a threat to the environment. See 69 FR 
11948 (March 12, 2004). First, EPA determines whether venting, release, 
or disposal of the substitute refrigerant poses a threat to the 
environment due to inherent characteristics of the refrigerant, such as 
global warming potential. Second, EPA determines whether and to what 
extent such venting, release, or disposal actually takes place during 
the maintenance, servicing, repairing, or disposing of appliances, and 
to what extent such venting, release, or disposal is controlled by 
other authorities, regulations, or practices. To the extent that such 
releases are adequately controlled by other authorities, EPA defers to 
those authorities.
    In addressing these two factors, the analysis below discusses the 
potential environmental impacts and existing authorities, practices, 
and controls for isobutane (R-600a) and R-441A as substitutes in 
household refrigerators, freezers, and combination refrigerators and 
freezers; and propane (R-290) as a substitute in retail food 
refrigerators and freezers (standalone units only). These refrigerants 
and end-uses were evaluated and determined to be acceptable or 
acceptable subject to use conditions under SNAP in the December 20, 
2011 final rule.

A. Potential Environmental Impacts

    In the December 20, 2011 SNAP rule, EPA's analysis of environmental 
impacts for these refrigerant substitutes discussed four types of 
environmental risks: ozone depletion potential, global warming 
potential, volatile organic compound (VOC) effects, and ecosystem risks 
(76 FR 78838). For this proposal, EPA's discussion of potential 
environmental impacts for these refrigerant substitutes similarly 
focuses on the environmental risks associated with ozone depletion 
potential, global warming potential, VOC effects, and ecosystem risks.
    Hydrocarbons are VOCs. Hydrocarbons as VOCs can contribute to 
ground-level ozone (smog) formation and therefore indirectly contribute 
to global warming since the Intergovernmental Panel on Climate Change 
has identified ground-level ozone as a greenhouse gas.\5\ EPA's 1994 
risk screen document, which was

[[Page 21875]]

developed for the initial rule establishing the SNAP program listing 
hydrocarbons acceptable for an end-use (i.e., industrial process 
refrigeration--processing of hydrocarbons), describes the potential 
emissions of VOCs from all substitutes for all end-uses in the 
refrigeration and air-conditioning sector as likely to be insignificant 
relative to VOCs from all other sources (i.e., other industries, mobile 
sources, and biogenic sources).\6\ A more recent analysis indicates 
that in the extremely unlikely event that all appliances in end-uses 
recently found acceptable or acceptable with use conditions under SNAP 
(76 FR 78838; December 20, 2011) were to leak their entire hydrocarbon 
charge over the course of a year, the resulting increase in annual VOC 
emissions, as a percent of all annual VOC emissions in the U.S., would 
be negligible.\7\ Therefore, the use of these hydrocarbons in the 
household refrigeration and retail food refrigeration end-uses is 
sufficiently small that it would not have a noticeable impact on local 
air quality.
---------------------------------------------------------------------------

    \5\ Intergovernmental Panel on Climate Change (IPCC) 2001.
    \6\ EPA, 1994. Significant New Alternative Policy Technical 
Background Document.
    \7\ As EPA noted in the December 20, 2011 SNAP rule, as a 
percent of annual VOC emissions in the U.S., this represents 
approximately 5 x 10-\6\ percent (for isobutane in the 
household food refrigeration end-use), 5 x 10-\6\ percent 
(for propane in the retail food refrigeration end-use), and 3 x 
10-\7\ percent (for R-441A in the household food 
refrigeration end-use) (76 FR 78838).
---------------------------------------------------------------------------

    The global warming potential (GWP) of hydrocarbons is very low 
(i.e., less than 10). When compared to the GWP of other refrigerant 
substitutes, the GWPs of hydrocarbons are hundreds or thousands of 
times smaller, signifying significantly reduced global warming impact 
on a molecule per molecule basis. For example, the refrigerant 
substitutes R134A, R404A, R407C, and R410A have a GWP of 1430, 3920, 
1770, and 2090, respectively over a 100 year time horizon compared with 
the hydrocarbons in this rule that have a GWP of less than 10 
integrated over a 100 year time horizon.\8\ As noted in the preceding 
paragraph, the volume of hydrocarbons listed as acceptable or 
acceptable with use conditions under SNAP that could be released from 
the specific uses relevant to this proposal would be small. Relative to 
the enormous volume of carbon dioxide (CO2) that is emitted 
to the atmosphere, with its global warming potential (GWP) of one (1), 
the volume of hydrocarbons that are listed as refrigerant substitutes 
under SNAP that might be released to the atmosphere is so small that it 
would have a negligible impact on the global climate.
---------------------------------------------------------------------------

