83_FR_39122 83 FR 38969 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards

83 FR 38969 - 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 83, Issue 153 (August 8, 2018)

Page Range38969-38976
FR Document2018-16773

On December 11, 2017, the U.S. Environmental Protection Agency (EPA) published a direct final rule and an accompanying notice of proposed rulemaking entitled ``Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-based Standards.'' EPA proposed 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 to reflect an updated standard from Underwriters Laboratories. Because EPA received adverse comment, EPA withdrew the direct final rule through a separate notice. In this action, EPA is addressing relevant comments and finalizing the proposed use conditions with no changes.

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38969-38976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16773]



[[Page 38969]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9981-89-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: Final rule.

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SUMMARY: On December 11, 2017, the U.S. Environmental Protection Agency 
(EPA) published a direct final rule and an accompanying notice of 
proposed rulemaking entitled ``Protection of Stratospheric Ozone: 
Revision to References for Refrigeration and Air Conditioning Sector To 
Incorporate Latest Edition of Certain Industry, Consensus-based 
Standards.'' EPA proposed 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 to reflect an updated standard from Underwriters 
Laboratories. Because EPA received adverse comment, EPA withdrew the 
direct final rule through a separate notice. In this action, EPA is 
addressing relevant comments and finalizing the proposed use conditions 
with no changes.

DATES: This rule is effective on September 7, 2018. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of September 7, 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 website. 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 SNAP 
program are available on EPA's Stratospheric Ozone website at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. What action is EPA taking?
    B. Does this action apply to me?
II. Background
    A. What is the affected end-use?
    B. Use Conditions
    C. 2017 UL Standard 60335-2-24
III. What is EPA finalizing in this action?
    A. Use Conditions
    B. Rationale for Changed Use Conditions
    C. Incorporation by Reference
    D. Equipment Manufactured Prior to Effective Date of This Rule
IV. Response to Comments
    A. Compliance With 2017 UL Standard 60335-2-24
    B. Flammability
    C. Venting Prohibition
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act
    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
VI. References

I. General Information

A. What action is EPA taking?

    On December 11, 2017, EPA published a direct final rule (82 FR 
58122) to modify 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 previous hydrocarbon 
refrigerants rules under EPA's Significant New Alternatives Policy 
(SNAP) program (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 
2015) with the revised Underwriters Laboratories (UL) Standard 60335-2-
24, ``Household and Similar Electrical Appliances--Safety--Part 2-24: 
Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers'' (2nd edition, April 28, 2017). We stated in 
that direct final rule that if we received adverse comment by January 
25, 2018, we would publish a timely withdrawal in the Federal Register 
so that the direct final rule would not take effect. EPA received 
adverse comment on the direct final rule and published a separate 
notice withdrawing the direct final rule on March 7, 2018 (83 FR 9703).
    EPA also published a Notice of Proposed Rulemaking on December 11, 
2017 accompanying the direct final rule, entitled ``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 58154). That notice proposed to make 
the same changes to the relevant listing decisions as in the direct 
final rule. This action addresses the comments received and finalizes 
the revisions to the relevant listing decisions, as proposed.

B. Does this action apply to me?

    This action 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 entities 
potentially affected by this action. Regulated entities may include:

[[Page 38970]]



     Table 1--Potentially Regulated Entities by North American Industrial Classification System (NAICS) Code
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              Category                  NAICS code                 Description of 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 currently 
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 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 referred to as combination refrigerators 
and freezers. The combination products are the most common. Certain 
small refrigerated household appliances (e.g., chilled kitchen drawers, 
wine coolers, and mini-fridges) are also within this end-use. 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 regard 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. 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). In single-door refrigerators, the optimum 
conditions for food preservation are also slightly higher since food 
storage is not intended for long-term storage. Freezers and combination 
refrigerators and freezers that are designed to store food for long 
durations are generally designed to hold temperatures near 0 to 5 
[deg]F (-17.7 to -15 [deg]C).
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\ 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.
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    \1\ ASHRAE, 2016. ANSI/ASHRAE Standard 34--2016: Designation and 
Safety Classification of Refrigerants.
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    For both toxicity and flammability classifications, refrigerant 
blends are designated based on the worst-case estimate of fractionation 
determined for the blend. Figure 1 illustrates these safety group 
classifications.

[[Page 38971]]

[GRAPHIC] [TIFF OMITTED] TR08AU18.005

B. Use Conditions

    EPA previously found isobutane, propane, and R-441A acceptable, 
subject to use conditions, in new household refrigerators and freezers 
(76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015). In the 
proposed and final rules, EPA provided information on the environmental 
and health properties of the three refrigerants and the various other 
substitutes available for use in household refrigerators and freezers. 
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 the flammability risk, which is not posed by other 
available refrigerants in this end-use, EPA listed the refrigerants as 
acceptable, subject to use conditions, in new household refrigerators 
and freezers. The use conditions ensure minimization of flammability 
risk by incorporating by reference Supplement SA to the 10th edition of 
UL Standard 250, and by including 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 
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. Labeling: ``As provided in clauses SA6.1.1 and SA6.1.2 of UL 
Standard 250, 10th edition, the following markings must be attached at 
the locations provided and must be permanent:
    a. On or near any evaporators that can be contacted by the 
consumer: `DANGER--Risk of Fire or Explosion. Flammable Refrigerant 
Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not 
Puncture Refrigerant Tubing.'
    b. Near the machine compartment: `DANGER--Risk of Fire or 
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained 
Service Personnel. Do Not Puncture Refrigerant Tubing.'
    c. Near the machine compartment: `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.'
    d. On the exterior of the refrigerator: `CAUTION--Risk of Fire or 
Explosion. Dispose of Properly In Accordance With Federal Or Local 
Regulations. Flammable Refrigerant Used.'
    e. Near any and all exposed refrigerant tubing: `CAUTION--Risk of 
Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow 
Handling Instructions Carefully. Flammable Refrigerant Used.'
    All of these markings must be in letters no less than 6.4 mm (\1/4\ 
inch) high.''
    5. Color-coded hoses and piping: ``The refrigerator, freezer, or 
combination refrigerator and freezer

[[Page 38972]]

must have red Pantone Matching System (PMS) #185 marked pipes, hoses, 
or other devices through which the refrigerant is serviced (typically 
known as the service port), to indicate the use of a flammable 
refrigerant. This color must be present at all service ports and where 
service puncturing or otherwise creating an opening from the 
refrigerant circuit to the atmosphere might be expected (e.g., process 
tubes). The color mark must extend at least 2.5 centimeters (1 inch) 
from the compressor and must be replaced if removed.''

C. UL Standard 60335-2-24

    In 2011, UL formed a Joint Task Group (JTG) comprised of members of 
its Standards Technical Panel (STP) to develop recommendations for 
addressing the use and safety of refrigerants classified as A2, A2L, 
and A3 in refrigeration and air conditioning (AC) equipment. One of the 
outcomes is the 2017 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 2017 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 standard on April 28, 2017. 
The 2017 UL Standard replaces the previously published version of this 
same standard as well as UL Standard 250 Supplement SA, ``Requirements 
for Refrigerators and Freezers Employing a Flammable Refrigerant in the 
Refrigerating System'' (Edition 10, August 25, 2000).
    The 2017 UL Standard 60335-2-24 limits the charge size for each 
separate refrigerant circuit (i.e., compressor, condenser, evaporator, 
and refrigerant piping) to 150 grams (5.3 ounces). Additionally, the 
2017 standard 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 the 2017 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 is EPA finalizing in this action?

    As proposed, EPA is revising the use conditions for propane, 
isobutane and R-441 in the household refrigerators and freezers end-
use. We are finalizing the use conditions for each substitute as 
follows:

A. Use Conditions

    EPA is replacing the reference to Supplement SA to the 10th edition 
of UL Standard 250 in use condition ``2'' with ``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 28, 
2017).'' In addition, EPA is removing use conditions ``3,'' ``4,'' and 
``5'' because the conditions specified in those use conditions are 
specified in 2017 UL standard 60335-2-24; the incorporation of 2017 UL 
standard 60335-2-24 in condition 2 includes the requirements in 
previous conditions 3, 4, and 5. The use conditions provide the same 
level of assurance that the three substitutes can be used as safely as 
other available 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
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    \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 the 2017 UL Standard 60335-2-24.

B. Rationale for Changed Use Conditions

1. 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. The 2017 UL Standard 60335-2-24 specifies that the maximum 
charge size for each separate refrigerant circuit in a refrigerator or 
freezer must be no greater than 150 grams (5.29 ounces).
    As discussed in the December 2017 direct final rule, 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 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; NKBA 2016). The 
minimum kitchen volume of 18 m\3\ (640 ft\3\) does not consider 
residential kitchen spaces that are often connected to breakfast nooks 
or 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; NKBA 
2016). The minimum effective kitchen volume modeled in this analysis is 
conservative, as it is approximately half the size of the average 
kitchen in a new single-family home in the United States (i.e., 36 
m\3\) (NKBA 2016). The larger kitchen volume of 53 m\3\ includes 
adjacent areas to the kitchen, such as a breakfast nook, and is more 
conservative than the average estimated volume of a kitchen with a 
breakfast nook in a U.S. household (i.e., 65 m\3\) (NKBA 2016).
    EPA's analysis for each of the refrigerants revealed that even if 
the

[[Page 38973]]

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, 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 found 
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 larger 
modeled room size of 53 m\3\ (1,870 ft\3\), which is a conservative 
kitchen volume in the United States (Murray 1997; NKBA 2016). 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).
    EPA is not retaining a separate charge size limit as a use 
condition because it would be redundant of the updated UL standard. 
Therefore, we are replacing the use condition in ``3'' with the 2017 UL 
Standard 60335-2-24.
2. Color-Coded Hoses and Piping, and Labeling
    The 2017 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 the 2017 UL Standard 60335-2-24.

