82_FR_58358 82 FR 58122 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards

82 FR 58122 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range58122-58129
FR Document2017-26085

The U.S. Environmental Protection Agency (EPA) is taking direct final action to modify the use conditions required for use of three flammable refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new household refrigerators, freezers, and combination refrigerators and freezers under the Significant New Alternatives Policy (SNAP) program. The use conditions, which address safe use of flammable refrigerants, are being revised to reflect the incorporation by reference of an updated standard from Underwriters Laboratories.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58122-58129]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26085]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9968-24-OAR]
RIN 2060-AT53


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking 
direct final action to modify the use conditions required for use of 
three flammable refrigerants, isobutane (R-600a), propane (R-290), and 
R-441A, in new household refrigerators, freezers, and combination 
refrigerators and freezers under the Significant New Alternatives 
Policy (SNAP) program. The use conditions, which address safe use of 
flammable refrigerants, are being revised to reflect the incorporation 
by reference of an updated standard from Underwriters Laboratories.

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

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2017-0472. All documents in the docket are listed on the 
https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available 
electronically through https://www.regulations.gov or in hard copy at 
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Avenue NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air and Radiation 
Docket is (202) 566-1742.

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

SUPPLEMENTARY INFORMATION: We are modifying the use conditions for 
three flammable hydrocarbon refrigerants, isobutane (R-600a), propane 
(R-290), and R-441A, used in new household refrigerators, freezers, and 
combination refrigerators and freezers (hereafter ``household 
refrigerators and freezers'') by replacing four of the five use 
conditions in our previous hydrocarbon refrigerants rules (76 FR 78832, 
December 20, 2011; 80 FR 19454, April 10, 2015) with the updated 
Underwriters Laboratories (UL) Standard 60335-2-24 (2nd edition, April 
28, 2017), ``Household and Similar Electrical Appliances--Safety--Part 
2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers.'' See EPA's two previous rules (76 FR 78832, 
December 20, 2011; 80 FR 19454, April 10, 2015) for information on the 
SNAP program and the use conditions for isobutane, propane, and R-441A. 
UL Standard 60335-2-24 supersedes the current edition of UL Standard 
250 (10th edition, August 25, 2000), ``Household Refrigerators and 
Freezers,'' which EPA previously incorporated by reference in the use 
conditions of the acceptability listings for these three refrigerants 
(76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015). This 
action applies to new refrigerators, freezers, and combination 
refrigerator and freezers manufactured after the effective date of this 
regulation. This action does not place any significant burden on the 
regulated community and ensures consistency with standard industry 
practices.
    EPA is publishing this rule without a prior proposed rule because 
we view this as a noncontroversial action and

[[Page 58123]]

anticipate no adverse comment. In the ``Proposed Rules'' section of 
this Federal Register, we are publishing a separate document that will 
serve as the proposed rule to modify these use conditions if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that all or 
part of this direct final rule will not take effect. We would address 
all public comments in any subsequent final rule based on the proposed 
rule.
    If requested by the date specified in the DATES section of this 
notice, EPA will hold a public hearing to accept oral testimony on this 
proposal on or before December 26, 2017 in Washington, DC. EPA will 
post all information regarding any public hearing on this proposed 
action, including whether a hearing will be held, its location, date, 
and time, if applicable, and any updates online at https://www.epa.gov/snap. In addition, you may contact Ms. Chenise Farquharson at (202) 
564-7768 or by email at [email protected] with public hearing 
inquiries. EPA does not intend to publish any future notices in the 
Federal Register regarding a public hearing on this action and directs 
all inquiries regarding a hearing to the Web site and contact person 
identified above.
    You may claim that information in your comments is CBI, as allowed 
by 40 CFR part 2. If you submit comments and include information that 
you claim as CBI, we request that you submit them directly to Chenise 
Farquharson at the address under FOR FURTHER INFORMATION CONTACT in two 
versions: One clearly marked ``Public'' to be filed in the Public 
Docket, and the other marked ``Confidential'' to be reviewed by 
authorized government personnel only. This information will remain 
confidential unless EPA determines, in accordance with 40 CFR part 2, 
subpart B, that the information is not subject to protection as CBI.

Table of Contents

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

I. Does this action apply to me?

    This final rule regulates the use of three flammable hydrocarbon 
refrigerants, isobutane, propane, and the hydrocarbon blend R-441A, in 
new household refrigerators and freezers. Table 1 identifies industry 
subsectors that may wish to explore the use of these flammable 
refrigerants in this end-use or that may work with equipment using 
these refrigerants in the future. Regulated entities may include:

  Table 1--Potentially Regulated Entities by North American Industrial
                   Classification System (NAICS) Code
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                                                        Description of
              Category                  NAICS code    regulated entities
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Industry............................          333415  Manufacturers of
                                                       Refrigerators,
                                                       Freezers, and
                                                       Other
                                                       Refrigerating or
                                                       Freezing
                                                       Equipment,
                                                       Electric or Other
                                                       (NESOI); Heat
                                                       Pumps Not
                                                       Elsewhere
                                                       Specified or
                                                       Included; and
                                                       Parts Thereof.
Industry............................          335222  Household
                                                       Refrigerator and
                                                       Home Freezer
                                                       Manufacturing.
Industry............................          811412  Appliance Repair
                                                       and Maintenance.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your entity is regulated by this action, you should carefully examine 
the applicability criteria found in 40 CFR part 82. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

II. Background

A. What is the affected end-use?

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

[[Page 58124]]

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

B. Refrigerant Flammability

    American National Standards Institute (ANSI)/ASHRAE Standard 34-
2016 assigns a safety group classification for each refrigerant which 
consists of two alphanumeric characters (e.g., A2 or B1). The capital 
letter indicates the toxicity and the numeral denotes the flammability. 
ASHRAE classifies Class A refrigerants as refrigerants for which 
toxicity has not been identified at concentrations less than or equal 
to 400 parts per million (ppm) by volume, based on data used to 
determine threshold limit values (TLV)-time weighted average (TWA) or 
consistent indices. Class B signifies refrigerants for which there is 
evidence of toxicity at concentrations below 400 ppm by volume, based 
on data used to determine TLV-TWA or consistent indices. The 
refrigerants are also assigned a flammability classification of 1, 2, 
or 3. Tests are conducted in accordance with American Society for 
Testing and Materials (ASTM) E681 using a spark ignition source at 60 
[deg]C and 101.3 kPa.\1\
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    \1\ ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and 
Safety Classification of Refrigerants.
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    The flammability classification ``1'' is given to refrigerants 
that, when tested, show no flame propagation. The flammability 
classification ``2'' is given to refrigerants that, when tested, 
exhibit flame propagation, have a heat of combustion less than 19,000 
kJ/kg (8,174 British thermal units (BTU)/lb), and have a lower 
flammability limit (LFL) greater than 0.10 kg/m\3\. Refrigerants within 
flammability classification ``2'' may optionally be designated in the 
subclass ``2L'' if they have a maximum burning velocity of 10 cm/s or 
lower when tested at 23.0 [deg]C and 101.3 kPa. The flammability 
classification ``3'' is given to refrigerants that, when tested, 
exhibit flame propagation and that either have a heat of combustion of 
19,000 kJ/kg (8,174 BTU/lb) or greater or an LFL of 0.10 kg/m\3\ or 
lower. Thus, refrigerants with flammability classification ``3'' are 
highly flammable while those with flammability classification ``2'' are 
less flammable and those with flammability classification ``2L'' are 
mildly flammable. For both toxicity and flammability classifications, 
refrigerant blends are designated based on the worst-case of 
fractionation determined for the blend. Figure 1 illustrates these 
safety group classifications.
[GRAPHIC] [TIFF OMITTED] TR11DE17.014

C. Use Conditions

    EPA previously found isobutane, propane, and R-441A acceptable, 
subject to use conditions, in new household refrigerators and freezers. 
In the proposed and final rules, EPA provided information on the 
environmental and health properties of the three refrigerants and the 
various substitutes available for use in household refrigerators and 
freezers. Additionally, EPA's risk screens for the three refrigerants 
are available in the docket for these rulemakings (EPA-HQ-OAR-2009-0286 
and EPA-HQ-OAR-2013-0748).2 3
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    \2\ Isobutane and R-441A: 75 FR 25799, May 10, 2010 (proposed 
rule); 76 FR 78832, December 20, 2011 (final rule).
    \3\ Propane: 79 FR 38811, July 9, 2014 (proposed rule); 80 FR 
19454, April 10, 2015 (final rule).
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    Isobutane, propane, and R-441A have an ASHRAE classification of A3, 
indicating that they have low toxicity and high flammability. The 
flammability risks are of concern because household refrigerators and 
freezers have traditionally used refrigerants that are not flammable. 
In the presence of an ignition source (e.g., static electricity, a 
spark resulting from a closing door, or a cigarette), an explosion or a 
fire could occur if the concentration of isobutane, propane, and R-441A 
were to exceed the LFL of 18,000 ppm, 21,000 ppm, and 20,500 ppm, 
respectively.
    To address flammability, EPA listed the refrigerants as acceptable, 
subject to use conditions, in new household refrigerators and freezers. 
The use conditions address safe use of flammable refrigerants and 
include incorporation by reference of Supplement SA to UL Standard 250, 
refrigerant charge size limits, and requirements for markings on 
equipment using the refrigerants to inform consumers and technicians of 
potential flammability hazards. Without appropriate use conditions, the 
flammability risk posed by the refrigerants could be higher than non-
flammable refrigerants because