    \8\ Global warming potential values are from the IPCC Fourth 
Assessment Report: Climate Change 2007 (AR4).
---------------------------------------------------------------------------

    Hydrocarbons have an ozone depletion potential (ODP) of zero.\9\ 
The hydrocarbons listed as acceptable or acceptable with use conditions 
under SNAP do not contain chlorine or bromine, the two most prominent 
elements in chemicals that deplete stratospheric ozone.
---------------------------------------------------------------------------

    \9\ A chemical's ODP is the ratio of its impact on stratospheric 
ozone compared to the impact of an identical mass of 
trichlorofluoromethane (CFC-11). The ODP of CFC-11 is defined as 
1.0. The GWP quantifies a substance's potential integrated climate 
forcing relative to carbon dioxide (CO2) over a specified 
time horizon. The 100-year integrated GWPs of isobutane, propane, 
and hydrocarbon blend R-441A were estimated to be 8, 3, and less 
than 5, respectively (76 FR 78838; December 20, 2011).
---------------------------------------------------------------------------

    Similarly, EPA expects that releases of these hydrocarbons into the 
environment from their use as refrigerant substitutes will not pose 
significant ecosystem risks. Hydrocarbons are volatile and break down 
in the atmosphere into naturally-occurring compounds in a relatively 
short time frame, with atmospheric lifetimes between 7-8 days. Due to 
their fast interaction with OH radicals in the atmosphere and resulting 
decomposition, and the known degradation products from this reaction 
with OH radicals, EPA does not expect any significant amount of 
deposition to adversely affect aquatic or terrestrial ecosystems (76 FR 
78838; December 20, 2011).
    Based on this analysis, EPA is proposing to find that the venting, 
release, or disposal of isobutane (R-600a) and R-441A as substitutes in 
household refrigerators, freezers, and combination refrigerators and 
freezers; and propane (R-290) as a substitute in retail food 
refrigerators and freezers (standalone units only) is not expected to 
pose a significant threat to the environment based on the inherent 
characteristics of these substances.

B. Toxicity and Flammability

    In this section the Agency is providing information about toxicity 
and flammability of the three hydrocarbon refrigerants listed as 
acceptable or acceptable with use conditions under SNAP (76 FR 78832; 
December 20, 2011). Additional information is available in that final 
SNAP rule.
    Hydrocarbons, including propane, isobutane and the hydrocarbon 
blend known as R-441A, are classified as A3 refrigerants by the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) Standard 34-2010, indicating that they have low 
toxicity and high flammability. Like most refrigerants, hydrocarbons 
can displace oxygen at high concentrations and cause asphyxiation. The 
National Institute for Occupational Safety and Health (NIOSH) 
recommended exposure limits (RELs) time weighted average (TWAs) \10\ 
for propane, isobutane, and butane, are 1,000ppm, 800ppm, and 800ppm, 
respectively. The Occupational Safety and Health Administration (OSHA) 
established a Permissible Exposure Limit (PEL) for propane of 1,000 
ppm, and NIOSH established levels Immediately Dangerous to Life and 
Health (IDLHs) of 20,000 ppm and 50,000 ppm for propane and butane, 
respectively.
---------------------------------------------------------------------------

    \10\ REL-TWA is a time weighted average concentration for up to 
a 10-hour workday during a 40-hour workweek (NIOSH, 2005).
---------------------------------------------------------------------------

    In prior actions under SNAP, EPA has evaluated the risks 
hydrocarbons used in certain refrigerant end uses could pose to workers 
and consumers and found that occupational exposures to these 
hydrocarbons should not pose a toxicity threat in these end-uses 
because the time-weighted average (TWA) exposures were significantly 
below industry and government occupational exposure limits (76 FR 
78839; December 20, 2011).
    EPA estimated the maximum TWA exposure for worker exposure 
scenarios and compared this value to relevant exposure limits for 
isobutane, propane, and hydrocarbon blends. The modeling results 
indicated that both the short-term (15-minute and 30-minute) and long-
term (8-hour) worker exposure concentrations at no point are likely to 
exceed 2 percent (for isobutane), 50 percent (for propane), and 4 
percent (for hydrocarbon blends) of the NIOSH REL for isobutane and 
propane or the refrigerant components for the hydrocarbon blends (ICF, 
2009). \11\
---------------------------------------------------------------------------

