[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58154-58156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9968-23-OAR]
RIN 2060-AT53


Protection of Stratospheric Ozone: Revision to References for 
Refrigeration and Air Conditioning Sector To Incorporate Latest Edition 
of Certain Industry, Consensus-Based Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to 
modify the use conditions required for use of three flammable 
refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new 
household refrigerators, freezers, and combination refrigerators and 
freezers under the Significant New Alternatives Policy (SNAP) program. 
The use conditions, which address safe use of flammable refrigerants, 
would reflect the incorporation by reference of an updated standard 
from Underwriters Laboratories. In the ``Rules and Regulations'' 
section of this Federal Register, we are modifying these use conditions 
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 on or before January 25, 2018. 
Any party requesting a public hearing must notify the contact listed 
below under FOR FURTHER INFORMATION CONTACT by December 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0472, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the Web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric 
Protection Division, Office of Atmospheric Programs (Mail Code 6205T), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-564-7768; email address: 
[email protected]. Notices and rulemakings under EPA's 
Significant New Alternatives Policy program are available on EPA's 
Stratospheric Ozone Web site at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION: 

I. What is EPA proposing?

    This action proposes to revise the use conditions for three 
flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-
290), and R-441A, used in new household refrigerators, freezers, and 
combination refrigerators

[[Page 58155]]

and freezers under EPA's Significant New Alternatives Policy (SNAP) 
program. This action would replace four of the five use conditions in 
our previous hydrocarbon refrigerants rules (76 FR 78832, December 20, 
2011; 80 FR 19454, April 10, 2015) with the updated Underwriters 
Laboratories (UL) Standard 60335-2-24 (2nd edition, April 28, 2017), 
``Household and Similar Electrical Appliances--Safety--Part 2-24: 
Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers.'' UL Standard 60335-2-24 supersedes the 
current edition of UL Standard 250 (10th edition, August 25, 2000), 
``Household Refrigerators and Freezers,'' which EPA previously 
incorporated by reference in the use conditions of the acceptability 
listings for these three refrigerants (76 FR 78832, December 20, 2011; 
80 FR 19454, April 10, 2015). The use conditions would include a charge 
limit of 150 grams (5.29 ounces) for each separate refrigerant circuit 
in a refrigerator or freezer, consistent with UL Standard 60335-2-24. 
The use conditions that would be replaced are reflected in the 
provisions of UL Standard 60335-2-24 and would be redundant of the 
standard. Elsewhere in this Federal Register, EPA is taking this action 
as a direct final rule without prior proposal because EPA views this as 
a noncontroversial revision and anticipates no adverse comments. This 
action does not place any significant burden on the regulated community 
and ensures consistency with industry standards. We have explained our 
reasons for this action in the preamble to the direct final rule.
    If we receive no adverse comment, 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.
    We will not institute a second comment period on this action. Any 
parties interested in commenting on this action should do so at this 
time. For further information, please see the information provided in 
the ADDRESSES section of this document.
    If requested by the date specified in the DATES section of this 
notice, EPA will hold a public hearing to accept oral testimony on this 
proposal on or before December 26, 2017 in Washington, DC. EPA will 
post all information regarding any public hearing on this proposed 
action, including whether a hearing will be held, its location, date, 
and time, if applicable, and any updates online at https://www.epa.gov/snap. In addition, you may contact Ms. Chenise Farquharson at (202) 
564-7768 or by email at [email protected] with public hearing 
requests and inquiries. EPA does not intend to publish any future 
notices in the Federal Register regarding a public hearing on this 
proposed rule and directs all inquiries regarding a hearing to the Web 
site and contact person identified above.

