Jump to main content.


 
Vol. 59 No. 160 Friday, August 19, 1994  p 42950 (Rule)            
    1/1504  

ENVIRONMENTAL PROTECTION AGENCY 



40 CFR Part 82 



[FRL-5051-2] 



Protection of Stratospheric Ozone; Refrigerant Recycling 



AGENCY: Environmental Protection Agency (EPA).



ACTION: Direct final rulemaking.



컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴

SUMMARY: Through this action EPA is amending the Refrigerant 

Recycling Regulations. This action is being undertaken by EPA 

to amend specific portions of the published text, including 

the definitions, required practices, and the reporting and
recordkeeping 

requirements; to adopt recently amended industry standards; 

and to clarify the meaning and applicability of various terms. 

This action will affect the sellers of refrigerant, aid the 

affected community, and may provide relief to certain segments 

of the affected community.



DATES: This final action will become effective on October 18, 

1994 unless EPA is notified by September 19, 1994 that any person 

wishes to submit adverse comment. Should EPA receive such notice, 

EPA will publish one subsequent action in the Federal Register 

to withdraw this final action and another action proposing this 

action and requesting comments. In such a case, following a 

public comment period, the Agency will draft the final regulation 

to be published in the Federal Register. The incorporation by 

reference of certain publications listed in the regulations 

is approved by the Director of the Federal Register as of October 

18, 1994.



ADDRESSES: Comments and materials supporting this rulemaking 

are contained in Public Docket No. A-92-01, Waterside Mall (Ground 

Floor) Environmental Protection Agency, 401 M Street, SW.,
Washington, 

DC 20460 in room M-1500. Dockets may be inspected from 8 a.m. 

until 4 p.m., Monday through Friday. A reasonable fee may be 

charged for copying docket materials. Those wishing to notify 

EPA of their intent to submit adverse comments on this action 

should contact Cynthia Newberg, Program Implementation Branch, 

Stratospheric Protection Division, Office of Atmospheric Programs, 

Office of Air and Radiation (6205-J), 401 M Street, SW.,
Washington, 

DC 20460 Docket # A-92-01 VIII B. (202) 233-9729.



FOR FURTHER INFORMATION CONTACT: Section 608 Recycling Program 

Manager, Program Implementation Branch, Stratospheric Protection 

Division, Office of Atmospheric Programs, Office of Air and 

Radiation (6205-J), 401 M Street, SW., Washington, DC 20460. 

The Stratospheric Ozone Information Hotline at 1-800-296-1996 

can also be contacted for further information.



SUPPLEMENTARY INFORMATION: The contents of this preamble are 

listed in the following outline:



I. Refrigerant Recycling Regulations 

II. Revisions to the Refrigerant Recycling Regulations 



  A. Definitions 



  1. Technician 



  2. Adoption of Standard Based on ARI 700-1993 in Definition 

    of ``Reclaim'' 



  B. Prohibitions 



  1. Sale of Used Appliances Without Service Apertures 



  2. Exceptions to Prohibition on Sale of Unreclaimed Refrigerant 



  C. Required Practices 



  1. Exception for Leaky Appliances to Evacuation Requirements 

    at Disposal 



  2. Use of Nitrogen to Pressurize-113 Appliances for Non-major 

    Repairs 



  3. Requirements for Recovery Using New Recovery Technologies 



  4. Availability of Certified Recycling and Recovery Equipment 

    to Persons Disposing of MVACs and MVAC-like Appliances 



  5. Exemption for Pump-out Units from 15-pound Limit for System-

    Dependent Equipment 



  6. Applicability Solely to Equipment Containing More Than 

    50 Pounds of Refrigerant of Leak Repair and Associated
Recordkeeping 

    Requirements 



  D. Equipment Certification 



  1. Measurement of Recovery Rates 



  E. Technician Certification 



  F. Reporting and Recordkeeping Requirements 



  1. Sales Restriction-Effective Date for Recordkeeping 



  2. Proof of Employment of Certified Personnel 



  G. Appendix A 



  H. Appendix B 



  I. Appendix D 



  J. Removal of Parenthetical Statements 

III. Effective Dates 

IV. Summary of Supporting Analysis 



  A. Executive Order 12866 



  B. Regulatory Flexibility Act 



  C. Paperwork Reduction Act 

V. Judicial Review 



I. Refrigerant Recycling Regulations 



   Final regulations published on May 14, 1993 (58 FR 28660) 

establish a recycling program for ozone-depleting refrigerants 

recovered during the servicing and disposal of air-conditioning 

and refrigeration equipment. Together with the prohibition on 

venting during the maintenance, service, repair, and disposal 

of class I and class II substances (see the listing notice January 

22, 1991; 56 FR 2420) that took effect on July 1, 1992, these 

regulations should substantially reduce the emissions of ozone-

depleting refrigerants. The regulations require that persons 

servicing air-conditioning and refrigeration equipment observe 

certain service practices that reduce emissions, and establish 

equipment and reclamation certification requirements, as well 

as a technician certification requirement. A sales restriction 

on the sale of refrigerant was also established by the final 

regulations. As of November 14, 1994, only certified technicians 

will legally be authorized to purchase refrigerant.{1} In addition,


the final regulations established a leak repair requirement 

for equipment that normally holds a refrigerant charge of fifty 

pounds or more. Finally, the regulations require that ozone-

depleting compounds contained in appliances be removed prior 

to disposal of the appliances, and that all air- conditioning 

and refrigeration equipment, except for small appliances, be 

provided with a servicing aperture that will facilitate recovery 

of refrigerant. 

        {1}  It should be noted that EPA has recently
proposed 

      퀃o extend this date for technicians that have been
trained, 

      퀃ested, and approved by an organization requesting to 

      쿫e grandfathered under  82.161(g). (See Federal
Register 

      쿾ublished 8/15/94).



II. Revisions to the Refrigerant Recycling Regulations 



   Through this action EPA is promulgating several minor changes 

to the final rule. Below is a description of each change to 

the regulatory text that appeared in the Federal Register on 

May 14, 1993. 



A. Definitions 





1. Technician 



   Section 82.152(x) defines a ``technician'' for purposes of 

the refrigerant recycling rule. A technician is a person who 

provides maintenance, service or repair that could reasonably 

be expected to release ozone-depleting substances through those 

actions. Section 82.152(x) includes in the definition of
``technician'' 

a person who disposes of appliances, but does not include any 

person disposing of small appliances. In excluding such persons, 

EPA considered the nature of work associated with recovering 

refrigerants from small appliances prior to disposal, the affected 

workforce, and any environmental damage that could result from 

emissions during disposal. 

   In drafting the final rule, EPA left out motor vehicle air 

conditioners (MVAC) {2} and MVAC-like equipment {3} in exempting 

certification of technicians disposing of certain types of
equipment. 

Disposal of MVACs and MVAC-like appliances is similar in many 

ways to the disposal of small appliances. EPA distinguishes 

between large equipment that is dismantled on-site and portable 

equipment that may enter the waste stream with its refrigerant 

charge still intact because of the differences between the two 

types of equipment once they reach the end of their useful lives. 

Large equipment dismantled on-site must have refrigerant removed 

as part of the dismantling process because there is no other 

option that will result in successful recovery of refrigerant. 

This large equipment cannot enter the waste stream with the 

charge intact, while more portable small appliances, MVACs, 

and MVAC-like equipment frequently does enter the waste stream 

with the charge intact. 

        {2}  Regulations concerning MVAC appliances were
promulgated 

      퀅nder section 609 and published in the Federal Register


      쿽n July 14, 1992 (57 FR 31241).

        {3}  MVAC-like equipment is defined in  82.152(1) 

      쿪s the mechanical vapor compression, open-drive
compressor 

      쿪ppliances used to cool the driver's or passenger's
compartment 

      쿽f a non-road motor vehicle. This includes the
air-conditioning 

      쿮quipment on agricultural or construction vehicles.
This 

      쿭efinition is not intended to cover appliances using 

      쿓CFC-22 refrigerant.

   In regulations promulgated under section 608, EPA discussed 

the differences between the disposal sector and the servicing 

sector. (See 58 FR 28705.) EPA noted that unlike the servicing 

sector, the disposal sector does not reintroduce refrigerant 

to equipment, after removal. Refrigerant is merely being removed, 

usually after the appliances have been removed from operation. 

This removal may occur at any stage either before it enters 

the waste stream or once in the waste stream. 

   Since the types of recover-only processes used with small 

appliances, MVACs, and MVAC-like equipment tend to be relatively 

straight-forward and a simpler task than recycling or the recovery 

of refrigerant from larger types of appliances, EPA did not 

require the certification of technicians disposing of small 

appliances. Since the circumstances for disposing of small
appliances 

is quite similar to the circumstances for disposing of MVACs 

and MVAC-like equipment, EPA believes it is appropriate to revise 

the definition of ``technician'' to exclude any person disposing 

of MVAC and MVAC-like equipment. The revised definition will 

consequently read as follows: ``Technician means any person 

who performs maintenance, service, or repair that could reasonably 

be expected to release class I or class II substances from
appliances 

into the atmosphere, including but not limited to installers, 

contractor employees, in-house service personnel, and in some 

cases, owners. Technician also means any person disposing of 

appliances except for small appliances, MVACs, and MVAC-like 

equipment.'' 