    \11\ SNAP hydrocarbon rule docket EPA-HQ-OAR-2009-0286: 1) ICF, 
2009. ICF Consulting. `Significant New Alternatives Policy Program 
Refrigeration and Air Conditioning Sector--Risk Screen on 
Substitutes for CFC-12 in Household Refrigerators and Household 
Freezers--Substitute: Isobutane'', May 22, 2009. 2) ICF, 2009. ICF 
Consulting. ``Significant New Alternatives Policy Program 
Refrigeration and Air Conditioning Sector--Risk Screen on 
Substitutes for CFC-12, HCFC-22 and R502 in Retail Food 
Refrigeration--Substitute: Propane'', May 26, 2009. 3) ICF, 2009. 
ICF Consulting. ``Significant New Alternatives Policy Program in the 
Household Refrigeration Sector--Risk Screen on Substitutes for CFC-
12 and HCFC-22 in Household Refrigerators, Household Freezers and 
Window AC Units--Substitute: HCR-188C'', July 17, 2009. 4) ICF, 
2009. ICF Consulting. ``Significant New Alternatives Policy Program 
in the Household Refrigeration Sector--Risk Screen on Substitutes 
for CFC-12 and HCFC-22 in Household Refrigerators and Freezers-
Substitute: HCR-188C1'', November 6, 2009.

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

[[Page 21876]]

    EPA assessed the consumer and end-user exposure to the three 
hydrocarbons in both the household refrigeration end-use and for the 
retail food end-use. Even under the very conservative reasonable worst-
case scenarios that were modeled, EPA found that exposures to any of 
the three hydrocarbons would not pose a toxicity threat because the 
TWAs were significantly lower than the NOAEL and/or acute exposure 
guideline level (AEGL).\12\
---------------------------------------------------------------------------

    \12\ Ibid.
---------------------------------------------------------------------------

    EPA has also evaluated the exposure risks to the general population 
for the use of the three hydrocarbons as a refrigerant in their 
respective end-uses. EPA concluded in a SNAP final rule (76 FR 78832; 
December 20, 2011) that these hydrocarbons are unlikely to pose a 
toxicity risk to the general population, when used according to the 
applicable use conditions or regulations.
    Hydrocarbons have lower flammability limits (LFLs) \13\ ranging 
from 16,000 ppm to 21,000 ppm.\14\ In prior rulemakings, EPA evaluated 
the potential risks of fire from the use of hydrocarbons as 
refrigerants in certain appliances, and engineering approaches to avoid 
ignition sources from the appliance. To address flammability risks, EPA 
issued recommendations for their safe use in certain end-uses through 
SNAP rulemakings (59 FR 13044; 76 FR 78832) and specified use 
conditions for some end-uses.\15\ These SNAP rules indicated that 
existing regulatory requirements and industry standards and practices 
adequately protect workers, the general population, and the environment 
from the flammability risks from hydrocarbon refrigerants. Furthermore, 
the Agency believes that the flammability risks and occupational 
exposures to hydrocarbons are adequately regulated by OSHA, building, 
and fire codes at a local and national level.
---------------------------------------------------------------------------

    \13\ LFL is the minimum concentration in air at which flame 
propagation occurs.
    \14\ Isobutane, propane and a hydrocarbon blend, R-441a, have a 
LFL of 18,000ppm, 21,000ppm, and 16,000ppm, respectively.
    \15\ Use conditions for hydrocarbons in certain refrigeration 
end-uses are found at 40 CFR part 82 subpart G, appendix R.
---------------------------------------------------------------------------

