40 CFR Part 82 — Protection of Stratospheric Ozone

PART 82—PROTECTION OF STRATOSPHERIC OZONE Authority: 42 U.S.C. 7414, 7601, 7671-7671q. Source: 57 FR 33787, July 30, 1992, unless otherwise noted. Subpart A—Production and Consumption Controls Source: 60 FR 24986, May 10, 1995, unless otherwise noted. § 82.1 Purpose and scope. (a) The purpose of the regulations in this subpart is to implement the Montreal Protocol on Substances that Deplete the Ozone Layer and sections 602, 603, 604, 605, 606, 607, 614 and 616 of the Clean Air Act Amendments of 1990, Public Law 101-549. The Protocol and section 604 impose limits on the production and consumption (defined as production plus imports minus exports, excluding transhipments and used controlled substances) of certain ozone-depleting substances, according to specified schedules. The Protocol also requires each nation that becomes a Party to the agreement to impose certain restrictions on trade in ozone-depleting substances with non-Parties. (b) This subpart applies to any person that produces, transforms, destroys, imports or exports a controlled substance or imports or exports a controlled product. [63 FR 41642, Aug. 4, 1998] § 82.2 [Reserved] § 82.3 Definitions for class I and class II controlled substances. As used in this subpart, the term: Administrator Aircraft halon bottle Appliance Applicator Approved critical use(s) Approved critical user(s) means a person who: (1) For the applicable control period, applied to EPA for a critical use exemption or is a member of a consortium that applied to EPA for a critical use exemption for a use and location of use that was included in the U.S. nomination, authorized by a Decision of the Parties to the Montreal Protocol, and then finally determined by EPA in a notice-and-comment rulemaking to be an approved critical use; and (2) Has an area in the applicable location of use that requires methyl bromide fumigation because the person reasonably expects that the area will be subject to a limiting critical condition during the applicable control period. Article 5 allowances Baseline consumption allowances Baseline production allowances Batch emission episode Batch process or batch operation Beijing Amendments Byproduct Calculated level Central Data Exchange Class I Class II Commodity Owner, Shipper or their Agent Completely destroy Confer Consortium e.g. e.g. Consumption Consumption allowances Continuous process or operation Control period Controlled product Controlled products belong to one or more of the following six categories of products: (1) Automobile and truck air conditioning units (whether incorporated in vehicles or not); (2) Domestic and commercial refrigeration and air-conditioning/heat pump equipment (whether containing controlled substances as a refrigerant and/or in insulating material of the product), e.g. Refrigerators, Freezers, Dehumidifiers, Water coolers, Ice machines, Air-conditioning and heat pump units; (3) Aerosol products, except medical aerosols; (4) Portable fire extinguishers; (5) Insulation boards, panels and pipe covers; (6) Pre-polymers. Controlled substance Copenhagen Amendments Critical use (1) There are no technically and economically feasible alternatives or substitutes for methyl bromide available that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances involved, and (2) The lack of availability of methyl bromide for a particular use would result in significant market disruption. Critical use allowance (CUA) Critical use allowance for pre-plant uses Critical use allowance for post-harvest uses Critical use allowance (CUA) holder Critical use methyl bromide Destruction (1) Liquid injection incineration; (2) Reactor cracking; (3) Gaseous/fume oxidation; (4) Rotary kiln incineration; (5) Cement kiln; (6) Radio frequency plasma; (7) Municipal waste incinerators (only for the destruction of foams); (8) Nitrogen plasma arc; (9) Portable plasma arc; (10) Argon plasma arc; (11) Chemical reaction with hydrogen and carbon dioxide; (12) Inductively coupled radio frequency plasma; (13) Microwave plasma; (14) Porous thermal reactor; (15) Gas phase catalytic de-halogenation; (16) Superheated steam reactor; or (17) Thermal reaction with methane. Difficult-to-monitor Distributor of methyl bromide Dual mechanical seal pump and dual mechanical seal agitator (1) Each dual mechanical seal system is operated with the barrier fluid at a pressure that is at all times (except periods of startup, shutdown, or malfunction) greater than the pump or agitator stuffing box pressure; or (2) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device; or (3) Equipped with a closed-loop system that purges the barrier fluid into a process stream. Equipment Essential Metered Dose Inhaler (Essential MDI) Essential-Use Allowances Essential-Use Chlorofluorocarbons (Essential-use CFCs) Essential-Uses Export Export production allowances Exporter Facility Foreign state 1 1 Foreign state complying with, Foreign state not Party to Non-Party Halon bank Heel Hydrostatic testing Import (1) Off-loading used or excess controlled substances or controlled products from a ship during servicing, (2) Bringing controlled substances into the U.S. from Mexico where the controlled substance had been admitted into Mexico in bond and was of U.S. origin, and (3) Bringing a controlled product into the U.S. when transported in a consignment of personal or household effects or in a similar non-commercial situation normally exempted from U.S. Customs attention. Importer (1) The consignee; (2) The importer of record; (3) The actual owner; or (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred. In controlled substance service In gas and vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the compounds is greater than 0.3 kilopascals at 20 °C; (2) The total concentration of the pure compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream; and (3) The fluid is a liquid at operating conditions. Note 1 to definition of “in light liquid service”: Vapor pressures may be determined by standard reference texts or ASTM D-2879. In vacuum service Individual shipment Interstate commerce Isolated intermediate Limiting critical condition Location of use London Amendments Manufactured, Montreal Anniversary amendments Montreal Protocol 1987 Montreal Protocol No external shaft pump and no external shaft agitator Non-Objection notice Operating scenario (1) A description of the process, the specific process equipment used, and the range of operating conditions for the process. (2) An identification of related process vents, their associated emissions episodes and durations, and calculations and engineering analyses to show the annual uncontrolled emissions of controlled substances from the process vent. (3) The control or destruction units used, as applicable, including a description of operating and/or testing conditions for any associated destruction unit. (4) The process vents (including those from other processes) that are simultaneously routed to the control or destruction unit(s). (5) The applicable monitoring requirements and any parametric level that assures destruction or removal for all emissions routed to the control or destruction unit. Party http://ozone.unep.org/new_site/en/treaty_ratification_status.php. Person Plant e.g., Preshipment applications, Process i.e., Process agent e.g., Process condenser i.e., Process vent Production (1) The manufacture of a controlled substance that is subsequently transformed; (2) The reuse or recycling of a controlled substance; (3) Amounts that are destroyed by approved destruction technologies; or (4) Amounts that are spilled or vented unintentionally. Production allowances Quarantine applications, Source facility Space vehicle Third party applicator Transform Transhipment Typical batch Uncontrolled emissions of controlled substance Unexpended Article 5 allowances Unexpended consumption allowances Unexpended critical use allowances (CUA) Unexpended destruction and transformation credits Unexpended essential-use allowances Unexpended export production allowances Unexpended production allowances Unsafe-to-monitor Use of a class II controlled substance, Used controlled substances [60 FR 24986, May 10, 1995] Editorial Note: For Federal Register www.govinfo.gov. § 82.4 Prohibitions for class I controlled substances. (a)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, no person may produce, at any time in any control period, (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of unexpended production allowances or unexpended Article 5 allowances for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 1, 2003, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (a)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart. (b)(1) Effective January 1, 1996, for any Class I, Group I, Group II, Group III, Group IV, Group V or Group VII controlled substances, and effective January 1, 2005 for any Class I, Group VI controlled substances, and effective August 18, 2003, for any Class I, Group VIII controlled substance, no person may produce, at any time in any control period (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of conferred unexpended essential use allowances or exemptions, or in excess of the amount of unexpended critical use allowances, or in excess of the amount of unexpended Article 5 allowances as allocated under § 82.9 and 82.11, as may be modified under § 82.12 (transfer of allowances) for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 1, 2005, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (b)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart, or it is solely for export to satisfy critical uses authorized by the Parties for that control period. (c)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, no person may produce or (except for transhipments, heels or used controlled substances) import, at any time in any control period, (except for controlled substances that are transformed or destroyed) in excess of the amount of unexpended consumption allowances held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production or importation (other than transhipments, heels or used controlled substances) constitutes a separate violation of this subpart. (2) Effective January 1, 2003, production and import of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (c)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart. (d) Effective January 1, 1996, for any class I, Group I, Group II, Group III, Group IV, Group V, or Group VII controlled substances, and effective January 1, 2005, for any class I, Group VI controlled substance, and effective August 18, 2003, for any class I, Group VIII controlled substance, no person may import (except for transhipments or heels), at any time in any control period, (except for controlled substances that are transformed or destroyed) in excess of the amount of unexpended essential use allowances or exemptions, or in excess of unexpended critical use allowances, for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess importation (other than transhipments or heels) constitutes a separate violation of this subpart. It is a violation of this subpart to obtain unused class I controlled substances under the general laboratory exemption in excess of actual need and to recycle that material for sale into other markets. (e) Effective January 1, 1996, no person may place an order by conferring essential-use allowances for the production of the class I controlled substance, at any time in any control period, in excess of the amount of unexpended essential-use allowances, held by that person under the authority of this subpart at that time for that control period. Effective January 1, 1996, no person may import a class I controlled substance with essential-use allowances, at any time in any control period, in excess of the amount of unexpended essential-use allowances, held by that person under the authority of this subpart at that time for that control period. No person may import or place an order for the production of a class I controlled substance with essential-use allowances, at any time in any control period, other than for the class I controlled substance(s) for which they received essential-use allowances under paragraph (u) of this section. Every kilogram of excess production ordered in excess of the unexpended essential-use allowances conferred to the producer constitutes a separate violation of this subpart. Every kilogram of excess import in excess of the unexpended essential-use allowances held at that time constitutes a separate violation of this subpart. (f) [Reserved] (g) Effective January 1, 1996, the U.S. total production and importation of a class I controlled substance (except Group VI) as allocated under this section for essential-use allowances and exemptions, and as obtained under § 82.9 for destruction and transformation credits, may not, at any time, in any control period until January 1, 2000, exceed the percent limitation of baseline production in appendix H of this subpart, as set forth in the Clean Air Act Amendments of 1990. No person shall cause or contribute to the U.S. exceedance of the national limit for that control period. (h) No person may sell in the U.S. any Class I controlled substance produced explicitly for export to an Article 5 country. (i) Effective January 1, 1995, no person may import, at any time in any control period, a heel of any class I controlled substance that is greater than 10 percent of the volume of the container in excess of the amount of unexpended consumption allowances, or unexpended destruction and transformation credits held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess importation constitutes a separate violation of this subpart. (j)(1) Effective January 1, 1995, no person may import, at any time in any control period, a used class I controlled substance, except for Group II used controlled substances shipped in aircraft halon bottles for hydrostatic testing, without having received a non-objection notice from the Administrator in accordance with § 82.13(g)(2) and (3). A person who receives a non-objection notice for the import of an individual shipment of used controlled substances may not transfer or confer the right to import and may not import any more than the exact quantity, in kilograms, of the used controlled substance cited in the non-objection notice. Every kilogram of importation of used controlled substance in excess of the quantity cited in the non-objection notice issued by the Administrator in accordance with § 82.13(g)(2) and (3) constitutes a separate violation. (2) No person may import for purposes of destruction, at any time in any control period, a class I controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a certification of intent to import for destruction to the Administrator and received a non-objection notice in accordance with § 82.13(g)(5). A person issued a non-objection notice for the import of an individual shipment of class I controlled substances for destruction may not transfer or confer the right to import and may not import any more than the exact quantity (in kilograms) of the class I controlled substance stated in the non-objection notice. For imports intended to be destroyed in the United States, a person issued a non-objection notice must destroy the controlled substance within one year of the date stamped on the non-objection letter, may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the class I controlled substance stated in the non-objection notice. Every kilogram of import of class I controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with § 82.13(g)(5) constitutes a separate violation of this subpart. (k)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, a person may not use production allowances to produce a quantity of a class I controlled substance unless that person holds under the authority of this subpart at the same time consumption allowances sufficient to cover that quantity of class I controlled substances nor may a person use consumption allowances to produce a quantity of class I controlled substances unless the person holds under authority of this subpart at the same time production allowances sufficient to cover that quantity of class I controlled substances. However, prior to January 1, 1996, for all class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, only consumption allowances are required to import, with the exception of transhipments, heels, and used controlled substances. Effective January 1, 1996, for all Groups of class I controlled substances, except Group VI, only essential use allowances or exemptions are required to import class I controlled substances, with the exception of transhipments, heels, used controlled substances, and essential use CFCs. (2) Notwithstanding paragraph (k)(1) of this section, effective January 1, 2003, for class I, Group VI controlled substances, consumption allowances are not required to import quantities solely for quarantine or preshipment applications as defined in this subpart. (l) Every kilogram of a controlled substance, and every controlled product, imported or exported in contravention of this subpart constitutes a separate violation of this subpart. No person may: (1) Import or export any quantity of a controlled substance listed in class I, Group I or Group II, in appendix A to this subpart from or to any foreign state not Party to the 1987 Montreal Protocol unless that foreign state is complying with the 1987 Montreal Protocol (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php (2) Import or export any quantity of a controlled substance listed in class I, Group III, Group IV, or Group V, in appendix A to this subpart, from or to any foreign state not Party to the London Amendment, unless that foreign state is complying with the London Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php (3) Import a controlled product, as noted in appendix D, annex 1 to this subpart, from any foreign state not Party to the 1987 Montreal Protocol, unless that foreign state is complying with the 1987 Montreal Protocol (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php (4) Import or export any quantity of a controlled substance listed in class I, Group VII, in appendix A to this subpart, from or to any foreign state not Party to the Copenhagen Amendment, unless that foreign state is complying with the Copenhagen Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php (5) Import or export any quantity of a controlled substance listed in class I, Group VI, in appendix A to this subpart, from or to any foreign state not Party to the Copenhagen Amendment unless that foreign state is complying with the Copenhagen Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php (6) Import or export any quantity of a controlled substance listed in class I, Group VIII, in appendix A to this subpart, from or to any foreign state not Party to the Beijing Amendment, unless that foreign state is complying with the Beijing Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php (m) Effective October 5, 1998, no person may export a controlled product to a Party listed in appendix J of this subpart in any control period after the control period in which EPA publishes a notice in the Federal Register Federal Register (n) No person may use class I controlled substances produced or imported under the essential use exemption for any purpose other than those set forth in this paragraph. Effective January 1, 1996, essential-use allowances are apportioned to a person under § 82.8(a) and (b) for the exempted production or importation of specified class I controlled substances solely for the purposes listed in paragraphs (n)(1)(i) through (iii) of this section. (1) Essential-uses for the production or importation of controlled substances as agreed to by the Parties to the Protocol and subject to the periodic revision of the Parties are: (i) Metered dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary disease that were approved by the Food and Drug Administration before December 31, 2000. (ii) Space Shuttle—solvents. (iii) Essential laboratory and analytical uses (defined in appendix G of this subpart). (2) Any person acquiring unused class I controlled substances produced or imported under the authority of essential-use allowances or the essential-use exemption granted in § 82.8 to this subpart for use in anything other than an essential-use ( i.e. (o) [Reserved] (p) Critical Use Exemption: With respect to class I, Group VI substances (methyl bromide): (1) No person shall sell critical use methyl bromide without first receiving a certification from the purchaser that the quantity purchased will be sold or used solely for an approved critical use. Every kilogram of critical use methyl bromide sold without first obtaining such certification constitutes a separate violation of this subpart. (2) For approved critical users, each action associated with each 200 kilograms of critical use methyl bromide for the following subparagraphs constitutes a separate violation of this subpart. (i) No person shall take possession of quantities of critical use methyl bromide or acquire fumigation services using quantities of critical use methyl bromide without first completing the appropriate certification in accordance with the requirements in § 82.13. (ii) No person who purchases critical use methyl bromide may use such quantities for a use other than the specified critical use listed in column A and the specified location of use in column B of appendix L to this subpart. (iii) No person who purchases critical use methyl bromide produced or imported with expended critical use allowances for pre-plant uses, may use such quantities for other than the pre-plant uses as specified in column A and column B of appendix L to this subpart. (iv) No person who purchases critical use methyl bromide produced or imported with expended critical use allowances for post-harvest uses, may use such quantities for other than the post-harvest uses as specified in column A and column B of appendix L to this subpart. (v) No person who uses critical use methyl bromide on a specific field or structure may concurrently or subsequently use non-critical use methyl bromide on the same field or structure for the same use (as defined in column A and column B of appendix L) in the same control period, excepting methyl bromide used under the quarantine and pre-shipment exemption. (vi) No person who purchases critical use methyl bromide during the control period shall use that methyl bromide on a field or structure for which that person has used non-critical use methyl bromide for the same use (as defined in columns A and B of appendix L) in the same control period, excepting methyl bromide used under the quarantine and pre-shipment exemption, unless, subsequent to that person's use of the non-critical use methyl bromide, that person becomes subject to a prohibition on the use of methyl bromide alternatives due to the reaching of a local township limit described in appendix L of this part, or becomes an approved critical user as a result of rulemaking. (q) Emergency use exemption. [Reserved] (r) No person may sell or use methyl bromide produced or imported under the quarantine and preshipment exemption for any purpose other than for quarantine applications or preshipment applications as defined in § 82.3. Each kilogram of methyl bromide produced or imported under the authority of the quarantine and preshipment exemption and sold or used for a use other than quarantine or preshipment is a separate violation of this subpart. (s) No person may sell or distribute, or offer for sale or distribution, any class I substance that they know, or have reason to know, was imported in violation of this section, except for such actions needed to re-export the controlled substance. Every kilogram of a controlled substance imported in contravention of this paragraph (s) that is sold or distributed, or offered for sale or distribution, constitutes a separate violation of this subpart. [60 FR 24986, May 10, 1995] Editorial Note: For Federal Register www.govinfo.gov. § 82.5 Apportionment of baseline production allowances for class I controlled substances. Persons who produced controlled substances in Group I or Group II in 1986 are apportioned baseline production allowances as set forth in paragraphs (a) and (b) of this section. Persons who produced controlled substances in Group III, IV, or V in 1989 are apportioned baseline production allowances as set forth in paragraphs (c), (d), and (e) of this section. Persons who produced controlled substances in Group VI and VII in 1991 are apportioned baseline allowances as set forth in paragraphs (f) and (g) of this section. Controlled substance Person Allowances (a) For Group I controlled substances: CFC-11 Allied-Signal, Inc 23,082,358 E.I. DuPont de Nemours & Co 33,830,000 Elf Atochem, N.A 21,821,500 CFC-12 Laroche Chemicals 12,856,364 Allied-Signal, Inc 35,699,776 E.I. DuPont de Nemours & Co 64,849,000 Elf Atochem, N.A 31,089,807 CFC-113 Laroche Chemicals 15,330,909 Allied-Signal, Inc 21,788,896 CFC-114 E.I. DuPont de Nemours & Co 58,553,000 Allied-Signal, Inc 1,488,569 CFC-115 E.I. DuPont de Nemours & Co 4,194,000 E.I. DuPont de Nemours & Co 4,176,000 (b) For Group II controlled substances: Halon-1211 Great Lakes Chemical Corp 826,487 ICI Americas, Inc 2,135,484 Halon-1301 E.I. DuPont de Nemours & Co 3,220,000 Great Lakes Chemical Corp 1,766,850 Halon-2402 (c) For Group III controlled substances: CFC-13 Allied-Signal, Inc 127,125 E.I. DuPont de Nemours & Co 187,831 Elf Atochem, N.A 3,992 Great Lakes Chemical Corp 56,381 Laroche Chemicals 29,025 CFC-111 CFC-112 CFC-211 E.I. DuPont de Nemours & Co 11 CFC-212 E.I. DuPont de Nemours & Co 11 CFC-213 E.I. DuPont de Nemours & Co 11 CFC-214 E.I. DuPont de Nemours & Co 11 CFC-215 E.I. DuPont de Nemours & Co 511 Halocarbon Products Corp 1,270 CFC-216 E.I. DuPont de Nemours & Co 170,574 CFC-217 E.I. DuPont de Nemours & Co 511 (d) For Group IV controlled substances: CCl 4 Akzo Chemicals, Inc 7,873,615 Degussa Corporation 26,546 Dow Chemical Company, USA 18,987,747 E.I. DuPont de Nemours & Co 9,099 Hanlin Chemicals-WV, Inc 219,616 ICI Americas, Inc 853,714 Occidental Chemical Corp 1,059,358 Vulcan Chemicals 21,931,987 (e) For Group V controlled substances: Methyl Chloroform Dow Chemical Company, USA 168,030,117 E.I. DuPont de Nemours & Co 2 PPG Industries, Inc 57,450,719 Vulcan Chemicals 89,689,064 (f) For Group VI controlled substances: Methyl Bromide Great Lakes Chemical Corporation 19,945,788 Ethyl Corporation 8,233,894 (g) For Group VII controlled substances: HBFC 22B1-1 Great Lakes Chemical Corporation 46,211 [60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003] § 82.6 Apportionment of baseline consumption allowances for class I controlled substances. Persons who produced, imported, or produced and imported controlled substances in Group I or Group II in 1986 are apportioned chemical-specific baseline consumption allowances as set forth in paragraphs (a) and (b) of this section. Persons who produced, imported, or produced and imported controlled substances in Group III, Group IV, or Group V in 1989 are apportioned chemical-specific baseline consumption allowances as set forth in paragraphs (c), (d) and (e) of this section. Persons who produced, imported, or produced and imported controlled substances in Group VI or VII in 1991 are apportioned chemical specific baseline consumption allowances as set forth in paragraphs (f) and (g) of this section. Controlled substance Person Allowances (kg) (a) For Group I controlled substances: CFC-11 Allied-Signal, Inc 22,683,833 E.I. DuPont de Nemours & Co 32,054,283 Elf Atochem, N.A 21,740,194 Hoechst Celanese Corporation 185,396 ICI Americas, Inc 1,673,436 Kali-Chemie Corporation 82,500 Laroche Chemicals 12,695,726 National Refrigerants, Inc 693,707 Refricentro, Inc 160,697 Sumitomo Corporation of America 5,800 CFC-12 Allied-Signal, Inc 35,236,397 E.I. DuPont de Nemours & Co 61,098,726 Elf Atochem, N.A 32,403,869 Hoechst Celanese Corporation 138,865 ICI Americas, Inc 1,264,980 Kali-Chemie Corporation 355,440 Laroche Chemicals 15,281,553 National Refrigerants, Inc 2,375,384 Refricentro, Inc 242,526 CFC-113 Allied-Signal, Inc 18,241,928 E.I. DuPont de Nemours & Co 49,602,858 Elf Atochem, N.A 244,908 Holchem 265,199 ICI Americas, Inc 2,399,700 Refricentro, Inc 37,385 Sumitomo Corp. of America 280,163 CFC-114 Allied-Signal, Inc 1,429,582 E.I. DuPont de Nemours & Co 3,686,103 Elf Atochem, N.A 22,880 ICI Americas, Inc 32,930 CFC-115 E.I. DuPont de Nemours & Co 2,764,109 Elf Atochem, N.A 633,007 Hoechst Celanese Corporation 8,893 ICI Americas, Inc 2,366,351 Laroche Chemicals 135,520 Refricentro, Inc 27,337 (b) For Group II controlled substances: Halon-1211 Elf Atochem, N.A 411,292 Great Lakes Chemical Corp 772,775 ICI Americas, Inc 2,116,641 Kali-Chemie Corporation 330,000 Halon-1301 E.I. DuPont de Nemours & Co 2,772,917 Elf Atochem, N.A 89,255 Great Lakes Chemical Corp 1,744,132 Kali-Chemie Corporation 54,380 Halon-2402 Ausimont 34,400 Great Lakes Chemical Corp 15,900 (c) For Group III controlled substances: CFC-13 Allied-Signal, Inc 127,124 E.I. DuPont de Nemours & Co 158,508 Elf Atochem, N.A 3,992 Great Lakes Chemical Corp 56,239 ICI Americas, Inc 5,855 Laroche Chemicals 29,025 National Refrigerants, Inc 16,665 CFC-111 CFC-112 Sumitomo Corp of America 5,912 TG (USA) Corporation 9,253 CFC-211 E.I. DuPont de Nemours & Co 11 CFC-212 E.I. DuPont de Nemours & Co 11 CFC-213 E.I. DuPont de Nemours & Co 11 CFC-214 E.I. DuPont de Nemours & Co 11 CFC-215 E.I. DuPont de Nemours & Co 511 Halocarbon Products Corp 1,270 CFC-216 E.I. DuPont de Nemours & Co 170,574 CFC-217 E.I. DuPont de Nemours & Co 511 (d) For Group IV controlled substances: CCl 4 Crescent Chemical Co 56 Degussa Corporation 12,466 Dow Chemical Company, USA 8,170,561 E.I. DuPont de Nemours & Co 26,537 Elf Atochem, N.A 41 Hanlin Chemicals-WV, Inc 103,133 Hoechst Celanese Corporation 3 ICC Chemical Corp 1,173,723 ICI Americas, Inc 855,466 Occidental Chemical Corp 497,478 Sumitomo Corporation of America 9 (e) For Group V controlled substances: Methyl Chloroform 3V Chemical Corp 3,528 Actex, Inc 50,171 Atochem North America 74,355 Dow Chemical Company, USA 125,200,200 E.I. DuPont de Nemours & Co 2 IBM 2,026 ICI Americas, Inc 14,179,850 Laidlaw 420,207 PPG Industries 45,254,115 Sumitomo 1,954 TG (USA) Corporation 7,073 Unitor Ships Service, Inc 14,746 Vulcan Chemicals 70,765,072 (f) For Group VI controlled substances: Methyl Bromide Great Lakes Chemical Corporation 15,514,746 Ethyl Corporation 6,379,906 AmeriBrom, Inc 3,524,393 TriCal, Inc 109,225 (g) For Group VII controlled substances: HBFC 22B1-1 Great Lakes Chemical Corporation 40,110 [60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003] § 82.7 Grant and phase reduction of baseline production and consumption allowances for class I controlled substances. For each control period specified in the following table, each person is granted the specified percentage of the baseline production and consumption allowances apportioned to him under §§ 82.5 and 82.6 of this subpart. Control period Class I substances in groups I and III, Class I substances in group II, Class I substances in group IV Class I substances in group V Class I substances in group VI Class I substances in group VII 1994 25 0 50 50 100 100 1995 25 0 15 30 100 100 1996 0 0 0 0 100 0 1997 0 0 0 0 100 0 1998 0 0 0 0 100 0 1999 0 0 0 0 75 0 2000 0 0 0 0 75 0 2001 50 2002 50 2003 30 2004 30 2005 0 [65 FR 70803, Nov. 28, 2000] § 82.8 Grant of essential use allowances and critical use allowances. (a) Effective January 1, 1996, persons in the following list are allocated essential-use allowances or exemptions for quantities of a specific class I controlled substance for a specific essential-use (the Administrator reserves the right to revise the allocations based on future decisions of the Parties). Table I—Essential Use Allowances for Calendar Year 2010 (i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease Company Chemical 2010 Quantity Armstrong CFC-11 or CFC-12 or CFC-114. 30.0 (b) There is a global exemption for the production and import of class I controlled substances for essential laboratory and analytical uses, subject to the restrictions in appendix G of this subpart, and subject to the recordkeeping and reporting requirements at § 82.13(u) through (x). There is no amount specified for this exemption. (c) Effective January 1, 2005, critical use allowances are apportioned as set forth in paragraph (c)(1) of this section for the exempted production and import of class I, Group VI controlled substances specifically for those approved critical uses listed in appendix L to this subpart for the applicable control period. Every kilogram of production and import in excess of the total number and type of unexpended critical use allowances held for a particular type of use constitutes a separate violation of this subpart. (1) Allocated critical use allowances granted for specified control period. Company 2016 Critical use allowances for pre-plant uses * 2016 Critical use allowances for post-harvest uses * Great Lakes Chemical Corp. A Chemtura Company 84,222 1,179 Albemarle Corp. 34,634 485 ICL-IP America 19,140 268 TriCal, Inc. 596 8 Total 138,592 1,939 * For production or import of Class I, Group VI controlled substance exclusively for the pre-plant or post-harvest uses specified in appendix L to this subpart. (2) [Reserved] [69 FR 77003, Dec. 23, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 82.9 Availability of production allowances in addition to baseline production allowances for class I controlled substances. (a)—(b) [Reserved] (c) A company may increase or decrease its production allowances, including its Article 5 allowances, by trading with another Party to the Protocol according to the provision under this paragraph (c). A company may increase or decrease its essential-use allowances for CFCs for use in essential MDIs according to the provisions under this paragraph (c). A nation listed in appendix C to this subpart (Parties to the Montreal Protocol) must agree either to transfer to the person for the current control period some amount of production or import that the nation is permitted under the Montreal Protocol or to receive from the person for the current control period some amount of production or import that the person is permitted under this subpart. If the controlled substance is produced under the authority of production allowances and is to be sold in the United States or to another Party (not the Party from whom the allowances are received), the U.S. company must expend its consumption allowances allocated under §§ 82.6 and 82.7 in order to produce with the additional production allowances. (1) For trades from a Party, the person must obtain from the principal diplomatic representative in that nation's embassy in the United States a signed document stating that the appropriate authority within that nation has established or revised production limits or essential-use allowance limits for the nation to equal the lesser of the maximum production that the nation is allowed under the Protocol minus the amount transferred, the maximum production or essential-use allowances that are allowed under the nation's applicable domestic law minus the amount transferred, or the average of the nation's actual national production level for the three years prior to the transfer minus the production transferred. The person must submit to the Administrator a transfer request that includes a true copy of this document and that sets forth the following: (i) The identity and address of the person; (ii) The identity of the Party; (iii) The names and telephone numbers of contact persons for the person and for the Party; (iv) The chemical type, type of allowance being transferred, and the level of allowances being transferred; (v) The control period(s) to which the transfer applies; and (vi) For increased production intended for export to the Party from whom the allowances would be received, a signed statement of intent to export to the Party. (vii) In the case of transferring essential-use allowances, the transferor must include a signed document from the transferee identifying the CFC MDI products that will be produced using the essential-use allowances. (2) For trades to a Party, a person must submit a transfer request that sets forth the following: (i) The identity and address of the person; (ii) The identity of the Party; (iii) The names and telephone numbers of contact persons for the person and for the Party; (iv) The chemical type, type of allowance being transferred, and the level of allowances being transferred; and (v) The control period(s) to which the transfer applies. (3) After receiving a transfer request that meets the requirements of paragraph (c)(2) of this section, the Administrator may, at his discretion, consider the following factors in deciding whether to approve such a transfer: (i) Possible creation of economic hardship; (ii) Possible effects on trade; (iii) Potential environmental implications; and (iv) The total amount of unexpended production or essential-use allowances held by a U.S. entity. (v) In the case of transfer of essential-use allowances the Administrator may consider whether the CFCs will be used for production of essential MDIs. (4) The Administrator will issue the person a notice either granting or deducting production allowances, Article 5 allowances, or essential-use allowances, and specifying the control period to which the transfer applies, provided that the request meets the requirement of paragraph (c)(1) of this sections for trades from Parties and paragraph (c)(2) of this section for trades to Parties, unless the Administrator has decided to disapprove the trade under paragraph (c)(3) of this section. For a trade from a Party, the Administrator will issue a notice that revises the allowances held by the person to equal the unexpended production, Article 5, or essential-use allowances held by the person under this subpart plus the level of allowable production transferred from the Party. For a trade to a Party, the Administrator will issue a notice that revises the production limit for the person to equal the lesser of: (i) The unexpended production allowances, essential-use allowances, or Article 5 allowances held by the person under this subpart minus the amount transferred; or (ii) The unexpended production allowances, essential-use allowances, or Article 5 allowances held by the person under this subpart minus the amount by which the United States average annual production of the controlled substance being traded for the three years prior to the transfer is less than the total production allowable for that substance under this subpart minus the amount transferred. The change in allowances will be effective on the date that the notice is issued. (5) If after one person obtains approval for a trade of allowable production of a controlled substance to a Party, one or more other persons obtain approval for trades involving the same controlled substance and the same control period, the Administrator will issue notices revising the production limits for each of the other persons trading that controlled substance in that control period to equal the lesser of: (i) The unexpended production allowances or Article 5 allowances held by the person under this subpart minus the amount transferred; or (ii) The unexpended production allowances or Article 5 allowances held by the person under this subpart minus the amount by which the United States average annual production of the controlled substance being traded for the three years prior to the transfer is less than the total allowable production for that substance under this subpart multiplied by the amount transferred divided by the total amount transferred by all the other persons trading the same controlled substance in the same control period minus the amount transferred by that person. (iii) The Administrator will also issue a notice revising the production limit for each person who previously obtained approval of a trade of that substance in that control period to equal the unexpended production allowances or unexpended Article 5 allowances held by the person under this subpart plus the amount by which the United States average annual production of the controlled substance being traded for the three years prior to the transfer is less than the total allowable production under this subpart multiplied by the amount transferred by that person divided by the amount transferred by all of the persons who have traded that controlled substance in that control period. The change in production allowances or Article 5 allowances will be effective on the date that the notice is issued. (d) Effective January 1, 1996, there will be no trade in production or consumption allowances with other Parties to the Protocol for class I controlled substances, except for class I, Group VI, methyl bromide. (e)—(f) [Reserved] (g) International transfer of essential-use CFCs. (2) If the transfer claim is complete, and EPA does not object to the transfer, then EPA will issue letters to the transferor and the transferee indicating that the transfer may proceed. EPA reserves the right to disallow a transfer if the transfer request is incomplete, or if it has reason to believe that the transferee plans to produce MDIs that are not essential MDIs. If EPA objects to the transfer, EPA will issue letters to the transferor and transferee stating the basis for disallowing the transfer. The burden of proof is placed on the transferee to retain sufficient records to prove that the transferred essential-use CFCs are used only for production of essential MDIs. If EPA ultimately finds that the transferee did not use the essential-use CFCs for production of essential MDIs then the transferee is in violation of this subpart. [60 FR 24986, May 10, 1995, as amended at 63 FR 41643, Aug. 4, 1998; 63 FR 53290, Oct. 5, 1998; 65 FR 70804, Nov. 28, 2000; 67 FR 6360, Feb. 11, 2002; 67 FR 21134, Apr. 29, 2002; 70 FR 77047, Dec. 29, 2005; 85 FR 15292, Mar. 17, 2020] § 82.10 [Reserved] § 82.11 Exports of class I controlled substances to Article 5 Parties. (a) If apportioned Article 5 allowances under § 82.9(a) or § 82.11(a)(2), a person may produce Class I controlled substances, in accordance with the prohibitions in § 82.4 and the reduction schedule in § 82.11(a)(3), to be exported (not including exports resulting in transformation or destruction, or exports of used controlled substances) to foreign states listed in appendix E to this subpart (Article 5 countries). (1) A person must submit a notice to the Administrator of exports to Article 5 countries (except exports resulting in transformation or destruction, or used controlled substances) at the end of the quarter that includes the following: (i) The identities and addresses of the exporter and the Article 5 country recipient of the exports; (ii) The exporter's Employee Identification Number; (iii) The names and telephone numbers of contact persons for the exporter and for the recipient; (iv) The quantity and the type of controlled substances exported, its source and date purchased; (v) The date on which, and the port from which, the controlled substances were exported from the United States or its territories; (vi) The Article 5 country to which the controlled substances were exported; (vii) A copy of the bill of lading and invoice indicating the net quantity shipped and documenting the sale of the controlled substances to the Article 5 purchaser; (viii) The commodity code of the controlled substance exported; and (ix) A copy of the invoice or sales agreement covering the sale of the controlled substances to the recipient Article 5 country that contains provisions forbidding the reexport of the controlled substance in bulk form and subjecting the recipient or any transferee of the recipient to liquidated damages equal to the resale price of the controlled substances if they are reexported in bulk form. (2) Persons who reported exports of Class I, Group I controlled substances to Article 5 countries in 2000-2003 are apportioned baseline Article 5 allowances as set forth in § 82.11(a)(2)(i). Persons who reported exports of Class I, Group VI controlled substances to Article 5 countries in 1995-1998 are apportioned baseline Article 5 allowances as set forth in § 82.11(a)(2)(ii)). (i) For Group I Controlled Substances Controlled Substance Person Allowances (kg) CFC-11 Honeywell 7,150 Sigma Aldrich 1 CFC-113 Fisher Scientific 5 Honeywell 313,686 Sigma Aldrich 48 CFC-114 Honeywell 24,798 Sigma Aldrich 1 (ii) For Group VI Controlled Substances Controlled Substance Person Allowances (kg) Methyl Bromide Albemarle 1,152,714 Ameribrom 176,903 Great Lakes Chemical Corporation 3,825,846 (3) Phased Reduction Schedule for Article 5 Allowances allocated in § 82.11. For each control period specified in the following table, each person is granted the specified percentage of the baseline Article 5 allowances apportioned under § 82.11. Control Period Class I substances in group I Class I substances in group VI 2006 50 80 2007 15 80 2008 15 80 2009 15 80 2010 0 80 2011 0 80 2012 0 80 2013 0 80 2014 0 80 2015 0 0 (2) [Reserved] (b) [Reserved] [60 FR 24986, May 10, 1995, as amended at 70 FR 77047, Dec. 29, 2005] § 82.12 Transfers of allowances for class I controlled substances. (a) Inter-company transfers. (i) The transferor must submit to the Administrator a transfer claim setting forth the following: (A) The identities and addresses of the transferor and the transferee; (B) The name and telephone numbers of contact persons for the transferor and the transferee; (C) The type of allowances being transferred, including the names of the controlled substances for which allowances are to be transferred; (D) The group of controlled substances to which the allowances being transferred pertains; (E) The amount of allowances being transferred; (F) The control period(s) for which the allowances are being transferred; (G) The amount of unexpended allowances of the type and for the control period being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; and (H) The one percent offset applied to the unweighted amount traded will be deducted from the transferor's production or consumption allowance balance (except for trades from transformers and destroyers to producers or importers for the purpose of allowance reimbursement). In the case of transferring essential use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's allowance balance. In the case of transferring critical use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's critical use allowance balance. (I) The transferor must include a signed document from the transferee identifying the CFC MDI products that will be produced using the essential-use allowances. (ii) The Administrator will determine whether the records maintained by EPA, taking into account any previous transfers and any production, allowable imports and exports of controlled substances reported by the transferor, indicate that the transferor possesses, as of the date the transfer claim is processed, unexpended allowances sufficient to cover the transfer claim ( i.e., (A) If EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim, the Administrator will issue a notice indicating that EPA does not object to the transfer and will reduce the transferor's balance of unexpended allowances by the amount to be transferred plus, in the case of transfers of production or consumption allowances, one percent of that amount, or in the case of transfers of essential use allowances, one tenth of one percent of that amount. When EPA issues a no objection notice, the transferor and the transferee may proceed with the transfer. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer. (B) If EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, or that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination, the Administrator will issue a notice disallowing the transfer. Within 10 working days after receipt of notification, either party may file a notice of appeal, with supporting reasons, with the Administrator. The Administrator may affirm or vacate the disallowance. If no appeal is taken by the tenth working day after notification, the disallowance shall be final on that day. (iii) In the event that the Administrator does not respond to a transfer claim within the three working days specified in paragraph (a)(1)(ii) of this section the transferor and transferee may proceed with the transfer. EPA will reduce the transferor's balance of unexpended allowances by the amount to be transferred plus, in the case of transfers of production or consumption allowances, one percent of that amount, and in the case of essential use allowances and critical use allowances, one tenth of one percent of that amount. However if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer. (2) [Reserved] (b)—(c) [Reserved] (d) Transfers of essential-use CFCs. (2) The transferee must submit a transfer claim to the Administrator for approval before the transfer can take place. The transfer claim must set forth the following: (i) The identities and addresses of the transferor and the transferee; and (ii) The name and telephone numbers of contact persons for the transferor and the transferee; and (iii) The amount of each controlled substance (CFC-11, CFC-12, or CFC-114) being transferred; and (iv) The specific metered dose inhaler products (i.e. the MDI drug product or active moiety) that the transferee plans to produce with the transferred CFCs; and (v) The country(ies) where the CFC metered dose inhalers produced with the transferred essential-use CFCs will be sold if other than in the United States; and (vi) Certification that the essential-use CFCs will be used in the production of essential MDIs. If the MDIs are to be sold in the United States, the certification must state that MDIs produced with the transferred essential-use CFCs are listed as essential at 21 CFR 2.125, and were approved by the Food and Drug Administration before December 31, 2000. If the MDIs produced with the essential-use CFCs are to be sold outside the United States, the transferee must certify that the metered dose inhalers produced with the essential-use CFCs are considered essential by the importing country. (3) The transferor must submit a letter stating that it concurs with the terms of the transfer as requested by the transferee. (4) Once the transfer claim is complete, and if EPA does not object to the transfer, then EPA will issue letters to the transferor and the transferee within 10 business days indicating that the transfer may proceed. EPA reserves the right to disallow a transfer if the transfer request is incomplete, or if it has reason to believe that the transferee plans use the essential-use CFCs in anything other than essential MDIs. If EPA objects to the transfer, within EPA will issue letters to the transferor and transferee stating the basis for disallowing the transfer. The burden of proof is placed on the transferee to retain sufficient records to prove that the transferred essential-use CFCs are used only for production of essential MDIs. If EPA ultimately finds that the transferee did not use the essential-use CFCs for production of essential MDIs then the transferee is in violation of this subpart. [60 FR 24986, May 10, 1995, as amended at 65 FR 70804, Nov. 28, 2000; 66 FR 1471, Jan. 8, 2001; 67 FR 6361, Feb. 11, 2002; 69 FR 77004, Dec. 23, 2004; 79 FR 44311, July 31, 2014; 85 FR 15292, Mar. 17, 2020] § 82.13 Recordkeeping and reporting requirements for class I controlled substances. (a) Effective dates. (b) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section, and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act. (c) Timing of reports. (d) Records and copies of reports required by this section must be retained for three years. (e) In reports required by this section, quantities of controlled substances must be stated in terms of kilograms. (f) Producers. (1) Within 120 days of May 10, 1995, or within 120 days of the date that a producer first produces a class I controlled substance, whichever is later, and within 120 days of July 18, 2003 for class I, Group VIII controlled substances, every producer who has not already done so must submit to the Administrator a report describing: (i) The method by which the producer in practice measures daily quantities of controlled substances produced; (ii) Conversion factors by which the daily records as currently maintained can be converted into kilograms of controlled substances produced, including any constants or assumptions used in making those calculations (e.g., tank specifications, ambient temperature or pressure, density of the controlled substance); (iii) Internal accounting procedures for determining plant-wide production; (iv) The quantity of any fugitive losses accounted for in the production figures; and (v) The estimated percent efficiency of the production process for the controlled substance. Within 60 days of any change in the measurement procedures or the information specified in the above report, the producer must submit a report specifying the revised data or procedures to the Administrator. (2) Recordkeeping requirements (i) Dated records of the quantity of each controlled substance produced at each facility; (ii) Dated records of the quantity of controlled substances produced for use in processes that result in their transformation or for use in processes that result in their destruction and quantity sold for use in processes that result in their transformation or for use in processes that result in their destruction; (iii) Dated records of the quantity of controlled substances produced for an essential-use and quantity sold for use in an essential-use process; (iv)—(v) [Reserved] (vi) Copies of invoices or receipts documenting sale of controlled substance for use in processes resulting in their transformation or for use in processes resulting in destruction; (vii) Dated records of the quantity of each controlled substance used at each facility as feedstocks or destroyed in the manufacture of a controlled substance or in the manufacture of any other substance, and any controlled substance introduced into the production process of the same controlled substance at each facility; (viii) Dated records identifying the quantity of each chemical not a controlled substance produced within each facility also producing one or more controlled substances; (ix) Dated records of the quantity of raw materials and feedstock chemicals used at each facility for the production of controlled substances; (x) Dated records of the shipments of each controlled substance produced at each plant; (xi) The quantity of controlled substances, the date received, and names and addresses of the source of used materials containing controlled substances which are recycled or reclaimed at each plant; (xii) Records of the date, the controlled substance, and the estimated quantity of any spill or release of a controlled substance that equals or exceeds 100 pounds; (xiii) Internal Revenue Service Certificates in the case of transformation, or the destruction verification in the case of destruction (as in § 82.13(k)), showing that the purchaser or recipient of a controlled substance, in the United States or in another country that is a Party, certifies the intent to either transform or destroy the controlled substance, or sell the controlled substance for transformation or destruction in cases when production and consumption allowances were not expended; (xiv) Written verifications that essential-use allowances were conveyed to the producer for the production of specified quantities of a specific controlled substance that will only be used for the named essential-use and not resold or used in any other manufacturing process; (xv) Written certifications that quantities of controlled substances, meeting the purity criteria in appendix G of this subpart, were purchased by distributors of laboratory supplies or by laboratory customers to be used only in essential laboratory and analytical uses as defined by appendix G, and not to be resold or used in manufacturing; (xvi) [Reserved] (xvii) For methyl bromide, dated records of the quantity of controlled substances produced for quarantine and preshipment applications and quantity sold for quarantine and preshipment applications; (xviii) Written certifications that quantities of methyl bromide produced solely for quarantine and preshipment applications were purchased by distributors or applicators to be used only for quarantine applications and preshipment applications in accordance with the definitions in this subpart; and (xix) Written verifications from a U.S. purchaser that methyl bromide produced solely for quarantine and preshipment applications, if exported, will be exported solely for quarantine applications and preshipment applications upon receipt of a certification in accordance with the definitions of this subpart and requirements in paragraph (h) of this section. (xx) For methyl bromide, dated records such as invoices and order forms, and a log of the quantity of controlled substances produced for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, and the quantity sold for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use; (xxi) Written certifications that quantities of methyl bromide produced for critical use were purchased by distributors, applicators, or approved critical users to be used or sold only for critical use in accordance with the definitions and prohibitions in this subpart. Certifications must be maintained by the producer for a minimum of three years; and (xxii) For methyl bromide, dated records such as invoices and order forms, and a log of the quantity of controlled substances produced solely for export to satisfy critical uses authorized by the Parties for that control period, and the quantity sold solely for export to satisfy critical uses authorized by the Parties for that control period. (3) Reporting requirements—producers. (i) The production by company in that quarter of each controlled substance, specifying the quantity of any controlled substance used in processing, resulting in its transformation by the producer; (ii) The amount of production for use in processes resulting in destruction of controlled substances by the producer; (iii) The levels of production (expended allowances and credits) for each controlled substance; (iv) [Reserved] (v) The amount of controlled substance sold or transferred during the quarter to a person other than the producer for use in processes resulting in its transformation or eventual destruction; (vi) A list of the quantities and names of controlled substances exported, by the producer and or by other U.S. companies, to a Party to the Protocol that will be transformed or destroyed and therefore were not produced expending production or consumption allowances; (vii) For transformation in the United States or by a person of another Party, one copy of an IRS certification of intent to transform the same controlled substance for a particular transformer and a list of additional quantities shipped to that same transformer for the quarter; (viii) For destruction in the United States or by a person of another Party, one copy of a destruction verification (as under § 82.13(k)) for a particular destroyer, destroying the same controlled substance, and a list of additional quantities shipped to that same destroyer for the quarter; (ix) [Reserved] (x) A list of the essential-use allowance holders, distributors of laboratory supplies and laboratory customers from whom orders were placed and the quantity of specific essential-use controlled substances requested and produced; (xi) The certifications from essential-use allowance holders stating that the controlled substances were purchased solely for specified essential uses and will not be resold or used in any other manufacturing process; (xii) In the case of laboratory essential-uses, certifications from distributors of laboratory supplies that controlled substances were purchased for sale to laboratory customers who certify that the substances will only be used for essential laboratory and analytical uses as defined by appendix G of this subpart, and will not be resold or used in manufacturing; or, if sales are made directly to laboratories, certification from laboratories that the controlled substances will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and will not be resold or used in manufacturing. (xiii) The amount of methyl bromide sold or transferred during the quarter to a person other than the producer solely for quarantine and preshipment applications; (xiv) A list of the quantities of methyl bromide produced by the producer and exported by the producer and/or by other U.S. companies, to a Party to the Protocol that will be used solely for quarantine and preshipment applications and therefore were not produced expending production or consumption allowances; and (xv) For quarantine and preshipment applications of methyl bromide in the United States or by a person of another Party, one copy of a certification that the material will be used only for quarantine and preshipment applications in accordance with the definitions in this subpart from each recipient of the material and a list of additional quantities shipped to that same person for the quarter. (xvi) For critical uses of methyl bromide, producers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use along with the name of the entity on whose behalf the material is held; and (xvii) A list of the quantities of methyl bromide produced by the producer and exported by the producer and/or by other U.S. companies in that control period, solely to satisfy the critical uses authorized by the Parties for that control period; and (xviii) On an annual basis, the amount of methyl bromide produced or imported prior to the January 1, 2005, phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held. (4) For any person who fails to maintain the records required by this paragraph, or to submit the report required by this paragraph, the Administrator may assume that the person has produced at full capacity during the period for which records were not kept, for purposes of determining whether the person has violated the prohibitions at § 82.4. (g) Importers. (1) Recordkeeping—importers. (i) The quantity of each controlled substance imported, either alone or in mixtures, including the percentage of each mixture which consists of a controlled substance; (ii) The quantity of those controlled substances imported that are used (including recycled or reclaimed) and, where applicable, the information provided with the petition as under paragraph (g)(2) of this section; (iii) The quantity of controlled substances other than transhipments or used, recycled or reclaimed substances imported for use in processes resulting in their transformation or destruction and quantity sold for use in processes that result in their destruction or transformation; (iv) The date on which the controlled substances were imported; (v) The port of entry through which the controlled substances passed; (vi) The country from which the imported controlled substances were imported; (vii) The commodity code for the controlled substances shipped, which must be one of those listed in Appendix K to this subpart; (viii) The importer number for the shipment; (ix) A copy of the bill of lading for the import; (x) The invoice for the import; (xi) The quantity of imports of used, recycled, or reclaimed class I controlled substances; (xii) The U.S. Customs entry number; (xiii) Dated records documenting the sale or transfer of controlled substances for use in processes resulting in transformation or destruction; (xiv) Copies of IRS certifications that the controlled substance will be transformed or destruction verifications that it will be destroyed (as in § 82.13(k)); (xv) Dated records of the quantity of controlled substances imported for an essential use; and (xvi) Copies of certifications that imported controlled substances are being purchased for essential laboratory and analytical uses (defined at appendix G of this subpart) or being purchased for eventual sale to laboratories that certify that controlled substances are for essential laboratory and analytical uses (defined at appendix G of this subpart). (xvii) Dated records of the quantity of methyl bromide imported for quarantine and preshipment applications and quantity sold for quarantine and preshipment applications; (xviii) Written certifications that quantities of methyl bromide imported solely for quarantine and preshipment applications were purchased by distributors or applicators to be used only for quarantine and preshipment applications in accordance with the definitions in this subpart; and (xix) Written verifications from a U.S. purchaser that methyl bromide imported solely for quarantine and preshipment applications, if exported, will be exported solely for quarantine and preshipment applications upon receipt of a certification in accordance with the definitions of this subpart and requirements in paragraph (h) of this section. (xx) For methyl bromide, dated records such as invoices and order forms, of the quantity of controlled substances imported for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, and the quantity sold for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use; and (xxi) Written certifications that quantities of methyl bromide imported for critical use were purchased by distributors, applicators, or approved critical users to be used or sold only for critical use in accordance with the definitions and prohibitions in this subpart. Certifications must be maintained by an importer for a minimum of three years. (2) Petitioning—importers of used, recycled, or reclaimed controlled substances. (i) Name, commodity code, and quantity in kilograms of the used controlled substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used controlled substance was recovered or the halon bank storing the controlled substance; (iv) A detailed description of the previous use of the controlled substance at each source facility and a best estimate of when the specific controlled substance was put into the equipment at each source facility, and, when possible, documents indicating the date the material was put into the equipment; (v) A list of the name, make and model number of the equipment from which the material was recovered at each source facility; (vi) Name, address, contact person, email address, and phone number of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility; (vii) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the chemical. If at the time of submitting a petition the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the chemical, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the actual U.S. Customs entry of the individual shipment; (viii) A description of the intended use of the used controlled substance, and, when possible, the name, address, contact person, email address, and phone number of the ultimate purchaser in the United States; (ix) Name, address, contact person, email address, and phone number of the U.S. reclamation facility, where applicable; (x) If someone at the source facility recovered the controlled substance from the equipment, the name, email address, and phone number of that person; (xi) If the imported controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment; (xii) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; (xiii) If the imported used controlled substance is intended to be sold as a refrigerant in the United States, the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part if not already reclaimed to those specifications; and (xiv) [Reserved] (xv) If the used controlled substance is stored in a halon bank, in lieu of the information required in paragraphs (g)(2)(iv) through (vi) of this section, the petitioner may provide an official letter from the appropriate government agency in the country where the material is stored indicating that the halon is used and that the halon bank is authorized to collect used halon. If source information in paragraphs (g)(2)(iv) through (vi) is available, it should also be provided in addition to the letter. (3) Review of petition to import a used substance. (i) For the following reasons, the Administrator may issue an objection notice to a petition: (A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under paragraph (g)(2) of this section or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used; (B) If the Administrator determines that any portion of the petition contains false or misleading information, or the Administrator has information from other U.S. or foreign government agencies indicating that the petition contains false or misleading information; (C) If the importer wishes to import a used class I controlled substance from a country which is, for that particular controlled substance, out of compliance regarding its phaseout obligations under the Protocol or the transaction in the petition is contrary to other provisions in the Vienna Convention or the Montreal Protocol; (D) If the appropriate government agency in the exporting country has not agreed to issue an export license for the cited individual shipment of used controlled substance; (E) If allowing the import of the used class I controlled substance would run counter to government restrictions from either the country of recovery or export regarding controlled ozone-depleting substances; (F) If reclamation capacity is installed or is being installed for that specific controlled substance in the country of recovery or country of export and the capacity is funded in full or in part through the Multilateral Fund. (ii) Within ten (10) working days after receipt of the objection notice, the importer may re-petition the Administrator, only if the Administrator indicated “insufficient information” as the basis for the objection notice. If no appeal is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one appeal of re-petition will be accepted for any petition received by EPA. (iii) Any information contained in the re-petition which is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition. (iv) In cases where the Administrator does not object to the petition based on the criteria listed in paragraph (g)(3)(i) of this section, the Administrator will issue a non-objection notice. (v) To pass the approved used class I controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs. (vi) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to: (A) Revoke the non-objection notice; (B) Pursue all means to ensure that the controlled substance is not imported into the United States; and (C) Take appropriate enforcement actions. (vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice. (viii) A person receiving a non-objection notice from the Administrator for a petition to import used class I controlled substances must maintain the following records: (A) a copy of the petition; (B) the EPA non-objection notice; (C) the bill of lading for the import; and (D) The U.S. Customs entry number. (4) Reporting requirements—importers. (i) Summaries of the records required in paragraphs (g)(1) (i) through (xvi) of this section for the previous quarter; (ii) The total quantity imported in kilograms of each controlled substance for that quarter; (iii) The quantity of those controlled substances imported that are used controlled substances. (iv) The levels of import (expended consumption allowances before January 1, 1996) of controlled substances for that quarter and totaled by chemical for the control-period-to-date; (vii) [Reserved] (viii) The amount of controlled substances imported for use in processes resulting in their transformation or destruction; (ix) The amount of controlled substances sold or transferred during the quarter to each person for use in processes resulting in their transformation or eventual destruction; (x) The amount of controlled substances sold or transferred during the quarter to each person for an essential use; (xi) [Reserved] (xii) Internal Revenue Service Certificates showing that the purchaser or recipient of imported controlled substances intends to transform those substances or destruction verifications (as in § 82.13(k)) showing that purchaser or recipient intends to destroy the controlled substances; and (xiii) The certifications from essential-use allowance holders stating that the controlled substances were purchased solely for specified essential-uses and will not be resold or used in manufacturing; and the certifications from distributors of laboratory supplies that the controlled substances were purchased solely for eventual sale to laboratories that certify the controlled substances are for essential laboratory and analytical uses (defined at appendix G of this subpart), or if sales are made directly to laboratories, certifications from laboratories that the controlled substances will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and will not be resold or used in manufacturing. (xiv) In the case of laboratory essential uses, a certification from distributors of laboratory supplies that controlled substances were purchased for sale to laboratory customers who certify that the substances will only be used for laboratory applications and will not be resold or used in manufacturing; and (xv) The amount of methyl bromide sold or transferred during the quarter to a person other than the importer solely for quarantine and preshipment applications; (xvi) A list of the quantities of methyl bromide exported by the importer and or by other U.S. companies, to a Party to the Protocol that will be used solely for quarantine and preshipment applications and therefore were not imported expending consumption allowances; and (xvii) For quarantine and preshipment applications of methyl bromide in the United States or by a person of another Party, one copy of a certification that the material will be used only for quarantine and preshipment applications in accordance with the definitions in this subpart from each recipient of the material and a list of additional quantities shipped to that same person for the quarter. (xviii) For critical uses of methyl bromide, importers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use along with the name of the entity on whose behalf the material is held. (xix) Importers shall report annually the amount of methyl bromide produced or imported prior to the January 1, 2005, phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held. (5) Certification of intent to import for destruction. (i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name and address of any intermediary who will aggregate controlled substances imported for destruction, and the contact person's name, email address, and phone number; (iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the material. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States; (v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility; (vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and (vii) A certification of accuracy of the information submitted in the certification. (6) Destruction verification. (7) Review of certification of intent to import for destruction. (ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under paragraph (g)(5) of this section or for the reasons listed in paragraphs (g)(3)(i)(B) through (F) of this section. (iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice. (iv) To pass the approved class I controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs. (v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to: (A) Revoke the non-objection notice; (B) Pursue all means to ensure that the class I controlled substance is not imported into the United States; and (C) Take appropriate enforcement actions. (8) Timing of import. (9) Additional recordkeeping requirements—importers of used, recycled, or reclaimed controlled substances. (i) A copy of the certificate of intent to import for destruction; (ii) The EPA non-objection notice; (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export; (iv) U.S. Customs entry documents for the import that must include one of the commodity codes from appendix K to this subpart; (v) The date, amount, and type of controlled substance sent for destruction, per shipment; (vi) An invoice from the destruction facility verifying the shipment was received; (vii) A copy of the destruction verification from the destruction facility; and (viii) An English translation of the document in paragraph (g)(9)(iii) of this section. (10) Recordkeeping requirements-aggregators. (i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction; (ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance imported for destruction; (iii) Maintain records that include the date and quantity of the imported controlled substance received for destruction; (iv) Maintain records that include the date and quantity of the imported controlled substance sent for destruction; and (v) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification. (h) Reporting requirements—exporters. (i) The names and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The type and quantity of each controlled substance exported including the quantity of controlled substance that is used, recycled, or reclaimed; (iv) The date on which, and the port from which, the controlled substances were exported from the United States or its territories; (v) The country to which the controlled substances were exported; (vi) The amount exported to each Article 5 country; (vii) The commodity code of the controlled substance shipped; and (viii) The invoice or sales agreement containing language similar to the Internal Revenue Service Certificate that the purchaser or recipient of imported controlled substances intends to transform those substances, or destruction verifications (as in paragraph (k) of this section) showing that the purchaser or recipient intends to destroy the controlled substances. (2) For any exports of methyl bromide not reported under paragraph (f)(3) of this section (reporting for producers of controlled substances), the exporter who exported methyl bromide must submit to the Administrator the following information within 45 days after the end of each quarter in which the unreported exports left the United States: (i) The names and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The quantity of methyl bromide exported by use (transformation, destruction, critical use, or quarantine and preshipment); (iv) The date on which, and the port from which, the methyl bromide was exported from the United States or its territories; (v) The country to which the methyl bromide was exported; (vi) The amount exported to each Article 5 country; (vii) The commodity code of the controlled substance shipped; and (viii) The invoice or sales agreement containing language similar to the Internal Revenue Service Certificate that the purchaser or recipient of imported methyl bromide intends to transform those substances, the destruction verifications (as in paragraph (k) of this section) showing that the purchaser or recipient intends to destroy the controlled substances, or the certification that the purchaser or recipient and the eventual applicator will only use the material for quarantine and preshipment applications in accordance with the definitions in this subpart. (i) [Reserved] (j) Persons who destroy class I controlled substances shall, following promulgation of this rule, provide EPA with a one-time report stating the destruction unit's destruction efficiency and the methods used to record the volume destroyed and those used to determine destruction efficiency and the name of other relevant federal or state regulations that may apply to the destruction process. Any changes to the unit's destruction efficiency or methods used to record volume destroyed and to determine destruction efficiency must be reflected in a revision to this report to be submitted to EPA within 60 days of the change. (k) Persons who purchase or receive and subsequently destroy controlled class I substances that were originally produced without expending allowances shall provide the producer or importer from whom they purchased or received the controlled substances with a verification that controlled substances will be used in processes that result in their destruction. (1) The destruction verification shall include the following: (i) Identity and address of the person intending to destroy controlled substances; (ii) Indication of whether those controlled substances will be completely destroyed, as defined in § 82.3 of this rule, or less than completely destroyed, in which case the destruction efficiency at which such substances will be destroyed must be included; (iii) Period of time over which the person intends to destroy controlled substances; and (iv) Signature of the verifying person. (2) If, at any time, any aspects of this verification change, the person must submit a revised verification reflecting such changes to the producer from whom that person purchases controlled substances intended for destruction. (l) Persons who purchase class I controlled substances and who subsequently transform such controlled substances shall provide the producer or importer with the IRS certification that the controlled substances are to be used in processes resulting in their transformation. (m) Any person who transforms or destroys class I controlled substances who has submitted an IRS certificate of intent to transform or a destruction verification (as under paragraph (k) of this section) to the producer or importer of the controlled substance, must report the names and quantities of class I controlled substances transformed and destroyed for each control period within 45 days of the end of such control period. (n) Persons who import or export used controlled substances (including recycled or reclaimed) must label their bill of lading or invoice indicating that the controlled substance is used, recycled or reclaimed. (o) Persons who import heels of controlled substances must label their bill of lading or invoice indicating that the controlled substance in the container is a heel. (p) Every person who brings back a container with a heel to the United States, as defined in § 82.3, must report quarterly the amount brought into the United States certifying that the residual amount in each shipment is less than 10 percent of the volume of the container and will either: (1) Remain in the container and be included in a future shipment; (2) Be recovered and transformed; (3) Be recovered and destroyed; or (4) Be recovered for a non-emissive use. (q) Every person who brings a container with a heel into the United States must report on the final disposition of each shipment within 45 days of the end of the control period. (r) Every person who transships a controlled substance must maintain records that indicate that the controlled substance shipment originated in a foreign country destined for another foreign country, and does not enter interstate commerce with the United States. (s) Any person allocated essential-use allowances who submits an order to a producer or importer for a controlled substance must report the quarterly quantity received from each producer or importer. (t) Any distributor of laboratory supplies receiving controlled substances under the global laboratory essential-use exemption for sale to laboratory customers must report quarterly the quantity received of each controlled substance from each producer or importer. (u) Holders of Essential-Use Allowances—Reporting. (1) Within 30 days of the end of every quarter, any person allocated essential-use allowances must submit to the Administrator a report containing the quantity of each controlled substance, in kilograms, purchased and received from each producer and each importer during that quarter as well as from which country the controlled substance was imported. (2) Any person allocated essential-use allowances must submit to the Administrator a report containing the following information within 30 days of the end of the control period, and, if possible, within 20 days of the end of the control period: (i) The gross quantity of each controlled substance, in kilograms, that was used for the essential use during the control period; and (ii) The quantity of each controlled substance, in kilograms, contained in exported products during the control period; and (iii) The quantity of each controlled substance, in kilograms, that was destroyed or recycled during the control period; and (iv) The quantity of each controlled substance, in kilograms, held in inventory as of the last day of the control period, that was acquired with essential use allowances in all control periods ( i.e. (v) The quantity of each controlled substance, in kilograms, in a stockpile that is owned by the company or is being held on behalf of the company under contract, and was produced or imported through the use of production allowances and consumption allowances prior to the phaseout ( i.e. (vi) For essential use allowances for metered-dose inhalers only, the allowance holder must report the total number of marketable units of each specific metered-dose inhaler product manufactured in the control period. (v) Laboratory use exemption distributors. (w) Laboratory use exemption customers. (1) The identity and address of the laboratory customer; (2) The name, email address, and phone number of a contact person for the laboratory customer; (3) The name and quantity of each controlled substance purchased, and the estimated percent of the controlled substance that will be used for each listed type of laboratory application. (x) Any distributor of laboratory supplies who purchased class I controlled substances under the global essential laboratory and analytical use exemption, and who only sells the class I controlled substances as reference standards for calibrating laboratory analytical equipment, may write a letter to the Administrator requesting permission to submit the reports required under paragraph (v) of this section annually rather than quarterly. The Administrator will review the request and issue a notification of permission to file annual reports if, in the Administrator's judgment, the distributor meets the requirements of this paragraph. Upon receipt of a notification of extension from the Administrator, the distributor must submit annually the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor pursuant to paragraph (w) of this section. (y) Quarantine and preshipment methyl bromide distributors. (1) Every distributor of quarantine and preshipment methyl bromide must certify to the producer, importer, or distributor from whom they purchased or received the controlled substance that quantities purchased or received will be sold only for quarantine applications or preshipment applications in accordance with the definitions in this subpart. (2) Every distributor of quarantine and preshipment methyl bromide must receive from an applicator, exporter, or distributor to whom they sell or deliver the controlled substance a certification, prior to delivery, stating that the quantity will be used or sold solely for quarantine applications or preshipment applications in accordance with definitions in this subpart. (3) Every distributor of quarantine and preshipment methyl bromide must maintain the certifications as records for 3 years. (4) Every distributor of quarantine and preshipment methyl bromide must report to the Administrator within 45 days after the end of each quarter, the total quantity delivered to applicators or end users for quarantine applications and preshipment applications in accordance with definitions in this subpart. (z) Quarantine and preshipment methyl bromide applicators. (1) Recordkeeping. (2) Reporting. (aa) Quarantine and preshipment methyl bromide end user certification. (bb) Every distributor of methyl bromide (class I, Group VI controlled substances) who purchases or receives a quantity of critical use methyl bromide must comply with recordkeeping and reporting requirements specified in this paragraph (bb). (1) Recordkeeping—Every distributor of critical use methyl bromide must certify to the producer or importer or other entity from which they are acquiring quantities of critical use methyl bromide that such quantities received will be sold or used only for approved critical use(s) in accordance with the definitions and prohibitions in this subpart. (i) Every distributor of a quantity of critical use methyl bromide must receive from an applicator, or any other entity to whom they sell critical use methyl bromide, a certification of the quantity of critical use methyl bromide ordered, prior to delivery of the quantity, stating that the quantity will be sold or used only for approved critical uses in accordance with definitions and prohibitions in this subpart. (ii) Every distributor of methyl bromide who receives a certification from an applicator or any other entity to which they sell critical use methyl bromide must maintain the certifications as records for 3 years. (iii) Every distributor of a quantity of critical use methyl bromide must maintain invoice and order records related to the sale of such material for 3 years. (2) Reporting—Every distributor of critical use methyl bromide must report to the Administrator annually, the following items: (i) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide bought; (ii) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide sold for each specified critical use in appendix L of this subpart; (iii) For critical uses of class I, Group VI controlled substances, report the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, along with the name of the entity on whose behalf the material is held; (iv) [Reserved] (v) The amount of methyl bromide produced or imported prior to the January 1, 2005, phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held. (cc) Every third party applicator of methyl bromide (class I, Group VI controlled substances) that purchases or receives critical use methyl bromide must comply with recordkeeping and reporting requirements specified in this paragraph (cc). (1) Recordkeeping—Every third party applicator of critical use methyl bromide must certify to the producer or importer or other entity from which they are acquiring quantities of critical use methyl bromide that such quantities received will be sold or used only for approved critical use(s) in accordance with the definitions and prohibitions in this subpart. (i) Every third party applicator of a quantity of critical use methyl bromide must receive from any entity to whom they sell critical use methyl bromide, a certification of the quantity of critical use methyl bromide ordered, prior to delivery of the quantity, stating that the quantity will be sold or used only for approved critical uses in accordance with definitions and prohibitions in this subpart. (ii) Every third party applicator of methyl bromide who receives a certification from an entity to which they sell critical use methyl bromide must maintain the certifications as records for 3 years. (iii) Every third party applicator of a quantity of critical use methyl bromide must maintain invoice and order records related to the sale of such material for 3 years. (2) Reporting—Every third party applicator of critical use methyl bromide must report to the Administrator annually, the following items: (i) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide bought; (ii) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide sold for each specified critical use in appendix L of this subpart; (iii) For critical uses of class I, Group VI controlled substances, report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, along with the name of the entity on whose behalf the material is held; (iv) [Reserved] (v) The amount of methyl bromide produced or imported prior to the January 1, 2005 phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held. (dd) Every approved critical user purchasing an amount of critical use methyl bromide or purchasing fumigation services with critical use methyl bromide must, for each request, identify the use as a critical use and certify being an approved critical user. The approved critical user certification will state, in part: “I certify, under penalty of law, I am an approved critical user and I will use this quantity of methyl bromide for an approved critical use. My action conforms to the requirements associated with the critical use exemption published in 40 CFR part 82. I am aware that any agricultural commodity within a treatment chamber, facility or field I fumigate with critical use methyl bromide cannot subsequently or concurrently be fumigated with non-critical use methyl bromide during the same control period, excepting a QPS treatment or a treatment for a different use ( e.g. e.g. (ee) Process agents. (1) Reporting—one-time report. (i) The name and address of each facility and plant, and each responsible person's name, email address, and phone number; (ii) The name, purpose, and final product manufactured of each process agent application that uses a class I controlled substance; (iii) The start-up date of each facility and the start-up date of each plant that uses a class I controlled substance as a process agent; (iv) For each facility, the names and amounts of each product and byproduct manufactured in the process agent application during the previous control period, including amounts destroyed or used as a feedstock; (v) For each facility, the total air, fugitive air, and stack point air emissions of class I controlled substances used as a process agent during the previous control period; (vi) For each facility, a description of technologies currently being used and actions taken or currently under evaluation to minimize use or emissions of class I controlled substances used as process agents (including estimated emissions reductions associated with each); and (vii) For each facility, a description that includes details of the percentages of class I controlled substances used as a process agent and: (A) Retained within the process agent application; (B) Consumed in the process agent application; (C) Recovered after the process agent application; (D) Emitted; and (E) Entrained in the final product. (2) Annual reports. (i) For each facility, contact information including email address and phone number for a primary and alternate contact person; (ii) For each facility, the name and amount of each class I controlled substance initially introduced into the process agent application for use as a process agent, specified independently for paragraphs (ee)(2)(ii)(A) through (G) of this section by whether the class I controlled substance was: (A) Obtained as virgin; (B) Obtained as used; (C) Produced by the entity; (D) Purchased from a U.S. producer; (E) Imported; (F) Reclaimed by the entity from a different use; and (G) Reclaimed by another entity; (iii) For each facility, the name and amount of each class I controlled substance used as a process agent and reused or recycled for use by the entity for continued use in the same process agent application at the same facility; (iv) For each facility, the name and amount of each class I controlled substance used as a process agent that was ultimately: (A) Transformed; (B) Reused or recycled for use in a different process agent application; or (C) Destroyed by approved destruction technologies; (v) For each facility, the total air, fugitive air, and stack point air emissions of each class I controlled substance used as a process agent; (vi) For each facility, the names and amounts of each product and byproduct manufactured in the process agent application during the previous control period, including amounts destroyed or used as a feedstock; (vii) For each facility, a description of emission reduction actions for class I controlled substances used as a process agent taken since the last one-time or annual report, planned, or currently under evaluation; and (viii) For each entity, any process agent application changes anticipated to result in increases for the next annual report, as compared to the previous control period and the average of the three previous control periods, of the following magnitude must be specified in a report submitted to EPA at least 180 days prior to implementing the change: (A) Greater than 20 percent of the amount of class I controlled substance initially introduced for use as a process agent; or (B) At least one metric ton and 20 percent of the amount emitted during use as a process agent. (3) Recordkeeping. (i) Dated records of the quantity of each class I controlled substance initially introduced at each facility into the process application for use as a process agent; (ii) Dated records of the quantity of each class I controlled substance produced at each facility for use as a process agent; (iii) Records identifying the producer or importer of the class I controlled substance received at each facility for use as a process agent by the entity; (iv) For each facility, copies of the invoices or receipts documenting the sale or other transfer of ownership of each class I controlled substance for use as a process agent to the entity; (v) Dated records identifying the quantity of each product manufactured within each facility by using a class I controlled substance as a process agent; (vi) For each facility, records of the date and the estimated quantity of any spill or release of each class I controlled substance used as a process agent that equals or exceeds 100 pounds; (vii) For each facility, a description of the methodology used to measure and calculate emissions, and dated records of equipment parameters, measured data, supporting calculations, and other rationale used to validate reported emission quantities; (viii) For each facility, dated records of the quantity of each class I controlled substance used as a process agent which is subsequently transformed or destroyed; (ix) In the case where class I controlled substances used as a process agent were ultimately transformed by an entity other than the entity which last used the class I controlled substances as a process agent, a copy of the Internal Revenue Service Certificate showing that the purchaser or recipient of the controlled substance, in the United States or in another country that is a Party, certifies the intent to transform the controlled substance, or sell the controlled substance for transformation; and (x) In the case where class I controlled substances used as a process agent were ultimately destroyed by an entity other than the entity which last used the class I controlled substances as a process agent, a copy of the destruction verification (as in paragraph (k) of this section), showing that the purchaser or recipient of a controlled substance, in the United States or in another country that is a Party, certifies the intent to destroy the controlled substance, or sell the controlled substance for destruction. (4) Request for extension. (i) This request must include the following information: (A) Name of the facility submitting the request, contact information for a person at the facility, and the address of the facility; (B) An explanation of the reasons that an extension is necessary and the timeline that would be practicable; and (C) Supporting documentation of the circumstances. (ii) The Administrator will review the request and, within five working days of receiving a complete request, provide notification of whether the request is granted and when the report is due. (5) Notification that use has ceased. [60 FR 24986, May 10, 1995] Editorial Note: For Federal Register www.govinfo.gov. § 82.14 Process for electronic reporting. (a) Starting May 18, 2020, reports and petitions that are available to be submitted through the Central Data Exchange or another format specified by EPA, as well as any related supporting documents, must be submitted through that tool. (b) Entities can register and access the Central Data Exchange as follows: (1) Go to EPA's Central Data Exchange website at https://cdx.epa.gov (2) Call EPA's Central Data Exchange Help Desk at 1-888-890-1995. (3) Email the EPA's Central Data Exchange Help Desk at [email protected]. [85 FR 15296, Mar. 17, 2020, as amended at 89 FR 82432, Oct. 10, 2024] § 82.15 Prohibitions for class II controlled substances. (a) Production. (2) Effective January 21, 2003, no person may use production allowances to produce a quantity of class II controlled substance unless that person holds under the authority of this subpart at the same time consumption allowances sufficient to cover that quantity of class II controlled substances. No person may use consumption allowances to produce a quantity of class II controlled substances unless the person holds under authority of this subpart at the same time production allowances sufficient to cover that quantity of class II controlled substances. (b) Import. (2) Effective January 21, 2003, no person may import, at any time in any control period, a used class II controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a petition to the Administrator and received a non-objection notice in accordance with § 82.24(c)(3) and (4). A person issued a non-objection notice for the import of an individual shipment of used class II controlled substances may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the used class II controlled substance stated in the non-objection notice. Every kilogram of import of used class II controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with § 82.24(c)(3) and (4) constitutes a separate violation of this subpart. (3) No person may import for purposes of destruction, at any time in any control period, a class II controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a certification of intent to import for destruction to the Administrator and received a non-objection notice in accordance with § 82.24(c)(6). A person issued a non-objection notice for the import of an individual shipment of class II controlled substances for destruction may not transfer or confer the right to import and may not import any more than the exact quantity (in kilograms) of the class II controlled substance stated in the non-objection notice. For imports intended to be destroyed in the United States, a person issued a non-objection notice must destroy the controlled substance within one year of the date stamped on the non-objection letter, may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the class II controlled substance stated in the non-objection notice. Every kilogram of import of class II controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with § 82.24(c)(6) constitutes a separate violation of this subpart. (c) Production with Article 5 allowances. (d) Production with export production allowances. (e) Trade with Parties. No person may import or export any quantity of a class II controlled substance listed in Appendix A to this subpart, from or to any foreign state that is not either: (1) A Party to the Beijing Amendment. As of March 14, 2014, the following foreign states had not ratified the Beijing Amendment: Kazakhstan, Libya, and Mauritania. For updates on ratification status, see the Ozone Secretariat's Web site at: http://ozone.unep.org/new_site/en/treaty_ratification_status.php. (2) A foreign state not party to the Beijing Amendment that is complying with the Beijing Amendment as defined in this subpart. (f) Exemptions. (g) Introduction into interstate commerce or use. (2)(i) Effective January 1, 2010, no person may introduce into interstate commerce or use HCFC-22 or HCFC-142b (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for use as a refrigerant in equipment manufactured before January 1, 2010; for export to Article 5 Parties under § 82.18(a); as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section. (ii) Introduction into interstate commerce and use of HCFC-22 is not subject to the prohibitions in paragraph (g)(2)(i) of this section if the HCFC-22 is for use in medical equipment prior to January 1, 2015; for use in thermostatic expansion valves prior to January 1, 2015; or for use as a refrigerant in appliances manufactured before January 1, 2012, provided that the components are manufactured prior to January 1, 2010, and are specified in a building permit or a contract dated before January 1, 2010, for use on a particular project. (3) Effective January 1, 2015, no person may introduce into interstate commerce or use HCFC-141b (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for export to Article 5 Parties under § 82.18(a), as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section. (4)(i) Effective January 1, 2015, no person may introduce into interstate commerce or use any class II controlled substance not governed by paragraphs (g)(1) through (3) of this section (unless used, recovered and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for use as a refrigerant in equipment manufactured before January 1, 2020; for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part; for export to Article 5 Parties under § 82.18(a); as a transhipment or heel; for exemptions permitted under paragraph (f) of this section; or for exemptions permitted under paragraph (g)(4)(ii) or (iii) of this section. (ii) Effective January 1, 2015, use of HCFC-225ca or HCFC-225cb as a solvent (excluding use in manufacturing a product containing HCFC-225ca or HCFC-225cb) is not subject to the use prohibition in paragraph (g)(4)(i) of this section if the person using the HCFC-225ca or HCFC-225cb placed the controlled substance into inventory before January 1, 2015. This paragraph does not create an exemption to the prohibition on introduction into interstate commerce in paragraph (g)(4)(i) of this section. (iii) Effective January 1, 2015, use of HCFC-124 as a sterilant for the manufacture and testing of biological indicators is not subject to the use prohibition in paragraph (g)(4)(i) of this section if the person using the HCFC-124 placed the controlled substance into inventory before January 1, 2015. This paragraph does not create an exemption to the prohibition on introduction into interstate commerce in paragraph (g)(4)(i) of this section. (5)(i) Effective January 1, 2020, no person may introduce into interstate commerce or use HCFC-123 or HCFC-124 (unless used, recovered and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for use as a refrigerant in equipment manufactured before January 1, 2020; for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part and only to the extent permitted under paragraph (g)(5)(ii) of this section; for export to Article 5 Parties under § 82.18(a); as a transhipment or heel; or for exemptions permitted under paragraph (f) of this section. (ii) HCFC-123 that was produced or imported on or after January 1, 2020 may be used as a fire suppression streaming agent only to service equipment manufactured before January 1, 2020. HCFC-123 that was produced or imported prior to January 1, 2020 (or used, recovered and recycled) may be used as a fire suppression streaming agent in equipment manufactured before, on, or after January 1, 2020. (iii) Notwithstanding the prohibition on use in paragraph (g)(5)(i) of this section, the use of HCFC-123 as a refrigerant in equipment manufactured on or after January 1, 2020 but before January 1, 2021 is permitted if the conditions of this paragraph (g)(5)(iii) are met. The HCFC-123 must be in the possession of an entity that will complete the manufacture of the appliance and imported prior to January 1, 2020. The appliance components must be ready for shipment to a construction location prior to July 24, 2019 and be specified in a building permit or a contract dated before July 24, 2019 for use on a particular project. All HCFC-123 used to service such appliances on or after January 1, 2021 must be used, recovered, or recycled. (6) Effective January 1, 2030, no person may introduce into interstate commerce or use any class II controlled substance (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for export to Article 5 Parties under § 82.18(a); as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section. (7) Effective January 1, 2040, no person may introduce into interstate commerce or use any class II controlled substance (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction, as a transhipment or heel, or for exemptions permitted in paragraph (f) of this section. (8) No person may sell or distribute, or offer for sale or distribution, any class II substance that they know, or have reason to know, was imported in violation of this section, except for such actions needed to re-export the controlled substance. Every kilogram of a controlled substance imported in contravention of this paragraph (g)(8) that is sold or distributed, or offered for sale or distribution, constitutes a separate violation of this subpart. [68 FR 2848, Jan. 21, 2003, as amended at 69 FR 34031, June 17, 2004; 71 FR 41171, July 20, 2006; 74 FR 66445, Dec. 15, 2009; 79 FR 16686, Mar. 26, 2014; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020; 85 FR 15296, Mar. 17, 2020] § 82.16 Phaseout schedule of class II controlled substances. (a)(1) Calendar-year allowances. Table 1 to Paragraph ( a Control period Percent of HCFC-141b Percent of HCFC-22 Percent of HCFC-142b Percent of HCFC-123 Percent of HCFC-124 Percent of HCFC-225ca Percent of HCFC-225cb 2003 0 100 100 2004 0 100 100 2005 0 100 100 2006 0 100 100 2007 0 100 100 2008 0 100 100 2009 0 100 100 2010 0 41.9 0.47 0 125 125 125 2011 0 32 4.9 0 125 125 125 2012 0 17.7 4.9 0 125 125 125 2013 0 30.1 4.9 0 125 125 125 2014 0 26.1 4.9 0 125 125 125 2015 0 21.7 0.37 0 5 0 0 2016 0 21.7 0.32 0 5 0 0 2017 0 21.7 0.26 0 5 0 0 2018 0 21.7 0.21 0 5 0 0 2019 0 21.7 0.16 0 5 0 0 2020 0 0 0 0 5.0 0 0 2021 0 0 0 0 5.0 0 0 2022 0 0 0 0 5.0 0 0 2023 0 0 0 0 4.4 0 0 2024 0 0 0 0 3.8 0 0 2025 0 0 0 0 3.2 0 0 2026 0 0 0 0 2.5 0 0 2027 0 0 0 0 1.9 0 0 2028 0 0 0 0 1.3 0 0 2029 0 0 0 0 0.7 0 0 2030 0 0 0 0 0 0 0 Table 2 to Paragraph ( a Control period Percent of HCFC-141b Percent of HCFC-22 Percent of HCFC-142b Percent of HCFC-123 Percent of HCFC-124 Percent of HCFC-225ca Percent of HCFC-225cb 2003 0 100 100 2004 0 100 100 2005 0 100 100 2006 0 100 100 2007 0 100 100 2008 0 100 100 2009 0 100 100 2010 0 41.9 0.47 125 125 125 125 2011 0 32 4.9 125 125 125 125 2012 0 17.7 4.9 125 125 125 125 2013 0 18 4.9 125 125 125 125 2014 0 14.2 4.9 125 125 125 125 2015 0 7 1.7 100 8.3 0 0 2016 0 5.6 1.5 100 8.3 0 0 2017 0 4.2 1.2 100 8.3 0 0 2018 0 2.8 1 100 8.3 0 0 2019 0 1.4 0.7 100 8.3 0 0 2020 0 0 0 32.3 8.3 0 0 2021 0 0 0 32.3 8.3 0 0 2022 0 0 0 32.3 8.3 0 0 2023 0 0 0 28.4 7.3 0 0 2024 0 0 0 24.4 6.3 0 0 2025 0 0 0 20.4 5.3 0 0 2026 0 0 0 16.4 4.2 0 0 2027 0 0 0 12.5 3.2 0 0 2028 0 0 0 8.5 2.2 0 0 2029 0 0 0 4.5 1.1 0 0 2030 0 0 0 0 0 0 0 (2) Recoupment allowances. (b) Effective January 1, 2003, no person may produce HCFC-141b except for use in a process resulting in its transformation or its destruction, for export under § 82.18(a) using unexpended Article 5 allowances, for export under § 82.18(b) using unexpended export production allowances, for HCFC-141b exemption needs using unexpended HCFC-141b exemption allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2003, no person may import HCFC-141b (other than transhipments, heels or used class II controlled substances) in excess of the quantity of unexpended HCFC-141b exemption allowances held by that person except for use in a process resulting in its transformation or its destruction, or for exemptions permitted in § 82.15(f). (c) Effective January 1, 2010, no person may produce HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, for use in equipment manufactured before January 1, 2010, for export under § 82.18(a) using unexpended Article 5 allowances, or for export under § 82.18(b) using unexpended export production allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2010, no person may import HCFC-22 or HCFC-142b (other than transhipments, heels or used class II controlled substances) for any purpose other than for use in a process resulting in their transformation or their destruction, for exemptions permitted in § 82.15(f), or for use in equipment manufactured prior to January 1, 2010. (d) Effective January 1, 2015, no person may produce class II controlled substances not previously controlled for any purpose other than for use in a process resulting in their transformation or their destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part, for export under § 82.18(a) using unexpended Article 5 allowances, for export under § 82.18(b) using unexpended export production allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2015, no person may import class II controlled substances not subject to the requirements of paragraph (b) or (c) of this section (other than transhipments, heels, or used class II controlled substances) for any purpose other than for use in a process resulting in their transformation or their destruction, for exemptions permitted in § 82.15(f), for use as a refrigerant in equipment manufactured prior to January 1, 2020, or for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part. (e)(1) Effective January 1, 2020, no person may produce HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, for export under § 82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2020, no person may import HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction or for exemptions permitted in § 82.15(f). (2) Effective January 1, 2020, no person may produce HCFC-123 for any purpose other than for use in a process resulting in its transformation or its destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for export under § 82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2020, no person may import HCFC-123 for any purpose other than for use in a process resulting in its transformation or its destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for use as a fire suppression streaming agent in equipment manufactured before January 1, 2020 and listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications, or for exemptions permitted in § 82.15(f). (f) Effective January 1, 2030, no person may produce class II controlled substances, for any purpose other than for use in a process resulting in their transformation or their destruction, for export under § 82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2030, no person may import class II controlled substances for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in § 82.15(f). (g) Effective January 1, 2040, no person may produce class II controlled substances for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in § 82.15(f). (h) [Reserved] [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41171, July 20, 2006; 74 FR 66446, Dec. 15, 2009; 76 FR 47467, Aug. 5, 2011; 78 FR 20027, Apr. 3, 2013; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020] § 82.17 Apportionment of baseline production allowances for class II controlled substances. The following persons are apportioned baseline production allowances for HCFC-22, HCFC-141b, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb as set forth in the following table: Person Controlled substance Allowances AGC Chemicals Americas HCFC-225ca 266,608 HCFC-225cb 373,952 Arkema HCFC-22 46,692,336 HCFC-141b 24,647,925 HCFC-142b 484,369 DuPont HCFC-22 42,638,049 HCFC-124 2,269,210 Honeywell HCFC-22 37,378,252 HCFC-141b 28,705,200 HCFC-142b 2,417,534 HCFC-124 1,759,681 MDA Manufacturing HCFC-22 2,383,835 Solvay Specialty Polymers USA, LLC HCFC-142b 6,541,764 [79 FR 64287, Oct. 28, 2014] § 82.18 Availability of production in addition to baseline production allowances for class II controlled substances. (a) Article 5 allowances. (2) Effective January 1, 2010, a person apportioned baseline production allowances under § 82.17 for HCFC-141b, HCFC-22, or HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (3) Effective January 1, 2015, a person apportioned baseline production allowances under § 82.17 for HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (b) Export Production Allowances. (2) [Reserved] (c) International trades of production allowances, export production allowances and Article 5 allowances. (2) Trade from a Party—Information requirements. (A) The maximum production that the nation is allowed under the Protocol minus the quantity (in kilograms) to be traded; (B) The maximum production that is allowed under the nation's applicable domestic law minus the quantity (in kilograms) to be traded; or (C) The average of the nation's actual national production level for the three years prior to the trade minus the production to be traded. (ii) A person requesting a trade from a Party must also submit to the Administrator a true copy of the document that sets forth the following: (A) The identity and address of the person; (B) The identity of the Party; (C) The names and telephone numbers of contact persons for the person and for the Party; (D) The chemical type and quantity (in kilograms) of production being traded; (E) Documentation that the Party possesses the necessary quantity of unexpended production rights; (F) The control period(s) to which the trade applies; and (G) For increased production intended for export to the Party from whom the allowances would be received, a signed statement of intent to export to the Party. (3) Trade to a Party—Information requirements. (i) The identity and address of the person; (ii) The identity of the Party; (iii) The names and telephone numbers of contact persons for the person and for the Party; (iv) The chemical type and quantity (in kilograms) of allowable production being traded; and (v) The control period(s) to which the trade applies. (4) Review of international trade request to a Party. (i) Possible creation of domestic economic hardship; (ii) Possible effects on trade; (iii) Potential environmental implications; and (iv) The total quantity of unexpended production allowances held by U.S. entities. (5) Notice of trade. (i) For trades from a Party, the Administrator will issue a notice revising the allowances held by the recipient of the trade to equal the unexpended production allowances, unexpended export production allowances, or unexpended Article 5 allowances held by the recipient of the trade under this subpart plus the quantity of allowable production traded from the Party. (ii) For trades to a Party, the Administrator will issue a notice revising the production limit for the trader to equal the lesser of: (A) The unexpended production allowances, unexpended export production allowances or unexpended Article 5 allowances held by the trade or minus the quantity traded; or (B) The unexpended production allowances held by the trader minus the amount by which the U.S. average annual production of the class II controlled substance being traded for the three years prior to the trade is less than the total allowable production of that class II controlled substance under this subpart minus the amount traded; or (C) The total U.S. allowable production of the class II controlled substance being traded minus the three-year average of the actual annual U.S. production of the class II controlled substance prior to the control period of the trade. (6) Revised notices of production limits for subsequent traders. If after one person obtains approval of a trade of allowable production of a class II controlled substance to a Party and other persons obtain approval for trades of the same class II controlled substance during the same control period, the Administrator will issue revised notices. The notices will revise the production limits for each of the other persons trading to equal the lesser of: (i) The unexpended production allowances, unexpended export production allowances or unexpended Article 5 allowances held by the trader under this subpart minus the quantity traded; or (ii) The result of the following set of calculations: (A) The total U.S. allowable production of the class II controlled substance minus the three-year average of the actual annual U.S. production of the class II controlled substance prior to the control period of the trade; (B) The quantity traded divided by the total quantity traded by all the other persons trading the same class II controlled substance in the same control period; (C) The result of paragraph (c)(6)(ii)(A) of this section multiplied by the result of paragraph (c)(6)(ii)(B) of this section; (D) The quantity derived in paragraph (c)(6)(i) of this section, minus the result of paragraph (c)(6)(ii)(C) of this section; (7) Production limit for previous traders. The Administrator will also issue a notice revising the production limit for each trader who previously obtained approval of a trade of the class II controlled substance to a Party in the same control period to equal the result of the following set of calculations: (i) The total U.S. allowable production of the class II controlled substance minus the three-year average of the actual annual U.S. production of the class II controlled substance prior to the control period of the trade; (ii) The quantity traded by the person divided by the quantity traded by all the persons who have traded that class II controlled substance in that control period; (iii) The result of paragraph (c)(7)(i) of this section multiplied by the result of paragraph (c)(7)(ii) of this section. (iv) The unexpended production allowances, unexpended export production allowances or unexpended Article 5 allowances held by the person plus the result of paragraph (c)(7)(iii) of this section; (8) Effective date of revised production limits. The change in production allowances, export production allowances or Article 5 allowances will be effective on the date that the notice is issued. [68 FR 2848, Jan. 21, 2003, as amended at 74 FR 66446, Dec. 15, 2009; 79 FR 16687, Mar. 26, 2014] § 82.19 Apportionment of baseline consumption allowances for class II controlled substances. The following persons are apportioned baseline consumption allowances for HCFC-22, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb as set forth in the following table: Person Controlled substance Allowances ABCO Refrigeration Supply HCFC-22 279,366 AGC Chemicals Americas HCFC-225ca 285,328 HCFC-225cb 286,832 Altair Partners HCFC-22 302,011 Arkema HCFC-22 48,637,642 HCFC-141b 25,405,570 HCFC-142b 483,827 HCFC-124 3,719 Carrier HCFC-22 54,088 Continental Industrial Group HCFC-141b 20,315 Coolgas, Inc. HCFC-141b 16,097,869 Combs Investment Property HCFC-22 1,040,458 HCFC-123 19,980 HCFC-124 3,742 Discount Refrigerants HCFC-141b 994 DuPont HCFC-22 38,814,862 HCFC-141b 9,049 HCFC-142b 52,797 HCFC-123 1,877,042 HCFC-124 743,312 H.G. Refrigeration Supply HCFC-22 40,068 Honeywell HCFC-22 35,392,492 HCFC-141b 20,749,489 HCFC-142b 1,315,819 HCFC-124 1,284,265 ICC Chemical Corp. HCFC-141b 81,225 ICOR HCFC-124 81,220 Mexichem Fluor Inc. HCFC-22 2,546,305 Kivlan & Company HCFC-22 2,081,018 MDA Manufacturing HCFC-22 2,541,545 Mondy Global HCFC-22 281,824 National Refrigerants HCFC-22 5,528,316 HCFC-123 72,600 HCFC-124 50,380 Perfect Technology Center, LP HCFC-123 9,100 Refricenter of Miami HCFC-22 381,293 Refricentro HCFC-22 45,979 R-Lines HCFC-22 63,172 Saez Distributors HCFC-22 37,936 Solvay Fluorides, LLC HCFC-22 3,781,691 HCFC-141b 3,940,115 Solvay Specialty Polymers USA, LLC HCFC-142b 194,536 Tulstar Products HCFC-141b 89,913 HCFC-123 34,800 HCFC-124 229,582 USA Refrigerants HCFC-22 14,865 [79 FR 64288, Oct. 28, 2014] § 82.20 Availability of consumption allowances in addition to baseline consumption allowances for class II controlled substances. (a) A person may obtain at any time during the control period, in accordance with the provisions of this section, consumption allowances equivalent to the quantity of class II controlled substances that the person exported from the United States and its territories to a foreign state in accordance with this section, when that quantity of class II controlled substance was produced in the U.S. or imported into the United States with expended consumption allowances. Both the export of the class II controlled substance and the request for additional consumption allowances must occur during a calendar year in which consumption allowances were issued for that class II controlled substance. (1) The exporter must submit to the Administrator a request for consumption allowances setting forth the following: (i) The identities and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The names and telephone numbers of contact persons for the exporter and the recipient; (iv) The quantity (in kilograms) and type of class II controlled substances reported; (v) The source of the class II controlled substances and the date purchased; (vi) The date on which, and the port from which, the class II controlled substances were exported from the U.S. or its territories; (vii) The country to which the class II controlled substances were exported; (viii) A copy of the bill of lading and the invoice indicating the net quantity (in kilograms) of class II controlled substances shipped and documenting the sale of the class II controlled substances to the purchaser; (ix) The commodity codes of the class II controlled substances reported; and (x) A written statement from the producer that the class II controlled substances were produced with expended allowances or a written statement from the importer that the class II controlled substances were imported with expended allowances. (2) The Administrator will review the information and documentation submitted under paragraph (a)(1) of this section and will issue a notice. (i) The Administrator will determine the quantity of class II controlled substances that the documentation verifies was exported and issue consumption allowances equivalent to the quantity of class II controlled substances that were exported. (A) The grant of the consumption allowances will be effective on the date the notice is issued. (B) The consumption allowances will be granted to the person the exporter indicates, whether it is the producer, the importer, or the exporter. (ii) The Administrator will issue a notice that the consumption allowances are not granted if the Administrator determines that the information and documentation do not satisfactorily substantiate the exporter's claims. (b) International trades of consumption allowances. (2) Trade from a Party—Information requirements. A person must submit the following information to the Administrator: (i) A signed document from the principal diplomatic representative in the Polish or Norwegian embassy in the U.S. stating that the appropriate authority within that nation will establish or revise consumption limits for the nation to equal the lowest of the following three consumption quantities: (A) The maximum consumption that the nation is allowed under the Protocol minus the quantity (in kilograms) traded; (B) The maximum consumption that is allowed under the nation's applicable domestic law minus the quantity (in kilograms) traded; or (C) The average of the nation's actual consumption level for the three years prior to the trade minus the consumption traded. (ii) A person requesting a consumption trade from Poland or Norway must also submit to the Administrator a true copy of the document that sets forth the following: (A) The identity and address of the person; (B) The identity of the Party; (C) The names and telephone numbers of contact persons for the person and for the Party; (D) The chemical type and quantity (in kilograms) of consumption being traded; (E) Documentation that the Party possesses the necessary quantity of unexpended consumption rights; (F) The control period(s) to which the trade applies; and (3) Notice of trade. (4) Trade from a Party. (5) Effective date of revised consumption limits. [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 79 FR 64288, Oct. 28, 2014] §§ 82.21-82.22 [Reserved] § 82.23 Transfers of allowances of class II controlled substances. (a) Inter-company transfers. (i) The transferor must submit to the Administrator a transfer claim setting forth the following: (A) The identities and addresses of the transferor and the transferee; (B) The name and telephone numbers of contact persons for the transferor and the transferee; (C) The type of allowances being transferred, including the names of the class II controlled substances for which allowances are to be transferred; (D) The quantity (in kilograms) of allowances being transferred; (E) The control period(s) for which the allowances are being transferred; (F) [Reserved] (G) For trades of consumption allowances, production allowances, export production allowances, or Article 5 allowances, the quantity of the 0.1 percent offset applied to the unweighted quantity traded that will be deducted from the transferor's allowance balance. (ii) The Administrator will determine whether the records maintained by EPA indicate that the transferor possesses unexpended allowances sufficient to cover the transfer claim on the date the transfer claim is processed. The transfer claim is the quantity (in kilograms) to be transferred plus 0.1 percent of that quantity. The Administrator will take into account any previous transfers, any production, and allowable imports and exports of class II controlled substances reported by the transferor. Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the transferor and transferee as follows: (A) The Administrator will issue a notice indicating that EPA does not object to the transfer if EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim. In the case of transfers of production or consumption allowances, EPA will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus 0.1 percent of that quantity. In the case of transfers of export production or Article 5 allowances, EPA will reduce the transferor's balance of unexpended allowances, respectively, by the quantity to be transferred plus 0.1 percent of that quantity. The transferor and the transferee may proceed with the transfer when EPA issues a no objection notice. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee, where applicable, will be held liable for any knowing violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer. (B) The Administrator will issue a notice disallowing the transfer if EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, or that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination. Either party may file a notice of appeal, with supporting reasons, with the Administrator within 10 working days after receipt of notification. The Administrator may affirm or vacate the disallowance. If no appeal is taken by the tenth working day after notification, the disallowance shall be final on that day. (iii) The transferor and transferee may proceed with the transfer if the Administrator does not respond to a transfer claim within the three working days specified in paragraph (a)(1)(ii) of this section. In the case of transfers of production or consumption allowances, EPA will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus 0.1 percent of that quantity. In the case of transfers of export production allowances or Article 5 allowances, EPA will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus 0.1 percent of that quantity. If EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and/or the transferee, where applicable, will be held liable for any knowing violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer. (b) Inter-pollutant transfers. (i) A person (transferor) may only convert allowances for one class II controlled substance for which EPA has issued allowances under § 82.16 to another class II controlled substance for which EPA has issued allowances under § 82.16. (ii) [Reserved] (2) Inter-pollutant transfers will be permitted at any time during the control period and during the 30 days after the end of a control period. (3) The transferor must submit to the Administrator a transfer claim that includes the following: (i) The identity and address of the transferor; (ii) The name and telephone number of a contact person for the transferor; (iii) The type of allowances being converted, including the names of the class II controlled substances for which allowances are to be converted; (iv) The quantity (in kilograms) and type of allowances to be converted; (v) The quantity (in kilograms) of allowances to be subtracted from the transferor's unexpended allowances for the first class II controlled substance, to be equal to 100.1 percent of the quantity of allowances converted; (vi) The quantity (in kilograms) of allowances to be added to the transferee's unexpended allowances for the second class II controlled substance, to be equal to the quantity (in kilograms) of allowances for the first class II controlled substance being converted multiplied by the quotient of the ozone depletion potential of the first class II controlled substance divided by the ozone depletion potential of the second class II controlled substance, as listed in Appendix B to this subpart; (vii) The control period(s) for which the allowances are being converted; and (viii) The quantity (in kilograms) of unexpended allowances of the type and for the control period being converted that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA. (4) The Administrator will determine whether the records maintained by EPA indicate that the convertor possesses unexpended allowances sufficient to cover the transfer claim on the date the transfer claim is processed ( i.e., (i) The Administrator will issue a notice indicating that EPA does not object to the transfer if EPA's records show that the convertor has sufficient unexpended allowances to cover the transfer claim. EPA will reduce the transferor's balance of unexpended allowances by the quantity to be converted plus 0.1 percent of that quantity (in kilograms). When EPA issues a no objection notice, the transferor may proceed with the transfer. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer. (ii) The Administrator will issue a notice disallowing the transfer if EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, or that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination. The transferor may file a notice of appeal, with supporting reasons, with the Administrator within 10 working days after receipt of notification. The Administrator may affirm or vacate the disallowance. If no appeal is taken by the tenth working day after notification, the disallowance shall be final on that day. (iii) The transferor may proceed with the transfer if the Administrator does not respond to a transfer claim within the three working days specified in paragraph (b)(4) of this section. EPA will reduce the transferor's balance of unexpended allowances by the quantity (in kilograms) to be converted plus 0.1 percent of that quantity (in kilograms). The transferor will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer if EPA ultimately finds that the transferor did not have sufficient unexpended allowances or credits to cover the claim. (c) Inter-company transfers and Inter-pollutant transfers. (d) Permanent transfers. [68 FR 2848, Jan. 21, 2003, as amended at 78 FR 20028, Apr. 3, 2013; 85 FR 15298, Mar. 17, 2020] § 82.24 Recordkeeping and reporting requirements for class II controlled substances. (a) Recordkeeping and reporting. (1) Reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period, unless otherwise specified. Starting May 18, 2020, reports that are available for submission through the Central Data Exchange or another format specified by EPA must be submitted electronically through that tool. (2) Revisions of reports that are required by this section must be mailed to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified. (3) Records and copies of reports required by this section must be retained for three years. (4) Quantities of class II controlled substances must be stated in terms of kilograms in reports required by this section. (5) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act and under 18 U.S.C. 1001. (b) Producers. (1) Reporting—Producers. (i) The quantity (in kilograms) of production of each class II controlled substance used in processes resulting in their transformation by the producer and the quantity (in kilograms) intended for transformation by a second party; (ii) The quantity (in kilograms) of production of each class II controlled substance used in processes resulting in their destruction by the producer and the quantity (in kilograms) intended for destruction by a second party; (iii) The expended allowances for each class II controlled substance; (iv) [Reserved] (v) The quantity (in kilograms) of class II controlled substances sold or transferred during the quarter to a person other than the producer for use in processes resulting in their transformation or eventual destruction; (vi) A list of the quantities and names of class II controlled substances, exported by the producer to a Party to the Protocol, that will be transformed or destroyed and therefore were not produced expending production or consumption allowances; (vii) For transformation in the U.S. or by a person of another Party, one copy of a transformation verification from the transformer for a specific class II controlled substance and a list of additional quantities shipped to that same transformer for the quarter; (viii) For destruction in the U.S. or by a person of another Party, one copy of a destruction verification as required in paragraph (e) of this section for a particular destroyer, destroying the same class II controlled substance, and a list of additional quantities shipped to that same destroyer for the quarter; and (ix) [Reserved] (x) In cases where the producer produced class II controlled substances using Article 5 allowances, a list of U.S. entities that purchased those class II controlled substances and exported them to Article 5 countries. (2) Recordkeeping—Producers. (i) Dated records of the quantity (in kilograms) of each class II controlled substance produced at each facility; (ii) Dated records of the quantity (in kilograms) of class II controlled substances produced for use in processes that result in their transformation or for use in processes that result in their destruction; (iii) Dated records of the quantity (in kilograms) of class II controlled substances sold for use in processes that result in their transformation or for use in processes that result in their destruction; (iv) Dated records of the quantity (in kilograms) of class II controlled substances produced with Article 5 allowances; (v) Copies of invoices or receipts documenting sale of class II controlled substances for use in processes that result in their transformation or for use in processes that result in their destruction; (vi) Dated records of the quantity (in kilograms) of each class II controlled substance used at each facility as feedstocks or destroyed in the manufacture of a class II controlled substance or in the manufacture of any other substance, and any class II controlled substance introduced into the production process of the same class II controlled substance at each facility; (vii) Dated records of the quantity (in kilograms) of raw materials and feedstock chemicals used at each facility for the production of class II controlled substances; (viii) Dated records of the shipments of each class II controlled substance produced at each plant; (ix) The quantity (in kilograms) of class II controlled substances, the date received, and names and addresses of the source of used materials containing class II controlled substances which are recycled or reclaimed at each plant; (x) Records of the date, the class II controlled substance, and the estimated quantity of any spill or release of a class II controlled substance that equals or exceeds 100 pounds; (xi) Transformation verification in the case of transformation, or the destruction verification in the case of destruction as required in paragraph (e) of this section showing that the purchaser or recipient of a class II controlled substance, in the U.S. or in another country that is a Party, certifies the intent to either transform or destroy the class II controlled substance, or sell the class II controlled substance for transformation or destruction in cases when allowances were not expended; and (xii) [Reserved] (xiii) Written verifications from a U.S. purchaser that the class II controlled substance was exported to an Article 5 country in cases where Article 5 allowances were expended to produce the class II controlled substance. (3) For any person who fails to maintain the records required by this paragraph, or to submit the report required by this paragraph, the Administrator may assume that the person has produced at full capacity during the period for which records were not kept, for purposes of determining whether the person has violated the prohibitions at § 82.15. (c) Importers. (1) Reporting—Importers. (i) Summaries of the records required in paragraphs (c)(2)(i) through (xvi) of this section for the previous quarter; (ii) The total quantity (in kilograms) imported of each class II controlled substance for that quarter; (iii) The commodity code for the class II controlled substances imported, which must be one of those listed in appendix K to this subpart; (iv) The quantity (in kilograms) of those class II controlled substances imported that are used class II controlled substances; (v) The quantity (in kilograms) of class II controlled substances imported for that quarter and totaled by chemical for the control period to date; (vi) [Reserved] (vii) The quantity (in kilograms) of class II controlled substances imported for use in processes resulting in their transformation or destruction; (viii) The quantity (in kilograms) of class II controlled substances sold or transferred during that quarter to each person for use in processes resulting in their transformation or eventual destruction; and (ix) Transformation verifications showing that the purchaser or recipient of imported class II controlled substances intends to transform those substances or destruction verifications showing that the purchaser or recipient intends to destroy the class II controlled substances (as provided in paragraph (e) of this section). (2) Recordkeeping—Importers. (i) The quantity (in kilograms) of each class II controlled substance imported, either alone or in mixtures, including the percentage of each mixture which consists of a class II controlled substance; (ii) The quantity (in kilograms) of those class II controlled substances imported that are used and the information provided with the petition where a petition is required under paragraph (c)(3) of this section; (iii) The quantity (in kilograms) of class II controlled substances other than transhipments or used substances imported for use in processes resulting in their transformation or destruction; (iv) The quantity (in kilograms) of class II controlled substances other than transhipments or used substances imported and sold for use in processes that result in their destruction or transformation; (v) The date on which the class II controlled substances were imported; (vi) The port of entry through which the class II controlled substances passed; (vii) The country from which the imported class II controlled substances were imported; (viii) The commodity code for the class II controlled substances shipped, which must be one of those listed in appendix K to this subpart; (ix) The importer number for the shipment; (x) A copy of the bill of lading for the import; (xi) The invoice for the import; (xii) The quantity (in kilograms) of imports of used class II controlled substances; (xiii) The U.S. Customs entry number; (xiv) Dated records documenting the sale or transfer of class II controlled substances for use in processes resulting in their transformation or destruction; and (xv) Copies of transformation verifications or destruction verifications indicating that the class II controlled substances will be transformed or destroyed (as provided in paragraph (e) of this section). (3) Petition to import used class II controlled substances and transhipment-Importers. (i) The name, commodity code and quantity (in kilograms) of the used class II controlled substance to be imported; (ii) The name and address of the importer, the importer ID number, the contact person, email address, and phone number; (iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used class II controlled substance was recovered; (iv) A detailed description of the previous use of the class II controlled substance at each source facility and a best estimate of when the specific controlled substance was put into the equipment at each source facility, and, when possible, documents indicating the date the material was put into the equipment; (v) A list of the name, make and model number of the equipment from which the material was recovered at each source facility; (vi) Name, address, contact person, email address, and phone number of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility; (vii) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the chemical. If at the time of submitting a petition the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the chemical, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the actual U.S. Customs entry of the individual shipment; (viii) A description of the intended use of the used class II controlled substance, and, when possible, the name, address, contact person, email address, and phone number of the ultimate purchaser in the United States; (ix) The name, address, contact person, email address, and phone number of the U.S. reclamation facility, where applicable; (x) If someone at the source facility recovered the class II controlled substance from the equipment, the name, email address, and phone number of that person; (xi) If the imported class II controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment; (xii) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; (xiii) If the imported used class II controlled substance is intended to be sold as a refrigerant in the United States, the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part, if not already reclaimed to those specifications; and (xiv) A certification of accuracy of the information submitted in the petition. (4) Review of petition to import used class II controlled substances and transhipments—Importers. (i) The Administrator may issue an objection notice to a petition for the following reasons: (A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under paragraph (c)(3) of this section or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used; (B) If the Administrator determines that any portion of the petition contains false or misleading information, or the Administrator has information from other U.S. or foreign government agencies indicating that the petition contains false or misleading information; (C) If the transaction appears to be contrary to provisions of the Vienna Convention on Substances that Deplete the Ozone Layer, the Montreal Protocol and Decisions by the Parties, or the non-compliance procedures outlined and instituted by the Implementation Committee of the Montreal Protocol; (D) If the appropriate government agency in the exporting country has not agreed to issue an export license for the cited individual shipment of used class II controlled substance; (E) If reclamation capacity is installed or is being installed for that specific class II controlled substance in the country of recovery or country of export and the capacity is funded in full or in part through the Multilateral Fund. (ii) Within ten (10) working days after receipt of the objection notice, the importer may re-petition the Administrator, only if the Administrator indicated “insufficient information” as the basis for the objection notice. If no appeal is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one re-petition will be accepted for any original petition received by EPA. (iii) Any information contained in the re-petition which is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition. (iv) In cases where the Administrator does not object to the petition based on the criteria listed in paragraph (c)(4)(i) of this section, the Administrator will issue a non-objection notice. (v) To pass the approved used class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs. (vi) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to: (A) Revoke the non-objection notice; (B) Pursue all means to ensure that the class II controlled substance is not imported into the U.S.; and (C) Take appropriate enforcement actions. (vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice. (viii) A person receiving a non-objection notice from the Administrator for a petition to import used class II controlled substances must maintain the following records: (A) A copy of the petition; (B) The EPA non-objection notice; (C) The bill of lading for the import; and (D) The U.S. Customs entry number. (5) Recordkeeping for transhipments—Importers. Any person who tranships a class II controlled substance must maintain records that indicate: (i) That the class II controlled substance shipment originated in a foreign country; (ii) That the class II controlled substance shipment is destined for another foreign country; and (iii) That the class II controlled substance shipment will not enter interstate commerce within the U.S. (6) Certification of intent to import for destruction. (i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name and address of any intermediary who aggregates controlled substances imported for destruction, and the contact person's name, email address, and phone number; (iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the material. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States; (v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility; (vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and (vii) A certification of accuracy of the information submitted in the certification. (7) Destruction verification. (8) Review of certification of intent to import for destruction. (ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under paragraph (c)(6) of this section or for the reasons listed in paragraphs (c)(4)(i)(B) through (E) of this section. (iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice. (iv) To pass the approved class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs. (v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to: (A) Revoke the non-objection notice; (B) Pursue all means to ensure that the class II controlled substance is not imported into the United States; and (C) Take appropriate enforcement actions. (9) Timing of import. (10) Additional recordkeeping requirements—importers of used, recycled, or reclaimed controlled substances. (i) A copy of the certificate of intent to import for destruction; (ii) The EPA non-objection notice; (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export; (iv) U.S. Customs entry documents for the import that must include one of the commodity codes from appendix K to this subpart; (v) The date, amount, and type of controlled substance sent for destruction, per shipment; (vi) An invoice from the destruction facility verifying the shipment was received; (vii) A copy of the destruction verification from the destruction facility; and (viii) An English translation of the document in paragraph (c)(10)(iii) of this section. (11) Recordkeeping requirements-aggregators. (i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction; (ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance imported for destruction; (iii) Maintain records that include the date and quantity of the imported controlled substance received for destruction; (iv) Maintain records that include the date and quantity of the imported controlled substance sent for destruction; and (v) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification. (d) Exporters. (1) Reporting requirements—exporters. (i) The names and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The type and quantity of each class II controlled substance exported, including the quantity of controlled substance that is used, reclaimed, or recycled; (iv) The date on which, and the port from which, the class II controlled substances were exported from the U.S. or its territories; (v) The country to which the class II controlled substances were exported; (vi) The quantity (in kilograms) exported to each Article 5 country; (vii) The commodity code for the class II controlled substances shipped, which must be one of those listed in appendix K to this subpart; (viii) For persons reporting transformation or destruction, the invoice or sales agreement containing language similar to the transformation verifications that the purchaser or recipient of imported class II controlled substances intends to transform those substances, or destruction verifications showing that the purchaser or recipient intends to destroy the class II controlled substances (as provided in paragraph (e) of this section). (2) [Reserved] (3) Reporting Article 5 allowances—Exporters. (i) The Employer Identification Number of the shipper or their agent; and (ii) The exporting vessel on which the class II controlled substances were shipped. (4) Reporting used class II controlled substances—Exporters. (e) Transformation and destruction. (1) Recordkeeping—Transformation and destruction. (i) Copies of the invoices or receipts documenting the sale or transfer of the class II controlled substances to the person; (ii) Records identifying the producer or importer of the class II controlled substances received by the person; (iii) Dated records of inventories of class II controlled substances at each plant on the first day of each quarter; (iv) Dated records of the quantity (in kilograms) of each class II controlled substance transformed or destroyed; (v) In the case where class II controlled substances were purchased or transferred for transformation purposes, a copy of the person's transformation verification as provided under paragraph (e)(3)of this section. (vi) Dated records of the names, commercial use, and quantities (in kilograms) of the resulting chemical(s) when the class II controlled substances are transformed; and (vii) Dated records of shipments to purchasers of the resulting chemical(s) when the class II controlled substances are transformed. (viii) In the case where class II controlled substances were purchased or transferred for destruction purposes, a copy of the person's destruction verification, as provided under paragraph (e)(5) of this section. (2) Reporting—Transformation and destruction. (i) The names and quantities (in kilograms) of the class II controlled substances transformed for each control period within 45 days of the end of such control period; and (ii) The names and quantities (in kilograms) of the class II controlled substances destroyed for each control period within 45 days of the end of such control period. (3) Reporting—Transformation. (i) The transformation verification shall include the following: (A) Identity and address of the person intending to transform the class II controlled substances; (B) The quantity (in kilograms) of class II controlled substances intended for transformation; (C) Identity of shipments by purchase order number(s), purchaser account number(s), by location(s), or other means of identification; (D) Period of time over which the person intends to transform the class II controlled substances; and (E) Signature of the verifying person. (ii) [Reserved] (4) Reporting—Destruction. (i) The destruction unit's destruction efficiency; (ii) The methods used to record the volume destroyed; (iii) The methods used to determine destruction efficiency; (iv) The name of other relevant federal or state regulations that may apply to the destruction process; (v) Any changes to the information in paragraphs (e)(4)(i), (ii), and (iii) of this section must be reflected in a revision to be submitted to EPA within 60 days of the change(s). (5) Reporting—Destruction. (i) The destruction verification shall include the following: (A) Identity and address of the person intending to destroy class II controlled substances; (B) Indication of whether those class II controlled substances will be completely destroyed, as defined in § 82.3, or less than completely destroyed, in which case the destruction efficiency at which such substances will be destroyed must be included; (C) Period of time over which the person intends to destroy class II controlled substances; and (D) Signature of the verifying person. (ii) [Reserved] (f) Heels-Recordkeeping and reporting. (1) Indicate on the bill of lading or invoice that the class II controlled substance in the container is a heel. (2) Report within 30 days of the end of the control period the quantity (in kilograms) brought into the U.S. and certify: (i) That the residual quantity (in kilograms) in each shipment is no more than 10 percent of the volume of the container; (ii) That the residual quantity (in kilograms) in each shipment will either: (A) Remain in the container and be included in a future shipment; (B) Be recovered and transformed; (C) Be recovered and destroyed; or (D) Be recovered for a non-emissive use. (3) Report on the final disposition of each shipment within 30 days of the end of the control period. (g) Process agents. (1) Reporting—one-time report. (i) The name and address of each facility and plant, and each responsible person's name, email address, and phone number; (ii) The name, purpose, and final product manufactured of each process agent application that uses a class II controlled substance; (iii) The start-up date of each facility and the start-up date of each plant that uses a class II controlled substance as a process agent; (iv) For each facility, the names and amounts of each product and byproduct manufactured in the process agent application during the previous control period, including amounts destroyed or used as a feedstock; (v) For each facility, the total air, fugitive air, and stack point air emissions of class II controlled substances used as a process agent during the previous control period; (vi) For each facility, a description of technologies currently being used and actions taken or currently under evaluation to minimize use or emissions of class II controlled substances used as process agents (including estimated emissions reductions associated with each); and (vii) For each facility, a description that includes details of the percentages of class II controlled substances used as a process agent and: (A) Retained within the process agent application; (B) Consumed in the process agent application; (C) Recovered after the process agent application; (D) Emitted; and (E) Entrained in the final product. (2) Annual reports. (i) For each facility, contact information including email address and phone number for a primary and alternate contact person; (ii) For each facility, the name and amount of each class II controlled substance initially introduced into the process agent application for use as a process agent, specified independently for paragraphs (g)(2)(ii)(A) through (G) of this section by whether the class II controlled substance was: (A) Obtained as virgin; (B) Obtained as used; (C) Produced by the entity; (D) Purchased from a U.S. producer; (E) Imported; (F) Reclaimed by the entity from a different use; and (G) Reclaimed by another entity; (iii) For each facility, the name and amount of each class II controlled substance used as a process agent and reused or recycled for use by the entity for continued use in the same process agent application at the same facility; (iv) For each facility, the name and amount of each class II controlled substance used as a process agent that was ultimately: (A) Transformed; (B) Reused or recycled for use in a different process agent application; or (C) Destroyed by approved destruction technologies; (v) For each facility, the total air, fugitive air, and stack point air emissions of each class II controlled substance used as a process agent; (vi) For each facility, the names and amounts of each product and byproduct manufactured in the process agent application during the previous control period, including amounts destroyed or used as a feedstock; (vii) For each facility, a description of emission reduction actions for class II controlled substances used as a process agent taken since the last one-time or annual report, planned, or currently under evaluation; and (viii) For each entity, any process agent application changes anticipated to result in increases for the next annual report, as compared to the previous control period and the average of the three previous control periods, of the following magnitude must be specified in a report submitted to EPA at least 180 days prior to implementing the change: (A) Greater than 20 percent of the amount of class II controlled substance initially introduced for use as a process agent; or (B) At least one metric ton and 20 percent of the amount emitted during use as a process agent. (3) Recordkeeping. (i) Dated records of the quantity of each class II controlled substance initially introduced at each facility into the process application for use as a process agent; (ii) Dated records of the quantity of each class II controlled substance produced at each facility for use as a process agent; (iii) Records identifying the producer or importer of the class II controlled substance received at each facility for use as a process agent by the entity; (iv) For each facility, copies of the invoices or receipts documenting the sale or other transfer of ownership of each class II controlled substance for use as a process agent to the entity; (v) Dated records identifying the quantity of each product manufactured within each facility by using a class II controlled substance as a process agent; (vi) For each facility, records of the date and the estimated quantity of any spill or release of each class II controlled substance used as a process agent that equals or exceeds 100 pounds; (vii) For each facility, a description of the methodology used to measure and calculate emissions, and dated records of equipment parameters, measured data, supporting calculations, and other rationale used to validate reported emission quantities; (viii) For each facility, dated records of the quantity of each class II controlled substance used as a process agent which is subsequently transformed or destroyed; (ix) In the case where class II controlled substances used as a process agent were ultimately transformed by an entity other than the entity which last used the class II controlled substances as a process agent, a copy of the entity's transformation verification as provided under paragraph (e)(3) of this section; and (x) In the case where class II controlled substances used as a process agent were ultimately destroyed by an entity other than the entity which last used the class II controlled substances as a process agent, a copy of the entity's destruction verification, as provided under paragraph (e)(5) of this section. (4) Request for extension. (i) This request must include the following information: (A) Name of the facility submitting the request, contact information for a person at the facility, and the address of the facility; (B) An explanation of the reasons that an extension is necessary and the timeline that would be practicable; and (C) Supporting documentation of the circumstances. (ii) The Administrator will review the request and, within five working days of receiving a complete request, provide notification of whether the request is granted and when the report is due. (5) Notification that use has ceased. [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 81 FR 6768, Feb. 9, 2016; 85 FR 15298, Mar. 17, 2020; 89 FR 82432, Oct. 10, 2024] § 82.25 Emissions of controlled substances from industrial sources. (a) Source applicability. (1) Use of a controlled substance as a process agent. (2) [Reserved] (b) Emissions of controlled substances to report. (1) Emissions of controlled substances. (i) Each controlled substance used as a process agent. (ii) [Reserved] (2) Processes. (i) Each activity listed in paragraph (a) of this section; (ii) Each separation process for the reuse or recycling of the controlled substance; (iii) Each transformation process of the controlled substance, where the controlled substance is produced at the facility and used in processes resulting in its transformation at the same facility; (iv) Each transformation process of the controlled substance at the facility, where one or more of the controlled substances transformed at the facility is produced at another facility; and (v) Each destruction process of the controlled substance. (c) Calculating emissions for controlled substances. (1) Emission factor and emission calculation factor methods. (i) Preliminary estimate of emissions by process vent. of this section. (A) Engineering calculations. 1 2 3 ( 1 ( 2 2 i iv ( i 3 ( ii 10 ( iii system i j controlled substance ( iv controlled substance ( 3 e.g., 1 2 (B) Engineering assessments. ( 1 ( 2 ( 3 ( 4 (C) Impact of destruction for the preliminary estimate. ( 1 ( 2 (D) Use of typical recent values. e.g., (ii) Method selection for continuous process vents. (B) The remaining continuous process vents that comprise the bottom three quartiles of estimated annual emissions of controlled substances may use either the emission factor method specified in paragraph (c)(1)(iii) of this section (Emission Factor approach) or a method specified in paragraph (c)(1)(iv) of this section (Emission Calculation Factor approach). ( 1 ( 2 (iii) Process-vent-specific emission factor method. (A) Conduct a separate emissions test for operation under each operating scenario. (B) Conduct an emissions test for the operating scenario that is expected to have the largest emissions of controlled substances (considering both activity levels and emission calculation factors) on an annual basis. Also conduct an emissions test for each additional operating scenario for which the emission calculation factor differs by 15 percent or more from the emission calculation factor of the operating scenario that is expected to have the largest emissions(or of another operating scenario for which emission testing is performed), unless the difference between the operating scenarios is solely due to the application of a destruction unit to emissions under one of the operating scenarios. For any other operating scenarios, adjust the process-vent specific emission factor developed for the operating scenario that is expected to have the largest emissions (or for another operating scenario for which emission testing is performed) using the approach in paragraph (c)(1)(iii)(G) of this section. (C) Each entity must measure the process activity, such as the process feed rate, process production rate, or other process activity rate, as applicable, during the emissions test and calculate the rate for the test period, in kg (or another appropriate metric) per hour. (D) For continuous processes, each entity must calculate the hourly emission rate of each controlled substance using equation 1 to this paragraph (c)(1)(iii)(D) and determine the hourly emission rate of each controlled substance per process vent (and per operating scenario, as applicable) for the test run. Equation 1 to Paragraph (c)(1)(iii)(D) Where: E ContPV C PV MW = Molecular weight of controlled substance p (g/g-mole). Q PV SV = Standard molar volume of gas (0.0240 m 3 1/10 3 60/1 = Conversion factor (60 minutes/1 hour). (E) Each entity must calculate a site-specific, process-vent-specific emission factor for each controlled substance for each process vent and each operating scenario, in kg of controlled substance per process activity rate (e.g., kg of feed or production), as applicable, using equation 2 to this paragraph (c)(1)(iii)(E). For continuous processes, divide the hourly controlled substance emission rate during the test by the hourly process activity rate during the test runs. Equation 2 to Paragraph (c)(1)(iii)(E) Where: EF PV E PV Activity EmissionTest r = Number of test runs performed during the emission test. (F) If emissions testing is conducted upstream of the destruction unit, apply the destruction efficiencies of the device that have been demonstrated for the controlled substance in the vent stream to the controlled substance emissions for the process vent (and operating scenario, as applicable), using equation 3 to this paragraph (c)(1)(iii)(F). Each entity may apply the destruction efficiency only to the portion of the process activity during which emissions are vented to the properly functioning destruction unit ( i.e., Equation 3 to Paragraph (c)(1)(iii)(F) E PV EF PV-U Activity u Activity c DE Where: E PV EF PV-U Activity U e.g., Activity C DE = Demonstrated destruction efficiency of the destruction unit (weight fraction). (G) For process vents from processes with multiple operating scenarios, use equation 4 to this paragraph (c)(1)(iii)(G) to develop an adjusted process-vent-specific emission factor for each operating scenario whose emission calculation factor differs by less than 15 percent from the emission calculation factor of the operating scenario that is expected to have the largest emissions (or of another operating scenario for which emission testing is performed). Equation 4 to Paragraph (c)(1)(iii)(G) Where: EF PVadj ECF UT ECF T EF PV (H) Sum the emissions of each controlled substance from all process vents in each operating scenario and all operating scenarios in the process for the year to estimate the total process vent emissions of each controlled substance from the process, using equation 5 to this paragraph (c)(1)(iii)(H). Equation 5 to Paragraph (c)(1)(iii)(H) Where: E Ppi E PV v = Number of process vents in process i, operating scenario j. o = Number of operating scenarios for process i. (iv) Process-vent-specific emission calculation factor method. (A) Each entity must calculate uncontrolled emissions of controlled substances by individual process vent, E PV 3 (B) Each entity must calculate a site-specific, process-vent-specific emission calculation factor for each process vent each operating scenario, and each controlled substance, in kg of controlled substance per activity rate (e.g., kg of feed or production) as applicable, using equation 6 to this paragraph (c)(1)(iv)(B). Equation 6 to Paragraph (c)(1)(iv)(B) Where: ECF PV E PV Activity Representative = Process feed, process production, or other process activity rate corresponding to average mass of emissions based on calculations (e.g., kg product/hr for continuous, kg product/batch for batch). (C) Each entity must calculate emissions of each controlled substance for the process vent (and for each operating scenario, as applicable) for the year by multiplying the process-vent-specific emission calculation factor by the total process activity, as applicable, for the year, using equation 7 to this paragraph (c)(1)(iv)(C). Equation 7 to Paragraph (c)(1)(iv)(C) E PV ECF PV Activity Where: E PV ECF PV e.g., Activity = Process feed, process production, or other process activity for process i, operating scenario j, during the year. (D) If the process vent is vented to a destruction unit, apply the demonstrated destruction efficiency of the device to the controlled substance emissions for the process vent (and operating scenario, as applicable), using equation 8 to this paragraph (c)(1)(iv)(D). Apply the destruction efficiency only to the portion of the process activity that is vented to the properly functioning destruction unit ( i.e., Equation 8 to Paragraph (c)(1)(iv)(D) E PV ECF PV Activity u Activity c Where: E PV ECF PV e.g., Activity U e.g., Activity C DE = Demonstrated destruction efficiency of the destruction unit (weight fraction). (E) Sum the emissions of each controlled substance from all process vents in each operating scenario and all operating scenarios in the process for the year to estimate the total process vent emissions of each controlled substance from the process, using equation 9 to this paragraph (c)(1)(iv)(E). Equation 9 to Paragraph (c)(1)(iv)(E) Where: E Ppi E PV v = Number of process vents in process i, operating scenario j. o = Number of operating scenarios in process i. (2) Calculate emissions for equipment leaks (EL). (i) The emissions from equipment leaks must be calculated using any of the procedures in paragraphs (c)(2)(i)(A), (B), (C), or (D) of this section. (A) Use of Average Emission Factor Approach in EPA protocol for equipment leak emission estimates. (B) Use of Other Approaches in EPA protocol for equipment leak emission estimates in conjunction with EPA Method 21. (C) Use of Other Approaches in EPA protocol for equipment leak emission estimates in conjunction with site-specific leak monitoring methods. (D) Use of site-specific leak monitoring methods. (ii) Each entity must collect information on the number of each type of equipment, the service of each piece of equipment (gas, light liquid, heavy liquid), the concentration of each controlled substance in the stream, and the time period each piece of equipment was in service ( e.g., i.e., (iii) Calculate and sum the emissions of each controlled substance in kilograms per year for equipment pieces for each process, E ELp (3) Calculate total controlled substance emissions for each process and for production or transformation processes at the facility. Equation 10 to Paragraph (c)(3)(i) E i E Ppi E ELpi Where: E i E Ppi E ELpi (ii) Estimate annually the total mass of each controlled substance emitted at the facility from each applicable process listed in paragraph (b)(2) of this section using equation 11 to this paragraph (c)(3)(ii). Develop separate totals for each applicable process listed in paragraph (b)(2) of this section. Equation 11 to Paragraph (c)(3)(ii) Where: E = Total mass of each controlled substance p emitted from all processes listed in paragraphs (b)(2)(i) through (iv) of this section, as appropriate (kilograms). E i z = Total number of processes listed in paragraphs (b)(2)(i) through (iv) of this section, as appropriate. (4) Mass balance method. (i) To perform the calculation, you must first calculate the absolute and relative errors associated with the quantities calculated using either equations 18 through 21 to this section or equation 28 to paragraph (c)(4)(xv) of this section. Alternatively, you may estimate these errors based on the variability of previous process measurements ( e.g., (A) Where the measured quantity is a mass, the error in the mass must be equated to the accuracy or precision (whichever is larger) of the flowmeter, scale, or combination of volumetric and density measurements at the flow rate or mass measured. (B) Where the measured quantity is a concentration of a stream component, the error of the concentration must be equated to the accuracy or precision (whichever is larger) with which you estimate the mean concentration of that stream component, accounting for the variability of the process, the frequency of the measurements, and the accuracy or precision (whichever is larger) of the analytical technique used to measure the concentration at the concentration measured. If the variability of process measurements is used to estimate the error, this variability shall be assumed to account both for the variability of the process and the precision of the analytical technique. Use standard statistical techniques such as the student's t distribution to estimate the error of the mean of the concentration measurements as a function of process variability and frequency of measurement. (C) Equation 12 to this paragraph (c)(4)(i)(C) provides the general formula for calculating the absolute errors of sums and differences where the sum, S, is the summation of variables measured, a, b, c, etc. ( e.g., Equation 12 to Paragraph (c)(4)(i)(C) e SA a e a 2 b e b 2 c e c 2 1/2 Where: e SA e a e b e c (D) Equation 13 to this paragraph (c)(4)(i)(D) provides the general formula for calculating the relative errors of sums and differences. Equation 13 to Paragraph (c)(4)(i)(D) Where: e SR e SA a+b+c = Sum of the variables measured. (E) Equation 14 to this paragraph (c)(4)(i)(E) provides the general formula for calculating the absolute errors of products ( e.g., e.g., Equation 14 to Paragraph (c)(4)(i)(E) e PA a b c e 2 a e 2 b e 2 c 1/2 Where: e PA e a e b e c (F) Equation 15 to this paragraph (c)(4)(i)(F) provides the general formula for calculating the relative errors of products. Equation 15 to Paragraph (c)(4)(i)(F) Where: e PR e PA a*b*c = Product of the variables measured. (G) Calculate the absolute error of the controlled substance emissions estimate by performing a preliminary estimate of the annual controlled substance emissions of the process using the method in paragraph (c)(4)(i)(H) of this section. Multiply this result by the relative error calculated for the mass of halogen emitted from the process in equation 15 to paragraph (c)(4)(i)(F) of this section. (H) To estimate the annual controlled substance emissions of the process for use in the error estimate, apply the methods set forth in paragraphs (c)(4)(ii) through (vii) and (ix) through (xvi) of this section to representative process measurements. If these process measurements represent less than one year of typical process activity, adjust the estimated emissions to account for one year of typical process activity. To estimate the terms FERd, FEP, and FEBk for use in the error estimate for equations 22, 23, and 24 to this section, you must either use emission testing, monitoring of emitted streams, and/or engineering calculations or assessments. (ii) The total mass of each controlled substance emitted annually from each controlled substance process must be estimated by using equation 16 to this paragraph (c)(4)(ii). Equation 16 to Paragraph (c)(4)(ii) Where: E Contp E Rp Contp E Pp Contp E Bp Contp n = Number of concentration and flow measurement periods for the year. (iii) The total mass of halogen emitted from process i over the period t must be estimated at least monthly by calculating the difference between the total mass of halogen in the reactant(s) (or inputs, for processes that do not involve a chemical reaction) and the total mass of halogen in the product (or outputs, for processes that do not involve a chemical reaction), accounting for the total mass of halogen in any destroyed or recaptured streams that contain reactants, products, or byproducts (or inputs or outputs). This calculation must be performed using equation 17 to this paragraph (c)(4)(iii). An element other than a halogen may be used in the mass-balance equation, provided the element occurs in all of the controlled substances fed into or generated by the process. In this case, the mass fractions of the element in the reactants, products, and byproducts must be calculated as appropriate for that element. Equation 17 to Paragraph (c)(4)(iii) Where: E H R d P = Total mass of the halogen-containing product produced by process i over the period t (metric tons). MFH Rd MFH P F D v = Number of halogen-containing reactants fed into process i. (iv) The mass of total halogen in destroyed or recaptured streams containing halogen-containing reactants, products, and byproducts must be estimated at least monthly using equation 18 to this paragraph (c)(4)(iv) unless you use the alternative approach provided in paragraph (c)(4)(xv) of this section. Equation 18 to Paragraph (c)(4)(iv) Where: F D P j B kj B kl R dj MFH Rd MFH P MFH Bk q = Number of streams destroyed in process i. x = Number of streams recaptured in process i. u = Number of halogen-containing byproducts generated in process i. v = Number of halogen-containing reactants fed into process i. (v) The mass of each controlled substance removed from process i in stream j and destroyed over the period t ( i.e., j kj dj Equation 19 to Paragraph (c)(4)(v) MF contpj DE Contp C contrpj j Where: MF Contpj j kj dj DE Contp C Contpj Contrpj Sj = Mass removed in stream j from process i and fed into the destruction device over the period t (metric tons). (vi) The mass of each halogen-containing compound that is not a controlled substance and that is removed from process i in stream j and destroyed over the period t ( i.e., >j >kj >dj Equation 20 to Paragraph (c)(4)(vi) M hcgj C HCgj S j Where: M HCgj j kj dj C HCgj HCgj S j (vii) The mass of halogen-containing byproduct k removed from process i in stream l and recaptured over the period t must be estimated using equation 21 to this paragraph (c)(4)(vii). Equation 21 to Paragraph (c)(4)(vii) B kl C Bkl S l Where: B kl c Bkl Bkl S l (viii) To estimate the terms FERd, FEP, and FEBk for equations 22, 23, and 24 to this section, you must account for the total mass of halogen emitted, EF, estimated in equation 17 to paragraph (c)(4)(iii) of this section. These emission characterization measurements must meet the requirements in paragraph (c)(4)(viii)(A), (B), or (C) of this section, as appropriate. The sum of the terms must equal 1. You must document the data and calculations that are used to speciate individual compounds and to estimate FERd, FEP, and FEBk. Exclude from your calculations the halogen included in FD. For example, exclude halogen-containing compounds that are not controlled substances and that result from the destruction of controlled substances by any destruction devices (e.g., the mass of HF created by combustion of a chlorofluorocarbon). However, include emissions of controlled substance that survive the destruction process. (A) If the calculations under paragraph (b)(1)(viii) of this section, or any subsequent measurements and calculations under this subpart, indicate that the process emits 0.1 metric tons controlled substance or more, estimate the emissions from each process vent, considering controls, using the methods in paragraph (c)(1)(i) of this section. You must characterize the emissions of any process vent that emits 0.1 metric tons controlled substance or more as specified in paragraph (d)(4)(iv) of this section. (B) For other vents, including vents from processes that emit less than 0.1 metric tons of controlled substance, you must characterize emissions as specified in paragraph (d)(4)(v) of this section. (C) For halogen emissions that are not accounted for by vent estimates, you must characterize emissions as specified in paragraph (d)(4)(vi) of this section. (ix) The total mass of halogen-containing reactant d emitted must be estimated at least monthly based on the total halogen emitted and the fraction that consists of halogen-containing reactants using equation 22 to this paragraph (c)(4)(ix). If the halogen-containing reactant d is not a controlled substance, you may assume that FER d Equation 22 to Paragraph (c)(4)(ix) Where: E R-it FER d E H FEP = The fraction of the mass emitted that consists of the halogen-containing product. FEB k MFF Rd MFH P MFH Bk u = Number of halogen-containing byproducts generated in process i. v = Number of halogen-containing reactants fed into process i. (x) The total mass of halogen-containing product emitted must be estimated at least monthly based on the total halogen emitted and the fraction that consists of halogen-containing products using equation 23 to this paragraph (c)(4)(x). If the halogen-containing product is not a controlled substance, you may assume that FEP is zero. Equation 23 to Paragraph (c)(4)(x) Where: E P-it FEP = The fraction of the mass emitted that consists of the halogen-containing product. E H FER d FEB k MFH Rd MFH P MFH Bk u = Number of halogen-containing byproducts generated in process i. v = Number of halogen-containing reactants fed into process i. (xi) The total mass of halogen-containing byproduct k emitted must be estimated at least monthly based on the total halogen emitted and the fraction that consists of halogen-containing byproducts using equation 24 to this paragraph (c)(4)(xi). If halogen-containing byproduct k is not a controlled substance, you may assume that FEB k Equation 24 to Paragraph (c)(4)(xi) Where: E Bk-it FEB k FER d FEP = The fraction of the mass emitted that consists of the halogen-containing product. E H MFH Rd MFH P MFH Bk u = Number of halogen-containing byproducts generated in process i. v = Number of halogen-containing reactants fed into process i. (xii) The mass fraction of halogen in reactant d must be estimated using equation 25 to this paragraph (c)(4)(xii). Equation 25 to Paragraph (c)(4)(xii) Where: MFHRd = Mass fraction of halogen in reactant d (fraction). MHRd = Moles halogen per mole of reactant d. AWH = Atomic weight of halogen. MWRd = Molecular weight of reactant d. (xiii) The mass fraction of halogen in the product must be estimated using equation 26 to this paragraph (c)(4)(xiii). Equation 26 to Paragraph (c)(4)(xiii) Where: MFH P MH P AW H MW P (xiv) The mass fraction of each applicable halogen in byproduct k must be estimated using equation 27 to this paragraph (c)(4)(xiv). Equation 27 to Paragraph (c)(4)(xiv) Where: MFHBk = Mass fraction of halogen in the product (fraction). MHBk = Moles halogen per mole of byproduct k. AWH = Atomic weight of halogen. MWBk = Molecular weight of byproduct k. (xv) As an alternative to using equation 18 to paragraph (c)(4)(iv) of this section as provided in paragraph (b)(4) of this section, you may estimate at least monthly the total mass of halogen in destroyed or recaptured streams containing halogen-containing compounds (including all halogen-containing reactants, products, and byproducts) using equation 28 to this paragraph (c)(4)(xv). Equation 28 to Paragraph (c)(4)(xv) Where: F D DE avgj c THj THj S j c THl Bkl S l q = Number of streams destroyed in process i. x = Number of streams recaptured in process i. (xvi) For purposes of equation 28 to paragraph (c)(4)(xv) of this section, calculate the weighted average destruction efficiency applicable to a destroyed stream using equation 29 to this paragraph (c)(4)(xvi). Equation 29 to Paragraph (c)(4)(xvi) Where: DE avgj DE Contp c Contpj Contpj c HCgj HCgj S j MFH Contp MFH HCg w = Number of controlled substances in destroyed stream j. y = Number of non-controlled substance halogen-containing compounds in destroyed stream j. (5) Calculate controlled substance emissions from destruction of controlled substances. Equation 30 to Paragraph (c)(5) E D D DE Where: E D RE D DE = Destruction efficiency of the destruction unit (fraction). (6) Effective destruction efficiency for each process. Equation 31 to Paragraph (c)(6) Where: DE Effective E PVp ECF PV-Up PV EF PV-Up e.g., PV-U Activity U i.e., Activity C i.e., o = Number of operating scenarios for process i. v = Number of process vents in process i, operating scenario j. w = Number of controlled substances emitted from the process. (d) Monitoring and QA/QC requirements Initial scoping speciation to identify controlled substances from transformation processes. (i) Procedure. i.e., (ii) Previous measurements. (2) Emission factor testing. (i) Process vent testing. (ii) Number of runs. (iii) Process activity measurements. (iv) Sample each process. (A) Each entity may sample emissions from each process in the ducts upstream from the point where the emissions are combined. (B) Each entity may sample in the common duct or at the outlet of the destruction unit when only one process is operating. (C) Each entity may sample the combined emissions and use engineering calculations and assessments as specified in paragraph (c)(1)(iv) of this section to allocate the emissions to each manifolded process vent, provided the sum of the calculated controlled substance emissions across the individual process vents is within 20 percent of the total controlled substance emissions measured during the manifolded testing. (v) Emission test results. e.g., (vi) Emissions testing frequency. (A) 5-year revision. (B) Operating scenario change that affects the emission factor. (vii) Previous measurements. (3) Emission calculation factor monitoring. (i) Operating scenario. (ii) Process activity measurements. (iii) Emission calculation results. (iv) Operating scenario change that affects the emission calculation factor. (v) Previous calculations. (4) Mass balance monitoring. (i) Mass measurements. (A) Total mass of each halogen-containing product produced. Account for any used halogen-containing product added into the production process upstream of the output measurement as directed at §§ 98.413(b) and 98.414(b) of this chapter. (B) Total mass of each halogen-containing reactant fed into the process. (C) The mass removed from the process in each stream fed into the destruction device. (D) The mass removed from the process in each recaptured stream. (ii) Concentration measurements for use with paragraph (c)(4)(iv) of this section. e.g., e.g., (A) The concentration (mass fraction) of the halogen-containing product in each stream that is fed into the destruction device. (B) The concentration (mass fraction) of each halogen-containing byproduct in each stream that is fed into the destruction device. (C) The concentration (mass fraction) of each halogen-containing reactant in each stream that is fed into the destruction device. (D) The concentration (mass fraction) of each halogen-containing byproduct in each stream that is recaptured (c Bkl (iii) Concentration measurements for use with paragraph (c)(4)(xv) of this section. e.g., e.g., (A) The concentration (mass fraction) of total halogen in each stream that is fed into the destruction device. (B) The concentration (mass fraction) of total halogen in each stream that is recaptured. (iv) Emissions characterization: process vents emitting 0.1 metric tons or more. (A) Uncontrolled emissions. (B) Controlled emissions using paragraph (c)(4)(xv) of this section. (C) Controlled emissions using paragraph (c)(4)(iv) of this section. (D) Emissions characterization frequency. 1 2 ( 1 5-year revision. ( 2 Operating scenario change that affects the emission characterization. (E) Subsequent measurements. (v) Emissions characterization: process vents emitting less than 0.1 metric tons. (A) Uncontrolled emissions. (B) Controlled emissions using paragraph (c)(4)(xv) of this section. (C) Controlled emissions using paragraph (c)(4)(iv) of this section. (vi) Emissions characterization: emissions not accounted for by process vent estimates. (vii) Impurities in reactants. (viii) Alternative to error calculation. (A) Mass measurements. (B) Concentration measurements. (C) Measurement and calculation frequency. (5) Emission and stream testing, including analytical methods. (i) Sampling and mass measurement for emission testing. (A) Sample and velocity traverses. (B) Velocity and volumetric flow rates. (C) Non-controlled substance gas analysis. (D) Stack gas moisture. (ii) Analytical methods. (iii) Documentation in the monitoring plan. (6) Emission monitoring for pieces of equipment. (i) Site-specific leak monitoring approach. e.g., (ii) EPA Method 21 monitoring. (iii) Frequency of measurement and sampling. (7) Destruction unit performance testing. (i) Destruction efficiency testing. i.e., (A) For all other controlled substances that are vented to the destruction unit in any stream in more than trace concentrations, each entity must test and determine the destruction efficiency achieved for the most-difficult-to-destroy controlled substance or surrogate vented to the destruction unit. Examples of acceptable surrogates include the Class 1 compounds (ranked 1 through 34) in Appendix D, Table D-1 of “Guidance on Setting Permit Conditions and Reporting Trial Burn Results; Volume II of the Hazardous Waste Incineration Guidance Series,” January 1989, EPA Publication EPA 625/6-89/019. A copy of this publication can be obtained by contacting the Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, https://www.epa.gov. (B) [Reserved] (ii) Destruction efficiency testing frequency. (A) Conduct an emissions test every 5 years. (B) Destruction unit changes that affect the destruction efficiency. (iii) Previous testing. (iv) Hazardous waste combustor testing. (8) Mass of previously produced controlled substances fed into a destruction unit. (9) Emissions due to malfunctions of destruction unit. (10) Emissions due to process startup, shutdown, or malfunctions. (11) Development of initial parameters. (12) Calibration for volumetric and density measurements. (i) ASME MFC-3M-2004 Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi (incorporated by reference, see § 82.27). (ii) ASME MFC-4M-1986 (Reaffirmed 2016) Measurement of Gas Flow by Turbine Meters (incorporated by reference, see § 82.27). (iii) ASME-MFC-5M-1985, (Reaffirmed1994) Measurement of Liquid Flow in Closed Conduits Using Transit-Time Ultrasonic Flowmeters (incorporated by reference, see § 82.27). (iv) ASME MFC-6M-1998 Measurement of Fluid Flow in Pipes Using Vortex Flowmeters (incorporated by reference, see § 82.27). (v) ASME MFC-7M-1987 (Reaffirmed 1992) Measurement of Gas Flow by Means of Critical Flow Venturi Nozzles (incorporated by reference, see § 82.27). (vi) ASME MFC-9M-1988 (Reaffirmed 2001) Measurement of Liquid Flow in Closed Conduits by Weighing Method (incorporated by reference, see § 82.27). (vii) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of Coriolis Mass Flowmeters (incorporated by reference, see § 82.27). (viii) ASME MFC-14M-2003 Measurement of Fluid Flow Using Small Bore Precision Orifice Meters (incorporated by reference, see § 82.27). (13) Calibration for concentration determinations. (e) Data reporting requirements All facilities. (i) Frequency of reporting under this paragraph (e)(1). (ii) Process identification. (A) A description and identification of the process listed in paragraph (b)(2) of this section. (B) A description and number, letter, or other identifier for each process vent associated with the process. This identifier must be a consistent name reported from year to year. (C) The type of method(s) ( i.e., e.g., (D) The type of method(s) ( e.g., e.g., (iii) Process emissions. (iv) Effective destruction efficiency. effective, (v) Monitoring plan. (2) Reporting for emission factor and emission calculation factor approach. (i) The identity and quantity of the process activity used to estimate emissions ( e.g., (ii) The site-specific, process-vent-specific emission factor(s) or emission calculation factor for each process vent associated with the process. (iii) For each controlled substance, the mass emitted from each process vent associated with the process, in kilograms. (iv) For each controlled substance, the total mass emitted from equipment leaks, in kilograms. (3) Reporting for mass balance approach. (i) If you calculate the relative and absolute errors under paragraph (c)(4)(i) of this section, the absolute and relative errors calculated under paragraph (c)(4)(i) of this section, as well as the data (including quantities and their accuracies and precisions) used in these calculations. (ii) The balanced chemical equation that describes the reaction used to manufacture the controlled substance product and each controlled substance transformation product. (iii) The mass and chemical formula of each controlled substance reactant emitted from the process in metric tons. (iv) The mass and chemical formula of the controlled substance product emitted from the process in metric tons. (v) The mass and chemical formula of each controlled substance byproduct emitted from the process in metric tons. (vi) The mass and chemical formula of each controlled substance reactant that is fed into the process (metric tons). (vii) The mass and chemical formula of each halogen-containing product produced by the process (metric tons). (viii) If you use paragraph (c)(4)(iv) of this section to estimate the total mass of halogen in destroyed or recaptured streams, report the following. (A) The mass and chemical formula of each halogen-containing product that is removed from the process and fed into the destruction device (metric tons). (B) The mass and chemical formula of each halogen-containing byproduct that is removed from the process and fed into the destruction device (metric tons). (C) The mass and chemical formula of each halogen-containing reactant that is removed from the process and fed into the destruction device (metric tons). (D) The mass and chemical formula of each halogen-containing byproduct that is removed from the process and recaptured (metric tons). (E) The demonstrated destruction efficiency of the destruction device for each controlled substance fed into the device from the process in greater than trace concentrations (fraction). (ix) If you use paragraph (c)(4)(xv) of this section to estimate the total mass of halogen in destroyed or recaptured streams, report the following. (A) The mass of halogen in each stream that is fed into the destruction device (metric tons). (B) The mass of halogen that is recaptured (metric tons). (C) The weighted average destruction efficiency of the destruction device calculated for each stream under paragraph (c)(4)(xvi) of this section. (x) The fraction of the mass emitted that consists of each halogen-containing reactant. (xi) The fraction of the mass emitted that consists of the halogen-containing product. (xii) The fraction of the mass emitted that consists of each halogen-containing byproduct. (xiii) The method used to estimate the total mass of halogen in destroyed or recaptured streams (specify paragraph (c)(4)(iv) or (xv) of this section). (4) Reporting of destruction unit excess emission data. (5) Reporting of destruction unit testing. (i) Chemical identity of the controlled substance(s) used in the performance test conducted to determine destruction efficiency, including surrogates, and information on why the surrogate is sufficient to demonstrate the destruction efficiency for each controlled substance, consistent with requirements in paragraph (d)(7)(i) of this section, vented to the destruction unit. (ii) Date of the most recent destruction unit test. (iii) Name of all applicable Federal or State regulations that may apply to the destruction process. (6) Reporting for destruction. (i) The mass of the controlled substance emitted from the destruction unit (kilograms). (ii) [Reserved] (7) Reporting of controlled substance products of incomplete combustion (PICs) of controlled substances. (f) Records that must be retained. (1) Process information records. (ii) Monthly and annual records, as applicable, of all analyses and calculations conducted as required under paragraph (c) of this section, including the data monitored under paragraph (d) of this section, and all information reported as required under paragraph (e) of this section. (2) Scoping speciation. (3) Emission factor and emission calculation factor method. (i) Identify all continuous process vents with emissions of controlled substances that are included in the top 25 percent of continuous process vents, and all continuous process vents in the remaining group ( i.e., (ii) Identify all batch process vents. (iii) For each vent, identify the method used to develop the factor ( i.e., (iv) The emissions test data and reports (see paragraph (d)(2)(v) of this section) and the calculations used to determine the process-vent-specific emission factor, including the actual process-vent-specific emission factor, the average hourly emission rate of each controlled substance from the process vent during the test and the process feed rate, process production rate, or other process activity rate during the test. (v) The process-vent-specific emission calculation factor and the calculations used to determine the process-vent-specific emission calculation factor. (vi) The annual process production quantity or other process activity information in the appropriate units, along with the dates and time period during which the process was operating and dates and time periods the process vents are vented to the destruction unit. As an alternative to date and time periods when process vents are vented to the destruction unit, a facility may track dates and time periods that process vents by-pass the destruction unit. (vii) Calculations used to determine annual emissions of each controlled substance for each process and the total controlled substance emissions for all processes, i.e., (4) Mass-balance method. (i) The data and calculations used to estimate the absolute and relative errors associated with use of the mass-balance approach. (ii) The data and calculations used to estimate the mass of halogen emitted from the process. (iii) The data and calculations used to determine the fractions of the mass emitted consisting of each reactant (FERd), product (FEP), and byproduct (FEBk), including the preliminary calculations in paragraph (c)(4)(viii)(A) of this section. (5) Destruction efficiency testing. (i) Destruction efficiency (DE) determined for each controlled substance whose destruction the facility reflects in paragraph (c) of this section, in accordance with paragraph (d)(7)(i)(A) of this section. (ii) Chemical identity of the controlled substance(s) used in the performance test conducted to determine destruction efficiency, including surrogates, and information on why the surrogate is sufficient to demonstrate destruction efficiency for each controlled substance, consistent with requirements in paragraph (d)(7)(i)(A) of this section, vented to the destruction unit. (iii) Mass flow rate of the stream containing the controlled substance or surrogate into the device during the test. (iv) Concentration (mass fraction) of each controlled substance or surrogate in the stream flowing into the device during the test. (v) Concentration (mass fraction) of each controlled substance or surrogate at the outlet of the destruction unit during the test. (vi) Mass flow rate at the outlet of the destruction unit during the test. (vii) Test methods and analytical methods used to determine the mass flow rates and controlled substance (or surrogate) concentrations of the streams flowing into and out of the destruction unit during the test. (viii) Destruction unit conditions that are normally monitored for device control, such as temperature, total mass flow rates into the device, and CO or O 2 (ix) Name of all applicable Federal or State regulations that may apply to the destruction process. (6) Equipment leak records. i.e., (7) All facilities. (8) Controlled substance monitoring plan. (i) At a minimum, the monitoring plan shall include the elements listed in this paragraph (f)(8)(i) of this section. (A) Identification of positions of responsibility ( i.e., (B) Explanation of the processes and methods used to collect the necessary data for calculations under this section. (C) Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the controlled substances reported under this part. (ii) The monitoring plan may rely on references to existing corporate documents ( e.g., (iii) The owner or operator shall revise the monitoring as needed to reflect changes in production processes, monitoring instrumentation, and quality assurance procedures; or to improve procedures for the maintenance and repair of monitoring systems to reduce the frequency of monitoring equipment downtime. [89 FR 82433, Oct. 10, 2024] § 82.26 Treatment of data submitted under this subpart. (a) Sections 2.201 through 2.215 and 2.301 of this chapter do not apply to data submitted under this subpart that EPA has determined through rulemaking to be either of the following: (1) Emission data, as defined in § 2.301(a)(2) of this chapter, determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or (2) Data not otherwise entitled to confidential treatment. (b) Except as otherwise provided in paragraph (d) of this section and §§ 2.201 through 2.208 and 2.301(c) and (d) of this chapter do not apply to data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of § 2.211 of this chapter, subject to paragraph (d) of this section and § 2.209 of this chapter. (c) Upon receiving a request under 5 U.S.C. 552 for data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination. (d) A determination made through rulemaking that information submitted under this part is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions: (1) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or (2) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit comments on pertinent issues in the manner described by §§ 2.204(e) and 2.205(b) of this chapter. If, after consideration of any timely comments submitted by the business, the Office of General Counsel makes a revised final determination that the information is not entitled to confidential treatment, the relevant agency official will notify the business in accordance with the procedures described in § 2.205(f)(2) of this chapter. [89 FR 82450, Oct. 10, 2024] § 82.27 Incorporation by reference. (a)(1) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations [email protected]. (2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; [email protected]. (i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO 80112; phone: (800) 332-6077; website: https://accuristech.com. (ii) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email: [email protected]; www.ansi.org. (iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com. (iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA 94624; phone (650) 591-7600; email: [email protected]; www.document-center.com. (b) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016, phone: 800.843.2763, email: [email protected]; www.asme.org. (1) ASME MFC-3M-2004, Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi, issued August 15, 2005; IBR approved for § 82.25(d). (2) ASME MFC-4M-1986 (Reaffirmed 2016), Measurement of Gas Flow by Turbine Meters, reaffirmed 2016, IBR approved for § 82.25(d). (3) ASME MFC-5M-1985 (Reaffirmed 1994), Measurement of Liquid Flow in Closed Conduits Using Transit-Time Ultrasonic Flow Meters, copyright 1985; IBR approved for § 82.25(d). (4) ASME MFC-6M-1998, Measurement of Fluid Flow in Pipes Using Vortex Flowmeters, July 4, 1998; IBR approved for § 82.25(d). (5) ASME MFC-7M-1987 (Reaffirmed 1992), Measurement of Gas Flow by Means of Critical Flow Venturi Nozzles, copyright 1987; IBR approved for § 82.25(d). (6) ASME MFC-9M-1988 (Reaffirmed 2001), Measurement of Liquid Flow in Closed Conduits by Weighing Method, reaffirmed 2001; IBR approved for § 82.25(d). (7) ASME MFC-11M-2006, Measurement of Fluid Flow by Means of Coriolis Mass Flowmeters, issued March 30, 2007; IBR approved for § 82.25(d). (8) ASME MFC-14M-2003, Measurement of Fluid Flow Using Small Bore Precision Orifice Meters, issued April 17, 2003; IBR approved for § 82.25(d). (c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428; phone: 610.832.9500; email: [email protected]; www.astm.org/. (1) ASTM D6348-03 Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, approved October 1, 2003, IBR approved for § 82.25(d). (2) [Reserved] (d) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; phone: 202.272.0167; website: www.epa.gov. (1) Approved Alternative Method 012: An Alternate Procedure for Stack Gas Volumetric Flow Rate Determination (Tracer Gas) (ALT-012), U.S. Environmental Protection Agency Emission Measurement Center, May 23, 1994, IBR approved for § 82.25(d). (2) Emissions Inventory Improvement Program, Volume II: Chapter 16, Methods for Estimating Air Emissions from Chemical Manufacturing Facilities, August 2007, Final, IBR approved for § 82.25(c). (3) Protocol for Equipment Leak Emission Estimates, EPA-453/R-95-017, November 1995 (EPA-453/R-95-017), IBR approved for § 82.25(c) and (d). (4) Protocol for Measuring Destruction or Removal Efficiency (DRE) of Fluorinated Greenhouse Gas Abatement Equipment in Electronics Manufacturing, Version 1, EPA-430-R-10-003, March 2010 (EPA 430-R-10-003), IBR approved for § 82.25 (d). (5) Tracer Gas Protocol for the Determination of Volumetric Flow Rate Through the Ring Pipe of the Xact Multi-Metals Monitoring System, also known as Other Test Method 24 (Tracer Gas Protocol), Eli Lilly and Company Tippecanoe Laboratories, September 2006, IBR approved for § 82.25(d). [89 FR 82450, Oct. 10, 2024] Appendix A to Subpart A of Part 82—Class I Controlled Substances Class 1 controlled substances ODP A. Group I: CFCl 3 1.0 CF 2 2 1.0 C 2 3 3 0.8 C 2 4 2 1.0 C 2 5 0.6 All isomers of the above chemicals B. Group II: CF 2 3.0 CF 3 10.0 C 2 4 2 6.0 All isomers of the above chemicals C. Group III: CF 3 1.0 C 2 5 1.0 C 2 2 4 1.0 C 3 7 1.0 C 3 2 6 1.0 C 3 3 5 1.0 C 3 4 4 1.0 C 3 5 3 1.0 C 3 6 2 1.0 C 3 7 1.0 All isomers of the above chemicals D. Group IV: CCl 4 1.1 E. Group V: C 2 3 3 0.1 All isomers of the above chemical except 1,1,2-trichloroethane F. Group VI: CH 3 0.7 G. Group VII: CHFBR 2 1.00 CHF 2 0.74 CH 2 0.73 C 2 4 0.3-0.8 C 2 2 3 0.5-1.8 C 2 3 2 0.4-1.6 C 2 4 0.7-1.2 C 2 2 3 0.1-1.1 C 2 2 2 2 0.2-1.5 C 2 2 3 0.7-1.6 C 2 2 2 0.1-1.7 C 2 3 2 0.2-1.1 C 2 4 0.07-0.1 C 3 6 0.3-1.5 C 3 2 5 0.2-1.9 C 3 3 4 0.3-1.8 C 3 4 3 0.5-2.2 C 3 5 2 0.9-2.0 C 3 6 0.7-3.3 C 3 2 5 0.1-1.9 C 3 2 2 4 0.2-2.1 C 3 2 3 3 0.2-5.6 C 3 2 4 2 0.3-7.5 C 3 2 5 0.9-14 C 3 3 4 0.08-1.9 C 3 3 2 3 0.1-3.1 C 3 3 3 2 0.1-2.5 C 3 3 4 0.3-4.4 C 3 4 3 0.03-0.3 C 3 4 2 2 0.1-1.0 C 3 4 3 0.07-0.8 C 3 5 2 0.04-0.4 C 3 5 2 0.07-0.8 C 3 6 0.02-0.7 H. Group VIII: CH2BrCl (Chlorobromomethane 0.12 [60 FR 24986, May 10, 1995, as amended at 68 FR 42892, July 18, 2003] Appendix B to Subpart A of Part 82—Class II Controlled Substances a b Controlled substance ODP 1. HCFC-21 (CHFCl2) Dichlorofluoromethane 0.04 2. HCFC-22 (CHF2Cl) Monochlorodifluoromethane 0.055 3. HCFC-31 (CH2FCl) Monochlorofluoromethane 0.02 4. HCFC-121 (C2HFCl4) Tetrachlorofluoroethane 0.01-0.04 5. HCFC-122 (C2HF2Cl3) Trichlorodifluoroethane 0.02-0.08 6. HCFC-123 (C2HF3Cl2) Dichlorotrifluoroethane 0.02 7. HCFC-124 (C2HF4Cl) Monochlorotetrafluoroethane 0.022 8. HCFC-131 (C2H2FCl3) Trichlorofluoroethane 0.007-0.05 9. HCFC-132 (C2H2F2Cl2) Dichlorodifluoroethane 0.008-0.05 10. HCFC-133 (C2H2F3Cl) Monochlorotrifluoroethane 0.02-0.06 11. HCFC-141 (C2H3FCl2) Dichlorofluoroethane 0.005-0.07 12. HCFC-141b (CH3CFCl2) Dichlorofluoroethane 0.11 13. HCFC-142 (C2H3F2Cl) Chlorodifluoroethane 0.008-0.07 14. HCFC-142b (CH3CF2Cl) Monochlorodifluoroethane 0.065 15. HCFC-151 (C2H4FCl) Chlorofluoroethane 0.003-0.005 16. HCFC-221 (C3HFCl6) Hexachlorofluoropropane 0.015-0.07 17. HCFC-222 (C3HF2Cl5) Pentachlorodifluoropropane 0.01-0.09 18. HCFC-223 (C3HF3Cl4) Tetrachlorotrifluoropropane 0.01-0.08 19. HCFC-224 (C3HF4Cl3) Trichlorotetrafluoropropane 0.01-0.09 20. HCFC-225 (C3HF5Cl2) Dichloropentafluoropropane 0.02-0.07 21. HCFC-225ca (CF3CF2CHCl2) Dichloropentafluoropropane 0.025 22. HCFC-225cb (CF2ClCF2CHClF) Dichloropentafluoropropane 0.033 23. HCFC-226 (C3HF6Cl) Monochlorohexafluoropropane 0.02-0.1 24. HCFC-231 (C3H2FCl5) Pentachlorofluoropropane 0.05-0.09 25. HCFC-232 (C3H2F2Cl4) Tetrachlorodifluoropropane 0.008-0.1 26. HCFC-233 (C3H2F3Cl3) Trichlorotrifluoropropane 0.007-0.23 27. HCFC-234 (C3H2F4Cl2) Dichlorotetrafluoropropane 0.01-0.28 28. HCFC-235 (C3H2F5Cl) Monochloropentafluoropropane 0.03-0.52 29. HCFC-241 (C3H3FCl4) Tetrachlorofluoropropane 0.004-0.09 30. HCFC-242 (C3H3F2Cl3) Trichlorodifluoropropane 0.005-0.13 31. HCFC-243 (C3H3F3Cl2) Dichlorotrifluoropropane 0.007-0.12 32. HCFC-244 (C3H3F4Cl) Monochlorotetrafluoropropane 0.009-0.14 33. HCFC-251 (C3H4FCl3) Monochlorotetrafluoropropane 0.001-0.01 34. HCFC-252 (C3H4F2Cl2) Dichlorodifluoropropane 0.005-0.04 35. HCFC-253 (C3H4F3Cl) Monochlorotrifluoropropane 0.003-0.03 36. HCFC-261 (C3H5FCl2) Dichlorofluoropropane 0.002-0.02 37. HCFC-262 (C3H5F2Cl) Monochlorodifluoropropane 0.002-0.02 38. HCFC-271 (C3H6FCl) Monochlorofluoropropane 0.001-0.03 a b [79 FR 64288, Oct. 28, 2014] Appendix C to Subpart A of Part 82 [Reserved] Appendix D to Subpart A of Part 82—Harmonized Tariff Schedule Description of Products That May Contain Controlled Substances in Appendix A, Class I, Groups I and II This appendix is based on information provided by the Ozone Secretariat of the United Nations Ozone Environment Programme.