2. Adoption of Standard Based on ARI 700-1993 in Definition 

of ``Reclaim'' 



   Section 82.152(q) defines ``reclaim'' to mean ``to reprocess 

refrigerant to at least the standard of purity specified in 

the ARI Standard 700-1988, Specifications for Fluorocarbon
Refrigerants.'' 

A standard based closely on ARI 700-1988 is included in the 

rule as Appendix A. During the comment period on the proposed 

 608 refrigerant recycling rule, the Air-Conditioning and
Refrigeration 

Institute had requested that EPA adopt a standard based on ARI 

700-1993, which is an updated version of ARI 700-1988. ARI
described 

the differences between ARI 700-1988 and ARI 700-1993 during 

the public hearing and submitted a draft version of the updated 

standard, which was included in the public docket for the rule. 

   The updated standard included changes in three areas: 

   1. ARI 700-1993 included purity standards for eleven additional 

refrigerants: R-23, R-32, R-123, R-124, R-125, R-134a, R-143a, 

R-401(A), R-401(B), R-402(A), and R-402(B). 

   2. Liquid phase contaminant water levels were increased from 

10ppm in ARI 700-1988 to 20ppm in ARI 700-1993 for R-11 and 

R-113 only. 

   3. Where ARI 700-1988 allowed 0.5 as the maximum percentage 

by weight of ``other refrigerants,'' ARI 700-1993 allows 0.50 

as the maximum percentage by weight of ``all other organic
impurities, 

including other refrigerants.'' The inclusion of organic impurities


other than refrigerants in the limit effectively tightens the 

standard, and at the same time, the change from 0.5 to 0.50 

reduces the tolerance of the standard by a factor of ten. (Thus, 

while a sample containing 0.54 percent other refrigerants would 

have met the old standard, only a sample containing 0.504 percent 

(or less) other organic impurities would meet the new standard.) 

   Although all the comments received by EPA regarding adoption 

of the updated standard were favorable, the standard was not 

included in the final rule because it was not finalized by the 

time the final rule was published. (See 58 FR 28679 for a
discussion 

of this issue in the final rule.) An appendix to the standard 

specifying procedures for analyzing refrigerant was undergoing 

a lengthy process of peer review, which is now complete. Because 

the final standard is substantially identical to the draft that 

was included in the docket for comment, and because EPA agrees 

with commenters that the changes to the standard are appropriate 

and necessary, EPA is changing the definition of ``reclaim'' 

to refer to ARI 700-1993, and is replacing the standard based 

on ARI 700-1988 with a standard based on ARI 700-1993 as appendix 

A. EPA is also replacing references to ARI 700-1988 with references


to ARI 700-1993 in its reclaimer certification program. 

   Because section 608 of the Act does not give EPA the authority 

to regulate refrigerants that do not contain class I or class 

II substances until November, 1995, EPA is not adopting the 

purity standards of ARI 700-1993 that apply to refrigerants 

that do not contain CFCs or HCFCs. Thus, EPA is not adopting 

purity requirements for HFC-23, HFC-32, HFC-125, HFC-134a, or 

HFC-143a at this time. (ARI and other standard-setting
organizations 

remain free, of course, to adopt and observe purity requirements 

for these refrigerants.) However, the purity requirements for 

CFC and HCFC refrigerants (including blends that contain either 

CFCs or HCFCs along with non-ozone-depleting components) in 

appendix A are identical to the purity requirements for CFC 

and HCFC refrigerants in ARI 700-1993. 

   EPA would like to clarify that since it is not possible to 

return a refrigerant to a standard of purity if no standard 

of purity is specified for that refrigerant, refrigerants that 

are not covered by appendix A need not be reclaimed under this 

regulation. 



B. Prohibitions 





1. Sale of Used Appliances Without Service Apertures



   Section 82.154(j) and  82.154(k) are prohibitions against 

the sale and distribution, or offer for sale and distribution 

of any appliance, unless such equipment is equipped with either 

a service aperture or, for small appliances, with a process 

stub, to facilitate the removal of refrigerant. EPA would like 

to clarify that for the purposes of these prohibitions, EPA 

will interpret sale, distribution, or offer of sale or distribution


as not referring to the sale of used products. Sale of used 

products means a sale or distribution by a person after a period 

of use other than demonstration use. The Agency recognizes that 

there is a market for the sale of used air conditioners and 

refrigerators. Restricting the resale of such used durable goods 

before the end of their productive lifetimes would provide little, 

if any, environmental benefit. Indeed, the introduction of a 

service aperture may lead to unintentional releases by weakening 

the refrigeration circuit. Because requiring these goods to 

be retrofitted prior to resale would impose significant economic 

hardship on a great many consumers without providing significant 

environmental benefits, EPA does not believe it is necessary 

to ban their resale. Consequently, while EPA's interpretation 

of sale and distribution or offer for sale and distribution 

is such that the entire chain of sale and distribution from 

the manufacturer of a new product to its ultimate consumer is 

included, the Agency recognizes that in the case of durable 

consumer goods, resale of the product to additional consumers 

may occur after the original sale or distribution of the new 

product to the ultimate consumer after some period of use by 

the original ultimate consumer. In such cases, EPA will not 

prohibit the sale of these used products. 



2. Exceptions to Prohibition on Sale of Unreclaimed Refrigerant 



   Prohibitions  82.154(g) and 82.154(h) currently prohibit 

the sale of used refrigerant that has not been reclaimed by 

a certified reclaimer. EPA intended to exclude two classes of 

used refrigerant from this prohibition: refrigerant that was 

and is to be used only in an MVAC or MVAC-like appliance, and 

refrigerant that is contained in an appliance that is sold or 

offered for sale together with the refrigerant. The section 

609 refrigerant recycling rule, which covers MVACs, explicitly 

recognizes and permits the transfer of refrigerant between MVACs 

owned by different persons if that refrigerant is: (1) Recovered 

from an MVAC and returned to an MVAC by a single service entity; 

and (2) recycled to meet the SAE J1991 standard.{4} (This provision


of the section 609 rule, which is contained in the definition 

of ``properly using'' recycling and recovery equipment, also 

covers MVAC-like appliances pursuant to  82.156(a)(5).) Because 

this standard is not as stringent as the standard that reclaimed 

refrigerant must meet in the section 608 refrigerant recycling 

rule, refrigerant that only meets this standard cannot be
considered 

reclaimed. Thus, such refrigerant cannot be sold under the section 

608 rule. However, EPA did not intend to reverse the position 

that it took in the section 609 rule regarding the transfer 

of refrigerant between MVACs owned by different people. For 

instance, one of the primary arguments made in support of the 

reclamation requirement in the section 608 rule, that no less 

stringent recycling standard currently exists (58 FR 28679), 

clearly does not apply to MVACs and MVAC-like appliances, which 

are governed by the less stringent SAE J1991 standard. EPA is 

therefore amending the prohibitions to exclude the sale of
refrigerant 

transferred between MVACs or MVAC-like appliances. 

        {4}  The preamble to the section 609 rule states,
``service 

      쿮stablishments owned by a single owner may recover
refrigerant 

      쿪nd send the refrigerant to a central location for
recycling 

      퀃o the SAE J1991 standard for CFC-12'' (57 FR 31246).

   Another primary argument made in support of the reclamation 

requirement, that transfer of refrigerant between different 

owners can contaminate appliances, clearly does not apply to 

refrigerant that changes ownership solely because it is contained 

in an appliance that changes ownership. If refrigerant remains 

within a single appliance, it obviously cannot introduce
contaminants 

into another appliance. Thus, EPA is also amending the prohibition 

to exclude the sale of refrigerant that is contained in an
appliance 

that is sold or offered for sale together with the refrigerant. 



C. Required Practices 





1. Exception for Leaky Appliances to Evacuation Requirements 

at Disposal 



   Section 82.156(a)(2)(ii) establishes an exception to the 

evacuation requirements for appliances undergoing maintenance, 

service, or repair. The paragraph reads: 

   If, due to leaks in the appliance, evacuation to the levels 

in Table 1 is not attainable, or would substantially contaminate 

the refrigerant being recovered, persons opening the appliance 

must: 

   (A) Isolate leaking from non-leaking components wherever 

possible; 

   (B) Evacuate non-leaking components to be opened to the levels 

specified in Table 1; and 

   (C) Evacuate leaking components to be opened to the lowest 

level that can be attained without substantially contaminating 

the refrigerant. In no case shall this level exceed 0 psig. 

   Through an accidental omission, the requirements in 
82.156(a)(3) 

for evacuating appliances at disposal contain no exception for 

leaky appliances, although the rationale for such an exception 

at disposal is identical to the rationale for the exception 

at maintenance, service, or repair. That is, leaks in the appliance


may permit air to enter the appliance as the internal pressure 

of the appliance is lowered, contaminating the refrigerant being 

recovered and making it impossible to attain the required vacuum. 

EPA is therefore adding an exception for leaky appliances to 

the evacuation requirements at disposal. This exception is
identical 

to that at maintenance, service, and repair. 