[[Page 58125]]

individuals may not be aware that their actions could potentially cause 
a fire, and because the refrigerants could be used in existing 
equipment that has not been designed specifically to minimize 
flammability risks. Our assessment and listing decisions (76 FR 78832; 
December 20, 2011 and 80 FR 19454; April 10, 2015) found that with the 
use conditions, the overall risk of these substitutes, including the 
risk due to flammability, does not present significantly greater risk 
in the end-use than other substitutes that are currently or potentially 
available for that same end-use.
    The use conditions required the following:
    1. New equipment only; not intended for use as a retrofit 
alternative: These refrigerants may be used only in new equipment 
designed specifically and clearly identified for the refrigerant (i.e., 
none of these substitutes may be used as a conversion or ``retrofit'' 
\4\ refrigerant for existing equipment designed for a different 
refrigerant);
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    \4\ Sometimes conversion refrigerant substitutes are 
inaccurately referred to as ``drop in'' replacements.
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    2. UL standard: These refrigerants may be used only in a 
refrigerator or freezer, or combination refrigerator and freezer, that 
meets all requirements listed in Supplement SA to the 10th edition of 
the UL Standard for Household Refrigerators and Freezers, UL 250, dated 
August 25, 2000). In cases where the final rule includes requirements 
more stringent than those of the 10th edition of UL Standard 250, the 
appliance must meet the requirements of the final rule in place of the 
requirements in the UL standard;
    3. Charge size: The charge size must not exceed 57 grams (2.01 
ounces) in any refrigerator, freezer, or combination refrigerator and 
freezer in each circuit;
    4. Color-coded hoses and piping: As provided in clauses SA6.1.1 and 
SA6.1.2 of UL Standard 250, 10th edition, the refrigerator, freezer, or 
combination refrigerator and freezer must have red Pantone Matching 
System (PMS) #185 marked pipes, hoses, or other devices through which 
the refrigerant passes, to indicate the use of a flammable refrigerant. 
This color must be present at all service ports and other parts of the 
system where service puncturing or other actions creating an opening 
from the refrigerant circuit to the atmosphere might be expected and 
must extend a minimum of one (1) inch in both directions from such 
locations; and
    5. Labeling: The following markings, or the equivalent, must be 
provided and must be permanent:
    a. ``DANGER--Risk of Fire or Explosion. Flammable Refrigerant Used. 
Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture 
Refrigerant Tubing.'' This marking must be provided on or near any 
evaporators that can be contacted by the consumer.
    b. ``DANGER--Risk of Fire or Explosion. Flammable Refrigerant Used. 
To Be Repaired Only By Trained Service Personnel. Do Not Puncture 
Refrigerant Tubing.'' This marking must be located near the machine 
compartment.
    c. ``CAUTION--Risk of Fire or Explosion. Flammable Refrigerant 
Used. Consult Repair Manual/Owner's Guide Before Attempting To Service 
This Product. All Safety Precautions Must be Followed.'' This marking 
must be located near the machine compartment.
    d. ``CAUTION--Risk of Fire or Explosion. Dispose of Properly In 
Accordance With Federal Or Local Regulations. Flammable Refrigerant 
Used.'' This marking must be provided on the exterior of the 
refrigeration equipment.
    e. ``CAUTION--Risk of Fire or Explosion Due To Puncture Of 
Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable 
Refrigerant Used.'' This marking must be provided near all exposed 
refrigerant tubing.
    f. All of these markings must be in letters no less than 6.4 mm 
(\1/4\ inch) high.

D. Revised UL Standard 60335-2-24

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

III. What action is the Agency taking?

A. Use Conditions

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

[[Page 58126]]

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

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

B. Incorporation by Reference

    Through this action EPA is incorporating by reference UL Standard 
60335-2-24, ``Safety Requirements for Household and Similar Electrical 
Appliances, Part 2: Particular Requirements for Refrigerating 
Appliances, Ice-Cream Appliances and Ice-Makers'' (2nd edition, April 
2017), which establishes requirements for the evaluation of household 
and similar electrical appliances, and safe use of flammable 
refrigerants. This approach is the same as that used to incorporate 
Supplement SA to UL 250 10th edition in our previous rules on flammable 
refrigerants (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 
2015).
    The UL standard is available for purchase by mail at: COMM 2000, 
151 Eastern Avenue, Bensenville, IL 60106; Email: 
[email protected]; Telephone: 1-888-853-3503 in the U.S. or 
Canada (other countries dial 1-415-

[[Page 58127]]

352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). 
The cost of UL 60335-2-24 is $454 for an electronic copy and $567 for 
hardcopy. UL also offers a subscription service to the Standards 
Certification Customer Library (SCCL) that allows unlimited access to 
their standards and related documents. The cost of obtaining this 
standard is not a significant financial burden for equipment 
manufacturers and purchase is not required for those selling, 
installing and servicing the equipment. Therefore, EPA concludes that 
the UL standard being incorporated by reference is reasonably 
available.

C. Equipment Manufactured Prior to Effective Date of This Rule

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

IV. Statutory and Executive Order Reviews

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

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

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

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

C. Paperwork Reduction Act (PRA)

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

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule.
    The use conditions of this rule apply to manufacturers of new 
household refrigerators and freezers, that choose to use flammable 
refrigerants. This action allows equipment manufacturers to use 
flammable refrigerants at a higher charge size than previously allowed 
in new household refrigerators and freezers but does not mandate such 
use; the change to the use conditions allows more flexibility for 
manufacturers in the design of equipment and thus reduces the 
regulatory burden to the regulated community. In some cases, it may 
reduce costs by allowing manufacturers to design equipment with a 
single, larger refrigerant circuit instead of multiple, smaller 
refrigerant circuits for the same piece of equipment.

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

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

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children. 
This action's health and risk assessments are contained in risk screens 
for the various substitutes.6 7 8 The risk screens are 
available in the docket for this rulemaking.
---------------------------------------------------------------------------

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

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

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

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

    This action involves a technical standard. EPA is revising the use 
conditions for the household refrigerators and freezers end-use by 
incorporating by reference the UL Standard 60335-2-24, ``Safety 
Requirements for Household and Similar Electrical Appliances, Part 2: 
Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers'' (2nd edition, April 2017), which 
establishes requirements for the evaluation of household and similar 
electrical appliances, and safe use of flammable refrigerants. UL 
Standard 60335-2-24

[[Page 58128]]

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

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

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

L. Congressional Review Act (CRA)

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

V. References

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

ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and Safety 
Classification of Refrigerants.
ICF, 2017a. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: Propane (R-290).
ICF, 2017b. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: Isobutane (R-600a).
ICF, 2017c. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: R-441A.
Murray, D.M. (1997). Residential house and zone volumes in the 
United States: empirical and estimated parametric distributions. 
Risk Anal 17: 439-446. Available online at: http://onlinelibrary.wiley.com/doi/10.1111/j.1539-6924.1997.tb00884.x/full.
UL 250. Household Refrigerators and Freezers. 10th edition. 
Supplement SA: Requirements for Refrigerators and Freezers Employing 
a Flammable Refrigerant in the Refrigerating System. August 2000.
UL 60335-2-24. Safety Requirements for Household and Similar 
Electrical Appliances, Part 2: Particular Requirements for 
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers. 2nd 
edition. April 2017.

List of Subjects in 40 CFR Part 82

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

    Dated: November 20, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set out in the preamble, 40 CFR part 82 is amended 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

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

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

Subpart G--Significant New Alternatives Policy Program

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

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

[[Page 58129]]



                                                Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                   Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household refrigerators, freezers,   Isobutane (R-600a)      Acceptable subject to   As of March 12, 2018: \9\ These    Applicable OSHA requirements at
 and combination refrigerators and    Propane (R-290) R-41A.  use conditions.         refrigerants may be used only in   29 CFR part 1910 must be
 freezers (New equipment only).                                                       new equipment designed             followed, including those at 29
                                                                                      specifically and clearly           CFR 1910.106 (flammable and
                                                                                      identified for the refrigerant     combustible liquids), 1910.110
                                                                                      (i.e., none of these substitutes   (storage and handling of
                                                                                      may be used as a conversion or     liquefied petroleum gases),
                                                                                      ``retrofit'' refrigerant for       1910.157 (portable fire
                                                                                      existing equipment designed for    extinguishers), and 1910.1000
                                                                                      a different refrigerant).          (toxic and hazardous
                                                                                     These refrigerants may be used      substances).Proper ventilation
                                                                                      only in a refrigerator or          should be maintained at all
                                                                                      freezer, or combination            times during the manufacture
                                                                                      refrigerator and freezer, that     and storage of equipment
                                                                                      meets all requirements listed in   containing hydrocarbon
                                                                                      the 2nd edition of the             refrigerants through adherence
                                                                                      Underwriters Laboratories (UL)     to good manufacturing practices
                                                                                      Standard for Safety: Household     as per 29 CFR 1910.106. If
                                                                                      and Similar Electrical             refrigerant levels in the air
                                                                                      Appliances--Safety--Part 2-24:     surrounding the equipment rise
                                                                                      Particular Requirements for        above one-fourth of the lower
                                                                                      Refrigerating Appliances, Ice-     flammability limit, the space
                                                                                      Cream Appliances and Ice-Makers,   should be evacuated and re-
                                                                                      UL 60335-2-24, dated April 28,     entry should occur only after
                                                                                      2017.                              the space has been properly
                                                                                                                         ventilated.
                                                                                                                        Technicians and equipment
                                                                                                                         manufacturers should wear
                                                                                                                         appropriate personal protective
                                                                                                                         equipment, including chemical
                                                                                                                         goggles and protective gloves,
                                                                                                                         when handling these
                                                                                                                         refrigerants. Special care
                                                                                                                         should be taken to avoid
                                                                                                                         contact with the skin since
                                                                                                                         these refrigerants, like many
                                                                                                                         refrigerants, can cause freeze
                                                                                                                         burns on the skin. A Class B
                                                                                                                         dry powder type fire
                                                                                                                         extinguisher should be kept
                                                                                                                         nearby.
                                                                                                                        Technicians should only use
                                                                                                                         spark-proof tools when working
                                                                                                                         on refrigerators and freezers
                                                                                                                         with these refrigerants.
                                                                                                                        Any recovery equipment used
                                                                                                                         should be designed for
                                                                                                                         flammable refrigerants. Any
                                                                                                                         refrigerant releases should be
                                                                                                                         in a well-ventilated area, such
                                                                                                                         as outside of a building. Only
                                                                                                                         technicians specifically
                                                                                                                         trained in handling flammable
                                                                                                                         refrigerants should service
                                                                                                                         refrigerators and freezers
                                                                                                                         containing these refrigerants.
                                                                                                                         Technicians should gain an
                                                                                                                         understanding of minimizing the
                                                                                                                         risk of fire and the steps to
                                                                                                                         use flammable refrigerants
                                                                                                                         safely.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are
  incorporated by reference, and the referenced sections are made part of the regulations in part 82:
1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
  Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the
  Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
  Refrigerating System. December 30, 2011
4. UL Standard 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--Safety--Part 2-24: Particular
  Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
The Director of the Federal Register approves the incorporation by reference of the material under ``Use Conditions'' in the table ``SUBSTITUTES THAT
  ARE ACCEPTABLE SUBJECT TO USE CONDITIONS'' (5 U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 60335-2-24, 471, 484, and 541 may be purchased
  by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: [email protected]; Telephone: 1-888-853-3503 in the U.S. or Canada
  (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/Catalog.aspx.
You may inspect a copy at U.S. EPA's Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the National Archives
  and Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA'S Air Docket is 202-566-1742. For
  information on the availability of this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

