[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Proposed Rules]
[Pages 17520-17527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

EPA-HQ-OAR-2013-0597; FRL-10006-49-OAR]
RIN 2060-AO75


Protection of the Stratospheric Ozone: Motor Vehicle Air 
Conditioning System Servicing

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 
adopt three technical standards developed by SAE International (SAE) 
for equipment that recovers, recycles, and/or recharges the refrigerant 
2,3,3,3-Tetrafluoroprop-1-ene (HFO-1234yf or R-1234yf) in motor vehicle 
air conditioners (MVACs). The three standards are SAE J2843, SAE J2851, 
and SAE J3030. This proposed rulemaking would adopt the most current 
versions of these standards by incorporating them by reference into the 
regulations related to the protection of stratospheric ozone. This will 
provide additional flexibility for industry stakeholders that wish to 
select recovery and recycling equipment certified to these standards.

DATES: Comments on this notice of proposed rulemaking must be received 
on or before May 14, 2020. Any party requesting a public hearing must 
notify the contact listed below under FOR FURTHER INFORMATION CONTACT 
by 5 p.m. Eastern Daylight Time on April 6, 2020. If a public hearing 
is requested, the hearing will be held on April 14, 2020 in Washington, 
DC. More details concerning the hearing, including whether a hearing 
will be held, will be available at https://www.epa.gov/mvac. The 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 website and contact listed below 
under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0597, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2013-0597 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2013-0597.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2013-0597, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OAR-2013-0597. Comments received may be posted without 
change to https://www.regulations.gov, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. All documents in the docket are 
listed on the https://www.regulations.gov website. Standards from SAE 
Surface Vehicle Standards referenced in the index are property of SAE 
and are reasonably available for purchase at https://www.sae.org/standards/.org. Publicly available docket materials are available 
electronically through https://www.regulations.gov and all information, 
including the three SAE standards that are being incorporated by 
reference, is available 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: Christina Motilall, Stratospheric 
Protection Division, Office of Atmospheric Programs (Mail Code 6205T), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; telephone number: 202-564-1287; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Direct your comments to Docket ID No. EPA-
HQ-OAR-2013-0597. The EPA's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit

[[Page 17521]]

information that you consider to be CBI or otherwise protected through 
https://www.regulations.gov or email. This type of information should 
be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket. 
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. The 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.
    The https://www.regulations.gov website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2013-0597.

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What acronyms and abbreviations are used in the preamble?
II. Background
    A. CAA Section 609
    B. Major Rules Under Section 609
III. What is the EPA proposing in this action?
    A. What are the standards the EPA is proposing to adopt?
    i. SAE J2843
    ii. SAE J2851
    iii. SAE J3030
    B. What is the effect of adopting these standards?
IV. Incorporation by Reference
V. 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 (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    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)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Potentially regulated entities, identified by the North American 
Industrial Classification System (NAICS) Code, may include, but are not 
limited to, the following which all fall under the category of 
``Industry'':
     New and used car dealers (NAICS code 441110)
     Gas service stations (NAICS codes 447110 and 447190)
     General automotive repair shops (NAICS code 811111)
     Automotive repair shops not elsewhere classified, 
including air conditioning and radiator specialty shops (NAICS code 
811198)
     Other Motor Vehicle Parts Manufacturing (NAICS code 
336390)
    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
proposed action. Other types of entities not listed here could also be 
regulated. To determine whether your entity is regulated by this 
action, you should carefully examine the applicability criteria found 
in Clean Air Act (CAA) section 609, and relevant implementing 
regulations at 40 CFR part 82, subpart B. 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.

B. What acronyms and abbreviations are used in the preamble?

AHRI Air-Conditioning, Heating, and Refrigeration Institute, 
formerly Air-Conditioning and Refrigeration Institute (ARI)
CAA Clean Air Act
CFC Chlorofluorocarbon
CFR Code of Federal Regulations
EPA United States Environmental Protection Agency
ETL ETL Testing Laboratories
HCFC Hydrochlorofluorocarbon
HFC Hydrofluorocarbon
HFO Hydrofluoroolefin
MVACs Motor Vehicle Air Conditioners
MY Model Year
NAICS North American Industrial Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SAE SAE International, formerly the Society of Automotive Engineers
SNAP Significant New Alternatives Policy
UMRA Unfunded Mandates Reform Act
UL Underwriters Laboratories