C. Incorporation by Reference

    Through this action EPA is incorporating by reference the 2017 UL 
Standard 60335-2-24, which establishes requirements for the evaluation 
of household and similar electrical appliances, and safe use of 
flammable refrigerants. The standard is discussed in greater detail 
elsewhere in this preamble. This approach is the same as that used to 
incorporate Supplement SA to the 10th edition of UL Standard 250 in our 
previous rules on flammable refrigerants (76 FR 78832, December 20, 
2011; 80 FR 19454, April 10, 2015).
    The 2017 UL Standard 60335-2-24 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 1-415-352-2178); internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of the 2017 UL Standard 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.

D. Equipment Manufactured Prior to Effective Date of This Rule

    The use conditions in this action apply to new household 
refrigerators and freezers manufactured after the effective date of 
this regulation. This final rule does not apply to or affect equipment 
manufactured before the effective date of this action and manufactured 
in compliance with the SNAP requirements applicable at the time of 
manufacture.

IV. Response to Comments

    EPA received 17 comments on the December 11, 2017, notice of 
proposed rulemaking. Below EPA is responding to six of those comments, 
which were either relevant to this rulemaking or raised issues that 
were addressed in related rulemakings. The other eleven comments raised 
issues that are outside the scope of this rulemaking or are not 
relevant to any related rulemaking, so EPA is not providing a specific 
response to those comments.

A. Compliance With the 2017 UL Standard 60335-2-24

    Comment: Three commenters expressed support for the proposed 
changes to the use conditions to reflect the 2017 UL Standard 60335-2-
24. The commenters noted that the revised use conditions would not 
place any significant burden on the regulated community, would ensure 
consistency with consensus-based standards, and would encourage 
manufacturers of home refrigeration appliances and suppliers of 
refrigerants to transition to more environmentally friendly 
refrigerants.
    Response: EPA acknowledges the support and is finalizing the 
revised use conditions for use of isobutane, propane, and R-441A in 
household refrigerators and freezers as proposed.

B. Flammability

    Comment: Three commenters raised concerns about flammability risks 
and firefighter safety in homes and other buildings due to the 150-gram 
maximum allowable charge size. The commenters asserted that there would 
be negative impacts and implications related to the higher charge size, 
particularly for propane, and encouraged EPA to consult with 
firefighter organizations, such as the National Volunteer Fire Council 
or the Fire Department Safety Officers of America.
    Response: EPA recognizes that flammability is an important 
consideration with regard to the 150-gram charge size. As discussed 
above in section III.2.a, EPA evaluated flammability and toxicity risks 
for isobutane, propane, and R-441A at the maximum charge size as 
provided in the risk screens included in the docket for

[[Page 38974]]

this rulemaking (Docket ID EPA-HQ-OAR-2017-0472-0006, -0007, and -
0008). EPA evaluated toxicity risk by considering exposure to workers 
(including those servicing or disposing of appliances), consumers, and 
the general public. EPA evaluated flammability risk by evaluating 
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. Our 
risk screens found that equipment that met the 150-gram charge limit 
did not exceed the LFL for each of the three refrigerants in household 
refrigerators and freezers in a conservatively sized 53 m\3\ (1,870 
ft\3\) kitchen (see section III.B.1 above for the minimum and average 
kitchen zone volumes). The commenters did not provide any technical 
support for their statements or information demonstrating that use of 
any of the three refrigerants in household refrigerators and freezers 
at a charge of 150 grams (5.3 ounces) would pose significantly greater 
risk than other available alternatives in this end-use. We note that 
the use conditions required by this final rule include specific safety 
testing requirements in the 2017 UL Standard 60335-2-24, which 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. 
The use conditions also provide additional safety measures and labeling 
requirements (e.g., visible warning statement and red coloring on the 
pipes, hoses, and devices which contain refrigerant) that make 
equipment owners, consumers, fire marshals, and emergency first 
responders aware of the presence of a flammability risk. Moreover, EPA 
is aware of the longstanding widespread use on a global basis of 
household refrigerators and freezers using this charge limit. EPA 
agrees that greater awareness of the presence, risks, and benefits of 
flammable refrigerants among fire marshals and first responders would 
be beneficial.

C. Recovery and Recycling Equipment

    Comment: One commenter voiced concerns that isobutane, propane, and 
R-441A were exempted from the venting prohibition because machines for 
the recovery of flammable refrigerants are not currently available in 
the United States. The commenter stated that hydrocarbon refrigerants 
are odorless, require a procedure for proper handling and storing, and 
``undermine our whole premise of not knowingly venting an ODS 
refrigerant or its alternate.'' In contrast, two commenters provided 
supporting information regarding the safe servicing of household 
appliances with flammable refrigerants and the availability of 
equipment and technologies to safely recover and reclaim flammable 
refrigerants.
    Response: These comments are outside the scope of this rulemaking. 
EPA did not propose and is not today finalizing any changes to its 
previous determinations that venting, releasing, or disposing of these 
refrigerants used in this end-use does not pose a threat to the 
environment under CAA section 608(c)(2). EPA made these determinations 
under section 608(c)(2) in final rules issued in 2014 and 2015 (79 FR 
29682, May 23, 2014; 80 FR 19454, April 10, 2015) and did not reopen 
those determinations in this rulemaking. EPA directs the commenters to 
those rules for additional information. EPA appreciates the information 
provided by commenters with regard to the availability of recovery and 
recycling equipment.

V. Statutory and Executive Order Reviews

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

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

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

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

    This action is not 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. Today's 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.

[[Page 38975]]

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, 2018a. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Propane (R-290).
    \7\ ICF, 2018b. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
    \8\ ICF, 2018c. 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 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. The 2017 
UL Standard 60335-2-24 supersedes the current edition of Supplement SA 
the 10th edition of UL Standard 250, ``Requirements for Refrigerators 
and Freezers Employing a Flammable Refrigerant in the Refrigerating 
System'' (August 2000). EPA's revision to the use conditions will 
replace Supplement SA to the 10th edition of 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).

VI. 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, 2018a. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: Propane (R-290).
ICF, 2018b. Risk Screen on Substitutes in Household Refrigerators 
and Freezers; Substitute: Isobutane (R-600a).
ICF, 2018c. 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.
National Kitchen and Bath Association (NKBA), 2016. Size of Kitchens 
in New U.S. Single Family Homes. August 2016. Available online at: 
https://nkba.myshopify.com/collections/research/products/size-of-kitchens-in-new-u-s-single-family-homes.
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: July 30, 2018.
Andrew R. Wheeler,
Acting 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 appendix heading.
0
b. Removing the two entries 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 to Appendix R.
    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 August 8, 2018 Final Rule, Effective September 7, 2018

[[Page 38976]]



                            Substitutes That Are Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision          Use conditions      Further information
----------------------------------------------------------------------------------------------------------------
Household refrigerators,        Isobutane (R-     Acceptable        As of September 7,     Applicable OSHA
 freezers, and combination       600a).            subject to use    2018:.                 requirements at 29
 refrigerators and freezers     Propane (R-290).   conditions.      These refrigerants      CFR part 1910 must
 (New equipment only).          R-441A..........                     may be used only in    be followed,
                                                                     new equipment          including those at
                                                                     designed               29 CFR 1910.106
                                                                     specifically and       (flammable and
                                                                     clearly identified     combustible
                                                                     for the refrigerant    liquids), 1910.110
                                                                     (i.e., none of these   (storage and
                                                                     substitutes may be     handling of
                                                                     used as a conversion   liquefied petroleum
                                                                     or ``retrofit''        gases), 1910.157
                                                                     refrigerant for        (portable fire
                                                                     existing equipment     extinguishers), and
                                                                     designed for a         1910.1000 (toxic and
                                                                     different              hazardous
                                                                     refrigerant).          substances).
                                                                    These refrigerants     Proper ventilation
                                                                     may be used only in    should be maintained
                                                                     a refrigerator or      at all times during
                                                                     freezer, or            the manufacture and
                                                                     combination            storage of equipment
                                                                     refrigerator and       containing
                                                                     freezer, that meets    hydrocarbon
                                                                     all requirements       refrigerants through
                                                                     listed in the 2nd      adherence to good
                                                                     edition of the         manufacturing
                                                                     Underwriters           practices as per 29
                                                                     Laboratories (UL)      CFR 1910.106. If
                                                                     Standard for Safety:   refrigerant levels
                                                                     Household and          in the air
                                                                     Similar Electrical     surrounding the
                                                                     Appliances--Safety--   equipment rise above
                                                                     Part 2-24:             one-fourth of the
                                                                     Particular             lower flammability
                                                                     Requirements for       limit, the space
                                                                     Refrigerating          should be evacuated
                                                                     Appliances, Ice-       and re-entry should
                                                                     Cream Appliances and   occur only after the
                                                                     Ice-Makers, UL 60335-  space has been
                                                                     2-24, dated April      properly ventilated.
                                                                     28, 2017.             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 471, 484, 
541, and 60335-2-24, 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.
* * * * *
[FR Doc. 2018-16773 Filed 8-7-18; 8:45 am]
BILLING CODE 6560-50-P