C. Authorities, Controls and Practices

    Within the heating, ventilation, and air-conditioning (HVAC) sector 
and the refrigeration sector, EPA has approved hydrocarbons under the 
SNAP program for use in IPR (processing of hydrocarbons), in household 
refrigeration, and in retail food (stand-alone units) refrigeration 
systems. In these applications, hydrocarbons have the potential to come 
into contact with workers, the general population, and the environment. 
However, analyses performed for both this proposed rule and the SNAP 
rules issued in 1994 and 2011 (59 FR 13044 and 76 FR 38832, 
respectively) indicate that existing regulatory requirements and 
industry practices designed to limit and control these substances 
adequately control the emission of the listed hydrocarbon refrigerants. 
EPA concludes that the limits and controls under other authorities, 
regulations or practices adequately control the release and exposure to 
the three hydrocarbons and mitigate risks from any possible release. 
This conclusion is relevant to the second factor mentioned above in the 
overall determination of whether venting, release, or disposal of a 
substitute refrigerant poses a threat to the environment--that is, a 
consideration of the extent that such venting, release, or disposal is 
adequately controlled by other authorities, regulations, or practices. 
As such, this conclusion is another part of the determination that the 
venting, release or disposal of these three hydrocarbon refrigerants 
does not pose a threat to the environment.
    Industry service practices for hydrocarbon refrigeration equipment, 
according to industry and OSHA guidelines and standards, include 
monitoring efforts, engineering controls, and operating procedures. 
System alarms, flame detectors, and fire sprinklers are used to protect 
worker, process, and storage areas. During servicing, OSHA requirements 
are followed, including continuous monitoring of explosive gas 
concentrations and oxygen levels.\16\
---------------------------------------------------------------------------

    \16\ The OSHA standards and requirements for servicing 
hydrocarbons, as per 29 CFR 1910, include parts 1910.24 (on 
ventilation), 1910.106 (on flammable and combustible liquids), 
1910.110 (on storage and handling of liquified petroleum gases), and 
1910.1000 (on toxic and hazardous substances).
---------------------------------------------------------------------------

    In general, hydrocarbon emissions from refrigeration systems are 
likely to be significantly smaller than those emanating from the 
industrial process and storage systems, which are controlled for safety 
reasons. Further, in the SNAP rule listing hydrocarbons as acceptable 
subject to use conditions for use in household and commercial stand-
alone refrigerators and freezers, the amount of refrigerant from a 
refrigerant loop is limited (57g for household refrigerators and 
freezers and 150g for commercial stand-alone refrigerators and 
freezers), indicating that hydrocarbon emissions are likely to be 
relatively small and adequately controlled.
    Occupational exposures to hydrocarbons are primarily controlled by 
OSHA requirements and national and local building and fire codes. 
OSHA's Process Safety Management, confined space entry, and HAZWOPER 
requirements apply to all hydrocarbon refrigerants. These requirements 
include employee training, emergency response plans, air monitoring, 
and written standard operating procedures.
    Hydrocarbons are regulated as VOCs under sections of the Clean Air 
Act that address attainment and maintenance of the National Ambient Air 
Quality Standards for ground level ozone, including those sections 
addressing development of State Implementation Plans and those 
addressing permitting of VOC sources.
    The release and/or disposal of many refrigerant substitutes, 
including hydrocarbons, are controlled by other authorities including 
those established by OSHA and NIOSH guidelines, various standards, and 
state and local building codes. To the extent that release during the 
maintenance, repair, servicing or disposal of appliances is controlled 
by regulations and standards of other authorities, EPA believes these 
practices and controls for the use of hydrocarbons are sufficiently 
protective. These practice and controls could help mitigate any risk to 
the environment that may be posed by the venting, release or disposal 
of these three hydrocarbon refrigerants during the maintaining, 
servicing, repairing, or disposing of appliances. This conclusion 
addresses the second factor in the analysis described above and is thus 
part of the determination that the venting, release or disposal of 
these hydrocarbon refrigerant substitutes does not pose a threat to the 
environment.

D. Conclusion

    EPA has reviewed the potential environment impacts of three 
hydrocarbon refrigerants in the end uses that we have listed as 
acceptable or acceptable subject to use conditions under SNAP, as well 
as the authorities, controls and practices in place for these three 
hydrocarbon refrigerants. Based on this review, EPA concludes that 
these three hydrocarbon refrigerants are not expected to pose a 
significant threat to the environment based on the inherent 
characteristics of these substances and the limited quantities used in 
the relevant applications. EPA additionally concludes that existing 
authorities, controls, and practices help mitigate environmental risk 
from the release of these three hydrocarbon refrigerants. In light of 
these two conclusions, EPA is proposing to determine, in accordance

[[Page 21877]]

with 608(c)(2), that based on current evidence and risk analyses, the 
venting, release or disposal of these hydrocarbon refrigerants does not 
pose a threat to the environment. EPA is therefore proposing to extend 
the regulatory exemption from the venting prohibition at 40 CFR 
82.154(a)(1) that is currently in place for hydrocarbons used in IPR, 
to include the other uses for which hydrocarbons have been found 
acceptable or acceptable subject to conditions of use under the SNAP 
program. EPA requests comment on this proposed determination and 
action.