** ** “A Note Regarding the Harmonized System Code Numbers for the Products Listed in Annex D.” Adopted by Decision IV/15 paragraph 3, of the Fourth Meeting of the Parties in Copenhagen, 23-25 November, 1992. The Harmonized Tariff Schedule of the United States uses an enumeration system to identify products imported and exported to and from the U.S. This system relies on a four digit heading, a four digit subheading and additional two digit statistical suffix to characterize products. The United States uses the suffix for its own statistical records and analyses. This Appendix lists only headings and subheadings. While some can be readily associated with harmonized system codes, many products cannot be tied to HS classifications unless their exact composition and the presentation are known. It should be noted that the specified HS classifications represent the most likely headings and subheadings which may contain substances controlled by the Montreal Protocol. The codes given should only be used as a starting point; further verfication is needed to ascertain whether or not the products actually contain controlled substances. Category 1. Automobile and Truck Air Conditioning Units (whether incorporated in vehicles or not) There are no separate code numbers for air conditioning units specially used in automobiles and trucks. Although a code has been proposed for car air conditioners, it is not yet officially listed in the Harmonized Tariff Schedule (see category 2). The following codes apply to the vehicles potentially containing air conditioning units. Heading/Subheading Article Description 8701.(10, 20, 30, 90)*** Tractors. 8702 Public-transport type passenger motor vehicles. 8702.10 With compression-ignition internal-combustion piston engine (diesel or semi-diesel). 8702.90 Other. 8703 Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars. 8703.10 Vehicles specially designed for traveling on snow; golf carts and similar vehicles; includes subheading 10.10 and 10.50. 8703.(21, 22, 23, 24) Other vehicles, with spark-ignition internal combustion reciprocating engines. 8703.(31, 32, 33, 90) Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel). 8704 Motor vehicles for the transport of goods. 8704.10.(10, 50) Dumpers designed for off-highway use. 8704.(21, 22, 23) Other, with compression-ignition internal combustion piston engine (diesel or semi-diesel). 8704.(31, 32, 90) Other, with compression-ignition internal combustion piston engine. 8705 Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, wreckers, mobile cranes, fire fighting vehicles, concrete mixers, road sweepers, spraying vehicles, mobile workshops, mobile radiological units). 8705.10 Crane lorries. 8705.20 Mobile drilling derricks. 8705.30 Fire fighting vehicles. 8705.90 Other. ***At this time vehicle air conditioning units are considered components of vehicles or are classified under the general category for air conditioning and refrigeration equipment. Vehicles containing air conditioners are therefore considered products containing controlled substances. Category 2. Domestic and Commercial Refrigeration and Air Conditioning/Heat Pump Equipment Domestic and commercial air conditioning and refrigeration equipment fall primarily under headings 8415 and 8418. Heading/Subheading Article Description 8415 Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated. 8415.20 Proposed code for air conditioning of a kind used for persons, in motor vehicles. 8415.10.00 A/C window or wall types, self-contained. 8415.81.00 Other, except parts, incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle. 8415.82.00 Other, incorporating a refrigerating unit— Self-contained machines and remote condenser type air conditioners (not for year-round use). Year-round units (for heating and cooling). Air Conditioning evaporator coils. Dehumidifiers. Other air conditioning machines incorporating a refrigerating unit. 8415.83 Automotive air conditioners. 8418 Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than air conditioning machines of heading 8415; parts thereof. 8418.10.00 Combined refrigerator-freezers, fitted with separate external doors. 8418.21.00 Refrigerators, household type, Compression type. 8418.22.00 Absorption type, electrical. 8418.29.00 Other. 8418.30.00 Freezers of the chest type. 8418.40 Freezers of the upright type. 8418.50.0040 Other refrigerating or freezing chests, cabinets, display counters, showcases and similar refrigerating or freezing furniture. 8418.61.00 Other refrigerating or freezing equipment; heat pumps. 8418.69 Other— Icemaking machines. Drinking water coolers, self-contained. Soda fountain and beer dispensing equipment. Centrifugal liquid chilling refrigerating units. Absorption liquid chilling units. Reciprocating liquid chilling units. Other refrigerating or freezing equipment (household or other). 8479.89.10 Dehumidifiers (other than those under 8415 or 8424 classified as “machines and mechanical appliances having individual functions, not specified or included elsewhere”). Category 3. Aerosol Products An array of different products use controlled substances as aerosols and in aerosol applications. Not all aerosol applications use controlled substances, however. The codes given below represent the most likely classifications for products containing controlled substances. The product codes listed include **** **** Other categories of products that may contain controlled substances are listed below. EPA is currently working to match them with appropriate codes. They include: coatings and electronic equipment (e.g., electrical motors), coatings or cleaning fluids for aircraft maintenance, mold release agents (e.g. for production of plastic or elastomeric materials), water and oil repellant (potentially under HS 3402), spray undercoats (potentially under “paints and varnishes”), spot removers, brake cleaners, safety sprays (e.g., mace cans), animal repellant, noise horns (e.g., for use on boats), weld inspection developers, freezants, gum removers, intruder alarms, tire inflators, dusters (for electronic and non-electronic applications), spray shoe polish, and suede protectors. • varnishes • perfumes • preparations for use on hair • preparations for oral and dental hygiene • shaving preparations • personal deodorants, bath preparations • prepared room deodorizers • soaps • lubricants • polishes and creams • explosives • insecticides, fungicides, herbicides, disinfectants • arms and ammunition • household products such as footwear or leather polishes • other miscellaneous products Heading/Subheading Article Description 3208 Paints and varnishes ***** (including enamels and lacquers) based on synthetic polymers of chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium. 3208.10 Based on polyesters. 3208.20 Based on acrylic or vinyl polymers. 3208.90 Other. 3209 Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium. 3209.10 Based on acrylic or vinyl polymers. 3209.90 Other. 3210.00 Other paints and varnishes (including enamels, lacquers and distempers) and prepared water pigments of a kind used for finishing leather. 3212.90 Dyes and other coloring matter put up in forms or packings for retail sale. 3303.00 Perfumes and toilet waters. 3304.30 Manicure or pedicure preparations. 3305.10 Shampoos. 3305.20 Preparations for permanent waving or straightening. 3305.30 Hair lacquers. 3305.90 Other hair preparations. 3306.10 Dentrifices. 3306.90 Other dental (this may include breath sprays). 3307.10 Pre-shave, shaving or after-shave preparations. 3307.20 Personal deodorants and antiperspirants. 3307.30 Perfumed bath salts and other bath preparations. 3307.49 Other (this may include preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites, whether or not perfumed or having disinfectant properties). 3307.90 Other (this may include depilatory products and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included) 3403 Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants), and preparations of a kind used for the oil or grease treatment of textile materials, leather, fur skins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or of oils obtained from bituminous minerals. 3402 Organic surface-active agents (other than soap); surface-active preparations, washing preparations and cleaning operations, whether or not containing soap, other than those of 3401. 3402.20 Preparations put up for retail sale. 3402.19 Other preparations containing petroleum oils or oils obtained from bituminous minerals. 3403 Lubricating preparations consisting of mixtures containing silicone greases or oils, as the case may be. 2710.00 Preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations. 3403.11 Lubricants containing petroleum oils or oils obtained from bituminous minerals used for preparations from the treatment of textile materials, leather, fur skins or other materials. 3403.19 Other preparations containing petroleum oils or oils obtained from bituminous minerals. 3405 Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations excluding waxes of heading 3404. 3405.10 Polishes and creams for footwear or leather. 3405.20 Polishes for wooden furniture, floors or other woodwork. 36 Explosives. 3808 Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly papers). 3808.10 Insecticides. 3808.20 Fungicides. 3808.30 Herbicides, anti-sprouting products and plant growth regulators. 3808.40 Disinfectants. 3808.90 Other insecticides, fungicides. 3809.10 Finishing agents, dye carriers to accelerate the dyeing or fixing of dye-stuffs and other products and preparations (for example, dressings and mordants) of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances. 3814 Organic composite solvents and thinners (not elsewhere specified or included) and the prepared paint or varnish removers. 3910 Silicones in primary forms. 9304 Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading No. 93.07. Thus, aerosol spray cans containing tear gas may be classified under this subheading. 0404.90 Products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included. 1517.90 Edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No. 15.16. 2106.90 Food preparations not elsewhere specified or included. ***** Although paints do not generally use contain controlled substances, some varnishes use CFC 113 and 1,1,1,trichlorethane as solvents. Category 4. Portable Fire Extinguishers Heading/Subheading Article Description 8424 Mechanical appliances (whether or not hand operated) for projecting, dispersing, or spraying liquids or powders; fire extinguishers whether or not charged, spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines. 8424.10 Fire extinguishers, whether or not charged. Category 5. Insulation Boards, Panels and Pipe Covers These goods have to be classified according to their composition and presentation. For example, if the insulation materials are made of polyurethane, polystyrene, polyolefin and phenolic plastics, then they may be classified Chapter 39, for “Plastics and articles thereof”. The exact description of the products at issue is necessary before a classification can be given. ****** ****** This category may include insulating board for building panels and windows and doors. It also includes rigid appliance insulation for pipes, tanks, trucks, trailers, containers, train cars & ships, refrigerators, freezers, beverage vending machines, bulk beverage dispensers, water coolers and heaters and ice machines. Heading/Subheading Article Description 3917.21 to 3917.39 Tubes, pipes and hoses of plastics. 3920.10 to 3920.99 Plates, sheets, film, foil and strip made of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials. 3921.11 to 3921.90 Other plates, sheets, film, foil and strip, made of plastics. 3925.90 Builders' ware made of plastics, not elsewhere specified or included. 3926.90 Articles made of plastics, not elsewhere specified or included. Category 6. Pre-Polymers According to the Explanatory Notes to the Harmonized Commodity Description and Coding System, “prepolymers are products which are characterized by some repetition of monomer units although they may contain unreacted monomers. Prepolymers are not normally used as such but are intended to be transformed into higher molecular weight polymers by further polymerization. Therefore the term does not cover finished products, such as di-isobutylenes or mixed polyethylene glycols with very low molecular weight. Examples are epoxides based with epichlorohydrin, and polymeric isocyanates.” Heading/Subheading Article Description 3901 Pre-polymers based on ethylene (in primary forms). 3902 Pre-polymers based on propylene or other olefins (in primary forms). 3903, 3907, 3909 Pre-polymers based on styrene (in primary forms), epoxide and phenols. Appendix E to Subpart A of Part 82—Article 5 Parties Parties operating under Article 5 of the Montreal Protocol as of March 26, 2014 are listed below. An updated list can be located at: http://ozone.unep.org/new_site/en/parties_under_article5_para1.php. Afghanistan, Albania, Algeria, Angola, Antigua & Barbuda, Argentina, Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Congo (Democratic Republic of), Cook Islands, Cost Rica, Côte d'Ivoire, Cuba, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kiribati, Korea (Democratic People's Republic of), Korea (Republic of), Kuwait, Kyrgyzstan, Lao (People's Democratic Republic), Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands Mauritania, Mauritius, Mexico, Micronesia (Federal States of), Moldova (Republic of), Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent & the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, South Sudan*, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tanzania (United Republic of), Thailand, The Former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, Uruguay, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe. * temporarily categorized as Article 5 pending submission of ODS consumption data [79 FR 16687, Mar. 26, 2014] Appendix F to Subpart A of Part 82—Listing of Ozone-Depleting Chemicals Controlled substance ODP AT L CLP BLP A. Class I: 1. Group I: CFCl 3 1.0 60.0 1.0 0.00 CF 2 2 1.0 120.0 1.5 0.00 C 2 3 3 0.8 90.0 1.11 0.00 C 2 4 2 1.0 200.00 1.8 0.00 C 2 5 0.6 400.0 2.0 0.00 All isomers of the above chemicals [Reserved] 2. Group II: CF 2 3.0 12 0.06 0.13 −18 −.08 −.03 CF 3 10.0 72 0.00 1.00 −107 C 2 4 2 6.0 23 0.00 0.30 −28 −.37 All isomers of the above chemicals [Reserved] 3. Group III: CF 3 1.0 120 0.88 0.00 −250 −1.83 C 2 5 1.0 60 1.04 0.00 −90 −1.56 C 2 2 4 1.0 60 0.90 0.00 −90 −1.35 C 3 7 1.0 100 1.76 0.00 −500 −8.81 C 3 2 6 1.0 100 1.60 0.00 −500 −7.98 C 3 3 5 1.0 100 1.41 0.00 −500 −7.06 C 3 4 4 1.0 100 1.20 0.00 −500 −6.01 C 3 5 3 1.0 100 0.96 0.00 −500 −4.82 C 3 6 2 1.0 100 0.69 0.00 −500 −3.45 C 3 7 1.0 100 0.37 0.00 −500 −1.87 All isomers of the above chemicals [Reserved] 4. Group IV: CCl 4 1.1 50.0 1.0 0.00 5. Group V: C 2 3 3 0.1 6.3 0.11 0.00 All isomers of the above chemical except 1,1,2-trichloroethane [Reserved] 6. Group VI: CH3Br-Bromomethane (Methyl Bromide) 0.7 [Reserved] 7. Group VII: CHFBr 2 1.00 [Reserved] CHF 2 0.74 [Reserved] CH 2 0.73 [Reserved] C 2 4 0.3-0.8 [Reserved] C 2 2 3 0.5-1.8 [Reserved] C 2 3 2 0.4-16 [Reserved] C 2 4 0.7-1.2 [Reserved] C 2 2 3 0.1-1.1 [Reserved] C 2 2 2 2 0.2-1.5 [Reserved] C 2 2 3 0.7-1.6 [Reserved] C 2 3 2 0.1-1.7 [Reserved] C 2 3 2 0.2-1.1 [Reserved] C 2 4 0.07-0.1 [Reserved] C 3 6 0.3-1.5 [Reserved] C 3 2 5 0.2-1.9 [Reserved] C 3 3 4 0.3-1.8 [Reserved] C 3 4 3 0.5-2.2 [Reserved] C 3 5 2 0.9-2.0 [Reserved] C 3 6 0.7-3.3 [Reserved] C 3 2 5 0.1-1.9 [Reserved] C 3 2 2 4 0.2-2.1 [Reserved] C 3 2 3 3 0.2-5.6 [Reserved] C 3 2 4 2 0.3-7.5 [Reserved] C 3 2 5 0.9-1.4 [Reserved] C 3 3 4 0.08-1.9 [Reserved] C 3 3 2 3 0.1-3.1 [Reserved] C 3 3 3 2 0.1-2.5 [Reserved] C 3 3 4 0.3-4.4 [Reserved] C 3 4 3 0.03-0.3 [Reserved] C 3 4 2 2 0.1-1.0 [Reserved] C 3 4 3 0.07-0.8 [Reserved] C 3 5 2 0.04-0.4 [Reserved] C 3 5 2 0.07-0.8 [Reserved] C 3 6 0.02-0.7 [Reserved] 8. Group VIII: CH 2 0.12 [Reserved] B. Class II: CHFCl 2 [Reserved] 2.1 0.03 0.00 CHF 2 0.05 15.3 0.14 0.00 CH 2 [Reserved] 1.44 0.02 0.00 C 2 4 [Reserved] 0.6 0.01 0.00 C 2 2 3 [Reserved] 1.4 0.02 0.00 C 2 3 2 0.02 1.6 0.016 0.00 C 2 4 0.02 6.6 0.04 0.00 C 2 2 3 [Reserved] 4.0 0.06 0.00 C 2 2 2 2 [Reserved] 4.2 0.05 0.00 C 2 2 3 [Reserved] 4.8 0.03 0.00 C 2 3 2 0.12 7.8 0.10 0.00 C 2 3 2 0.06 19.1 0.14 0.00 C 3 6 [Reserved] 0.00 C 3 2 5 [Reserved] 0.00 C 3 3 4 [Reserved] 0.00 C 3 4 3 [Reserved] 0.00 C 3 5 2 [Reserved] 1.5 0.01 0.00 −1.7 (HCFC-225cb) [Reserved] 5.1 0.04 0.00 C 3 6 [Reserved] 0.00 C 3 2 5 [Reserved] 0.00 C 3 2 2 4 [Reserved] 0.00 C 3 2 3 3 [Reserved] 0.00 C 3 2 4 2 [Reserved] 0.00 C 3 2 5 [Reserved] 0.00 C 3 3 4 [Reserved] 0.00 C 3 3 2 3 [Reserved] 0.00 C 3 3 3 2 [Reserved] 0.00 C 3 3 4 [Reserved] 0.00 C 3 4 3 [Reserved] 0.00 C 3 4 2 2 [Reserved] 0.00 C 3 4 3 [Reserved] 0.00 C 3 5 2 [Reserved] 0.00 C 2 5 2 [Reserved] 0.00 C 3 6 [Reserved] 0.00 All isomers of the above chemicals [Reserved] [60 FR 24986, May 10, 1995, as amended at 68 FR 42894, July 18, 2003] Appendix G to Subpart A of Part 82—UNEP Recommendations for Conditions Applied to Exemption for Essential Laboratory and Analytical Uses 1. Essential laboratory and analytical uses are identified at this time to include equipment calibration; use as extraction solvents, diluents, or carriers for chemical analysis; biochemical research; inert solvents for chemical reactions, as a carrier or laboratory chemical and other critical analytical and laboratory purposes. Pursuant to Decision XI/15 of the Parties to the Montreal Protocol, effective January 1, 2002 the following uses of class I controlled substances are not considered essential under the global laboratory exemption: a. Testing of oil and grease and total petroleum hydrocarbons in water; b. Testing of tar in road-paving materials; and c. Forensic finger printing. Production for essential laboratory and analytical purposes is authorized provided that these laboratory and analytical chemicals shall contain only controlled substances manufactured to the following purities: CTC (reagent grade)—99.5 1,1,1,-trichloroethane—99.5 CFC-11—99.5 CFC-13—99.5 CFC-12—99.5 CFC-113—99.5 CFC-114—99.5 Other w/ Boiling P>20 degrees C—99.5 Other w/ Boiling P<20 degrees C—99.0 d. Testing of organic matter in coal. 2. These pure, controlled substances can be subsequently mixed by manufacturers, agents or distributors with other chemicals controlled or not controlled by the Montreal Protocol as is customary for laboratory and analytical uses. 3. These high purity substances and mixtures containing controlled substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory use and analytical purposes and specifying that used or surplus substances should be collected and recycled, if practical. The material should be destroyed if recycling is not practical. 4. Parties shall annually report for each controlled substance produced: the purity; the quantity; the application, specific test standard, or procedure requiring its uses; and the status of efforts to eliminate its use in each application. Parties shall also submit copies of published instructions, standards, specifications, and regulations requiring the use of the controlled substance. 5. Pursuant to Decision XVIII/15 of the Parties to the Montreal Protocol, methyl bromide is exempted for the following approved essential laboratory and analytical purposes listed in following items (a) through (d). Use of methyl bromide for field trials is not an approved use under the global laboratory and analytical use exemption. The provisions of Appendix G, paragraphs (1), (2), (3), and (4), regarding purity, mixing, container, and reporting requirements for other exempt ODSs, also apply to the use of methyl bromide under this exemption. a. Methyl bromide is exempted as an approved essential laboratory and analytical use as a reference or standard to calibrate equipment which uses methyl bromide, to monitor methyl bromide emission levels, or to determine methyl bromide residue levels in goods, plants and commodities; b. Methyl bromide is exempted as an approved essential laboratory and analytical when used in laboratory toxicological studies; c. Methyl bromide is exempted as an approved essential laboratory and analytical use to compare the efficacy of methyl bromide and its alternatives inside a laboratory; and d. Methyl bromide is exempted as an approved essential laboratory and analytical use as a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock. [60 FR 24986, May 10, 1995, as amended at 67 FR 6362, Feb. 11, 2002; 72 FR 73269, Dec. 27, 2007] Appendix H to Subpart A of Part 82—Clean Air Act Amendments of 1990 Phaseout Schedule for Production of Ozone-Depleting Substances Date Carbon tetrachloride (percent) Methyl chloroform (percent) Other class substances (percent) 1994 70 85 65 1995 15 70 50 1996 15 50 40 1997 15 50 15 1998 15 50 15 1999 15 50 15 2000 20 2001 20 Appendix I to Subpart A of Part 82—Global Warming Potentials (Mass Basis), Referenced to the Absolute GWP for the Adopted Carbon Cycle Model CO 2 2 Species (chemical) Chemical formula Global warming potential (time horizon) 20 years 100 years 500 years CFC-11 CFCl 3 5000 4000 1400 CFC-12 CF 2 2 7900 8500 4200 CFC-13 CClF 3 8100 11700 13600 CFC-113 C 2 3 3 5000 5000 2300 CFC-114 C 2 4 2 6900 9300 8300 CFC-115 C 2 5 6200 9300 13000 H-1301 CF 3 6200 5600 2200 Carbon Tet CCl 4 2000 1400 500 Methyl Chl CH 3 3 360 110 35 HCFC-22 CF 2 4300 1700 520 HCFC-141b C 2 3 2 1800 630 200 HCFC-142b C 2 2 3 4200 2000 630 HCFC-123 C 2 3 2 300 93 29 HCFC-124 C 2 4 1500 480 150 HCFC-225ca C 3 5 2 550 170 52 HCFC-225cb C 3 5 2 1700 530 170 AUnited Nations Environment Programme (UNEP), February 1995, Scientific Assessment of Ozone Depletion: 1994, Chapter 13, “Ozone Depleting Potentials, Global Warming Potentials and Future Chlorine/Bromine Loading,” and do not reflect review of scientific documents published after that date. [61 FR 1285, Jan. 19, 1996] Appendix J to Subpart A of Part 82—Parties to the Montreal Protocol Classied Under Article 5(1) That Have Banned the Import of Controlled Products That Rely on Class I Controlled Substances for Their Continuing Functioning [Reserved] Appendix K to Subpart A of Part 82—Commodity Codes From the Harmonized Tariff Schedule for Controlled Substances and Used Controlled Substances Description of commodity or chemical Commodity code from harmonized tariff schedule Class II: HCFC-22 (Chlorodifluoromethane) 2903.71.0000 HCFC-123 (Dichlorotrifluoroethane) 2903.72.0020 HCFC-124 (Monochlorotetrafluoroethane) 2903.79.1000 HCFC-141b (Dichlorofluoroethane) 2903.73.0000 HCFC-142b (Chlorodifluoroethane) 2903.74.0000 HCFC-225ca, HCFC-225cb (Dichloropentafluoropropanes) 2903.75.0000 HCFC-21, HCFC-31, HCFC-133, and other HCFCs 2903.79.9070 HCFC Mixtures (R-401A, R-402A, etc.) 3824.74.0000 Class I: CFC-11 (Trichlorofluoromethane) 2903.77.0010 CFC-12 (Dichlorodifluoromethane) 2903.77.0050 CFC-113 (Trichlorotrifluoroethane) 2903.77.0020 CFC-114 (Dichlorotetrafluoroethane) 2903.77.0030 CFC-115 (Monochloropentafluoroethane) 2903.77.0040 CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, CFC-217, and other CFCs 2903.77.0080 CFC Mixtures (R-500, R-502, etc.) 3824.71.0100 Carbon Tetrachloride 2903.14.0000 Halon 1301 (Bromotrifluoromethane) 2903.76.0010 Halon, other 2903.76.0050 Methyl Bromide 2903.39.1520 Methyl Chloroform 2903.19.6010 [85 FR 15299, Mar. 17, 2020] Appendix L to Subpart A of Part 82—Approved Critical Uses and Limiting Critical Conditions for Those Uses Column A Column B Column C Approved Critical Uses Approved Critical User, Location of Use Limiting Critical Conditions PRE-PLANT USES Strawberry Fruit California growers in 2015 and 2016. Moderate to severe black root rot or crown rot Moderate to severe nematode infestation POST-HARVEST USES Dry Cured Pork Products Members of the National Country Ham Association and the American Association of Meat Processors, Nahunta Pork Center (North Carolina), and Gwaltney of Smithfield Inc. Red legged ham beetle infestation [80 FR 61992, Oct. 15, 2015] Subpart B—Servicing of Motor Vehicle Air Conditioners Source: 57 FR 31261, July 14, 1992, unless otherwise noted. § 82.30 Purpose and scope. (a) The purpose of the regulations in this subpart B is to implement section 609 of the Clean Air Act, as amended (Act) regarding the servicing of motor vehicle air conditioners (MVACs), and to implement section 608 of the Act regarding certain servicing, maintenance, repair and disposal of air conditioners in MVACs and MVAC-like appliances (as that term is defined in 40 CFR 82.152). (b) These regulations apply to any person performing service on a motor vehicle for consideration when this service involves the refrigerant in the motor vehicle air conditioner. [57 FR 31261, July 14, 1992, as amended at 62 FR 68046, Dec. 30, 1997] § 82.31 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the sources listed in paragraph (b) of this section. You may inspect a copy of the approved material at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email [email protected] www.archives.gov/federal-register/cfr/ibr-locations.html. (b) SAE International. SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-0001 USA; Email: [email protected]; http://store.sae.org/dlabout.htm. (1) SAE J2843 TM (2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air Conditioning Systems. Revised February 2015; IBR approved for § 82.36(a). (3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging Equipment Intended for use with Both R-1234yf and R-134a. Issued July 2015 ( Note: [86 FR 15595, Mar. 24, 2021] § 82.32 Definitions. (a) Approved independent standards testing organization (b) Approved refrigerant recycling equipment (c) Motor vehicle (d) Motor vehicle air conditioners (e) Properly using. (2) Refrigerant from reclamation facilities that is used for the purpose of recharging motor vehicle air conditioners must be at or above the standard of purity developed by the Air-conditioning and Refrigeration Institute (ARI 700-93) (which is codified at 40 CFR part 82, subpart F, appendix A, and is available at 4301 North Fairfax Drive, Suite 425, Arlington, Virginia 22203). Refrigerant may be recycled off-site only if the refrigerant is extracted using recover only equipment, and is subsequently recycled off-site by equipment owned by the person that owns both the recover only equipment and owns or operates the establishment at which the refrigerant was extracted. In any event, approved equipment must be used to extract refrigerant prior to performing any service during which discharge of refrigerant from the motor vehicle air conditioner can reasonably be expected. Intentionally venting or disposing of refrigerant to the atmosphere is an improper use of equipment. (3) Notwithstanding any other terms of this paragraph (e), approved refrigerant recycling equipment may be transported off-site and used to perform service involving refrigerant at other locations where such servicing occurs. Any such servicing involving refrigerant must meet all of the requirements of this subpart B that would apply if the servicing occurred on-site. (4) Facilities that charge MVACs or MVAC-like appliances with refrigerant but do not perform any other service involving refrigerant ( i.e., (5) All persons opening (as that term is defined in § 82.152) MVAC-like appliances must have at least one piece of approved recovery or recycling equipment available at their place of business. (f) Refrigerant (g) Service for consideration (h) Service involving refrigerant i.e., (i) Motor vehicle disposal facility [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68046, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] § 82.34 Prohibitions and required practices. (a) No person repairing or servicing MVACs for consideration, and no person repairing or servicing MVAC-like appliances, may perform any service involving the refrigerant for such MVAC or MVAC-like appliance: (1) Without properly using equipment approved pursuant to § 82.36; (2) Unless any such person repairing or servicing an MVAC has been properly trained and certified by a technician certification program approved by the Administrator pursuant to § 82.40; and (3) Unless any such person repairing or servicing an MVAC-like appliance has been properly trained and certified by a technician certification program approved by the Administrator pursuant to either § 82.40 or § 82.161(a)(5). (b) Effective November 15, 1992, no person may sell or distribute, or offer for sale or distribution, any class I or class II substance that is suitable for use as a refrigerant in motor vehicle air-conditioner and that is in a container which contains less than 20 pounds of such refrigerant to any person unless that person is properly trained and certified under § 82.40 or intended the containers for resale only, and so certifies to the seller under § 82.42(b)(3). (c) No technician training programs may issue certificates unless the program complies with all of the standards in § 82.40(a). (d) Motor vehicle disposal facilities. (i) Recovered, and reclaimed in accordance with the regulations promulgated under § 82.32(e)(2) of this subpart B; or (ii) (A) Recovered using approved refrigerant recycling equipment dedicated for use with MVACs and MVAC-like appliances, either by a technician certified under paragraph (a)(2) of this section, or by an employee, owner, or operator of, or contractor to, the disposal facility; and (B) Subsequently recycled by the facility that charges or recharges the refrigerant into an MVAC or MVAC-like appliance, properly using approved refrigerant recycling equipment in accordance with any applicable recommended service procedures set forth in the appendices to this subpart B. (2) Any refrigerant the sale of which is restricted under subpart F that is extracted from an MVAC or an MVAC-like appliance bound for disposal and located at a motor vehicle disposal facility but not subsequently reclaimed in accordance with the regulations promulgated under subpart F, may be sold prior to its subsequent re-use only to a technician certified under paragraph (a)(2) of this section. Any technician certified under paragraph (a)(2) of this section who obtains such a refrigerant may subsequently re-use such refrigerant only in an MVAC or MVAC-like appliance, and only if it has been reclaimed or properly recycled. (e) Refrigerant handling equipment manufactured or imported for use during the maintenance, service or repair of MVACs for consideration cannot be introduced into interstate commerce unless meeting the requirements of § 82.36. [57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007] § 82.36 Approved refrigerant handling equipment. (a)(1) Refrigerant recycling equipment must be certified by the Administrator or an independent standards testing organization approved by the Administrator under § 82.38 to meet the following standard: (2) Equipment that recovers and recycles CFC-12 refrigerant must meet the standards set forth in appendix A of this subpart (Recommended Service Procedure for the Containment of CFC-12, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems, and Standard of Purity for Use in Mobile Air Conditioning Systems). (3) Equipment that recovers but does not recycle CFC-12 refrigerant must meet the standards set forth in appendix B of this subpart (Recommended Service Procedure for the Containment of CFC-12 and Extraction Equipment for Mobile Automotive Air-Conditioning Systems). (4) Effective January 1, 2008, equipment that recovers and recycles HFC-134a refrigerant and equipment that recovers and recycles HFC-134a refrigerant and recharges systems with HFC-134a refrigerant must meet the standards set forth in Appendix C of this subpart based upon J2788—HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems. (5) Effective October 31, 2008, equipment that recovers but does not recycle HFC-134a refrigerant must meet the standards set forth in Appendix D of this subpart based upon J2810—HFC-134a (R-134a) Recovery Equipment Mobile Air-Conditioning Systems. (6) Equipment that recovers and recycles both CFC-12 and HFC-134a using common circuitry must meet the standards set forth in appendix E of this subpart (Automotive Refrigerant Recycling Equipment Intended for Use with both CFC-12 and HFC-134a, Recommended Service Procedure for the Containment of CFC-12, and Recommended Service Procedure for the Containment of HFC-134a). (7) Equipment that recovers but does not recycle refrigerants other than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth in appendix F of this subpart (Recover-Only Equipment that Extracts a Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or HFO-1234yf). (8) Equipment that recovers and recycles HFO-1234yf refrigerant from MVACs and recharges MVAC systems with HFO-1234yf refrigerant must meet the standards set forth in SAE J2843 (incorporated by reference, see § 82.31). (9) Equipment that recovers but does not recycle contaminated HFC-134a and/or HFO-1234yf refrigerant from MVACs must meet the standards set forth in SAE J2851 (incorporated by reference, see § 82.31). (10) Equipment that recovers, recycles, and recharges both HFO-1234yf and R-134a from MVACs must meet the standards set forth in SAE J3030 (incorporated by reference, see § 82.31). (b)(1) Refrigerant recycling equipment that has not been certified under paragraph (a) of this section shall be considered approved if it is substantially identical to the applicable equipment certified under paragraph (a) of this section, and: (i) For equipment that recovers and recycles CFC-12 refrigerant, it was initially purchased before September 4, 1991; (ii) For equipment that recovers but does not recycle CFC-12 refrigerant, it was initially purchased before April 22, 1992; (iii) For equipment that recovers and recycles HFC-134a refrigerant, it was initially purchased before March 6, 1996; (iv) For equipment that recovers but does not recycle HFC-134a refrigerant, it was initially purchased before March 6, 1996; (v) For equipment that recovers but does not recycle any single, specific refrigerant other than CFC-12 or HFC-134a, it was initially purchased before March 6, 1996; and (vi) For equipment that recovers and recycles HFC-134a and CFC-12 refrigerant using common circuitry, it was initially purchased before March 6, 1996. (2) Equipment manufacturers or owners may request a determination by the Administrator by submitting an application and supporting documents that indicate that the equipment is substantially identical to approved equipment to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attn: Substantially Identical Equipment Review. Supporting documents must include process flow sheets, lists of components and any other information that would indicate that the equipment is capable of processing the refrigerant to the standards in appendix A, B, C, D, E or F of this subpart, as applicable. Authorized representatives of the Administrator may inspect equipment for which approval is being sought and request samples of refrigerant that has been extracted and/or recycled using the equipment. Equipment that fails to meet appropriate standards will not be considered approved. (3) Refrigerant recycling equipment that recovers or recovers and recycles CFC-12 refrigerant and has not been certified under paragraph (a) or approved under paragraphs(b)(1) and (b)(2) of this section shall be considered approved for use with an MVAC-like appliance if it was manufactured or imported before November 15, 1993, and is capable of reducing the system pressure to 102 mm of mercury vacuum under the conditions set forth in appendix A of this subpart. (c) The Administrator will maintain a list of approved equipment by manufacturer and model. Persons interested in obtaining a copy of the list should send written inquiries to the address in paragraph (b) of this section. [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007; 73 FR 34647, June 18, 2008; 86 FR 15595, Mar. 24, 2021] § 82.38 Approved independent standards testing organizations. (a) Any independent standards testing organization may apply for approval by the Administrator to certify equipment as meeting the standards in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. The application shall be sent to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460. (b) Applications for approval must document the following: (1) That the organization has the capacity to accurately test whether refrigerant recycling equipment complies with the applicable standards. In particular, applications must document: (i) The equipment present at the organization that will be used for equipment testing; (ii) The expertise in equipment testing and the technical experience of the organization's personnel; (iii) Thorough knowledge of the standards as they appear in the applicable appendices of this subpart; and (iv) The test procedures to be used to test equipment for compliance with applicable standards, and why such test procedures are appropriate for that purpose. (2) That the organization has no conflict of interest and will receive no financial benefit based on the outcome of certification testing; and (3) That the organization agrees to allow the Administrator access to verify the information contained in the application. (c) If approval is denied under this section, the Administrator shall give written notice to the organization setting forth the basis for his or her determination. (d) If at any time an approved independent standards testing organization is found to be conducting certification tests for the purposes of this subpart in a manner not consistent with the representations made in its application for approval under this section, the Administrator reserves the right to revoke approval. [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] § 82.40 Technician training and certification. (a) Any technician training and certification program may apply for approval, in accordance with the provisions of this paragraph, by submitting to the Administrator at the address in § 82.38(a) verification that the program meets all of the following standards: (1) Training. (2) Test subject material. (i) The standards established for the service and repair of MVACs and MVAC-like appliances as set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart. These standards relate to the recommended service procedures for the containment of refrigerant, extraction equipment, extraction and recycle equipment, and the standard of purity for refrigerant in motor vehicle air conditioners. (ii) Anticipated future technological developments, such as the introduction of HFC-134a in new motor vehicle air conditioners. (iii) The environmental consequences of refrigerant release and the adverse effects of stratospheric ozone layer depletion. (iv) As of August 13, 1992, the requirements imposed by the Administrator under section 609 of the Act. (3) Test administration. (4) Proof of certification. (b) In deciding whether to approve an application, the Administrator will consider the extent to which the applicant has documented that its program meets the standards set forth in this section. The Administrator reserves the right to consider other factors deemed relevant to ensure the effectiveness of certification programs. The Administrator may approve a program which meets all of the standards in paragraph (a) of this section except test administration if the program, when viewed as a whole, is at least as effective as a program that does meet all the standards. Such approval shall be limited to training and certification conducted before August 13, 1992. If approval is denied under this section, the Administrator shall give written notice to the program setting forth the basis for his determination. (c) Technical revisions. (d) Recertification. (e) If at any time an approved program is conducted in a manner not consistent with the representations made in the application for approval of the program under this section, the Administrator reserves the right to revoke approval. (f) Authorized representatives of the Administrator may require technicians to demonstrate on the business entity's premises their ability to perform proper procedures for recovering and/or recycling refrigerant. Failure to demonstrate or failure to properly use the equipment may result in revocation of the technician's certificate by the Administrator. Technicians whose certification is revoked must be recertified before servicing or repairing any motor vehicle air conditioners. [57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] § 82.42 Certification, recordkeeping and public notification requirements. (a) Certification requirements. (i) The name of the purchaser of the equipment; (ii) The address of the establishment where the equipment will be located; and (iii) The manufacturer name and equipment model number, the date of manufacture, and the serial number of the equipment. The certification must also include a statement that the equipment will be properly used in servicing motor vehicle air conditioners, that each individual authorized by the purchaser to perform service is properly trained and certified in accordance with § 82.40, and that the information given is true and correct. (A) Owners or lessees of recycling or recovery equipment having their places of business in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must send their certifications to: CAA section 609 Enforcement Contact; EPA Region I; Mail Code 04-2; 5 Post Office Square—Suite 100, Boston, MA 02109-3912. (B) Owners or lessees of recycling or recovery equipment having their places of business in New York, New Jersey, Puerto Rico, Virgin Islands must send their certifications to: CAA section 609 Enforcement Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, NY 10007-1866. (C) Owners or lessees of recycling or recovery equipment having their places of business in Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia must send their certifications to: CAA section 609 Enforcement Contact; EPA Region III—Wheeling Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; Wheeling, WV 26003. (D) Owners or lessees of recycling or recovery equipment having their places of business in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee must send their certifications to: CAA section 609 Enforcement Contact; EPA Region IV (APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA 30303. (E) Owners or lessees of recycling or recovery equipment having their places of business in Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin must send their certifications to: CAA section 609 Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.; Chicago, IL 60604-3507. (F) Owners or lessees of recycling or recovery equipment having their places of business in Arkansas, Louisiana, New Mexico, Oklahoma, Texas must send their certifications to: CAA Section 609 Enforcement Contact, EPA Region 6, 1201 Elm Street, Suite 500, Mail Code 6ECDAP, Dallas, Texas 75270-2102. (G) Owners or lessees of recycling or recovery equipment having their places of business in Iowa, Kansas, Missouri, Nebraska must send their certifications to: CAA section 609 Enforcement Contact; EPA Region 7; Mail Code APCO/APDB/ACES; 11201 Renner Boulevard, Lenexa, Kansas 66219. (H) Owners or lessees of recycling or recovery equipment having their places of business in Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming must send their certifications to: CAA section 609 Enforcement Contact, EPA Region VIII, Mail Code 8ENF-T, 999 18th Street, Suite 500, Denver, CO 80202-2466. (I) Owners or lessees of recycling or recovery equipment having their places of business in American Samoa, Arizona, California, Guam, Hawaii, Nevada must send their certifications to: CAA section 609 Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne Street; San Francisco, CA 94105. (J) Owners or lessees of recycling or recovery equipment having their places of business in Alaska, Idaho, Oregon, Washington must send their certifications to: CAA section 609 Enforcement Contact; EPA Region X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101. (b) Recordkeeping requirements. (2) Any person who owns approved refrigerant recycling equipment must retain records demonstrating that all persons authorized to operate the equipment are currently certified under § 82.40. (3) Any person who sells or distributes any class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner and that is in a container of less than 20 pounds of such refrigerant must verify that the purchaser is properly trained and certified under § 82.40. The seller must have a reasonable basis for believing that the information presented by the purchaser is accurate. The only exception to these requirements is if the purchaser is purchasing the small containers for resale only. In this case, the seller must obtain a written statement from the purchaser that the containers are for resale only and indicate the purchasers name and business address. Records required under this paragraph must be retained for a period of three years. (4) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. Entities which service motor vehicle air conditioners for consideration must keep these records on-site. (5) All entities which service motor vehicle air conditioners for consideration must allow an authorized representative of the Administrator entry onto their premises (upon presentation of his or her credentials) and give the authorized representative access to all records required to be maintained pursuant to this section. (c) Public notification. “It is a violation of federal law to sell containers of Class I and Class II refrigerant of less than 20 pounds of such refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment.” [57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 72 FR 63494, Nov. 9, 2007; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34070, July 17, 2019; 84 FR 44230, Aug. 23, 2019] Appendix A to Subpart B of Part 82—Standard for Recycle/Recover Equipment Standard of Purity for Use in Mobile Air-Conditioning Systems Foreword Due to the CFC's damaging effect on the ozone layer, recycle of CFC-12 (R-12) used in mobile air-conditioning systems is required to reduce system venting during normal service operations. Establishing recycle specifications for R-12 will assure that system operation with recycled R-12 will provide the same level of performance as new refrigerant. Extensive field testing with the EPA and the auto industry indicate that reuse of R-12 removed from mobile air-conditioning systems can be considered, if the refrigerant is cleaned to a specific standard. The purpose of this standard is to establish the specific minimum levels of R-12 purity required for recycled R-12 removed from mobile automotive air-conditioning systems. 1. Scope This information applies to refrigerant used to service automobiles, light trucks, and other vehicles with similar CFC-12 systems. Systems used on mobile vehicles for refrigerated cargo that have hermetically sealed, rigid pipe are not covered in this document. 2. References SAE J1989, Recommended Service Procedure for the Containment of R-12 SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems ARI Standard 700-88 3. Purity Specification The refrigerant in this document shall have been directly removed from, and intended to be returned to, a mobile air-conditioning system. The contaminants in this recycled refrigerant 12 shall be limited to moisture, refrigerant oil, and noncondensable gases, which shall not exceed the following level: 3.1 Moisture: 3.2 Refrigerant Oil: 3.3 Noncondensable Gases (air): 4. Refrigeration Recycle Equipment Used in Direct Mobile Air-Conditioning Service Operations Requirement 4.1 The equipment shall meet SAE J1990, which covers additional moisture, acid, and filter requirements. 4.2 The equipment shall have a label indicating that it is certified to meet this document. 5. Purity Specification of Recycled R-12 Refrigerant Supplied in Containers From Other Recycle Sources Purity specification of recycled R-12 refrigerant supplied in containers from other recycle sources, for service of mobile air-conditioning systems, shall meet ARI Standard 700-88 (Air Conditioning and Refrigeration Institute). 6. Operation of the Recycle Equipment This shall be done in accordance with SAE J1989. Rationale Not applicable. Relationship of SAE Standard to ISO Standard Not applicable. Reference Section SAE J1989, Recommended Service Procedure for the Containment of R-12 SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems ARI Standard 700-88 Application This information applies to refrigerant used to service automobiles, light trucks, and other vehicles with similar CFC-12 systems. Systems used on mobile vehicles for refrigerated cargo that have hermetically sealed, rigid pipe are not covered in this document. Committee Composition Developed by the SAE Defrost and Interior Climate Controls Standards Committee W.J. Atkinson, Sun Test Engineering, Paradise Valley, AZ—Chairman J.J. Amin, Union Lake, MI H.S. Andersson, Saab Scania, Sweden P.E. Anglin, ITT Higbie Mfg. Co., Rochester, MI R.W. Bishop, GMC, Lockport, NY D. Hawks, General Motors Corporation, Pontiac, MI J.J. Hernandez, NAVISTAR, Ft. Wayne, IN H. Kaltner, Volkswagen AG, Germany, Federal Republic D.F. Last, GMC, Troy, MI D.E. Linn, Volkswagen of America, Warren, MI J.H. McCorkel, Freightliner Corp., Charlotte, NC C.J. McLachlan, Livonia, MI H.L. Miner, Climate Control Inc., Decatur, IL R.J. Niemiec, General Motors Corp., Pontiac, MI N. Novak, Chrysler Corp., Detroit, MI S. Oulouhojian, Mobile Air Conditioning Society, Upper Darby, PA J. Phillips, Air International, Australia R.H. Proctor, Murray Corp., Cockeysville, MD G. Rolling, Behr America Inc., Ft. Worth, TX C.D. Sweet, Signet Systems Inc., Harrodsburg, KY J.P. Telesz, General Motors Corp., Lockport, NY Extraction and Recycle Equipment for Mobile Automotive Air Conditioning Systems SAE Recommended Practice, SAE J1990 (1991) 1 0. Foreword 1 Extensive field testing with the EPA and the auto industry indicates that R-12 can be reused, provided that it is cleaned to specifications in SAE J1991. The purpose of this document is to establish the specific minimum equipment specification required for recycle of R-12 that has been directly removed from mobile systems for reuse in mobile automotive air-conditioning systems. 1. Scope The purpose of this document is to provide equipment specifications for CFC-12 (R-12) recycling equipment. This information applies to equipment used to service automobiles, light trucks, and other vehicles with similar CFC-12 air-conditioning systems. Systems used on mobile vehicles for refrigerated cargo that have hermetically sealed systems are not covered in this document. The equipment in this document is intended for use with refrigerant that has been directly removed from, and intended to be returned to, a mobile air-conditioning system. Should other revisions due to operational or technical requirements occur, this document may be amended. 2. References 2.1 Applicable Documents: 2.1.1 SAE Publications—Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-0001. SAE J1991—Standard of Purity for Use in Mobile Air-Conditioning Systems SAE J2196—Service Hose for Automotive Air-Conditioning 2.1.2 CGA Publications—Available from CGA, Crystal Gateway #1, Ste. 501, 1235 Jefferson Davis Hwy., Arlington, VA 22202 CGA Pamphlet S-1.1—Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases 3. Specification and General Description 3.1 The equipment must be able to extract and process CFC-12 from mobile air-conditioning systems. The equipment shall process the contaminated R-12 samples as defined in 8.4 and shall clean the refrigerant to the level as defined in SAE J1991. 3.2 The equipment shall be suitable for use in an automotive service environment and be capable of continuous operation in ambients from 10 to 49 °C. 3.3 The equipment must be certified by Underwriters Laboratories or an equivalent certifying laboratory. 3.4 The equipment shall have a label “Design Certified by (Company Name) to Meet SAE J1991”. The minimum letter size shall be bold type 3 mm in height. 4. Refrigeration Recycle Equipment Requirements 4.1 Moisture and Acid—The equipment shall incorporate a desiccant package that must be replaced before saturated with moisture and whose mineral acid capacity is at least 5% by weight of total system dry desiccant. 4.1.1 The equipment shall be provided with a moisture detection device that will reliably indicate when moisture in the CFC-12 exceeds the allowable level and requires the filter/dryer replacement. 4.2 Filter—The equipment shall incorporate an in-line filter that will trap particulates of 15 µm or greater. 4.3 Noncondensable Gas. 4.3.1 The equipment shall either automatically purge noncondensables (NCGs) if the acceptable level is exceeded or incorporate a device to alert the operator that NCG level has been exceeded. NCG removal must be part of normal operation of the equipment and instructions must be provided to enable the task to be accomplished within 30 minutes. 4.3.2 Refrigerant loss from noncondensable gas purging during testing described in Section 8 shall not exceed five percent (5%) by weight of the total contaminated refrigerant removed from the test system. 4.3.3 Transfer of Recycled Refrigerant—Recycled refrigerant for recharging and transfer shall be taken from the liquid phase only. 5. Safety Requirements 5.1 The equipment must comply with applicable federal, state and local requirements on equipment related to the handling of R-12 material. Safety precautions or notices related to the safe operation of the equipment shall be prominently displayed on the equipment and should also state “Caution—Should Be Operated By Qualified Personnel”. 6. Operating Instructions 6.1 The equipment manufacturer must provide operating instructions, necessary maintenance procedures, and source information for replacement parts and repair. 6.2 The equipment must prominently display the manufacturer's name, address and any items that require maintenance or replacement that affect the proper operation of the equipment. Operation manuals must cover information for complete maintenance of the equipment to assure proper operation. 7. Functional Description 7.1 The equipment must be capable of ensuring recovery of the R-12 from the system being service, by reducing the system pressure below atmospheric to a minimum of 102 mm of mercury. 7.2 To prevent overcharge, the equipment must be equipped to protect the tank used to store the recycled refrigerant with a shutoff device and a mechanical pressure relief valve. 7.3 Portable refillable tanks or containers used in conjunction with this equipment must meet applicable Department of Transportation (DOT) or Underwriters Laboratories (UL) Standards and be adaptable to existing refrigerant service and charging equipment. 7.4 During operation, the equipment shall provide overfill protection to assure the storage container, internal or external, liquid fill does not exceed 80% of the tank's rated volume at 21.1 °C (70 °F) per DOT standards, CFR title 49, § 173.304 and American Society of Mechanical Engineers. 7.4.1 Additional Storage Tank Requirements. 7.4.1.1 The cylinder valve shall comply with the standard for cylinder valves, UL 1769. 7.4.1.2 The pressure relief device shall comply with the Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases, CGA Pamphlet S-1.1. 7.4.1.3 The tank assembly shall be marked to indicate the first retest date, which shall be 5 years after date of manufacture. The marking shall indicate that retest must be performed every subsequent 5 years. The marking shall be in letters at least 1/4 7.5 All flexible hoses must meet SAE J2196 hose specification effective January 1, 1992. 7.6 Service hoses must have shutoff devices located within 30 cm (12 in) of the connection point to the system being serviced to minimize introduction of noncondensable gases into the recovery equipment and the release of the refrigerant when being disconnected. 7.7 The equipment must be able to separate the lubricant from the recovered refrigerant and accurately indicate the amount removed during the process, in 30 ml units. Refrigerant dissolves in lubricant sample. This creates the illusion that more lubricant has been recovered than actually has been. The equipment lubricant measuring system must take in account such dissolved refrigerant to prevent overcharging the vehicle system with lubricant. Note: Use only new lubricant to replace the amount removed during the recycle process. Used lubricant should be discarded per applicable federal, state, and local requirements. 7.8 The equipment must be capable of continuous operation in ambient of 10 to 49 °C (50 to 120 °F). 7.9 The equipment should be compatible with leak detection material that may be present in the mobile AC system. 8. Testing This test procedure and the requirement are used for evaluation of the equipment for its ability to clean the contaminated R-12 refrigerant. 8.1 The equipment shall clean the contaminated R-12 refrigerant to the minimum purity level as defined in SAE J1991, when tested in accordance with the following conditions: 8.2 For test validation, the equipment is to be operated according to the manufacturer's instructions. 8.3 The equipment must be preconditioned with 13.6 kg (30 lb) of the standard contaminated R-12 at an ambient of 21 °C (70 °F) before starting the test cycle. Sample amounts are not to exceed 1.13 kg (2.5 lb) with sample amounts to be repeated every 5 min. The sample method fixture, defined in Fig. 1, shall be operated at 24 °C (75 °F). 