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

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



                                              58122            Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations

                                              three different U.S. Federal Circuit                    ENVIRONMENTAL PROTECTION                              EPA West, Room 3334, 1301
                                              Courts (3rd Circuit for New Jersey; 7th                 AGENCY                                                Constitution Avenue NW., Washington,
                                              Circuit for Illinois; and 9th Circuit for                                                                     DC. The Public Reading Room is open
                                              California).                                            40 CFR Part 82                                        from 8:30 a.m. to 4:30 p.m., Monday
                                                 In addition, the EPA has determined                  [EPA–HQ–OAR–2017–0472; FRL–9968–24–                   through Friday, excluding legal
                                              that this rule has nationwide scope or                  OAR]                                                  holidays. The telephone number for the
                                                                                                                                                            Public Reading Room is (202) 566–1744,
                                              effect because it addresses a common                    RIN 2060–AT53                                         and the telephone number for the Air
                                              core of knowledge and analysis
                                                                                                                                                            and Radiation Docket is (202) 566–1742.
                                              involved in formulating the decision                    Protection of Stratospheric Ozone:
                                                                                                      Revision to References for                            FOR FURTHER INFORMATION CONTACT:
                                              and a common interpretation of the
                                                                                                      Refrigeration and Air Conditioning                    Chenise Farquharson, Stratospheric
                                              requirements of 40 CFR 51 appendix V
                                                                                                      Sector To Incorporate Latest Edition of               Protection Division, Office of
                                              applied to determining the
                                                                                                      Certain Industry, Consensus-Based                     Atmospheric Programs (Mail Code
                                              completeness of SIPs in states across the
                                                                                                      Standards                                             6205T), Environmental Protection
                                              country. This determination is
                                                                                                                                                            Agency, 1200 Pennsylvania Ave. NW.,
                                              appropriate because, in the 1977 CAA                    AGENCY: Environmental Protection                      Washington, DC 20460; telephone
                                              Amendments that revised CAA section                     Agency (EPA).                                         number: 202–564–7768; email address:
                                              307(b)(l), Congress noted that the                      ACTION: Direct final rule.                            farquharson.chenise@epa.gov. Notices
                                              Administrator’s determination that an                                                                         and rulemakings under EPA’s
                                              action is of ‘‘nationwide scope or effect’’             SUMMARY:    The U.S. Environmental                    Significant New Alternatives Policy
                                              would be appropriate for any action that                Protection Agency (EPA) is taking direct              program are available on EPA’s
                                              has ‘‘scope or effect beyond a single                   final action to modify the use conditions             Stratospheric Ozone Web site at https://
                                              judicial circuit.’’ H.R. Rep. No. 95–294                required for use of three flammable                   www.epa.gov/snap/snap-regulations.
                                              at 323–324, reprinted in 1977                           refrigerants, isobutane (R–600a),                     SUPPLEMENTARY INFORMATION: We are
                                              U.S.C.C.A.N. 1402–03. Here, the scope                   propane (R–290), and R–441A, in new                   modifying the use conditions for three
                                              and effect of this action extends to the                household refrigerators, freezers, and                flammable hydrocarbon refrigerants,
                                              three judicial circuits that include the                combination refrigerators and freezers                isobutane (R–600a), propane (R–290),
                                              states across the country affected by this              under the Significant New Alternatives                and R–441A, used in new household
                                              action. In these circumstances, CAA                     Policy (SNAP) program. The use                        refrigerators, freezers, and combination
                                              section 307(b)(1) and its legislative                   conditions, which address safe use of                 refrigerators and freezers (hereafter
                                              history authorize the Administrator to                  flammable refrigerants, are being revised             ‘‘household refrigerators and freezers’’)
                                              find the rule to be of ‘‘nationwide scope               to reflect the incorporation by reference             by replacing four of the five use
                                              or effect’’ and, thus, to indicate that                 of an updated standard from                           conditions in our previous hydrocarbon
                                              venue for challenges lies in the District               Underwriters Laboratories.                            refrigerants rules (76 FR 78832,
                                              of Columbia Circuit. Accordingly, the                   DATES: This rule is effective on March                December 20, 2011; 80 FR 19454, April
                                              EPA is determining that this rule is of                 12, 2018 without further notice, unless               10, 2015) with the updated
                                              nationwide scope or effect.                             EPA receives adverse comment by                       Underwriters Laboratories (UL)
                                                 Under section 307(b)(1) of the CAA,                  January 25, 2018. If EPA receives                     Standard 60335–2–24 (2nd edition,
                                              petitions for judicial review of this                   adverse comment, we will publish a                    April 28, 2017), ‘‘Household and
                                                                                                      timely withdrawal in the Federal                      Similar Electrical Appliances—Safety—
                                              action must be filed in the United States
                                                                                                      Register informing the public that the                Part 2–24: Particular Requirements for
                                              Court of Appeals for the District of
                                                                                                      rule will not take effect. Any party                  Refrigerating Appliances, Ice-Cream
                                              Columbia Circuit within 60 days from
                                                                                                      requesting a public hearing must notify               Appliances and Ice-Makers.’’ See EPA’s
                                              the date this final action is published in
                                                                                                      the contact listed below under FOR                    two previous rules (76 FR 78832,
                                              the Federal Register. Filing a petition
                                                                                                      FURTHER INFORMATION CONTACT by                        December 20, 2011; 80 FR 19454, April
                                              for review by the Administrator of this                 December 18, 2017. The incorporation
                                              final action does not affect the finality                                                                     10, 2015) for information on the SNAP
                                                                                                      by reference of certain publications                  program and the use conditions for
                                              of the action for the purposes of judicial              listed in the rule is approved by the
                                              review, nor does it extend the time                                                                           isobutane, propane, and R–441A. UL
                                                                                                      Director of the Federal Register as of                Standard 60335–2–24 supersedes the
                                              within which a petition for judicial                    March 12, 2018.
                                              review must be filed, and shall not                                                                           current edition of UL Standard 250
                                                                                                      ADDRESSES: EPA has established a                      (10th edition, August 25, 2000),
                                              postpone the effectiveness of such rule
                                                                                                      docket for this action under Docket ID                ‘‘Household Refrigerators and Freezers,’’
                                              or action.
                                                                                                      No. EPA–HQ–OAR–2017–0472. All                         which EPA previously incorporated by
                                              List of Subjects in 40 CFR Part 52                      documents in the docket are listed on                 reference in the use conditions of the
                                                                                                      the https://www.regulations.gov Web                   acceptability listings for these three
                                                Environmental protection, Approval                    site. Although listed in the index, some              refrigerants (76 FR 78832, December 20,
                                              and promulgation of implementation                      information is not publicly available,                2011; 80 FR 19454, April 10, 2015). This
                                              plans, Administrative practice and                      e.g., confidential business information               action applies to new refrigerators,
                                              procedures, Incorporation by reference,                 (CBI) or other information whose                      freezers, and combination refrigerator
                                              Air pollution control, Intergovernmental                disclosure is restricted by statute.                  and freezers manufactured after the
                                              relations, and Reporting and                            Certain other material, such as                       effective date of this regulation. This
sradovich on DSK3GMQ082PROD with RULES




                                              recordkeeping requirements.                             copyrighted material, is not placed on                action does not place any significant
                                                Dated: November 29, 2017.                             the Internet and will be publicly                     burden on the regulated community and
                                                                                                      available only in hard copy form.                     ensures consistency with standard
                                              William L. Wehrum,
                                                                                                      Publicly available docket materials are               industry practices.
                                              Assistant Administrator.                                available electronically through https://                EPA is publishing this rule without a
                                              [FR Doc. 2017–26537 Filed 12–8–17; 8:45 am]             www.regulations.gov or in hard copy at                prior proposed rule because we view
                                              BILLING CODE 6560–50–P                                  the Air and Radiation Docket, EPA/DC,                 this as a noncontroversial action and