II. Background

A. CAA Section 609

    CAA section 609 directs the EPA to issue regulations establishing 
standards

[[Page 17522]]

and requirements for the servicing of MVACs. For purposes of the 
regulations implementing CAA section 609, MVACs \1\ are defined as 
equipment that use mechanical vapor compression refrigeration to cool 
the driver's or passenger's compartment of any motor vehicle. This 
definition is not intended to encompass the hermetically sealed 
refrigeration systems used on motor vehicles for refrigerated cargo and 
the air conditioning systems on passenger buses using 
hydrochlorofluorocarbons (HCFC)-22 or R-22 refrigerant. For purposes of 
the section 609 regulations, motor vehicle is defined as any vehicle 
which is self-propelled and designed for transporting persons or 
property on a street or highway, including but not limited to passenger 
cars, light-duty vehicles, and heavy-duty vehicles. This definition 
does not include a vehicle where final assembly of the vehicle has not 
been completed by the original equipment manufacturer.
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    \1\ A related definition for MVAC-like is found at 40 CFR 
82.152: MVAC-like appliance means a mechanical vapor compression, 
open-drive compressor appliance with a full charge of 20 pounds or 
less of refrigerant used to cool the driver's or passenger's 
compartment of off-road vehicles or equipment. This includes, but is 
not limited to, the air-conditioning equipment found on agricultural 
or construction vehicles. This definition is not intended to cover 
appliances using R-22 refrigerant.
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    Under CAA section 609 and regulations that implement it, no person 
repairing or servicing motor vehicles for consideration may perform any 
service on an MVAC that involves the refrigerant without properly using 
approved refrigerant recovery or recovery and recycling equipment, and 
no such person may perform such service unless such person has been 
properly trained and certified. Section 609 also restricts the sale of 
class I and class II substances for use as a refrigerant in MVACs in 
containers of 20 pounds or less, except to certified technicians. Class 
I substances (chlorofluorocarbons (CFCs), halons, carbon tetrachloride, 
methyl chloroform, methyl bromide, hydrobromofluorocarbons, and 
chlorobromomethane) and class II substances (HCFCs) are ozone-depleting 
compounds and are listed in 40 CFR part 82, subpart A, Appendix A and 
Appendix B, respectively.
    Regulations issued under CAA section 609, codified at 40 CFR part 
82, subpart B, include, among other things, prohibited and required 
practices for persons repairing and servicing MVACs for consideration 
(40 CFR 82.34); requirements for refrigerant handling equipment (40 CFR 
82.36); approval processes for independent standards testing 
organizations (40 CFR 82.38); and requirements for certifications that 
any person servicing or repairing MVACs for consideration must submit 
to the EPA, and related recordkeeping requirements (40 CFR 82.42). 
Appendices A-F at 40 CFR 82, subpart B, provide minimum operating 
requirements for equipment used for the recovery, recycling and/or 
recharging of refrigerant used in MVACs.