8.4 Contaminated R-12 Samples. 8.4.1 Standard contaminated R-12 refrigerant shall consist of liquid R-12 with 100 ppm (by weight) moisture at 21 °C (70 °F) and 45,000 ppm (by weight) mineral oil 525 suspension nominal and 770 ppm by weight of noncondensable gases (air). 8.4.2 High moisture contaminated sample shall consist of R-12 vapor with 1,000 ppm (by weight) moisture. 8.4.3 High oil contaminated sample shall consist of R-12 with 200,000 ppm (by weight) mineral oil 525 suspension viscosity nominal. 8.5 Test Cycle. 8.5.1 After preconditioning as stated in 8.3, the test cycle is started, processing the following contaminated samples through the equipment: 8.5.1.1 3013.6 kg (30 lb) of standard contaminated R-12. 8.5.1.2 1 kg (2.2 lb) of high oil contaminated R-12. 8.5.1.3 4.5 kg (10 lb) of standard contaminated R-12. 8.5.1.4 1 kg (2.2 lb) of high moisture contaminated R-12. 8.6 Equipment Operating Ambient. 8.6.1 The R-12 is to be cleaned to the minimum purity level, as defined in SAE J1991, with the equipment operating in a stable ambient of 10, 21, and 49 °C (50, 70, and 120 °F) and processing the samples as defined in 8.5. 8.7 Sample Analysis. 8.7.1 The processed contaminated sample shall be analyzed according to the following procedure. 8.8 Quantitative Determination of Moisture. 8.8.1 The recycled liquid phase sample of CFC-12 shall be analyzed for moisture content via Karl Fischer coulometer titration or an equivalent method. The Karl Fischer apparatus is an instrument for precise determination of small amounts of water dissolved in liquid and/or gas samples. 8.8.2 In conducting the test, a weighed sample of 30 to 130 grams is vaporized directly into the Karl Fischer analyte. A coulometer titration is conducted and the results are calculated and displayed as parts per million moisture (weight). 8.9 Determination of Percent Lubricant. 8.9.1 The amount of oil in the recycled sample of CFC-12 is to be determined by gravimetric analysis. 8.9.2 Following venting of noncondensable, in accordance with the manufacturer's operating instructions, the refrigerant container shall be shaken for 5 minutes prior to extracting samples for test. 8.9.3 A weighted sample of 175 to 225 grams of liquid CFC-12 is allowed to evaporate at room temperature. The percent oil is to be calculated from the weight of the original sample and the residue remaining after the evaporation. 8.10 Noncondensable Gas. 8.10.1 The amount of noncondensable gas is to be determined by gas chromatography. A sample of vaporized refrigerant liquid shall be separated and analyzed by gas chromatography. A Porapak Q column at 130 °C and a hot wire detector may be used for analysis. 8.10.2 This test shall be conducted on recycled refrigerant (taken from the liquid phase) within 30 minutes after the proper venting of noncondensable. 8.10.3 Samples shall be shaken for 8 hours prior to retesting while at a temperature of 24 ±2.8 °C (75 ±5 °F). Known volumes of refrigerant vapor are to be injected for separation and analysis by means of gas chromatography. A Porapak Q column at 130 °C (266 °F) and a hot wire detector are to be used for the analysis. 8.10.4 This test shall be conducted at 21 and 49 °C and may be performed in conjunction with the testing defined in Section 8.6. The equipment shall process at least 13.6 kg of standard contaminated refrigerant for this test. 8.11 Sample Requirements. 8.11.1 The sample shall be tested as defined in 8.7, 8.8, 8.9, and 8.10 at ambient temperatures of 10, 21, and 49 °C (50, 70, and 120 °F) as defined in 8.6.1. Recommended Service Procedure for the Containment of R-12 1. Scope During service of mobile air-conditioning systems, containment of the refrigerant is important. This procedure provides service guidelines for technicians when repairing vehicles and operating equipment defined in SAE J1990. 2. References SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems 3. Refrigerant Recovery Procedure 3. 1 Connect the recovery unit service hoses, which shall have shutoff valves within 12 in (30 cm) of the service ends, to the vehicle air-conditioning system service ports. 3.2 Operate the recovery equipment as covered by the equipment manufacturers recommended procedure. 3.2.1 Start the recovery process and remove the refrigerant from the vehicle AC system. Operate the recovery unit until the vehicle system has been reduced from a pressure to a vacuum. With the recovery unit shut off for at least 5 min, determine that there is no refrigerant remaining in the vehicle AC system. If the vehicle system has pressure, additional recovery operation is required to remove the remaining refrigerant. Repeat the operation until the vehicle AC system vacuum level remains stable for 2 min. 3.3 Close the valves in the service lines and then remove the service lines from the vehicle system. Proceed with the repair/service. If the recovery equipment has automatic closing valves, be sure they are properly operating. 4. Service With Manifold Gage Set 4.1 Service hoses must have shutoff valves in the high, low, and center service hoses within 12 in (30 cm) of the service ends. Valves must be closed prior to hose removal from the air-conditioning system. This will reduce the volume of refrigerant contained in the service hose that would otherwise be vented to atmosphere. 4.2 During all service operations, the valves should be closed until connected to the vehicle air-conditioning system or the charging source to avoid introduction of air and to contain the refrigerant rather than vent open to atmosphere. 4.3 When the manifold gage set is disconnected from the air-conditioning system or when the center hose is moved to another device which cannot accept refrigerant pressure, the gage set hoses should first be attached to the reclaim equipment to recover the refrigerant from the hoses. 5. Recycled Refrigerant Checking Procedure for Stored Portable Auxiliary Container 5.1 To determine if the recycled refrigerant container has excess noncondensable gases (air), the container must be stored at a temperature of 65 °F (18.3 °C) or above for a period of time, 12 h, protected from direct sun. 5.2 Install a calibrated pressure gage, with 1 psig divisions (0.07 kg), to the container and determine the container pressure. 5.3 With a calibrated thermometer, measure the air temperature within 4 in (10 cm) of the container surface. 5.4 Compare the observed container pressure and air temperature to determine if the container exceeds the pressure limits found on Table 1, e.g., air temperature 70 °F (21 °C) pressure must not exceed 80 psig (5.62 kg/cm 2 Table 1 Temp °F Psig Temp °F Psig Temp °F Psig Temp °F Psig Temp °F Psig 65 74 75 87 85 102 95 118 105 136 66 75 76 88 86 103 96 120 106 138 67 76 77 90 87 105 97 122 107 140 68 78 78 92 88 107 98 124 108 142 69 79 79 94 89 108 99 125 109 144 70 80 80 96 90 110 100 127 110 146 71 82 81 98 91 111 101 129 111 148 72 83 82 99 92 113 102 130 112 150 73 84 83 100 93 115 103 132 113 152 74 86 84 101 94 116 104 134 114 154 Table 1 (Metric) Temp °C Pres Temp °C Pres Temp °C Pres Temp °C Pres Temp °C PRres 18.3 5.20 23.9 6.11 29.4 7.17 35.0 8.29 40.5 9.56 18.8 5.27 24.4 6.18 30.0 7.24 35.5 8.43 41.1 9.70 19.4 5.34 25.0 6.32 30.5 7.38 36.1 8.57 41.6 9.84 20.0 5.48 25.5 6.46 31.1 7.52 36.6 8.71 42.2 9.98 20.5 5.55 26.1 6.60 31.6 7.59 37.2 8.78 42.7 10.12 21.1 5.62 26.6 6.74 32.2 7.73 37.7 8.92 43.3 10.26 21.6 5.76 27.2 6.88 32.7 7.80 38.3 9.06 43.9 10.40 22.2 5.83 27.7 6.95 33.3 7.94 38.8 9.13 44.4 10.54 22.7 5.90 28.3 7.03 33.9 8.08 39.4 9.27 45.0 10.68 23.3 6.04 28.9 7.10 34.4 8.15 40.0 9.42 45.5 10.82 Pres kg/sq cm. 5.5 If the container pressure is less than the Table 1 values and has been recycled, limits of noncondensable gases (air) have not been exceeded and the refrigerant may be used. 5.6 If the pressure is greater than the range and the container contains recycled material, slowly vent from the top of the container a small amount of vapor into the recycle equipment until the pressure is less than the pressure shown on Table 1. 5.7 If the container still exceeds the pressure shown on Table 1, the entire contents of the container shall be recycled. 6. Containers for Storage of Recycled Refrigerant 6.1 Recycled refrigerant should not be salvaged or stored in disposable refrigerant containers. This is the type of container in which virgin refrigerant is sold. Use only DOT CFR title 49 or UL approved storage containers for recycled refrigerant. 6.2 Any container of recycled refrigerant that has been stored or transferred must be checked prior to use as defined in section 5. 7. Transfer of Recycled Refrigerant 7.1 When external portable containers are used for transfer, the container must be evacuated at least 27 in of vacuum (75 mm Hg absolute pressure) prior to transfer of the recycled refrigerant. External portable containers must meet DOT and UL standards. 7.2 To prevent on-site overfilling when transferring to external containers, the safe filling level must be controlled by weight and must not exceed 60% of container gross weight rating. 8. Disposal of Empty/Near Empty Containers 8.1 Since all the refrigerant may not be removed from disposable refrigerant containers during normal system charging procedures, empty/near empty container contents should be reclaimed prior to disposal of the container. 8.2 Attach the container to the recovery unit and remove the remaining refrigerant. When the container has been reduced from a pressure to a vacuum, the container valve can be closed. The container should be marked empty and is ready for disposal. Rationale Not applicable. Relationship of SAE Standard to ISO Standard. Not applicable. Reference Section SAE J1990, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems Application During service of mobile air-conditioning systems, containment of the refrigerant is important. This procedure provides service guidelines for technicians when repairing vehicles and operating equipment defined in SAE J1990. Committee Composition Developed by the SAE Defrost and Interior Climate Control Standards Committee W.J. Atkinson, Sun Test Engineering, Paradise Valley, AZ—Chairman J.J. Amin, Union Lake, MI H.S. Andersson, Saab Scania, Sweden P.E. Anglin, ITT Higbie Mfg. Co., Rochester, MI R.W. Bishop, GMC, Lockport, NY D.Hawks, General Motors Corporation, Pontiac, MI J.J. Hernandez, NAVISTAR, Ft. Wayne, IN H. Kaltner, Volkswagen AG, Germany, Federal Republic D.F. Last, GMC, Troy, MI D.E. Linn, Volkswagen of America, Warren, MI J.H. McCorkel, Freightliner Corp., Charlotte, NC C.J. McLachlan, Livonia, MI H.L. Miner, Climate Control Inc., Decatur, IL R.J. Niemiec, General Motors Corp., Pontiac, MI N. Novak, Chrysler Corp., Detroit, MI S. Oulouhojian, Mobile Air Conditioning Society, Upper Darby, PA J. Phillips, Air International, Australia R.H. Proctor, Murray Corp., Cockeysville, MD G. Rolling, Behr America Inc., Ft. Worth, TX C.D. Sweet, Signet Systems Inc., Harrodsburg, KY J.P. Telesz, General Motors Corp., Lockport, NY Appendix B to Subpart B of Part 82—Standard for Recover Equipment SAE J1989, Recommended Service Procedure for the Containment of R-12, as set forth under Appendix A, also applies to this Appendix B. SAE J2209, issued June, 1992. SAE Recommended Practice: CFC-12 (R-12) Extraction Equipment for Mobile Automotive Air-Conditioning Systems Foreword CFCs deplete the stratospheric ozone layer that protects the earth against harmful ultraviolet radiation. To reduce the emissions of CFCs, the 1990 Clean Air Act requires recycle of CFC-12 (R-12) used in mobile air-conditioning systems to eliminate system venting during service operations. SAE J1990 establishes equipment specifications for on-site recovery and reuse of CFCs in mobile air-conditioning systems. Establishing extraction equipment specifications for CFC-12 will provide service facilities with equipment to assure that venting of refrigerant will not occur. 1. Scope The purpose of this document is to provide equipment specifications for CFC-12 (R-12) recovery for recycling on-site or for transport off-site to a refrigerant reclamation facility that will process it to ARI (Air-Conditioning and Refrigeration Institute) standard 700-93 as a minimum. It is not acceptable that the refrigerant removed from a mobile air-conditioning system, with this equipment, be directly returned to a mobile air-conditioning system. This information applies to equipment used to service automobiles, light trucks, and other vehicles with similar CFC-12 systems. 2. References 2. Applicable Documents—The following documents form a part of this specification to the extent specified herein. 2.1.1 SAE Publications—Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-0001. SAE J639—Vehicle Service Coupling SAE J1990—Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems SAE J2196—Service Hose for Automotive Air-Conditioning 2.1.2 ARI Publications—Available from Air-Conditioning and Refrigeration Institute, 1501 Wilson Boulevard, Sixth Floor, Arlington, VA 22209. ARI 700-93—Specifications for Fluorocarbon Refrigerants 2.1.3 CGA Publications—Available from CGA, Crystal Gateway #1, Suite 501, 1235 Jefferson Davis Highway, Arlington, VA 22202. CGA S-1.1—Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases 2.1.4 DOT Specifications—Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. 49 CFR, Section 173.304—Shippers—General Requirements for Shipments and Packagings 2.1.5 UL Publications—Available from Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096. UL 1769—Cylinder Valves 3. Specifications and General Description 3.1 The equipment must be able to extract CFC-12 from a mobile air-conditioning system. 3.2 The equipment discharge or transfer fitting shall be unique to prevent the unintentional use of extracted CFC-12 to be used for recharging auto air conditioners. 3.3 The equipment shall be suitable for use in an automotive service garage environment as defined in 6.8. 3.4 Equipment Certification—The equipment must be certified by Underwriters Laboratories or an equivalent certifying laboratory to meet this standard. 3.5 Label Requirements—The equipment shall have a label “Design Certified by (company name) to meet SAE J2209 for use with CFC-12. The refrigerant from this equipment must be processed to ARI 700-93 specifications before reuse in a mobile air-conditioning system.” The minimum letter size shall be bold type 3mm in height. 4. Safety Requirements 4.1 The equipment must comply with applicable federal, state and local requirements on equipment related to the handling of R-12 material. Safety precautions or notices or labels related to the safe operation of the equipment shall also be prominently displayed on the equipment and should also state “CAUTION—SHOULD BE OPERATED BY CERTIFIED PERSONNEL.” The safety identification shall be located on the front near the controls. 4.2 The equipment must comply with applicable safety standards for electrical and mechanical requirements. 5. Operating Instructions 5.1 The equipment manufacturer must provide operating instructions, necessary maintenance procedures and source information for replacement parts and repair. 5.2 The equipment must prominently display the manufacturer's name, address and any items that require maintenance or replacement that affect the proper operation of the equipment. Operation manuals must cover information for complete maintenance of the equipment to assure proper operation. 6. Functional Description 6.1 The equipment must be capable of ensuring recovery of the CFC-12 from the system being serviced, by reducing the system pressure to a minimum of 102 mm of mercury below atmospheric. To prevent system delayed outgassing, the unit must have a device that assures that the refrigerant has been recovered from the air-conditioning system. 6.1.1 Testing laboratory certification of the equipment capability is required which shall process contaminated refrigerant samples at specific temperatures. 6.2 The equipment must be preconditioned with 13.6 kg of the standard contaminated CFC-12 at an ambient of 21 °C before starting the test cycle. Sample amounts are not to exceed 1.13 kg with sample amounts to be repeated every 5 minutes. The sample method fixture defined in Figure 1 of appendix A shall be operated at 24 °C. Contaminated CFC-12 samples shall be processed at ambient temperatures of 10 and 49 °C. 6.2.1 Contaminated CFC-12 sample. 6.2.2 Standard contaminated CFC-12 refrigerant, 13.6 Kg sample size, shall consist of liquid CFC-12 with 100 ppm (by weight) moisture at 21 °C and 45,000 ppm (by weight) mineral oil 525 suspension nominal and 770 ppm (by weight) of noncondensable gases (air). 6.3 Portable refillable containers used in conjunction with this equipment must meet applicable DOT standards. 6.3.1 The container color must be gray with yellow top to identify that it contains used CFC-12 refrigerant. It must be permanently marked on the outside surface in black print at least 20 mm high “DIRTY R-12—DO NOT USE, MUST BE REPROCESSED”. 6.3.2 The portable refillable container shall have a SAE 3/8 6.3.3 During operation the equipment shall provide overfill protection to assure that the storage container liquid fill does not exceed 80% of the tank's rated volume at 21 °C per DOT standard, CFR Title 49, section 173.304 and the American Society of Mechanical Engineers. 6.4 Additional Storage Tank Requirements. 6.4.1 The cylinder valve shall comply with the standard for cylinder valves, UL 1769. 6.4.2 The pressure relief device shall comply with the pressure relief device standard part 1, CGA pamphlet S-1.1. 6.4.3 The container assembly shall be marked to indicate the first retest date, which shall be 5 years after date of manufacture. The marking shall indicate that retest must be performed every subsequent five years. The marking shall be in letters at least 6 mm high. 6.5 All flexible hoses must meet SAE J2196 standard for service hoses. 6.6 Service hoses must have shutoff devices located within 30 cm of the connection point to the system being serviced to minimize introduction of noncondensable gases into the recovery equipment during connection and the release of the refrigerant during disconnection. 6.7 The equipment must be able to separate the lubricant from the recovered refrigerant and accurately indicate the amount removed from the system during processing in 30 ml units. 6.7.1 The purpose of indicating the amount of lubricant removed is to ensure that a proper amount is returned to the mobile air-conditioning system for compressor lubrication. 6.7.2 Refrigerant dissolved in this lubricant must be accounted for to prevent system lubricant overcharge of the mobile air-conditioning system. 6.7.3 Only new lubricant, as identified by the system manufacturer, should be replaced in the mobile air-conditioning system. 6.7.4 Removed lubricant from the system and/or the equipment shall be disposed of in accordance with applicable federal, state and local procedures and regulations. 6.8 The equipment must be capable of continuous operation in ambient temperatures of 10 °C to 49 °C and comply with 6.1. 6.9 The equipment should be compatible with leak detection material that may be present in the mobile air-conditioning system. 7.0 For test validation, the equipment is to be operated according to the manufacturer's instructions. [60 FR 21688, May 2, 1995] Appendix C to Subpart B of Part 82—SAE J2788 Standard for Recovery/Recycle and Recovery/Recycle/Recharging Equipment for HFC-134 a Foreword This Appendix establishes the specific minimum equipment requirements for the recovery/recycling of HFC-134a that has been directly removed from, and is intended for reuse in, mobile air-conditioning systems and recovery/recycling and system recharging of recycled, reclaimed or virgin HFC-134a. Establishing such specifications will ensure that system operation with recycled HFC-134a will provide the same level of performance and durability as new refrigerant. 1. Scope The purpose of this SAE Standard is to establish the specific minimum equipment performance requirements for recovery and recycling of HFC-134a that has been directly removed from, and is intended for reuse in, mobile air-conditioning (A/C) systems. It also is intended to establish requirements for equipment used to recharge HFC-134a to an accuracy level that meets Section 9 of this document and SAE J2099. The requirements apply to the following types of service equipment and their specific applications. a. Recovery/Recycling Equipment, b. Recovery/Recycling—Refrigerant Charging, c. Refrigerant Recharging Equipment Only. 1.1 Improved refrigerant recovery equipment is required to ensure adequate refrigerant recovery to reduce emissions and provide for accurate recharging of mobile air conditioning systems. Therefore, 12 months following the publication date of this standard, requirements in this standard supplements and supersedes, SAE J2210. 2. References 2.1 Applicable Publications The following publications form a part of this specification to the extent specified herein. Unless otherwise indicated, the latest issue of SAE publications shall apply. 2.1.1 SAE Publications Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-0001, Tel: 877-606-7323 (inside USA and Canada) or 724-776-4970 (outside USA), www.sae.org. SAE J2099 Standard of Purity for Recycled HFC-134a (R-134a) for Use in Mobile Air-Conditioning Systems SAE J2196 Service Hoses for Automotive Air-Conditioning SAE J2197 Service Hose Fittings for Automotive Air-Conditioning SAE J2296 Retest of Refrigerant Container 2.1.2 CGA Publications Available from CGA, 4221 Walney Road, 5th Floor, Chantilly VA 20151-2923, Tel: 703-788-2700, http://www.cganet.com. CGA Pamphlet S-1.1 Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases 2.1.3 DOT Publications Available from the Superintendent of Documents, U.S. Government Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320. OT Standard, CFR Title 49, Section 173.304 Shippers—General Requirements for Shipments and Packagings 2.1.4 UL Publications Available from Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL 60062-2096, Tel: 847-272-8800, http://www.ul.com. UL 1769 Cylinder Valves UL 1963 Refrigerant Recovery/Recycling Equipment 3. Specification and General Description 3.1 The equipment must be able to remove and process HFC-134a (R-134a) from mobile A/C systems to the purity level specified in SAE J2099. 3.2 The equipment shall be suitable for use in an automotive service garage environment and be capable of continuous operation in ambients from 10 °C to 49 °C (50 °F to 120 °F). If it is designed to recharge a system, and it uses a scale for this purpose, the scale must demonstrate the ability to maintain accuracy per the test in 10.2. 3.3 The equipment must be certified that it meets this specification by an EPA listed certifying laboratory. 3.4 The equipment shall have a label, which states, “Certified by (Certifying Agent) to Meet SAE J2788 superseding SAE J2210” in bold-type letters a minimum of 3 mm ( 1/8 4. Refrigerant Recycling Equipment Requirements 4.1 Moisture and Acid The equipment shall incorporate a desiccant package that must be replaced before saturation with moisture, and whose mineral acid capacity is at least 5% by weight of the dry desiccant. 4.1.1 The equipment shall be provided with a means of indicating when the filter desiccant moisture capacity has reached the allowable limit and desiccant replacement is required. This may include a reliable means of detecting moisture level or an algorithm based on the amount refrigerant recovered. The user must be clearly alerted to replace the filter prior to the full saturation. Warnings shall be displayed on screens and (printed on printouts where applicable). The warnings must explain that the machine is approaching the end of filter life. The manufacturer must incorporate a lockout when the end of filter life is reached. 4.1.2 The manufacturer shall use an identification system to ensure that a new filter has been installed to reset the machine for operation. 4.2 Filter The equipment shall incorporate an in-line filter that will trap particulates of 15 micron spherical diameter or greater. 4.3 Scale (if used) The scale must maintain accuracy when moved, as per the test in Section 10. 4.4 Purging Noncondensable Gases 4.4.1 The equipment shall automatically purge noncondensables (NCGs), which are primarily air, if the acceptable level is exceeded. NCG removal must be part of the normal operation of the equipment and instructions must be provided to enable the task to be accomplished within 30 min (to reach the refrigerant purity level specified in SAE J2099). 4.4.2 Refrigerant loss from noncondensable gas purging during the testing described in Section 8 shall be minimized by a method that initiates a purge when the machine has not been in use for a period long enough for air-refrigerant separation in the tank to have occurred. 4.5 Recharging and Transfer of Recycled Refrigerant Recycled refrigerant for recharging and transfer shall be taken from the liquid phase only. 5. Safety Requirements 5.1 The equipment must comply with applicable federal, state, and local requirements on equipment related to handling HFC-134a material. Safety precautions or notices related to safe operation of the equipment shall be prominently displayed on the equipment and should also state “CAUTION—SHOULD BE OPERATED BY QUALIFIED PERSONNEL.” 5.2 Under NO CIRCUMSTANCES should any equipment be pressure tested or leak tested with air/HFC-134a mixtures. Do not use compressed air (shop air) or leak detection in systems containing HFC-134a. 6. Operating Instructions 6.1 The equipment manufacturer shall provide a warning in the instruction manual regarding the possibility of refrigerant contamination in the mobile A/C system being serviced. 6.1.1 If recovery/recycle equipment has refrigerant identification equipment, the refrigerant identification equipment shall meet the requirements of SAE J1771. 6.1.2 Recovery/recycling equipment not having refrigerant identification capability shall have instructions in the equipment manual covering possible contamination problems to the equipment and the contamination of the existing recycled refrigerant in the container in the equipment. 6.2 The equipment manufacturer must provide operating instructions, including proper attainment of vehicle system vacuum (i.e., when to stop the extraction process), filter/desiccant replacement, and purging of noncondensable gases (air). Also to be included are any other necessary maintenance procedures, source information for replacement parts and, repair and safety precautions. 6.2.1 The manual shall identify the proper maintaining of hose and seals to prevent the addition of excess air, due to leaks, during the recovery process, which would increase the NCG level in the recovered refrigerant. 6.3 The equipment must prominently display the manufacturer's name, address, the type of refrigerant it is designed to recycle, a service telephone number, and the part number for the replacement filter/drier. 7. Functional Description The ability of the equipment to meet the refrigerant recovery and recharge specifications of this section shall be determined by the test procedures of Section 10. 7.1 The equipment must be capable of continuous operation in ambient temperatures of 10 °C (50 °F) to 49 °C (120 °F). Continuous is defined as completing recovery/recycle and recharge (if applicable) operations with no more than a brief reset period between vehicles, and shall not include time delays for allowing a system to outgas (which shall be part of the recovery period provided by this standard). Continuous may include time out for an air purge if necessary, although it is understood that extended equipment-off time is preferred to allow NCG and refrigerant separation in the supply tank for optimum results. 7.1.1 The equipment shall be capable of removing a minimum of 95.0% of the refrigerant from the test system in 30 minutes or less, without external heating, or use of any device (such as shields, reflectors, special lights, etc.) which could heat components of the system. The recovery procedures shall be based on 21 to 24 °C (70 to 75 °F) ambient temperature. The test system for qualifying shall be a 1.4 kg (3.0 lbs) capacity orifice tube/accumulator system in a 2005 Chevrolet Suburban with front and rear A/C, or the test option described in 10.5, and shall be determined by accurately weighing the recovery machine with the resolution and accuracy of within 3 g (.006 lb) in the range of the machine's weight. The laboratory shall maintain records of the vehicle, including its VIN (vehicle identification number). 7.1.2 However, the preceding shall not preclude a brief period of engine operation at fast idle (up to 15 minutes, up to 2000 rpm) to circulate refrigerant and oil, and provide some engine and warm-up of A/C refrigeration components. The laboratory shall monitor coolant temperature per the vehicle engine coolant temperature sensor, and coolant temperature shall not be allowed to exceed 105 °C (221 °F). The time required shall not be included in the total time of 30 minutes set forth in 7.1.1. 7.1.3 The refrigerant that is recovered, following oil separation, shall be measured and the quantity displayed, accurate to within ±30 g (1.0 oz). The equipment must include a provision for checking the accuracy, per the requirements of 9.1. 7.2 During recovery operation, the equipment shall provide overfill protection to assure that the liquid fill of the storage container (which may be integral or external) does not exceed 80% of the tank's rated volume at 21 °C per Department of Transportation (DOT) Standard, CFR Title 49, Section 173.304 and the American Society of Mechanical Engineers. 7.3 Portable refillable tanks or containers used in conjunction with this equipment must be labeled “HFC-134a (R-134a),” meet applicable Department of Transportation (DOT) or Underwriters Laboratories (UL) Standards, and shall incorporate fittings per SAE J2197. 7.3.1 The cylinder valve shall comply with the standard for cylinder valves, UL 1769. 7.3.2 The pressure relief device shall comply with the Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases, CGA Pamphlet S-1.1. 7.3.3 The tank assembly shall be marked to indicate the first retest date, which shall be 5 years after the date of manufacture. The marking shall indicate that retest must be performed every subsequent 5 years. SAE J2296 provides an inspection procedure. The marking shall be in letters at least 6 mm ( 1/4 7.3.4 ASME tanks as defined in UL-1963 may be used and are exempt from the retest requirements. 7.3.5 If the machine is designed for recharging, and the marketer permits use of a non-refillable refrigerant tank, the machine shall include a way to ensure refrigerant remaining in the tank (called the “heel”) to no more than 2% of tank rated capacity when the tank is indicated to be empty. This may be done by the machine marketer as follows: • Specify a non-venting procedure, to minimize the amount of unused refrigerant remaining in the tank. The machine shall include any devices required for the procedure, other than ordinary service shop tools and supplies, and include in the operator's manual, any instructions. • Provide an automatic or (with instructions in the operator's manual) semi-automatic non-venting procedure with the machine. The laboratory shall test for the 2% capability. For testing purposes it may use a refillable tank, minimum 15 lb capacity (6.8 kg) containing a minimum of 7.5 lbs (3.4 kg) refrigerant. The test is as follows: a. Weigh the tank at the start of the test, on a scale accurate to plus/minus 3 grams, to ensure it contains sufficient refrigerant. b. Operate the machine to remove refrigerant from the tank, charging into a holding container until the tank is indicated to be empty. Continue with the marketer's recommended procedure for the 2% capability. c. Weigh the tank, on a scale accurate to plus/minus 3 grams. d. Using the recovery compressor and/or a vacuum pump, draw the tank into a vacuum of 9 to 10 inches Mercury (225 to 250 mm Mercury). The tank must hold that vacuum with a decay of less than 10% in 10 minutes. If vacuum decays 10% or more, the procedure shall be repeated as necessary to ensure the tank is empty. e. Weigh the tank on a scale accurate to plus/minus 3 grams. The difference in weight from Steps 3 to 5 shall be within 2% of the weight of the amount of refrigerant that is the tanks rated capacity. f. This test may be performed at the conclusion of testing in 10.4 or 10.5. If the machine passes or has passed all other testing in this standard, the marketer may make modifications in procedure and/or machine operation and retest once at a later date, within 90 days. If the machine fails the retest, the machine must be completely retested per this standard, or may be certified per the following alternative. The marketer of the machine may specify use of a non-refillable refrigerant tank that provides for recycling and/or disposal of the residual refrigerant, in either case in a manner that does not vent. Or the marketer may exclude use of a one-way container, in the machine's operating instructions. 7.4 All flexible hoses must comply with SAE J2196. 7.5 Service hoses must have shutoff devices located at the connection point to the system being serviced. Any hoses or lines connected to refrigerant containers on or in the machine also shall have shutoff devices at the connection points, so that the containers may be changed without loss of refrigerant. A tank that is a permanent installation is exempt from this requirement. 7.6 The equipment shall separate oil from the refrigerant, measure the amount accurate to 20 ml (0.7 oz.), so the technician has an accurate basis for adding oil to the system. 7.6.1 This statement shall be predominately identified in the equipment service manual. Note: Use only new lubricant to replace the amount removed during the recycling process. Used lubricant should be discarded per applicable federal, state and local requirements. 8. Testing This test procedure and its requirements are to be used to determine the ability of the recycling equipment to adequately recycle contaminated refrigerant. 8.1 The equipment shall be able to clean the contaminated refrigerant in § 8.3 to the purity level defined in SAE J2099. 8.2 The equipment shall be operated in accordance with the manufacturer's operating instructions. 8.3 Contaminated HFC-134a (R-134a) Sample 8.3.1 The standard contaminated refrigerant shall consist of liquid HFC-134a with 1300 ppm (by weight) moisture (equivalent to saturation at 38 °C, 100 °F), 45000 ppm (by weight) HFC-134a compatible lubricant, and 1000 ppm (by weight) of noncondensable gases (air). 8.3.1.1 The HFC-134a compatible lubricant referred to in 8.3.1, shall be polyalkylene glycol (PAG), ISO 100 such as UCLN or PAG ISO 46-55, such as Idemitsu or equivalent, which shall contain no more than 1000 ppm by weight of moisture. 8.3.1.2 Although the test lubricant is a PAG, to conform to that used in the test vehicle system, the equipment manufacturer also shall ensure that it is compatible with polyol ester lubricant, such as ND 11 as used in electrically driven compressors in some hybrid vehicles. 8.4 Test Cycle 8.4.1 The equipment must be preconditioned by processing 13.6 kg (30 lb) of the standard contaminated HFC-134a at an ambient of 21 to 24 °C (70 to 75 °F) before starting the test cycle. 1.13 kg (2.56 lb) samples are to be processed at 5 min intervals. The test fixture, depicted in Figure 1, shall be operated at 21 to 24 °C (70 to 75 °F). 8.4.2 Following the preconditioning procedure per 8.4.1, 18.2 kg (40 lb) of standard contaminated HFC-134a are to be processed by the equipment. 8.5 Sample Requirements 8.5.1 Samples of the standard contaminated refrigerant from 8.3.1 shall be processed as required in 8.6 and shall be analyzed after said processing as defined in 8.7, 8.8, and 8.9. Note exception for noncondensable gas determination in 8.9.4. 8.6 Equipment Operating Ambient 8.6.1 The HFC-134a is to be cleaned to the purity level, as defined in SAE J2099, with the equipment operating in a stable ambient of 10, 21, and 49 °C (50, 70 and 120 °F) while processing the samples as defined in 8.4. 8.7 Quantitative Determination of Moisture 8.7.1 The recycled liquid phase sample of HFC-134a shall be analyzed for moisture content via Karl Fischer coulometric titration, or an equivalent method. The Karl Fischer apparatus is an instrument for precise determination of small amounts of water dissolved in liquid and/or gas samples. 8.7.2 In conducting this test, a weighed sample of 30 to 130 g is vaporized directly into the Karl Fischer anolyte. A coulometric titration is conducted and the results are reported as parts per million moisture (weight). 8.8 Determination of Percent Lubricant 8.8.1 The amount of lubricant in the recycled HFC-134a sample shall be determined via gravimetric analysis. The methodology must account for the hygroscopicity of the lubricant. 8.8.2 Following venting of noncondensable gases in accordance with the manufacturer's operating instructions, the refrigerant container shall be shaken for 5 min prior to extracting samples for testing. 8.8.3 A weighed sample of 175 to 225 g of liquid HFC-134a is allowed to evaporate at room temperature. The percent lubricant is calculated from weights of the original sample and the residue remaining after evaporation. 8.9 Noncondensable Gases—Testing for Amount 8.9.1 The amount of noncondensable gases shall be determined by gas chromatography. A sample of vaporized refrigerant liquid shall be separated and analyzed by gas chromatography. A Porapak Q column at 130 °C (266 °F) and a hot wire detector may be used for the analysis. 8.9.2 This test shall be conducted on liquid phase samples of recycled refrigerant taken from a full container as defined in 7.2 within 30 min following the proper venting of noncondensable gases. 8.9.3 The liquid phase samples in 8.9.2 shall be vaporized completely prior to gas chromatographic analysis. 8.9.4 This test shall be conducted at 10 and 49 °C (50 and 120 °F) and may be performed in conjunction with the testing defined in 8.6. The equipment shall process at least 13.6 kg (30 lb) of standard contaminated refrigerant for this test. 8.9.5 The equipment shall be capable of charging refrigerant into systems with various lubrication types and shall deliver less than 1% by weight residual oil during system charge if the machine permits oil charging with refrigerant (due to residual oil in the service hoses and recovery unit refrigerant circuit from prior recovery, diagnostics and oil injection. This shall be determined during SAE J2099 testing.) 9. Recharging the System 9.1 It is the responsibility of the equipment manufacturer to ensure that the vacuum removal performance leaves the system 98% free of NCGs before recharging, following recovery and recycle under the provisions of this document. The equipment must be capable of both indicating and recharging the system to within 15 g (0.50 oz) of vehicle manufacturer's specifications. The laboratory shall test for this capability by choosing a charge amount that is within the range of the vehicle manufacturer's specifications. The equipment must indicate and charge the system with that chosen amount, within ±15 g (0.5 oz). Example: If 500 g is chosen, the actual and indicated charge must be 485 to 515 g, with any difference between actual and indicated charge within the laboratory scale accuracy requirements of this standard. If a scale is used in the machine, the equipment manufacturer shall provide a method or service for the technician to check scale accuracy, and include any necessary accuracy-checking device (such as a calibration weight(s)) with the machine. If a mass flow system is used for charge determination, it must maintain accuracy equal to the 15 g (0.50 oz) specification. The equipment manufacturer shall provide a method for checking accuracy and include any necessary accuracy testing device(s) with the machine. If the accuracy testing device(s) for a scale or mass flow machine includes a consumable, the manufacturer shall include a quantity of replacement or refill devices for five years of periodic testing as recommended. 9.2 If any other system is used for charge determination, such as a positive displacement pump, the equipment manufacturer shall provide a method and any needed device(s) to check accuracy that is/are appropriate for its method of operation, including any temperature-compensating trim if used. 10. Equipment Test Procedure by Laboratory for Recovery/Recycling and Recovery/Recycling/Recharging Machines 10.1 Preliminary: Ambient (in shop) temperature shall be 21 to 24 °C (70 to 75 °F). Test vehicle shall be “overnight cold” (not run for at least eight hours). 10.2 The machine must have a self-contained provision for checking accuracy of the indicated amount of refrigerant recovered in liquid or vapor or mixture form(s) from a vehicle system and (if applicable) charged into a vehicle, and adjusting if necessary, to meet requirements of 9.1, 9.2. Therefore: If the machine uses a scale for that purpose, check the accuracy of that scale and make any adjustment if necessary. If an alternative method of measuring refrigerant is used, follow the equipment manufacturer's procedure for ensuring accuracy. Next, move the machine, such as by rolling it, along the floor, a minimum of 20 feet (6.1 meters) within 10 seconds. Follow with the test procedure in 10.3, then 10.4 or 10.5. 10.3 Test Procedure If desired, this test procedure may be preceded by engine/system operation for up to 15 minutes, up to 2000 rpm. 1. You must start with an empty system, using this method: (a) Operate machine to recover refrigerant, per equipment manufacturer's instructions. (b) Deep-vacuum system to a minimum of 710 mm (28 in) of mercury. (c) Monitor vacuum for decay, checking every 20 minutes. If decay exceeds 75 mm (3 in), deep vacuum the system again. When system holds 710 mm (28 in) 75 mm (3 in) of mercury vacuum for three hours, it is considered empty. 2. Place machine on a platform scale with the capacity to weigh the recovery/recycle/recharge machine, and with the resolution and accuracy of within ±3 g (.006 lb) in the range of the machine's weight. Weight should include the machine's service hoses draped over the machine, and with the machine's oil reservoir removed. If necessary to add oil to vehicle system as a result of a system operation preparatory to the recovery process, inject the needed quantity through the service valve at this time. 3. Record weight of machine in as weight A. 4. Reconnect service hoses to the test vehicle. 5. Follow the equipment manufacturer's specified procedure for charging the vehicle manufacturer's recommended amount of refrigerant into the system. Note: if this does not apply to the machine under test, i.e. 6. Disconnect the service hoses from the test vehicle and drape them on the machine. Check and record the weight of the machine. Record this weight as weight B. The difference between weight A and weight B should be equal to the recommended charge that was installed per the machine's display, within 15 g (0.5 oz). If the difference is greater than 15 g (±3 g), the machine fails the charge accuracy test, and no other tests shall be performed at that time. The manufacturer must document changes made to improve accuracy and furnish them to the laboratory prior to a new test. Exception: If the maximum deviation is no more than a total of 20 g, the calibration of the scale or other measuring system may be rechecked and readjusted once, and the entire test repeated just once. 10.4 Recovery Test Using a Vehicle 1. Following a successful system charge, the system and engine shall be run for 15 minutes at 2000 rpm to circulate oil and refrigerant, following which engine and system shall rest for eight hours. Then the laboratory may begin the recovery test. If the machine manufacturer specifies, operate the engine/system for up to 15 minutes, at up to 2000 rpm, then shut off engine/system. 2. If the machine has an automatic air purge, disable it. Check the weight of the machine with the platform scale (service hoses draped over machine, oil reservoir removed). Record the number as Weight C. Reinstall oil reservoir if it had been removed in the recovery procedure. 3. Start timer. Connect service hoses to system of test vehicle and perform recovery per the equipment manufacturer's instructions. The vehicle system service valves' cores must remain in the fittings for this procedure. 4. When recovery is completed, including from service hoses if that is part of the recommended procedure, disconnect hoses and drape over machine. Stop timer. The elapsed time shall be 30.0 minutes or less. If it is in excess of this time, the machine fails the test and no retest is allowed. The manufacturer must document changes made to the machine to improve its performance before a new test is allowed, and furnish them to the laboratory. 5. If the recovery is completed in no more than the 30.0 minutes, measure the oil level in the reservoir, remove the reservoir and then determine the amount of refrigerant recovered, as detailed in Nos. 6 and 7: As measured by the machine and also by noting the weight of the platform scale, which shall be recorded as Weight D. 6. The platform scale shall indicate that a minimum of 95% of the amount charged into the system has been recovered. If the platform scale indicates a lower percentage has been recovered, the machine fails the recovery test. 7. The machine display shall indicate that a minimum of 95.0% of the amount charged into the system has been recovered, within a tolerance of ±30 g (1 oz) when compared with the platform scale (Weight D minus Weight C). The 30 g (1 oz) tolerance may produce a machine display reading that is below the 95.0% recovery. If a greater difference between machine and platform scale occurs, the machine fails the recovery test. 10.5 Recovery Test Fixture Test Option If an equipment manufacturer chooses, as an alternative to the actual vehicle, it may certify to SAE J2788 with a laboratory fixture that is composed entirely of all the original equipment parts of a single model year for the 3.0 lb capacity front/rear A/C system in the 2005-07 Chevrolet Suburban. All parts must be those OE-specified for one model year system and no parts may be eliminated or bypassed from the chosen system, or reproduced by a non-OE source. No parts may be added and/or relocated from the OE position in the 2005-07 Suburban. No parts may be modified in any way that could affect system performance for testing under this standard, except adding refrigerant line bends and/or loops to make the system more compact. Reducing the total length of the lines, however, is not permitted. The fixture system shall be powered by an electric motor, run at a speed not to exceed 2000 rpm, and for this test option, no system warm-up or equivalent procedure may be used. The certifying laboratory shall maintain records of all parts purchased, including invoices and payments. The assembly of the parts shall, as an outside-the-vehicle package, duplicate the OE system and its routing, including bends, except for permitted additions of bends and/or loops in refrigerant lines. Aside from the absence of engine operation and the limitations posed by the standard and the use of the electric motor, the test shall otherwise be the same as the test on the Suburban, including test temperature. [72 FR 63495, Nov. 9, 2007] Appendix D to Subpart B of Part 82—SAE J2810 Standard for Recovery Only Equipment for HFC-134 a Foreword This Appendix establishes the specific minimum equipment requirements for the recovery of HFC-134a that has been directly removed from, motor vehicle air-conditioning systems. 1. Scope The purpose of this SAE Standard is to provide minimum performance and operating feature requirements for the recovery of HFC-134a (R-134a) refrigerant to be returned to a refrigerant reclamation facility that will process it to the appropriate ARI 700 Standard or allow for recycling of the recovered refrigerant to SAE J2788 specifications by using SAE J2788-certified equipment. It is not acceptable that the refrigerant removed from a mobile air-conditioning (A/C) system with this equipment be directly returned to a mobile A/C system. This information applies to equipment used to service automobiles, light trucks, and other vehicles with similar HFC-134a (R-134a) A/C systems. 1.1 Improved refrigerant recovery equipment is required to ensure adequate refrigerant recovery to reduce emissions and provide for accurate recharging of mobile air conditioning systems. Therefore, 12 months following the publication date of this standard, it supersedes SAE J1732. 2. References 2.1 Applicable Publications The following publications form a part of the specification to the extent specified herein. Unless otherwise indicated, the latest revision of SAE publications shall apply. 2.1.1 SAE Publications Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-0001, Tel: 877-606-7323 (inside USA and Canada) or 724-776-4970 (outside USA), http://www.sae.org. SAE J639 Safety Standards for Motor Vehicle Refrigerant Vapor Compressions Systems. SAE J1739 Potential Failure Mode and Effects Analysis in Design (Design FMEA) and Potential Failure Mode and Effects Analysis in Manufacturing and Assembly Processes (Process FMEA) and Effects Analysis for Machinery (Machinery FMEA). SAE J1771 Criteria for Refrigerant Identification Equipment for Use with Mobile Air-Conditioning Systems. SAE J2196 Service Hose for Automotive Air Conditioning. SAE J2296 Retest of Refrigerant Container. SAE J2788 HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems. 2.1.2 ARI Publication Available from Air-Conditioning and Refrigeration Institute, 4100 North Fairfax Drive, Suite 200, Arlington, VA 22203, Tel: 703-524-8800, http://www.ari.org. ARI 700 Specifications for Fluorocarbon Refrigerants. 2.1.3 CGA Publication Available from Compressed Gas Association, 4221 Walney Road, 5th Floor, Chantilly, VA 20151-2923, Tel: 703-788-2700, http://www.cganet.com. CGA S-1.1 Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases. 2.1.4 DOT Specification Available from the Superintendent of Documents, U.S. Government Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320. CFR 49, Section 173.304 Shippers—General Requirements for Shipments and Packagings. 2.1.5 UL Publication Available from Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL 60062-2096, Tel: 847-272-8800, http://www.ul.com. UL 1769 Cylinder Valves. 3. Specifications and General Description 3.1 The equipment must be able to recover (extract) HFC-134a (R-134a) refrigerant from a mobile A/C system per the test procedure of sections 7 and 8. 3.2 The equipment shall be suitable for use in an automotive service garage environment as defined in 6.8. 3.3 Equipment Certification The equipment shall be certified by an EPA-listed laboratory to meet this standard. SAE J2810. 3.4 Label Requirements The equipment shall have a label with bold type, minimum 3 mm high, saying “Design Certified by (certifying agent, EPA listed laboratory) to meet SAE J2810 for use only with HFC-134a (R-134a). If it is to be re-used in an A/C system, the refrigerant recovered with this equipment must be processed to the appropriate ARI 700 specifications or to specifications by using equipment certified to perform to SAE J2788.” 3.5 SAE J1739 Potential Failure Mode and Effects Analysis in Design (Design FMEA), Potential Failure Mode and Effects Analysis in Manufacturing and Assembly Processes (Process FMEA), and Potential Failure Mode and Effects Analysis for Machinery (Machinery FMEA) shall be applied to the design and development of service equipment. 4. Safety Requirements 4.1 The equipment must comply with applicable federal, state, and local requirements on equipment related to the handling of HFC-134a (R-134a) material. Safety precautions or notices, labels, related to the safe operation of the equipment shall also be prominently displayed on the equipment and should state “CAUTION—SHOULD BE OPERATED ONLY BY CERTIFIED PERSONNEL.” The safety identification shall be located on the front near the controls. 4.2 The equipment must comply with applicable safety standards for the electrical and mechanical systems. 5. Operating Instructions 5.1 The equipment manufacturer must provide operating instructions that include information required by SAE J639, necessary maintenance procedures, and source information for replacement parts and repair. 5.1.1 The instruction manual shall include the following information on the lubricant removed. Only new lubricant, as identified by the system manufacturer, should be replaced in the mobile A/C system. Removed lubricant from the system and/or the equipment shall be disposed of in accordance with the applicable federal, state, and local procedures and regulations. 5.2 The equipment must prominently display the manufacturer's name, address, the type of refrigerant it is designed to extract (R-134a), a service telephone number, and any items that require maintenance or replacement that affect the proper operation of the equipment. Operation manuals must cover information for complete maintenance of the equipment to assure proper operation. 5.3 The equipment manufacturer shall provide a warning in the instruction manual regarding the possibility of refrigerant contamination from hydrocarbons, leak sealants and refrigerants other than R-134a in the mobile A/C system being serviced. 5.4 Recovery equipment having refrigerant identification equipment shall meet the requirements of SAE J1771. 5.5 Recovery equipment not having refrigerant identification capability shall have instructions warning the technician that failure to verify that the system contains only R-134a potentially exposes him or her to danger from flammable refrigerants and health hazards from toxic refrigerants. The instructions also shall alert to possible contamination problems to the recovery equipment from sealants and refrigerants other than R-134a, and to the fact that a refrigerant other than R-134a would require special handling by someone with specific expertise and equipment. 6. Function Description 6.1 The equipment must be capable of continuous operation in ambient temperatures of 10 °C (50 °F) to 49 °C (120 °F). Continuous is defined as completing recovery operation with no more than a brief reset between servicing vehicles, and shall not include time delays for allowing a system to outgas (which shall be part of the recovery period provided by this standard). 6.1.1 The equipment shall demonstrate ability to recovery a minimum of 95.0% of the refrigerant from the test vehicle in 30.0 minutes or less, without prior engine operation (for previous eight hours minimum), external heating or use of any device (such as shields, reflectors, special lights, etc.), which could heat components of the system. The recovery procedure shall be based on a test at 21 °C to 24 °C (70 °F to 75 °F) ambient temperature. The test system for qualifying shall be a 1.4 kg (3.0 lbs) capacity orifice tube/accumulator system in a 2005-07 Chevrolet Suburban with front and rear A/C or the test option described in section 9. 6.1.2 The equipment shall demonstrate ability to recover a minimum of 85% of the refrigerant from the test vehicle or system of 6.1.1. in 30.0 minutes or less, at an ambient temperature of 10 °C to 13 °C (50 °F to 55 °F), subject to the same restrictions regarding engine operation and external heating. 6.1.3 During recovery operation, the equipment shall provide overfill protection so that the liquid fill of the storage container does not exceed 80% of the tank's rated volume at 21 °C (70 °F). This will ensure that the container meets Department of Transportation (DOT) Standard, CFR Title 49, section 173.304 and the American Society of Mechanical Engineers. 6.1.4 Portable refillable tanks or containers used in conjunction with this equipment must be labeled “HFC-134a (R-134a) and meet applicable Department of Transportation (DOT) or Underwriters Laboratories (UL) Standards, and incorporate fittings per SAE J2197. 6.1.5 The cylinder valves shall comply with the standard for cylinder valves UL 1769. 6.1.6 The pressure relief device shall comply with the Pressure Relief Device Standard Part 1—Cylinders for Compressed Gasses CGA Pamphlet S-1.1. 6.1.7 The tank assembly shall be marked to indicate the first retest date, which shall be five years from the date of manufacture. The marking shall indicate that retest must be performed every subsequent five years. SAE J2296 provides an inspection procedure. The marking shall be in letters at least 6 mm (0.25 in) high. If ASME tanks, as defined in UL-1963, are used, they are exempt from the retest requirements. 6.2 If the marketer permits use of a refillable refrigerant tank, a method must be provided (including any necessary fittings) for transfer to a system that ensures proper handling (recycling or other, environmentally-legal disposal). Restricting the equipment to use of non-refillable tanks eliminates compliance with this provision. 6.3 Prior to testing under this standard, the equipment must be preconditioned with a minimum of 13.6 kg of the standard contaminated HFC-134a (R-134a) at an ambient of 21 °C before starting the test cycle. Sample amounts are not to exceed 1.13 kg with sample amounts to be repeated every 5 min. The test fixture shown in Figure 1 shall be operated at 21 °C. Contaminated HFC-134a (R-134a) samples shall be processed at ambient temperatures of 10 °C and 49 °C (50 °F to 120 °F), without the equipment shutting down due to any safety devices employed in this equipment. 6.3.1 Contaminated HFC-134a (R-134a) sample shall be standard contaminated HFC-134a (R-134a) refrigerant, 13.6 kg sample size, consisting of liquid HFC-134a (R-134a) with 1300 ppm (by weight) moisture at 21 °C (70 °F) and 45 000 ppm (by weight) of oil (polyalkylene glycol oil with 46-160 cst viscosity at 40 °C) and 1000 ppm by weight of noncondensable gases (air). 6.3.2 Portable refillable containers used in conjunction with this equipment must meet applicable DOT Standards. The color of the container must be blue with a yellow top to indicate the container holds used HFC-134a (R-134a) refrigerant. The container must be permanently marked on the outside surface in black print at least 20 mm high, “CONTAMINATED HFC-134a (R-134a)—DO NOT USE, MUST BE REPROCESSED.” Figure 1—Test Fixture 6.3.3 The portable refillable container shall have a 1/2 6.4 Additional Storage Tank Requirements. 6.4.1 The cylinder valve shall comply with UL 1769. 6.4.2 The pressure relief device shall comply with CGA Pamphlet S-1.1. 6.5 All flexible hoses must meet SAE J2196 for service hoses. 6.6 Service hoses must have shutoff devices located at the connection points to the system being serviced to minimize introduction of noncondensable gases into the recovery equipment during connection and the release of the refrigerant during disconnection. 6.7 The equipment must be able to separate the lubricant from recovered refrigerant and accurately indicate the amount removed from the simulated automotive system during processing in 20 mL (0.7 fl oz) units. 6.7.1 The purpose of indicating the amount of lubricant removed is to ensure that a proper amount of new lubricant is returned to the mobile A/C system for compressor lubrication, if the system is to be charged with equipment meeting SAE J2788. 6.7.2 Refrigerant dissolved in this lubricant must be accounted for to prevent lubricant overcharge of the mobile A/C system. 6.8 The equipment must be capable of continuous operation in ambient temperatures of 10 °C to 49 °C (50 °F to120 °F) and comply with 6.1 to 6.4 of this standard. 6.9 For test validation, the equipment is to be operated according to the manufacturer's instructions. 7. Test Procedure A at 21 °C to 24 °C (70 °F to 75 °F). The test vehicle (2005-2007 Chevrolet Suburban with rear A/C system—1.4 kg/ 3.0 lb) or laboratory fixture per section 10.5 of SAE J2788, shall be prepared as for SAE J2788, section 10.3, following Steps 1, 2, 3, 4, and then the following: 7.1 Using a machine certified to SAE J2788 and with the machine on a platform scale with accuracy to within plus/minus 3.0 grams at the weight of the machine, charge the system to the vehicle manufacturer's recommended amount of refrigerant (1.4 kg-3.0 lb). The actual charge amount per the reading on the platform scale shall be used as the basis for the recovery efficiency of the recovery-only machine being tested to this standard. Run the engine (or operate test fixture with electric motor) for up to 15 minutes at up to 2000 rpm to circulate oil and refrigerant. The system then must rest for eight hours. 7.2 Place the recovery machine on the platform scale and record the weight with the hoses draped over the machine. Ambient temperature shall be within the range of 21 °C to 24 °C (70 °F to 75 °F) for this test, which shall be performed without the immediately prior engine operation permitted by SAE J2788, Section 10.3, Step No.1. The only permitted engine operation is as specified in 7.1. 7.3 Start the timer. Connect the service hoses to the system of the test vehicle and perform the recovery per the equipment manufacturer's instructions. The vehicle system's service valve cores must remain in the fittings for this procedure. 7.4 When recovery is completed, including from the service hoses if that is part of the recommended procedure, disconnect the hoses and drape over the machine. Stop the timer. The elapsed time shall be no more than 30 minutes. 7.5 Remove the oil reservoir, empty and reinstall. The platform scale shall indicate that a minimum of 95.0% of the refrigerant has been recovered, based on the charge amount indicated by the platform scale. If the machine has recovered the minimum of 95.0% within the 30.0 minutes, the next test shall be performed. If it fails this test, the marketer of the equipment must document changes to the equipment to upgrade performance before a retest is allowed. If it passes, the laboratory can proceed to Test Procedure B-10 °C to 13 °C (50 °F to 55 °F). 8. Test Procedure B at 10 °C to 13 °C (50 °F to 55 °F). The test vehicle (2005-2007 Chevrolet Suburban front/rear A/C system (1.4 kg/3.0 lb) or test fixture per section 10.5 of SAE J2788, shall be prepared as per 7.0 and 7.1 of this standard, and then the following: 8.1 Place the recovery machine on the platform scale and record the weight with the hoses draped over the machine. Ambient temperature at this time shall be no higher than 10 °C to13 °C (50 °F to 55 °F). 8.2 Start the timer. Connect the service hoses to the system of the test vehicle and perform the recovery per the equipment manufacturer's instructions. This also shall be performed without the immediately prior engine operation permitted by SAE J2788, section 10.4, Step No. 1. The vehicle system's service valve cores must remain in the fittings for this procedure. 8.3 When recovery is completed, including from the service hoses if that is part of the recommended procedure, disconnect the hoses and drape over the machine. Stop the timer. The elapsed time shall be no more than 30 minutes. 8.4 Remove the oil reservoir, empty and reinstall. The platform scale shall indicate that a minimum of 85.0% of the refrigerant has been recovered, based on the charge amount indicated by the platform scale. If the machine has recovered the minimum of 85.0% within the 30 minutes, it has passed the test procedure and if it meets all other requirements of this standard, it is certified. 9. Test Option As in SAE J2788, Section 10.5, as an alternative to a 2005-2007 Chevrolet Suburban with rear A/C (1.4 kg-3.0 lb) system, a laboratory test fixture may be used to certify to SAE J2810 the fixture must be composed entirely of all the original equipment parts of a single model year for the 1.4 kg (3.0 lb) capacity system. All parts must be those OE-specified for one model year system and no parts may be eliminated or bypassed from the chosen system or reproduced from a non-OE source. No parts may be added and/or relocated from the OE position in the 2005-07 Suburban. No parts may be modified in any way that could affect system performance for testing under this standard, except adding refrigerant line bends and/or loops to make the system more compact. Reducing the total length of the lines, however, is not permitted. The fixture systems for this standard shall not be powered by an electric motor during recovery, although a motor can be used, run at a speed not to exceed 2000 rpm, as part of the preparatory process, including installation of the charge. [73 FR 34647, June 18, 2008] Appendix E to Subpart B of Part 82—The Standard for Automotive Refrigerant Recycling Equipment Intended for Use With Both CFC-12 and HFC-134 a SAE J2211, Recommended Service Procedure for the Containment of HFC-134a, as set forth under Appendix C of this subpart, and SAE J1989, Recommended Service Procedure for the Containment of CFC-12, as set forth under Appendix A of this subpart, also apply to this Appendix E of this subpart. SAE J1770, issued December, 1995. Automotive Refrigerant Recycle Equipment Intended for Use With Both CFC-12 and HFC-134 a Foreword The purpose of this standard is to establish specific minimum equipment requirements for automotive refrigerant recycling equipment intended for use with both CFC-12 and HFC-134a in a common refrigerant circuit. Establishing such specifications will assure that this equipment does not cross contaminate refrigerant above specified limits when used under normal operating conditions. 1. Scope The purpose of this standard is to establish the specific minimum equipment intended for use with both CFC-12 and HFC-134a in a common refrigerant circuit that has been directly removed from, and is intended for reuse in, mobile air-conditioning (A/C) systems. This standard does not apply to equipment used for CFC-12 and HFC-134a having a common enclosure with separate circuits for each refrigerant. 2. References 2.1 Applicable Documents—The following publications form a part of this specification to the extent specified. The latest issue of SAE publications shall apply. 2.1.1 SAE Publications—Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-0001. SAE J2099—Standard of Purity for Recycled HFC-134a for Use in Mobile Air-Conditioning Systems SAE 1991—Standard of Purity for Use in Mobile Air-Conditioning Systems SAE J2196—Service Hoses for Automotive Air-Conditioning SAE J2197—Service Hose Fittings for Automotive Air-Conditioning SAE J2210—HFC-134a (R-134a) Recycling Equipment for Mobile A/C Systems SAE J1990—Extraction and Recycling Equipment for Mobile A/C Systems 2.1.2 Compressed Gas Association (CGA) Publications—Available from CGA, 1235 Jefferson Davis Highway, Arlington, VA 22202. CGA Pamphlet S-1.1—Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases 2.1.3 DOT Publications—Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 2.1.4 UL Publications—Available from Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096. UL 1769—Cylinder Valves UL 1963—Refrigerant Recovery/Recycling Equipment 3. Specification and General Description 3.1 The equipment shall be suitable for use in an automotive service garage environment and be capable of continuous operation in ambients from 10 to 49 °C. 3.2 The equipment must be certified that it meets this specification by Underwriters Laboratories Inc. (UL), or by an equivalent Nationally Recognized Testing Laboratory (NRTL). 