[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58122-58129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26085]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9968-24-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: Direct final rule.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking 
direct final action 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, are being revised to reflect the incorporation 
by reference of an updated standard from Underwriters Laboratories.

DATES: This rule is effective on March 12, 2018 without further notice, 
unless EPA receives adverse comment by January 25, 2018. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. Any party requesting a public hearing must notify the contact 
listed below under FOR FURTHER INFORMATION CONTACT by December 18, 
2017. The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register as of 
March 12, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2017-0472. All documents in the docket are listed on the 
https://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. Publicly available docket materials are available 
electronically through https://www.regulations.gov or in hard copy at 
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Avenue NW., Washington, DC. The 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: 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: We are modifying 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 and freezers (hereafter ``household 
refrigerators and freezers'') by replacing 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.'' See EPA's two previous rules (76 FR 78832, 
December 20, 2011; 80 FR 19454, April 10, 2015) for information on the 
SNAP program and the use conditions for isobutane, propane, and R-441A. 
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). This 
action applies to new refrigerators, freezers, and combination 
refrigerator and freezers manufactured after the effective date of this 
regulation. This action does not place any significant burden on the 
regulated community and ensures consistency with standard industry 
practices.
    EPA is publishing this rule without a prior proposed rule because 
we view this as a noncontroversial action and

[[Page 58123]]

anticipate no adverse comment. In the ``Proposed Rules'' section of 
this Federal Register, we are publishing a separate document that will 
serve as the proposed rule to modify these use conditions if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that all or 
part of this direct final rule will not take effect. We would address 
all public comments in any subsequent final rule based on the proposed 
rule.
    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 
inquiries. EPA does not intend to publish any future notices in the 
Federal Register regarding a public hearing on this action and directs 
all inquiries regarding a hearing to the Web site and contact person 
identified above.
    You may claim that information in your comments is CBI, as allowed 
by 40 CFR part 2. If you submit comments and include information that 
you claim as CBI, we request that you submit them directly to Chenise 
Farquharson at the address under FOR FURTHER INFORMATION CONTACT 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. This information will remain 
confidential unless EPA determines, in accordance with 40 CFR part 2, 
subpart B, that the information is not subject to protection as CBI.

Table of Contents

I. Does this action apply to me?
II. Background
    A. What is the affected end-use?
    B. Refrigerant Flammability
    C. Use Conditions
    D. Revised UL Standard 60335-2-24
III. What action is the Agency taking?
    A. Use Conditions
    B. Incorporation by Reference
    C. Equipment Manufactured Prior to Effective Date of This Rule
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act
    E. Unfunded Mandates Reform Act
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act
V. References

I. Does this action apply to me?

    This final rule regulates the use of three flammable hydrocarbon 
refrigerants, isobutane, propane, and the hydrocarbon blend R-441A, in 
new household refrigerators and freezers. Table 1 identifies industry 
subsectors that may wish to explore the use of these flammable 
refrigerants in this end-use or that may 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
------------------------------------------------------------------------
                                                        Description of
              Category                  NAICS code    regulated entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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.

II. Background

A. What is the affected end-use?

    Household refrigerators, freezers, and combination refrigerators 
and freezers are intended primarily for residential use, although they 
may be used outside the home (e.g., workplace kitchen pantries). The 
designs and refrigeration capacities of equipment vary widely. This 
equipment is composed of three main categories--household freezers only 
offer storage space at freezing temperatures, household refrigerators 
only offer storage space at non-freezing temperatures, and products 
with both a refrigerator and freezer in a single unit are most common 
and are referred to as combination refrigerators and freezers. Small 
refrigerated household appliances exist (e.g., chilled kitchen drawers, 
wine coolers, and mini-fridges) that are also within this end-use. 
Throughout this notice, we refer to all of these uses with the phrase 
``household refrigerators and freezers.'' Household refrigerators and 
freezers have all refrigeration components integrated, and for the 
smallest types, the refrigeration circuit is entirely brazed or welded. 
These systems are charged with refrigerant at the factory and typically 
require only an electricity supply to begin operation.
    The 2014 American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Handbook of Refrigeration provides an 
overview of food preservation in regards to household refrigerators and 
freezers. Generally, a storage temperature between 32 and 39 [deg]F (0 
to 3.9 [deg]C) is desirable for preserving fresh food.