2. Use of Nitrogen to Pressurize -113 Appliances for Non-Major 

Repairs 



   Section 82.156(a)(2)(B) prohibits the use of nitrogen to 

pressurize low-pressure appliances for non-major repairs. In 

including this prohibition in the rule, EPA intended to encourage 

the use of pressurization methods that do not require subsequent 

purging, such as heating of the evaporator and/or condenser. 

However, while heat can be safely used to pressurize appliances 

utilizing CFC-11 and HCFC-123 to atmospheric pressure, heat 

alone is not a practical or safe method for pressurizing appliances


utilizing CFC-113 because the temperatures required to raise 

the pressure of CFC-113 to atmospheric pressure are quite high 

(117.6 F for CFC-113 vs. 74.7 F for CFC-11). Thus, for
refrigerants 

with boiling points above 85 F, EPA is now requiring that
heat 

be used to raise the internal pressure of the appliance as much 

as possible, but is permitting nitrogen to be introduced to 

meet the remaining pressure requirements. 

   Contrary to popular perception, EPA has never prohibited 

the use of nitrogen to pressurize systems for purposes of a 

leak check (because leak checking does not involve ``opening'' 

of the appliance), although the Agency encourages the use of 

heat, rather than nitrogen, to pressurize systems whenever
possible. 

Thus, it has been and remains acceptable to introduce nitrogen 

into an appliance utilizing CFC-113 for purposes of a leak check. 

EPA recommends that heat be the primary method used to raise 

the internal pressure of appliances containing CFC-113 as much 

as possible for checking leaks, and that nitrogen be introduced 

to meet the remaining pressure requirements. 



3. Requirements for Recovery Using New Recovery Technologies 



   In  82.158(b)(2), EPA provided for the certification of 

recycling and recovery equipment whose recovery efficiency cannot 

be tested according to the procedures in ARI 740-1993, which 

measure levels of evacuation. The rule states that this new 

equipment may be certified if an approved third-party testing 

organization adopts and performs a test that demonstrates, to 

the satisfaction of the Administrator, that the recovery efficiency


of the new equipment is equal to or better than that of equipment 

that: (i) Is intended for use with the same type of appliance; 

and (ii) achieves the level of evacuation in Table 2 of the 

rule. As discussed in the preamble to the final rule (58 FR 

28689), EPA's goal in including this provision was to avoid 

unnecessary delay in the certification, marketing, and use of 

new recovery technologies that do not operate by drawing vacuums. 

   However, EPA inadvertently neglected to include a provision 

in the required practices section (82.156) that would permit 

the use of recovery technologies that do not operate by drawing 

vacuums. EPA is therefore adding a provision,  82.156(a)(2)(iii), 

that permits the use of equipment certified pursuant to 
82.158(b)(2), 

as long as users of this equipment follow the manufacturer's 

directions for achieving the required recovery efficiencies. 

EPA will make the development of and compliance with such
directions 

part of the process for certifying new recovery technologies 

under  82.158(b)(2). 



4. Availability of Certified Recycling and Recovery Equipment 

to Persons Disposing of MVACs and MVAC-Like Appliances 



   Section 82.156(b) currently requires that: All persons opening 

appliances except for small appliances and MVACs for maintenance, 

service, or repair and all persons disposing of appliances except 

for small appliances must have at least one piece of certified, 

self-contained recovery equipment available at their place of 

business. 

   EPA inadvertently omitted three items from this paragraph. 

First, certified, self-contained recycling equipment should 

have been listed along with certified, self-contained recovery 

equipment as equipment that would meet this requirement. In 

all other sections of the rule, recycling and recovery equipment 

are treated identically, and EPA did not intend to treat them 

differently here. Therefore, EPA is inserting ``or recycling'' 

between ``recovery'' and ``equipment'' in  82.156(b). 

   Second, persons disposing of MVACs and MVAC-like appliances 

should have been excluded along with persons disposing of small 

appliances from the requirement to have one piece of certified, 

self-contained recovery or recycling equipment available at 

their place of business. EPA clearly intended to exclude these 

persons from this requirement because it excludes recovery and 

recycling equipment used to dispose MVACs and MVAC-like equipment 

from third-party certification requirements. (See the final 

rule preamble at 58 FR 28705,  82.158(a) and 82.158(l).) Therefore,


EPA is inserting ``MVACs, or MVAC-like appliances'' after ``all 

persons disposing of appliances except for small appliances,'' 

excluding all three groups from the requirement to have certified 

recovery or recycling equipment available at their place of 

business. 

   Third, EPA intended to exempt persons who own appliances 

containing pump-out units and who maintain, service, repair, 

or dispose of only these appliances from the above requirement. 

The requirement was intended to ensure that persons who used 

small, portable system-dependent recovery equipment to service 

appliances also had self-contained equipment available in the 

event the appliance compressor was not operational. In general, 

such small, self-contained recovery equipment is not prohibitively 

expensive, particularly if it is to be used for a large number 

of jobs. However, the requirement may also affect owners of 

chillers, which are frequently equipped with built-in pump-out 

units that are used for the recovery of large quantities of 

refrigerant. Because system compressors may be used to move 

the refrigerant into the pump-out unit in some cases, these 

units may be considered ``system-dependent'' in those cases.{5} 

While small self-contained recovery devices are relatively
inexpensive, 

larger self-contained recovery devices may be prohibitively 

costly for persons who own and service a limited number of
chillers. 

Moreover, instead of purchasing large recovery devices, owners 

of chillers may contract out the recovery procedure if the built-

in unit is not capable of meeting the applicable evacuation 

requirements. EPA did not intend to require such owners to purchase


expensive equipment when this less costly remedy exists. Thus, 

EPA is adding a sentence to make this exemption explicit. However, 

persons exempted from  82.156(b) are still required to meet 

the other applicable requirements of  82.156 (e.g., evacuation 

requirements). 

        {5}  EPA understands that in general, pump-out units 

      쿽n chillers are equipped with their own pumps or
compressors, 

      퀇hich are not used during the operation of the
appliance. 

      쿛ump-out units equipped with their own compressors
would 

      쿻ot be considered system-dependent recovery equipment. 

      쿚n the other hand, system receivers, which are not
equipped 

      퀇ith their own compressors, would not be considered
recovery 

      쿮quipment at all because they are an integral part of 

      퀃he appliance.



5. Exemption for Pump-out Units From 15-pound Limit for System-

Dependent Equipment 



   Section 82.156(c) prohibits the use of system-dependent
equipment 

with appliances normally containing more than 15 pounds of
refrigerant. 

This prohibition was intended to cover small, portable system-

dependent equipment, which is not designed for the recovery 

of large quantities of refrigerant. As noted above, however, 

some large chillers are equipped with built-in pump-out units 

that could also be considered ``system-dependent equipment,'' 

but that are designed to be used for the recovery of large
quantities 

of refrigerant. EPA did not intend to prohibit the use of such 

pump-out units for recovery. Thus, EPA is revising  82.156(c) 

to read ``System-dependent equipment shall not be used with 

appliances normally containing more than 15 pounds of refrigerant, 

unless the system-dependent equipment is permanently attached 

to the appliance as a pump-out unit.'' 



6. Applicability Solely to Equipment Containing More Than 50 

Pounds of Refrigerant of Leak Repair and Associated Recordkeeping 

Requirements 



   Section 82.156(i), the leak repair requirement, contains 

two subparagraphs that apply to owners of different types of 

equipment. The first subparagraph,  82.156(i)(1), applies to 

``owners of commercial refrigeration and industrial process 

refrigeration,'' specifying no lower size limit for covered 

equipment. The second subparagraph,  82.156(i)(2), applies 

to ``owners of appliances normally containing more than 50 pounds 

of refrigerant and not covered by paragraph (i)(1).'' EPA has 

received numerous inquiries regarding whether or not it intended 

to include a lower size limit in the first subparagraph. 

   Although EPA did not explicitly restrict the scope of its 

leak repair requirement for commercial and industrial process 

refrigeration to equipment containing more than 50 pounds of 

refrigerant, EPA intended this requirement to cover only equipment 

containing at least 50 pounds. The definition of commercial 

refrigeration includes a note that ``[a]ll of the equipment 

contains large refrigerant charges, typically over 75 pounds,'' 

and the discussion of industrial process refrigeration that 

appears in the preamble to the rule includes a note that ``charge 

sizes can be very large, ranging from 750-3000 lbs for ice rinks, 

and rising as high as 20,000 lbs for built-up centrifugal units.'' 

(No other charge sizes are mentioned.) The preamble also notes: 

   The 50-pound cut-off is intended to exempt smaller equipment 

where the cost of repairing the leak is an order of magnitude 

higher than the environmental benefit of repairing the leak 

(RIA). The 50-pound cut-off is also consistent with guidance 

found in the ASHRAE Guideline 3-1990 (58 FR 28680). 

   This rationale applies to commercial and industrial process 

refrigeration as well as to other large appliances. 

   In order to clarify that only commercial and industrial process 

refrigeration equipment containing more than 50 pounds is covered 

by the leak repair requirements, EPA is now specifying this 

limit in  82.156(i)(1). 