3.3 The equipment shall have a label which states “Design Certified by (Certifying Agent) to meet SAE J1770 for recycling CFC-12 and HFC-134a using common refrigerant circuits”, in bold-type letters a minimum of 3 mm in height. 4. Equipment Requirements 4.1 General 4.1.1 The equipment shall be capable of preventing cross contamination to the level required by Section 9.2.1.G before an operation involving a different refrigerant can begin. The equipment must prevent initiation of the recovery operation if the equipment is not set up properly. 4.1.2 If an operator action is required to clear the unit prior to reconnecting for a different refrigerant, the equipment shall be provided with a means which indicates which refrigerant was last processed. 4.1.3 Means shall be provided to prevent recovery from both an CFC-12 and HFC-134a mobile air conditioning system concurrently. 4.1.4 Transfer of recycled refrigerant—Recycled refrigerant for recharging and transfer shall be taken from the liquid phase only. 4.2 Seat Leakage Test 4.2.1 Valves, including electrically operated solenoid valves, that are used to isolate CFC-12 and HFC-134a refrigerant circuits, shall have a seat leakage rate not exceeding 15 g/yr ( 1/2 4.3 Interlocks 4.3.1 Electrical interlock devices used to prevent cross contamination of refrigerant shall be operated for 100,000 cycles and there shall be no failure that would permit cross contamination of refrigerant. Solid state inter lock devices shall comply with the Transient Overvoltage Test and the Fast Transient (Electric Noise) Test contained in the Standard for Tests for Safety Related Controls Employing Solid-State Devices, UL 991. 4.4 Noncondensable Gases 4.4.1 The equipment shall either automatically purge noncondensables (NCGs) if the acceptable level is exceeded or incorporate a device that indicates to the operator the NCG level has been exceeded. A pressure gauge used to indicate an NCG level shall be readable in 1 psig increments. NCG removal must be part of the normal operation of the equipment and instructions must be provided to enable the task to be accomplished within 30 minutes. 4.4.2 Refrigerant loss from noncondensable gas purging, oil removal, and refrigerant clearing shall not exceed more than 5 percent by weight of the total amount of refrigerant through the equipment as detailed in Sections 8.1, 8.2, and 9.2. 4.5 Filter 4.5.1 A 15 micron filter, or other equivalent means, to remove particulates of 15 micrometers spherical diameter or greater shall be located before any manual electrically operated valves that may cause cross contamination. 4.6 Moisture and Acid 4.6.1 The equipment shall incorporate a desiccant package that must be replaced before saturated with moisture, and whose acid capacity is at least 5% by weight of the dry desiccant. 4.6.2 The equipment shall be provided with a moisture detection means that will reliably indicate when moisture in the HFC-134a exceeds 50 ppm, or in the CFC-12 exceeds 15 ppm, and requires the filter/drier replacement. 5. Operating Instructions 5.1 The equipment manufacturer must provide operating instructions, including proper attainment of vehicle system vacuum ( i.e., 5.2 The equipment must prominently display the manufacturer's name, address, the type of refrigerant (CFC-12 and HFC-134a), a service telephone number, and the part number for the replacement filter/drier. Operation manuals must cover information for complete maintenance of the equipment to assure proper operation. 6. Safety Requirements 6.1 The equipment must comply with applicable federal, state, and local requirements on equipment related to handling CFC-12 and HFC-134a material. Safety precautions or notices related to the safe operation of the equipment shall be prominently displayed on the equipment and should also state “CAUTION—SHOULD BE OPERATED BY QUALIFIED PERSONNEL”. 6.2 HFC-134a has been shown to be nonflammable at ambient temperature and atmospheric pressure. The following statement shall be in the operating manual: “Caution: HFC-134a service equipment or vehicle A/C systems should not be pressure tested or leak tested with compressed air. Some mixtures of air and HFC-134a have been shown to be combustible at elevated pressures (when contained in a pipe or tank). These mixtures may be potentially dangerous, causing injury or property damage. Additional health and safety information may be obtained from refrigerant and lubricant manufacturers.” 7. Functional Description 7.1 General 7.1.1 The equipment must be capable of ensuring recovery of the CFC-12 and HFC-134a from the system being serviced, by reducing the system to a minimum of 102 mm of mercury below atmospheric pressure ( i.e., 7.1.2 The equipment must be compatible with leak detection material that may be present in the mobile A/C system. 7.2 Shut Off Device 7.2.1 To prevent overcharge, the equipment must be equipped to protect the tank used to store the recycled refrigerant with a shutoff device and a mechanical pressure relief valve. 7.3 Storage Tanks 7.3.1 Portable refillable tanks or containers shall be supplied with this equipment and must be labeled “HFC-134a” or “CFC-12” as appropriate, meet applicable Department of Transportation (DOT) or NRTL's Standards and be adaptable to existing refrigerant service and charging equipment. 7.3.2 The cylinder valve shall comply with the Standard for Cylinder Valves, UL 1769. 7.3.3 The pressure relief device shall comply with the Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases, CGA Pamphlet S-1.1. 7.3.4 The tank assembly shall be marked to indicate the first retest date, which shall be 5 years after the date of manufacture. The marking shall indicate that retest must be performed every subsequent 5 years. The marking shall be in letters at least 6 mm high. 7.4 Overfill Protection 7.4.1 During operation, the equipment must provide overfill protection to assure that during filling or transfer, the tank or storage container cannot exceed 80% of volume at 21.1 °C of its maximum rating as defined by DOT standards, 49 CFR 173.304 and American Society of Mechanical Engineers. 7.5 Hoses and Connections 7.5.1 Separate inlet and outlet hoses with fittings and separate connections shall be provided for each refrigerant circuit. 7.5.2 All flexible hoses and fittings must meet SAE J2196 (for CFC-12) and SAE J2197 (for HFC-134a). 7.5.3 Service hoses must have shutoff devices located within 30 cm of the connection point to the system being serviced. 7.6 Lubricant Separation 7.6.1 The equipment must be able to separate the lubricant from the removed refrigerant and accurately indicate the amount of lubricant removed during the process, in 30 mL (1 fl oz) units. Refrigerant dissolves in lubricant and, as a result, increases the volume of the recovered lubricant sample. This creates the illusion that more lubricant has been recovered that actually has been. The equipment lubricant measuring system must take into account such dissolved refrigerant removed from the A/C system being serviced to prevent overcharging the vehicle system with lubricant. (Note: Use only new lubricant to replace the amount removed the recycling process. Used lubricant should be discarded per applicable federal, state and local requirements.) 7.6.2 The equipment must be provided with some means, such as a lockout device, which will prevent initiation of the recovery operation after switching to the other refrigerant, if the lubricant has not been drained from the oil separator. 8. Testing 8.0 Equipment shall be tested in sequence as noted in sections 8.1, 8.2 and 9.2. The filter/drier may be replaced only as noted by section 4.6.2. 8.1 CFC-12 Recycling Cycle 8.1.1 The maximum operating pressure of the equipment shall be determined when recycling CFC-12 while conducting the following tests. This pressure is needed for the Seat Leakage Test, Section 4.2. 8.1.2 The equipment must be preconditioned with 13.6 kg of the standard contaminated CFC-12 (see section 8.1.2a) at an ambient of 21 °C before starting the test cycle. Sample amounts shall be 1.13 kg with sample amounts to be repeated every 5 minutes. The sample method fixture, defined in Figure 1 to Appendix A, shall be operated at 21 °C. 8.1.2a Standard contaminated CFC-12 refrigerant shall consist of liquid CFC-12 with 100 ppm (by weight) moisture at 21 °C and 45,000 ppm (by weight) mineral oil 525 suspension viscosity nominal and 770 ppm by weight of noncondensable gases (air). 8.1.3 The high moisture contaminated sample shall consist of CFC-12 vapor with 1000 ppm (by weight) moisture. 8.1.4 The high oil contaminated sample shall consist of CFC-12 with 200,000 ppm (by weight) mineral oil 525 suspension viscosity nominal. 8.1.5 After preconditioning as stated in section 8.1.2, the test cycle is started, processing the following contaminated samples through the equipment. A. 13.6 kg (1.13 kg per batch) of standard contaminated CFC-12. B. 1 kg of high oil contaminated CFC-12. C. 4.5 kg (1.13 kg per batch) of standard contaminated CFC-12. D. 1 kg of high moisture contaminated CFC-12. 8.1.6 The CFC-12 is to be cleaned to the minimum purity level, as defined in SAE J1991, with the equipment operating in a stable ambient of 10, 21, and 49 °C and processing the samples as defined in section 8.1.5. 8.2 HFC-134a Recycling Cycle 8.2.1 The maximum operating pressure of the equipment shall be determined when recycling HFC-134a while conducting the following tests. This pressure is needed for the Seat Leakage Test, Section 4.2. 8.2.2 The equipment must be preconditioned by processing 13.6 kg of the standard contaminated HFC-134a (see section 8.2.2a) at an ambient of 21 °C before starting the test cycle. 1.13 kg samples are to be processed at 5 minute intervals. The text fixture shown in Figure 1 to Appendix A shall be operated at 21 °C. 8.2.2a The standard contaminated refrigerant shall consist of liquid HFC-134a with 1300 ppm (by weight) moisture (equivalent to saturation at 38°[100 °F]), 45,000 ppm (by weight) HFC-134a compatible lubricant, and 1000 ppm (by weight) of noncondensable gases (air). 8.2.2b The HFC-134a compatible lubricant referred to in section 8.2.2a shall be a polyalkylene glycol based synthetic lubricant or equivalent, which shall contain no more than 1000 ppm by weight of moisture. 8.2.3 Following the preconditioning procedure per section 8.2.2, 18.2 kg of standard contaminated HFC-134a are to be processed by the equipment at each stable ambient temperature of 10, 21, and 49 °C. 8.2.4 The HFC-134a is to be cleaned to the purity level, as defined in SAE J2099. 9. Refrigerant Cross Contamination Test 9.1 General 9.1.1 For test validation, the equipment is to be operated according to the manufacturer's instruction. 9.1.2 The equipment shall clean the contaminated CFC-12 refrigerant to the minimum purity level as defined in Appendix A, when tested in accordance with the requirements in section 8.1. 9.1.3 The equipment shall clean the contaminated HFC-134a refrigerant to the purity level defined in Appendix C, when tested in accordance with the requirements in section 8.2. 9.2 Test Cycle 9.2.1 The following method shall be used after the tests and requirements in Sections 8.1 and 8.2, respectively, are completed. Following the manufacturer's instructions, the equipment shall be cleared of HFC-134a, prior to beginning step A. The only refrigerant used for this is noted in steps A, C, and E of section 9.2.1. The test fixture shown in Figure 1 to Appendix A shall be used and the test shall be conducted at 10, 21, and 49 °C ambients. A. A 1.13 kg standard contaminated sample of CFC-12 (see section 8.1.2a) shall be processed by the equipment. B. Follow manufacturer's instructions to clear the equipment of CFC-12 before processing HFC-134a. C. Process a 1.13 kg, standard contaminated sample of HFC-134a (see section 8.2.2a) through the equipment. D. Follow manufacturer's instructions to clear the equipment of HFC-134a before processing CFC-12. E. Process a 1.13 kg standard contaminated sample of CFC-12 (see section 8.1.2a) through the equipment. F. Follow manufacturer's instructions to clear the equipment of CFC-12. G. The amount of cross contaminated refrigerant, as determined by gas chromatography, in samples processed during steps C and E of section 9.2.1., shall not exceed 0.5 percent by weight. 10. Sample Analysis 10.1 General 10.1.1 The processed contaminated samples shall be analyzed according to the following procedure. 10.2 Quantitative Determination of Moisture 10.2.1 The recycled liquid phase sample of refrigerant shall be analyzed for moisture content via Karl Fischer coulometer titration or an equivalent method. The Karl Fischer apparatus is an instrument for precise determination of small amounts of water dissolved in liquid and/or gas samples. 10.2.2 In conducting the test, a weighed sample of 30 to 130 g is vaporized directly into the Karl Fischer anolyte. A coulometer titration is conducted and the results are calculated and displayed as parts per million moisture (weight). 10.3 Determination of Percent Lubricant 10.3.1 The amount of lubricant in the recycled sample of refrigerant/lubricant is to be determined by gravimetric analysis. 10.3.2 Following venting of noncondensable, in accordance with the manufacturer's operating instructions, the refrigerant container shall be shaken for 5 minutes prior to extracting samples for test. 10.3.3 A weighed sample of 175 to 225 g of liquid refrigerant/lubricant is allowed to evaporate at room temperature. The percent lubricant is to be calculated from the weight of the original sample and the residue remaining after the evaporation. 10.4 Noncondensable Gas 10.4.1 The amount of noncondensable gas is to be determined by gas chromatography. A sample of vaporized refrigerant liquid shall be separated and analyzed by gas chromatography. A Propak Q column at 130 °C and a hot wire detector may be used for analysis. 10.4.2 This test shall be conducted on liquid phase samples of recycled refrigerant taken from a full container as defined in 7.4 within 30 minutes following the proper venting of noncondensable gases. 10.4.3 The samples shall be shaken for at least 15 minutes prior to testing while at a temperature of 24 °C ±2.8 °C. 10.5 Refrigerant Cross Contamination 10.5.1 The amount of cross contamination of CFC-12 in HFC-134a or HFC-134a in CFC-12 shall not exceed 0.5 percent by weight as determined by gas chromatography. A sample of vaporized refrigerant liquid shall be separated and analyzed by gas chromatography. A 1% SP-1000 on Carbopack B (60/80 mesh) column may be used for the analysis. [62 FR 68053, Dec. 30, 1997] Appendix F to Subpart B of Part 82—Standard for Recover-Only Equipment That Extracts a Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or R-1234yf Foreword These specifications are for equipment that recovers, but does not recycle, any single, specific automotive refrigerant other than CFC-12, HFC-134a, or HFO-1234yf, including a blend refrigerant. 1. Scope The purpose of this standard is to provide equipment specifications for the recovery of any single, specific refrigerant other than CFC-12, HFC-134a, or HFO-1234yf, including a blend refrigerant, which is either (1) to be returned to a refrigerant reclamation facility that will process the refrigerant to ARI Standard 700-93 or equivalent new product specifications at a minimum, or (2) to be recycled in approved refrigerant recycling equipment, or (3) to be destroyed. This standard applies to equipment used to service automobiles, light trucks, and other vehicles with similar air conditioning systems. 2. References 2.1 Applicable Documents—The following publications form a part of this specification to the extent specified. The latest issue of SAE publications shall apply. 2.1.1 SAE Publications—Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096-0001. SAE J639—Vehicle Service Coupling. SAE J2196—Service Hoses for Automotive Air-Conditioning (fittings modified) 2.1.2 ARI Publication—Available from Air Conditioning and Refrigeration Institute, 1501 Wilson Boulevard, Sixth Floor, Arlington, VA 22209. ARI 700-93—Specifications for Fluorocarbon Refrigerants. 2.1.3 Compressed Gas Association (CGA) Publications—Available from CGA, 1235 Jefferson Davis Highway, Arlington, VA 22202. CGA Pamphlet S-1.1—Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases. 2.1.4 DOT Publications—Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. DOT Standard, 49 CFR 173.304—Shippers—General Requirements for Shipments and Packagings. 2.1.5 UL Publications—Available from Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096. UL 1769—Cylinder Valves. UL 1963—Refrigerant Recovery Recycling Equipment. 3. Specifications and General Description 3.1 The equipment must be able to extract from a mobile air conditioning system the refrigerant other than CFC-12, HFC-134a, or HFO-1234yf to which the equipment is dedicated. 3.2 The equipment shall be suitable for use in an automotive service garage environment as defined in section 6.8. 3.3 The equipment discharge or transfer fitting shall be unique to prevent the unintentional use of the extracted refrigerant for recharging auto air conditioners. 3.4 Equipment Certification-The equipment shall be certified by Underwriters Laboratories or an—equivalent certifying laboratory to meet this standard. 3.5 Label Requirements—The equipment shall have a label “Designed Certified by (Company Name) to meet EPA requirements for use only with (the applicable refrigerant). The refrigerant from this equipment must be processed to ARI 700-93 specifications or equivalent new product specifications before reuse in a mobile air-conditioning system.” The minimum letter size shall be bold type 3 mm in height. 4. Safety Requirements 4.1 The equipment must comply with applicable federal, state, and local requirements on equipment related to the handling of the applicable refrigerant material. Safety precautions or notices or labels related to the safe operation of the equipment shall also be prominently displayed on the equipment and should state “CAUTION—SHOULD BE OPERATED BY CERTIFIED PERSONNEL.” The safety identification shall be located on the front near the controls. 4.2 The equipment must comply with applicable safety standards for electrical and mechanical requirements. 5. Operating Instructions 5.1 The equipment manufacturer must provide operating instructions that include information equivalent to that required by SAE J1629, necessary maintenance procedures, and source information for replacement parts and repair. 5.1.1 The instruction manual shall include the following information on the lubricant removed: Only new lubricant, as identified by the system manufacturer, should be replaced in the air conditioning system. Removed lubricant from the system and/or the equipment shall be disposed on in accordance with the applicable federal, state, and local procedures and regulations. 5.2 The equipment must prominently display the manufacturer's name, address, the type of refrigerant it is designed to extract, a service telephone number, and any items that require maintenance or replacement that affect the proper operation of the equipment. Operation manuals must cover information for complete maintenance of the equipment to assure proper operation. 6.1 Functional Description 6.1 The equipment must be capable of ensuring removal of refrigerant from the system being serviced by reducing the system pressure to a minimum of 102 mm (4 in) of mercury below atmospheric pressure ( i.e., 6.1.1 Testing laboratory certification of the equipment capability is required which shall process contaminated refrigerant samples at specific temperatures. 6.2 The equipment must be preconditioned by processing 13.6 kg (30 lb) of the standard contaminated refrigerant at an ambient of 21 °C (70 °F) before starting the test cycle. Sample amounts are not to exceed 1.13 kg (2.5 lb) with sample amounts to be processed at 5 min. intervals. The test method fixture, depicted in Figure 1 to appendix A of this subpart, shall be operated at 21 °C (70 °F). Contaminated refrigerant samples shall be processed at ambient temperatures of 10 and 49 °C, without equipment shutting due to any safety devices employed in this equipment. 6.2.1 Standard contaminated refrigerant, 13.6 kg (30 lb) sample size, shall consist of liquid refrigerant with 1000 ppm (by weight) moisture at 21 °C and 45,000 ppm (by weight) of oil (total of one-third mineral oil 525 suspension nominal, one-third PAG with 100 cSt viscosity at 40 °C or equivalent, and one-third POE with 68 cSt viscosity at 40 °C or equivalent) and 1000 ppm by weight of noncondensable gases (air). Refrigerant shall be identified prior to the recovery process to ±2% of the original manufacturer's formulation submitted to, and accepted by, EPA under its Significant New Alternatives Policy program, with the exception that any flammable components shall be identified to ±1%. 6.3 Portable refillable containers used in conjunction with this equipment must meet applicable DOT Standards. 6.3.1 The container color must be gray with a yellow top to identify that it contains used refrigerant. It must be permanently marked on the outside surface in black print at least 20 mm high “DIRTY [NAME OF REFRIGERANT]—DO NOT USE, MUST BE PROCESSED”. 6.3.2 The portable refillable container shall have a unique thread connection for the specific refrigerant. 6.3.3 During operation, the equipment shall provide overfill protection to assure that the storage container liquid fill does not exceed 80% of the tank's rated volume at 21 °C per DOT Standard, 49 CFR 173.304, and the American Society of Mechanical Engineers. 6.4 Additional Storage Tank Requirements 6.4.1 The cylinder valve shall comply with UL 1769. 6.4.2 The pressure relief device shall comply with CGA Pamphlet S-1.1. 6.4.3 The container assembly shall be marked to indicate the first retest date, which shall be 5 years after date of manufacture. The marking shall indicate that retest must be performed every subsequent 5 years. The marking shall be in letters at least 6 mm high. 6.5 All flexible hoses must meet SAE J2196 for service hoses except that fittings shall be unique to the applicable refrigerant. 6.6 Service hoses must have shutoff devices located within 30 cm of the connection point to the system being serviced to minimize introduction of noncondensable gases into the recovery equipment during connection and the release of the refrigerant during disconnection. 6.7 The equipment must be able to separate the lubricant from the recovered refrigerant and accurately indicate the amount removed from the simulated automotive system during processing in 30 mL units. 6.7.1 The purpose of indicating the amount of lubricant is to ensure that a proper amount of new lubricant is returned to the mobile air conditioning system for compressor lubrication. 6.7.2 Refrigerant dissolved in this lubricant must be accounted for to prevent system lubricant overcharge of the mobile air-conditioning system. 6.8 The equipment must be capable of continuous operation in temperatures of 10 to 49 °C and must comply with 6.1 and 6.2. 7. For test validation, the equipment is to be operated according to the manufacturer's instructions. Application The purpose of this standard is to provide equipment specifications for the recovery of any refrigerant other than CFC-12, HFC-134a, or HFO-1234yf for return to a refrigerant reclamation facility that will process it to AHRI Standard 700 (or for recycling in other EPA approved recycling equipment, in the event that EPA in the future designates a standard for equipment capable of recycling refrigerants other than CFC-12, HFC-134a, or HFO-1234yf). Reference Section SAE J639—Vehicle Service Coupling SAE J2196—Service Hoses for Automotive Air-Conditioning ARI 700-93—Specifications for Fluorocarbon Refrigerants CGA Pamphlet S-1.1—Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases UL 1769—Cylinder Valves 49 CFR 173.304—Shippers—General Requirements for Shipment and Packagings [62 FR 68055, Dec. 30, 1997, as amended at 86 FR 15596, Mar. 24, 2021] Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances Source: 58 FR 69675, Dec. 30, 1993, unless otherwise noted. § 82.60 Purpose. The purpose of this subpart is to implement the requirements of sections 608 and 610 of the Clean Air Act as amended in 1990 on emission reductions and nonessential products. § 82.62 Definitions. For purposes of this subpart: Chlorofluorocarbon Class II Substance Commercial, (1) A federal employer identification number; (2) A state sales tax exemption number; (3) A local business license number; or (4) A government contract number. Consumer, Distributor, (1) The seller of a product to a consumer or another distributor; or (2) A person who sells or distributes that product in interstate commerce for export from the United States. Foam Insulation Product, (1) Closed cell rigid polyurethane foam; (2) Closed cell rigid polystyrene boardstock foam; (3) Closed cell rigid phenolic foam; and (4) Closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration, or industrial process systems. Hydrochlorofluorocarbon Initial Inventory Polyurethane Foam System Product Release Space Vehicles [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996; 66 FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020] § 82.64 Prohibitions. (a) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(a). (b) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.66(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62. (c) Effective January 17, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(c) or § 82.66(d) except as permitted under § 82.65(g). (d) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(a) or § 82.70(c). (e) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.70(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62. (f) Except as permitted under § 82.65(d), effective January 1, 1996, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(c)(ii). (g) It is a violation of this subpart to sell or distribute, or offer for sale or distribution, products effected by the provisions of § 82.68 if the seller knew or should have known that the purchaser was purchasing the product for a prohibited application. (h) No person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(f). [58 FR 69675, Dec. 30, 1993, as amended at 85 FR 15300, Mar. 17, 2020] § 82.65 Temporary exemptions. (a) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory by December 31, 1993. (b) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within the date 90 days after the effective date of any federal approvals required for product reformulation, where application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994. (c)(1) Any person may sell or distribute or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within 45 days after the receipt of denial by any federal agency of an application for reformulation where initial application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994. (2) If, within 45 days of receipt of a denial of an application for reformulation, a person submits a new viable application for federal approval of a reformulation, that person may continue to sell and distribute, or offer to sell and distribute until 45 days of denial of that application. (d) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any integral skin foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards, which are manufactured and placed into initial inventory prior to January 1, 1996. (e) Any person selling or distributing, or offering to sell or distribute, any product specified in this section after January 1, 1994, or January 1, 1996 for paragraph (d) of this section, or after January 17, 1994 for any product specified in paragraph (g) of this section, must retain proof that such product was manufactured and placed into initial inventory before the relevant date specified in this section. Such proof may take the form of shipping forms, lot numbers, manufacturer date stamps, invoices or equivalent business records. (f) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, any aircraft pesticide containing class I until an alternative aircraft pesticide containing class II is available in interstate commerce. (g) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any replacement part that was manufactured with, or contains a class I substance or was packaged in material that was manufactured with or contains a class I substance only if: (1) The replacement part was manufactured for use in a single model of a product; and (2) The replacement part and product model are no longer manufactured; and (3) The replacement part was placed into initial inventory prior to April 16, 1992. (h) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any air-conditioning or refrigeration products specified as nonessential in § 82.66(e) that are manufactured and placed into initial inventory by January 14, 2002. (i) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any integral skin foam products manufactured with a Class I substance for use in commercial aviation and specified as nonessential in § 82.66(c) that are manufactured and placed into initial inventory by January 14, 2002. [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001] § 82.66 Nonessential Class I products and exceptions. The following products which release a Class I substance (as defined in 40 CFR part 82, appendix A to subpart A) are identified as being nonessential, and subject to the prohibitions specified under § 82.64— (a) Any plastic party streamer or noise horn which is propelled by a chlorofluorocarbon, including but not limited to— (1) String confetti; (2) Marine safety horns; (3) Sporting event horns; (4) Personal safety horns; (5) Wall-mounted alarms used in factories or other work areas; and (6) Intruder alarms used in homes or cars. (b) Any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon: (1) Including but not limited to liquid packaging, solvent wipes, solvent sprays, and gas sprays; and (2) Except for those sold or distributed to a commercial purchaser. (c) Any plastic foam product which is manufactured with or contains a Class I substance; except any plastic foam product blown with CFC-11, but which contains no other Class I substances and where this product is used to provide thermal protection to external tanks for space vehicles; (d) Any aerosol product or other pressurized dispenser, other than those banned in § 82.64(a) or § 82.64(b), which contains a chlorofluorocarbon, (1) Including but not limited to household, industrial, automotive and pesticide uses, (2) Except— (i) Medical devices listed in 21 CFR 2.125(e); (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for solvent purposes, but which contain no other CFCs; (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs; (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs, and/or mold release agents that contain CFC-12 as a propellant, but which contain no other CFCs; (v) Spinnerette lubricant/cleaning sprays used in the production of synthetic fibers, which contain CFC-114 as a solvent, but which contain no other CFCs, and/or spinnerette lubricant/cleaning sprays which contain CFC-12 as a propellant, but which contain no other CFCs; (vi) Document preservation sprays which contain CFC-113 as a solvent, but which contain no other CFCs, and/or document preservation sprays which contain CFC-12 as a propellant, but which contain no other CFCs, and which are used solely on thick books, books with coated or dense paper and tightly bound documents; (e) Any air-conditioning or refrigeration appliance as defined in the Clean Air Act (CAA) 601(1) that contains a Class I substance used as a refrigerant; and (f) Any polyurethane foam system that contains any CFC. [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020] § 82.68 Verification and public notice requirements. (a) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must verify that the purchaser is a commercial entity as defined in § 82.62. In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). The seller or distributor must have a reasonable basis for believing that the information presented by the purchaser is accurate. (b) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must prominently display a sign where sales of such product occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any chlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with § 82.68(a).” (c) Effective January 1, 1994, any person who sells or distributes any aerosol or pressurized dispenser of cleaning fluid for electronic and photographic equipment which contains a class II substance must verify that the purchaser is a commercial entity as defined in § 82.62(b). In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). (d) Effective January 1, 1994, any person who sells or distributes any aerosol or other pressurized dispenser of cleaning fluid for electronic and photographic equipment which contains a class II substance must prominently display a sign where sales of such product occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any aerosol hydrochlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per unit sold. Individuals purchasing such products must present proof of their commercial status in accordance with § 82.68(c).” (e) Effective January 1, 1994, in order to satisfy the requirements under § 82.68 (b) and (d), any person who sells or distributes cleaning fluids for electronic and photographic equipment which contain a class I substance and those aerosol or pressurized dispensers of cleaning fluids which contain a class II substance, may prominently display one sign where sales of such products occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any chlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment or aerosol hydrochlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per unit sold. Individuals purchasing such products must present proof of their commercial status in accordance with 40 CFR 82.68(a) or 82.68(c).” (f)-(g) [Reserved] (h) Effective January 1, 1994, any person who sells or distributes any mold release agents containing a class II substance as a propellant must provide written notification to the purchaser prior to the sale that “It is a violation of federal law to sell mold release agents containing hydrochlorofluorocarbons as propellants to anyone, except for use in applications where no other alternative except a class I substance is available. The penalty for violating this prohibition can be up to $25,000 per unit sold.” Written notification may be placed on sales brochures, order forms, invoices and the like. (i) Effective January 1, 1994, any person who sells or distributes any wasp and hornet spray containing a class II substance must provide written notification to the purchaser prior to the sale that “it is a violation of federal law to sell or distribute wasp and hornet sprays containing hydrochlorofluorocarbons as solvents to anyone, except for use near high-tension power lines where no other alternative except a class I substance is available. The penalty for violating this prohibition can be up to $25,000 per unit sold.” Written notification may be placed on sales brochures, order forms, invoices and the like. [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996] § 82.70 Nonessential Class II products and exceptions. The following products which release a class II substance (as designated as class II in 40 CFR part 82, appendix B to subpart A) are identified as being nonessential and the sale or distribution of such products is prohibited under § 82.64 (d), (e), or (f)— (a) Any aerosol product or other pressurized dispenser which contains a class II substance: (1) Including but not limited to household, industrial, automotive and pesticide uses; (2) Except— (i) Medical devices listed in 21 CFR 2.125(e); (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain class II substances for solvent purposes, but which contain no other class II substances; (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain class II substances for solvent purposes but which contain no other class II substances; (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain class II substances for solvent purposes but which contain no other class II substances, and/or mold release agents that contain HCFC-22 as a propellant where evidence of good faith efforts to secure alternatives indicates that, other than a class I substance, there are no suitable alternatives; (v) Spinnerette lubricants/cleaning sprays used in the production of synthetic fibers, which contain class II substances for solvent purposes and/or contain class II substances for propellant purposes; (vi) Document preservation sprays which contain HCFC-141b as a solvent, but which contain no other class II substance; and/or which contain HCFC-22 as a propellant, but which contain no other class II substance and which are used solely on thick books, books with coated, dense or paper and tightly bound documents; (vii) Portable fire extinguishing equipment used for non-residential applications; and (viii) Wasp and hornet sprays for use near high-tension power lines that contain a class II substance for solvent purposes only, but which contain no other class II substances. (b) Any aerosol or pressurized dispenser cleaning fluid for electronic and photographic equipment which contains a class II substance, except for those sold or distributed to a commercial purchaser. (c) Any plastic foam product which contains, or is manufactured with, a class II substance, (1) Including but not limited to household, industrial, automotive and pesticide uses, (2) Except— (i) Any foam insulation product, as defined in § 82.62(h); and (ii) Integral skin foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards until January 1, 1996, after which date such products are identified as nonessential and may only be sold or distributed or offered for sale or distribution in interstate commerce in accordance with § 82.65(d). [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996] Subpart D—Federal Procurement Source: 58 FR 54898, Oct. 22, 1993, unless otherwise noted. § 82.80 Purpose and scope. (a) The purpose of this subpart is to require Federal departments, agencies, and instrumentalities to adopt procurement regulations which conform to the policies and requirements of title VI of the Clean Air Act as amended, and which maximize the substitution in Federal procurement of safe alternatives, as identified under section 612 of the Clean Air Act, for class I and class II substances. (b) The regulations in this subpart apply to each department, agency, and instrumentality of the United States. § 82.82 Definitions. (a) Class I substance (b) Class II substance (c) Controlled substance (d) Department, agency and instrumentality of the United States § 82.84 Requirements. (a) No later than October 24, 1994, each department, agency and instrumentality of the United States shall conform its procurement regulations to the requirements and policies of title VI of the Clean Air Act, 42 U.S.C. 7671-7671g. Each such regulation shall provide, at a minimum, the following: (1) That in place of class I or class II substances, or of products made with or containing such substances, safe alternatives identified under 42 U.S.C. 7671k (or products made with or containing such alternatives) shall be substituted to the maximum extent practicable. Substitution is not required for class II substances identified as safe alternatives under 42 U.S.C. 7671k, or for products made with or containing such substances, and such substances may be used as substitutes for other class I or class II substances. (2) That, consistent with the phaseout schedules for ozone-depleting substances, no purchases shall be made of class II substances, or products containing class II substances, for the purpose of any use prohibited under 42 U.S.C. 7671d(c); (3) That all active or new contracts involving the performance of any service or activity subject to 42 U.S.C. 7671g or 7671h or regulations promulgated thereunder include, or be modified to include, a condition requiring the contractor to ensure compliance with all requirements of those sections and regulations; (4) That no purchases shall be made of products whose sale is prohibited under 42 U.S.C. 7671h, except when they will be used by persons certified under section 609 to service vehicles, and no purchase shall be made of nonessential products as defined under 42 U.S.C. 7671i; (5) That proper labeling under 42 U.S.C. 7671j shall be a specification for the purchase of any product subject to that section. (b) For agencies subject to the Federal Acquisition Regulation, 48 CFR part 1, amendment of the FAR, consistent with this subpart, shall satisfy the requirement of this section. § 82.86 Reporting requirements. (a) No later than one year after October 22, 1993, each agency, department, and instrumentality of the United States shall certify to the Office of Management and Budget that its procurement regulations have been amended in accordance with this section. (b) Certification by the General Services Administration that the Federal Acquisition Regulation has been amended in accordance with this section shall constitute adequate certification for purposes of all agencies subject to the Federal Acquisition Regulation. Subpart E—The Labeling of Products Using Ozone-Depleting Substances Source: 60 FR 4020, Jan. 19, 1995, unless otherwise noted. § 82.100 Purpose. The purpose of this subpart is to require warning statements on containers of, and products containing or manufactured with, certain ozone-depleting substances, pursuant to section 611 of the Clean Air Act, as amended. § 82.102 Applicability. (a) In the case of substances designated as class I or class II substances as of February 11, 1993, the applicable date of the requirements in this paragraph (a) is May 15, 1993. In the case of any substance designated as a class I or class II substance after February 11, 1993, the applicable date of the requirements in this paragraph (a) is one year after the designation of such substance as a class I or class II substance unless otherwise specified in the designation. On the applicable date indicated in this paragraph (a), the requirements of this subpart shall apply to the following containers and products except as exempted under paragraph (c) of this section: (1) All containers in which a class I or class II substance is stored or transported. (2) All products containing a class I substance. (3) All products directly manufactured with a process that uses a class I substance, unless otherwise exempted by this subpart or, unless the Administrator determines for a particular product that there are no substitute products or manufacturing processes for such product that do not rely on the use of a class I substance, that reduce overall risk to human health and the environment, and that are currently or potentially available. If the Administrator makes such a determination for a particular product, then the requirements of this subpart are effective for such product no later than January 1, 2015. (b) Applicable January 1, 2015 in any case, or one year after any determination between May 15, 1993 and January 1, 2015, by the Administrator for a particular product that there are substitute products or manufacturing processes for such product that do not rely on the use of a class I or class II substance, that reduce the overall risk to human health and the environment, and that are currently or potentially available, the requirements of this subpart shall apply to the following: (1) All products containing a class II substance. (2) All products manufactured with a process that uses a class II substance. (c) The requirements of this subpart shall not apply to products manufactured prior to May 15, 1993, provided that the manufacturer submits documentation to EPA upon request showing that the product was manufactured prior to that date. § 82.104 Definitions. (a) Class I substance (b) Class II substance (c) Completely destroy (d) Consumer (e) Container (f) Container containing (g) Controlled substance (h) Destruction destruction (i) Distributor (j) Export (k) Exporter (l) Import (m) Importer (1) The consignee; (2) The importer of record; (3) The actual owner if an actual owner's declaration and superseding bond has been filed; or (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred. (n) Interstate commerce (o) Manufactured with a controlled substance (1) Where a product has not had physical contact with the controlled substance; (2) Where the manufacturing equipment or the product has had physical contact with a controlled substance in an intermittent manner, not as a routine part of the direct manufacturing process; (3) Where the controlled substance has been transformed, except for trace quantities; or (4) Where the controlled substance has been completely destroyed. (p) Potentially available (q) Principal display panel (PDP) (r) Product (s) Product containing (t) Promotional printed material (u) Retailer (v) Spare parts (w) Supplemental printed material (x) Transform (y) Type size (z) Ultimate consumer (aa) Warning label (bb) Waste (cc) Wholesaler [60 FR 4020, Jan. 19, 1995, as amended at 81 FR 6768, Feb. 9, 2016; 85 FR 15300, Mar. 17, 2020] § 82.106 Warning statement requirements. (a) Required warning statements. WARNING: Contains [or Manufactured with, if applicable] [ insert name of substance (2) Each container of fire suppression agent containing HCFC-123 produced or imported on or after January 1, 2020 shall bear the following warning statement, meeting the requirements of this subpart for placement and form: WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. Use Only for Recharge of Equipment Manufactured before January 1, 2020. (3) Each container of fire suppression agent containing reclaimed HCFC-123 or HCFC-123 that was imported prior to January 1, 2020, shall bear the following warning statement, meeting the requirements of this subpart for placement and form: WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. For use in any equipment. (b) Exemptions from warning label requirement. (1) Products containing trace quantities of a controlled substance remaining as a residue or impurity due to a chemical reaction, and where the controlled substance serves no useful purpose in or for the product itself. However, if such product was manufactured using the controlled substance, the product is required to be labeled as a “product manufactured with” the controlled substance, unless otherwise exempted; (2) Containers containing a controlled substance in which trace quantities of that controlled substance remain as a residue or impurity; (3) Waste containing controlled substances or blends of controlled substances bound for discard; (4) Products manufactured using methyl chloroform or CFC-113 by persons who can demonstrate and certify a 95% reduction in overall usage from their 1990 calendar year usage of methyl chloroform or CFC-113 as solvents during a twelve (12) month period ending within sixty (60) days of such certification or during the most recently completed calendar year. In calculating such reduction, persons may subtract from quantities used those quantities for which they possess accessible data that establishes the amount of methyl chloroform or CFC-113 transformed. Such subtraction must be performed for both the applicable twelve month period and the 1990 calendar year. If at any time future usage exceeds the 95% reduction, all products manufactured with methyl chloroform or CFC-113 as solvents by that person must be labeled immediately. No person may qualify for this exemption after May 15, 1994; (5) Products intended only for export outside of the United States shall not be considered “products introduced into interstate commerce” provided such products are clearly designated as intended for export only; (6) Products that are otherwise not subject to the requirements of this subpart that are being repaired, using a process that uses a controlled substance. (7) Products, processes, or substitute chemicals undergoing research and development, by which a controlled substance is used. Such products must be labeled when they are introduced into interstate commerce. (c) Interference with other required labeling information. [60 FR 4020, Jan. 19, 1995, as amended at 85 FR 15300, Mar. 17, 2020] § 82.108 Placement of warning statement. The warning statement shall be placed so as to satisfy the requirement of the Act that the warning statement be “clearly legible and conspicuous.” The warning statement is clearly legible and conspicuous if it appears with such prominence and conspicuousness as to render it likely to be read and understood by consumers under normal conditions of purchase. Such placement includes, but is not limited to, the following: (a) Display panel placement. (1) The warning statement appears on the outer packaging of the product or container, consistent with paragraph (b) of this section, and is clearly legible and conspicuous; or (2) The warning statement is placed in a manner consistent with paragraph (c) of this section. (b) Outer packaging. (1) The warning statement appears on the surface of the product or container, consistent with paragraph (a) of this section, and is clearly legible and conspicuous through any outer packaging, wrapping or other covering used in display; or (2) The warning statement is placed in a manner consistent with paragraph (c) of this section. (c) Alternative placement. (d) Products not viewed by the purchaser at the time of purchase. (1) Where promotional printed material is prepared for display or distribution, the warning statement may be placed on such promotional printed material such that it is clearly legible and conspicuous at the time of purchase; or (2) The warning statement may be placed on the product, on its outer packaging, or on alternative labeling, consistent with paragraphs (a), (b), or (c) of this section, such that the warning statement is clearly legible and conspicuous at the time of product delivery, if the product may be returned by the purchaser at or after the time of delivery or if the purchase is not complete until the time of delivery (e.g., products delivered C.O.D.). § 82.110 Form of label bearing warning statement. (a) Conspicuousness and contrast. (b) Name of substance. (1) The acronym “CFC” may be substituted for “chlorofluorocarbon.” (2) The acronym “HCFC” may be substituted for “hydrochlorofluorocarbon.” (3) The term “1,1,1-trichloroethane” may be substituted for “methyl chloroform.” (c) Combined statement for multiple controlled substances. (d) Format. (e) Type style. (f) Type size. (1) Display panel or outer packaging. Table 1 to § 82.110( f Area of display panel (sq. in.) 0-2 >2-5 >5-10 >10-15 >15-30 >30 Type size (in.) 1 Signal word 3 64 1 16 3 32 7 64 1 8 5 32 Statement 3 64 3 64 1 16 3 32 3 32 7 64 >Means greater than. 1 (2) Alternative placement. 3/32 1/16 (3) Promotional printed material. 3/32 1/16 [60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014] § 82.112 Removal of label bearing warning statement. (a) Prohibition on removal. (b) Incorporation of warning statement by subsequent manufacturers. (c) Manufacturers that incorporate products manufactured with controlled substances. (d) Manufacturers, distributors, wholesalers, retailers that sell spare parts manufactured with controlled substances solely for repair. [60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014] § 82.114 Compliance by manufacturers and importers with requirements for labeling of containers of controlled substances, or products containing controlled substances. (a) Compliance by manufacturers and importers with requirements for labeling of containers of controlled substances, or products containing controlled substances. (b) Reliance on reasonable belief. (c) Contractual obligations. § 82.116 Compliance by manufacturers or importers incorporating products manufactured with controlled substances. (a) Compliance by manufacturers or importers incorporating products manufactured with controlled substances, or importing products manufactured with controlled substances. (b) Reliance on reasonable belief. (c) Contractual obligations. § 82.118 Compliance by wholesalers, distributors and retailers. (a) Requirement of compliance by wholesalers, distributors and retailers. (b) Reliance on reasonable belief. (c) Contractual obligations. § 82.120 Petitions. (a) Requirements for procedure and timing. (b) Requirement for adequate data. (c) Adequate data. (1) A part clearly labeled “Section I.A.” which contains the petitioner's full name, company or organization name, address and telephone number, the product that is the subject of the petition, and, in the case of a petition to temporarily exempt a product manufactured with a class I substance from the labeling requirement, the manufacturer or manufacturers of that product. (2) For petitions to temporarily exempt a product manufactured with a class I substance only, a part clearly labeled “Section I.A.T.” which states the length of time for which an exemption is requested. (3) A part clearly labeled “Section I.B.” which includes the following statement, signed by the petitioner or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information.” (4) A part clearly labeled “Section I.C.” which fully explains the basis for the petitioner's request that EPA add the labeling requirements to or remove them from the product which is the subject of the petition, based specifically upon the technical facility or laboratory tests, literature, or economic analysis described in paragraphs (c) (5), (6) and (7) of this section. (5) A part clearly labeled “Section II.A.” which fully describes any technical facility or laboratory tests used to support the petitioner's claim. (6) A part clearly labeled “Section II.B.” which fully explains any values taken from literature or estimated on the basis of known information that are used to support the petitioner's claim. (7) A part clearly labeled “Section II.C.” which fully explains any economic analysis used to support the petitioner's claim. (d) Criteria for evaluating petitions. (1) That do not rely on the use of such class I or class II substance; (2) That reduce the overall risk to human health and the environment; and (3) That are currently or potentially available. (e) Procedure for acceptance or denial of petition. (2) If the Agency makes a decision to accept a petition to apply the requirements of this regulation to a product containing or manufactured with a class II substance, the Agency will notify the petitioner and publish a proposed rule in the Federal Register (3) If the Agency makes a decision to deny a petition to apply the requirements of this regulation to a product containing or manufactured with a class II substance, the Agency will notify the petitioner and publish an explanation of the petition denial in the Federal Register. (4) If the Agency makes a decision to accept a petition to temporarily exempt a product manufactured with a class I substance from the requirements of this regulation, the Agency will notify the petitioner and publish a proposed rule in the Federal Register (5) If the Agency makes a decision to deny a petition to temporarily exempt a product manufactured with a class I substance from the requirements of this regulation, the Agency will notify the petitioner and may, in appropriate circumstances, publish an explanation of the petition denial in the Federal Register. § 82.122 Certification, recordkeeping, and notice requirements. (a) Certification. (2) The certification must contain the following information: (i) The exact location of documents verifying calendar year 1990 usage and the 95% reduced usage during a twelve month period; (ii) A description of the records maintained at that location; (iii) A description of the type of system used to track usage; (iv) An indication of which 12 month period reflects the 95% reduced usage, and; (v) Name, address, and telephone number of a contact person. (3) Persons who submit certifications postmarked on or before May 15, 1993, need not place warning labels on their products manufactured using CFC-113 or methyl chloroform as a solvent. Persons who submit certifications postmarked after May 15, 1993, must label their products manufactured using CFC-113 or methyl chloroform as a solvent for 14 days following such submittal of the certification. (4) Persons certifying must also include a statement that indicates their future annual use will at no time exceed 5% of their 1990 usage. (5) Certifications must be signed by the owner or a responsible corporate officer. (6) If the Administrator determines that a person's certification is incomplete or that information supporting the exemption is inadequate, then products manufactured using CFC-113 or methyl chloroform as a solvent by such person must be labeled pursuant to § 82.106(a). (b) Recordkeeping. (c) Notice Requirements. [60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014] § 82.124 Prohibitions. (a) Warning statement Absence or presence of warning statement. (ii) On January 1, 2015, or any time between May 15, 1993 and January 1, 2015 that the Administrator determines for a particular product manufactured with or containing a class II substance that there are substitute products or manufacturing processes for such product that do not rely on the use of a class I or class II substance, that reduce the overall risk to human health and the environment, and that are currently or potentially available, no product identified in § 82.102(b) may be introduced into interstate commerce unless it bears a warning statement that complies with the requirements of § 82.106, unless such labeling is not required under § 82.106(b), § 82.112 (c) or (d), § 82.116(a) or § 82.118(a). (2) Placement of warning statement. (ii) On January 1, 2015, or any time between May 15, 1993 and January 1, 2015 that the Administrator determines for a particular product manufactured with or containing a class II substance that there are substitute products or manufacturing processes for such product that do not rely on the use of a class I or class II substance, that reduce the overall risk to human health and the environment, and that are currently or potentially available, no product identified in § 82.102(b) may be introduced into interstate commerce unless it bears a warning statement that complies with the requirements of § 82.108 of this subpart, unless such labeling is not required under § 82.106(b), § 82.112 (c) or (d), § 82.116(a) or § 82.118(a). (3) Form of label bearing warning statement. (ii) On January 1, 2015, or any time between May 15, 1993 and January 1, 2015 that the Agency determines for a particular product manufactured with or containing a class II substance, that there are substitute products or manufacturing processes that do not rely on the use of a class I or class II substance, that reduce the overall risk to human health and the environment, and that are currently or potentially available, no product identified in § 82.102(b) may be introduced into interstate commerce unless it bears a warning statement that complies with the requirements of § 82.110, unless such labeling is not required pursuant to § 82.106(b), § 82.112 (c) or (d), § 82.116(a), or § 82.118(a). (4) On or after May 15, 1993, no person may modify, remove or interfere with any warning statement required by this subpart, except as described in § 82.112. (5) In the case of any substance designated as a class I or class II substance after February 11, 1993, the prohibitions in paragraphs (a)(1)(i), (a)(2)(i), and (a)(3)(i) of this section shall be applicable one year after the designation of such substance as a class I or class II substance unless otherwise specified in the designation. Subpart F—Recycling and Emissions Reduction Source: 58 FR 28712, May 14, 1993, unless otherwise noted. § 82.150 Purpose and scope. (a) The purpose of this subpart is to reduce emissions of class I and class II refrigerants and their non-exempt substitutes to the lowest achievable level by maximizing the recapture and recycling of such refrigerants during the maintenance, service, repair, and disposal of appliances and restricting the sale of refrigerants consisting in whole or in part of a class I or class II ozone-depleting substance or their non-exempt substitutes in accordance with Title VI of the Clean Air Act. (b) This subpart applies to any person maintaining, servicing, or repairing appliances containing class I, class II or non-exempt substitute refrigerants. This subpart also applies to persons disposing of such appliances (including small appliances and motor vehicle air conditioners), refrigerant reclaimers, technician certifying programs, appliance owners and operators, manufacturers of appliances, manufacturers of recovery and/or recycling equipment, approved recovery and/or recycling equipment testing organizations, and persons buying, selling, or offering to sell class I, class II, or non-exempt substitute refrigerants. [81 FR 82349, Nov. 11, 2016] § 82.152 Definitions. Appliance Apprentice Approved equipment testing organization Batch Class I Class II Certified refrigerant recovery or recycling equipment Comfort cooling Commercial refrigeration Component Custom-built Disposal (1) The discharge, deposit, dumping or placing of any discarded appliance into or on any land or water; (2) The disassembly of any appliance for discharge, deposit, dumping or placing of its discarded component parts into or on any land or water; (3) The vandalism of any appliance such that the refrigerant is released into the environment or would be released into the environment if it had not been recovered prior to the destructive activity; (4) The disassembly of any appliance for reuse of its component parts; or (5) The recycling of any appliance for scrap. Follow-up verification test Full charge (1) Use of the equipment manufacturer's determination of the full charge; (2) Use of appropriate calculations based on component sizes, density of refrigerant, volume of piping, and other relevant considerations; (3) Use of actual measurements of the amount of refrigerant added to or evacuated from the appliance, including for seasonal variances; and/or (4) Use of an established range based on the best available data regarding the normal operating characteristics and conditions for the appliance, where the midpoint of the range will serve as the full charge. High-pressure appliance Industrial process refrigeration Industrial process shutdown Initial verification test Leak inspection Leak rate (1) Annualizing Method Step 1. (ii) Step 2. (iii) Step 3. (iv) Step 4. (2) Rolling Average Method Step 1. (ii) Step 2. (iii) Step 3. Low-loss fitting Low-pressure appliance Major maintenance, service, or repair Medium-pressure appliance Mothball Motor vehicle air conditioner (MVAC) MVAC-like appliance Normal operating characteristics and conditions One-time expansion device Opening an appliance Parent company Person Process stub Reclaim Specifications for Refrigerants Recover Recovery efficiency Recycle, Refrigerant Refrigerant circuit Retire, Retrofit Seasonal variance Self-contained recovery equipment Self-sealing valve Small appliance Substitute System-dependent recovery equipment System receiver Technician Very high-pressure appliance [58 FR 28712, May 14, 1993, as amended at 59 FR 42956, Aug. 19, 1994; 59 FR 55925, Nov. 9, 1994; 60 FR 40439, Aug. 8, 1995; 68 FR 43806, July 24, 2003; 69 FR 11978, Mar. 12, 2004; 70 FR 1991, Jan. 11, 2005; 70 FR 19278, Apr. 13, 2005; 81 FR 82349, Nov. 18, 2016] § 82.154 Prohibitions. (a) Venting prohibition. (i) Carbon dioxide in any application; (ii) Nitrogen in any application; (iii) Water in any application; (iv) Ammonia in commercial or industrial process refrigeration or in absorption units; (v) Chlorine in industrial process refrigeration (processing of chlorine and chlorine compounds); (vi) Hydrocarbons in industrial process refrigeration (processing of hydrocarbons); (vii) Ethane (R-170) in very low temperature refrigeration equipment and equipment for non-mechanical heat transfer; (viii) Propane (R-290) in retail food refrigerators and freezers—stand-alone units; household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning and heat pumps; vending machines; self-contained commercial ice machines, very low temperature refrigeration equipment, and water coolers; and effective July 15, 2024, retail food refrigeration—refrigerated food processing and dispensing equipment; (ix) Isobutane (R-600a) in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; and vending machines; (x) R-441A in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning; heat pumps; and vending machines. (2) De minimis de minimis (i) The applicable practices in §§ 82.155 and 82.156 are observed, the applicable practices in § 82.157 are observed for appliances that contain any class I or class II refrigerant or blend containing a class I or class II refrigerant, recovery and/or recycling machines that meet the requirements in § 82.158 are used whenever refrigerant is removed from an appliance, the technician certification provisions in § 82.161 are observed, and the reclamation requirements in § 82.164 are observed; or (ii) The requirements in subpart B of this part are observed. (3) The knowing release of a class I or class II refrigerant or a non-exempt substitute refrigerant after its recovery from an appliance is a violation of the venting prohibition. (b) No person may maintain, service, repair, or dispose of an appliance containing a class I or class II refrigerant or a non-exempt substitute refrigerant without: (1) Observing the applicable practices in §§ 82.155, 82.156, and 82.157; and (2) Using recovery and/or recycling equipment that is certified for that type of refrigerant and appliance under § 82.158. (c) Sales restriction. (i) The buyer has been certified as a Type I, Type II, Type III, or Universal technician under § 82.161; (ii) The buyer employs at least one technician who is certified as a Type I, Type II, Type III, or Universal technician under § 82.161 and provides proof of such to the seller; (iii) The buyer has been certified in accordance with 40 CFR part 82, subpart B and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G; (iv) The buyer employs at least one person who is certified under 40 CFR part 82, subpart B, and provides proof of such to the seller and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G. Nothing in this provision relieves persons of the requirements of § 82.34(b) or § 82.42(b); (v) The refrigerant is sold only for eventual resale to persons certified under § 82.161 or 40 CFR part 82, subpart B or to appliance manufacturers ( e.g., (vi) The refrigerant is sold to an appliance manufacturer; (vii) The refrigerant is contained in an appliance with a fully assembled refrigerant circuit or an appliance component; (viii) The refrigerant is charged into an appliance by a certified technician or an apprentice during maintenance, service, or repair of the appliance; or (ix) The non-exempt substitute refrigerant is intended for use in an MVAC and is sold in a container designed to hold two pounds or less of refrigerant, has a unique fitting, and, if manufactured or imported on or after January 