[[Page 58124]]

Humidity and higher or lower temperatures are more suitable for certain 
foods and beverages. Wine chillers, for example, are frequently used 
for storing wine, and have slightly higher optimal temperatures from 45 
to 65 [deg]F (7.2 to 18.3 [deg]C). Freezers and combination 
refrigerators and freezers that are designed to store food for long 
durations have temperatures below 8 [deg]F (-13.3 [deg]C) and are 
designed to hold temperatures near 0 to 5 [deg]F (-17.7 to -15 [deg]C). 
In single-door refrigerators, the optimum conditions for food 
preservation are typically warmer than this due to the fact that food 
storage is not intended for long-term storage.

B. Refrigerant Flammability

    American National Standards Institute (ANSI)/ASHRAE Standard 34-
2016 assigns a safety group classification for each refrigerant which 
consists of two alphanumeric characters (e.g., A2 or B1). The capital 
letter indicates the toxicity and the numeral denotes the flammability. 
ASHRAE classifies Class A refrigerants as refrigerants for which 
toxicity has not been identified at concentrations less than or equal 
to 400 parts per million (ppm) by volume, based on data used to 
determine threshold limit values (TLV)-time weighted average (TWA) or 
consistent indices. Class B signifies refrigerants for which there is 
evidence of toxicity at concentrations below 400 ppm by volume, based 
on data used to determine TLV-TWA or consistent indices. The 
refrigerants are also assigned a flammability classification of 1, 2, 
or 3. Tests are conducted in accordance with American Society for 
Testing and Materials (ASTM) E681 using a spark ignition source at 60 
[deg]C and 101.3 kPa.\1\
---------------------------------------------------------------------------

    \1\ ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and 
Safety Classification of Refrigerants.
---------------------------------------------------------------------------

    The flammability classification ``1'' is given to refrigerants 
that, when tested, show no flame propagation. The flammability 
classification ``2'' is given to refrigerants that, when tested, 
exhibit flame propagation, have a heat of combustion less than 19,000 
kJ/kg (8,174 British thermal units (BTU)/lb), and have a lower 
flammability limit (LFL) greater than 0.10 kg/m\3\. Refrigerants within 
flammability classification ``2'' may optionally be designated in the 
subclass ``2L'' if they have a maximum burning velocity of 10 cm/s or 
lower when tested at 23.0 [deg]C and 101.3 kPa. The flammability 
classification ``3'' is given to refrigerants that, when tested, 
exhibit flame propagation and that either have a heat of combustion of 
19,000 kJ/kg (8,174 BTU/lb) or greater or an LFL of 0.10 kg/m\3\ or 
lower. Thus, refrigerants with flammability classification ``3'' are 
highly flammable while those with flammability classification ``2'' are 
less flammable and those with flammability classification ``2L'' are 
mildly flammable. For both toxicity and flammability classifications, 
refrigerant blends are designated based on the worst-case of 
fractionation determined for the blend. Figure 1 illustrates these 
safety group classifications.
[GRAPHIC] [TIFF OMITTED] TR11DE17.014

C. Use Conditions

    EPA previously found isobutane, propane, and R-441A acceptable, 
subject to use conditions, in new household refrigerators and freezers. 
In the proposed and final rules, EPA provided information on the 
environmental and health properties of the three refrigerants and the 
various substitutes available for use in household refrigerators and 
freezers. Additionally, EPA's risk screens for the three refrigerants 
are available in the docket for these rulemakings (EPA-HQ-OAR-2009-0286 
and EPA-HQ-OAR-2013-0748).2 3
---------------------------------------------------------------------------

    \2\ Isobutane and R-441A: 75 FR 25799, May 10, 2010 (proposed 
rule); 76 FR 78832, December 20, 2011 (final rule).
    \3\ Propane: 79 FR 38811, July 9, 2014 (proposed rule); 80 FR 
19454, April 10, 2015 (final rule).
---------------------------------------------------------------------------