                                         VerDate Sep<11>2014   17:23 Dec 08, 2017   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\11DER1.SGM   11DER1


                                                                  Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations                                            58123

                                              anticipate no adverse comment. In the                         public hearing on this action and directs               B. Executive Order 13771: Reducing
                                              ‘‘Proposed Rules’’ section of this                            all inquiries regarding a hearing to the                   Regulation and Controlling Regulatory
                                              Federal Register, we are publishing a                         Web site and contact person identified                     Costs
                                              separate document that will serve as the                      above.                                                  C. Paperwork Reduction Act
                                                                                                               You may claim that information in                    D. Regulatory Flexibility Act
                                              proposed rule to modify these use
                                                                                                            your comments is CBI, as allowed by 40                  E. Unfunded Mandates Reform Act
                                              conditions if adverse comments are                                                                                    F. Executive Order 13132: Federalism
                                              received on this direct final rule. We                        CFR part 2. If you submit comments and
                                                                                                                                                                    G. Executive Order 13175: Consultation
                                              will not institute a second comment                           include information that you claim as                      and Coordination With Indian Tribal
                                              period on this action. Any parties                            CBI, we request that you submit them                       Governments
                                              interested in commenting must do so at                        directly to Chenise Farquharson at the                  H. Executive Order 13045: Protection of
                                              this time. For further information about                      address under FOR FURTHER INFORMATION                      Children From Environmental Health
                                              commenting on this rule, see the                              CONTACT in two versions: One clearly                       and Safety Risks
                                              ADDRESSES section of this document.                           marked ‘‘Public’’ to be filed in the                    I. Executive Order 13211: Actions
                                                 If EPA receives adverse comment, we                        Public Docket, and the other marked                        Concerning Regulations That
                                              will publish a timely withdrawal in the                       ‘‘Confidential’’ to be reviewed by                         Significantly Affect Energy Supply,
                                                                                                            authorized government personnel only.                      Distribution, or Use
                                              Federal Register informing the public
                                                                                                                                                                    J. National Technology Transfer and
                                              that all or part of this direct final rule                    This information will remain
                                                                                                                                                                       Advancement Act (NTTAA) and 1 CFR
                                              will not take effect. We would address                        confidential unless EPA determines, in                     Part 51
                                              all public comments in any subsequent                         accordance with 40 CFR part 2, subpart                  K. Executive Order 12898: Federal Actions
                                              final rule based on the proposed rule.                        B, that the information is not subject to                  To Address Environmental Justice in
                                                 If requested by the date specified in                      protection as CBI.                                         Minority Populations and Low-Income
                                              the DATES section of this notice, EPA                         Table of Contents
                                                                                                                                                                       Populations
                                              will hold a public hearing to accept oral                                                                             L. Congressional Review Act
                                              testimony on this proposal on or before                       I. Does this action apply to me?                      V. References
                                              December 26, 2017 in Washington, DC.                          II. Background
                                                                                                               A. What is the affected end-use?                   I. Does this action apply to me?
                                              EPA will post all information regarding                          B. Refrigerant Flammability
                                              any public hearing on this proposed                              C. Use Conditions                                    This final rule regulates the use of
                                              action, including whether a hearing will                         D. Revised UL Standard 60335–2–24                  three flammable hydrocarbon
                                              be held, its location, date, and time, if                     III. What action is the Agency taking?                refrigerants, isobutane, propane, and the
                                              applicable, and any updates online at                            A. Use Conditions                                  hydrocarbon blend R–441A, in new
                                              https://www.epa.gov/snap. In addition,                           B. Incorporation by Reference                      household refrigerators and freezers.
                                              you may contact Ms. Chenise                                      C. Equipment Manufactured Prior to                 Table 1 identifies industry subsectors
                                              Farquharson at (202) 564–7768 or by                                Effective Date of This Rule                      that may wish to explore the use of
                                                                                                            IV. Statutory and Executive Order Reviews
                                              email at farquharson.chenise@epa.gov                             A. Executive Order 12866: Regulatory               these flammable refrigerants in this end-
                                              with public hearing inquiries. EPA does                            Planning and Review and Executive                use or that may work with equipment
                                              not intend to publish any future notices                           Order 13563: Improving Regulation and            using these refrigerants in the future.
                                              in the Federal Register regarding a                                Regulatory Review                                Regulated entities may include:

                                               TABLE 1—POTENTIALLY REGULATED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE
                                                           Category                      NAICS code                                             Description of regulated entities

                                              Industry ...............................         333415     Manufacturers of Refrigerators, Freezers, and Other Refrigerating or Freezing Equipment, Elec-
                                                                                                            tric or Other (NESOI); Heat Pumps Not Elsewhere Specified or Included; and Parts Thereof.
                                              Industry ...............................         335222     Household Refrigerator and Home Freezer Manufacturing.
                                              Industry ...............................         811412     Appliance Repair and Maintenance.



                                                 This table is not intended to be                           II. Background                                        coolers, and mini-fridges) that are also
                                              exhaustive, but rather provides a guide                                                                             within this end-use. Throughout this
                                                                                                            A. What is the affected end-use?
                                              for readers regarding entities likely to be                                                                         notice, we refer to all of these uses with
                                              regulated by this action. This table lists                      Household refrigerators, freezers, and              the phrase ‘‘household refrigerators and
                                              the types of entities that EPA is now                         combination refrigerators and freezers                freezers.’’ Household refrigerators and
                                              aware could potentially be regulated by                       are intended primarily for residential                freezers have all refrigeration
                                              this action. Other types of entities not                      use, although they may be used outside                components integrated, and for the
                                              listed in the table could also be                             the home (e.g., workplace kitchen                     smallest types, the refrigeration circuit
                                                                                                            pantries). The designs and refrigeration              is entirely brazed or welded. These
                                              regulated. To determine whether your
                                                                                                            capacities of equipment vary widely.                  systems are charged with refrigerant at
                                              entity is regulated by this action, you
                                                                                                            This equipment is composed of three                   the factory and typically require only an
                                              should carefully examine the                                  main categories—household freezers                    electricity supply to begin operation.
                                              applicability criteria found in 40 CFR                        only offer storage space at freezing                     The 2014 American Society of
                                              part 82. If you have questions regarding                      temperatures, household refrigerators                 Heating, Refrigerating and Air-
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                                              the applicability of this action to a                         only offer storage space at non-freezing              Conditioning Engineers (ASHRAE)
                                              particular entity, consult the person                         temperatures, and products with both a                Handbook of Refrigeration provides an
                                              listed in the FOR FURTHER INFORMATION                         refrigerator and freezer in a single unit             overview of food preservation in regards
                                              CONTACT section.                                              are most common and are referred to as                to household refrigerators and freezers.
                                                                                                            combination refrigerators and freezers.               Generally, a storage temperature
                                                                                                            Small refrigerated household appliances               between 32 and 39 °F (0 to 3.9 °C) is
                                                                                                            exist (e.g., chilled kitchen drawers, wine            desirable for preserving fresh food.


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                                              58124            Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations

                                              Humidity and higher or lower                            classifies Class A refrigerants as                    (8,174 British thermal units (BTU)/lb),
                                              temperatures are more suitable for                      refrigerants for which toxicity has not               and have a lower flammability limit
                                              certain foods and beverages. Wine                       been identified at concentrations less                (LFL) greater than 0.10 kg/m3.
                                              chillers, for example, are frequently                   than or equal to 400 parts per million                Refrigerants within flammability
                                              used for storing wine, and have slightly                (ppm) by volume, based on data used to                classification ‘‘2’’ may optionally be
                                              higher optimal temperatures from 45 to                  determine threshold limit values (TLV)–               designated in the subclass ‘‘2L’’ if they
                                              65 °F (7.2 to 18.3 °C). Freezers and                    time weighted average (TWA) or                        have a maximum burning velocity of 10
                                              combination refrigerators and freezers                  consistent indices. Class B signifies                 cm/s or lower when tested at 23.0 °C
                                              that are designed to store food for long                refrigerants for which there is evidence              and 101.3 kPa. The flammability
                                              durations have temperatures below 8 °F                  of toxicity at concentrations below 400               classification ‘‘3’’ is given to refrigerants
                                              (¥13.3 °C) and are designed to hold                     ppm by volume, based on data used to                  that, when tested, exhibit flame
                                              temperatures near 0 to 5 °F (¥17.7 to                   determine TLV–TWA or consistent                       propagation and that either have a heat
                                              ¥15 °C). In single-door refrigerators, the              indices. The refrigerants are also                    of combustion of 19,000 kJ/kg (8,174
                                              optimum conditions for food                             assigned a flammability classification of             BTU/lb) or greater or an LFL of 0.10 kg/
                                              preservation are typically warmer than                  1, 2, or 3. Tests are conducted in
                                              this due to the fact that food storage is                                                                     m3 or lower. Thus, refrigerants with
                                                                                                      accordance with American Society for                  flammability classification ‘‘3’’ are
                                              not intended for long-term storage.                     Testing and Materials (ASTM) E681                     highly flammable while those with
                                              B. Refrigerant Flammability                             using a spark ignition source at 60 °C                flammability classification ‘‘2’’ are less
                                                 American National Standards                          and 101.3 kPa.1                                       flammable and those with flammability
                                              Institute (ANSI)/ASHRAE Standard 34–                       The flammability classification ‘‘1’’ is           classification ‘‘2L’’ are mildly
                                              2016 assigns a safety group                             given to refrigerants that, when tested,              flammable. For both toxicity and
                                              classification for each refrigerant which               show no flame propagation. The                        flammability classifications, refrigerant
                                              consists of two alphanumeric characters                 flammability classification ‘‘2’’ is given            blends are designated based on the
                                              (e.g., A2 or B1). The capital letter                    to refrigerants that, when tested, exhibit            worst-case of fractionation determined
                                              indicates the toxicity and the numeral                  flame propagation, have a heat of                     for the blend. Figure 1 illustrates these
                                              denotes the flammability. ASHRAE                        combustion less than 19,000 kJ/kg                     safety group classifications.