B. Major Rules Under Section 609

    In 1992, the EPA published a rule (57 FR 31242; July 14, 1992) 
under CAA section 609 establishing standards and requirements for 
servicing of MVACs and restricting the sale of small containers of 
ozone-depleting substances. The regulations, which appear in 40 CFR 
part 82, subpart B, require persons who repair or service MVACs for 
consideration to be certified in refrigerant recovery and recycling and 
to properly use approved equipment when performing service involving 
the refrigerant. ``Refrigerant'' is defined in subpart B as any class I 
or class II substance used in MVACs, and to include any substitute 
substance effective November 15, 1995. The 1992 rule also defined 
approved refrigerant recycling equipment as equipment certified by the 
Administrator or an approved organization as meeting either one of the 
standards in 40 CFR 82.36. Such equipment extracts and recycles 
refrigerant or extracts but does not recycle refrigerant, allowing that 
refrigerant to be subsequently recycled on-site or to be sent off-site 
for reclamation.\2\ The EPA based the regulatory equipment standards in 
subpart B on those developed by SAE. They cover service procedures for 
dichlorodifluoromethane (CFC-12 or R-12) recover/recycle equipment (SAE 
J1989, issued in October 1989), test procedures to evaluate R-12 
recover/recycle equipment (SAE J1990, issued in October 1989 and 
revised in 1991) and a purity standard for recycled R-12 refrigerant 
(SAE J1991, issued in October 1989). Only equipment certified to meet 
the standards set forth in Appendix A at 40 CFR part 82, subpart B, or 
that meet the criteria for substantially identical equipment, was 
approved under CAA section 609 for use in the servicing of MVACs at 
that time.
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    \2\ Equipment that extracts and recycles refrigerant is referred 
to as recover/recycle equipment. Equipment that extracts but does 
not recycle refrigerant is referred to as equipment that recovers 
but does not recycle refrigerant, or as recover-only equipment.
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    The 1992 rule also implemented the statutory prohibition on the 
sale or distribution of any class I or class II substance suitable for 
use in MVACs that is in a container of less than 20 pounds, to anyone 
other than a properly trained and certified section 609 technician. The 
rule also contained standards by which: (1) An independent standards 
testing organization may apply to the agency for approval to test and 
approve refrigerant recycling equipment; and (2) a training and 
certification program may apply to the agency for approval to train and 
certify technicians in the proper use of refrigerant recycling 
equipment for MVACs. Underwriters Laboratories (UL) and ETL Testing 
Laboratories (ETL) are the approved independent standards testing 
organizations that currently certify equipment using the standards that 
appear in Appendix A of 40 CFR part 82, subpart B.
    Finally, the 1992 rule established recordkeeping and reporting 
requirements that include: Certifying that only properly trained and 
certified individuals are repairing or servicing MVACs for 
consideration; certifying the use of approved recycling equipment and 
that each individual authorized to use the equipment has obtained the 
proper training and certification; and requiring that owners of 
approved refrigerant recycling equipment retain records demonstrating 
that all persons authorized to operate the equipment obtained the 
required certification.
    In 1995, the EPA issued a rule (60 FR 21682; May 2, 1995) 
establishing regulatory standards, based on standards developed by SAE, 
which applied to certification of R-12 recover-only equipment, in 
Appendix B at 40 CFR part 82, subpart B. Specifically, for recover-only 
equipment, the agency adopted the recommended service procedure for the 
containment of R-12 (SAE J1989, issued in October 1989 and set forth in 
subpart B Appendix B) and test procedures to evaluate recover-only 
equipment (SAE J2209, issued in June 1992). The definition of 
``approved refrigerant recycling equipment'' was revised in the 1995 
rule to include this recover-only equipment. UL and ETL were also 
approved to certify recover-only equipment. Finally, service 
technicians previously certified to handle recover/recycle equipment 
were grandfathered so that they would not have to be recertified to 
handle recover-only equipment.
    The EPA issued a third rule under CAA section 609 in 1997 (62 FR 
68026; December 30, 1997) in response to the increasing use of 
alternative refrigerants, particularly 1,1,1,2-tetrafluoroethane (HFC-
134a or R-134a). The 1997 rule established standards and requirements

[[Page 17523]]

for the servicing of MVACs that use any refrigerant other than R-12. 
The rule also stated refrigerant (whether R-12 or a substitute) 
recovered from motor vehicles at motor vehicle disposal facilities may 
be re-used in the MVAC service sector only if it has been properly 
recovered and recycled by persons who are either employees, owners, or 
operators of the facilities, or technicians certified under CAA section 
609, using approved equipment. The 1997 rule also established 
conditions under which owners and operators of motor vehicle disposal 
facilities may sell refrigerant recovered from such vehicles to 
technicians certified under CAA section 609.
    Additionally, the 1997 rule established standards for recover/
recycle equipment for R-134a; recover-only equipment for R-12, R-134a, 
and R-1234yf; recycling equipment intended for use with both R-12 and 
R-134a; and recover-only equipment for a single refrigerant other than 
R-12 or R-134a. The 1997 rule established appendices C through F at 40 
CFR part 82, subpart B. Specifically, Appendix C contains standards 
based on SAE J2788 for recovery/recycle and recovery/recycle/recharging 
equipment for R-134a refrigerant. Appendix D is based upon SAE J1732 
and establishes standards for recover-only equipment for R-134a. 
Appendix E contains standards for recover-only equipment for both R-12 
and R-134a, while Appendix F establishes standards for recover-only 
equipment for any single refrigerant other than R-12 and R-134a.
    Since the publication of the 1997 rule, the EPA has published two 
rules, one in 2007 (72 FR 63490; November 9, 2007) and one in 2008 (73 
FR 34644; June 18, 2008), to reflect updated SAE standards. Research 
showed that equipment certified to meet SAE J2210 and SAE J1732 \3\ 
left as much as 30% of the refrigerant in MVACs. As a result of these 
findings, SAE developed SAE J2788 and SAE J2810, which require that 
equipment be capable of recovering 95% of refrigerant from MVACs. The 
two rules adopted SAE J2788 and SAE J2810, which replaced SAE J2210 and 
SAE J1732, respectively, allowing for an increased percent of 
refrigerant to be recovered during servicing.
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    \3\ SAE J2210 (HFC-134a (R-134a) Recovery/Recycling Equipment 
for Mobile Air-Conditioning Systems (Cancelled Nov 2010)). SAE J1732 
(HFC-134a (R-134a) Refrigerant Recovery Equipment for Mobile 
Automotive Air-Conditioning Systems (STABILIZED Nov 2011)).
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III. What is the EPA proposing in this action?