    Isobutane, propane, and R-441A have an ASHRAE classification of A3, 
indicating that they have low toxicity and high flammability. The 
flammability risks are of concern because household refrigerators and 
freezers have traditionally used refrigerants that are not flammable. 
In the presence of an ignition source (e.g., static electricity, a 
spark resulting from a closing door, or a cigarette), an explosion or a 
fire could occur if the concentration of isobutane, propane, and R-441A 
were to exceed the LFL of 18,000 ppm, 21,000 ppm, and 20,500 ppm, 
respectively.
    To address flammability, EPA listed the refrigerants as acceptable, 
subject to use conditions, in new household refrigerators and freezers. 
The use conditions address safe use of flammable refrigerants and 
include incorporation by reference of Supplement SA to UL Standard 250, 
refrigerant charge size limits, and requirements for markings on 
equipment using the refrigerants to inform consumers and technicians of 
potential flammability hazards. Without appropriate use conditions, the 
flammability risk posed by the refrigerants could be higher than non-
flammable refrigerants because

[[Page 58125]]

individuals may not be aware that their actions could potentially cause 
a fire, and because the refrigerants could be used in existing 
equipment that has not been designed specifically to minimize 
flammability risks. Our assessment and listing decisions (76 FR 78832; 
December 20, 2011 and 80 FR 19454; April 10, 2015) found that with the 
use conditions, the overall risk of these substitutes, including the 
risk due to flammability, does not present significantly greater risk 
in the end-use than other substitutes that are currently or potentially 
available for that same end-use.
    The use conditions required the following:
    1. New equipment only; not intended for use as a retrofit 
alternative: These refrigerants may be used only in new equipment 
designed specifically and clearly identified for the refrigerant (i.e., 
none of these substitutes may be used as a conversion or ``retrofit'' 
\4\ refrigerant for existing equipment designed for a different 
refrigerant);
---------------------------------------------------------------------------

    \4\ Sometimes conversion refrigerant substitutes are 
inaccurately referred to as ``drop in'' replacements.
---------------------------------------------------------------------------

    2. UL standard: These refrigerants may be used only in a 
refrigerator or freezer, or combination refrigerator and freezer, that 
meets all requirements listed in Supplement SA to the 10th edition of 
the UL Standard for Household Refrigerators and Freezers, UL 250, dated 
August 25, 2000). In cases where the final rule includes requirements 
more stringent than those of the 10th edition of UL Standard 250, the 
appliance must meet the requirements of the final rule in place of the 
requirements in the UL standard;
    3. Charge size: The charge size must not exceed 57 grams (2.01 
ounces) in any refrigerator, freezer, or combination refrigerator and 
freezer in each circuit;
    4. Color-coded hoses and piping: As provided in clauses SA6.1.1 and 
SA6.1.2 of UL Standard 250, 10th edition, the refrigerator, freezer, or 
combination refrigerator and freezer must have red Pantone Matching 
System (PMS) #185 marked pipes, hoses, or other devices through which 
the refrigerant passes, to indicate the use of a flammable refrigerant. 
This color must be present at all service ports and other parts of the 
system where service puncturing or other actions creating an opening 
from the refrigerant circuit to the atmosphere might be expected and 
must extend a minimum of one (1) inch in both directions from such 
locations; and
    5. Labeling: The following markings, or the equivalent, must be 
provided and must be permanent:
    a. ``DANGER--Risk of Fire or Explosion. Flammable Refrigerant Used. 
Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture 
Refrigerant Tubing.'' This marking must be provided on or near any 
evaporators that can be contacted by the consumer.
    b. ``DANGER--Risk of Fire or Explosion. Flammable Refrigerant Used. 
To Be Repaired Only By Trained Service Personnel. Do Not Puncture 
Refrigerant Tubing.'' This marking must be located near the machine 
compartment.
    c. ``CAUTION--Risk of Fire or Explosion. Flammable Refrigerant 
Used. Consult Repair Manual/Owner's Guide Before Attempting To Service 
This Product. All Safety Precautions Must be Followed.'' This marking 
must be located near the machine compartment.
    d. ``CAUTION--Risk of Fire or Explosion. Dispose of Properly In 
Accordance With Federal Or Local Regulations. Flammable Refrigerant 
Used.'' This marking must be provided on the exterior of the 
refrigeration equipment.
    e. ``CAUTION--Risk of Fire or Explosion Due To Puncture Of 
Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable 
Refrigerant Used.'' This marking must be provided near all exposed 
refrigerant tubing.
    f. All of these markings must be in letters no less than 6.4 mm 
(\1/4\ inch) high.