D. Equipment Certification 





1. Measurement of Recovery Rates 



   Section 82.158(b)(6) requires manufacturers of recycling 

and recovery equipment to have an approved equipment testing 

organization measure the liquid and vapor recovery rates of 

equipment as part of the equipment certification process. EPA 

required measurement and publication of these recovery rates 

in order to ensure that technicians would not inadvertently 

purchase equipment whose recovery rates were too low for the 

intended application; the Agency was concerned that a technician 

purchasing underpowered equipment would be tempted to interrupt 

the resulting lengthy recovery process before it was complete. 

   However, some types of equipment do not have inherent liquid 

and vapor recovery rates. For instance, the recovery rate of 

system-dependent equipment depends upon the compressor of the 

individual appliance from which it is recovering refrigerant. 

EPA intended to exempt this equipment from the requirement to 

have its liquid and vapor recovery rate measured. First, system-

dependent equipment certified pursuant to  82.158(b) typically 

has a higher recovery rate than self-contained equipment, because 

appliance compressors are usually larger and therefore faster 

than recovery equipment compressors. Second, the use of system-

dependent equipment is limited to appliances normally containing 

less than 15 pounds of refrigerant. Thus, low recovery rates 

are not a concern for such equipment. EPA is therefore amending 

Section 82.158(b)(6) of the rule to clarify that equipment with 

no inherent liquid or vapor recovery rates need not have these 

rates measured. 



E. Technician Certification {6}



        {6}  Additional revisions to  82.161 have been
proposed 

      쿫y EPA. (See Federal Register published 8-15-94) These 

      쿾roposed changes will more clearly delineate who is
required 

      퀃o be certified.

   Section 82.161(a) requires that technicians be certified. 

EPA exempted from this requirement technicians that are disposing 

of small appliances, room air conditioners, and MVACs because 

these technicians are only recovering the refrigerant prior 

to the disposal of this equipment. As discussed earlier, persons 

disposing of this equipment were exempt from the requirement 

because the nature of this work is straight-forward. As outlined 

above, EPA is extending this exemption to MVAC-like appliances. 

Throughout the rule, EPA states that since MVAC appliances and 

MVAC-like appliances are similar in nature and design, it is 

appropriate for these technicians to be treated in a similar 

fashion. In  82.161(a)(5), EPA provides a method for those 

servicing MVAC-like appliances to be certified by attending 

a program designed and approved under section 609 for training 

and certifying MVAC technicians. Therefore, to maintain consistency


as discussed in Section A of this rulemaking, EPA will extend 

the exemption from the certification requirement to technicians 

that are disposing of MVAC-like appliances. In addition, since 

``room air conditioners'' are considered a type of small appliance,


and small appliances are already excepted from the certification 

requirement, EPA will delete ``room air conditioners'' from 

the list of exceptions. 



F. Reporting and Recordkeeping Requirements 





1. Sales Restriction-Effective Date for Recordkeeping 



   Section 82.166(a) establishes a recordkeeping requirement 

for all persons who sell or distribute any class I or class 

II substance for use as a refrigerant. Since no effective date 

was specified for this particular requirement, this provision 

became effective June 14, 1993, the effective date of the
Refrigerant 

Recycling Regulations. However, the restriction on selling or 

distributing of ozone-depleting refrigerants is not effective 

until November 14, 1994, pursuant to  82.154(n). EPA does not 

believe it is necessary to maintain records regarding the sale 

and distribution of refrigerant in advance of the effective 

date of the actual sales or distribution restriction. Furthermore, 

such a requirement places an unnecessary burden on industry. 

Without the existence of a sales restriction, the usefulness 

of such records is dubious. Therefore, through this action EPA 

will change the effective date for maintaining records regarding 

sales and distribution of refrigerants from June 14, 1993 to 

November 14, 1994. 



2. Proof of Employment of Certified Personnel 



   Section 82.166(b) allows the purchasers of any class I or 

class II refrigerants who employ certified technicians to provide 

evidence of each technician's certification to the wholesaler 

who sells them refrigerant. The wholesaler will keep this
information 

on file. The purchaser is further required to notify the wholesaler


regarding any changes in a technician's certification or employment


status. Concerns have recently been brought to EPA's attention 

about the practicability of implementing this provision. Large 

organizations often employ large numbers of certified technicians 

that may be situated at various locations around the country. 

Tracking and notifying wholesalers of employee status may result 

in an overwhelming responsibility. EPA did not intend this
requirement 

to place any undue burden on the employers of large numbers 

of technicians. In fact, EPA believed that allowing employers 

to purchase refrigerant for their technicians, instead of requiring


the technician to be physically present at the point of sale, 

would actually decrease the burden for the technician, the
wholesaler, 

and the technician's employer. 

   Therefore, EPA is modifying this requirement to read: Purchasers


of any class I or class II refrigerants who employ certified 

technicians may provide evidence that at least one technician 

is properly certified to the wholesaler who sells them refrigerant;


the wholesaler will then keep this information on file and may 

sell refrigerant to the purchaser or his authorized representative 

even if such purchaser or authorized representative is not a 

properly certified technician. In such cases, the purchaser 

must notify the wholesaler in the event that the purchaser no 

longer employs at least one properly certified technician. The 

wholesaler is then prohibited from selling class I or class 

II refrigerants to the purchaser until such time as the purchaser 

employs at least one properly certified technician. At that 

time, the purchaser must provide new evidence that at least 

one technician is properly certified. 

   EPA believes that this requirement will still have the intended 

effect of lessening the likelihood that refrigerant is sold 

for use by non-certified personnel, while providing a more
reasonable 

means for purchasers to comply with the sales restriction. 



G. Appendix A 



   EPA adopted an industry standard in the final rule based 

on the Air-conditioning and Refrigeration Institute (ARI) Standard 

700-1988. This standard appeared as Appendix A to Subpart F-

Specification for Fluorocarbon Refrigerants. EPA was aware of 

efforts to revise ARI 700-1988 while the final regulations were 

being drafted. However, the revised version was not completed 

in time for incorporation into this appendix by EPA. As discussed 

above, the updated version, known as ARI 700-1993, includes 

changes in three areas: it adds purity standards for eleven 

additional refrigerants; it increases liquid phase contaminant 

water levels from 10ppm in ARI 700-1988 to 20ppm in ARI 700-

1993 for R-11 and R-113 only; and, where ARI 700-1988 allowed 

0.5 as the maximum percentage by weight of ``other refrigerants,'' 

ARI 700-1993 allows 0.50 as the maximum percentage by weight 

of ``all other organic impurities, including other refrigerants.'' 

The inclusion of all organic impurities in the limit effectively 

tightens the standard, and the change from 0.5 to 0.50 reduces 

the tolerance of the standard by a factor of ten. EPA has reviewed 

ARI 700-1993 and believes it should be substituted because it 

covers additional refrigerants, it increases liquid phase
contaminant 

water levels, and broadens the maximum percentage of weight 

requirement to include all other organic impurities instead 

of just other refrigerants. Through this action EPA will substitute


the standard based on ARI Standard 700-1988 with a standard 

based on ARI Standard 700-1993. 



H. Appendix B 



   Appendix B to Subpart F-Performance of Refrigerant Recovery, 

Recycling and/or Reclaim Equipment was mistakenly referred to 

in the introduction of appendix B as ARI Standard 740-1991. 

However, this is incorrect. Appendix B is based upon ARI Standard 

740-1993. Through this action EPA will correct the reference 

in the introduction to appendix B. 



I. Appendix D 



   Appendix D to subpart F-Standards for Becoming a Certifying 

Program for Technicians includes reporting requirements for 

approved programs. Certifying programs are required to submit 

to EPA activity reports every six months, the first to be submitted


six months following the date the program was approved. Since 

EPA has been approving programs on a continual basis, these 

reports are due at various times, instead of being submitted 

simultaneously. In order to maximize EPA's ability to review 

and respond to the information supplied by the programs, EPA 

is standardizing the reporting dates. Certifying programs will 

submit reports to EPA on January 30 and June 30, beginning with 

the first full six-month period for which the program has been 

approved. This means that if a program is approved on March 

31, that program is required to submit its first activity report 

to EPA on the following January 30. 



J. Removal of Parenthetical Statements 



   EPA is deleting the parenthetical notes in the individual 

sections of 40 CFR part 82, subpart F. The Agency consolidated 

its display of OMB control numbers in 40 CFR part 9 (see 58 

FR 18014, 58 FR 24724, 58 FR 34198 and 58 FR 34369) including 

the control number for 40 CFR part 82, subpart F; this consolidated


display makes the parenthetical statements in the individual 

sections of Subpart F duplicative. The information collection 

request (ICR) was previously subject to public notice and comment 

prior to OMB approval. 



III. Effective Dates 



   This final action will become effective on October 18, 1994 

unless EPA is notified by September 19, 1994 that any person 

wishes to submit adverse comment. Should EPA receive such notice, 

EPA will publish one subsequent action in the Federal Register 

to withdraw this final action and another action proposing this 

action and requesting comments. In such a case, following a 

public comment period, the Agency will draft the final regulation 

to be published in the Federal Register. 