                                              C. Use Conditions                                          Isobutane, propane, and R–441A have                   To address flammability, EPA listed
                                                                                                      an ASHRAE classification of A3,                       the refrigerants as acceptable, subject to
                                                EPA previously found isobutane,                       indicating that they have low toxicity                use conditions, in new household
                                              propane, and R–441A acceptable,                         and high flammability. The                            refrigerators and freezers. The use
                                              subject to use conditions, in new                       flammability risks are of concern                     conditions address safe use of
                                              household refrigerators and freezers. In                because household refrigerators and                   flammable refrigerants and include
                                              the proposed and final rules, EPA                       freezers have traditionally used                      incorporation by reference of
                                              provided information on the                             refrigerants that are not flammable. In               Supplement SA to UL Standard 250,
                                              environmental and health properties of                  the presence of an ignition source (e.g.,             refrigerant charge size limits, and
                                              the three refrigerants and the various                  static electricity, a spark resulting from            requirements for markings on
                                              substitutes available for use in                                                                              equipment using the refrigerants to
                                                                                                      a closing door, or a cigarette), an
                                              household refrigerators and freezers.                                                                         inform consumers and technicians of
                                                                                                      explosion or a fire could occur if the
                                              Additionally, EPA’s risk screens for the                                                                      potential flammability hazards. Without
                                                                                                      concentration of isobutane, propane,
                                              three refrigerants are available in the                                                                       appropriate use conditions, the
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                                                                                                      and R–441A were to exceed the LFL of
                                              docket for these rulemakings (EPA–HQ–                                                                         flammability risk posed by the
                                                                                                      18,000 ppm, 21,000 ppm, and 20,500
                                              OAR–2009–0286 and EPA–HQ–OAR–                                                                                 refrigerants could be higher than non-
                                                                                                      ppm, respectively.
                                              2013–0748).2 3                                                                                                flammable refrigerants because
                                                1 ASHRAE, 2016. ANSI/ASHRAE Standard 34–                2 Isobutane and R–441A: 75 FR 25799, May 10,          3 Propane: 79 FR 38811, July 9, 2014 (proposed

                                              2016: Designation and Safety Classification of          2010 (proposed rule); 76 FR 78832, December 20,       rule); 80 FR 19454, April 10, 2015 (final rule).
                                                                                                                                                                                                               ER11DE17.014</GPH>




                                              Refrigerants.                                           2011 (final rule).



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                                                               Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations                                        58125

                                              individuals may not be aware that their                    a. ‘‘DANGER—Risk of Fire or                        ‘‘Household and Similar Electrical
                                              actions could potentially cause a fire,                 Explosion. Flammable Refrigerant Used.                Appliances—Safety—Part 2–24:
                                              and because the refrigerants could be                   Do Not Use Mechanical Devices To                      Particular Requirements for
                                              used in existing equipment that has not                 Defrost Refrigerator. Do Not Puncture                 Refrigerating Appliances, Ice-Cream
                                              been designed specifically to minimize                  Refrigerant Tubing.’’ This marking must               Appliances and Ice-Makers’’ (edition
                                              flammability risks. Our assessment and                  be provided on or near any evaporators                7.1, May 2012). The revised UL
                                              listing decisions (76 FR 78832;                         that can be contacted by the consumer.                Standard 60335–2–24 was developed in
                                              December 20, 2011 and 80 FR 19454;                         b. ‘‘DANGER—Risk of Fire or                        an open and consensus-based approach,
                                              April 10, 2015) found that with the use                 Explosion. Flammable Refrigerant Used.                with the assistance of experts in the
                                              conditions, the overall risk of these                   To Be Repaired Only By Trained Service                refrigeration and AC industry as well as
                                              substitutes, including the risk due to                  Personnel. Do Not Puncture Refrigerant                experts involved in assessing the safety
                                              flammability, does not present                          Tubing.’’ This marking must be located                of products. The revision cycle,
                                              significantly greater risk in the end-use               near the machine compartment.                         including final recirculation, concluded
                                              than other substitutes that are currently                  c. ‘‘CAUTION—Risk of Fire or                       on February 6, 2017, and UL published
                                              or potentially available for that same                  Explosion. Flammable Refrigerant Used.                the updated standard on April 28, 2017.
                                              end-use.                                                Consult Repair Manual/Owner’s Guide                   The 2017 standard supersedes the
                                                 The use conditions required the                      Before Attempting To Service This                     previous edition published in August
                                              following:                                              Product. All Safety Precautions Must be               2006, and also replaces the current
                                                 1. New equipment only; not intended                  Followed.’’ This marking must be                      edition of UL Standard 250 (10th
                                              for use as a retrofit alternative: These                located near the machine compartment.                 edition, August 2000).
                                              refrigerants may be used only in new                       d. ‘‘CAUTION—Risk of Fire or                          The revised UL Standard 60335–2–24
                                              equipment designed specifically and                     Explosion. Dispose of Properly In                     establishes requirements for the
                                              clearly identified for the refrigerant (i.e.,           Accordance With Federal Or Local                      evaluation of household and similar
                                              none of these substitutes may be used as                Regulations. Flammable Refrigerant                    electrical appliances and the safe use of
                                              a conversion or ‘‘retrofit’’ 4 refrigerant              Used.’’ This marking must be provided                 refrigerants with a flammability
                                              for existing equipment designed for a                   on the exterior of the refrigeration                  classification of A2, A2L, or A3. The
                                              different refrigerant);                                 equipment.                                            charge size limit for each separate
                                                 2. UL standard: These refrigerants                      e. ‘‘CAUTION—Risk of Fire or                       refrigerant circuit (i.e., compressor,
                                              may be used only in a refrigerator or                   Explosion Due To Puncture Of                          condenser, evaporator, and refrigerant
                                              freezer, or combination refrigerator and                Refrigerant Tubing; Follow Handling                   piping) is 150 grams (5.3 ounces). This
                                              freezer, that meets all requirements                    Instructions Carefully. Flammable                     differs from the charge size limit in
                                              listed in Supplement SA to the 10th                     Refrigerant Used.’’ This marking must                 Supplement SA to UL 250, which was
                                              edition of the UL Standard for                          be provided near all exposed refrigerant              50 grams. Similar to Supplement SA to
                                              Household Refrigerators and Freezers,                   tubing.                                               UL 250, UL Standard 60335–2–24
                                              UL 250, dated August 25, 2000). In cases                   f. All of these markings must be in                requires testing of refrigeration
                                              where the final rule includes                           letters no less than 6.4 mm (1⁄4 inch)                appliances containing flammable
                                              requirements more stringent than those                  high.                                                 refrigerants, including leakage tests,
                                              of the 10th edition of UL Standard 250,                 D. Revised UL Standard 60335–2–24                     temperature and scratch tests, and heat
                                              the appliance must meet the                                                                                   testing requirements to address the
                                              requirements of the final rule in place                    UL first established Standard 60335–
                                                                                                      2–24 on August 21, 2006, to address the               hazards due to ignition of leaked
                                              of the requirements in the UL standard;                                                                       refrigerant by potential ignition sources
                                                 3. Charge size: The charge size must                 safety of household and similar
                                                                                                      electrical appliances that use flammable              associated with the appliance (see
                                              not exceed 57 grams (2.01 ounces) in                                                                          sections 22.107–22.110 and the relevant
                                              any refrigerator, freezer, or combination               refrigerants. Specifically, the standard
                                                                                                      applies to the safety of refrigerating                annexes of the standard for specific
                                              refrigerator and freezer in each circuit;                                                                     testing requirements). These tests are
                                                 4. Color-coded hoses and piping: As                  appliances for household and similar
                                                                                                      use, ice-makers incorporating a motor-                intended, among other things, to ensure
                                              provided in clauses SA6.1.1 and                                                                               that any leaks will result in
                                              SA6.1.2 of UL Standard 250, 10th                        compressor and ice-makers intended to
                                                                                                      be incorporated in frozen food storage                concentrations well below the LFL, and
                                              edition, the refrigerator, freezer, or                                                                        that potential ignition sources will not
                                              combination refrigerator and freezer                    compartments, and refrigerating
                                                                                                      appliances and ice-makers for use in                  be able to create temperatures high
                                              must have red Pantone Matching                                                                                enough to start a fire. Appliances that
                                              System (PMS) #185 marked pipes,                         camping, touring caravans and boats for
                                                                                                      leisure purposes. In response to                      are in compliance with UL Standard
                                              hoses, or other devices through which                                                                         60335–2–24 have passed appropriate
                                              the refrigerant passes, to indicate the                 industry’s interest to reconsider the use
                                                                                                      of flammable refrigerants in refrigeration            ignition or leakage tests as stipulated in
                                              use of a flammable refrigerant. This                                                                          the standard. Passing the leakage test
                                              color must be present at all service ports              and air conditioning (AC) equipment
                                                                                                      and at larger charge sizes, UL formed a               ensures that refrigerant concentrations
                                              and other parts of the system where                                                                           in the event of a leak do not reach or
                                              service puncturing or other actions                     Joint Task Group (JTG) comprised of
                                                                                                      members of its Standards Technical                    exceed 75 percent of the LFL inside any
                                              creating an opening from the refrigerant                                                                      internal or external electrical
                                              circuit to the atmosphere might be                      Panel (STP) in 2011. The JTG was
                                                                                                      tasked with developing                                component compartments.
                                              expected and must extend a minimum
                                              of one (1) inch in both directions from                 recommendations for addressing the use                III. What action is the Agency taking?
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                                              such locations; and                                     and safety of refrigerants classified as
                                                                                                      A2, A2L, and A3.                                      A. Use Conditions
                                                 5. Labeling: The following markings,
                                              or the equivalent, must be provided and                    One of the outcomes of the work of                   In this direct final rule, EPA is
                                              must be permanent:                                      the JTG is the revised UL Standard                    replacing the reference to the 2000 UL
                                                                                                      60335–2–24, which is based on                         Standard 250 in use condition ‘‘2’’ with
                                                4 Sometimes conversion refrigerant substitutes are    International Electrotechnical                        the updated 2017 UL Standard 60335–
                                              inaccurately referred to as ‘‘drop in’’ replacements.   Commission (IEC) Standard 60335–2–24                  2–24 ‘‘Safety Requirements for