D. Revised UL Standard 60335-2-24

    UL first established Standard 60335-2-24 on August 21, 2006, to 
address the safety of household and similar electrical appliances that 
use flammable refrigerants. Specifically, the standard applies to the 
safety of refrigerating appliances for household and similar use, ice-
makers incorporating a motor-compressor and ice-makers intended to be 
incorporated in frozen food storage compartments, and refrigerating 
appliances and ice-makers for use in camping, touring caravans and 
boats for leisure purposes. In response to industry's interest to 
reconsider the use of flammable refrigerants in refrigeration and air 
conditioning (AC) equipment and at larger charge sizes, UL formed a 
Joint Task Group (JTG) comprised of members of its Standards Technical 
Panel (STP) in 2011. The JTG was tasked with developing recommendations 
for addressing the use and safety of refrigerants classified as A2, 
A2L, and A3.
    One of the outcomes of the work of the JTG is the revised UL 
Standard 60335-2-24, which is based on International Electrotechnical 
Commission (IEC) Standard 60335-2-24 ``Household and Similar Electrical 
Appliances--Safety--Part 2-24: Particular Requirements for 
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers'' 
(edition 7.1, May 2012). The revised UL Standard 60335-2-24 was 
developed in an open and consensus-based approach, with the assistance 
of experts in the refrigeration and AC industry as well as experts 
involved in assessing the safety of products. The revision cycle, 
including final recirculation, concluded on February 6, 2017, and UL 
published the updated standard on April 28, 2017. The 2017 standard 
supersedes the previous edition published in August 2006, and also 
replaces the current edition of UL Standard 250 (10th edition, August 
2000).
    The revised UL Standard 60335-2-24 establishes requirements for the 
evaluation of household and similar electrical appliances and the safe 
use of refrigerants with a flammability classification of A2, A2L, or 
A3. The charge size limit for each separate refrigerant circuit (i.e., 
compressor, condenser, evaporator, and refrigerant piping) is 150 grams 
(5.3 ounces). This differs from the charge size limit in Supplement SA 
to UL 250, which was 50 grams. Similar to Supplement SA to UL 250, UL 
Standard 60335-2-24 requires testing of refrigeration appliances 
containing flammable refrigerants, including leakage tests, temperature 
and scratch tests, and heat testing requirements to address the hazards 
due to ignition of leaked refrigerant by potential ignition sources 
associated with the appliance (see sections 22.107-22.110 and the 
relevant annexes of the standard for specific testing requirements). 
These tests are intended, among other things, to ensure that any leaks 
will result in concentrations well below the LFL, and that potential 
ignition sources will not be able to create temperatures high enough to 
start a fire. Appliances that are in compliance with UL Standard 60335-
2-24 have passed appropriate ignition or leakage tests as stipulated in 
the standard. Passing the leakage test ensures that refrigerant 
concentrations in the event of a leak do not reach or exceed 75 percent 
of the LFL inside any internal or external electrical component 
compartments.

III. What action is the Agency taking?

A. Use Conditions

    In this direct final rule, EPA is replacing the reference to the 
2000 UL Standard 250 in use condition ``2'' with the updated 2017 UL 
Standard 60335-2-24 ``Safety Requirements for

[[Page 58126]]

Household and Similar Electrical Appliances, Part 2: Particular 
Requirements for Refrigerating Appliances, Ice-Cream Appliances and 
Ice-Makers'' (2nd Edition, April 28, 2017). In addition, EPA is 
replacing the use conditions in ``3,'' ``4,'' and ``5'' with the 
updated 2017 UL standard 60335-2-24 because the UL standard provides 
for the identical requirements in those use conditions and thus 
provides the same level of assurance that the three substitutes can be 
used as safely as nonflammable alternatives. The revised use conditions 
apply to new household refrigerators and freezers manufactured after 
the effective date of this regulation. The new use conditions are as 
follows:
    1. New equipment only; not intended for use as a retrofit 
alternative: Propane, isobutane, and R-441A may be used only in new 
equipment designed specifically and clearly identified for the 
refrigerant (i.e., none of these substitutes may be used as a 
conversion or ``retrofit'' \5\ refrigerant for existing equipment 
designed for a different refrigerant); and
---------------------------------------------------------------------------

    \5\ Sometimes conversion refrigerant substitutes are 
inaccurately referred to as ``drop in'' replacements.
---------------------------------------------------------------------------