                                                            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations                                         38969

                                           ENVIRONMENTAL PROTECTION                                available electronically through https://               K. Executive Order 12898: Federal Actions
                                           AGENCY                                                  www.regulations.gov or in hard copy at                     To Address Environmental Justice in
                                                                                                   the Air and Radiation Docket, EPA/DC,                      Minority Populations and Low-Income
                                           40 CFR Part 82                                          EPA West, Room 3334, 1301                                  Populations
                                                                                                   Constitution Avenue NW, Washington,                     L. Congressional Review Act
                                           [EPA–HQ–OAR–2017–0472; FRL–9981–89–                     DC. The Public Reading Room is open                   VI. References
                                           OAR]
                                                                                                   from 8:30 a.m. to 4:30 p.m., Monday                   I. General Information
                                           RIN 2060–AT53                                           through Friday, excluding legal
                                                                                                   holidays. The telephone number for the                A. What action is EPA taking?
                                           Protection of Stratospheric Ozone:                      Public Reading Room is (202) 566–1744,
                                           Revision to References for                              and the telephone number for the Air                     On December 11, 2017, EPA
                                           Refrigeration and Air Conditioning                      and Radiation Docket is (202) 566–1742.               published a direct final rule (82 FR
                                           Sector To Incorporate Latest Edition of                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                         58122) to modify the use conditions for
                                           Certain Industry, Consensus-Based                       Chenise Farquharson, Stratospheric                    three flammable hydrocarbon
                                           Standards                                               Protection Division, Office of                        refrigerants—isobutane (R-600a),
                                                                                                   Atmospheric Programs (Mail Code                       propane (R-290), and R-441A—used in
                                           AGENCY:  Environmental Protection                                                                             new household refrigerators, freezers,
                                                                                                   6205T), Environmental Protection
                                           Agency (EPA).                                                                                                 and combination refrigerators and
                                                                                                   Agency, 1200 Pennsylvania Ave. NW,
                                           ACTION: Final rule.                                     Washington, DC 20460; telephone                       freezers (hereafter ‘‘household
                                                                                                   number: 202–564–7768; email address:                  refrigerators and freezers’’) by replacing
                                           SUMMARY:   On December 11, 2017, the                    farquharson.chenise@epa.gov. Notices                  four of the five use conditions in
                                           U.S. Environmental Protection Agency                    and rulemakings under EPA’s SNAP                      previous hydrocarbon refrigerants rules
                                           (EPA) published a direct final rule and                 program are available on EPA’s                        under EPA’s Significant New
                                           an accompanying notice of proposed                      Stratospheric Ozone website at https://               Alternatives Policy (SNAP) program (76
                                           rulemaking entitled ‘‘Protection of                     www.epa.gov/snap/snap-regulations.                    FR 78832, December 20, 2011; 80 FR
                                           Stratospheric Ozone: Revision to                                                                              19454, April 10, 2015) with the revised
                                                                                                   SUPPLEMENTARY INFORMATION:
                                           References for Refrigeration and Air                                                                          Underwriters Laboratories (UL)
                                           Conditioning Sector To Incorporate                      Table of Contents                                     Standard 60335–2–24, ‘‘Household and
                                           Latest Edition of Certain Industry,                                                                           Similar Electrical Appliances—Safety—
                                                                                                   I. General Information
                                           Consensus-based Standards.’’ EPA                           A. What action is EPA taking?
                                                                                                                                                         Part 2–24: Particular Requirements for
                                           proposed to modify the use conditions                      B. Does this action apply to me?                   Refrigerating Appliances, Ice-Cream
                                           required for use of three flammable                     II. Background                                        Appliances and Ice-Makers’’ (2nd
                                           refrigerants—isobutane (R-600a),                           A. What is the affected end-use?                   edition, April 28, 2017). We stated in
                                           propane (R-290), and R-441A—in new                         B. Use Conditions                                  that direct final rule that if we received
                                           household refrigerators, freezers, and                     C. 2017 UL Standard 60335–2–24                     adverse comment by January 25, 2018,
                                           combination refrigerators and freezers                  III. What is EPA finalizing in this action?           we would publish a timely withdrawal
                                           under the Significant New Alternatives                     A. Use Conditions                                  in the Federal Register so that the direct
                                           Policy (SNAP) program to reflect an                        B. Rationale for Changed Use Conditions            final rule would not take effect. EPA
                                                                                                      C. Incorporation by Reference
                                           updated standard from Underwriters                                                                            received adverse comment on the direct
                                                                                                      D. Equipment Manufactured Prior to
                                           Laboratories. Because EPA received                            Effective Date of This Rule
                                                                                                                                                         final rule and published a separate
                                           adverse comment, EPA withdrew the                       IV. Response to Comments                              notice withdrawing the direct final rule
                                           direct final rule through a separate                       A. Compliance With 2017 UL Standard                on March 7, 2018 (83 FR 9703).
                                           notice. In this action, EPA is addressing                     60335–2–24                                        EPA also published a Notice of
                                           relevant comments and finalizing the                       B. Flammability                                    Proposed Rulemaking on December 11,
                                           proposed use conditions with no                            C. Venting Prohibition
                                                                                                                                                         2017 accompanying the direct final rule,
                                           changes.                                                V. Statutory and Executive Order Reviews
                                                                                                      A. Executive Order 12866: Regulatory
                                                                                                                                                         entitled ‘‘Protection of Stratospheric
                                           DATES:  This rule is effective on                             Planning and Review and Executive               Ozone: Revision to References for
                                           September 7, 2018. The incorporation                          Order 13563: Improving Regulation and           Refrigeration and Air Conditioning
                                           by reference of certain publications                          Regulatory Review                               Sector To Incorporate Latest Edition of
                                           listed in the rule is approved by the                      B. Executive Order 13771: Reducing                 Certain Industry, Consensus-based
                                           Director of the Federal Register as of                        Regulation and Controlling Regulatory           Standards’’ (82 FR 58154). That notice
                                           September 7, 2018.                                            Costs                                           proposed to make the same changes to
                                                                                                      C. Paperwork Reduction Act                         the relevant listing decisions as in the
                                           ADDRESSES: EPA has established a                           D. Regulatory Flexibility Act
                                           docket for this action under Docket ID                                                                        direct final rule. This action addresses
                                                                                                      E. Unfunded Mandates Reform Act                    the comments received and finalizes the
                                           No. EPA–HQ–OAR–2017–0472. All                              F. Executive Order 13132: Federalism
                                           documents in the docket are listed on                      G. Executive Order 13175: Consultation
                                                                                                                                                         revisions to the relevant listing
                                           the https://www.regulations.gov                               and Coordination With Indian Tribal             decisions, as proposed.
                                           website. Although listed in the index,                        Governments                                     B. Does this action apply to me?
                                           some information is not publicly                           H. Executive Order 13045: Protection of
                                           available, e.g., confidential business                        Children From Environmental Health                 This action regulates the use of three
                                           information (CBI) or other information                        and Safety Risks                                flammable hydrocarbon refrigerants—
amozie on DSK3GDR082PROD with RULES




                                                                                                      I. Executive Order 13211: Actions
                                           whose disclosure is restricted by statute.                                                                    isobutane, propane, and the
                                                                                                         Concerning Regulations That
                                           Certain other material, such as                               Significantly Affect Energy Supply,             hydrocarbon blend R-441A—in new
                                           copyrighted material, is not placed on                        Distribution, or Use                            household refrigerators and freezers.
                                           the internet and will be publicly                          J. National Technology Transfer and                Table 1 identifies entities potentially
                                           available only in hard copy form.                             Advancement Act (NTTAA) and 1 CFR               affected by this action. Regulated
                                           Publicly available docket materials are                       part 51                                         entities may include:


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                                           38970             Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations

                                            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, 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                          the factory and typically require only an             ppm by volume, based on data used to
                                           exhaustive, but rather provides a guide                      electricity supply to begin operation.                determine TLV–TWA or consistent
                                           for readers regarding entities likely to be                    The 2014 American Society of                        indices.
                                           regulated by this action. This table lists                   Heating, Refrigerating, and Air-                         The refrigerants are also assigned a
                                           the types of entities that EPA is                            Conditioning Engineers (ASHRAE)                       flammability classification of 1, 2, or 3.
                                           currently aware could potentially be                         Handbook of Refrigeration provides an                 Tests are conducted in accordance with
                                           regulated by this action. Other types of                     overview of food preservation in regard               American Society for Testing and
                                           entities not listed in the table could also                  to household refrigerators and freezers.              Materials (ASTM) E681 using a spark
                                           be regulated. To determine whether                           Generally, a storage temperature                      ignition source at 60 °C and 101.3 kPa.1
                                           your entity is regulated by this action,                     between 32 and 39 °F (0 to 3.9 °C) is                 The flammability classification ‘‘1’’ is
                                           you should carefully examine the                             desirable for preserving fresh food.                  given to refrigerants that, when tested,
                                           applicability criteria found in 40 CFR                       Humidity and higher or lower                          show no flame propagation. The
                                           part 82. If you have questions regarding                     temperatures are more suitable for                    flammability classification ‘‘2’’ is given
                                           the applicability of this action to a                        certain foods and beverages. Wine                     to refrigerants that, when tested, exhibit
                                           particular entity, consult the person                        chillers, for example, are frequently                 flame propagation, have a heat of
                                           listed in the FOR FURTHER INFORMATION                        used for storing wine, and have slightly              combustion less than 19,000 kJ/kg
                                           CONTACT section.                                             higher optimal temperatures from 45 to                (8,174 British thermal units (BTU)/lb),
                                                                                                        65 °F (7.2 to 18.3 °C). In single-door                and have a lower flammability limit
                                           II. Background                                               refrigerators, the optimum conditions                 (LFL) greater than 0.10 kg/m3.
                                           A. What is the affected end-use?                             for food preservation are also slightly               Refrigerants within flammability
                                                                                                        higher since food storage is not intended             classification ‘‘2’’ may optionally be
                                              Household refrigerators and freezers                      for long-term storage. Freezers and                   designated in the subclass ‘‘2L’’ if they
                                           are intended primarily for residential                       combination refrigerators and freezers                have a maximum burning velocity of 10
                                           use, although they may be used outside                       that are designed to store food for long              cm/s or lower when tested at 23.0 °C
                                           the home (e.g., workplace kitchen                            durations are generally designed to hold              and 101.3 kPa. The flammability
                                           pantries). The designs and refrigeration                     temperatures near 0 to 5 °F (¥17.7 to                 classification ‘‘3’’ is given to refrigerants
                                           capacities of equipment vary widely.                         ¥15 °C).                                              that, when tested, exhibit flame
                                           This equipment is composed of three                                                                                propagation and that either have a heat
                                           main categories: Household freezers                          Refrigerant Flammability
                                                                                                                                                              of combustion of 19,000 kJ/kg (8,174
                                           only offer storage space at freezing                            American National Standards                        BTU/lb) or greater or an LFL of 0.10 kg/
                                           temperatures, household refrigerators                        Institute (ANSI)/ASHRAE Standard                      m3 or lower. Thus, refrigerants with
                                           only offer storage space at non-freezing                     34—2016 assigns a safety group                        flammability classification ‘‘3’’ are
                                           temperatures, and products with both a                       classification for each refrigerant which             highly flammable while those with
                                           refrigerator and freezer in a single unit                    consists of two alphanumeric characters               flammability classification ‘‘2’’ are less
                                           are referred to as combination                               (e.g., A2 or B1). The capital letter                  flammable and those with flammability
                                           refrigerators and freezers. The                              indicates the toxicity and the numeral                classification ‘‘2L’’ are mildly
                                           combination products are the most                            denotes the flammability. ASHRAE                      flammable.
                                           common. Certain small refrigerated                           classifies Class A refrigerants as
                                                                                                                                                                 For both toxicity and flammability
                                           household appliances (e.g., chilled                          refrigerants for which toxicity has not
                                                                                                                                                              classifications, refrigerant blends are
                                           kitchen drawers, wine coolers, and                           been identified at concentrations less
                                                                                                                                                              designated based on the worst-case
                                           mini-fridges) are also within this end-                      than or equal to 400 parts per million
                                                                                                                                                              estimate of fractionation determined for
                                           use. Household refrigerators and                             (ppm) by volume, based on data used to
                                                                                                                                                              the blend. Figure 1 illustrates these
                                           freezers have all refrigeration                              determine threshold limit values (TLV)–
                                                                                                                                                              safety group classifications.
                                           components integrated, and for the                           time weighted average (TWA) or
                                           smallest types, the refrigeration circuit                    consistent indices. Class B signifies                   1 ASHRAE, 2016. ANSI/ASHRAE Standard 34—
                                           is entirely brazed or welded. These                          refrigerants for which there is evidence              2016: Designation and Safety Classification of
                                           systems are charged with refrigerant at                      of toxicity at concentrations below 400               Refrigerants.
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                                                            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations                                           38971




                                           B. Use Conditions                                       and requirements for markings on                        the appliance must meet the
                                              EPA previously found isobutane,                      equipment using the refrigerants to                     requirements of the final rule in place
                                           propane, and R-441A acceptable, subject                 inform consumers and technicians of                     of the requirements in the UL standard;’’
                                           to use conditions, in new household                     potential flammability hazards. Without                    3. Charge size: ‘‘The charge size must
                                           refrigerators and freezers (76 FR 78832,                appropriate use conditions, the                         not exceed 57 grams (2.01 ounces) in
                                           December 20, 2011; 80 FR 19454, April                   flammability risk posed by the                          any refrigerator, freezer, or combination
                                           10, 2015). In the proposed and final                    refrigerants could be higher than non-                  refrigerator and freezer in each circuit;’’
                                           rules, EPA provided information on the                  flammable refrigerants because                             4. Labeling: ‘‘As provided in clauses
                                           environmental and health properties of                  individuals may not be aware that their                 SA6.1.1 and SA6.1.2 of UL Standard
                                           the three refrigerants and the various                  actions could potentially cause a fire,                 250, 10th edition, the following
                                           other substitutes available for use in                  and because the refrigerants could be                   markings must be attached at the
                                           household refrigerators and freezers.                   used in existing equipment that has not                 locations provided and must be
                                           EPA’s risk screens for the three                        been designed specifically to minimize                  permanent:
                                           refrigerants are available in the docket                flammability risks. Our assessment and                     a. On or near any evaporators that can
                                           for these rulemakings (EPA–HQ–OAR–                      listing decisions (76 FR 78832;                         be contacted by the consumer:
                                           2009–0286 and EPA–HQ–OAR–2013–                          December 20, 2011 and 80 FR 19454;                      ‘DANGER—Risk of Fire or Explosion.
                                           0748).2 3                                               April 10, 2015) found that with the use                 Flammable Refrigerant Used. Do Not
                                              Isobutane, propane, and R-441A have                  conditions, the overall risk of these                   Use Mechanical Devices To Defrost
                                           an ASHRAE classification of A3,                         substitutes, including the risk due to                  Refrigerator. Do Not Puncture
                                           indicating that they have low toxicity                  flammability, does not present                          Refrigerant Tubing.’
                                           and high flammability. The                              significantly greater risk in the end-use                  b. Near the machine compartment:
                                           flammability risks are of concern                       than other substitutes that are currently               ‘DANGER—Risk of Fire or Explosion.
                                           because household refrigerators and                     or potentially available for that same                  Flammable Refrigerant Used. To Be
                                           freezers have traditionally used                        end-use.                                                Repaired Only By Trained Service
                                           refrigerants that are not flammable. In                    The use conditions required the                      Personnel. Do Not Puncture Refrigerant
                                           the presence of an ignition source (e.g.,               following:                                              Tubing.’
                                           static electricity, a spark resulting from                 1. New equipment only; not intended                     c. Near the machine compartment:
                                           a closing door, or a cigarette), an                     for use as a retrofit alternative: ‘‘These              ‘CAUTION—Risk of Fire or Explosion.
                                           explosion or a fire could occur if the                  refrigerants may be used only in new                    Flammable Refrigerant Used. Consult
                                           concentration of isobutane, propane,                    equipment designed specifically and                     Repair Manual/Owner’s Guide Before
                                           and R-441A were to exceed the LFL of                    clearly identified for the refrigerant (i.e.,           Attempting To Service This Product. All
                                           18,000 ppm, 21,000 ppm, and 20,500                      none of these substitutes may be used as                Safety Precautions Must be Followed.’
                                           ppm, respectively.                                      a conversion or ‘retrofit’ 4 refrigerant for               d. On the exterior of the refrigerator:
                                              To address the flammability risk,                    existing equipment designed for a                       ‘CAUTION—Risk of Fire or Explosion.
                                           which is not posed by other available                   different refrigerant);’’                               Dispose of Properly In Accordance With
                                           refrigerants in this end-use, EPA listed                   2. UL standard: ‘‘These refrigerants                 Federal Or Local Regulations.
                                           the refrigerants as acceptable, subject to              may be used only in a refrigerator or                   Flammable Refrigerant Used.’
                                           use conditions, in new household                        freezer, or combination refrigerator and                   e. Near any and all exposed
                                           refrigerators and freezers. The use                     freezer, that meets all requirements                    refrigerant tubing: ‘CAUTION—Risk of
                                           conditions ensure minimization of                       listed in Supplement SA to the 10th                     Fire or Explosion Due To Puncture Of
                                           flammability risk by incorporating by                   edition of the UL Standard for                          Refrigerant Tubing; Follow Handling
                                           reference Supplement SA to the 10th                     Household Refrigerators and Freezers,                   Instructions Carefully. Flammable
                                           edition of UL Standard 250, and by                      UL 250, dated August 25, 2000). In cases                Refrigerant Used.’
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                                           including refrigerant charge size limits                where the final rule includes                              All of these markings must be in
                                                                                                   requirements more stringent than those                  letters no less than 6.4 mm (1⁄4 inch)
                                             2 Isobutane and R-441A: 75 FR 25799, May 10,
                                                                                                   of the 10th edition of UL Standard 250,                 high.’’
                                           2010 (proposed rule); 76 FR 78832, December 20,
                                           2011 (final rule).                                                                                                 5. Color-coded hoses and piping:
                                             3 Propane: 79 FR 38811, July 9, 2014 (proposed          4 Sometimes conversion refrigerant substitutes are    ‘‘The refrigerator, freezer, or
                                                                                                                                                                                                         ER08AU18.005</GPH>