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                                              58126            Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations

                                              Household and Similar Electrical                        ceiling) and a minimum effective                      a toxicity concern would have to be
                                              Appliances, Part 2: Particular                          volume of 18 m3 (640 ft3) or an effective             approximately 0.8 times smaller than
                                              Requirements for Refrigerating                          volume of 53 m3 (1,870 ft3) (i.e.,                    the maximum modeled room size of 53
                                              Appliances, Ice-Cream Appliances and                    excluding the space filled by cabinets,               m3 (1,870 ft3), which is a conservative
                                              Ice-Makers’’ (2nd Edition, April 28,                    other kitchen equipment) (Murray                      kitchen volume in the United States
                                              2017). In addition, EPA is replacing the                1997). The minimum kitchen volume of                  (Murray 1997). Thus, we have
                                              use conditions in ‘‘3,’’ ‘‘4,’’ and ‘‘5’’               18 m3 (640 ft3) does not consider                     determined that isobutane, propane, and
                                              with the updated 2017 UL standard                       residential kitchen spaces that are often             R–441A do not pose significantly greater
                                              60335–2–24 because the UL standard                      connected to other rooms (e.g., living                flammability and toxicity risks than
                                              provides for the identical requirements                 room, dining room) through open                       other acceptable refrigerants in the
                                              in those use conditions and thus                        pathways or swinging doors, which                     household refrigerators and freezers
                                              provides the same level of assurance                    would also increase the effective                     end-use. The higher charge size
                                              that the three substitutes can be used as               volume of the space into which a                      included in the revised use condition
                                              safely as nonflammable alternatives.                    refrigerant would be released, thereby                will provide greater flexibility to
                                              The revised use conditions apply to new                 reducing the likelihood that the                      appliance manufacturers in the design
                                              household refrigerators and freezers                    instantaneous concentration of the                    of equipment while also ensuring that
                                              manufactured after the effective date of                refrigerants would exceed the LFL.                    such equipment will not pose greater
                                              this regulation. The new use conditions                 Conversely, the larger kitchen volume                 risk than similar equipment using other
                                              are as follows:                                         used in the analysis (i.e., 53 m3)                    acceptable alternatives. For more
                                                1. New equipment only; not intended                   considers air-mixing that is likely to                information about EPA’s risk
                                              for use as a retrofit alternative: Propane,             occur within the spaces that are                      assessments, see the docket for this
                                              isobutane, and R–441A may be used                       adjacent to the kitchen (Murray 1997).                rulemaking (EPA–HQ–OAR–2017–
                                              only in new equipment designed                          Both kitchen volumes modeled in this                  0472).
                                              specifically and clearly identified for                 analysis are conservative, as the average
                                                                                                                                                            b. Color-Coded Hoses and Piping, and
                                              the refrigerant (i.e., none of these                    kitchen zone volume in the United
                                                                                                                                                            Labeling
                                              substitutes may be used as a conversion                 States is 199 m3; the minimum kitchen
                                              or ‘‘retrofit’’ 5 refrigerant for existing              zone volume is 31 m3; and 99 percent                     UL Standard 60335–2–24 includes
                                              equipment designed for a different                      of the sampled kitchen zones are larger               requirements for red PMS #185 marked
                                              refrigerant); and                                       than 53 m3 (Murray 1997).                             pipes, hoses, and other devices through
                                                2. UL standard: These refrigerants                       EPA’s analysis for each of the                     which the refrigerant passes, and
                                              may be used only in equipment that                      refrigerants revealed that even if the                requirements for markings in letters no
                                              meets all requirements in UL Standard                   unit’s full charge were emitted within                less than 6.4 mm (1⁄4 inch) high to
                                              60335–2–24 (2nd edition, April 28,                      one minute, the concentration would                   inform consumers and technicians of
                                              2017).                                                  not reach the LFL for that refrigerant in             potential flammability hazards are
                                                                                                      the less conservative 53 m3 (1,870 ft3)               addressed in (see sections 7.1 and
                                              a. Charge Size                                          kitchen, showing a lack of flammability               22.106 of the standard for additional
                                                 EPA previously required a charge size                risk. The threshold analyses                          information on the required marking
                                              limit of 57 grams (2.01 ounces) for each                demonstrated that a flammability                      and warning labels). Retaining the use
                                              separate refrigerant circuit in a                       concern could exist in the minimum                    conditions in ‘‘4’’ and ‘‘5’’ in EPA’s
                                              refrigerator or freezer in use condition                modeled kitchen volume (i.e., 18 m3                   previous hydrocarbon refrigerants rules
                                              ‘‘3.’’ In this action, EPA is removing use              (640 ft3)) if the charge size of the                  would be redundant of the updated
                                              condition ‘‘3.’’ To comply with UL                      household refrigerator or freezer                     standard. Therefore, we are replacing
                                              Standard 60335–2–24, the maximum                        exceeded 120 grams, which is slightly                 the use conditions in ‘‘4’’ and ‘‘5’’ with
                                              charge size for each separate refrigerant               smaller than the maximum modeled                      UL Standard 60335–2–24.
                                              circuit in a refrigerator or freezer would              charge size (i.e., 150 grams). However,
                                                                                                                                                            B. Incorporation by Reference
                                              need to be 150 grams (5.29 ounces),                     the estimated exposures were derived
                                              consistent with UL Standard 60335–2–                    using conservative assumptions (e.g.,                    Through this action EPA is
                                              24.                                                     small room size, no ventilation). A 150-              incorporating by reference UL Standard
                                                 EPA evaluated reasonable worst-case                  gram household refrigeration unit                     60335–2–24, ‘‘Safety Requirements for
                                              and more typical, yet conservative,                     would have to be installed in a kitchen               Household and Similar Electrical
                                              scenarios to model the effects of the                   at least 2.3 times smaller than the less              Appliances, Part 2: Particular
                                              sudden release of each refrigerant from                 conservative kitchen size modeled in                  Requirements for Refrigerating
                                              a household refrigerator or freezer                     the worst-case conditions at end-use in               Appliances, Ice-Cream Appliances and
                                              containing the maximum charge size of                   order for flammability to be of concern.              Ice-Makers’’ (2nd edition, April 2017),
                                              150 grams (5.29 ounces). This was done                  As a result, EPA determined that a                    which establishes requirements for the
                                              to determine whether the refrigerants                   release of a 150-gram unit does not                   evaluation of household and similar
                                              would present flammability or toxicity                  present a significant flammability risk in            electrical appliances, and safe use of
                                              concerns for consumers or workers,                      the reasonable worst-case scenario for                flammable refrigerants. This approach is
                                              including those servicing or disposing                  the three refrigerants in household                   the same as that used to incorporate
                                              of appliances. To represent a reasonable                refrigerators and freezers.                           Supplement SA to UL 250 10th edition
                                              worst-case scenario, it was assumed that                   Concerning toxicity of the                         in our previous rules on flammable
                                              a catastrophic leak of each refrigerant                 refrigerants, our risk screens find that              refrigerants (76 FR 78832, December 20,
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                                              would occur while the refrigerator or                   the 30-minute acute exposure guideline                2011; 80 FR 19454, April 10, 2015).
                                              freezer unit is located in a residential                level (AEGL) (i.e., 6,900 ppm) is                        The UL standard is available for
                                              kitchen with a height of approximately                  exceeded only in the worst-case                       purchase by mail at: COMM 2000, 151
                                              2.4 meters (i.e., a standard 8-foot                     scenario for the minimum kitchen                      Eastern Avenue, Bensenville, IL 60106;
                                                                                                      volume (i.e., 18 m3). Based upon our                  Email: orders@shopulstandards.com;
                                                5 Sometimes conversion refrigerant substitutes are    analysis, the minimum room sizes in                   Telephone: 1–888–853–3503 in the U.S.
                                              inaccurately referred to as ‘‘drop in’’ replacements.   which installed equipment could cause                 or Canada (other countries dial 1–415–


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                                                               Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations                                                58127