    2. UL standard: These refrigerants may be used only in equipment 
that meets all requirements in UL Standard 60335-2-24 (2nd edition, 
April 28, 2017).
a. Charge Size
    EPA previously required a charge size limit of 57 grams (2.01 
ounces) for each separate refrigerant circuit in a refrigerator or 
freezer in use condition ``3.'' In this action, EPA is removing use 
condition ``3.'' To comply with UL Standard 60335-2-24, the maximum 
charge size for each separate refrigerant circuit in a refrigerator or 
freezer would need to be 150 grams (5.29 ounces), consistent with UL 
Standard 60335-2-24.
    EPA evaluated reasonable worst-case and more typical, yet 
conservative, scenarios to model the effects of the sudden release of 
each refrigerant from a household refrigerator or freezer containing 
the maximum charge size of 150 grams (5.29 ounces). This was done to 
determine whether the refrigerants would present flammability or 
toxicity concerns for consumers or workers, including those servicing 
or disposing of appliances. To represent a reasonable worst-case 
scenario, it was assumed that a catastrophic leak of each refrigerant 
would occur while the refrigerator or freezer unit is located in a 
residential kitchen with a height of approximately 2.4 meters (i.e., a 
standard 8-foot ceiling) and a minimum effective volume of 18 m\3\ (640 
ft\3\) or an effective volume of 53 m\3\ (1,870 ft\3\) (i.e., excluding 
the space filled by cabinets, other kitchen equipment) (Murray 1997). 
The minimum kitchen volume of 18 m\3\ (640 ft\3\) does not consider 
residential kitchen spaces that are often connected to other rooms 
(e.g., living room, dining room) through open pathways or swinging 
doors, which would also increase the effective volume of the space into 
which a refrigerant would be released, thereby reducing the likelihood 
that the instantaneous concentration of the refrigerants would exceed 
the LFL. Conversely, the larger kitchen volume used in the analysis 
(i.e., 53 m\3\) considers air-mixing that is likely to occur within the 
spaces that are adjacent to the kitchen (Murray 1997). Both kitchen 
volumes modeled in this analysis are conservative, as the average 
kitchen zone volume in the United States is 199 m\3\; the minimum 
kitchen zone volume is 31 m\3\; and 99 percent of the sampled kitchen 
zones are larger than 53 m\3\ (Murray 1997).
    EPA's analysis for each of the refrigerants revealed that even if 
the unit's full charge were emitted within one minute, the 
concentration would not reach the LFL for that refrigerant in the less 
conservative 53 m\3\ (1,870 ft\3\) kitchen, showing a lack of 
flammability risk. The threshold analyses demonstrated that a 
flammability concern could exist in the minimum modeled kitchen volume 
(i.e., 18 m\3\ (640 ft\3\)) if the charge size of the household 
refrigerator or freezer exceeded 120 grams, which is slightly smaller 
than the maximum modeled charge size (i.e., 150 grams). However, the 
estimated exposures were derived using conservative assumptions (e.g., 
small room size, no ventilation). A 150-gram household refrigeration 
unit would have to be installed in a kitchen at least 2.3 times smaller 
than the less conservative kitchen size modeled in the worst-case 
conditions at end-use in order for flammability to be of concern. As a 
result, EPA determined that a release of a 150-gram unit does not 
present a significant flammability risk in the reasonable worst-case 
scenario for the three refrigerants in household refrigerators and 
freezers.
    Concerning toxicity of the refrigerants, our risk screens find that 
the 30-minute acute exposure guideline level (AEGL) (i.e., 6,900 ppm) 
is exceeded only in the worst-case scenario for the minimum kitchen 
volume (i.e., 18 m\3\). Based upon our analysis, the minimum room sizes 
in which installed equipment could cause a toxicity concern would have 
to be approximately 0.8 times smaller than the maximum modeled room 
size of 53 m\3\ (1,870 ft\3\), which is a conservative kitchen volume 
in the United States (Murray 1997). Thus, we have determined that 
isobutane, propane, and R-441A do not pose significantly greater 
flammability and toxicity risks than other acceptable refrigerants in 
the household refrigerators and freezers end-use. The higher charge 
size included in the revised use condition will provide greater 
flexibility to appliance manufacturers in the design of equipment while 
also ensuring that such equipment will not pose greater risk than 
similar equipment using other acceptable alternatives. For more 
information about EPA's risk assessments, see the docket for this 
rulemaking (EPA-HQ-OAR-2017-0472).
b. Color-Coded Hoses and Piping, and Labeling
    UL Standard 60335-2-24 includes requirements for red PMS #185 
marked pipes, hoses, and other devices through which the refrigerant 
passes, and requirements for markings in letters no less than 6.4 mm 
(\1/4\ inch) high to inform consumers and technicians of potential 
flammability hazards are addressed in (see sections 7.1 and 22.106 of 
the standard for additional information on the required marking and 
warning labels). Retaining the use conditions in ``4'' and ``5'' in 
EPA's previous hydrocarbon refrigerants rules would be redundant of the 
updated standard. Therefore, we are replacing the use conditions in 
``4'' and ``5'' with UL Standard 60335-2-24.