IV. What revision to the venting prohibition is EPA proposing?

    EPA is proposing to revise the existing prohibition against knowing 
venting of refrigerant substitutes, extending the exemption to certain 
refrigerants consisting wholly of hydrocarbons and used in 
refrigeration uses listed by EPA as acceptable or acceptable subject to 
use conditions under EPA's SNAP program.\17\ This is separate from and 
in addition to the current exemption for hydrocarbon refrigerants used 
in IPR.\18\ EPA is proposing to find that for the purposes of CAA 
section 608(c)(2), the venting, release or disposal of such hydrocarbon 
refrigerants from appliances does not pose a threat to the environment, 
considering both the inherent characteristics of these substances and 
other authorities, controls and practices that apply to such 
refrigerants. This proposed exemption to the venting prohibition would 
apply to the three hydrocarbons where they are used in household food 
refrigeration units and retail food refrigeration (stand-alone units); 
a separate exemption has already been promulgated for certain 
hydrocarbons in IPR (processing of hydrocarbons), and we are not 
proposing to amend that exemption in this rulemaking. Today's proposal 
would exempt from the prohibition against knowing venting during the 
maintenance, servicing, repair or disposal of appliances three 
hydrocarbon refrigerants listed as acceptable or acceptable subject to 
use conditions by the SNAP program: propane, isobutane, and the 
hydrocarbon blend R-441A.
---------------------------------------------------------------------------

    \17\ Hydrocarbons (propane or R-290, butane or R-600, 
hydrocarbon blend A, and hydrocarbon blend B) were listed as 
acceptable substitutes in industrial process refrigeration 
(processing of hydrocarbons) (59 FR 13044). On December 20, 2011, 
EPA published a final rule (76 FR 78832) listing certain 
hydrocarbons (i.e., isobutane, propane, and hydrocarbon blend R-
441A) as acceptable subject to use conditions in some refrigeration 
end-uses.
    \18\ See 40 CFR 82.154(a), 69 FR 11979, and 70 FR 19278.
---------------------------------------------------------------------------

    Today's proposed changes would not affect the existing regulatory 
exemptions from the venting prohibition under 608(c)(2) for refrigerant 
substitutes (i.e., ammonia in commercial refrigeration, or IPR, or in 
absorption units; hydrocarbons in IPR--processing of hydrocarbons; 
chlorine in IPR--processing of chlorine and chlorine compounds; carbon 
dioxide in any application; nitrogen in any application; or water in 
any application). EPA previously issued a determination finding these 
refrigerant substitutes do not pose a threat to the environment and 
amended the regulations at Sec.  82.154(a)(1) to exempt these 
substitutes in these uses from the venting prohibition (69 FR 11946, 
March 12, 2004; 70 FR 19278, April 13, 2005). EPA is not proposing to 
amend those provisions, and therefore, this proposal should not affect 
those prior exemptions to the venting prohibition.
    EPA requests comments on today's proposed determination exempting 
from the venting prohibition three hydrocarbon refrigerants listed as 
acceptable or acceptable subject to use conditions by the SNAP program 
(propane, isobutane, and the hydrocarbon blend R-441A). Finally, EPA is 
not proposing recapture or recycling requirements for hydrocarbons at 
this time as the Agency believes that recovery equipment designed 
specifically for flammable refrigerants is not yet widely manufactured 
or commercially available in the U.S. However, EPA recommends the use 
of recovery equipment designed for flammable refrigerants, when such 
becomes available, in accordance with applicable safe handling 
practices.\19\ While EPA is not proposing recapture or recycling 
requirements at this time, EPA often provides information concerning 
best practices used by technicians. Therefore, EPA requests comments on 
whether hydrocarbon refrigerants should be first recovered and then 
released to the atmosphere particularly in an area where ventilation or 
access to outside environment is limited (e.g., room with no windows) 
and whether this is already common practice today. In addition, EPA is 
seeking comments about what recovery equipment should be used for 
recovering isobutane (R-600a) and R-441A, from household refrigerators, 
freezers, and combination refrigerators and freezers, as well as 
recovering propane (R-290) from retail food refrigerators and freezers 
(standalone units only).
---------------------------------------------------------------------------