                                           rule); 80 FR 19454, April 10, 2015 (final rule).        inaccurately referred to as ‘‘drop in’’ replacements.   combination refrigerator and freezer


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                                           38972            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations

                                           must have red Pantone Matching                          below the LFL, and that potential                       B. Rationale for Changed Use
                                           System (PMS) #185 marked pipes,                         ignition sources will not be able to                    Conditions
                                           hoses, or other devices through which                   create temperatures high enough to start
                                                                                                                                                           1. Charge Size
                                           the refrigerant is serviced (typically                  a fire. Appliances that are in compliance
                                           known as the service port), to indicate                 with the 2017 UL Standard 60335–2–24                       EPA previously required a charge size
                                           the use of a flammable refrigerant. This                have passed appropriate ignition or                     limit of 57 grams (2.01 ounces) for each
                                           color must be present at all service ports              leakage tests as stipulated in the                      separate refrigerant circuit in a
                                           and where service puncturing or                         standard. Passing the leakage test                      refrigerator or freezer. The 2017 UL
                                           otherwise creating an opening from the                  ensures that refrigerant concentrations                 Standard 60335–2–24 specifies that the
                                           refrigerant circuit to the atmosphere                   in the event of a leak do not reach or                  maximum charge size for each separate
                                           might be expected (e.g., process tubes).                exceed 75 percent of the LFL inside any                 refrigerant circuit in a refrigerator or
                                           The color mark must extend at least 2.5                 internal or external electrical                         freezer must be no greater than 150
                                           centimeters (1 inch) from the                           component compartments.                                 grams (5.29 ounces).
                                           compressor and must be replaced if                                                                                 As discussed in the December 2017
                                           removed.’’                                              III. What is EPA finalizing in this                     direct final rule, EPA evaluated
                                                                                                   action?                                                 reasonable worst-case and more typical,
                                           C. UL Standard 60335–2–24                                                                                       yet conservative, scenarios to model the
                                              In 2011, UL formed a Joint Task                         As proposed, EPA is revising the use                 effects of the sudden release of each
                                           Group (JTG) comprised of members of                     conditions for propane, isobutane and                   refrigerant from a household refrigerator
                                           its Standards Technical Panel (STP) to                  R-441 in the household refrigerators and                or freezer containing the maximum
                                           develop recommendations for                             freezers end-use. We are finalizing the                 charge size of 150 grams (5.29 ounces).
                                           addressing the use and safety of                        use conditions for each substitute as                   This was done to determine whether the
                                           refrigerants classified as A2, A2L, and                 follows:                                                refrigerants would present flammability
                                           A3 in refrigeration and air conditioning                A. Use Conditions                                       or toxicity concerns for consumers or
                                           (AC) equipment. One of the outcomes is                                                                          workers, including those servicing or
                                           the 2017 UL Standard 60335–2–24,                           EPA is replacing the reference to                    disposing of appliances. To represent a
                                           which is based on International                         Supplement SA to the 10th edition of                    reasonable worst-case scenario, it was
                                           Electrotechnical Commission (IEC)                       UL Standard 250 in use condition ‘‘2’’                  assumed that a catastrophic leak of each
                                           Standard 60335–2–24 ‘‘Household and                     with ‘‘UL Standard 60335–2–24, Safety                   refrigerant would occur while the
                                           Similar Electrical Appliances—Safety—                   Requirements for Household and                          refrigerator or freezer unit is in a
                                           Part 2–24: Particular Requirements for                  Similar Electrical Appliances, Part 2:                  residential kitchen with a height of
                                           Refrigerating Appliances, Ice-Cream                     Particular Requirements for                             approximately 2.4 meters (i.e., a
                                           Appliances and Ice-Makers’’ (edition                    Refrigerating Appliances, Ice-Cream                     standard 8-foot ceiling) and a minimum
                                           7.1, May 2012). The 2017 UL Standard                    Appliances and Ice-Makers (2nd                          effective volume of 18 m3 (640 ft3) or an
                                           60335–2–24 was developed in an open                     Edition, April 28, 2017).’’ In addition,                effective volume of 53 m3 (1,870 ft3)
                                           and consensus-based approach, with the                  EPA is removing use conditions ‘‘3,’’                   (i.e., excluding the space filled by
                                           assistance of experts in the refrigeration              ‘‘4,’’ and ‘‘5’’ because the conditions                 cabinets, other kitchen equipment)
                                           and AC industry as well as experts                      specified in those use conditions are                   (Murray 1997; NKBA 2016). The
                                           involved in assessing the safety of                     specified in 2017 UL standard 60335–2–                  minimum kitchen volume of 18 m3 (640
                                           products. The revision cycle, including                 24; the incorporation of 2017 UL                        ft3) does not consider residential
                                           final recirculation, concluded on                       standard 60335–2–24 in condition 2                      kitchen spaces that are often connected
                                           February 6, 2017, and UL published the                  includes the requirements in previous                   to breakfast nooks or other rooms (e.g.,
                                           standard on April 28, 2017. The 2017                    conditions 3, 4, and 5. The use                         living room, dining room) through open
                                           UL Standard replaces the previously                     conditions provide the same level of                    pathways or swinging doors, which
                                           published version of this same standard                 assurance that the three substitutes can                would also increase the effective
                                           as well as UL Standard 250 Supplement                   be used as safely as other available                    volume of the space into which a
                                           SA, ‘‘Requirements for Refrigerators and                alternatives. The revised use conditions                refrigerant would be released, thereby
                                           Freezers Employing a Flammable                          apply to new household refrigerators                    reducing the likelihood that the
                                           Refrigerant in the Refrigerating System’’               and freezers manufactured after the                     instantaneous concentration of the
                                           (Edition 10, August 25, 2000).                          effective date of this regulation. The                  refrigerants would exceed the LFL.
                                              The 2017 UL Standard 60335–2–24                      new use conditions are as follows:                      Conversely, the larger kitchen volume
                                           limits the charge size for each separate                                                                        used in the analysis (i.e., 53 m3)
                                           refrigerant circuit (i.e., compressor,                     1. New equipment only; not intended                  considers air-mixing that is likely to
                                           condenser, evaporator, and refrigerant                  for use as a retrofit alternative: Propane,             occur within the spaces that are
                                           piping) to 150 grams (5.3 ounces).                      isobutane, and R-441A may be used                       adjacent to the kitchen (Murray 1997;
                                           Additionally, the 2017 standard requires                only in new equipment designed                          NKBA 2016). The minimum effective
                                           testing of refrigeration appliances                     specifically and clearly identified for                 kitchen volume modeled in this analysis
                                           containing flammable refrigerants,                      the refrigerant (i.e., none of these                    is conservative, as it is approximately
                                           including leakage tests, temperature and                substitutes may be used as a conversion                 half the size of the average kitchen in a
                                           scratch tests, and heat testing                         or ‘‘retrofit’’ 5 refrigerant for existing              new single-family home in the United
                                           requirements to address the hazards due                 equipment designed for a different                      States (i.e., 36 m3) (NKBA 2016). The
                                           to ignition of leaked refrigerant by                    refrigerant); and                                       larger kitchen volume of 53 m3 includes
                                           potential ignition sources associated                      2. UL standard: These refrigerants                   adjacent areas to the kitchen, such as a
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                                           with the appliance (see sections 22.107–                may be used only in equipment that                      breakfast nook, and is more conservative
                                           22.110 and the relevant annexes of the                  meets all requirements in the 2017 UL                   than the average estimated volume of a
                                           standard for specific testing                           Standard 60335–2–24.                                    kitchen with a breakfast nook in a U.S.
                                           requirements). These tests are intended,                                                                        household (i.e., 65 m3) (NKBA 2016).
                                           among other things, to ensure that any                    5 Sometimes conversion refrigerant substitutes are       EPA’s analysis for each of the
                                           leaks will result in concentrations well                inaccurately referred to as ‘‘drop in’’ replacements.   refrigerants revealed that even if the


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                                                            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations                                        38973