1, 2018, has a self-sealing valve that complies with the requirements of paragraph (c)(2) of this section. (2) Self-sealing valve specifications. (i) Each container holding two pounds or less of non-exempt substitute refrigerant for use in an MVAC must be equipped with a single self-sealing valve that automatically closes and seals when not dispensing refrigerant. (ii) The leakage rate from each container must not exceed 3.00 grams per year when the self-sealing valve is closed. This leakage rate applies to new, full containers as well as containers that may be partially full. (iii) The leakage rate must be determined using the standards described in appendix E (incorporated by reference, see § 82.168). (iv) All testing to demonstrate compliance with this paragraph must be conducted by an independent test laboratory in the United States. For purposes of this requirement, an independent test laboratory is one that is not owned, operated, or affiliated with the applicant certifying equipment and/or products. (3) Recordkeeping. (ii) Electronic or paper copies of all records described in appendix E must be maintained by manufacturers of containers holding two pounds or less of non-exempt substitute refrigerant for use in an MVAC to verify self-sealing valves meet the requirements specified in paragraph (c)(2) of this section. All records must be kept for three years after each purchase. (d) Sale of used refrigerant. (1) Has been reclaimed by a person who has been certified as a reclaimer under § 82.164; (2) was used only in an MVAC or MVAC-like appliance and is to be used only in an MVAC or MVAC-like appliance and recycled in accordance with 40 CFR part 82, subpart B; (3) is contained in an appliance that is sold or offered for sale together with a fully assembled refrigerant circuit; (4) is being transferred between or among a parent company and one or more of its subsidiaries, or between or among subsidiaries having the same parent company; or (5) is being transferred between or among a Federal agency or department and a facility or facilities owned by the same Federal agency or department. (e) Manufacture and sale of appliances. (2) No person may sell or distribute, or offer for sale or distribution, any small appliance (except appliances containing only refrigerants that have been exempted under paragraph (a)(1) of this section) unless it is equipped with a process stub to facilitate the removal of refrigerant at servicing and disposal. (f) One-time expansion devices. (g) Rules stayed for consideration. Notwithstanding any other provisions of this subpart, the effectiveness of 40 CFR 82.154(c), only as it applies to refrigerant contained in appliances without fully assembled refrigerant circuits, is stayed from April 27, 1995, until EPA takes final action on its reconsideration of these provisions. EPA will publish any such final action in the Federal Register [81 FR 82352, Nov. 18, 2016, as amended at 81 FR 86881, Dec. 1, 2016; 82 FR 61184, Dec. 27, 2017; 85 FR 14171, Apr. 10, 2020; 89 FR 50463, June 13, 2024] § 82.155 Safe disposal of appliances. Until January 1, 2018, this section applies only to disposal of appliances containing class I and class II refrigerants. Starting on January 1, 2018, this section applies to disposal of appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant. (a) Persons recovering refrigerant from a small appliance, MVAC, or MVAC-like appliance for purposes of disposal of these appliances must evacuate refrigerant to the levels in § 82.156(b) through (d) using recovery equipment that meets the standards in § 82.158(e) through (g), or 40 CFR part 82 subpart B, as applicable. (b) The final processor— i.e., (1) Recover any remaining refrigerant from the appliance in accordance with paragraph (a) of this section; or (2) Verify using a signed statement or a contract that all refrigerant that had not leaked previously has been recovered from the appliance or shipment of appliances in accordance with paragraph (a) of this section. If using a signed statement, it must include the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered. If using a signed contract between the supplier and the final processor, it must either state that the supplier will recover any remaining refrigerant from the appliance or shipment of appliances in accordance with paragraph (a) of this section prior to delivery or verify that the refrigerant had been properly recovered prior to receipt by the supplier. (i) It is a violation of this subpart to accept a signed statement or contract if the person receiving the statement or contract knew or had reason to know that the signed statement or contract is false. (ii) The final processor must notify suppliers of appliances that refrigerant must be properly recovered in accordance with paragraph (a) of this section before delivery of the items to the facility. The form of this notification may be signs, letters to suppliers, or other equivalent means. (iii) If all the refrigerant has leaked out of the appliance, the final processor must obtain a signed statement that all the refrigerant in the appliance had leaked out prior to delivery to the final processor and recovery is not possible. “Leaked out” in this context means those situations in which the refrigerant has escaped because of system failures, accidents, or other unavoidable occurrences not caused by a person's negligence or deliberate acts such as cutting refrigerant lines. (c) Recordkeeping. [81 FR 82353, Nov. 18, 2016] § 82.156 Proper evacuation of refrigerant from appliances. Until January 1, 2018, this section applies only to evacuation of refrigerant from appliances containing class I or class II refrigerants. Starting on January 1, 2018, this section applies to evacuation of refrigerant from appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant, excluding paragraph (i) of this section which applies only to appliances containing class I or class II refrigerants until January 1, 2019. Starting January 1, 2019, the provisions in § 82.157 apply in lieu of paragraph (i) of this section. (a) Appliances (except small appliances, MVACs, and MVAC-like appliances). (1) If evacuation of the appliance to the atmosphere is not to be performed after completion of the maintenance, service, or repair, and if the maintenance, service, or repair is not major as defined at § 82.152, the appliance must: (i) Be evacuated to a pressure no higher than 0 psig before it is opened if it is a medium-, high- or very high-pressure appliance; (ii) Be pressurized to a pressure no higher than 0 psig before it is opened if it is a low-pressure appliance. Persons must cover openings when isolation is not possible. Persons pressurizing low-pressure appliances that use refrigerants with boiling points at or below 85 degrees Fahrenheit at 29.9 inches of mercury (standard atmospheric pressure), must not use methods such as nitrogen that require subsequent purging. Persons pressurizing low-pressure appliances that use refrigerants with boiling points above 85 degrees Fahrenheit at 29.9 inches of mercury, must use heat to raise the internal pressure of the appliance as much as possible, but may use nitrogen to raise the internal pressure of the appliance from the level attainable through use of heat to atmospheric pressure; or (iii) For the purposes of oil changes, be evacuated or pressurized to a pressure no higher than 5 psig, before it is opened; or drain the oil into a system receiver to be evacuated or pressurized to a pressure no higher than 5 psig. (2) If leaks in the appliance make evacuation to the levels in Table 1 unattainable or would substantially contaminate the refrigerant being recovered, persons opening or disposing of the appliance must: (i) Isolate leaking from non-leaking components wherever possible; (ii) Evacuate non-leaking components to be opened or disposed of to the levels specified in Table 1; and (iii) Evacuate leaking components to be opened or disposed of to the lowest level that can be attained without substantially contaminating the refrigerant. This level may not exceed 0 psig. (3) Recordkeeping. (i) The company name, location of the appliance, date of recovery, and type of refrigerant recovered for each appliance; (ii) The total quantity of refrigerant, by type, recovered from all disposed appliances in each calendar month; and (iii) The quantity of refrigerant, by type, transferred for reclamation and/or destruction, the person to whom it was transferred, and the date of transfer. Table 1—Required Levels of Evacuation for Appliances [Except for small appliances, MVACs, and MVAC-like appliances] Type of appliance Inches of Hg vacuum Using recovery and/or recycling equipment manufactured or Using recovery and/or recycling equipment manufactured or Very high-pressure appliance 0 0. High-pressure appliance, or isolated component of such appliance, with a full charge of less than 200 pounds of refrigerant 0 0. High-pressure appliance, or isolated component of such appliance, with a full charge of 200 pounds or more of refrigerant 4 10. Medium-pressure appliance, or isolated component of such appliance, with a full charge of less than 200 pounds of refrigerant 4 10. Medium-pressure appliance, or isolated component of such appliance, with a full charge of 200 pounds or more of refrigerant 4 15. Low-pressure appliance 25 mm Hg absolute 25 mm Hg absolute. (b) Small appliances. (1) When using recovery equipment manufactured before November 15, 1993, recover 80 percent of the refrigerant in the small appliance; or (2) When using recovery equipment manufactured on or after November 15, 1993, recover 90 percent of the refrigerant in the appliance when the compressor in the appliance is functioning, or 80 percent of the refrigerant in the appliance when the compressor in the appliance is not functioning; or (3) Evacuate the appliance to four inches of mercury vacuum. (c) MVAC-like appliances. (d) MVACs. (e) System-dependent equipment may not be used with appliances with a full charge of more than 15 pounds of refrigerant, unless the system-dependent equipment is permanently attached to the appliance as a pump-out unit. (f) Persons who maintain, service, repair, or dispose of only appliances that they own and that contain pump-out units are exempt from the requirement to use certified, self-contained recovery and/or recycling equipment. (g) All recovery and/or recycling equipment must be used in accordance with the manufacturer's directions unless such directions conflict with the requirements of this subpart. (h) Refrigerant may be returned to the appliance from which it is recovered or to another appliance owned by the same person without being recycled or reclaimed, unless the appliance is an MVAC or MVAC-like appliance. (i) The provisions in this paragraph (i) apply to owners and operators of appliances containing 50 or more pounds of class I and class II refrigerants only until January 1, 2019. The definitions in paragraph (j) of this section apply for purposes of this paragraph (i) in lieu of the definitions in § 82.152. (1) Owners or operators of commercial refrigeration equipment normally containing more than 50 pounds of refrigerant must have leaks repaired in accordance with paragraph (i)(9) of this section, if the appliance is leaking at a rate such that the loss of refrigerant will exceed 35 percent of the total charge during a 12-month period, except as described in paragraphs (i)(6), (i)(8), and (i)(10) of this section and paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section. Repairs must bring the annual leak rate to below 35 percent. (i) If the owners or operators of the federally-owned commercial refrigerant appliances determine that the leaks cannot be repaired in accordance with paragraph (i)(9) of this section and that an extension in accordance with the requirements discussed in this paragraph (i)(1)(i) of this section apply, they must document all repair efforts, and notify EPA of their inability to comply within the 30-day repair requirement, and the reason for the inability must be submitted to EPA in accordance with § 82.166(n). Such notification must be made within 30 days of discovering the leaks. EPA will determine if the extension requested in accordance with the requirements discussed in paragraph (i)(1)(i) of this section is justified. If the extension is not justified, EPA will notify the owner/operator within 30 days of receipt of the notification. (ii) Owners or operators of federally-owned commercial refrigeration equipment may have more than 30 days to repair leaks if the refrigeration appliance is located in an area subject to radiological contamination or where the shutting down of the appliance will directly lead to radiological contamination. Only the additional time needed to conduct and complete repairs in a safe working environment will be permitted. (iii) Owners or operators of federally-owned commercial refrigeration equipment requesting or who are granted time extensions under this paragraph must comply with paragraphs (i)(3) and (i)(4) of this section. (2) The owners or operators of industrial process refrigeration equipment normally containing more than 50 pounds of refrigerant must have leaks repaired if the appliance is leaking at a rate such that the loss of refrigerant will exceed 35 percent of the total charge during a 12-month period in accordance with paragraph (i)(9) of this section, except as described in paragraphs (i)(6), (i)(7) and (i)(10) of this section, and paragraphs (i)(2)(i) and (i)(2)(ii) of this section. Repairs must bring annual leak rates to below 35 percent during a 12-month period. If the owners or operators of the industrial process refrigeration equipment determine that the leak rate cannot be brought to below 35 percent during a 12-month period within 30 days (or 120 days, where an industrial process shutdown in accordance with paragraph (i)(2)(ii) of this section is required,) and in accordance with paragraph (i)(9) of this section, and that an extension in accordance with the requirements discussed in this paragraph apply, the owners or operators of the appliance must document all repair efforts, and notify EPA of the reason for the inability in accordance with § 82.166(n) within 30 days of making this determination. Owners or operators who obtain an extension pursuant to this section or elect to utilize the additional time provided in paragraph (i)(2)(i) of this section, must conduct all necessary leak repairs, if any, that do not require any additional time beyond the initial 30 or 120 days. (i) The owners or operators of industrial process refrigeration equipment are permitted more than 30 days (or 120 days where an industrial process shutdown in accordance with paragraph (i)(2)(ii) of this section is required) to repair leaks, if the necessary parts are unavailable or if requirements of other applicable federal, state, or local regulations make a repair within 30 or 120 days impossible. Only the additional time needed to receive delivery of the necessary parts or to comply with the pertinent regulations will be permitted. (ii) Owners or operators of industrial process refrigeration equipment will have a 120-day repair period, rather than a 30-day repair period, to repair leaks in instances where an industrial process shutdown is needed to repair a leak or leaks from industrial process refrigeration equipment. (3) Owners or operators of industrial process refrigeration equipment and owners or operators of federally-owned commercial refrigeration equipment or of federally-owned comfort cooling appliances who are granted additional time under paragraphs (i)(1) or (i)(5) of this section, must have repairs performed in a manner that sound professional judgment indicates will bring the leak rate below the applicable allowable leak rate. When an industrial process shutdown has occurred or when repairs have been made while an appliance is mothballed, the owners or operators shall conduct an initial verification test at the conclusion of the repairs and a follow-up verification test. The follow-up verification test shall be conducted within 30 days of completing the repairs or within 30 days of bringing the appliance back on-line, if taken off-line, but no sooner than when the appliance has achieved normal operating characteristics and conditions. When repairs have been conducted without an industrial process shutdown or system mothballing, an initial verification test shall be conducted at the conclusion of the repairs, and a follow-up verification test shall be conducted within 30 days of the initial verification test. In all cases, the follow-up verification test shall be conducted at normal operating characteristics and conditions, unless sound professional judgment indicates that tests performed at normal operating characteristics and conditions will produce less reliable results, in which case the follow-up verification test shall be conducted at or near the normal operating pressure where practicable, and at or near the normal operating temperature where practicable. (i) If the owners or operators of industrial process refrigeration equipment takes the appliance off-line, or if the owners or operators of federally-owned commercial refrigeration or of federally-owned comfort cooling appliances who are granted additional time under paragraphs (i)(1) or (i)(5) of this section take the appliance off-line, they cannot bring the appliance back on-line until an initial verification test indicates that the repairs undertaken in accordance with paragraphs (i)(1)(i), (ii), (iii), or (i)(2)(i) and (ii), or (5)(i), (ii), and (iii) of this section have been successfully completed, demonstrating the leak or leaks are repaired. The owners or operators of the industrial process refrigeration equipment, federally-owned commercial refrigeration appliances, or federally-owned comfort cooling appliances are exempted from this requirement only where the owners or operators will retrofit or retire the industrial process refrigeration equipment, federally-owned commercial refrigeration appliance, or federally-owned comfort cooling appliance in accordance with paragraph (i)(6) of this section. Under this exemption, the owner or operators may bring the industrial process refrigeration equipment, federally-owned commercial refrigeration appliance, or federally-owned comfort cooling appliance back on-line without successful completion of an initial verification test. (ii) If the follow-up verification test indicates that the repairs to industrial process refrigeration equipment, federally-owned commercial refrigeration equipment, or federally-owned comfort cooling appliances have not been successful, the owner or operator must retrofit or retire the equipment in accordance with paragraph (i)(6) and any such longer time period as may apply under paragraphs (i)(7)(i), (ii) and (iii) or (i)(8)(i) and (ii) of this section. The owners and operators of the industrial process refrigeration equipment, federally-owned commercial refrigeration equipment, or federally-owned comfort cooling appliances are relieved of this requirement if the conditions of paragraphs (i)(3)(iv) and/or (i)(3)(v) of this section are met. (iii) The owner or operator of industrial process refrigeration equipment that fails a follow-up verification test must notify EPA within 30 days of the failed follow-up verification test in accordance with § 82.166(n). (iv) The owner or operator is relieved of the obligation to retrofit or replace the industrial process refrigeration equipment as discussed in paragraph (i)(6) of this section if second repair efforts to fix the same leaks that were the subject of the first repair efforts are successfully completed within 30 days or 120 days where an industrial process shutdown is required, after the initial failed follow-up verification test. The second repair efforts are subject to the same verification requirements of paragraphs (i)(3), (i)(3) (i) and (ii) of this section. The owner or operator is required to notify EPA within 30 days of the successful follow-up verification test in accordance with § 82.166(n) and the owner or operator is no longer subject to the obligation to retrofit or replace the appliance that arose as a consequence of the initial failure to verify that the leak repair efforts were successful. (v) The owner or operator of industrial process refrigeration equipment is relieved of the obligation to retrofit or replace the equipment in accordance with paragraph (i)(6) of this section if within 180 days of the initial failed follow-up verification test, the owner or operator establishes that the appliance's annual leak rate does not exceed the applicable allowable annual leak rate, in accordance with paragraph (i)(4) of this section. If the appliance's owner or operator establishes that the appliance's annual leak rate does not exceed the applicable allowable annual leak rate, the owner or operator is required to notify EPA within 30 days of that determination in accordance with § 82.166(n) and the owner or operator would no longer be subject to the obligation to retrofit or replace the equipment that arose as a consequence of the initial failure to verify that the leak repair efforts were successful. (4) In the case of a failed follow-up verification test subject to paragraph (i)(3)(v) of this section, the determination of whether industrial process refrigeration equipment has an annual leak rate that exceeds the applicable allowable annual leak rate will be made in accordance with parameters identified by the owner or operator in its notice to EPA regarding the failure of the initial follow-up verification test, if those parameters are acceptable to EPA; otherwise by parameters selected by EPA. The determination must be based on the full charge for the affected industrial process refrigeration equipment. The leak rate determination parameters in the owner's or operator's notice will be considered acceptable unless EPA notifies the owners or operators within 30 days of receipt of the notice. Where EPA does not accept the parameters identified by the owner or operator in its notice, EPA will not provide additional time beyond the additional time permitted in paragraph (i)(3)(v) of this section unless specifically stated in the parameters selected by EPA. (5) Owners or operators of comfort cooling appliances normally containing more than 50 pounds of refrigerant and not covered by paragraph (i)(1) or (i)(2) of this section must have leaks repaired in accordance with paragraph (i)(9) of this section if the appliance is leaking at a rate such that the loss of refrigerant will exceed 15 percent of the total charge during a 12-month period, except as described in paragraphs (i)(6), (i)(8) and (i)(10) of this section and paragraphs (i)(5)(i), (i)(5)(ii) and (i)(5)(iii) of this section. Repairs must bring the annual leak rate to below 15 percent. (i) If the owners or operators of federally-owned comfort-cooling appliances determine that the leaks cannot be repaired in accordance with paragraph (i)(9) of this section and that an extension in accordance with the requirements discussed in paragraph (i)(5) of this section apply, they must document all repair efforts, and notify EPA of their inability to comply within the 30-day repair requirement, and the reason for the inability must be submitted to EPA in accordance with § 82.166(n). Such notification must be made within 30 days of discovering that leak repair efforts cannot be completed within 30 days. (ii) Owners or operators of federally-owned comfort-cooling appliances may have more than 30 days to repair leaks where the refrigeration appliance is located in an area subject to radiological contamination or where the shutting down of the appliance will directly lead to radiological contamination. Only the additional time needed to conduct and complete work in a safe environment will be permitted. (iii) Owners or operators of federally-owned comfort-cooling appliances requesting, or who are granted, time extensions under this paragraph must comply with paragraphs (i)(3) and (i)(4) of this section. (6) Owners or operators are not required to repair leaks as provided in paragraphs (i)(1), (i)(2), and (i)(5) of this section if, within 30 days of discovering a leak greater than the applicable allowable leak rate, or within 30 days of a failed follow-up verification test, or after making good faith efforts to repair the leaks as described in paragraph (i)(6)(i) of this section, they develop a one-year retrofit or retirement plan for the leaking appliance. Owners or operators who decide to retrofit the appliance must use a refrigerant or substitute with a lower or equivalent ozone-depleting potential than the previous refrigerant and must include such a change in the retrofit plan. Owners or operators who retire and replace the appliance must replace the appliance with an appliance that uses a refrigerant or substitute with a lower or equivalent ozone-depleting potential and must include such a change in the retirement plan. The retrofit or retirement plan (or a legible copy) must be kept at the site of the appliance. The original plan must be made available for EPA inspection upon request. The plan must be dated, and all work performed in accordance with the plan must be completed within one year of the plan's date, except as described in paragraphs (i)(6)(i), (i)(7), and (i)(8) of this section. Owners or operators are temporarily relieved of this obligation if the appliance has undergone system mothballing as defined in § 82.152. (i) If the owner or operator has made good faith efforts to repair leaks from the appliance in accordance with paragraphs (i)(1), (i)(2), or (i)(5) of this section and has decided prior to completing a follow-up verification test, to retrofit or retire the appliance in accordance with paragraph (i)(6) of this section, the owner or operator must develop a retrofit or retirement plan within 30 days of the decision to retrofit or retire the appliance. The owner or operator must complete the retrofit or retirement of the appliance within one year and 30 days of when the owner or operator discovered that the leak rate exceeded the applicable allowable leak rate, except as provided in paragraphs (i)(7) and (i)(8) of this section. (ii) In all cases, subject to paragraph (i)(6)(i) of this section, the written plan shall be prepared no later than 30 days after the owner or operator has determined to proceed with retrofitting or retiring the appliance. All reports required under § 82.166(o) shall be due at the time specified in the paragraph imposing the specific reporting requirement, or no later than 30 days after the decision to retrofit or retire the appliance, whichever is later. (iii) In cases where the owner or operator of industrial process refrigeration equipment has made good faith efforts to retrofit or retire industrial process refrigeration equipment prior to August 8, 1995, and where these efforts are not complete, the owner or operator must develop a retrofit or retirement plan that will complete the retrofit or retirement of the affected appliance by August 8, 1996. This plan (or a legible copy) must be kept at the site of the appliance. The original must be made available for EPA inspection upon request. Where the conditions of paragraphs (i)(7) and (i)(8) of this section apply, and where the length of time necessary to complete the work is beyond August 8, 1996, all records must be submitted to EPA in accordance with § 82.166(o), as well as maintained on-site. (7) The owners or operators of industrial process refrigeration equipment will be allowed additional time to complete the retrofit or retirement of industrial process refrigeration equipment if the conditions described in paragraphs (i)(7)(i) or (i)(7)(ii) of this section are met. The owners or operators of industrial process refrigeration equipment will be allowed additional time beyond the additional time provided in paragraph (i)(7)(ii) of this section if the conditions described in paragraph (i)(7)(iii) of this section are met. (i) Additional time, to the extent reasonably necessary will be allowed for retrofitting or retiring industrial process refrigeration equipment due to delays occasioned by the requirements of other applicable federal, state, or local laws or regulations, or due to the unavailability of a suitable replacement refrigerant with a lower ozone depletion potential. If these circumstances apply, the owner or operator of the facility must notify EPA within six months after the 30-day period following the discovery of an exceedance of the 35 percent leak rate. Records necessary to allow EPA to determine that these provisions apply and the length of time necessary to complete the work must be submitted to EPA in accordance with § 82.166(o), as well as maintained on-site. EPA will notify the owner or operator of its determination within 60 days of receipt the submittal. (ii) An additional one-year period beyond the initial one-year retrofit period is allowed for industrial process refrigeration equipment where the following criteria are met: (A) The new or the retrofitted industrial process refrigerant equipment is custom-built; (B) The supplier of the appliance or one or more of its critical components has quoted a delivery time of more than 30 weeks from when the order is placed; (C) The owner or operator notifies EPA within six months of the expiration of the 30-day period following the discovery of an exceedance of the 35 percent leak rate to identify the owner or operator, describe the appliance involved, explain why more than one year is needed, and demonstrate that the first two criteria are met in accordance with § 82.166(o); and (D) The owner or operator maintains records that are adequate to allow a determination that the criteria are met. (iii) The owners or operators of industrial process refrigeration equipment may request additional time to complete retrofitting or retiring industrial process refrigeration equipment beyond the additional one-year period if needed and where the initial additional one year was granted in accordance with paragraph (i)(7)(ii) of this section. The request shall be submitted to EPA before the end of the ninth month of the first additional year and shall include revisions of information required under § 82.166(o). Unless EPA objects to this request submitted in accordance with § 82.166(o) within 30 days of receipt, it shall be deemed approved. (8) Owners or operators of federally-owned commercial or comfort-cooling appliances will be allowed an additional year to complete the retrofit or retirement of the appliances if the conditions described in paragraph (i)(8)(i) of this section are met, and will be allowed one year beyond the additional year if the conditions in paragraph (i)(8)(ii) of this section are met. (i) Up to one additional one-year period beyond the initial one-year retrofit period is allowed for such equipment where the following criteria are met: (A) Due to complications presented by the federal agency appropriations and/or procurement process, a delivery time of more than 30 weeks from the beginning of the official procurement process is quoted, or where the appliance is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; (B) The operator notifies EPA within six months of the expiration of the 30-day period following the discovery of an exceedance of the applicable allowable annual leak rate to identify the operator, describe the appliance involved, explain why more than one year is needed, and demonstrate that the first criterion is met in accordance with § 82.166(o); and (C) The operator maintains records adequate to allow a determination that the criteria are met. (ii) The owners or operators of federally-owned commercial or comfort-cooling appliances may request additional time to complete retrofitting, replacement or retiring such appliances beyond the additional one-year period if needed and where the initial additional one year was granted in accordance with paragraph (i)(8)(i) of this section. The request shall be submitted to EPA before the end of the ninth month of the first additional year and shall include revisions of information earlier submitted as required under § 82.166(o). Unless EPA objects to this request submitted in accordance with § 82.166(o) within 30 days of receipt, it shall be deemed approved. (9) Owners or operators must repair leaks pursuant to paragraphs (i)(1), (i)(2) and (i)(5) of this section within 30 days after discovery, or within 30 days after when the leaks should have been discovered if the owners intentionally shielded themselves from information which would have revealed a leak, unless granted additional time pursuant to § 82.156(i). (10) The amount of time for owners and operators to complete repairs, retrofit plans or retrofits/replacements/ retirements under paragraphs (i)(1), (i)(2), (i)(5), (i)(6), (i)(7), (i)(8), and (i)(9) of this section is temporarily suspended at the time an appliance is mothballed as defined in § 82.152. The time for owners and operators to complete repairs, retrofit plans, or retrofits/replacements will resume on the day the appliance is brought back on-line and is no longer considered mothballed. All initial and follow-up verification tests must be performed in accordance with paragraphs (i)(3), (i)(3)(i), and (i)(3)(ii) of this section. (11) In calculating annual leak rates, purged refrigerant that is destroyed at a verifiable destruction efficiency of 98 percent or greater will not be counted toward the leak rate. Owners or operators destroying purged refrigerants must maintain information as set forth in § 82.166(p)(1) and submit to EPA, within 60 days after the first time such exclusion is used by that facility, information set forth in § 82.166(p)(2). (j) Definitions for the leak repair provisions in 82.156(i). Appliance Commercial refrigeration Critical component Custom-built Follow-up verification test Full charge (i) Use the equipment manufacturer's determination of the correct full charge for the equipment; (ii) Determine the full charge by making appropriate calculations based on component sizes, density of refrigerant, volume of piping, and other relevant considerations; (iii) Use actual measurements of the amount of refrigerant added or evacuated from the appliance; and/or (iv) Use an established range based on the best available data regarding the normal operating characteristics and conditions for the appliance, where the midpoint of the range will serve as the full charge, and where records are maintained in accordance with § 82.166(q). Industrial process refrigeration Industrial process shutdown Initial verification test Leak rate (i) Method 1. (A) Step 1. Take the number of pounds of refrigerant added to the appliance to return it to a full charge and divide it by the number of pounds of refrigerant the appliance normally contains at full charge; (B) Step 2. Take the shorter of the number of days that have passed since the last day refrigerant was added or 365 days and divide that number by 365 days; (C) Step 3. Take the number calculated in Step 1. and divide it by the number calculated in Step 2.; and (D) Step 4. Multiply the number calculated in Step 3. by 100 to calculate a percentage. This method is summarized in the following formula: (ii) Method 2. (A) Step 1. Take the sum of the quantity of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since leaks in the appliance were last repaired, if that period is less than one year), (B) Step 2. Divide the result of Step 1. by the quantity ( e.g., (C) Step 3. Multiply the result of Step 2. by 100 to obtain a percentage. This method is summarized in the following formula: Normal operating characteristics or conditions Normally containing Refrigerant Substitute Suitable replacement refrigerant System mothballing [58 FR 28712, May 14, 1993, as amended at 59 FR 42956, 42962, Aug. 19, 1994; 59 FR 55926, Nov. 9, 1994; 60 FR 40440, Aug. 8, 1995; 68 FR 43807, July 24, 2003; 69 FR 11979, Mar. 12, 2004; 70 FR 1991, Jan. 11, 2005; 79 FR 29690, May 23, 2014; 8a FR 82354, Nov. 18, 2016] § 82.157 Appliance maintenance and leak repair. (a) Applicability. (b) Leak rate calculation. (c) Requirement to address leaks through appliance repair, or retrofitting or retiring an appliance. (2) Leak Rates: (i) 20 percent leak rate for commercial refrigeration equipment; (ii) 30 percent leak rate for industrial process refrigeration equipment; and (iii) 10 percent leak rate for comfort cooling appliances or other appliances with a full charge of 50 or more pounds of refrigerant not covered by (c)(2)(i) or (ii) of this section. (d) Appliance repair. (1) A certified technician must conduct a leak inspection, as described in paragraph (g) of this section, to identify the location of leaks. (2) Leaks must be repaired such that the leak rate is brought below the applicable leak rate. This must be confirmed by the leak rate calculation performed upon the next refrigerant addition. The leaks will be presumed to be repaired if there is no further refrigerant addition for 12 months after the repair or if the leak inspections required under paragraph (g) do not find any leaks in the appliance. Repair of leaks must be documented by both an initial and a follow-up verification test or tests. (3) The time frames in paragraphs (d) through(f) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the appliance (or component of an appliance if the leaking component was isolated). (e) Verification tests. (1) Initial verification test. (i) For repairs that can be completed without the need to open or evacuate the appliance, the test must be performed after the conclusion of the repair work and before any additional refrigerant is added to the appliance. (ii) For repairs that require the evacuation of the appliance or portion of the appliance, the test must be performed before adding any refrigerant to the appliance. (iii) If the initial verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and initial verification tests as needed within the applicable time period. (2) Follow-up verification test. (i) A follow-up verification test must demonstrate that leaks where a repair attempt was made are repaired. If the follow-up verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and verification tests as needed to bring the appliance below the leak rate within the applicable time period and to verify the repairs. (f) Extensions to the appliance repair deadlines. (1) One or more of the following conditions must apply: (i) The appliance is located in an area subject to radiological contamination or shutting down the appliance will directly lead to radiological contamination. Additional time is permitted to the extent needed to conduct and finish repairs in a safe working environment. (ii) Requirements of other applicable Federal, state, or local regulations make a repair within 30 days (or 120 days if an industrial process shutdown is required) impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations. (iii) Components that must be replaced as part of the repair are not available within 30 days (or 120 days if an industrial process shutdown is required). Additional time is permitted up to 30 days after receiving delivery of the necessary components, not to exceed 180 days (or 270 days if an industrial process shutdown is required) from the date the appliance exceeded the applicable leak rate. (2) Repairs to leaks that the technician has identified as significantly contributing to the exceedance of the leak rate and that do not require additional time must be completed and verified within the initial 30 day repair period (or 120 day repair period if an industrial process shutdown is required); (3) The owner or operator must document all repair efforts and the reason for the inability to make the repair within the initial 30 day repair period (or 120 day repair period if an industrial process shutdown is required); and (4) The owner or operator must request an extension from EPA at the address specified in paragraph (m) of this section within 30 days (or 120 days if an industrial process shutdown is required) of the appliance exceeding the applicable leak rate in paragraph (c) of this section. Extension requests must include: Identification and address of the facility; the name of the owner or operator of the appliance; the leak rate; the method used to determine the leak rate and full charge; the date the appliance exceeded the applicable leak rate; the location of leak(s) to the extent determined to date; any repair work that has been performed thus far, including the date that work was completed; the reasons why more than 30 days (or 120 days if an industrial process shutdown is required) are needed to complete the repair; and an estimate of when the work will be completed. If the estimated completion date is to be extended, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA within 30 days of identifying that the completion date must be extended. The owner or operator must keep a dated copy of this submission. (g) Leak inspections. (i) For commercial refrigeration and industrial process refrigeration appliances with a full charge of 500 or more pounds, leak inspections must be conducted once every three months until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for four quarters in a row. (ii) For commercial refrigeration and industrial process refrigeration appliances with a full charge of 50 or more pounds but less than 500 pounds, leak inspections must be conducted once per calendar year until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for one year. (iii) For comfort cooling appliances and other appliances not covered by paragraphs (g)(1)(i) and (ii) of this section, leak inspections must be conducted once per calendar year until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for one year. (2) Leak inspections must be conducted by a certified technician using method(s) determined by the technician to be appropriate for that appliance. (3) All visible and accessible components of an appliance must be inspected, with the following exceptions: (i) Where components are insulated, under ice that forms on the outside of equipment, underground, behind walls, or are otherwise inaccessible; (ii) Where personnel must be elevated more than two meters above a support surface; or (iii) Where components are unsafe to inspect, as determined by site personnel. (4) Quarterly or annual leak inspections are not required on appliances, or portions of appliances, continuously monitored by an automatic leak detection system that is audited or calibrated annually. An automatic leak detection system may directly detect refrigerant in air, monitor its surrounding in a manner other than detecting refrigerant concentrations in air, or monitor conditions of the appliance. (i) For systems that directly detect the presence of a refrigerant in air, the system must: (A) Only be used to monitor components located inside an enclosed building or structure; (B) Have sensors or intakes placed so that they will continuously monitor the refrigerant concentrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak; (C) Accurately detect a concentration level of 10 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance(s); and (D) Alert the owner or operator when a refrigerant concentration of 100 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance(s) is reached. (ii) For a system that monitors its surrounding in a manner other than detecting refrigerant concentrations in air or monitor conditions of the appliance, the system must automatically alert the owner or operator when measurements indicate a loss of 50 pounds of refrigerant or 10 percent of the full charge, whichever is less. (iii) When automatic leak detection equipment is only being used to monitor portions of an appliance, the remainder of the appliance continues to be subject to any applicable leak inspection requirements. (h) Retrofit or retirement plans. (i) an appliance leaking above the applicable leak rate in paragraph (c) of this section if the owner or operator intends to retrofit or retire rather than repair the leak; (ii) an appliance leaking above the applicable leak rate in paragraph (c) of this section if the owner or operator fails to take any action to identify or repair the leak; or (iii) an appliance continues to leak above the applicable leak rate after having conducted the required repairs and verification tests under paragraphs (d) and (e) of this section. (2) A retrofit or retirement plan must, at a minimum, contain the following information: (i) Identification and location of the appliance; (ii) Type and full charge of the refrigerant used in the appliance; (iii) Type and full charge of the refrigerant to which the appliance will be converted, if retrofitted; (iv) Itemized procedure for converting the appliance to a different refrigerant, including changes required for compatibility with the new substitute, if retrofitted; (v) Plan for the disposition of recovered refrigerant; (vi) Plan for the disposition of the appliance, if retired; and (vii) A schedule, not to exceed one-year, for completion of the appliance retrofit or retirement. (3) The retrofit or retirement plan must be signed by an authorized company official, dated, accessible at the site of the appliance in paper copy or electronic format, and available for EPA inspection upon request. (4) All identified leaks must be repaired as part of any retrofit under such a plan. (5)(i) Unless granted additional time, all work performed in accordance with the plan must be finished within one year of the plan's date (not to exceed 13 months from when the plan was required in paragraph (h)(1) of this section). (ii) The owner or operator may request that EPA relieve it of the obligation to retrofit or retire an appliance if the owner or operator can establish within 180 days of the plan's date that the appliance no longer exceeds the applicable leak rate and if the owner or operator agrees in writing to repair all identified leaks within one year of the plan's date consistent with paragraph (h)(4) and (h)(5)(i) of this section. The owner or operator must submit to EPA the retrofit or retirement plan as well as the following information: The date that the requirement to develop a retrofit or retirement plan was triggered; the leak rate; the method used to determine the leak rate and full charge; the location of the leak(s) identified in the leak inspection; a description of repair work that has been completed; a description of repair work that has not been completed; a description of why the repair was not conducted within the time frames required under paragraphs (d) and (f) of this section; and a statement signed by an authorized official that all identified leaks will be repaired and an estimate of when those repairs will be completed (not to exceed one year from date of the plan). The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved. (i) Extensions to the one-year retrofit or retirement schedule. (1) Extensions available to any appliance. (2) Extensions available to industrial process refrigeration. (i) Requirements of other applicable Federal, state, or local regulations make a retrofit or retirement within one year impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations; (ii) The new or the retrofitted equipment is custom-built as defined in this subpart and the supplier of the appliance or one of its components has quoted a delivery time of more than 30 weeks from when the order is placed. The appliance or appliance components must be installed within 120 days after receiving delivery of the necessary parts; or (iii) After receiving an extension under paragraph (i)(2)(ii) of this section, owners or operators may request additional time if necessary to finish the retrofit or retirement of equipment. The request must be submitted to EPA before the end of the ninth month of the initial extension and must include the same information submitted for that extension, with any necessary revisions. A dated copy of the request must be available on-site in either electronic or paper copy. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved. (3) Extensions available to Federally owned equipment. (i) A delivery time of more than 30 weeks from the beginning of the official procurement process is quoted due to complications presented by the Federal agency appropriations and/or procurement process; (ii) The appliance is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; or (iii) After receiving a one-year extension under paragraphs (i)(3)(i) or (ii) of this section, additional time may be requested if necessary to finish the retrofit or retirement of equipment. The request must be submitted to EPA before the end of the ninth month of the one-year extension and must include the same information submitted for that one-year extension, with any necessary revisions. A dated copy of the request must be available on-site in either electronic or paper copy. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved. (j) Chronically leaking appliances. (k) Purged refrigerant. (l) Recordkeeping. (1) Owners or operators must determine the full charge of all appliances with 50 or more pounds of refrigerant and maintain the following information for each appliance until three years after the appliance is retired: (i) The identification of the owner or operator of the appliance; (ii) The address where the appliance is located; (iii) The full charge of the appliance and the method for how the full charge was determined; (iv) If using method 4 (using an established range) for determining full charge, records must include the range for the full charge of the appliance, its midpoint, and how the range was determined; (v) Any revisions of the full charge, how they were determined, and the dates such revisions occurred. (2) Owners or operators must maintain a record including the following information for each time an appliance with a full charge of 50 or more pounds is maintained, serviced, repaired, or disposed of, when applicable. If the maintenance, service, repair, or disposal is done by someone other than the owner or operator, that person must provide a record containing the following information, with the exception of (l)(2)(vii) and (viii) of this section, to the owner or operator: (i) The identity and location of the appliance; (ii) The date of the maintenance, service, repair, or disposal performed; (iii) The part(s) of the appliance being maintained, serviced, repaired, or disposed; (iv) The type of maintenance, service, repair, or disposal performed for each part; (v) The name of the person performing the maintenance, service, repair, or disposal; (vi) The amount and type of refrigerant added to, or in the case of disposal removed from, the appliance; (vii) The full charge of the appliance; and (viii) The leak rate and the method used to determine the leak rate (not applicable when disposing of the appliance, following a retrofit, installing a new appliance, or if the refrigerant addition qualifies as a seasonal variance). (3) Owners or operators must keep records of leak inspections that include the date of inspection, the method(s) used to conduct the leak inspection, a list of the location of each leak that was identified, and a certification that all visible and accessible parts of the appliance were inspected. Technicians conducting leak inspections must, upon conclusion of that service, provide the owner or operator of the appliance with documentation that meets these requirements. (4) If using an automatic leak detection system, the owner or operator must maintain records regarding the installation and the annual audit and calibration of the system, a record of each date the monitoring system identified a leak, and the location of the leak. (5) Owners or operators must maintain records of the dates and results of all initial and follow-up verification tests. Records must include the location of the appliance, the date(s) of the verification tests, the location(s) of all repaired leaks that were tested, the type(s) of verification test(s) used, and the results of those tests. Technicians conducting initial or follow-up verification tests must, upon conclusion of that service, provide the owner or operator of the appliance with documentation that meets these requirements. (6) Owners or operators must maintain retrofit or retirement plans developed in accordance with paragraph (h) of this section. (7) Owners or operators must maintain retrofit and/or extension requests submitted to EPA in accordance with paragraph (i) of this section. (8) Owners or operators that suspend the deadlines in this section by mothballing an appliance must keep records documenting when the appliance was mothballed and when additional refrigerant was added to the appliance (or isolated component). (9) Owners or operators who exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records to support the amount of refrigerant claimed as sent for destruction. Records must be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records must include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. Records must include: (i) The identification of the facility and a contact person, including the address and telephone number; (ii) A description of the appliance, focusing on aspects relevant to the purging of refrigerant and subsequent destruction; (iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located; (iv) The frequency of monitoring and data-recording; and (v) A description of the control device, and its destruction efficiency. (10) Owners or operators that exclude additions of refrigerant due to seasonal variance from their leak rate calculation must maintain records stating that they are using the seasonal variance flexibility and documenting the amount added and removed under § 82.157(l)(2). (11) Owners or operators that submit reports to EPA in accordance with paragraph (m) of this section must maintain copies of the submitted reports and any responses from EPA. (m) Reporting. [email protected] (1) Owners or operators must notify EPA at this address in accordance with paragraph (f) of this section when seeking an extension of time to complete repairs. (2) Owners or operators must notify EPA at this address in accordance with paragraph (h)(5)(ii) of this section when seeking relief from the obligation to retrofit or retire an appliance. (3) Owners or operators must notify EPA at this address in accordance with paragraph (i) of this section when seeking an extension of time to complete the retrofit or retirement of an appliance. (4) Owners or operators must notify EPA at this address in accordance with paragraph (j) of this section for any appliance that leaks 125 percent or more of the full charge in a calendar year. (5) When excluding purged refrigerants that are destroyed from annual leak rate calculations, owners or operators must notify EPA at this address within 60 days after the first time the exclusion is used by the facility where the appliance is located. The report must include the information included in paragraph (l)(9) of this section. [81 FR 82356, Nov. 18, 2016, as amended at 85 FR 14171, Apr. 10, 2020] § 82.158 Standards for recovery and/or recycling equipment. Starting January 1, 2017, this section applies to recovery and/or recycling equipment for use during the maintenance, service, repair, or disposal of appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant. (a) No person may manufacture or import recovery and/or recycling equipment for use during the maintenance, service, repair, or disposal of appliances unless the equipment is certified in accordance with this section. (b) No person may alter the design of certified refrigerant recovery and/or recycling equipment in a way that would affect the equipment's ability to meet the certification standards in this section without resubmitting the altered design for certification testing. Until it is tested and shown to meet the certification standards in this section, equipment so altered will be considered uncertified. (c) Recovery and/or recycling equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) will be considered certified if it is capable of achieving the level of evacuation specified in Table 2 of this section when tested using a properly calibrated pressure gauge. (d) Manufacturers and importers of recovery and/or recycling equipment must have such equipment certified by an approved equipment testing organization as follows: (1) Recovery and/or recycling equipment manufactured or imported on or after November 15, 1993, and before September 22, 2003, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B1 of this subpart (based upon the ARI Standard 740-1993, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment (2) Recovery and/or recycling equipment manufactured or imported on or after September 22, 2003, and before January 1, 2017, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B2 of this subpart (based upon the ARI Standard 740-1995, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment (3) Recovery and/or recycling equipment manufactured or imported on or after January 1, 2017, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B3 (for non-flammable refrigerants) based upon AHRI Standard 740-2016 or appendix B4 (for flammable refrigerants) of this subpart. Table 2—Levels of Evacuation Which Must Be Achieved by Recovery and/or Recycling Equipment [Except for small appliances, MVACs, and MVAC-like appliances.] Type of appliance with which recovery and/or recycling machine is intended to be used Inches of Hg vacuum Manufactured or Manufactured or HCFC-22 appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant 0 0. HCFC-22 appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant 4 10. Very high-pressure appliances 0 0. Other high-pressure appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant 4 10. Other high-pressure appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant 4 15. Medium-pressure appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant 4 10. Medium-pressure appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant 4 15. Low-pressure appliances 25 mm Hg absolute 25 mm Hg absolute. (4) Recovery and/or recycling equipment whose recovery efficiency cannot be tested according to the procedures in appendix B1, B2, B3, or B4 of this subpart as applicable may be certified if an approved third-party testing organization adopts and performs a test that demonstrates, to the satisfaction of the Administrator, that the recovery efficiency of that equipment is equal to or better than that of equipment that: (i) Is intended for use with the same type of appliance; and (ii) Achieves the level of evacuation in Table 2. The manufacturer's instructions must specify how to achieve the required recovery efficiency, and the equipment must be tested when used according to these instructions. (5) The equipment must meet the minimum requirements for certification under appendix B1, B2, B3, or B4 of this subpart as applicable. (6) If the equipment is equipped with a noncondensables purge device, the equipment must not release more than 3 percent of the quantity of refrigerant being recycled through noncondensables purging under the conditions of appendix B1, B2, B3, or B4 of this subpart as applicable. (7) The equipment must be equipped with low-loss fittings on all hoses. (8) The equipment must have its liquid recovery rate and its vapor recovery rate measured under the conditions of appendix B1, B2, B3, or B4 as applicable, unless the equipment has no inherent liquid or vapor recovery rate. (e) Small appliances. (1) Equipment manufactured or imported before November 15, 1993, will be considered certified if it is capable of either recovering 80 percent of the refrigerant in the system, whether or not the compressor of the test stand is operational, or achieving a four-inch vacuum when tested using a properly calibrated pressure gauge. (2) Equipment manufactured or imported on or after November 15, 1993, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B1 of this subpart, based upon ARI Standard 740-1993. (3) Equipment manufactured or imported on or after September 22, 2003, and before January 1, 2017, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B2 of this subpart, based upon ARI Standard 740-1995. (4) Equipment manufactured or imported on or after January 1, 2017, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B3 of this subpart (for non-flammable refrigerants), based upon AHRI Standard 740-2016 or appendix B4 of this subpart (for flammable refrigerants), based upon both AHRI Standard 740-2016 and UL 1963, Supplement SB, Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant, (5) Equipment used to evacuate any class I or class II refrigerant or any non-exempt substitute refrigerant from small appliances before they are disposed of may also be certified if it is capable of achieving a four-inch vacuum when tested using a properly calibrated pressure gauge. (f) MVAC-like appliances. (2) Equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, or repair of MVAC-like appliances must be capable of reducing the system pressure to 102 mm of mercury vacuum under the conditions of appendix A of subpart B of this part. (g) MVACs. (h) Labeling. THIS EQUIPMENT HAS BEEN CERTIFIED BY [APPROVED EQUIPMENT TESTING ORGANIZATION] TO MEET EPA's MINIMUM REQUIREMENTS FOR RECYCLING OR RECOVERY EQUIPMENT INTENDED FOR USE WITH [APPROPRIATE CATEGORY OF APPLIANCE]. (2) The label must also show the date of manufacture and the serial number (if applicable) of the equipment. The label must be affixed in a readily visible or accessible location, be made of a material expected to last the lifetime of the equipment, present required information in a way that it is likely to remain legible for the lifetime of the equipment, and be affixed in such a way that it cannot be removed from the equipment without damage to the label. (i) Retesting. (1) Retests of certified recovery and/or recycling equipment in accordance with paragraphs (d) and (e) of this section; or (2) Inspections of recovery and/or recycling equipment at manufacturing facilities to ensure that each equipment model line that has been certified under this section continues to meet the certification criteria. (j) Revocation. (k) Equipment that is advertised or marketed as “recycling equipment” must be capable of recycling the standard contaminated refrigerant sample of appendix B2, B3, or B4 of this subpart (as applicable) to the levels in the following table when tested under the conditions of appendix B2, B3 or B4 of this subpart: Maximum Levels of Contaminants Permissible in Refrigerant Processed Through Equipment Advertised as “Recycling” Equipment Contaminants Low-pressure (R-11, R-123, R-113) systems R-12 systems All other systems Acid Content (by wt.) 1.0 PPM 1.0 PPM 1.0 PPM. Moisture (by wt.) 20 PPM 10 PPM 20 PPM. Noncondensable Gas (by vol.) N/A 2.0% 2.0%. High Boiling Residues (by vol.) 1.0% 0.02% 0.02%. Chlorides by Silver Nitrate Test No turbidity No turbidity No turbidity. Particulates Visually clean Visually clean Visually clean. [81 FR 82360, Nov. 18, 2016] § 82.160 Approved equipment testing organizations. (a) Any equipment testing organization may apply for approval by the Administrator to certify equipment under the standards in § 82.158 and appendices B2, B3, B4, or C of this subpart. Applications must be sent to [email protected] (b) Applications for approval must include: (1) A list of equipment present at the organization that will be used for equipment testing. (2) Verification of the organization's expertise in equipment testing and the technical experience of the organization's personnel. (3) Verification of the organization's knowledge of the standards and recordkeeping and reporting requirements of this subpart. (4) A description of the organization's program for verifying the performance of certified recovery and/or recycling equipment manufactured over the long term, specifying whether retests of equipment or inspections of equipment at manufacturing facilities will be used. (5) Verification that the organization has no conflict of interest and receives no direct or indirect financial benefit from the outcome of certification testing. (6) Agreement to allow the Administrator access to records and personnel to verify the information contained in the application. (c) Organizations may not certify equipment before receiving approval from EPA. If approval is denied under this section, the Administrator must give written notice to the organization setting forth the basis for the determination. (d) If an approved testing organization conducts certification tests in a way not consistent with the representations made in its application or with the provisions of this subpart, the Administrator may revoke approval in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. (e) Recordkeeping and reporting. (2) Approved equipment testing organizations must notify EPA at [email protected] (3) All records must be maintained for three years after the equipment is no longer offered for sale. Online lists must contain certified equipment until three years after that equipment is no longer offered for sale. [81 FR 82362, Nov. 18, 2016] § 82.161 Technician certification. Until January 1, 2018, this section applies only to technicians and organizations certifying technicians that maintain, service, or repair appliances containing class I or class II refrigerants. Starting on January 1, 2018, this section applies to technicians and organizations certifying technicians that maintain, service, or repair appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant. (a) Certification requirements. (i) Persons who maintain, service, or repair small appliances must be certified as Type I technicians. (ii) Persons who maintain, service, repair, or dispose of medium-, high-, or very high-pressure appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified as Type II technicians. (iii) Persons who maintain, service, repair, or dispose of low-pressure appliances must be certified as Type III technicians. (iv) Persons who maintain, service, repair, or dispose of all appliances described in paragraph (a)(1)(i) through (iii) of this section must be certified as Universal technicians. (v) Technicians who maintain, service, or repair MVAC-like appliances must either be certified as Type II technicians or be certified in accordance with 40 CFR part 82, subpart B. (vi) Persons who maintain, service, or repair MVAC appliances for consideration must be certified in accordance with 40 CFR part 82, subpart B. (vii) Persons who dispose of small appliances, MVACs, and MVAC-like appliances are not required to be certified. (2) Apprentices are exempt from the requirement in paragraph (a)(1) of this section provided the apprentice is closely and continually supervised by a certified technician while performing any maintenance, service, repair, or disposal that could reasonably be expected to release refrigerant from an appliance into the environment, except those substitute refrigerants exempted under paragraph (a)(1) of this section. The supervising certified technician and the apprentice have the responsibility to ensure that the apprentice complies with this subpart. (3) The Administrator may require technicians to demonstrate at their place of business their ability to perform proper procedures for