    The EPA is proposing to incorporate by reference three standards 
developed by SAE for equipment servicing MVACs that use a 
hydrofluoroolefin (HFO)-1234yf or R-1234yf. This proposed rulemaking 
would adopt three standards that provide technical specifications for 
equipment used for servicing MVACs containing the refrigerant R-1234yf 
consistent with section 609 of the CAA and the regulations in 40 CFR 
part 82, subpart B. R-1234yf was listed by the EPA's Significant New 
Alternatives Policy (SNAP) program as acceptable, subject to use 
conditions, in MVACs in new cars and new light-duty trucks (76 FR 
17488; March 29, 2011), and in certain new heavy-duty vehicles--new 
medium-duty passenger vehicles, new heavy-duty pickup trucks, and new 
complete heavy-duty vans (81 FR 86778; December 1, 2016).
    The regulations at 40 CFR 82.34 state that no person repairing or 
servicing MVACs for consideration may perform any service involving 
refrigerant for such MVACs without properly using equipment approved 
pursuant to 40 CFR 82.36. The EPA is proposing that equipment certified 
to meet the three SAE standards (that the EPA is proposing to 
incorporate by reference) would be approved to recover, recycle, and/or 
recharge the refrigerant R-1234yf for MVACs.

A. What are the standards the EPA is proposing to adopt?

    The EPA is proposing to amend 40 CFR part 82, subpart B, sections 
82.32, 82.36, 82.38, and 82.40 to adopt three equipment standards for 
the servicing of MVACs that use R-1234yf and incorporate these 
standards by reference. The three standards are:
     SAE J2843 (revised July 2019), ``R-1234yf [HFO-1234yf] 
Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for 
Mobile Air-Conditioning Systems;''
     SAE J2851 (revised February 2015), ``Recovery Equipment 
for Contaminated R-134a or R-1234yf Refrigerant from Mobile Air 
Conditioning Systems;'' and
     SAE J3030 (revised July 2015), ``Automotive Refrigerant 
Recovery/Recycling/Recharging Equipment Intended for use with Both R-
1234yf and R-134a.''
    SAE J2843, J2851, and J3030 were developed by SAE, which is a 
global association of more than 138,000 engineers and related technical 
experts in the aerospace, automotive, and commercial-vehicle 
industries. The SAE Interior Climate Control Standards Committee 
consists of a Steering Committee plus sub-committees: Fluids, MAC 
Supplier, Service, and Vehicle OEM. The SAE Interior Climate Control 
Standards Committee has published more than 50 documents and has an HS-
2900 handbook that include standards on safety, refrigerants, 
components, testing, service procedures, service equipment, and 
training. The EPA has previously cited some of these standards in 
regulations. This committee includes representatives from across the 
MVAC industry including but not limited to system component 
manufacturers, automobile manufacturers, servicing equipment 
manufacturers, and refrigerant manufacturers. Each of the SAE Ground 
Vehicle Standards for technical specifications related to MVAC 
servicing undergoes a rigorous peer review process.
    All three of the SAE standards that the EPA is proposing to adopt 
relate to recycling and/or removal of R-1234yf. R-1234yf has gained 
significant market share in motor vehicles since its introduction in 
the 2013 model year (MY). According to the 2018 EPA Automotive Trends 
Report, in the 2017 MY, use of R-1234yf has grown to ten manufacturers 
(accounting for almost 40% of the US new vehicle fleet) and some 
manufacturers have implemented R-1234yf across their entire vehicle 
brands.\4\ This increased use of R-1234yf will lead to more MVACs 
needing to be serviced and/or repaired compared to when R-1234yf was 
first introduced. Adopting the three standards would assist technicians 
choosing to repair or service MVACs containing R-1234yf to properly use 
approved refrigerant handling equipment when performing any service 
involving the refrigerant. As R-1234yf is classified as mildly 
flammable, the equipment meeting these standards must have electrical 
components deemed acceptable for exposure to refrigerants at that level 
of flammability, ensuring the safety of technicians. This proposed rule 
would also increase industry flexibility in selecting proper recovery, 
recycling, and recharging equipment by expanding their options. These 
standards would also help to mitigate the risk to human health and the 
environment by directing technicians towards equipment that should 
limit unintentional releases of automotive refrigerant during the 
service or repair of MVACs. Moreover, use of equipment that meets the 
standards the EPA is proposing to incorporate by reference should 
reduce