IV. Summary of Supporting Analysis 





A. Executive Order 12866 



   Under Executive Order 12866 (58 FR 51735, October 4, 1993), 

the Agency must determine whether this regulatory action is 

``significant'' and therefore subject to OMB review and the 

requirements of the Executive Order. The Order defines
``significant'' 

regulatory action as one that is likely to lead to a rule that 

may: 

   (1) Have an annual effect on the economy of $100 million 

or more, or adversely and materially affect a sector of the 

economy, productivity, competition, jobs, the environment, public 

health or safety, or State, local, or tribal governments or 

communities; 

   (2) Create a serious inconsistency or otherwise interfere 

with an action taken or planned by another agency; 

   (3) Materially alter the budgetary impact of entitlement, 

grants, user fees, or loan programs or the rights and obligations 

of recipients thereof; or 

   (4) Raise novel legal or policy issues arising out of legal 

mandates, the President's priorities, or the principles set 

forth in the Executive Order. 

   It has been determined by OMB and EPA that this amendment 

to the final rule is not a ``significant regulatory action'' 

under the terms of Executive Order 12866 and is therefore not 

subject to OMB review under the Executive Order. 



B. Regulatory Flexibility Act 



   The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires 

that Federal agencies examine the impacts of their regulations 

on small entities. Under 5 U.S.C. 604(a), whenever an agency 

is required to publish a general notice of proposed rulemaking, 

it must prepare and make available for public comment an initial 

regulatory flexibility analysis (RFA). Such an analysis is not 

required if the head of an agency certifies that a rule will 

not have a significant economic impact on a substantial number 

of small entities, pursuant to 5 U.S.C. 605(b). 

   EPA believes that any impact that this amendment will have 

on the regulated community will serve only to provide relief 

from otherwise applicable regulations, and will therefore limit 

the negative economic impact associated with the regulations 

previously promulgated under Section 608. An examination of 

the impacts on small entities was discussed in the final rule 

(58 FR 28660). That final rule assessed the impact the rule 

may have on small entities. A separate regulatory impact analysis 

accompanied the final rule and is contained in Docket A-92-01. 

I certify that this amendment to the refrigerant recycling rule 

will not have any additional negative economic impacts on any 

small entities. 



C. Paperwork Reduction Act 



   Any information collection requirements in a rule must be 

submitted for approval to the Office of Management and Budget 

(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 

Because no additional informational collection requirements 

are required by this amendment, EPA has determined that the 

Paperwork Reduction Act does not apply to this rulemaking and 

no new Information Collection Request document has been prepared. 



V. Judicial Review 



   Because these regulations are nationally applicable under 

section 307(b)(1) of the Act, judicial review of this action 

is available only by the filing of a petition for review in 

the United States Court of Appeals for the District of Columbia 

Circuit within sixty days of publication of this action in the 

Federal Register. 



List of Subjects in 40 CFR Part 82 



   Administrative practice and procedure, Air pollution control, 

Chemicals, Chlorofluorocarbons, Exports, Hydrochlorofluorocarbons, 

Imports, Interstate commerce, Nonessential products, Reporting 

and recordkeeping requirements, Stratospheric ozone layer. 



   Dated: August 5, 1994.



Carol M. Browner, 

Administrator. 

   Part 82, Chapter I, title 40 of the code of Federal Regulations 

is amended as follows: 



PART 82-PROTECTION OF STRATOSPHERIC OZONE 



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

follows: 



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



   2. Section 82.152 is amended by revising paragraphs (q) and 

(x) to read as follows: 



 82.152   Definitions. 

*     *     *     *     *     

   (q) Reclaim refrigerant means to reprocess refrigerant to 

at least the purity specified in appendix A to 40 CFR part 82, 

subpart F (based on ARI Standard 700-1993, Specifications for 

Fluorocarbon and Other Refrigerants) and to verify this purity 

using the analytical methodology prescribed in appendix A. In 

general, reclamation involves the use of processes or procedures 

available only at a reprocessing or manufacturing facility. 

*     *     *     *     *     

   (x) Technician means any person who performs maintenance, 

service, or repair that could reasonably be expected to release 

class I or class II substances from appliances into the atmosphere,


including, but not limited to, installers, contractor employees, 

in-house service personnel, and in some cases, owners. Technician 

also means any person disposing of appliances except for small 

appliances, MVACs, and MVAC-like equipment. 

*     *     *     *     *     

   3. Section 82.154 is amended by revising paragraphs (g) and 

(h) to read as follows: 



 82.154   Prohibitions. 

*     *     *     *     *     

   (g) Effective October 18, 1994 until May 15, 1995, no person 

may sell or offer for sale for use as a refrigerant any class 

I or class II substance consisting wholly or in part of used 

refrigerant unless: 

   (1) The class I or class II substance has been reclaimed 

as defined at  82.152(g); 

   (2) The class I or class II substance was used only in an 

MVAC or MVAC-like appliance and is to be used only in an MVAC 

or MVAC-like appliance; or 

   (3) The class I or class II substance is contained in an 

appliance that is sold or offered for sale together with the 

class I or class II substance. 

   (h) Effective October 18, 1994 until May 15, 1995, no person 

may sell or offer for sale for use as a refrigerant any class 

I or class II substance consisting wholly or in part of used 

refrigerant unless: 

   (1) The class I or class II substance has been reclaimed 

by a person who has been certified as a reclaimer pursuant to 

 82.164; 

   (2) The class I or class II substance was used only in an 

MVAC or MVAC-like appliance and is to be used only in an MVAC 

or MVAC-like appliance; or 

   (3) The class I or class II substance is contained in an 

appliance that is sold or offered for sale together with the 

class I or class II substance. 

*     *     *     *     *     

   4. Section 82.156 is amended by revising paragraphs (a)(1)(ii), 

(a)(2)(i)(B), (a)(3), (b), (c), and (i)(1), and by adding
paragraphs 

(a)(1)(iii) and (a)(2)(iii) to read as follows: 



 82.156   Required practices. 

*     *     *     *     *     

   (a) * * * 

   (1) * * * 

   (ii) Due to leaks in the appliance, evacuation to the levels 

in Table 1 is not attainable, or would substantially contaminate 

the refrigerant being recovered; or 

   (iii) The recycling or recovery equipment was certified pursuant


to  82.158(b)(2). In any of these cases, the requirements of 

 82.156(a)(2) must be followed. 

   (2) * * * 

   (i) * * * 

   (B) Be pressurized to 0 psig before it is opened if it is 

a low-pressure appliance. Persons pressurizing low-pressure 

appliances that use refrigerants with boiling points at or below 

85 F at 29.9 inches of mercury (standard atmospheric
pressure), 

(e.g., CFC-11 and HCFC-123,) must not use methods, such as
nitrogen, 

that require subsequent purging. Persons pressurizing low-pressure 

appliances that use refrigerants with boiling points above 85


F at 29.9 inches of mercury, e.g., CFC-113, must use heat to 

raise the internal pressure of the appliance as much as possible, 

but may use nitrogen to raise the internal pressure of the
appliance 

from the level attainable through use of heat to atmospheric 

pressure. 

*     *     *     *     *     

   (iii) If the recycling or recovery equipment was certified 

pursuant to  82.158(b)(2), technicians must follow the
manufacturer's 

directions for achieving the required recovery efficiency. 

*     *     *     *     *     

   (3) Persons disposing of appliances except for small appliances,


MVACs, and MVAC-like appliances, must evacuate to the levels 

in Table 1 unless, due to leaks in the appliance, evacuation 

to the levels in Table 1 is not attainable, or would substantially 

contaminate the refrigerant being recovered. If, due to leaks 

in the appliance, evacuation to the levels in Table 1 is not 

attainable, or would substantially contaminate the refrigerant 

being recovered, persons disposing of the appliance must: 

   (i) Isolate leaking from non-leaking components wherever 

possible; 

   (ii) Evacuate non-leaking components to the levels specified 

in Table 1; and 

   (iii) Evacuate leaking components to the lowest level that 

can be attained without substantially contaminating the
refrigerant. 

In no case shall this level exceed 0 psig. 

*     *     *     *     *     

   (b) Effective October 18, 1994, all persons opening appliances 

except for small appliances and MVACs for maintenance, service, 

or repair and all persons disposing of appliances except small 

appliances, MVACs, and MVAC-like appliances must have at least 

one piece of certified, self-contained recovery or recycling 

equipment available at their place of business. Persons who 

maintain, service, repair, or dispose of only appliances that 

they own and that contain pump-out units are exempt from this 

requirement. This exemption does not relieve such persons from 

other applicable requirements of  82.156. 

   (c) System-dependent equipment shall not be used with appliances


normally containing more than 15 pounds of refrigerant, unless 

the system-dependent equipment is permanently attached to the 

appliance as a pump-out unit. 

*     *     *     *     *     

   (i) * * * (1) Owners of commercial refrigeration and industrial 

process refrigeration equipment normally containing more than 

50 pounds of refrigerant must have all leaks repaired if the 

equipment is leaking at a rate such that the loss of refrigerant 

will exceed 35 percent of the total charge during a 12-month 

period, except as described in paragraph (i)(3) of this section. 