II. Does this action apply to me?

    This notice of proposed rulemaking would regulate the use of three 
flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-
290), and the hydrocarbon blend R-441A, in new household refrigerators, 
freezers, and combination refrigerators and freezers. Table 1 
identifies industry subsectors that might want to explore the use of 
these flammable refrigerants in this end-use or that might work with 
equipment using these refrigerants in the future. Regulated entities 
may include:

  Table 1--Potentially Regulated Entities by North American Industrial
                   Classification System (NAICS) Code
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                                                        Description of
              Category                  NAICS code    regulated entities
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Industry............................          333415  Manufacturers of
                                                       Refrigerators,
                                                       Freezers, and
                                                       Other
                                                       Refrigerating or
                                                       Freezing
                                                       Equipment,
                                                       Electric or Other
                                                       (NESOI); Heat
                                                       Pumps Not
                                                       Elsewhere
                                                       Specified or
                                                       Included; and
                                                       Parts Thereof.
Industry............................          335222  Household
                                                       Refrigerator and
                                                       Home Freezer
                                                       Manufacturing.
Industry............................          811412  Appliance Repair
                                                       and Maintenance.
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    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 regulated. To determine whether 
your entity is regulated by this action, you should carefully examine 
the applicability criteria found in 40 CFR part 82. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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 and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
requirements contained in the existing regulations and has assigned OMB 
control number 2060-0226. This rule contains no new requirements for 
reporting or recordkeeping.

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. 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, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule.
    The use conditions of this rule would apply to manufacturers of new 
household refrigerators and freezers, that choose to use flammable 
refrigerants. This action would allow equipment manufacturers to use 
flammable refrigerants at a higher charge size than previously allowed 
in

[[Page 58156]]

new household refrigerators and freezers but does not mandate such use; 
the change to the use conditions allows more flexibility for 
manufacturers in the design of equipment and thus reduces regulatory 
burden to the regulated community. In some cases, it may reduce costs 
by allowing manufacturers to design equipment with a single, larger 
refrigerant circuit instead of multiple, smaller refrigerant circuits 
for the same piece of equipment.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

F. 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because EPA 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 risk screens 
for the various substitutes.\1 2 3\ The risk screens are available in 
the docket for this rulemaking.
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    \1\ ICF, 2017a. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Propane (R-290).
    \2\ ICF, 2017b. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
    \3\ ICF, 2017c. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: R-441A.
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I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action involves a technical standard. EPA is proposing to 
revise the use conditions for the household refrigerators and freezers 
end-use by incorporating by reference the UL Standard 60335-2-24, 
``Safety Requirements for Household and Similar Electrical Appliances, 
Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers'' (2nd edition, April 2017), which 
establishes requirements for the evaluation of household and similar 
electrical appliances, and safe use of flammable refrigerants. UL 
Standard 60335-2-24 supersedes the current edition of UL Standard 250, 
Supplement A, ``Requirements for Refrigerators and Freezers Employing a 
Flammable Refrigerant in the Refrigerating System'' (10th Edition, 
August 2000. EPA's revision to the use conditions will replace the 2000 
UL standard 250 with the 2017 UL standard 60335-2-24. This standard is 
available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be purchased by mail at: COMM 2000, 151 
Eastern Avenue, Bensenville, IL 60106; Email: 
[email protected]; Telephone: 1-888-853-3503 in the U.S. or 
Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of UL 60335-2-24 is $454 for an 
electronic copy and $567 for hardcopy. UL also offers a subscription 
service to the Standards Certification Customer Library (SCCL) that 
allows unlimited access to their standards and related documents. The 
cost of obtaining this standard is not a significant financial burden 
for equipment manufacturers and purchase is not required for those 
selling, installing and servicing the equipment. Therefore, EPA 
concludes that the UL standard being incorporated by reference is 
reasonably available.

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

    The human health or environmental risk addressed by this action 
will not have potential disproportionately high and adverse human 
health or environmental effects on minority, low-income or indigenous 
populations. This action's health and environmental risk assessments 
are contained in the risk screens for the various substitutes. The risk 
screens are available in the docket for this rulemaking.

List of Subjects in 40 CFR Part 82

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

    Dated: November 20, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-26084 Filed 12-8-17; 8:45 am]
BILLING CODE 6560-50-P