[[Page 17524]]

mixing of refrigerants. Preventing the mixing of refrigerants 
facilitates refrigerant recycling and reduces releases into the 
atmosphere. Equipment certified to meet SAE J2843, J2851, and/or J3030 
would be approved under CAA section 609 implementing regulations. 
Equipment meeting these standards are capable of near-complete recovery 
of refrigerant from such MVACs. Some of this equipment is designed for 
use with MVACs containing either R-134a or R-1234yf; this equipment is 
certified to prevent contamination when switching between refrigerants. 
Below is a further description of each of the standards.
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    \4\ https://www.epa.gov/automotive-trends/download-automotive-trends-report.
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i. SAE J2843
    SAE J2843 (adopted July 2019) establishes standards for equipment 
that recovers, recycles, and/or recharges R-1234yf in MVACs. This 
standard applies to equipment intended for use with R-1234yf 
refrigerant only. Equipment meeting this standard must be capable of 
recovering refrigerant within 30 minutes, which is consistent with 
other SAE standards, resulting in convenience for the car owner as well 
as the technician. The recycling capabilities of equipment meeting SAE 
J2843 can return the refrigerant to the same level of purity as newly 
manufactured (virgin) refrigerant, ensuring that the refrigerant 
recharged into the system will provide the same level of performance 
and durability as virgin refrigerant. This recycling allows for the 
continued use of recovered refrigerant. Prior to recharging an MVAC, 
service technicians using equipment meeting this standard can check for 
leaks that could be repaired to avoid refrigerant releases. Maintaining 
a properly charged MVAC should result in efficient operation.
ii. SAE J2851
    SAE J2851 (adopted February 2015) establishes minimum performance 
and operating standards for equipment that recovers contaminated R-134a 
and/or R-1234yf refrigerant from MVACs. Refrigerant recovered with this 
equipment cannot be recycled on-site and instead should be returned to 
an EPA-approved reclamation facility that will process it appropriately 
as per Air-Conditioning, Heating, and Refrigeration Institute (AHRI) 
700 standard entitled Specifications for Fluorocarbon Refrigerants. 
Refrigerant recovery equipment should ensure adequate refrigerant 
recovery and reduce emissions during the removal of refrigerant from 
MVACs.
iii. SAE J3030
    SAE J3030 (adopted July 2015) establishes the minimum requirements 
for recovery/recycling/recharging equipment intended for use to service 
MVACs that contain either R-1234yf or R-134a. New equipment capable of 
performing any service on MVACs that involves recovery of, recycling 
of, or recharging with either R-134a or R-1234yf would be required to 
meet SAE J3030 requirements for both refrigerants. The dual-refrigerant 
equipment covered by this standard may be useful given that R-134a and 
R-1234yf are both widely used in motor vehicles in the United States.

B. What is the effect of adopting these standards?

    Adopting these standards would assist approved independent 
standards testing organizations (currently UL and ETL) in certifying 
equipment for commercial refrigerant recovery/recycling that meet the 
EPA's minimum performance requirements outlined in the CAA. In 
addition, service and repair shops would be required to use equipment 
certified to meet SAE J2843, J2851, and J3030 if servicing MVACs using 
R-1234yf.
    EPA's proposed amendments to 40 CFR 82.36 would revise paragraph 
(a)(7), add paragraphs (a)(8), (9), (10) and add a note following 
(a)(10) to add additional options to the list of approved refrigerant 
handling equipment. This revision would allow servicing equipment 
manufactured to meet SAE J2843, J2851, and J3030 certified by the EPA 
or an independent standards testing organization approved by the EPA 
under 40 CFR 82.38 to meet the requirements of 40 CFR 82.34(a)(1). The 
EPA is also proposing to amend 40 CFR 82.32(e)(1), 82.38, and 82.40 to 
include references to 40 CFR 82.36(a)(8) through (10). The revisions to 
40 CFR 82.32(e)(1) update the definition of the term ``properly using'' 
to add the standards incorporated by reference at 40 CFR 82.36(a)(8) 
through (10) to the list of recommended service procedures and 
practices for the containment of refrigerant. The revisions to 40 CFR 
82.38 allow independent standards testing organizations to apply for 
approval to certify equipment as meeting the standards incorporated by 
reference at 40 CFR 82.36(a)(8) through (10), as well as the currently 
existing standards in appendices A, B, C, D, E and F. The revisions to 
40 CFR 82.40 add the standards incorporated by reference at 40 CFR 
82.36(a)(8) through (10) to the list of standards that any technician 
training program seeking approval must demonstrate are covered by their 
certification tests. It would be appropriate for approved technician 
training and certification programs to update their materials to 
reflect the standards incorporated by reference at 40 CFR 82.36(a)(8) 
through (10) and to submit a summary of the conforming changes to the 
Administrator as part of the summary required by 40 CFR 40.82(c). 
Current regulations at 40 CFR 82.36 contain the requirements for 
approved refrigerant handling equipment, including the requirement for 
certification of such equipment by the EPA or an independent, standards 
testing organization approved by the EPA. The Agency maintains a list 
of approved equipment by manufacturer and model, found here: https://www.epa.gov/mvac/section-609-certified-equipment.
    Lastly, the EPA is proposing to amend Appendix F to subpart B of 
part 82. This appendix contains specifications for recovery equipment 
that extracts a single, specific refrigerant other than those named in 
the other appendices to subpart B. Since the EPA is proposing to add 
standards for recovery equipment for MVACs containing R-1234yf, the EPA 
is proposing to note that as appropriate, in this appendix.
    The EPA is proposing to require technicians servicing MVACs 
containing R-1234yf to use servicing equipment that meets the minimum 
requirements of these standards to protect human health and the 
environment. Use of equipment that meets these standards also supports 
compliance with the prohibition in section 608(c) of the CAA on 
knowingly venting or otherwise knowingly releasing or disposing of 
refrigerant in a manner that allows the refrigerant to enter the 
environment in the course of servicing, maintaining, repairing, or 
disposing of an appliance. In addition, proper handling of R-1234yf is 
important given it is listed by ASHRAE as an A2L refrigerant meaning it 
is mildly flammable.\5\ The EPA requests comment on the adoption of the 
three SAE standards described in this proposed rulemaking.
---------------------------------------------------------------------------