*     *     *     *     *     

   5. Section 82.158 is amended by revising paragraphs (b)(2) 

and (b)(6) to read as follows: 



 82.158   Standards for recycling and recovery equipment. 

*     *     *     *     *     

   (b) * * * 

   (2) Recovery or recycling equipment whose recovery efficiency 

cannot be tested according to the procedures in ARI 740-1993 

may be certified if an approved third-party testing organization 

adopts and performs a test that demonstrates, to the satisfaction 

of the Administrator, that the recovery efficiency of that
equipment 

is equal to or better than that of equipment that: 

   (i) Is intended for use with the same type of appliance; 

and 

   (ii) Achieves the level of evacuation in Table 2. The
manufacturer's 

instructions must specify how to achieve the required recovery 

efficiency, and the equipment must be tested when used according 

to these instructions. 

*     *     *     *     *     

   (6) The equipment must have its liquid recovery rate and 

its vapor recovery rate measured under the conditions of ARI 

740-1993, unless the equipment has no inherent liquid or vapor 

recovery rate. 

*     *     *     *     *     

   6. Section 82.161 is amended by revising paragraph (a)
introductory 

text to read as follows: 



 82.161   Technician certification. 



   (a) Effective November 14, 1994, persons who maintain, service, 

or repair appliances, except MVACs, and persons who dispose 

of appliances, except for small appliances, room air conditioners, 

MVACs and MVAC-like appliances, must be certified by an approved 

technician certification program as follows: 

*     *     *     *     *     

   7. Section 82.164 is amended by revising the introductory 

text and paragraphs (a), (b), (c), and (d) and by redesignating 

paragraphs (e) and (f) as (f) and (g) and by adding a new paragraph


(e) to read as follows: 



 82.164   Reclaimer certification. 



   Effective October 18, 1994, persons reclaiming used refrigerant 

for sale to a new owner must certify to the Administrator that 

such person will: 

   (a) Return refrigerant to at least the standard of purity 

set forth in appendix A (based on ARI Standard 700-1993,
Specifications 

for Fluorocarbon and Other Refrigerants); 

   (b) Verify this purity using the methods set forth in appendix 

A; 

   (c) Release no more than 1.5 percent of the refrigerant during 

the reclamation process; and 

   (d) Dispose of wastes from the reclamation process in accordance


with all applicable laws and regulations. 

   (e) The data elements for certification are as follows: 

   (1) The name and address of the reclaimer; 

   (2) A list of equipment used to reprocess and analyze the 

refrigerant; and 

   (3) The owner or a responsible officer of the reclaimer must 

sign the certification stating that the refrigerant will be 

returned to at least the standard of purity set forth in appendix 

A, that the purity of the refrigerant will be verified using 

the methods set forth in appendix A, that no more than 1.5 percent 

of the refrigerant will be released during the reclamation process,


that wastes from the reclamation process will be properly disposed 

of, and that the information given is true and correct. The 

certification should be sent to the following address: Section 

608 Recycling Program Manager, Reclaimer Certification,
Stratospheric 

Protection Division (6205J), U.S. Environmental Protection Agency, 

401 M Street, SW., Washington, DC 20460. 

*     *     *     *     *     

   8. Section 82.166 is amended by revising paragraphs (a) and 

(b) to read as follows: 



 82.166   Reporting and recordkeeping requirements. 



   (a) Effective November 14, 1994, all persons who sell or 

distribute any class I or class II substance for use as a
refrigerant 

must retain invoices that indicate the name of the purchaser, 

the date of sale, and the quantity of refrigerant purchased. 

   (b) Purchasers of any class I or class II refrigerants who 

employ certified technicians may provide evidence that at least 

one technician is properly certified to the wholesaler who sells 

them refrigerant; the wholesaler will then keep this information 

on file and may sell refrigerant to the purchaser or his authorized


representative even if such purchaser or authorized representative 

is not a properly certified technician. In such cases, the
purchaser 

must notify the wholesaler in the event that the purchaser no 

longer employs at least one properly certified technician. The 

wholesaler is then prohibited from selling class I or class 

II refrigerants to the purchaser until such time as the purchaser 

employs at least one properly certified technician. At that 

time, the purchaser must provide new evidence that at least 

one technician is properly certified. 

*     *     *     *     *     

   9. Appendix A to subpart F is revised to read as follows:



Appendix A to Subpart F-Specifications for Fluorocarbon
Refrigerants 

   This appendix is based on Air-Conditioning and Refrigeration 

Institute Standard 700-93: 



Section 1. Purpose 

   1.1 Purpose. The purpose of this standard is to evaluate 

and accept/reject refrigerants regardless of source (new, reclaimed


and/or repackaged) for use in new and existing refrigeration 

and air-conditioning products. 

   1.1.1 This standard is intended for the guidance of the industry


including manufacturers, refrigerant reclaimers, repackagers, 

distributors, installers, servicemen, contractors and for
consumers. 

   1.2 Review and Amendment. This standard is subject to review 

and amendment as the technology advances. The dynamics of this 

technology is advancing so rapidly that changes to this standard 

must be frequent. 



Section 2. Scope 

   2.1 Scope. This standard specifies acceptable levels of
contaminants 

(purity requirements) for various fluorocarbon refrigerants 

regardless of source and lists acceptable test methods. These 

refrigerants are R11; R12; R13; R22; R113; R114; R123; R124; 

R500; R502 and R503 as referenced in the ANSI/ASHRAE Standard 

Number Designation and Safety Classification of Refrigerants 

(American Society of Heating, Refrigerating and Air Conditioning 

Engineers, Inc., Standard 34 1992). Copies may be obtained from 

ASHRAE Publications Sales, 1791 Tullie Circle, NE., Atlanta, 

GA 30329. Copies may also be inspected at Public Docket No. 

A-92-01, Waterside Mall (Ground Floor) Environmental Protection 

Agency, 401 M Street, SW., Washington, DC in room M-1500. In 

addition the following blends are listed: R22/152a/124 (53/13/34); 

R22/152a/124 (61/11/28); R125/290/22 (60/2/38); R125/290/22 

(38/2/60). 



Section 3. Definitions 

   3.1 ``Shall'', ``Should'', ``Recommended'', or ``It Is
Recommended''. 

``Shall'', ``should'', ``recommended'', or ``it is recommended'' 

shall be interpreted as follows: 

   3.1.1 Shall. Where ``shall'' or ``shall not'' is used for 

a provision specified, that provision is mandatory if compliance 

with the standard is claimed. 

   3.1.2 Should, Recommended, or It is Recommended. ``Should 

'', ``recommended'', or ``it is recommended'' is used to indicate 

provisions which are not mandatory but which are desirable as 

good practice. 



Section 4. Characterization of Refrigerants and Contaminants 

   4.1 Characterization. Characterization of refrigerants and 

contaminants addressed are listed in the following general
classifications:

4.1.1 Characterization:



  a. Gas Chromatography 



  b. Boiling point and boiling point range 

4.1.2 Contaminants 



  a. Water 



  b. Chloride 



  c. Acidity 



  d. High boiling residue 



  e. Particulates/solids 



  f. Non-condensables 



  g. Impurities including other refrigerants 



Section 5. Sampling, Summary of Test Methods and Maximum
Permissible 

Contaminant Levels 

   5.1 Referee Test. The referee test methods for the various 

contaminants are summarized in the following paragraphs. Detailed 

test procedures are included in Parts 1 through 9, 12 through 

15, and 19 through 23 of Appendix-93 to ARI Standard 700:
Analytical 

Procedures of ARI Standard 700-93, 1994, the Air-Conditioning 

and Refrigeration Institute. These parts of Appendix-93 to ARI 

700 are incorporated by reference. This incorporation by reference 

was approved by the Director of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained 

from the Air-Conditioning and Refrigeration Institute, 4301 

North Fairfax Drive, Arlington, Virginia 22203. Copies may also 

be inspected at Public Docket No. A-92-01, Waterside Mall (Ground 

Floor) Environmental Protection Agency, 401 M Street, SW.,
Washington, 

DC in room M-1500 or at the Office of the Federal Register, 

800 North Capitol Street, NW., Suite 700, Washington, DC. If 

alternate test methods are employed, the user must be able to 

demonstrate that they produce results equivalent to the specified 

referee method. 

   5.2 Refrigerant Sampling. 

   5.2.1 Sampling Precautions. Special precautions should be 

taken to assure that representative samples are obtained for 

analysis. Sampling shall be done by trained laboratory personnel 

following accepted sampling and safety procedures. 

   5.2.2 Gas Phase Sample. A gas phase sample shall be obtained 

for determining the non-condensables. Since non-condensable 

gases, if present, will concentrate in the vapor phase of the 

refrigerant, care must be exercised to eliminate introduction 

of air during the sample transfer. Purging is not an acceptable 

procedure for a gas phase sample since it may introduce a foreign 

product. Since R11, R113 and R123 have normal boiling points 

at or above room temperature, non-condensable determination 

is not required for these refrigerants. 