    \19\ EPA provided recommendations on the safe use and handling 
of hydrocarbons in a SNAP rulemaking listing certain hydrocarbons 
acceptable subject to use conditions in some refrigeration end-uses 
(76 FR 78855; December 20, 2011). Recommendations are also found at 
40 CFR part 82, subpart G, appendix R.
---------------------------------------------------------------------------

V. 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 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This action 
is an Agency determination. It contains no new requirements for 
reporting. The Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in the 
existing regulations in subpart F 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 2060-0256. The OMB control numbers for 
EPA's regulations are listed in 40 CFR Part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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 statute 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.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business that is 
primarily engaged in the repair and maintenance of appliances and 
defined by NAIC code 811412 with annual receipts of less than 14 
million dollars, or engaged in separating and sorting recyclable 
materials from non-hazardous waste streams (e.g., scrap yards) and 
defined by NAIC code 562920 with annual receipts of less than 19 
million dollars, and merchant wholesale distribution of industrial 
scrap and other recyclable materials and defined by NAIC code 423930 
with

[[Page 21878]]

fewer than 100 employees (based on Small Business Administration size 
standards), (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, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This proposed rule, if it becomes final, is primarily deregulatory 
as it would exempt persons from the prohibition under section 608(c)(2) 
of the Clean Air Act, and as implemented by regulations at 40 CFR 
82.145(a)(1), against knowingly venting or otherwise knowingly 
releasing or disposing of three specific hydrocarbon refrigerants 
during the maintenance, servicing, repair or disposal of appliances. We 
have therefore concluded that today's proposed rule will relieve 
regulatory burden for all affected small entities. We continue to be 
interested in the potential impacts of the proposed rule on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Thus, this action is not 
subject to the requirements of sections 202 and 205 of the UMRA. This 
action 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. This action is deregulatory in 
nature and, if finalized as proposed, would create an exemption from a 
statutory and regulatory requirement.

E. Executive Order 13132: Federalism

    This action 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 EO 13132 (64 FR 43255, August 10, 1999). This action is 
deregulatory in nature and, if finalized as proposed, would create an 
exemption from a statutory and regulatory requirement, which would be 
benefit any state, local, or tribal government to the extent that they 
are affected. Thus, EO 13132 does not apply to this proposed 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 EO 
13175 (65 FR 67249, November 6, 2000). The proposed rule, if finalized, 
is deregulatory in nature and would create an exemption that could be 
available for the tribal communities or Indian tribal governments. 
Thus, EO 13175 does not apply to this proposed rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to the EO 13045 (62 FR 19885, April 23, 
1997) because it is not economically significant as defined in 
Executive Order 12866, and because the Agency does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. This action's health and risk 
assessments are contained in sections III in the preamble. The public 
is invited to submit comments or identify peer-reviewed studies and 
data that assess effects of early life exposure to the three 
hydrocarbon refrigerants that are the subject of this proposal.

H. Executive Order 13211: Actions 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 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. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This proposed 
rule does not involve technical standards. Therefore, EPA is not 
considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629; February 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 exempting certain 
hydrocarbons from the venting prohibition in end uses listed as 
acceptable or acceptable subject to use conditions will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the release of 
hydrocarbons refrigerants would not pose a threat to the environment. 
This proposed action would not have any disproportionately high and 
adverse human health or environmental effects on any

[[Page 21879]]

population, including any minority or low-income population.

VI. References

    The documents below are referenced in the preamble. All documents 
are located in the Air Docket at the address listed in section titled 
ADDRESSES at the beginning of this document. Unless specified 
otherwise, all documents are available in Docket ID No. EPA-HQ-OAR-
2012-0580 at http://www.regulations.gov.