                                           unit’s full charge were emitted within                  2. Color-Coded Hoses and Piping, and                  and freezers manufactured after the
                                           one minute, the concentration would                     Labeling                                              effective date of this regulation. This
                                           not reach the LFL for that refrigerant in                 The 2017 UL Standard 60335–2–24                     final rule does not apply to or affect
                                           the less conservative 53 m3 (1,870 ft3)                 includes requirements for red PMS #185                equipment manufactured before the
                                           kitchen, showing a lack of flammability                 marked pipes, hoses, and other devices                effective date of this action and
                                           risk. The threshold analyses                            through which the refrigerant passes,                 manufactured in compliance with the
                                           demonstrated that a flammability                        and requirements for markings in letters              SNAP requirements applicable at the
                                           concern could exist in the minimum                      no less than 6.4 mm (1⁄4 inch) high to                time of manufacture.
                                           modeled kitchen volume (i.e., 18 m3                     inform consumers and technicians of                   IV. Response to Comments
                                           (640 ft3)) if the charge size of the                    potential flammability hazards are
                                           household refrigerator or freezer                                                                                EPA received 17 comments on the
                                                                                                   addressed in (see sections 7.1 and                    December 11, 2017, notice of proposed
                                           exceeded 120 grams, which is slightly                   22.106 of the standard for additional
                                           smaller than the maximum modeled                                                                              rulemaking. Below EPA is responding to
                                                                                                   information on the required marking                   six of those comments, which were
                                           charge size (i.e., 150 grams). However,                 and warning labels). Retaining the use
                                           the estimated exposures were derived                                                                          either relevant to this rulemaking or
                                                                                                   conditions in ‘‘4’’ and ‘‘5’’ in EPA’s                raised issues that were addressed in
                                           using conservative assumptions (e.g.,                   previous hydrocarbon refrigerants rules
                                           small room size, no ventilation). A 150-                                                                      related rulemakings. The other eleven
                                                                                                   would be redundant of the updated                     comments raised issues that are outside
                                           gram household refrigeration unit                       standard. Therefore, we are replacing
                                           would have to be installed in a kitchen                                                                       the scope of this rulemaking or are not
                                                                                                   the use conditions in ‘‘4’’ and ‘‘5’’ with            relevant to any related rulemaking, so
                                           at least 2.3 times smaller than the less                the 2017 UL Standard 60335–2–24.
                                           conservative kitchen size modeled, in                                                                         EPA is not providing a specific response
                                           the worst-case conditions at end-use, for               C. Incorporation by Reference                         to those comments.
                                           flammability to be of concern. As a                        Through this action EPA is                         A. Compliance With the 2017 UL
                                           result, EPA determined that a release of                incorporating by reference the 2017 UL                Standard 60335–2–24
                                           a 150-gram unit does not present a                      Standard 60335–2–24, which
                                           significant flammability risk in the                                                                            Comment: Three commenters
                                                                                                   establishes requirements for the                      expressed support for the proposed
                                           reasonable worst-case scenario for the                  evaluation of household and similar
                                           three refrigerants in household                                                                               changes to the use conditions to reflect
                                                                                                   electrical appliances, and safe use of                the 2017 UL Standard 60335–2–24. The
                                           refrigerators and freezers.                             flammable refrigerants. The standard is               commenters noted that the revised use
                                              Concerning toxicity of the                           discussed in greater detail elsewhere in              conditions would not place any
                                           refrigerants, our risk screens found that               this preamble. This approach is the                   significant burden on the regulated
                                           the 30-minute acute exposure guideline                  same as that used to incorporate                      community, would ensure consistency
                                           level (AEGL) (i.e., 6,900 ppm) is                       Supplement SA to the 10th edition of                  with consensus-based standards, and
                                           exceeded only in the worst-case                         UL Standard 250 in our previous rules                 would encourage manufacturers of
                                           scenario for the minimum kitchen                        on flammable refrigerants (76 FR 78832,               home refrigeration appliances and
                                           volume (i.e., 18 m3). Based upon our                    December 20, 2011; 80 FR 19454, April                 suppliers of refrigerants to transition to
                                           analysis, the minimum room sizes in                     10, 2015).                                            more environmentally friendly
                                           which installed equipment could cause                      The 2017 UL Standard 60335–2–24 is                 refrigerants.
                                           a toxicity concern would have to be                     available for purchase by mail at:                      Response: EPA acknowledges the
                                           approximately 0.8 times smaller than                    COMM 2000, 151 Eastern Avenue,                        support and is finalizing the revised use
                                           the larger modeled room size of 53 m3                   Bensenville, IL 60106; Email: orders@                 conditions for use of isobutane,
                                           (1,870 ft3), which is a conservative                    shopulstandards.com; Telephone: 1–                    propane, and R-441A in household
                                           kitchen volume in the United States                     888–853–3503 in the U.S. or Canada                    refrigerators and freezers as proposed.
                                           (Murray 1997; NKBA 2016). Thus, we                      (other countries dial 1–415–352–2178);
                                           have determined that isobutane,                         internet address: http://www.shopul                   B. Flammability
                                           propane, and R–441A do not pose                         standards.com/ProductDetail.                             Comment: Three commenters raised
                                           significantly greater flammability and                  aspx?productId=UL60335-2-24_2_B_                      concerns about flammability risks and
                                           toxicity risks than other acceptable                    20170428(ULStandards2). The cost of                   firefighter safety in homes and other
                                           refrigerants in the household                           the 2017 UL Standard 60335–2–24 is                    buildings due to the 150-gram
                                           refrigerators and freezers end-use. The                 $454 for an electronic copy and $567 for              maximum allowable charge size. The
                                           higher charge size included in the                      hardcopy. UL also offers a subscription               commenters asserted that there would
                                           revised use condition will provide                      service to the Standards Certification                be negative impacts and implications
                                           greater flexibility to appliance                        Customer Library (SCCL) that allows                   related to the higher charge size,
                                           manufacturers in the design of                          unlimited access to their standards and               particularly for propane, and
                                           equipment while also ensuring that                      related documents. The cost of                        encouraged EPA to consult with
                                           such equipment will not pose greater                    obtaining this standard is not a                      firefighter organizations, such as the
                                           risk than similar equipment using other                 significant financial burden for                      National Volunteer Fire Council or the
                                           acceptable alternatives. For more                       equipment manufacturers and purchase                  Fire Department Safety Officers of
                                           information about EPA’s risk                            is not required for those selling,                    America.
                                           assessments, see the docket for this                    installing, and servicing the equipment.                 Response: EPA recognizes that
                                           rulemaking (EPA–HQ–OAR–2017–                            Therefore, EPA concludes that the UL                  flammability is an important
                                           0472).                                                  standard being incorporated by                        consideration with regard to the 150-
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                                              EPA is not retaining a separate charge               reference is reasonably available.                    gram charge size. As discussed above in
                                           size limit as a use condition because it                                                                      section III.2.a, EPA evaluated
                                           would be redundant of the updated UL                    D. Equipment Manufactured Prior to                    flammability and toxicity risks for
                                           standard. Therefore, we are replacing                   Effective Date of This Rule                           isobutane, propane, and R-441A at the
                                           the use condition in ‘‘3’’ with the 2017                  The use conditions in this action                   maximum charge size as provided in the
                                           UL Standard 60335–2–24.                                 apply to new household refrigerators                  risk screens included in the docket for


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                                           38974            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations

                                           this rulemaking (Docket ID EPA–HQ–                      and storing, and ‘‘undermine our whole                substantial number of small entities
                                           OAR–2017–0472–0006, –0007, and                          premise of not knowingly venting an                   under the RFA. In making this
                                           –0008). EPA evaluated toxicity risk by                  ODS refrigerant or its alternate.’’ In                determination, the impact of concern is
                                           considering exposure to workers                         contrast, two commenters provided                     any significant adverse economic
                                           (including those servicing or disposing                 supporting information regarding the                  impact on small entities. An agency may
                                           of appliances), consumers, and the                      safe servicing of household appliances                certify that a rule will not have a
                                           general public. EPA evaluated                           with flammable refrigerants and the                   significant economic impact on a
                                           flammability risk by evaluating                         availability of equipment and                         substantial number of small entities if
                                           reasonable worst-case and more typical,                 technologies to safely recover and                    the rule relieves regulatory burden, has
                                           yet conservative, scenarios to model the                reclaim flammable refrigerants.                       no net burden or otherwise has a
                                           effects of the sudden release of each                      Response: These comments are                       positive economic effect on the small
                                           refrigerant from a household refrigerator               outside the scope of this rulemaking.                 entities subject to the rule.
                                           or freezer containing the maximum                       EPA did not propose and is not today                     The use conditions of this rule apply
                                           charge. Our risk screens found that                     finalizing any changes to its previous                to manufacturers of new household
                                           equipment that met the 150-gram charge                  determinations that venting, releasing,               refrigerators and freezers that choose to
                                           limit did not exceed the LFL for each of                or disposing of these refrigerants used in            use flammable refrigerants. Today’s
                                           the three refrigerants in household                     this end-use does not pose a threat to                action allows equipment manufacturers
                                           refrigerators and freezers in a                         the environment under CAA section                     to use flammable refrigerants at a higher
                                           conservatively sized 53 m3 (1,870 ft3)                  608(c)(2). EPA made these                             charge size than previously allowed in
                                           kitchen (see section III.B.1 above for the              determinations under section 608(c)(2)                new household refrigerators and
                                           minimum and average kitchen zone                        in final rules issued in 2014 and 2015                freezers but does not mandate such use;
                                           volumes). The commenters did not                        (79 FR 29682, May 23, 2014; 80 FR                     the change to the use conditions allows
                                           provide any technical support for their                 19454, April 10, 2015) and did not                    more flexibility for manufacturers in the
                                           statements or information                               reopen those determinations in this
                                           demonstrating that use of any of the                                                                          design of equipment and thus reduces
                                                                                                   rulemaking. EPA directs the                           the regulatory burden to the regulated
                                           three refrigerants in household                         commenters to those rules for additional
                                           refrigerators and freezers at a charge of                                                                     community. In some cases, it may
                                                                                                   information. EPA appreciates the                      reduce costs by allowing manufacturers
                                           150 grams (5.3 ounces) would pose                       information provided by commenters
                                           significantly greater risk than other                                                                         to design equipment with a single,
                                                                                                   with regard to the availability of                    larger refrigerant circuit instead of
                                           available alternatives in this end-use.                 recovery and recycling equipment.
                                           We note that the use conditions                                                                               multiple, smaller refrigerant circuits for
                                           required by this final rule include                     V. Statutory and Executive Order                      the same piece of equipment.
                                           specific safety testing requirements in                 Reviews                                               E. Unfunded Mandates Reform Act
                                           the 2017 UL Standard 60335–2–24,                          Additional information about these                  (UMRA)
                                           which are intended, among other things,                 statutes and Executive Orders can be
                                           to ensure that any leaks will result in                 found at https://www.epa.gov/laws-                       This action does not contain any
                                           concentrations well below the LFL, and                  regulations/laws-and-executive-orders.                unfunded mandate as described in
                                           that potential ignition sources will not                                                                      UMRA, 2 U.S.C. 1531–1538, and does
                                           be able to create temperatures high                     A. Executive Order 12866: Regulatory                  not significantly or uniquely affect small
                                           enough to start a fire. The use                         Planning and Review and Executive                     governments. The action imposes no
                                           conditions also provide additional                      Order 13563: Improving Regulation and                 enforceable duty on any state, local or
                                           safety measures and labeling                            Regulatory Review                                     tribal governments or the private sector.
                                           requirements (e.g., visible warning                       This action is not a significant
                                           statement and red coloring on the pipes,                                                                      F. Executive Order 13132: Federalism
                                                                                                   regulatory action and was therefore not
                                           hoses, and devices which contain                        submitted to the Office of Management                   This action does not have federalism
                                           refrigerant) that make equipment                        and Budget (OMB) for review.                          implications. It will not have substantial
                                           owners, consumers, fire marshals, and                                                                         direct effects on the states, on the
                                           emergency first responders aware of the                 B. Executive Order 13771: Reducing
                                                                                                   Regulation and Controlling Regulatory                 relationship between the national
                                           presence of a flammability risk.                                                                              government and the states, or on the
                                           Moreover, EPA is aware of the                           Costs
                                                                                                                                                         distribution of power and
                                           longstanding widespread use on a global                   This action is not an Executive Order               responsibilities among the various
                                           basis of household refrigerators and                    13771 regulatory action because this                  levels of government.
                                           freezers using this charge limit. EPA                   action is not significant under Executive
                                           agrees that greater awareness of the                    Order 12866.                                          G. Executive Order 13175: Consultation
                                           presence, risks, and benefits of                                                                              and Coordination With Indian Tribal
                                                                                                   C. Paperwork Reduction Act (PRA)
                                           flammable refrigerants among fire                                                                             Governments
                                           marshals and first responders would be                    This action does not impose any new
                                           beneficial.                                             information collection burden under the                 This action does not have tribal
                                                                                                   PRA. OMB has previously approved the                  implications as specified in Executive
                                           C. Recovery and Recycling Equipment                     information collection requirements                   Order 13175. It will not have substantial
                                             Comment: One commenter voiced                         contained in the existing regulations                 direct effects on tribal governments, on
                                           concerns that isobutane, propane, and                   and has assigned OMB control number                   the relationship between the Federal
                                           R-441A were exempted from the venting                   2060–0226. This rule contains no new                  government and Indian tribes, or on the
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                                           prohibition because machines for the                    requirements for reporting or                         distribution of power and
                                           recovery of flammable refrigerants are                  recordkeeping.                                        responsibilities between the Federal
                                           not currently available in the United                                                                         government and Indian tribes, as
                                           States. The commenter stated that                       D. Regulatory Flexibility Act                         specified in Executive Order 13175.
                                           hydrocarbon refrigerants are odorless,                     I certify that this action will not have           Thus, Executive Order 13175 does not
                                           require a procedure for proper handling                 a significant economic impact on a                    apply to this action.


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                                                            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations                                          38975

                                           H. Executive Order 13045: Protection of                 Telephone: 1–888–853–3503 in the U.S.                     onlinelibrary.wiley.com/doi/10.1111/
                                           Children From Environmental Health                      or Canada (other countries dial 1–415–                    j.1539-6924.1997.tb00884.x/full.
                                           and Safety Risks                                        352–2178); internet address: http://                  National Kitchen and Bath Association
                                                                                                   www.shopulstandards.com/                                  (NKBA), 2016. Size of Kitchens in New
                                             This action is not subject to Executive                                                                         U.S. Single Family Homes. August 2016.
                                           Order 13045 because it is not                           ProductDetail.aspx?productId=
                                                                                                                                                             Available online at: https://
                                           economically significant as defined in                  UL60335-2-24_2_B_20170428(UL
                                                                                                                                                             nkba.myshopify.com/collections/
                                           Executive Order 12866, and because                      Standards2). The cost of UL 60335–2–                      research/products/size-of-kitchens-in-
                                           EPA does not believe the environmental                  24 is $454 for an electronic copy and                     new-u-s-single-family-homes.
                                           health or safety risks addressed by this                $567 for hardcopy. UL also offers a                   UL 250. Household Refrigerators and
                                           action present a disproportionate risk to               subscription service to the Standards                     Freezers. 10th edition. Supplement SA:
                                           children. This action’s health and risk                 Certification Customer Library (SCCL)                     Requirements for Refrigerators and
                                           assessments are contained in risk                       that allows unlimited access to their                     Freezers Employing a Flammable
                                           screens for the various substitutes.6 7 8               standards and related documents. The                      Refrigerant in the Refrigerating System.
                                           The risk screens are available in the                   cost of obtaining this standard is not a                  August 2000.
                                           docket for this rulemaking.                             significant financial burden for                      UL 60335–2–24. Safety Requirements for
                                                                                                   equipment manufacturers and purchase                      Household and Similar Electrical
                                           I. Executive Order 13211: Actions                       is not required for those selling,                        Appliances, Part 2: Particular
                                           Concerning Regulations That                             installing and servicing the equipment.                   Requirements for Refrigerating
                                           Significantly Affect Energy Supply,                     Therefore, EPA concludes that the UL                      Appliances, Ice-Cream Appliances and
                                           Distribution, or Use                                                                                              Ice-Makers. 2nd edition. April 2017.
                                                                                                   standard being incorporated by
                                             This action is not a ‘‘significant                    reference is reasonably available.                    List of Subjects in 40 CFR Part 82
                                           energy action’’ because it is not likely to             K. Executive Order 12898: Federal
                                           have a significant adverse effect on the                                                                        Environmental protection,
                                                                                                   Actions To Address Environmental                      Administrative practice and procedure,
                                           supply, distribution or use of energy.                  Justice in Minority Populations and                   Air pollution control, Incorporation by
                                           J. National Technology Transfer and                     Low-Income Populations                                reference, Recycling, Reporting and
                                           Advancement Act (NTTAA) and 1 CFR                          The human health or environmental                  recordkeeping requirements,
                                           Part 51                                                 risk addressed by this action will not                Stratospheric ozone layer.
                                              This action involves a technical                     have potential disproportionately high                 Dated: July 30, 2018.
                                           standard. EPA is revising the use                       and adverse human health or                           Andrew R. Wheeler,
                                           conditions for the household                            environmental effects on minority, low-
                                                                                                                                                         Acting Administrator.
                                           refrigerators and freezers end-use by                   income or indigenous populations. This
                                           incorporating by reference UL Standard                  action’s health and environmental risk                  For the reasons set out in the
                                           60335–2–24, ‘‘Safety Requirements for                   assessments are contained in the risk                 preamble, 40 CFR part 82 is amended as
                                           Household and Similar Electrical                        screens for the various substitutes. The              follows:
                                           Appliances, Part 2: Particular                          risk screens are available in the docket
                                           Requirements for Refrigerating                          for this rulemaking.                                  PART 82—PROTECTION OF
                                           Appliances, Ice-Cream Appliances and                                                                          STRATOSPHERIC OZONE
                                                                                                   L. Congressional Review Act (CRA)
                                           Ice-Makers’’ (2nd edition, April 2017),
                                           which establishes requirements for the                    This action is subject to the CRA, and
                                                                                                                                                         ■ 1. The authority citation for part 82
                                           evaluation of household and similar                     EPA will submit a rule report to each
                                                                                                                                                         continues to read as follows:
                                           electrical appliances, and safe use of                  House of the Congress and to the
                                           flammable refrigerants. The 2017 UL                     Comptroller General of the United                       Authority: 42 U.S.C. 7414, 7601, 7671–
                                                                                                   States. This action is not a ‘‘major rule’’           7671q.
                                           Standard 60335–2–24 supersedes the
                                           current edition of Supplement SA the                    as defined by 5 U.S.C. 804(2).
                                                                                                                                                         Subpart G—Significant New
                                           10th edition of UL Standard 250,                        VI. References                                        Alternatives Policy Program
                                           ‘‘Requirements for Refrigerators and
                                           Freezers Employing a Flammable                            Unless specified otherwise, all
                                           Refrigerant in the Refrigerating System’’               documents are available electronically                ■ 2. Amend Appendix R to subpart G of
                                           (August 2000). EPA’s revision to the use                through the Federal Docket Management                 part 82 by:
                                           conditions will replace Supplement SA                   System, Docket #EPA–HQ–OAR–2017–                      ■   a. Revising the appendix heading.
                                           to the 10th edition of UL Standard 250                  0472.
                                                                                                                                                         ■ b. Removing the two entries for
                                           with the 2017 UL standard 60335–2–24.                   ASHRAE, 2016. ANSI/ASHRAE Standard                    ‘‘Household refrigerators, freezers, and
                                           This standard is available at https://                      34–2016: Designation and Safety                   combination refrigerators and freezers
                                           standardscatalog.ul.com/standards/en/                       Classification of Refrigerants.
                                                                                                                                                         (New equipment only)’’ and adding a
                                           standard_60335-2-24_2, and may be                       ICF, 2018a. Risk Screen on Substitutes in
                                                                                                       Household Refrigerators and Freezers;             new entry in their place; and
                                           purchased by mail at: COMM 2000, 151
                                           Eastern Avenue, Bensenville, IL 60106;                      Substitute: Propane (R-290).                      ■   c. Revising the NOTE to Appendix R.
                                                                                                   ICF, 2018b. Risk Screen on Substitutes in
                                           Email: orders@shopulstandards.com;                          Household Refrigerators and Freezers;               The revisions and additions to read as
                                                                                                       Substitute: Isobutane (R-600a).                   follows:
                                             6 ICF, 2018a. Risk Screen on Substitutes in
                                                                                                   ICF, 2018c. Risk Screen on Substitutes in             Appendix R to Subpart G of Part 82—
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                                           Household Refrigerators and Freezers; Substitute:
                                                                                                       Household Refrigerators and Freezers;
                                           Propane (R-290).                                                                                              Substitutes Subject to Use Restrictions
                                             7 ICF, 2018b. Risk Screen on Substitutes in               Substitute: R-441A.
                                                                                                   Murray, D.M., 1997. Residential house and             Listed in the December 20, 2011, Final
                                           Household Refrigerators and Freezers; Substitute:
                                                                                                       zone volumes in the United States:                Rule, Effective February 21, 2012, in the
                                           Isobutane (R-600a).
                                             8 ICF, 2018c. Risk Screen on Substitutes in               Empirical and Estimated Parametric                April 10, 2015 Final Rule, Effective
                                           Household Refrigerators and Freezers; Substitute:           Distributions. Risk Anal 17: 439–446.             May 11, 2015, and in the August 8, 2018
                                           R-441A.                                                     Available online at: http://                      Final Rule, Effective September 7, 2018