   5.2.2.1 Connection. The sample cylinder shall be connected 

to an evacuated gas sampling bulb by means of a manifold. The 

manifold should have a valve arrangement that facilitates
evacuation 

of all connecting tubing leading to the sampling bulb. 

   5.2.2.2 Equalizing Pressures. After the manifold has been 

evacuated, close the valve to the pump and open the valve on 

the system. Allow the pressure to equilibrate and close valves. 

   5.2.3 Liquid Phase Sample. A liquid phase sample is required 

for all tests listed in this standard except the test for non-

condensables. 

   5.2.3.1 Preparation. Place an empty sample cylinder with 

the valve open in an oven at 230 F [110 C] for one
hour. Remove 

it from the oven while hot, immediately connect to an evacuation 

system and evacuate to less than 1 mm mercury (1000 microns). 

Close the valve and allow it to cool. 

   5.2.3.2 Manifolding. The valve and lines from the unit to 

be sampled shall be clean and dry. The cylinder shall be connected 

to an evacuated gas sampling cylinder by means of a manifold. 

The manifold should have a valve arrangement that facilitates 

evacuation of all connecting tubing leading to the sampling 

cylinder. 

   5.2.3.3 Liquid Sampling. After the manifold has been evacuated, 

close the valve to the pump and open the valve on the system. 

Take the sample as a liquid by chilling the sample cylinder 

slightly. Accurate analysis requires that the sample container 

be filled to at least 60% by volume, however under no circumstances


should the cylinder be filled to more than 80% by volume. This 

can be accomplished by weighing the empty cylinder and then 

the cylinder with refrigerant. When the desired amount of
refrigerant 

has been collected, close the valve(s) and disconnect the sample 

cylinder immediately. 

   5.2.3.4 Record Weight. Check the sample cylinder for leaks 

and record the gross weight. 

   5.3 Refrigerant Purity Characterization. 

   5.3.1 Primary Method. The primary method shall be gas
chromatography 

(GC) as described in Appendix-93 to ARI Standard 700. The
chromatogram 

of the sample shall be compared to known standards. 

   5.3.2 Alternative Method. Determination of the boiling point 

and boiling point range is an acceptable alternative test method 

which can be used to characterize refrigerants. The test method 

shall be that described in the Federal Specification for
``Fluorocarbon 

Refrigerants,'' BB-F-1421 B, dated March 5, 1982, section 4.4.3 

which is incorporated by reference. This incorporation by reference


was approved by the Director of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained 

from the U.S. Government Printing Office, Superintendent of 

Documents, Mail Stop: SSOP, Washington, DC 20402-9328. Copies 

may also be inspected at Public Docket No. A-92-01, Waterside 

Mall (Ground Floor) Environmental Protection Agency, 401 M Street, 

SW., Washington, DC in room M-1500 or at the Office of the Federal 

Register, 800 North Capitol Street, NW., Suite 700, Washington, 

DC.

   5.3.3 Required Values. The required values for boiling point 

and boiling point range are given in table 1, Physical Properties 

of Fluorocarbon Refrigerants and Maximum Contaminant Levels. 

   5.4 Water Content. 

   5.4.1 Method. The Coulometric Karl Fischer Titration shall 

be the primary test method for determining the water content 

of refrigerants. This method is described in Appendix-93 to 

ARI Standard 700. This method can be used for refrigerants that 

are either a liquid or a gas at room temperature, including 

refrigerants 11 and 113, and 123. For all refrigerants, the 

sample for water analysis shall be taken from the liquid phase 

of the container to be tested. Proper operation of the analytical 

method requires special equipment and an experienced operator. 

The precision of the results is excellent if proper sampling 

and handling procedures are followed. Refrigerants containing 

a colored dye can be successfully analyzed for water using this 

method. 

   5.4.2 Alternative Method. The Karl Fischer Test Method is 

an acceptable alternative test method to the Coulometric Karl 

Fischer Titration for determining the water content of
refrigerants. 

This method is described in ASTM E700-79, (Reapproved 1990), 

Standard Test Method for Water in Gases Using Karl Fischer Reagent 

(American Society for Testing and Materials, Philadelphia, PA), 

which is incorporated by reference. This incorporation by reference


was approved by the Director of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained 

from the American Society for Testing and Materials, Philadelphia, 

PA. Copies may also be inspected at Public Docket No. A-92-01, 

Waterside Mall (Ground Floor) Environmental Protection Agency, 

401 M Street, SW., Washington, DC in room M-1500 or at the Office 

of the Federal Register, 800 North Capitol Street, NW., Suite 

700, Washington, DC. 

   5.4.3 Limits. The value for water content shall be expressed 

as parts per million by weight and shall not exceed the maximum 

specified (see tables 1 and 1a). 

   5.5 Chloride. The refrigerant shall be tested for chloride 

as an indication of the presence of hydrochloric acid and/or 

metal chlorides. The recommended procedure is intended for use 

with new or reclaimed refrigerants. Significant amounts of oil 

may interfere with the results by indicating a failure in the 

absence of chloride. 

   5.5.1 Method. The test method shall be that described in 

Appendix-93 to ARI Standard 700. The test will show noticeable 

turbidity at chloride levels of about 3 ppm by weight or higher. 

   5.5.2 Turbidity. The results of the test shall not exhibit 

any sign of turbidity. Report the results as ``pass'' or ``fail.'' 

   5.6 Acidity. 

   5.6.1 Method. The acidity test uses the titration principle 

to detect any compound that is highly soluble in water and ionizes 

as an acid. The test method shall be that described in Appendix-

93 to ARI Standard 700. This test may not be suitable for
determination 

of high molecular weight organic acids; however these acids 

will be found in the high boiling residue test outlined in 5.7. 

The test requires a 100 to 120 gram sample and has a detection 

limit of 0.1 ppm by weight calculated as HCl. 

   5.6.2 Limits. The maximum permissible acidity is 1 ppm by 

weight as HCl. 

   5.7 High Boiling Residue. 

   5.7.1 Method. High boiling residue shall be determined by 

measuring the residue of a standard volume of refrigerant after 

evaporation. The refrigerant sample shall be evaporated at room 

temperature or at a temperature 50 F [28K], above the boiling


point of the sample using a Goetz bulb as specified in Appendix-

93 to ARI Standard 700. Oils and or organic acids will be captured 

by this method. 

   5.7.2  Limits. The value for high boiling residue shall be 

expressed as a percentage by volume and shall not exceed the 

maximum percent specified (see tables 1 and 1a). 

   5.8 Particulates/Solids. 

   5.8.1 Method. A measured amount of sample is evaporated from 

a Goetz bulb under controlled temperature conditions. The
particulates/solids 

shall be determined by visual examination of the Goetz bulb 

prior to the evaporation of refrigerant. Presence of dirt, rust 

or other particulate contamination is reported as ``fail.'' 

For details of this test method, refer to Appendix-93 to ARI 

Standard 700. 

   5.9 Non-Condensables. 

   5.9.1 Sample. A vapor phase sample shall be used for
determination 

of non-condensables. Non-condensable gases consist primarily 

of air accumulated in the vapor phase of refrigerants. The
solubility 

of air in the refrigerants liquid phase is extremely low and 

air is not significant as a liquid phase contaminant. The presence 

of non-condensable gases may reflect poor quality control in 

transferring refrigerants to storage tanks and cylinders. 

   5.9.2 Method. The test method shall be gas chromatography 

with a thermal conductivity detector as described in Appendix-

93 to ARI Standard 700. 

   5.9.3 Limit. The maximum level of non-condensables in the 

vapor phase of a refrigerant in a container shall not exceed 

1.5% by volume (see table 1 and 1a). 

   5.10 Impurities, including Other Refrigerants. 

   5.10.1 Method. The amount of other impurities including other 

refrigerants in the subject refrigerant shall be determined 

by gas chromatography as described in Appendix-93 to ARI Standard 

700. 

   5.10.2 Limit. The subject refrigerant shall not contain more 

than 0.50% by weight of impurities including other refrigerants 

(see table 1 and 1a). 



Section 6. Reporting Procedure 

   6.1 Reporting Procedure. The source (manufacturer, reclaimer 

or repackager) of the packaged refrigerant shall be identified. 

The refrigerant shall be identified by its accepted refrigerant 

number and/or its chemical name. Maximum permissible levels 

of contaminants are shown in table 1. Test results shall be 

tabulated in a like manner.