    \5\ 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 (i.e., A = no evidence of 
toxicity, B = signifies toxicity) and the numeral denotes the 
flammability. 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.

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

[[Page 17525]]

IV. Incorporation by Reference

    The EPA is proposing to adopt the following three standards by 
incorporating them by reference--SAE J2843 (adopted July 2019), ``R-
1234yf [HFO-1234yf] Recovery/Recycling/Recharging Equipment for 
Flammable Refrigerants for Mobile Air-Conditioning Systems;'' SAE J2851 
(adopted February 2015) ``Recovery Equipment for Contaminated R-134a or 
R-1234yf Refrigerant from Mobile Air Conditioning Systems;'' and SAE 
J3030 (adopted July 2015) ``Automotive Refrigerant Recovery/Recycling/
Recharging Equipment Intended for use with Both R-1234yf and R-134a.'' 
This action would approve and provide technical specifications for MVAC 
recovery/recycling/recharging equipment so that it may be used for R-
1234yf under CAA section 609 and 40 CFR part 82, subpart B. These 
standards are discussed in greater detail in section III of this 
preamble.
    Incorporation by reference allows Federal agencies to comply with 
the requirement to publish rules in the Federal Register and the Code 
of Federal Regulations by referring to material already published 
elsewhere. The legal effect of incorporation by reference is that the 
material is treated as if it were published in the Federal Register and 
Code of Federal Regulations.
    SAE J2843, J2851, and J3030 are available for purchase by mail at: 
SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-
0001; Telephone: 1-877-606-7323 in the U.S. or Canada (other countries 
dial 1-724-776-4970); internet address for SAE J2843: https://www.sae.org/standards/content/j2843_201907; internet address for SAE 
J2851: https://www.sae.org/standards/content/j2851_201502; internet 
address for SAE J3030: https://www.sae.org/standards/content/j3030_201507. The cost of SAE J2843, SAE J2851, and SAE J3030 is $83 
each for an electronic or hard copy. The cost of obtaining these 
standards is not a significant financial burden for manufacturers of 
MVACs or recovery equipment manufacturers and purchase is not required 
for those selling, installing, or using the refrigerant handling 
equipment covered by these standards. Therefore, the EPA concludes that 
SAE J2843, SAE J2851, and SAE J3030 are reasonably available. Also, as 
noted above, a copy of the standards will be available in hard copy 
during the public comment period in the Public Reading Room for the Air 
and Radiation Docket. The EPA requests comment on incorporating by 
reference these three standards.

V. 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 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0247. This rule contains no new requirements for 
reporting or recordkeeping.