A.D. Little, 1991. Risk Assessment of Flammable Refrigerants for Use 
in Home Appliances (draft report). Arthur D. Little, Inc., for EPA, 
Division of Global Change. September 10, 1991. Docket item EPA-HQ-
OAR-2009-0286-0023.
ASHRAE, 2010. American National Standards Institute (ANSI)/American 
Society of Heating, Refrigerating and Air-Conditioning Engineers 
(ASHRAE). Standard 34-2010: Designation and Safety Classification of 
Refrigerants. 2010. (Supersedes ANSI/ASHRAE Standard 34-2007.)
EPA, 1994. Significant New Alternatives Policy Technical Background 
Document: Risk Screen on the Use of Substitutes for Class I Ozone-
Depleting Substances: Refrigeration and Air Conditioning. 
Stratospheric Protection Division. March, 1994.
ICF, 2009. ICF Consulting. ``Significant New Alternatives Policy 
Program Refrigeration and Air Conditioning Sector--Risk Screen on 
Substitutes for CFC-12 in Household Refrigerators and Household 
Freezers--Substitute: Isobutane'', May 22, 2009.
ICF, 2009. ICF Consulting. ``Significant New Alternatives Policy 
Program Refrigeration and Air Conditioning Sector--Risk Screen on 
Substitutes for CFC-12, HCFC-22 and R502 in Retail Food 
Refrigeration--Substitute: Propane'', May 26, 2009.
ICF, 2009. ICF Consulting. ``Significant New Alternatives Policy 
Program in the Household Refrigeration Sector--Risk Screen on 
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators, 
Household Freezers and Window AC Units--Substitute: HCR-188C'', July 
17, 2009.
ICF, 2009. ICF Consulting. ``Significant New Alternatives Policy 
Program in the Household Refrigeration Sector--Risk Screen on 
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and 
Freezers- Substitute: HCR-188C1'', November 6, 2009.
ICF, 2011a. ICF Consulting. ``Significant New Alternatives Policy 
Program Refrigeration and Air Conditioning Sector--Risk Screen on 
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and 
Household Freezers-- Substitute: Isobutane.'' June 2011.
ICF, 2011b. ICF Consulting. ``Significant New Alternatives Policy 
Program Refrigeration and Air Conditioning Sector--Risk Screen on 
Substitutes for CFC-12, HCFC-22 and R502 in Retail Food 
Refrigeration--Substitute: Propane.'' June 2011.
ICF, 2011c. ICF Consulting. ``Significant New Alternatives Policy 
Program in the Household Refrigeration Sector--Risk Screen on 
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and 
Freezers--Substitute: R-441.'' June 2011.
ICF, 2011d. ICF Consulting. ``Additional end-uses modeling for 
household refrigerators and freezers.'' July 2011.
AR4, 2007, the Fourth Assessment Report (AR4) of the 
Intergovernmental Panel on Climate Change (IPCC), Climate Change 
2007.
TEAP, 2010. United Nations Environment Programme. Report of the 
Technology and Economic Assessment Panel. Available online at http://ozone.unep.org/teap/Reports/TEAP_Reports/teap-2010-progressreport-volume2-May2010.pdf.
UL, 2000. UL 250: Household Refrigerators and Freezers. 10th 
edition. Supplement SA: Requirements for Refrigerators and Freezers 
Employing a Flammable Refrigerant in the Refrigerating System. 
Underwriters Laboratories, Inc. August 25, 2000.
UL, 2010. UL 471. Commercial Refrigerators and Freezers. 10th 
edition. Supplement SB: Requirements for Refrigerators and Freezers 
Employing a Flammable Refrigerant in the Refrigerating System. 
Underwriters Laboratories, Inc. November 24, 2010.
UL, 2011. Revisiting Flammable Refrigerants. White Paper. 
Underwriters Laboratories, Inc. February, 2011.
World Meteorological Organization (WMO), 2011. WMO Scientific 
Assessment of at http://ozone.unep.org/Assessment_Panels/SAP/Scientific--Assessment--2010/index.shtml. Ozone Depletion: 2010. 
Available online.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Recycling, Reporting and recordkeeping 
requirements, Stratospheric ozone layer.

    Dated: March 28, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons set out in the preamble, 40 CFR part 82 is proposed 
to be amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

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

0
2. Section 82.154 is amended by adding section vii to paragraph (a)(1) 
to read as follows:


Sec.  82.154  Prohibitions.

    (a)(1) * * *
    (vii) Effective [DATE 60 days after publication of final rule in 
the Federal Register], isobutane (R-600a) and R-441A as substitutes in 
household refrigerators, freezers, and combination refrigerators and 
freezers; and propane (R-290) as a substitute in retail food 
refrigerators and freezers (standalone units only).

[FR Doc. 2013-08667 Filed 4-11-13; 8:45 am]
BILLING CODE 6560-50-P