                                              352–2178); Internet address: http://                    C. Paperwork Reduction Act (PRA)                      G. Executive Order 13175: Consultation
                                              www.shopulstandards.com/Product                                                                               and Coordination With Indian Tribal
                                              Detail.aspx?productId=UL60335-2-24_                       This action does not impose any new                 Governments
                                              2_B_20170428(ULStandards2). The cost                    information collection burden under the
                                                                                                                                                              This action does not have tribal
                                              of UL 60335–2–24 is $454 for an                         PRA. OMB has previously approved the
                                                                                                                                                            implications as specified in Executive
                                              electronic copy and $567 for hardcopy.                  information collection requirements
                                                                                                                                                            Order 13175. It will not have substantial
                                              UL also offers a subscription service to                contained in the existing regulations                 direct effects on tribal governments, on
                                              the Standards Certification Customer                    and has assigned OMB control number                   the relationship between the Federal
                                              Library (SCCL) that allows unlimited                    2060–0226. This rule contains no new                  government and Indian tribes, or on the
                                              access to their standards and related                   requirements for reporting or                         distribution of power and
                                              documents. The cost of obtaining this                   recordkeeping.                                        responsibilities between the Federal
                                              standard is not a significant financial                 D. Regulatory Flexibility Act                         government and Indian tribes, as
                                              burden for equipment manufacturers                                                                            specified in Executive Order 13175.
                                              and purchase is not required for those                     I certify that this action will not have           Thus, Executive Order 13175 does not
                                              selling, installing and servicing the                   a significant economic impact on a                    apply to this action.
                                              equipment. Therefore, EPA concludes                     substantial number of small entities                  H. Executive Order 13045: Protection of
                                              that the UL standard being incorporated                 under the RFA. In making this                         Children From Environmental Health
                                              by reference is reasonably available.                   determination, the impact of concern is               and Safety Risks
                                                                                                      any significant adverse economic
                                              C. Equipment Manufactured Prior to                                                                              This action is not subject to Executive
                                                                                                      impact on small entities. An agency may
                                              Effective Date of This Rule                                                                                   Order 13045 because it is not
                                                                                                      certify that a rule will not have a
                                                                                                                                                            economically significant as defined in
                                                 The use conditions in this rule apply                significant economic impact on a
                                                                                                                                                            Executive Order 12866, and because
                                              to new household refrigerators and                      substantial number of small entities if
                                                                                                                                                            EPA does not believe the environmental
                                              freezers manufactured after the effective               the rule relieves regulatory burden, has
                                                                                                                                                            health or safety risks addressed by this
                                              date of this regulation. New household                  no net burden or otherwise has a                      action present a disproportionate risk to
                                              refrigerators and freezers manufactured                 positive economic effect on the small                 children. This action’s health and risk
                                              and used with isobutane on or after                     entities subject to the rule.                         assessments are contained in risk
                                              January 19, 2012, or such equipment                        The use conditions of this rule apply              screens for the various substitutes.6 7 8
                                              manufactured and used with propane or                   to manufacturers of new household                     The risk screens are available in the
                                              R–441A on or after May 10, 2015, was                    refrigerators and freezers, that choose to            docket for this rulemaking.
                                              required to meet the requirements of the                use flammable refrigerants. This action
                                              earlier use conditions of the December                                                                        I. Executive Order 13211: Actions
                                                                                                      allows equipment manufacturers to use
                                              20, 2011 and April 10, 2015 final rules,                                                                      Concerning Regulations That
                                                                                                      flammable refrigerants at a higher
                                              including compliance with UL 250                                                                              Significantly Affect Energy Supply,
                                                                                                      charge size than previously allowed in
                                              (10th edition, August 25, 2000),                                                                              Distribution, or Use
                                                                                                      new household refrigerators and
                                              ‘‘Household Refrigerators and Freezers.’’               freezers but does not mandate such use;                  This action is not a ‘‘significant
                                              This rule does not apply to or affect                   the change to the use conditions allows               energy action’’ because it is not likely to
                                              equipment manufactured before the                       more flexibility for manufacturers in the             have a significant adverse effect on the
                                              effective date of this rule and which was               design of equipment and thus reduces                  supply, distribution or use of energy.
                                              manufactured in compliance with the                     the regulatory burden to the regulated                J. National Technology Transfer and
                                              SNAP requirements applicable at the                     community. In some cases, it may                      Advancement Act (NTTAA) and 1 CFR
                                              time of manufacture.                                    reduce costs by allowing manufacturers                Part 51
                                              IV. Statutory and Executive Order                       to design equipment with a single,                       This action involves a technical
                                              Reviews                                                 larger refrigerant circuit instead of                 standard. EPA is revising the use
                                                                                                      multiple, smaller refrigerant circuits for            conditions for the household
                                                Additional information about these                    the same piece of equipment.                          refrigerators and freezers end-use by
                                              statutes and Executive Orders can be                                                                          incorporating by reference the UL
                                                                                                      E. Unfunded Mandates Reform Act
                                              found at https://www.epa.gov/laws-                                                                            Standard 60335–2–24, ‘‘Safety
                                                                                                      (UMRA)
                                              regulations/laws-and-executive-orders.                                                                        Requirements for Household and
                                              A. Executive Order 12866: Regulatory                       This action does not contain any                   Similar Electrical Appliances, Part 2:
                                              Planning and Review and Executive                       unfunded mandate as described in                      Particular Requirements for
                                              Order 13563: Improving Regulation and                   UMRA, 2 U.S.C. 1531–1538, and does                    Refrigerating Appliances, Ice-Cream
                                              Regulatory Review                                       not significantly or uniquely affect small            Appliances and Ice-Makers’’ (2nd
                                                                                                      governments. The action imposes no                    edition, April 2017), which establishes
                                                This action is not a significant                      enforceable duty on any state, local or               requirements for the evaluation of
                                              regulatory action and was therefore not                 tribal governments or the private sector.             household and similar electrical
                                              submitted to the Office of Management                                                                         appliances, and safe use of flammable
                                                                                                      F. Executive Order 13132: Federalism                  refrigerants. UL Standard 60335–2–24
                                              and Budget (OMB) for review.
                                              B. Executive Order 13771: Reducing                        This action does not have federalism                  6 ICF, 2017a. Risk Screen on Substitutes in
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                                              Regulation and Controlling Regulatory                   implications. It will not have substantial            Household Refrigerators and Freezers; Substitute:
                                              Costs                                                   direct effects on the states, on the                  Propane (R–290).
                                                                                                      relationship between the national                       7 ICF, 2017b. Risk Screen on Substitutes in

                                                This action is not an Executive Order                 government and the states, or on the                  Household Refrigerators and Freezers; Substitute:
                                                                                                                                                            Isobutane (R–600a).
                                              13771 regulatory action because this                    distribution of power and                               8 ICF, 2017c. Risk Screen on Substitutes in
                                              action is not significant under Executive               responsibilities among the various                    Household Refrigerators and Freezers; Substitute:
                                              Order 12866.                                            levels of government.                                 R–441A.



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                                              58128            Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations

                                              supersedes the current edition of UL                    assessments are contained in the risk                 List of Subjects in 40 CFR Part 82
                                              Standard 250, Supplement SA,                            screens for the various substitutes. The                Environmental protection,
                                              ‘‘Requirements for Refrigerators and                    risk screens are available in the docket              Administrative practice and procedure,
                                              Freezers Employing a Flammable                          for this rulemaking.                                  Air pollution control, Incorporation by
                                              Refrigerant in the Refrigerating System’’                                                                     reference, Recycling, Reporting and
                                                                                                      L. Congressional Review Act (CRA)
                                              (10th Edition, August 2000). EPA’s                                                                            recordkeeping requirements,
                                              revision to the use conditions will                       This action is subject to the CRA, and
                                                                                                                                                            Stratospheric ozone layer.
                                              replace the 2000 UL standard 250 with                   EPA will submit a rule report to each
                                              the 2017 UL standard 60335–2–24. This                   House of the Congress and to the                        Dated: November 20, 2017.
                                              standard is available at https://                       Comptroller General of the United                     E. Scott Pruitt,
                                              standardscatalog.ul.com/standards/en/                   States. This action is not a ‘‘major rule’’           Administrator.
                                              standard_60335–2–24_2, and may be                       as defined by 5 U.S.C. 804(2).                          For the reasons set out in the
                                              purchased by mail at: COMM 2000, 151                    V. References                                         preamble, 40 CFR part 82 is amended as
                                              Eastern Avenue, Bensenville, IL 60106;                                                                        follows:
                                              Email: orders@shopulstandards.com;                        Unless specified otherwise, all
                                              Telephone: 1–888–853–3503 in the U.S.                   documents are available electronically                PART 82—PROTECTION OF
                                              or Canada (other countries dial 1–415–                  through the Federal Docket Management                 STRATOSPHERIC OZONE
                                              352–2178); Internet address: http://                    System, Docket # EPA–HQ–OAR–2017–
                                              www.shopulstandards.com/Product                         0472.                                                 ■ 1. The authority citation for part 82
                                              Detail.aspx?productId=UL60335-2-24_                     ASHRAE, 2016. ANSI/ASHRAE Standard
                                                                                                                                                            continues to read as follows:
                                              2_B_20170428(ULStandards2). The cost                        34–2016: Designation and Safety                     Authority: 42 U.S.C. 7414, 7601, 7671–
                                              of UL 60335–2–24 is $454 for an                             Classification of Refrigerants.                   7671q.
                                              electronic copy and $567 for hardcopy.                  ICF, 2017a. Risk Screen on Substitutes in
                                              UL also offers a subscription service to                    Household Refrigerators and Freezers;             Subpart G—Significant New
                                              the Standards Certification Customer                        Substitute: Propane (R–290).                      Alternatives Policy Program
                                                                                                      ICF, 2017b. Risk Screen on Substitutes in
                                              Library (SCCL) that allows unlimited                        Household Refrigerators and Freezers;             ■ 2. Amend Appendix R to subpart G of
                                              access to their standards and related                       Substitute: Isobutane (R–600a).                   part 82 by:
                                              documents. The cost of obtaining this                   ICF, 2017c. Risk Screen on Substitutes in             ■ a. Revising the heading;
                                              standard is not a significant financial                     Household Refrigerators and Freezers;
                                                                                                                                                            ■ b. Removing the two entries in the
                                              burden for equipment manufacturers                          Substitute: R–441A.
                                              and purchase is not required for those                  Murray, D.M. (1997). Residential house and            table for ‘‘Household refrigerators,
                                              selling, installing and servicing the                       zone volumes in the United States:                freezers, and combination refrigerators
                                              equipment. Therefore, EPA concludes                         empirical and estimated parametric                and freezers (New equipment only)’’
                                              that the UL standard being incorporated                     distributions. Risk Anal 17: 439–446.             and adding a new entry in their place;
                                              by reference is reasonably available.
                                                                                                          Available online at: http://onlinelibrary.        and
                                                                                                          wiley.com/doi/10.1111/j.1539-6924.                ■ c. Revising the NOTE at the end of the
                                              K. Executive Order 12898: Federal                           1997.tb00884.x/full.                              table.
                                              Actions To Address Environmental                        UL 250. Household Refrigerators and                      The revisions and additions to read as
                                              Justice in Minority Populations and                         Freezers. 10th edition. Supplement SA:
                                                                                                          Requirements for Refrigerators and
                                                                                                                                                            follows:
                                              Low-Income Populations                                      Freezers Employing a Flammable                    Appendix R to Subpart G of Part 82—
                                                 The human health or environmental                        Refrigerant in the Refrigerating System.          Substitutes Subject to Use Restrictions
                                              risk addressed by this action will not                      August 2000.                                      Listed in the December 20, 2011, Final
                                                                                                      UL 60335–2–24. Safety Requirements for
                                              have potential disproportionately high                      Household and Similar Electrical
                                                                                                                                                            Rule, Effective February 21, 2012, in the
                                              and adverse human health or                                 Appliances, Part 2: Particular                    April 10, 2015 Final Rule, Effective
                                              environmental effects on minority, low-                     Requirements for Refrigerating                    May 11, 2015, and in the December 11,
                                              income or indigenous populations. This                      Appliances, Ice-Cream Appliances and              2017 Final Rule, Effective March 12,
                                              action’s health and environmental risk                      Ice-Makers. 2nd edition. April 2017.              2018
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                                                                 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations                                                               58129