D. Regulatory Flexibility Act (RFA)

    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. This action proposes to adopt and 
incorporate by reference three technical standards developed by SAE for 
equipment that recovers, recycles, and/or recharges R-1234yf in MVACs.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any Federal mandates or unfunded 
mandates 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 the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards for the servicing of MVACs 
that use R-1234yf. The EPA is proposing to incorporate by reference 
three industry consensus standards: SAE J2843 ``R-1234yf [HFO-1234yf] 
Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for 
Mobile Air-Conditioning Systems''; SAE J2851 ``Recovery Equipment for 
Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air 
Conditioning Systems''; and SAE J3030 ``Automotive Refrigerant 
Recovery/Recycling/Recharging Equipment Intended for use with Both R-
1234yf and R-134a.'' Specifically, these standards are:
    1. SAE J2843: R-1234yf [HFO-1234yf] Recovery/Recycling/Recharging

[[Page 17526]]

Equipment for Flammable Refrigerants for Mobile Air-Conditioning 
Systems (adopted July 2019). This standard applies to refrigerant 
handling equipment intended for use with R-1234yf refrigerant from 
MVACs only. It establishes requirements for equipment used to recover, 
recycle, and/or recharge R-1234yf. This standard is available at 
https://www.sae.org/standards/content/j2843_201907.
    2. SAE J2851: Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air Conditioning Systems 
(adopted February 2015). This standard applies to recovery equipment 
that removes contaminated R-134a and/or R-1234yf from MVACs. This 
standard is available at https://www.sae.org/standards/content/j2851_201502.
    3. SAE J3030: Automotive Refrigerant Recovery/Recycling/Recharging 
Equipment Intended for use with Both R-1234yf and R-134a (adopted July 
2015). This standard establishes the minimum equipment requirements for 
recovery/recycling/recharge equipment intended for use with both R-
1234yf and R-134a in a common refrigerant circuit that has been 
directly removed from, and is intended for reuse, in MVACs. This 
standard is available at https://www.sae.org/standards/content/j3030_201507.
    These standards may be purchased by mail at: SAE Customer Service, 
400 Commonwealth Drive, Warrendale, PA 15096-0001; by telephone: 1-877-
606-7323 in the United States or 1-724-776-4970 outside the United 
States or in Canada. The cost of SAE J2843, SAE J2851, and SAE J3030 is 
$81 each for an electronic or hard copy. The cost of obtaining these 
standards is not a significant financial burden for manufacturers of 
MVACs and purchase is not required for those selling, installing, or 
servicing MVACs. Therefore, the EPA concludes that SAE J2843, SAE 
J2851, and SAE J3030 are reasonably available.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action proposes to adopt and incorporate by reference three 
technical standards for equipment that recovers, recycles, and/or 
recharges R-1234yf in MVACs. The proper use of servicing equipment 
prevents the intentional release of refrigerant to the environment and 
decreases the amount of such emissions to which all affected 
populations are exposed.

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: March 6, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set out in the preamble, EPA proposes to amend 40 
CFR part 82 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 B--Servicing of Motor Vehicle Air Conditioners

0
2. Add Sec.  82.31 to read as follows:


Sec.  82.31  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
part with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the 
sources listed below. You may inspect a copy of the approved material 
at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC, phone: 202-566-1742, or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) SAE International. SAE Customer Service, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001 USA; Email: [email protected]; 
Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970 
(outside the U.S. and Canada); internet address: http://store.sae.org/dlabout.htm.
    (1) SAE J2843. R-1234yf [HFO-1234yf] Recovery/Recycling/Recharging 
Equipment for Flammable Refrigerants for Mobile Air-Conditioning 
Systems. July 2019; approved for Sec.  82.36(a).
    (2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air Conditioning Systems. 
February 2015; approved for Sec.  82.36(a).
    (3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging 
Equipment Intended for Use with Both R-1234yf and R-134a. July 2015; 
approved for Sec.  82.36(a).
0
3. Amend Sec.  82.32 by revising paragraph (e)(1) to read as follows:


Sec.  82.32  Definitions.

* * * * *
    (e) Properly using. (1) Properly using means using equipment in 
conformity with the regulations set forth in this subpart, including 
but not limited to the prohibitions and required practices set forth in 
Sec.  82.34, and the recommended service procedures and practices for 
the containment of refrigerant set forth in Sec.  82.36(a) and 
appendices A, B, C, D, E, F to this subpart, as applicable. In 
addition, this term includes operating the equipment in accordance with 
the manufacturer's guide to operation and maintenance and using the 
equipment only for the controlled substance for which the machine is 
designed. For equipment that extracts and recycles refrigerant, 
properly using also means to recycle refrigerant before it is returned 
to a motor vehicle air conditioner or MVAC-like appliance, including to 
the motor vehicle air conditioner or MVAC-like appliance from which the 
refrigerant was extracted. For equipment that only recovers 
refrigerant, properly using includes the requirement to recycle the 
refrigerant on-site or send the refrigerant off-site for reclamation.
* * * * *
0
4. Amend Sec.  82.36 by:
0
a. Revising paragraph (a)(7);
0
b. Adding paragraphs (a)(8) through (10).
    The revision and additions read as follows:


Sec.  82.36  Approved refrigerant handling equipment.