                                     Table 1.-Characteristics of
Refrigerants and Maximum Contaminant Levels                        
            

                                                                   
                                                                   
         

컴컴컴컴컴컴컴컴컴컴컴컴컫컴컴컴컴컴컴컴컴컴컴쩡컴컴컴컴컴컴컴쩡컴컴컴컴쩡컴컴컴컴쩡컴컴컴컴컫컴컴컴컴컫컴컴컴컴컫컴컴컴컴컫컴컴컴컴컫컴컴컴컴컴

                            Reporting units    
Reference      R11      R12       R13     
R22      R113     R114     R123     R124   


                                              
(subclause)                                
                                           


컴컴컴컴컴컴컴컴컴컴컴컴컵컴컴컴컴컴컴컴컴컴컴탠컴컴컴컴컴컴컴탠컴컴컴컴탠컴컴컴컴탠컴컴컴컴컵컴컴컴컴컵컴컴컴컴컵컴컴컴컴컵컴컴컴컴컵컴컴컴컴컴

                                                       
                                        
                                      

Characteristics*:                                      
                                        
                                      

  Boiling Point*........  F @ 1.00 atm......           
        74.9    -21.6    -114.6    -41.4
   117.6     38.8     82.6     12.2   

                          C @ 1.00 atm.....      
             23.8    -29.8     -81.4   
-40.8     47.6      3.8     27.9    -11.0  


  Boiling Point Range*..  K.................           
         0.3      0.3       0.5      0.3
     0.3      0.3      0.3      0.3   

  Typical Isomer Content  By weight.........           
                                        
    0-1%    0-30%     0-8%     0-5%   

                                                       
                                        
                                      

                          ..................           
                                        
   R113a    R114a    R123a    R124a   

Vapor phase contaminants:                              
                                        
                                      

  Air and other non-      % by volume @ 25             
5.9    N/A**      1.5       1.5      1.5
   N/A**      1.5    N/A**      1.5   

   condensables.           C                     
                                           
                                        

Liquid phase                                           
                                        
                                      

 contaminants:                                         
                                        
                                      

  Water.................  ppm by weight.....           
5.4       20       10        10       10
      20       10       20       10   

  All other impurities    % by weight.......          
5.10     0.50     0.50      0.50     0.50
    0.50     0.50     0.50     0.50   

   including                                           
                                        
                                      

   refrigerants.                                       
                                        
                                      

  High boiling residue..  % by volume.......           
5.7     0.01     0.01      0.05     0.01
    0.03     0.01     0.01     0.01   

  Particulates/solids...  Visually clean to            
5.8     Pass     Pass      Pass     Pass
    Pass     Pass     Pass     Pass   

                           pass                        
                                        
                                      

  Acidity...............  ppm by weight.....           
5.6      1.0      1.0       1.0      1.0
     1.0      1.0      1.0      1.0   

  Chlorides***..........  No visible                   
5.5     Pass     Pass      Pass     Pass
    Pass     Pass     Pass     Pass   

                           turbidity                   
                                        
                                      

컴컴컴컴컴컴컴컴컴컴컴컴컨컴컴컴컴컴컴컴컴컴컴좔컴컴컴컴컴컴컴좔컴컴컴컴좔컴컴컴컴좔컴컴컴컴컨컴컴컴컴컨컴컴컴컴컨컴컴컴컴컨컴컴컴컴컨컴컴컴컴컴

  *Boiling points and boiling point ranges, although not required,
are provided for informational purposes.                           
          

  **Since R11, R113 and R123 have normal boiling points at or above
room temperature, non-condensable determinations are not required
for these  

  refrigerants.                                                    
                                                                   
         

  ***Recognized Chloride level for pass/fail is 3ppm.              
                                                                   
         







                                    Table 1A.-Characteristcs of
Refrigerants and Maximum Contaminant Levels                        
           

                                                                   
                                                                   
       

컴컴컴컴컴컴컴컴컴컫컴컴컴컴컴컴컴쩡컴컴컴컫컴컴컴컴컴컴컫컴컴컴컴컴컴컫컴컴컴컴컴컴컫컴컴컴컴컴컴컫컴컴컴컴컴컴컫컴컴컴컴컴컴컫컴컴컴컴컴컴컴

                                  Refer-         
                                           
                                        

                      Reporting     ence         
                                           
                                        

                        units     (subc-    
R401A        R401B        R402A        R402B   
     R500         R502         R503      

                                   lause         
                                           
                                        

                                     )           
                                           
                                        

컴컴컴컴컴컴컴컴컴컵컴컴컴컴컴컴컴탠컴컴컴컵컴컴컴컴컴컴컵컴컴컴컴컴컴컵컴컴컴컴컴컴컵컴컴컴컴컴컴컵컴컴컴컴컴컴컵컴컴컴컴컴컴컵컴컴컴컴컴컴컴

                                                 
                                           
                                        

Characteristics*:                                
                                           
                                        

  Refrigerant       ............           
R22/152a/    R22/152a/  R125/290/22  R125/290/22
    R12/152A      522/115       R23/13   

   Components.                                   
124          124                           
                                        

  Nominal Comp,     ............            
53/13/34     61/11/28      60/2/38      38/2/60
   73.8/26.2    48.8/51.2    40.1/59.9   

   weight%.                                      
                                           
                                        

  Allowable Comp,   ............         
51-55/11.5-   59-63/9.5-   58-62/1-3/ 
6-40/1-3/58   72.8-74.8/   44.8-52.8/ 
39-41/59-61   

   weight%.                                    
13.5/        11.5/        36-40          -62
   25.2-27.2    47.2-55.2                

                                               
33-35        27-29                          
                                         

  Boiling Point* .  F @ 1.00 atm           -27.6
to -   -30.4 to -   -56.5 to -   -53.3 to -
                                         

                                                
16.0         18.5         52.9         49.0
                                         

                    C @ 1.00 atm           -33.4
to -   -34.7 to -   -49.1 to -   -47.4 to -
       -33.5        -45.4        -88.7   

                                                
26.6         28.6         47.2         45.0
                                         

  Boiling Point     K ..........                 
                                           
        0.5          0.5          0.5   

   Range*.                                       
                                           
                                        

Vapor Phase                                      
                                           
                                        

 Contaminants:                                   
                                           
                                        

  Air and other     % by volume      5.9         
1.5          1.5          1.5          1.5 
        1.5          1.5          1.5   

   non-.             @ 25C                 
                                               
                                         

   condensables.                                 
                                           
                                        

Liquid Phase                                     
                                           
                                        

 Contaminants:                                   
                                           
                                        

  Water ..........  ppm by           5.4         
 10           10           10           10 
         10           10           10   

                     weight                      
                                           
                                        

  All other         % by weight     5.10        
0.50         0.50         0.50         0.50
        0.50         0.50         0.50   

   impurities                                    
                                           
                                        

   including                                     
                                           
                                        

   refrigerants.                                 
                                           
                                        

  High boiling      % by volume      5.7        
0.01         0.01         0.01         0.01
        0.05         0.01         0.01   

   residue.                                      
                                           
                                        

  Particulates/     Visually         5.8        
Pass         Pass         Pass         Pass
        Pass         Pass         Pass   

   solids.           clean to                    
                                           
                                        

                     pass                        
                                           
                                        

  Acidity ........  ppm by           5.6         
1.0          1.0          1.0          1.0 
        1.0          1.0          1.0   

                     weight                      
                                           
                                        

  Chlorides** ....  No visible       5.5        
Pass         Pass         Pass         Pass
        Pass         Pass         Pass   

                     turbidity                   
                                           
                                        

컴컴컴컴컴컴컴컴컴컨컴컴컴컴컴컴컴좔컴컴컴컨컴컴컴컴컴컴컨컴컴컴컴컴컴컨컴컴컴컴컴컴컨컴컴컴컴컴컴컨컴컴컴컴컴컴컨컴컴컴컴컴컴컨컴컴컴컴컴컴컴

  *Boiling points and boiling point ranges, although not required,
are provided for informational purposes.                           
        

  **Recognized Chloride level for pass/fail is 3ppm.               
                                                                   
       



   10. Appendix B to subpart F is amended by revising the
introductory 

text to read as follows: 



Appendix B to subpart F-Performance of Refrigerant Recovery, 

Recycling and/or Reclaim Equipment 

   This appendix is based on Air-Conditioning and Refrigeration 

Institute Standard 740-93. 

*     *     *     *     *     

   11. Appendix D to subpart F is amended by revising section 

g to read as follows: 



Appendix D to Subpart F-Standards for Becoming a Certifying 

Program for Technicians 

*     *     *     *     *     



g. Recordkeeping and Reporting Requirements 

   Certifying programs must maintain records for at least three 

years which include, but are not limited to, the names and
addresses 

of all individuals taking the tests, the scores of all
certification 

tests administered, and the dates and locations of all testing 

administered. 

   EPA must receive an activity report from all approved certifying


programs by every January 30 and June 30, the first to be submitted


following the first full six-month period for which the program 

has been approved by EPA. This report will include the pass/fail 

rate and testing schedules. This will allow the Agency to determine


the relative progress and success of these programs. If the 

certifying program believes a test bank question needs to be 

modified, information about that question should also be included. 

   Approved certifying programs will receive a letter of approval 

from EPA. Each testing center must display a copy of that letter. 

*     *     *     *     *     



 82.156, 82.160, 82.161, 82.162, 82.164, 82.166 and Appendix 

D  [Amended]



   12. Sections 82.156, 82.160, 82.161, 82.162, 82.164, 82.166, 

and appendix D are amended by removing the parenthetical statement 

containing the OMB control number at the end of the section. 



[FR Doc. 94-20169 Filed 8-18-94; 8:45 am]

BILLING CODE 6560-50-P





컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴

The Contents entry for this article reads as follows:



Air programs:

  Stratospheric ozone protection-

    Refrigerant recycling, 42950

Top of page


Local Navigation




Jump to main content.