B. Incorporation by Reference

    Through this action EPA is incorporating by reference 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. This approach is the same as that used to incorporate 
Supplement SA to UL 250 10th edition in our previous rules on flammable 
refrigerants (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 
2015).
    The UL standard is available for purchase 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-

[[Page 58127]]

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.

C. Equipment Manufactured Prior to Effective Date of This Rule

    The use conditions in this rule apply to new household 
refrigerators and freezers manufactured after the effective date of 
this regulation. New household refrigerators and freezers manufactured 
and used with isobutane on or after January 19, 2012, or such equipment 
manufactured and used with propane or R-441A on or after May 10, 2015, 
was required to meet the requirements of the earlier use conditions of 
the December 20, 2011 and April 10, 2015 final rules, including 
compliance with UL 250 (10th edition, August 25, 2000), ``Household 
Refrigerators and Freezers.'' This rule does not apply to or affect 
equipment manufactured before the effective date of this rule and which 
was manufactured in compliance with the SNAP requirements applicable at 
the time of manufacture.

IV. 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 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 apply to manufacturers of new 
household refrigerators and freezers, that choose to use flammable 
refrigerants. This action allows equipment manufacturers to use 
flammable refrigerants at a higher charge size than previously allowed 
in 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 the 
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.6 7 8 The risk screens are 
available in the docket for this rulemaking.
---------------------------------------------------------------------------

    \6\ ICF, 2017a. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Propane (R-290).
    \7\ ICF, 2017b. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
    \8\ ICF, 2017c. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: R-441A.
---------------------------------------------------------------------------

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 revising 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

[[Page 58128]]

supersedes the current edition of UL Standard 250, Supplement SA, 
``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.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

V. References

    Unless specified otherwise, all documents are available 
electronically through the Federal Docket Management System, Docket # 
EPA-HQ-OAR-2017-0472.

ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and Safety 
Classification of Refrigerants.
ICF, 2017a. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: Propane (R-290).
ICF, 2017b. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: Isobutane (R-600a).
ICF, 2017c. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: R-441A.
Murray, D.M. (1997). Residential house and zone volumes in the 
United States: empirical and estimated parametric distributions. 
Risk Anal 17: 439-446. Available online at: http://onlinelibrary.wiley.com/doi/10.1111/j.1539-6924.1997.tb00884.x/full.
UL 250. Household Refrigerators and Freezers. 10th edition. 
Supplement SA: Requirements for Refrigerators and Freezers Employing 
a Flammable Refrigerant in the Refrigerating System. August 2000.
UL 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.

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.
    For the reasons set out in the preamble, 40 CFR part 82 is 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, 7671-7671q.

Subpart G--Significant New Alternatives Policy Program

0
2. Amend Appendix R to subpart G of part 82 by:
0
a. Revising the heading;
0
b. Removing the two entries in the table for ``Household refrigerators, 
freezers, and combination refrigerators and freezers (New equipment 
only)'' and adding a new entry in their place; and
0
c. Revising the NOTE at the end of the table.
    The revisions and additions to read as follows:

Appendix R to Subpart G of Part 82--Substitutes Subject to Use 
Restrictions Listed in the December 20, 2011, Final Rule, Effective 
February 21, 2012, in the April 10, 2015 Final Rule, Effective May 11, 
2015, and in the December 11, 2017 Final Rule, Effective March 12, 2018

[[Page 58129]]