    (a) * * *
    (7) Equipment that recovers but does not recycle refrigerants other 
than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth 
in Appendix F of this subpart (Recover-Only Equipment that Extracts a 
Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or HFO-
1234yf).
    (8) Equipment that recovers and recycles HFO-1234yf refrigerant 
from MVACs and recharges MVAC systems with HFO-1234yf refrigerant must 
meet the standards set forth in SAE J2843, Recovery Equipment for 
Contaminated R-134a or R-1234yf Refrigerant from Mobile Air 
Conditioning Systems, (incorporated by reference, see Sec.  82.31).

[[Page 17527]]

    (9) Equipment that recovers but does not recycle contaminated HFC-
134a and/or HFO-1234yf refrigerant from MVACs must meet the standards 
set forth in SAE J2851, Recovery Equipment for Contaminated R-134a or 
R-1234yf Refrigerant from Mobile Air Conditioning Systems, 
(incorporated by reference, see Sec.  82.31).
    (10) Equipment that recovers, recycles, and recharges both HFO-
1234yf and R-134a from MVACs must meet the standards set forth in SAE 
J3030, Automotive Refrigerant Recovery/Recycling/Recharging Equipment 
Intended for Use with Both R-1234yf and R-134a, (incorporated by 
reference, see Sec.  82.31).
* * * * *
0
5. Amend Sec.  82.38 by revising paragraph (a) to read as follows:


Sec.  82.38  Approved independent standards testing organizations.

    (a) Any independent standards testing organization may apply for 
approval by the Administrator to certify equipment as meeting the 
standards in Sec.  82.36(a) and appendices A, B, C, D, E, F to this 
subpart, as applicable. The application shall be sent to: MVACs 
Recycling Program Manager, Stratospheric Protection Division (6205T), 
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.
* * * * *
0
6. Amend Sec.  82.40 by revising paragraph (a)(2)(i) to read as 
follows:


Sec.  82.40  Technician training and certification.

    (a) * * *
    (2) * * *
    (i) The standards established for the service and repair of MVACs 
and MVAC-like appliances as set forth in Sec.  82.36(a) and appendices 
A, B, C, D, E, F to this subpart, as applicable. These standards relate 
to the recommended service procedures for the containment of 
refrigerant, extraction equipment, extraction and recycle equipment, 
and the standard of purity for refrigerant in motor vehicle air 
conditioners.
* * * * *
0
7. Amend Appendix F to subpart B of part 82 by revising the appendix 
heading, the ``Foreword'' section, sections 1 and 3.1, and the 
``Application'' section to read as follows:

Appendix F to Subpart B of Part 82--Standard for Recover-Only Equipment 
That Extracts a Single, Specific Refrigerant Other Than CFC-12, HFC-
134a, or R-1234yf

Foreword

    These specifications are for equipment that recovers, but does 
not recycle, any single, specific automotive refrigerant other than 
CFC-12, HFC-134a, or HFO-1234yf, including a blend refrigerant.

Scope

    The purpose of this standard is to provide equipment 
specifications for the recovery of any single, specific refrigerant 
other than CFC-12, HFC-134a, or HFO-1234yf, including a blend 
refrigerant, which is either (1) to be returned to a refrigerant 
reclamation facility that will process the refrigerant to ARI 
Standard 700-93 or equivalent new product specifications at a 
minimum, or (2) to be recycled in approved refrigerant recycling 
equipment, or (3) to be destroyed. This standard applies to 
equipment used to service automobiles, light trucks, and other 
vehicles with similar air conditioning systems.
* * * * *

3. Specifications and General Description

    3.1 The equipment must be able to extract from a mobile air 
conditioning system the refrigerant other than CFC-12, HFC-134a, or 
HFO-1234yf to which the equipment is dedicated.
* * * * *

Application

    The purpose of this standard is to provide equipment 
specifications for the recovery of any refrigerant other than CFC-
12, HFC-134a, or HFO-1234yf for return to a refrigerant reclamation 
facility that will process it to ARI Standard 700-93 (or for 
recycling in other EPA approved recycling equipment, in the event 
that EPA in the future designates a standard for equipment capable 
of recycling refrigerants other than CFC-12, HFC-134a, or HFO-
1234yf).
* * * * *
[FR Doc. 2020-05197 Filed 3-27-20; 8:45 am]
 BILLING CODE 6560-50-P