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                                           38976            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations

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

                                           Household re-    Isobutane (R-      Acceptable      As of September 7, 2018: ................................................   Applicable OSHA requirements at 29 CFR part 1910
                                             frigerators,     600a).             subject to    These refrigerants may be used only in new equipment                          must be followed, including those at 29 CFR 1910.106
                                             freezers,      Propane (R-          use condi-      designed specifically and clearly identified for the re-                    (flammable and combustible liquids), 1910.110 (stor-
                                             and com-         290).              tions.          frigerant (i.e., none of these substitutes may be used                      age and handling of liquefied petroleum gases),
                                             bination re-   R-441A .........                     as a conversion or ‘‘retrofit’’ refrigerant for existing                    1910.157 (portable fire extinguishers), and 1910.1000
                                             frigerators                                         equipment designed for a different refrigerant).                            (toxic and hazardous substances).
                                             and freezers                                      These refrigerants may be used only in a refrigerator or                    Proper ventilation should be maintained at all times dur-
                                             (New equip-                                         freezer, or combination refrigerator and freezer, that                      ing the manufacture and storage of equipment con-
                                             ment only).                                         meets all requirements listed in the 2nd edition of the                     taining hydrocarbon refrigerants through adherence to
                                                                                                 Underwriters Laboratories (UL) Standard for Safety:                         good manufacturing practices as per 29 CFR
                                                                                                 Household and Similar Electrical Appliances—Safe-                           1910.106. If refrigerant levels in the air surrounding
                                                                                                 ty—Part 2–24: Particular Requirements for Refrig-                           the equipment rise above one-fourth of the lower flam-
                                                                                                 erating Appliances, Ice-Cream Appliances and Ice-                           mability limit, the space should be evacuated and re-
                                                                                                 Makers, UL 60335–2–24, dated April 28, 2017.                                entry should occur only after the space has been
                                                                                                                                                                             properly ventilated.
                                                                                                                                                                           Technicians and equipment manufacturers should wear
                                                                                                                                                                             appropriate personal protective equipment, including
                                                                                                                                                                             chemical goggles and protective gloves, when han-
                                                                                                                                                                             dling 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 refrig-
                                                                                                                                                                             erants.
                                                                                                                                                                           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 flam-
                                                                                                                                                                             mable 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 safe-
                                                                                                                                                                             ly.

                                                              *                      *                       *                          *                          *                      *                    *
                                              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                    www.archives.gov/federal-register/cfr/ibr-                              DATES:  This regulation is effective
                                           approves the incorporation by reference of                 locations.html.                                                         August 8, 2018. Objections and requests
                                           the material under ‘‘Use Conditions’’ in the               *          *       *        *         *                                 for hearings must be received on or
                                           table ‘‘SUBSTITUTES THAT ARE                               [FR Doc. 2018–16773 Filed 8–7–18; 8:45 am]                              before October 9, 2018, and must be
                                           ACCEPTABLE SUBJECT TO USE                                  BILLING CODE 6560–50–P                                                  filed in accordance with the instructions
                                           CONDITIONS’’ (5 U.S.C. 552(a) and 1 CFR                                                                                            provided in 40 CFR part 178 (see also
                                           part 51). Copies of UL Standards 471, 484,                                                                                         Unit I.C. of the SUPPLEMENTARY
                                           541, and 60335–2–24, may be purchased by                   ENVIRONMENTAL PROTECTION                                                INFORMATION).
                                           mail at: COMM 2000, 151 Eastern Avenue,                    AGENCY                                                                  ADDRESSES: The docket for this action,
                                           Bensenville, IL 60106; Email: orders@
                                           shopulstandards.com; Telephone: 1–888–                     40 CFR Part 180                                                         identified by docket identification (ID)
                                           853–3503 in the U.S. or Canada (other                                                                                              number EPA–HQ–OPP–2017–0352, is
                                                                                                      [EPA–HQ–OPP–2017–0352; FRL–9978–83]                                     available at http://www.regulations.gov
                                           countries dial 1–415–352–2178); internet
                                           address: http://www.shopulstandards.com/                                                                                           or at the Office of Pesticide Programs
                                                                                                      Spinetoram; Pesticide Tolerances                                        Regulatory Public Docket (OPP Docket)
                                           Catalog.aspx.
                                              You may inspect a copy at U.S. EPA’s Air                AGENCY:  Environmental Protection                                       in the Environmental Protection Agency
                                           Docket; EPA West Building, Room 3334;                      Agency (EPA).                                                           Docket Center (EPA/DC), West William
                                           1301 Constitution Ave. NW, Washington, DC                  ACTION: Final rule.                                                     Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                                                                                              Constitution Ave. NW, Washington, DC
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                                           or at the National Archives and Records
                                           Administration (NARA). For questions                       SUMMARY:   This regulation establishes                                  20460–0001. The Public Reading Room
                                           regarding access to these standards, the                   tolerances for residues of spinetoram in                                is open from 8:30 a.m. to 4:30 p.m.,
                                           telephone number of EPA’S Air Docket is                    or on tea, dried and tea, instant. Dow                                  Monday through Friday, excluding legal
                                           202–566–1742. For information on the                       AgroSciences, LLC., requested these                                     holidays. The telephone number for the
                                           availability of this material at NARA, call                tolerances under the Federal Food,                                      Public Reading Room is (202) 566–1744,
                                           202–741–6030, or go to: https://                           Drug, and Cosmetic Act (FFDCA).                                         and the telephone number for the OPP


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Document Created: 2018-08-08 02:06:00
Document Modified: 2018-08-08 02:06:00
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
ActionFinal rule.
DatesThis rule is effective on September 7, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of September 7, 2018.
ContactChenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation83 FR 38969 
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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