                                                                                        SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS
                                                       End-use                 Substitute         Decision                        Use conditions                                           Further information

                                              Household refrig-              Isobutane (R-     Acceptable     As of March 12, 2018: 9 These refrigerants may be          Applicable OSHA requirements at 29 CFR part 1910
                                                erators, freezers,             600a) Pro-        subject to     used only in new equipment designed specifically           must be followed, including those at 29 CFR
                                                and combination                pane (R-          use con-       and clearly identified for the refrigerant (i.e., none     1910.106 (flammable and combustible liquids),
                                                refrigerators and              290) R-41A.       ditions.       of these substitutes may be used as a conversion           1910.110 (storage and handling of liquefied petro-
                                                freezers (New                                                   or ‘‘retrofit’’ refrigerant for existing equipment de-     leum gases), 1910.157 (portable fire extinguishers),
                                                equipment only).                                                signed for a different refrigerant).                       and 1910.1000 (toxic and hazardous sub-
                                                                                                              These refrigerants may be used only in a refrigerator        stances).Proper ventilation should be maintained at
                                                                                                                or freezer, or combination refrigerator and freezer,       all times during the manufacture and storage of
                                                                                                                that meets all requirements listed in the 2nd edition      equipment containing hydrocarbon refrigerants
                                                                                                                of the Underwriters Laboratories (UL) Standard for         through adherence to good manufacturing practices
                                                                                                                Safety: Household and Similar Electrical Appli-            as per 29 CFR 1910.106. If refrigerant levels in the
                                                                                                                ances—Safety—Part 2–24: Particular Require-                air surrounding the equipment rise above one-
                                                                                                                ments for Refrigerating Appliances, Ice-Cream Ap-          fourth of the lower flammability limit, the space
                                                                                                                pliances and Ice-Makers, UL 60335–2–24, dated              should be evacuated and re-entry should occur
                                                                                                                April 28, 2017.                                            only after the space has been properly ventilated.
                                                                                                                                                                         Technicians and equipment manufacturers should
                                                                                                                                                                           wear appropriate personal protective equipment, in-
                                                                                                                                                                           cluding chemical goggles and protective gloves,
                                                                                                                                                                           when handling these refrigerants. Special care
                                                                                                                                                                           should be taken to avoid contact with the skin
                                                                                                                                                                           since these refrigerants, like many refrigerants, can
                                                                                                                                                                           cause freeze burns on the skin. A Class B dry
                                                                                                                                                                           powder type fire extinguisher should be kept near-
                                                                                                                                                                           by.
                                                                                                                                                                         Technicians should only use spark-proof tools when
                                                                                                                                                                           working on refrigerators and freezers with these re-
                                                                                                                                                                           frigerants.
                                                                                                                                                                         Any recovery equipment used should be designed for
                                                                                                                                                                           flammable refrigerants. Any refrigerant releases
                                                                                                                                                                           should be in a well-ventilated area, such as outside
                                                                                                                                                                           of a building. Only technicians specifically trained in
                                                                                                                                                                           handling flammable refrigerants should service re-
                                                                                                                                                                           frigerators and freezers containing these refrig-
                                                                                                                                                                           erants. Technicians should gain an understanding
                                                                                                                                                                           of minimizing the risk of fire and the steps to use
                                                                                                                                                                           flammable refrigerants safely.

                                                                     *                        *                     *                    *                     *                     *                      *
                                                 Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by ref-
                                              erence, and the referenced sections are made part of the regulations in part 82:
                                                 1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant
                                              in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
                                                 2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating
                                              System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
                                                 3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrig-
                                              erating System. December 30, 2011
                                                 4. UL Standard 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2–24: Particular Requirements for
                                              Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
                                                 The Director of the Federal Register approves the incorporation by reference of the material under ‘‘Use Conditions’’ in the table ‘‘SUBSTITUTES THAT ARE AC-
                                              CEPTABLE SUBJECT TO USE CONDITIONS’’ (5 U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 60335–2–24, 471, 484, and 541 may be purchased by
                                              mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: orders@shopulstandards.com; Telephone: 1–888–853–3503 in the U.S. or Canada (other
                                              countries dial 1–415–352–2178); Internet address: http://www.shopulstandards.com/Catalog.aspx.
                                                 You may inspect a copy at U.S. EPA’s Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the National Archives and
                                              Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA’S Air Docket is 202–566–1742. For information on
                                              the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


                                              *        *     *           *       *                            DEPARTMENT OF COMMERCE                                     SUMMARY:    In this final rule, NMFS
                                                                                                                                                                         specifies annual catch limits (ACLs) for
                                              [FR Doc. 2017–26085 Filed 12–8–17; 8:45 am]                     National Oceanic and Atmospheric                           Pacific Island crustacean, precious
                                                                                                              Administration                                             coral, and territorial bottomfish
                                              BILLING CODE 6560–50–P
                                                                                                                                                                         fisheries, and accountability measures
                                                                                                              50 CFR Part 665                                            (AMs) to correct or mitigate any
                                                                                                                                                                         overages of catch limits. The ACLs and
                                                                                                              [Docket No. 170120106–7999–01]                             AMs will be effective for fishing year
                                                                                                                                                                         2017. Although the 2017 fishing year
                                                                                                              RIN 0648–XF186                                             has nearly ended for most stocks, we
                                                                                                                                                                         will evaluate 2017 catches against these
                                                  9 Prior
                                                        to this date, manufacturers of new
                                                                                                              Pacific Island Fisheries; 2017 Annual                      final ACLs when data become available
                                              household refrigerants and freezers must comply                 Catch Limits and Accountability                            in mid-2018. The proposed ACLs and
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                                              with the use conditions in EPA’s previous                       Measures                                                   AMs support the long-term
                                              hydrocarbon refrigerants rules (76 FR 78832,                                                                               sustainability of fishery resources of the
                                              December 20, 2011; 80 FR 19454, April 10, 2015),                AGENCY:  National Marine Fisheries
                                                                                                              Service (NMFS), National Oceanic and                       U.S. Pacific Islands.
                                              codified at 40 CFR part 82, Appendix R to subpart
                                              G, which include a charge limit of 57 grams for each            Atmospheric Administration (NOAA),                         DATES: The final specifications are
                                              separate refrigerant circuit and a requirement to               Department of Commerce.                                    effective January 10, 2018. The final
                                              meet Supplement SA to the UL 250 Standard, 10th                                                                            specifications are applicable from
                                                                                                              ACTION: Final specifications.
                                              edition, for household refrigerators and freezers.                                                                         January 1, 2017, through December 31,


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Document Created: 2017-12-09 01:49:32
Document Modified: 2017-12-09 01:49:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on March 12, 2018 without further notice, unless EPA receives adverse comment by January 25, 2018. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. Any party requesting a public hearing must notify the contact listed below under FOR FURTHER INFORMATION CONTACT by December 18, 2017. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 12, 2018.
ContactChenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
FR Citation82 FR 58122 
RIN Number2060-AT53
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Recycling; Reporting and Recordkeeping Requirements and Stratospheric Ozone Layer

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