                                                Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                   Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household refrigerators, freezers,   Isobutane (R-600a)      Acceptable subject to   As of March 12, 2018: \9\ These    Applicable OSHA requirements at
 and combination refrigerators and    Propane (R-290) R-41A.  use conditions.         refrigerants may be used only in   29 CFR part 1910 must be
 freezers (New equipment only).                                                       new equipment designed             followed, including those at 29
                                                                                      specifically and clearly           CFR 1910.106 (flammable and
                                                                                      identified for the refrigerant     combustible liquids), 1910.110
                                                                                      (i.e., none of these substitutes   (storage and handling of
                                                                                      may be used as a conversion or     liquefied petroleum gases),
                                                                                      ``retrofit'' refrigerant for       1910.157 (portable fire
                                                                                      existing equipment designed for    extinguishers), and 1910.1000
                                                                                      a different refrigerant).          (toxic and hazardous
                                                                                     These refrigerants may be used      substances).Proper ventilation
                                                                                      only in a refrigerator or          should be maintained at all
                                                                                      freezer, or combination            times during the manufacture
                                                                                      refrigerator and freezer, that     and storage of equipment
                                                                                      meets all requirements listed in   containing hydrocarbon
                                                                                      the 2nd edition of the             refrigerants through adherence
                                                                                      Underwriters Laboratories (UL)     to good manufacturing practices
                                                                                      Standard for Safety: Household     as per 29 CFR 1910.106. If
                                                                                      and Similar Electrical             refrigerant levels in the air
                                                                                      Appliances--Safety--Part 2-24:     surrounding the equipment rise
                                                                                      Particular Requirements for        above one-fourth of the lower
                                                                                      Refrigerating Appliances, Ice-     flammability limit, the space
                                                                                      Cream Appliances and Ice-Makers,   should be evacuated and re-
                                                                                      UL 60335-2-24, dated April 28,     entry should occur only after
                                                                                      2017.                              the space has been properly
                                                                                                                         ventilated.
                                                                                                                        Technicians and equipment
                                                                                                                         manufacturers should wear
                                                                                                                         appropriate personal protective
                                                                                                                         equipment, including chemical
                                                                                                                         goggles and protective gloves,
                                                                                                                         when handling these
                                                                                                                         refrigerants. Special care
                                                                                                                         should be taken to avoid
                                                                                                                         contact with the skin since
                                                                                                                         these refrigerants, like many
                                                                                                                         refrigerants, can cause freeze
                                                                                                                         burns on the skin. A Class B
                                                                                                                         dry powder type fire
                                                                                                                         extinguisher should be kept
                                                                                                                         nearby.
                                                                                                                        Technicians should only use
                                                                                                                         spark-proof tools when working
                                                                                                                         on refrigerators and freezers
                                                                                                                         with these refrigerants.
                                                                                                                        Any recovery equipment used
                                                                                                                         should be designed for
                                                                                                                         flammable refrigerants. Any
                                                                                                                         refrigerant releases should be
                                                                                                                         in a well-ventilated area, such
                                                                                                                         as outside of a building. Only
                                                                                                                         technicians specifically
                                                                                                                         trained in handling flammable
                                                                                                                         refrigerants should service
                                                                                                                         refrigerators and freezers
                                                                                                                         containing these refrigerants.
                                                                                                                         Technicians should gain an
                                                                                                                         understanding of minimizing the
                                                                                                                         risk of fire and the steps to
                                                                                                                         use flammable refrigerants
                                                                                                                         safely.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are
  incorporated by reference, and the referenced sections are made part of the regulations in part 82:
1. 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.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the
  Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
  Refrigerating System. December 30, 2011
4. UL Standard 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--Safety--Part 2-24: Particular
  Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
The Director of the Federal Register approves the incorporation by reference of the material under ``Use Conditions'' in the table ``SUBSTITUTES THAT
  ARE ACCEPTABLE SUBJECT TO USE CONDITIONS'' (5 U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 60335-2-24, 471, 484, and 541 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/Catalog.aspx.
You may inspect a copy at U.S. EPA's Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the National Archives
  and Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA'S Air Docket is 202-566-1742. For
  information on the availability of this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

* * * * *
     
---------------------------------------------------------------------------

    \9\ Prior to this date, manufacturers of new household 
refrigerants and freezers must comply with the use conditions in 
EPA's previous hydrocarbon refrigerants rules (76 FR 78832, December 
20, 2011; 80 FR 19454, April 10, 2015), codified at 40 CFR part 82, 
Appendix R to subpart G, which include a charge limit of 57 grams 
for each separate refrigerant circuit and a requirement to meet 
Supplement SA to the UL 250 Standard, 10th edition, for household 
refrigerators and freezers.
---------------------------------------------------------------------------

[FR Doc. 2017-26085 Filed 12-8-17; 8:45 am]
BILLING CODE 6560-50-P