recovering and/or recycling refrigerant, except those substitute refrigerants exempted under paragraph (a)(1) of this section. Failure to demonstrate or failure to properly use the equipment may result in revocation or suspension of the certificate. Failure to abide by any of the provisions of this subpart may also result in revocation or suspension of the certificate. If a technician's certificate is revoked, the technician would need to recertify before maintaining, servicing, repairing, or disposing of any appliances. (4) (i) Technicians certified under this section must keep a copy of their certificate at their place of business. (ii) Technicians must maintain a copy of their certificate until three years after no longer operating as a technician. (5) Recertification. Federal Register (b) Requirements for Technician Certification Programs. (2) Program approval. (3) Alternative examinations. (4) Proof of certification. (5) Programs certifying technicians must maintain records in accordance with section (g) of appendix D of this subpart. (6) Starting January 1, 2018, programs certifying technicians, excluding Federally-run programs, must publish online a list of all technicians they have certified on or after January 1, 2017. Certifying organizations must update these lists at least annually. (i) The list must include the first name, middle initial, and last name of the certified technician, the technician's city of residence when taking the test, the type(s) of certification received, and the date each certification was received. (ii) Programs certifying technicians must provide notice to technicians that such information will be published online in compliance with any other Federal, state or local regulations, and allow technicians to opt out of being included in such lists. (7) If an approved program violates any of the above requirements, the Administrator may revoke approval in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. (c) Test subject material. [81 FR 82363, Nov. 18, 2016] § 82.162 [Reserved] § 82.164 Reclaimer certification. (a) All persons reclaiming used class I or II refrigerant or non-exempt substitute refrigerant for sale to a new owner must meet the following requirements: (1) Reclaim such refrigerant to all the specifications in appendix A of this subpart (based on AHRI Standard 700-2016, Specifications for Refrigerants (2) Verify that each batch of such refrigerant reclaimed meets these specifications using the analytical methodology prescribed in appendix A of this subpart, which includes the primary methodologies included in appendix A of AHRI Standard 700-2016; (3) Release no more than 1.5 percent of the refrigerant during the reclamation process; (4) Dispose of wastes from the reclamation process in accordance with all applicable laws and regulations; and (5) Maintain records and submit reports in accordance with paragraph (d) of this section. (b) The owner or a responsible officer reclaiming used refrigerant for sale to a new owner, except for persons who properly certified under this section before May 11, 2004, must certify to the Administrator at the address in § 82.160(a) that they will meet the requirements in paragraph (a) of this section. The certification must include the name and address of the reclaimer and a list of equipment used to reclaim the refrigerant to the required standard, and to analyze the refrigerant to ensure it meets these specifications. (c) Certificates are not transferable. In the event of a change in ownership of an entity which reclaims refrigerant, the new owner of the entity must certify with the Administrator within 30 days of the change that they will meet the reclaimer certification requirements. In the event of a change in business management, location, or contact information, the owner of the entity must notify EPA within 30 days of the change at the address in § 82.160(a). (d) Recordkeeping and reporting. (2) Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation. Such records must be maintained on a transactional basis for three years. (3) Reclaimers must report to the Administrator annually by February 1 of the next calendar year the total annual quantity of material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation, the total annual mass of each refrigerant reclaimed, and the total annual mass of waste products. (e) Failure to abide by any of the provisions of this subpart may result in revocation or suspension of the certification of the reclaimer in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. [81 FR 82364, Nov. 18, 2016] § 82.166 Reporting and recordkeeping requirements for leak repair. This section contains leak repair reporting and recordkeeping requirements that apply to owners and operators of appliances containing 50 or more pounds of class I or class II refrigerants until January 1, 2019. Starting January 1, 2019, the recordkeeping and reporting requirements in the leak repair provisions in § 82.157(l) and (m) apply to owners and operators of appliances containing 50 or more pounds of class I or class II refrigerants or non-exempt substitutes. (a)-(i) [Reserved] (j) Persons servicing appliances normally containing 50 or more pounds of refrigerant must provide the owner/operator of such appliances with an invoice or other documentation, which indicates the amount of refrigerant added to the appliance. (k) Owners/operators of appliances normally containing 50 or more pounds of refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added. The owner/operator must keep records of refrigerant purchased and added to such appliances in cases where owners add their own refrigerant. Such records should indicate the date(s) when refrigerant is added. (l) [Reserved] (m) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. (n) The owners or operators of appliances must maintain on-site and report to EPA Headquarters at the address listed in § 82.160 the information specified in paragraphs (n)(1), (n)(2), and (n)(3) of this section, within the timelines specified under § 82.156 (i)(1), (i)(2), (i)(3) and (i)(5) where such reporting or recordkeeping is required. This information must be relevant to the affected appliance. (1) An initial report to EPA under § 82.156(i)(1)(i), (i)(2), or (i)(5)(i) regarding why more than 30 days are needed to complete repairs must include: Identification of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable leak rate was discovered; the location of leak(s) to the extent determined to date; any repair work that has been completed thus far and the date that work was completed; the reasons why more than 30 days are needed to complete the work and an estimate of when the work will be completed. If changes from the original estimate of when work will be completed result in extending the completion date from the date submitted to EPA, the reasons for these changes must be documented and submitted to EPA within 30 days of discovering the need for such a change. (2) If the owners or operators intend to establish that the appliance's leak rate does not exceed the applicable allowable leak rate in accordance with § 82.156(i)(3)(v), the owner or operator must submit a plan to fix other outstanding leaks for which repairs are planned but not yet completed to achieve a rate below the applicable allowable leak rate. A plan to fix other outstanding leaks in accordance with § 82.156(i)(3)(v) must include the following information: The identification of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable allowable leak rate was discovered; the location of leak(s) to the extent determined to date; and any repair work that has been completed thus far, including the date that work was completed. Upon completion of the repair efforts described in the plan, a second report must be submitted that includes the date the owner or operator submitted the initial report concerning the need for additional time beyond the 30 days and notification of the owner or operator's determination that the leak rate no longer exceeds the applicable allowable leak rate. This second report must be submitted within 30 days of determining that the leak rate no longer exceeds the applicable allowable leak rate. (3) Owners or operators must maintain records of the dates, types, and results of all initial and follow-up verification tests performed under § 82.156(i)(3). Owners or operators must submit this information to EPA within 30 days after conducting each test only where required under § 82.156 (i)(1), (i)(2), (i)(3) and (i)(5). These reports must also include: Identification and physical address of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable allowable leak rate was discovered; the location of leak(s) to the extent determined to date; and any repair work that has been completed thus far and the date that work was completed. Submitted reports must be dated and include the name of the owner or operator of the appliance, and must be signed by an authorized company official. (o) The owners or operators of appliances must maintain on-site and report to EPA at the address specified in § 82.160 the following information where such reporting and recordkeeping is required and in the timelines specified in § 82.156 (i)(7) and (i)(8), in accordance with § 82.156 (i)(7) and (i)(8). This information must be relevant to the affected appliance and must include: (1) The identification of the industrial process facility; (2) The leak rate; (3) The method used to determine the leak rate and full charge; (4) The date a leak rate above the applicable allowable rate was discovered. (5) The location of leaks(s) to the extent determined to date; (6) Any repair work that has been completed thus far and the date that work was completed; (7) A plan to complete the retrofit or retirement of the system; (8) The reasons why more than one year is necessary to retrofit or retire the system; (9) The date of notification to EPA; and (10) An estimate of when retrofit or retirement work will be completed. If the estimated date of completion changes from the original estimate and results in extending the date of completion, the owner or operator must submit to EPA the new estimated date of completion and documentation of the reason for the change within 30 days of discovering the need for the change, and must retain a dated copy of this submission. (p)(1) Owners or operators who wish to exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records on-site to support the amount of refrigerant claimed as sent for destruction. Records shall be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records shall include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. (2) Owners or operators who wish to exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain on-site and make available to EPA upon request the following information after the first time the exclusion is utilized by the facility: (i) The identification of the facility and a contact person, including the address and telephone number; (ii) A general description of the refrigerant appliance, focusing on aspects of the appliance relevant to the purging of refrigerant and subsequent destruction; (iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located; (iv) The frequency of monitoring and data-recording; and (v) A description of the control device, and its destruction efficiency. This information must also be included, where applicable, in any reporting requirements required for compliance with the leak repair and retrofit requirements for industrial process refrigeration equipment, as set forth in paragraphs (n) and (o) of this section. (q) Owners or operators choosing to determine the full charge as defined in § 82.156(j) of an affected appliance by using an established range or using that methodology in combination with other methods for determining the full charge as defined in § 82.156(j) must maintain the following information: (1) The identification of the owner or operator of the appliance; (2) The location of the appliance; (3) The original range for the full charge of the appliance, its midpoint, and how the range was determined; (4) Any and all revisions of the full charge range and how they were determined; and (5) The dates such revisions occurred. [58 FR 28712, May 14, 1993, as amended at 59 FR 42957, Aug. 19, 1994; 60 FR 40443, Aug. 8, 1995; 69 FR 11981, Mar. 12, 2004; 70 FR 1992, Jan. 11, 2005; 79 FR 64290, Oct. 28, 2014; 81 FR 82364, Nov. 18, 2016] § 82.168 Incorporation by Reference. (a) Certain material is incorporated by reference into this subpart part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the sources listed below. You may inspect a copy of the approved material at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html (b) Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201, www.ahrinet.org (1) AHRI Standard 110-2016, 2016 Standard for Air-Conditioning, Heating and Refrigerating Equipment Nameplate Voltages (2) 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014 Normative (3) 2008 Appendix D to AHRI Standard 700-2014, 2012 Appendix D for Gas Chromatograms for AHRI Standard 700-2014—Informative (c) American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., (ASHRAE), 1791 Tullie Circle NE., Atlanta, GA 30329, U.S.A. (1) ANSI/ASHRAE Standard 63.2-1996 (RA 2010), Method of Testing Liquid-Line Filter Drier Filtration Capability, (d) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, www.astm.org (1) ASTM D1296-01 (Reapproved 2012), Standard Test Method for Odor of Volatile Solvents and Diluents (2) [Reserved] (e) Gas Processors Association, 6526 East 60th Street, Tulsa, Oklahoma 74145. (1) GPA Standard STD-2177-13, Analysis of Natural Gas Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography (2) [Reserved] (f) General Services Administration, 301 7th St. SW., Washington, DC 20410. (1) BB-F-1421B, Federal Specification for “Fluorocarbon Refrigerants,” dated March 5, 1982, IBR approved for Appendix A to subpart F. (2) [Reserved] (g) International Electrotechnical Commission (IEC), 3, rue de Varembé, P.O. Box 131. CH-1211 Geneva 20—Switzerland, 41 22 919 02 11, http://www.iec.ch (1) IEC 60038, IEC Standard Voltages (2) [Reserved] (h) Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, IL 60062, 847-272-8800, http://www.ul.com (1) UL 1963, Standard for Safety Requirements for Refrigerant Recovery/Recycling Equipment (2) [Reserved] [81 FR 82364, Nov. 18, 2016] § 82.169 Suspension and revocation procedures. (a) Failure to abide by any of the provisions of this subpart may result in the revocation or suspension of the approval to certify technicians (under § 82.161), approval to act as a recovery/recycling equipment testing organization (under § 82.160), or reclaimer certification (under § 82.164), hereafter referred to as the “organization.” In such cases, the Administrator or her or his designated representative shall give notice of an impending suspension to the person or organization setting forth the facts or conduct that provide the basis for the revocation or suspension. (b) Any organization that has received notice of an impending suspension or revocation may choose to request a hearing and must file that request in writing within 30 days of the date of the Agency's notice at the address listed in § 82.160 and shall set forth their objections to the revocation or suspension and data to support the objections. (c) If the Agency does not receive a written request for a hearing within 30 days of the date of the Agency's notice, the revocation will become effective upon the date specified in the notice of an impending suspension. (d) If after review of the request and supporting data, the Administrator or her or his designated representative finds that the request raises a substantial factual issue, she or he shall provide the organization with a hearing. (e) After granting a request for a hearing the Administrator or her or his designated representative shall designate a Presiding Officer for the hearing. (f) The hearing shall be held as soon as practicable at a time and place determined by the Administrator, the designated representative, or the Presiding Officer. (g) The Administrator or her or his designated representative may, at his or her discretion, direct that all argument and presentation of evidence be concluded within a specified period established by the Administrator or her or his designated representative. Said period may be no less than 30 days from the date that the first written offer of a hearing is made to the applicant. To expedite proceedings, the Administrator or her or his designated representative may direct that the decision of the Presiding Officer (who need not be the Administrator) shall be the final EPA decision. (h) Upon appointment pursuant to paragraph (e) of this section, the Presiding Officer will establish a hearing file. The file shall consist of the following: (1) The notice issued by the Administrator under § 82.169(a); (2) the request for a hearing and the supporting data submitted therewith; (3) all documents relating to the request for certification and all documents submitted therewith; and (4) correspondence and other data material to the hearing. (i) The hearing file will be available for inspection by the petitioner at the office of the Presiding Officer. (j) An applicant may appear in person or may be represented by counsel or by any other duly authorized representative. (k) The Presiding Officer, upon the request of any party or at his or her discretion, may arrange for a pre-hearing conference at a time and place he or she specifies. Such pre-hearing conferences will consider the following: (1) Simplification of the issues; (2) Stipulations, admissions of fact, and the introduction of documents; (3) Limitation of the number of expert witnesses; (4) Possibility of agreement disposing of any or all of the issues in dispute; and (5) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties. (l) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record. (m) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial, and repetitious evidence. (n) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of 18 U.S.C. 1001, which imposes penalties for knowingly making false statements or representations or using false documents in any matter within the jurisdiction of any department or agency of the United States. (o) Any witness may be examined or cross-examined by the Presiding Officer, the parties, or their representatives. (p) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the petitioner from the reporter. (q) All written statements, charts, tabulations, and similar data offered in evidence at the hearings shall, upon a showing satisfactory to the Presiding Officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record. (r) Oral argument may be permitted at the discretion of the Presiding Officer and shall be reported as part of the record unless otherwise ordered by the Presiding Officer. (s) The Presiding Officer shall make an initial decision that shall include written findings and conclusions and the reasons or basis regarding all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings, unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed. (t) On appeal from or review of the initial decision, the Administrator or her or his designated representative shall have all the powers which he or she would have in making the initial decision, including the discretion to require or allow briefs, oral argument, the taking of additional evidence, or a remand to the Presiding Officer for additional proceedings. The decision by the Administrator or her or his designated representative shall include written findings and conclusions and the reasons or basis therefore on all the material issues of fact, law, or discretion presented on the appeal or considered in the review. [68 FR 43809, July 24, 2003] Appendix A to Subpart F of Part 82—Specifications for Refrigerants This appendix is based on the Air-Conditioning, Heating, and Refrigeration Institute Standard 700-2016, Specifications for Refrigerants. Section 1. Purpose 1.1 Purpose. i.e. 1.1.1 Intent. 1.1.2 Review and Amendment. Section 2. Scope 2.1 Scope. 2.1.1 Single-Component Fluorocarbon Refrigerants: R-11, R-12, R-13, R-22, R-23, R-32, R-113, R-114, R-115, R-116, R-123, R-124, R-125, R-134a, R-141b, R-142b, R-143a, R-152a, R-218, R-227ea, R-236fa, R-245fa, R-1233zd(E), R-1234yf, R-1234ze(E); 2.1.2 Single Component Hydrocarbon Refrigerants: R-50, R-170, R-E170, R-290, R-600, R-600a, R-601, R-601a, R-610, R-1150, R-1270; 2.1.3 Carbon Dioxide Refrigerant: R-744; 2.1.4 Zeotropic Blend Refrigerants: R-401A, R-401B, R-402A, R-402B, R-403A, R-403B, R-404A, R-405A, R-406A, R-407A, R-407B, R-407C, R-407D, R-407E, R-407F, R-408A, R-409A, R-409B, R-410A, R-410B, R-411A, R-411B, R-412A, R-413A, R-414A, R-414B, R-415A, R-415B, R-416A, R-417A, R-417B, R-417C, R-418A, R-419A, R-419B, R-420A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-422E, R-423A, R-424A, R-425A, R-426A, R-427A, R-428A, R-429A, R-430A, R-431A, R-434A, R-435A, R-437A, R-438A, R-439A, R-440A, R-442A, R-444A, R-444B, R-445A, R-446A, R-447A, R-448A, R-449A, R-450A; 2.1.5 Zeotropic Hydrocarbon Blend Refrigerants: R-432A, R-433A, R-433B, R-433C, R-436A, R-436B, R-441A, R-443A; and 2.1.6 Azeotropic Blend Refrigerants: R-500, R-502, R-503, R-507A, R-508A, R-508B, R-509A, R-510A, R-511A, and R-512A. Section 3. Definitions 3.1 Definitions. 3.2 Shall, Should, Recommended, It Is Recommended 3.2.1 Shall. 3.2.2 Should, Recommended, It is Recommended Section 4. Characterization of Refrigerants and Contaminants 4.1 Characterization. 4.1.1 Isomer content (see Table 1A) 4.1.2 Air and other non-condensables (see Tables 1A, 2A, 3) 4.1.3 Water (see Tables 1A, 2A, 3) 4.1.4 All other volatile impurities (see Tables 1A, 2A, 3) 4.1.5 High boiling residue (see Tables 1A, 2A, 3) 4.1.6 Halogenated unsaturated volatile impurities (see Table 1A) 4.1.7 Particulates/solids (see Tables 1A, 2A, 3) 4.1.8 Acidity (see Tables 1A, 2A, 3) 4.1.9 Chloride (see Tables 1A, 2A, 3) 4.2 Hydrocarbon Characterization. Characterization of hydrocarbon refrigerants (Tables 1B and 2B) and contaminants are listed in the following general classifications: 4.2.1 Nominal composition 4.2.2 Other allowable impurities 4.2.3 Air and other non-condensables 4.2.4 Sulfur odor 4.2.5 High boiling residue 4.2.6 Particulates/solids 4.2.7 Acidity 4.2.8 Water 4.2.9 All other volatile impurities 4.2.10 Total C3, C4, and C5 polyolefins 4.3 Carbon Dioxide Characterization. 4.3.1 Purity 4.3.2 Air and other non-condensables 4.3.3 Water 4.3.4 High boiling residue 4.3.5 Particulates/solids Section 5. Sampling and Summary of Test Procedures 5.1 Referee Test. 2008 Appendix C to AHRI Standard 700-2014 5.2 Refrigerant Sampling 5.2.1 Sampling Precautions. Note: 5.2.2 Cylinder Preparation. 5.2.3 Vapor Phase Sampling. 5.2.3.1 Special Handling for Low Critical Temperature Refrigerant. 5.2.3.2 Handling for Liquid Refrigerants with Boiling Points Near or Above Room Temperature. Note: 5.2.4 Liquid Phase Sampling. 5.2.4.1 Liquid Sampling. Note: Note: 5.2.4.2 Special Handling for Low Critical Temperature Refrigerant. Note: 5.2.4.3 Record Weight. 5.3 Refrigerant Identification. 2008 Appendix C to AHRI Standard 700-2014 2012 Appendix D to AHRI Standard 700-2014 5.3.2 Alternative Method. 5.3.3 Required Values. Physical Properties of Single Component Refrigerants Physical Properties of Zeotropic Blends (400 Series Refrigerants) Physical Properties of Azeotropic Blends (500 Series Refrigerants). 5.4 Water Content. 5.4.1 Method. 2008 Appendix C to AHRI Standard 700-2014 5.4.2 Limits. 5.5 Conductivity. 5.5.1 Method. 5.5.2 Limits. 5.6 Chloride. 5.6.1 Method. 2008 Appendix C to AHRI Standard 700-2014 5.5.2 Limits. 5.7 Acidity. 5.7.1 Method. 2008 Appendix C to AHRI Standard 700-2014 5.7.2 Limits. 5.8 High Boiling Residue. 5.8.1 Method. 2008 Appendix C to AHRI Standard 700-2014 5.8.2 Limits. 5.9 Particulates and Solids. 5.9.1 Method. 2008 Appendix C to AHRI Standard 700-2014 Note: 5.9.2 Limits. 5.10 Non-Condensables. 5.10.1 Method. The test method shall be gas chromatography with a thermal conductivity detector as described in 2008 Appendix C to AHRI Standard 700-2014 5.10.2 Limits. 5.11 All Other Volatile Impurities and/or Other Refrigerants. 5.11.1 Method. 2008 Appendix C to AHRI Standard 700-2014 5.11.2 Limits. 5.12 Total C 3 , C 4 and C 5 Polyolefins in Hydrocarbon Refrigerants. 5.12.1 Method. 5.12.2 Limits. 5.13 Sulfur Odor in Hydrocarbon Refrigerants. 5.13.1 Method. 5.13.2 Limits. Section 6. Reporting Procedure 6.1 Reporting Procedure. Section 7.0 References—Normative Listed here are all standards, handbooks, and other publications essential to the formation and implementation of the standard. All references in this appendix are considered as part of this standard. ANSI/ASHRAE Standard 34-2013, Designation and Safety Classification of Refrigerants, 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014—Normative, ASTM D1296-01 (Reapproved 2012), Standard Test Method for Odor of Volatile Solvents and Diluents, BB-F-1421B, Federal Specification for “Fluorocarbon Refrigerants,” dated March 5, 1982, (incorporated by reference, see § 82.168). GPA Standard 2177-13, Analysis of Natural Gas Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography, Revised, REFPROP Reference Fluid Thermodynamic and Transport Properties NIST Standard Reference Database 23 version 9.1, Section 8.0 References—Informative Listed here are standards, handbooks, and other publications which may provide useful information and background but are not considered essential. 2012 Appendix D to AHRI Standard 700-2014, 2012 Appendix D for Gas Chromatograms for AHRI Standard 700-2014—Informative, [81 FR 82365, Nov. 18, 2016] Appendix A1 to Subpart F of Part 82—Generic Maximum Contaminant Levels Contaminant Reporting units Air and Other Non-condensables 1.5% by volume @ 25 °C (N/A for refrigerants used in low-pressure appliances 1 Water 10 ppm by weight 20 ppm by weight (for refrigerants used in low-pressure appliances 1 Other Impurities Including Refrigerant 0.50% by weight. High boiling residue 0.01% by volume. Particulates/solids visually clean to pass. Acidity 1.0 ppm by weight. Chlorides (chloride level for pass/fail is 3ppm) No visible turbidity. 1 Blend Compositions (Where Applicable) Nominal Allowable Component constitutes 25% or more ±2.0 Component constitutes less than 25% but greater than 10% ±1.0 Component constitutes less than or equal to 10% ±0.5 [69 FR 11988, Mar. 12, 2004] Appendix B1 to Subpart F of Part 82—Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment This appendix is based on the Air-Conditioning and Refrigeration Institute Standard 740-1993. Refrigerant Recovery/Recycling Equipment Section 1. Purpose 1.1 Purpose. 1.1.1 This standard is intended for the guidance of the industry, including manufacturers, refrigerant reclaimers, repackers, distributors, installers, servicemen, contractors and for consumers. 1.1.2 This standard is not intended to be used as a guide in defining maximum levels of contaminants in recycled or reclaimed refrigerants used in various applications. 1.2 Review and Amendment. Section 2. Scope 2.1 Scope. Section 3. Definitions 3.1 Recovered refrigerant. 3.2 Recover. Reference 40 CFR 82.152. 3.3 Recycle. Reference 40 CFR 82.152. 3.4 Reclaim. Reference 40 CFR 82.152. 3.5 Standard Contaminated Refrigerant Sample. 3.6 Push/Pull Method. 3.7 Recycle Rate. 3.8 Equipment Classification. 3.8.1 Self Contained Equipment. 3.8.2 System Dependent Equipment. 3.9 “Shall”, “Should”, “Recommended” “It is Recommended”, 3.9.1 Shall. 3.9.2 Should, Recommended, It is Recommended, Section 4. General Equipment Requirements 4.1 The equipment manufacturer shall provide operating instructions, necessary maintenance procedures, and source information for replacement parts and repair. 4.2 The equipment shall indicate when any filter/drier(s) needs replacement. This requirement can be met by use of a moisture transducer and indicator light, by use of a sight glass/moisture indicator, or by some measurement of the amount of refrigerant processed such as a flow meter or hour meter. Written instructions such as “to change the filter every 400 pounds, or every 30 days” shall not be acceptable except for equipment in large systems where the Liquid Recovery Rate is greater than 25 lbs/min [11.3 Kg/min] where the filter/drier(s) would be changed for every job. 4.3 The equipment shall either automatically purge non-condensables if the rated level is exceeded or alert the operator that the non-condensable level has been exceeded. While air purge processes are subject to the requirements of this section, there is no specific requirement to include an air purge process for “recycle” equipment. 4.4 The equipment's refrigerant loss due to non-condensable purging shall not be exceeded 5% by weight of total recovered refrigerant. (See Section 9.4) 4.5 Internal hose assemblies shall not exceed a permeation rate of 12 pounds mass per square foot [5.8 g/cm 2 4.6 The equipment shall be evaluated at 75 F [24 °C] per 7.1. Normal operating conditions range from 50 °F to 104 F [10 °C to 40 °C]. 4.7 Exemptions: 4.7.1 Equpment intended for recovery only shall be exempt from sections 4.2 and 4.3. Table 1—Standard Contaminated Refrigerant Samples R11 R12 R13 R22 R113 R114 R123 R134a R500 R502 R503 Moisture content: PPM by weight of pure refrigerant 100 80 30 200 100 85 100 200 200 200 30 Particulate content: PPM by weight of pure refrigerant characterized by 1 80 80 80 80 80 80 80 80 80 80 80 Acid content: PPM by weight of pure refrigerant—(mg KOH per kg refrig.) characterized by 2 500 100 NA 500 400 200 500 100 100 100 NA Mineral oil content: % by weight of pure refrigerant 20 5 NA 5 20 20 20 5 5 5 NA Viscosity (SUS) 300 150 300 300 300 300 150 150 150 Non condensable gases air content % volume 3 NA 3 3 3 NA 3 3 3 3 3 3 1 ASHRAE 2 3 Section 5. Contaminated Refrigerants 5.1 The standard contaminated refrigerant sample shall have the characteristics specified in Table 1, except as provided in 5.2 5.2 Recovery equipment not rated for any specific contaminant can be tested with new or reclaimed refrigerant. Section 6. Test Apparatus 6.1 Self Contained Equipment Test Apparatus. The apparatus as shown in Figure 1 consists of a 3 cubic foot [0.085 m 3 6.1.1 For liquid refrigerant feed, the liquid valve is opened. For vapor refrigerant feed, the vapor valve is opened and refrigerant passes through an evaporator coil. Flow is controlled by a thermostatic expansion valve to create 5 F [3 °C] superheat at an evaporator temperature of 70 F ±3 F[21 °C±2°]. The evaporator coil or equivalent evaporator means shall be either sized large enough for the largest system or be sized for each system. 6.1.2 An alternative method for vapor refrigerant feed is to pass through a boiler and then an automatic pressure regulating valve set at refrigerant saturation pressure at 75 F ±3 F [24 °C ±2 °C]. 6.2 System Dependent Equipment Test Apparatus. This test apparatus is to be used for final recovery vacuum rating of all system dependent equipment. 6.2.1 The test apparatus shown in Figure 2 consists of a complete refrigeration system. The manufacturer shall identify the refrigerants to be tested. The test apparatus can be modified to facilitate operation or testing of the system dependent equipment if the modifications to the apparatus are specifically described within the manufacturer's literature. ( See Figure 2. 1/4 1/4 Section 7. Performance Testing 7.1 Contaminant removal and performance testing shall be conducted at 75 F ±2 F [23.9 °C ±1.1 °C]. 7.1.1 The equipment shall be prepared for operation per the instruction manual. 7.1.2 The contaminated sample batch shall consist of not less than the sum of the amounts required to complete steps 7.1.2.2 and 7.1.2.3 below. 7.1.2.1 A liquid sample shall be drawn from the mixing chamber prior to starting the test to assure quality control of the mixing process. 7.1.2.2 Vapor refrigerant feed testing, if elected, shall normally be processed first. After the equipment reaches stabilized conditions of condensing temperature and/or storage tank pressure, the vapor feed recovery rate shall be measured. One method is to start measuring the vapor refrigerant recovery rate when 85% of refrigerant remains in the mixing chamber and continue for a period of time sufficient to achieve the accuracy in 9.2. If liquid feed is not elected, complete Step 7.1.2.4. 7.1.2.3 Liquid refrigerant feed testing, if elected, shall be processed next. After the equipment reaches stabilized conditions, the liquid feed recovery rate shall be measured. One method is to wait 2 minutes after starting liquid feed and then measure the liquid refrigerant recovery rate for a period of time sufficient to achieve the accuracy in 9.1. Continue liquid recovery operation as called for in 7.1.2.4. 7.1.2.4 Continue recovery operation until all liquid is removed from the mixing chamber and vapor is removed to the point where the equipment shuts down per automatic means or is manually stopped per the operating instructions. 7.1.2.5 After collecting the first contaminated refrigerant sample batch, the liquid and vapor value of the apparatus shall be closed and the mixing chamber pressure recorded after 1 minute as required in 9.5. After preparing a second contaminated refrigerant sample batch, continue recovery until the storage container reaches 80% liquid fill level. After recycling and measuring the recycle rate per section 7.1.3, set this container aside for the vapor sample in 8.2.2. 7.1.2.6 Interruptions in equipment operations as called for in instruction manual are allowable. 7.1.3 Recycle as called for in equipment operating instructions. Determine recycle rate by appropriate means as required in 9.3. 7.1.4 Repeat steps 7.1.2, 7.1.2.4, and 7.1.3 with contaminated refrigerant sample until equipment indicator(s) show need to change filter(s). It will not be necessary to repeat the recycle rate determination in 7.1.3. 7.1.4.1 For equipment with a multiple pass recirculating filter system, analyze the contents of the previous storage container. 7.1.4.2 For equipment with a single pass filter system, analyze the contents of the current storage container. 7.1.5 Refrigerant loss due to the equipment's non-condensable gas purge shall be determined by appropriate means. (See Section 9.4.) 7.2 System Dependent Equipment. This procedure shall be used for vacuum rating of all system dependent equipment. Liquid refrigerant recovery rate, vapor refrigerant recovery rate, and recycle rate are not tested on system dependent systems. 7.2.1 The apparatus operation and testing shall be conducted at 75 F ±2 F. [23.9 °C. ±/1.1. °C.]. 7.2.2 The apparatus shall be charged with refrigerant per its system design specifications. 7.2.3 For measurement of final recovery vacuum as required in 9.5, first shut the balance line isolation valve and wait 1 minute for pressure to balance. Then connect and operate the recovery system per manufacturers recommendations. When the evacuation is completed, open the balance line isolation valve and measure the pressure in the balance line. Section 8. Sampling and Chemical Analysis Methods 8.1 The referee test methods for the various contaminants are summarized in the following paragraphs. Detailed test procedures are included in Appendix A “Test Procedures for ARI STD 700.” If alternate test methods are employed, the user must be able to demonstrate that they produce results equivalent to the specified referee method. 8.2 Refrigerant Sampling. 8.2.1 Sampling Precautions. 8.2.2 Gas Phase Sample. 8.2.2.1 The sample cylinder shall be connected to an evacuated gas sampling bulb by means of a manifold. The manifold should have a valve arrangement that facilitates evacuation of all connecting tubing leading to the sampling bulb. 8.2.2.2 After the manifold has been evacuated, close the valve to the pump and open the valve on the system. Allow the pressure to equilibrate and close valves. 8.2.3 Liquid Phase Sample. 8.2.3.1 Place an empty sample cylinder with the valve open in an oven at 230 F [110 °C] for one hour. Remove it from the oven while hot, immediately connect to an evacuation system and evacuate to less than 1mm. mercury (1000 microns). Close the valve and allow it to cool. 8.2.3.2 The valve and lines from the unit to be sampled shall be clean and dry. Connect the line to the sample cylinder loosely. Purge through the loose connection. Make the connection tight at the end of the purge period. Take the sample as a liquid by chilling the sample cylinder slightly. Accurate analysis requires that the sample container be filled to at least 60% by volume; however under no circumstances should the cylinder be filled to more than 80% by volume. This can be accomplished by weighing the empty cylinder and then the cylinder with refrigerant. When the desired amount of refrigerant has been collected, close the valve(s) and disconnect the sample cylinder immediately. 8.2.3.3 Check the sample cylinder for leaks and record the gross weight. 8.3 Water Content. 8.3.1. The Coulometric Karl Fischer Titration shall be the primary test method for determining the water content of refrigerants. This method is described in Appendix A. This method can be used for refrigerants that are either a liquid or a gas at room temperature, including Refrigerants 11 and 13. For all refrigerants, the sample for water analysis shall be taken from the liquid phase of the container to be tested. Proper operation of the analytical method requires special equipment and an experienced operator. The precision of the results is excellent if proper sampling and handling procedures are followed. Refrigerants containing a colored dye can be successfully analyzed for water using this method. 8.3.2 The Karl Fischer Test Method is an acceptable alternative test method for determining the water content of refrigerants. This method is described in ASTM Standard for “Water in gases Using Karl Fisher Reagent” E700-79, reapproved 1984 (American Society for Testing and Materials, Philadelphia, PA). 8.3.3 Report the moisture level in parts per million by weight if a sample is required. 8.4 Chloride. 8.4.1 The test method shall be that described in Appendix A “Test Procedures for ARI-700.” The test will show noticeable turbidity at equivalent chloride levels of about 3 ppm by weight or higher. 8.4.2 The results of the test shall not exhibit any sign of turbity. Report results as “pass” or “fail.” 8.5 Acidity. 8.5.1 The acidity test uses the titration principle to detect any compound that is highly soluble in water and ionizes as an acid. The test method shall be that described in Appendix A. “Test Procedures for ARI-700.” The test may not be suitable for determination of high molecular weight organic acids; however these acids will be found in the high boiling residue test outlined in Section 5.7. The test requires about a 100 to 120 gram sample and has a low detection limit of 0.1 ppm by weight as HC1. 8.6 High Boiling Residue. 8.6.1 High boiling residue will be determined by measuring the residue of a standard volume of refrigerant after evaporation. The refrigerant sample shall be evaporated at room temperature or a temperature 50 F [10°.0C], above the boiling point of the sample using a Goetz tube as specified in Appendix A “Test Procedures for ARI-700.” Oils and or organic acids will be captured by this method. 8.6.2 The value for high boiling residue shall be expressed as a percentage by volume. 8.7 Particulates/Solids. 8.7.1 A measured amount of sample is evaporated from a Goetz bulb under controlled temperature conditions. The particulates/solids shall be determined by visual examination of the empty Goetz bulb after the sample has evaporated completely. Presence of dirt, rust or other particulate contamination is reported a “fail.” For details of this test method, refer to Appendix B “Test Procedures for ARI-700.” 8.8 Non-Condensables 8.8.1 A vapor phase sample shall be used for determination of non-condensables. Non-condensable gases consist primarily of air accumulated in the vapor phase of refrigerant containing tanks. The solubility of air in the refrigerants liquid phase is extremely low and air is not significant as a liquid phase contaminant. The presence of non-condensable gases may reflect poor quality control in transferring refrigerants to storage tanks and cylinders. 8.8.2 The test method shall be gas chromatography with a thermal conductivity detector as described in Appendix A “Test Procedures for ARI-700.” 8.8.2.1 The Federal Specification for “Fluorocarbon Refrigerants,” BB-F-1421B, dated March 5, 1992, section 4.4.2 (perchloroethylene method) is an acceptable alternate test method. 8.8.3 Report the level of non-condensable as percent by volume. Section 9. Performance Calculation and Rating 9.1 The liquid refrigerant recovery rate shall be expressed in pounds per minute [kg/min] and measured by weight change at the mixing chamber (See Figure 1) divided by elapsed time to an accuracy within .02 lbs/min. [.009 kg/min]. Ratings using the Push/Pull method shall be identified “Push/Pull”. Equipment may be rated by both methods. 9.2 The vapor refrigerant recovery rate shall be expressed in pounds per minute [kg/min] and measured by weight change at the mixing chamber (See Figure 1) divided by elapsed time to an accuracy within .02 lbs/min. [.0.009 kg/min]. 9.3 The recycle rate is defined in 3.7 and expressed in pounds per minute [kg/min] of flow and shall be per ASHRAE 41.7-84 “Procedure For Fluid Measurement Of Gases” or ASHRAE 41.8-89 “Standard Method of Flow of Fluids—Liquids.” 9.3.1 For equipment using multipass recycling or a separate sequence, the recycle rate shall be determined by dividing the net weight W of the refrigerant to be recycled by the actual time T required to recycle the refrigerant. Any set-up or operator interruptions shall not be included in the time T. The accuracy of the recycle rate shall be within .02 lbs/min. [.009 kg/min]. 9.3.2 If no separate recycling sequence is used, the recycle rate shall be the higher of the vapor refrigerant recovery rate or the liquid refrigerant recovery rate. The recycle rate shall match a process which leads to contaminant levels in 9.6. Specifically, a recovery rate determined from bypassing a contaminant removal device cannot be used as a recycle rate when the contaminant levels in 9.6 are determined by passing the refrigerant through the containment removal device. 9.4 Refrigerant loss due to non-condensable purging shall be less than 5%. This rating shall be expressed as “passed” if less than 5%. This calculation will be based upon net loss of non-condensables and refrigerant due to the purge divided by the initial net content. The net loss shall be determined by weighing before and after the purge, by collecting purged gases, or an equivalent method. 9.5 The final recovery vacuum shall be the mixing chamber pressure called for in 7.1.2.5 expressed in inches of mercury vacuum, [mm Hg or kP]. The accuracy of the measurement shall be within ±.1 inch [±2.5mm] of Hg and rounding down to the nearest whole number. 9.6 The contaminant levels remaining after testing shall be published as follows: Moisture content, PPM by weight Chloride ions, Pass/Fail Acidity, PPM by weight High boiling residue, percentage by volume Particulate/solid, Pass/Fail Non-condensables, % by volume 9.7 Product Literature: Except as provided under product labelling in Section 11. performance ratings per 9.1, 9.2, 9.3, and 9.5 must be grouped together and shown for all listed refrigerants (11.2) subject to limitations of 9.8. Wherever any contaminant levels per 9.6 are rated, all ratings in 9.6 must be shown for all listed refrigerants subject to limitations of 9.8. The type of equipment in 11.1 must be included with either grouping. Optional ratings in 9.8 need not be shown. 9.8 Ratings shall include all of the parameters for each designed refrigerant in 11.2 as shown in Tables 2 and 3. Table 2—Performance Parameter/type of equipment Recovery Recovery/ recycle Recycle System dependent equipment Liquid refrigerant recovery rate ( 2 ( 2 N/A N/A Vapor refrigerant recovery rate ( 2 ( 2 N/A N/A Final recovery vacuum ( 1 ( 1 N/A ( 1 Recycle rate N/A ( 1 ( 1 N/A Refrigerant loss due to non-condensable purging ( 3 ( 1 ( 1 N/A 1 2 3 Table 3—Contaminants Contaminant/type of equipment Recovery Recovery/recycle Recycle System dependent equipment Moisture content (*) x x NA. Chloride ions (*) x x NA. Acidity (*) x x NA. High boiling residue (*) x x NA. Particulates (*) x x NA. Non-condensables (*) x x NA. * For Recovery Equipment, these parameters are optional. If not rated, use N/A. x Mandatory rating. Section 10. Tolerances 10.1 Any equipment tested shall produce contaminant levels not higher than the published ratings. The liquid refrigerant recovery rate, vapor refrigerant recovery rate, final recovery vacuum and recycle rate shall not be less than the published ratings. Section 11. Product Labelling 11.1 Type of equipment. 11.1.1 Recovery only 11.1.2 System Dependent Recovery 11.1.3 Recovery/Recycle 11.1.4 Recycle only 11.2 Designated refrigerants and the following as applicable for each: 11.2.1 Liquid Recovery Rate 11.2.2 Vapor Recovery Rate 11.2.3 Final Recovery Vacuum 11.2.4 Recycle Rate 11.3 The nameplate shall also conform to the labeling requirements established for certified recycling and recovery equipment established at 40 CFR 82.158(h). Attachment to Appendix B1 Particulate Used in Standard Contaminated Refrigerant Sample. 1. Particulate Specification 1.1 The particulate material pm will be a blend of 50% coarse air cleaner dust as received, and 50% retained on a 200-mesh screen. The coarse air cleaner dust is available from: AC Spark Plug Division, General Motors Corporation, Flint, Michigan. 1.2 Preparation of Particulate Materials To prepare the blend of contaminant, first wet screen a quantity of coarse air cleaner dust on a 200-mesh screen (particle retention 74 pm). This is done by placing a portion of the dust on a 200-mesh screen and running water through the screen while stirring the dust with the fingers. The fine contaminant particles passing through the screen are discarded. The +200 mesh particles collected on the screen are removed and dried for one hour at 230 F [110 °C]. The blend of standard contaminant is prepared by mixing 50% by weight of coarse air cleaner dust as received after drying for one hour at 230 F [110 °C] with 50% by weight of the +200 mesh screened dust. 1.3 The coarse air cleaner dust as received and the blend used as the standard contaminant have the following approximate particle size analysis: Wt. % in various size ranges, pm. Size range As received Blend 0-5 12 6 5-10 12 6 10-20 14 7 20-40 23 11 40-80 30 32 80-200 9 38 [58 FR 28712, May 14, 1993, as amended at 59 FR 42960, Aug. 19, 1994. Redesignated and amended at 68 FR 43815, July 24, 2003] Appendix B2 to Subpart F of Part 82—Performance of Refrigerant Recovery, Recycling, and/or Reclaim Equipment This appendix is based on the Air-Conditioning and Refrigeration Institute Standard 740-1995. Section 1. Purpose 1.1 Purpose. Section 2. Scope 2.1 Scope. Section 3. Definitions 3.1 Definitions. 3.2 Clearing Refrigerant. 3.3 High Temperature Vapor Recovery Rate. 3.4 Published Ratings. 3.5 Push/Pull Method. 3.6 Recycle Flow Rate. 3.7 Residual Trapped Refrigerant. 3.8 Shall, Should, Recommended It Is Recommended 3.8.1 Shall. 3.8.2 Should, Recommended It Is Recommended 3.9 Standard Contaminated Refrigerant Sample. A mixture of new or reclaimed refrigerant and specified quantities of identified contaminants which constitute the mixture to be processed by the equipment under test. These contaminant levels are expected only from severe service conditions. 3.10 Trapped Refrigerant. 3.11 Vapor Recovery Rate. Section 4. General Equipment Requirements 4.1 Equipment Information. 4.2 Filter Replacement. 4.3 Purge of Non-Condensable. 4.4 Purge Loss. see 4.5 Permeation Rate. 5/8 2 4.6 Clearing Trapped Refrigerant. 4.7 Temperature. 4.8 Exemptions. Section 5. Contaminated Refrigerants 5.1 Sample Characteristics. 5.2 Recovery-Only Testing. Section 6. Test Apparatus 6.1 General Recommendations. 6.2 Self-Contained Equipment Test Apparatus. 6.2.1 Mixing Chamber. 6.2.2 Filling Storage Cylinder. 6.2.3 Vapor Feed. 6.2.4 Alternative Vapor Feed. 6.2.5 Liquid Feed. 6.2.6 Instrumentation. Table 1—Standard Contaminated Refrigerant Samples R11 R12 R13 R22 R113 R114 R123 R134a R500 R502 R503 Moisture Content: ppm by Weight of Pure refrigerant 100 80 30 200 100 85 200 200 200 200 30 Particulate Content: ppm by Weight of Pure Refrigerant Characterized by 1 80 80 NA 80 80 80 80 80 80 80 NA Acid Content: ppm by Weight of Pure Refrigerant—(mg KOH per kg Refrigerant) Characterized by 2 500 100 NA 500 400 200 500 100 100 100 NA Mineral Oil Content: % by Weight of Pure Refrigerant 20 5 NA 5 20 20 20 5 5 5 NA Viscosity (SUS) 300 150 300 300 300 300 150 3 150 150 Non-Condensable Gases (Air Content): % by Volume NA 3 3 3 NA 3 NA 3 3 3 3 1 2 3 6.3 Size. 3 6.4 System Dependent Equipment Test Apparatus. 6.4.1 Test Setup. See Section 7. Performance Testing 7.1 General Testing. 7.1.1 Temperatures. 7.1.2 Refrigerants. see 7.1.3 Selected Tests. see 7.1.4 Hose Assemblies. 7.2 Equipment Preparation and Operation. 7.3 Test Batch. see 7.3.1 Control Test Batch. 7.4 Recovery Tests (Recovery and Recovery/Recycle Equipment). 7.4.1 Determining Recovery Rates. see 7.4.1.1 Liquid Refrigerant Recovery Rate. see see 7.4.1.2 Vapor Refrigerant Recovery Rate. see 7.4.1.3 High Temperature Vapor Recovery Rate. see see 7.4.2 Recovery Operation. see 7.4.2.1 Oil Draining. 7.4.3 Final Recovery Vacuum. see 7.4.4 Residual Refrigerant. see 7.4.4.1 Initial Conditions. 7.4.4.2 Residual Trapped Refrigerant. 7.5 Recycling Tests (Recovery/Recycle Equipment). 7.5.1 Recycling Operation. 7.5.1.1 Recycle Flow Rate. see 7.5.2 Non-Condensable Sample. 7.5.3 Liquid Sample for Analysis. 7.5.3.1 Multiple Pass. see 7.5.3.2 Single Pass. see 7.6 Measuring Refrigerant Loss. see Section 8. Sampling and Chemical Analysis Methods 8.1 Chemical Analysis. 8.2 Refrigerant Sampling. 8.2.1 Water Content. 8.2.2 Chloride Ions. 8.2.3 Acidity. 8.2.4 High Boiling Residue. 8.2.5 Particulates/Solids. 8.2.6 Non-condensables. Section 9. Performance Calculation and Rating 9.1 Vapor Refrigerant Recovery Rate. see 9.1.1 High Temperature Vapor Recovery Rate. 9.2 Liquid Refrigerant Recovery Rate. see 9.3 Recycle Flow Rate. 9.3.1 For equipment using multi-pass recycling or a separate sequence, the recycle rate shall be determined by dividing the net weight W of the refrigerant to be recycled by the actual time T required to recycle. Any set-up or operator interruptions shall not be included in the time T. 9.3.2 If no separate recycling sequence is used, the recycle rate shall be the higher of the vapor refrigerant recovery rate or the liquid refrigerant recovery rate. The recycle rate shall match a process which leads to contaminant levels in 9.9. Specifically, a recovery rate determined from bypassing a contaminant removal device cannot be used as a recycle rate when the contaminant levels in 9.9 are determined by passing the refrigerant through the contaminant removal device. 9.4 Accuracy of Flow Rates. 9.5 Refrigerant Loss. see see see 9.5.1 Non-Condensable Purge. 9.5.2 Oil Draining. 9.5.3 Clearing Unit. 9.6 Final Recovery Vacuum. 9.7 Residual Trapped Refrigerant. 9.8 Quantity Recycled. see 9.9 Contaminant Levels. Moisture content, ppm by weight Chloride ions, pass/fail Acidity, ppm by weight High boiling residue, % (by volume) Particulates-solid, pass/fail (visual examination) Non-condensables, % (by volume) 9.10 Minimum Data Requirements for Published Ratings. Section 10. Tolerances 10.1 Tolerances. Section 11. Marking and Nameplate Data 11.1 Marking and Nameplate Data. Recommended nameplate voltages for 60 Hertz systems shall include one or more of the utilization voltages shown in Table 1 of ARI Standard 110-90. Recommended nameplate voltages for 50 Hertz systems shall include one or more of the utilization voltages shown in Table 1 of IEC Standard Publication 38, IEC Standard Voltages. 11.2 Data for Designated Refrigerants. a. Liquid Recovery Rate b. Vapor Recovery Rate c. High Temperature Vapor Recovery Rate d. Final Recovery Vacuum e. Recycle Flow Rate f. Residual Trapped Refrigerant g. Quantity Recycled Table 2—Performance Parameter/Type of equipment Recovery Recovery/Recycle Recycle System Liquid Refrigerant Recovery Rate ( 1 ( 1 N/A N/A Vapor Refrigerant Recovery Rate ( 1 ( 1 N/A N/A High Temp. Vapor Recovery Rate ( 1 ( 1 N/A N/A Final Recovery Vacuum ( X ( X N/A ( X Recycle Flow Rate N/A ( X ( X N/A Refrigerant Loss ( 3 ( X ( X ( 3 Residual Trapped Refrigerant ( 2 ( 2 ( 2 ( 2 Quantity Recycled N/A ( X ( X N/A X 1 2 3 Note: Table 3—Contaminants Contaminant/Type of equipment Recovery Recovery/Recycle Recycle System Moisture Content (*) ( X ( X N/A Chloride Ions (*) ( X ( X N/A Acidity (*) ( X ( X N/A High Boiling Residue (*) ( X ( X N/A Particulates (*) ( X ( X N/A Non-Condensables (*) ( X ( X N/A * For recovery equipment, these parameters are optional. If not rated, use N/A, “not applicable.” X Attachment 1 to Appendix B2 to Subpart F of Part 82—References Listed here are all standards, handbooks, and other publications essential to the formation and implementation of the standard. All references in this appendix are considered as part of this standard. • ANSI/UL Standard 1963, Refrigerant Recovery/Recycling Equipment, • ARI Standard 110-90, Air-Conditioning and Refrigerating Equipment Nameplate Voltages, • ARI Standard 700-95, Specifications for Fluorocarbon and Other Refrigerants, • ASHRAE Terminology of Heating, Ventilation, Air Conditioning, Refrigeration, & Refrigeration, American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc., 1991 • IEC Standard Publication 38, IEC Standard Voltages, Attachment 2 to Appendix B2 to Subpart F of Part 82-Particulate Used in Standard Contaminated Refrigerant Sample 1. Particulate Specification B1.1 The particulate material (pm) will be a blend of 50% coarse air cleaner dust as received, and 50% retained on a 200-mesh screen. The coarse air cleaner dust is available from: AC Spark Plug Division; General Motors Corporation; Flint, Michigan. B1.2 Preparation of Particulate Materials. To prepare the blend of contaminant, first wet screen a quantity of coarse air cleaner dust on a 200-mesh screen (particle retention 74 pm). This is done by placing a portion of the dust on a 200-mesh screen and running water through the screen while stirring the dust with the fingers. The fine contaminant particles passing through the screen are discarded. The +200-mesh particles collected on the screen are removed and dried for one hour at 110 °C. The blend of standard contaminant is prepared by mixing 50% by weight of coarse air cleaner dust as received (after drying for one hour at 110 °C) with 50% by weight of the +200 mesh screened dust. B1.3 Particle Size Analysis. The coarse air cleaner dust as received and the blend used as the standard contaminant have the following approximate particle size analysis: Wt. % in various size ranges, pm. Size range As received Blend 0-5 12 6 5-10 12 6 10-20 14 7 20-40 23 11 40-80 30 32 80-200 9 38 [68 FR 43815, July 24, 2003; 68 FR 54678, Sept. 18, 2003] Appendix B3 to Subpart F of Part 82—Performance of Refrigerant Recovery, Recycling, and/or Reclaim Equipment This appendix is based on the Air-Conditioning, Heating, and Refrigeration Institute Standard 740-2016, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment. Section 1. Purpose 1.1 The purpose of this standard is to establish methods of testing for rating and evaluating the performance of refrigerant recovery, and/or recycling equipment and general equipment requirements (herein referred to as “equipment”) for contaminant or purity levels, capacity, speed and purge loss to minimize emission into the atmosphere of designated refrigerants. Section 2. Scope 2.1 This standard applies to equipment for recovering and/or recycling single refrigerants, azeotropes, zeotropic blends, and their normal contaminants from refrigerant systems. This standard defines the test apparatus, test gas mixtures, sampling procedures and analytical techniques that will be used to determine the performance of refrigerant recovery and/or recycling equipment (hereinafter, “equipment”). Appendix B4 of this subpart establishes standards for recovery/recycling equipment used with flammable refrigerants. Section 3. Definitions 3.1 Definitions. 3.2 Clearing Refrigerant. 3.3 High Temperature Vapor Recovery Rate. 3.4 Published Ratings. 3.5 Push/Pull Liquid Recovery. 3.6 Recycle Flow Rate. 3.7 Residual Trapped Refrigerant. 3.8 Shall, Should, Recommended It Is Recommended 3.8.1 Shall. 3.8.2 Should, Recommended It Is Recommended 3.9 Standard Contaminated Refrigerant Sample. 3.10 Trapped Refrigerant. 3.11 Vapor Recovery Rate. Section 4. General Equipment Requirements 4.1 Equipment Information. 4.2 Filter Replacement. 4.3 Purge of Non-Condensable. 4.4 Purge Loss. 4.5 Permeation Rate. 5/8 2 4.6 Clearing Trapped Refrigerant. 4.7 Temperature. 4.8 Exemptions. Section 5. Contaminated Refrigerants 5.1 Sample Characteristics. 5.2 Recovery-only Testing. Section 6. Test Apparatus 6.1 General Recommendations. 6.2 Self-Contained Equipment Test Apparatus. 6.2.1 Mixing Chamber. 6.2.2 Filling Storage Cylinder. 6.2.3 Vapor Feed. 6.2.4 Alternative Vapor Feed. 6.2.5 Liquid Feed. 6.2.6 Instrumentation. 6.3 Size. 6.3.1 For equipment utilizing nominal 1/4 3/8 3 1/2 1/4 6.3.2 For equipment utilizing 1/2 3 1/2 3/4 6.4 System Dependent Equipment Test Apparatus. 6.4.1 Test Setup. Section 7. Performance Testing Procedures 7.1 General Testing. 7.1.1 Temperatures. 7.1.2 Refrigerants. 7.1.3 Selected Tests. 7.1.4 Hose Assemblies. 7.2 Equipment Preparation and Operation. 7.3 Test Batch. see 7.3.1 Control Test Batch. 7.4 Recovery Tests (Recovery and Recovery/Recycling Equipment) 7.4.1 Determining Recovery Rates. see 7.4.1.1 Liquid Refrigerant Recovery Rate. see see 7.4.1.2 Vapor Refrigerant Recovery Rate. see 7.4.1.3 High Temperature Vapor Recovery Rate. see 7.4.1.4 Push/Pull Liquid Refrigerant Recovery Rate. 7.4.2 Recovery Operation. see 7.4.2.1 Oil Draining. 7.4.3 Final Recovery Vacuum. see 7.4.4 Residual Refrigerant. see 7.4.4.1 Initial Conditions. 7.4.4.2 Residual Trapped Refrigerant. 7.5 Recycling Tests (Recovery/Recycling Equipment). 7.5.1 Recycling Operation. 7.5.1.1 Recycle Flow Rate. see 7.5.2 Non-Condensable Sample. see 7.5.2.1 Push/Pull Liquid Refrigerant Recovery Rate. see 7.5.3 Liquid Sample for Analysis. 7.5.3.1 Multiple Pass. see 7.5.3.2 Single Pass. see 7.6 Measuring Refrigerant Loss. see Section 8. Sampling and Chemical Analysis Methods 8.1 Chemical Analysis. 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014- Normative 8.2 Refrigerant Sampling. 8.2.1 Moisture Content. 8.2.2 Chloride Ions. 8.2.3 Acid Content. 8.2.4 High Boiling Residue. 8.2.5 Particulates/Solids. 8.2.6 Non-condensables. Section 9. Performance Calculations for Ratings 9.1 Vapor Refrigerant Recovery Rate. see 9.1.1 High Temperature Vapor Recovery Rate. 9.2 Liquid Refrigerant Recovery Rate. see 9.3 Recycle Flow Rate. 9.3.1 For equipment using multi-pass recycling or a separate sequence, the recycle rate shall be determined by dividing the net weight, W, of the refrigerant to be recycled by the actual time T required to recycle. Any set-up or operator interruptions shall not be included in the time T. 9.3.2 If no separate recycling sequence is used, the recycle rate shall be the higher of the vapor refrigerant recovery rate or the liquid refrigerant recovery rate. The recycle rate shall match a process which leads to contaminant levels in Section 9.9. Specifically, a recovery rate determined from bypassing a contaminant removal device cannot be used as a recycle rate when the contaminant levels in Section 9.9 are determined by passing the refrigerant through the contaminant removal device. 9.4 Accuracy of Flow Rates. 9.5 Refrigerant Loss. see see see 9.5.1 Non-Condensable Purge. For units which either recycle or publish (list) non-condensable removal, non-condensable gases are purged, operating the recycle device per the manufacturer's instructions through an evaporator pressure regulator (EPR) valve into a liquid nitrogen-chilled cylinder. This combination will simulate the atmosphere while allowing the capture of purge gases. The cylinder is weighed before and after the purge procedure. 9.5.2 Oil Draining. 9.5.3 Clearing Unit. 9.6 Final Recovery Vacuum. 9.7 Residual Trapped Refrigerant. 9.8 Refrigerant Processed. see 9.9 Contaminant Levels. Moisture content, ppm by weight Chloride ions, pass/fail Acid Content, ppm by weight High boiling residue, percent (by volume) Particulates/solids, pass/fail (visual examination) Non-condensables, percent (by volume) 9.10 Minimum Data Requirements for Published Ratings. Section 10. Tolerances 10.1 Tolerances. Section 11. Marking and Nameplate Data 11.1 Marking and Nameplate Data. Recommended nameplate voltages for 60 Hertz systems shall include one or more of the equipment nameplate voltages shown in Table 1 of AHRI 110-2016 (incorporated by reference, see § 82.168). Recommended nameplate voltages for 50 Hertz systems shall include one or more of the utilization voltages shown in Table 1 of IEC 60038 (English version) (incorporated by reference, see § 82.168). 11.2 Data for Designated Refrigerants. a. Liquid Recovery Rate, kg/min b. Vapor Recovery Rate, kg/min c. High Temperature Vapor Recovery Rate, kg/min d. Push/Pull Liquid Recovery Rate, kg/min e. Final Recovery Vacuum Level, kPa f. Recycle Flow Rate, kg/min g. Refrigerant Loss, kg h. Residual Trapped Refrigerant, kg i. Quantity of Refrigerant Processed at Rated Conditions, kg Table 2—Performance Ratings for Refrigerant Recovery and Recovery/Recycling Equipment 4,5 Parameter Type of equipment Recovery Recovery/ Recycling System Liquid Refrigerant Recovery Rate, kg/min X 1,4 X 1 N/A 5 N/A Vapor Refrigerant Recovery Rate, kg/min X 1 X 1 N/A N/A High Temperature Vapor Recovery Rate, kg/min X 1 X 1 N/A N/A Push/Pull Liquid Recovery Rate, kg/min X 1 X 1 N/A N/A Final Recovery Vacuum Level, kPa X X N/A X Recycle Flow Rate, kg/min N/A X X N/A Refrigerant Loss, kg X 2 X X X 3 Residual Trapped Refrigerant, kg X 3 X 2 X 2 X 2 Quantity of Refrigerant Processed at Rated Conditions, kg N/A X X N/A 1 2 3 4 5 Table 3—Contaminant Removal Ratings for Refrigerant Recovery and Recovery/Recycling Equipment 1 2 Contaminant Type of equipment Recovery Recovery/ Recycling System Moisture Content, ppm by weight N/A 2 X 1 X N/A Chloride Ions, pass/fail N/A X X N/A Acid Content, ppm by weight N/A X X N/A High Boiling Residue, % by volume N/A X X N/A Particulates/solids, pass/fail N/A X X N/A Non-condensables, % by volume N/A X X N/A 1 2 Section 12. References Listed here are all standards, handbooks, and other publications essential to the formation and implementation of the standard. All references in this appendix are considered as part of this standard. • UL 1963, Standard for Safety Refrigerant Recovery/Recycling Equipment • AHRI 110-2016, 2016 Standard for Air-Conditioning, Heating and Refrigerating Equipment Nameplate Voltages • AHRI Standard 700-2015, Specifications for Refrigerants • IEC 60038 IEC Standard Voltages Section 13.0. Particulate Used in Standard Contaminated Refrigerant Sample 13.1 Particulate Specification 13.1.1 The particulate material (pm) will be a blend of 50 percent coarse air cleaner dust as received, and 50 percent retained on a 200-mesh screen. The coarse air cleaner dust is available from: AC Spark Plug Division; General Motors Corporation; Flint, Michigan. 13.1.2 Preparation of Particulate Materials. 13.1.3 Particle Size Analysis. Table B1—Weight Percentage in Various µm Size range As Blend 0-5 12 6 5-10 12 6 10-20 14 7 20-40 23 11 40-80 30 32 80-200 9 38 [81 FR 82383, Nov. 18, 2016] Appendix B4 to Subpart F of Part 82—Performance and Safety of Flammable Refrigerant Recovery and/or Recycling Equipment This appendix is based on the Air-Conditioning, Heating, and Refrigeration Institute Standard 740-2016, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment Standard for Safety: Refrigerant Recovery/Recycling Equipment Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant. Section 1. Purpose 1.1 The purpose of this standard is to establish methods of testing for rating and evaluating the performance and safety of refrigerant recovery and/or recycling equipment and general equipment requirements (herein referred to as “equipment”) for contaminant or purity levels, capacity, speed and purge loss to minimize emission into the atmosphere of designated refrigerants, as well as safety for use with flammable refrigerants. Section 2. Scope 2.1 This standard applies to equipment for recovering and/or recycling flammable single refrigerants, azeotropes, zeotropic blends, and their normal contaminants from refrigerant systems. This standard defines the test apparatus, test gas mixtures, sampling procedures, analytical techniques, and equipment construction that will be used to determine the performance and safety of refrigerant recovery and/or recycling equipment (hereinafter, “equipment”). Section 3. Definitions 3.1 All terms in this appendix will follow the definitions in § 82.152 and Appendix B3 to Subpart F of Part 82 unless otherwise defined in this appendix. 3.2 All definitions used in UL 1963, including the definitions in Supplement SB, as applicable, are incorporated by reference, see § 82.168. Section 4. Evaluation of Performance 4.1 Performance Ratings. 4.2 Safety. Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant Standard for Safety: Refrigerant Recovery/Recycling Equipment [81 FR 82390, Nov. 18, 2016] Appendix C to Subpart F of Part 82—Method for Testing Recovery Devices for Use With Small Appliances Recovery Efficiency Test Procedure for Refrigerant Recovery Equipment Used on Small Appliances The following test procedure is utilized to evaluate the efficiency of equipment designed to recover ozone depleting refrigerants (or any substitute refrigerant subject to the recycling rules promulgated pursuant to section 608 of the Clean Air Act Amendments of 1990) from small appliances when service of those appliances requires entry into the sealed refrigeration system or when those appliances are destined for disposal. This procedure is designed to calculate on a weight or mass basis the percentage of a known charge of CFC-12 refrigerant removed and captured from a test stand refrigeration system. Captured refrigerant is that refrigerant delivered to a container suitable for shipment to a refrigerant reclaimer plus any refrigerant remaining in the recovery system in a manner that it will be transferred to a shipping container after additional recovery operations. The test stand refrigeration system required for this procedure is constructed with standard equipment utilized in currently produced household refrigerator and freezer products. The procedure also accounts for compressor oils that might be added to or removed from the test stand compressor or any compressor used in the recovery system. I. Test Stand Test stands are constructed in accordance with the following standards. 1. Evaporator— 5/16 2. Condenser— 1/4 3. Suction line capillary heat exchanger—appropriate for compressor used. 4. An 800-950 Btu/hr high side case (rotary) compressor; or (depending on the test senario); 5. An 800-9500 Btu/hr low side case (reciprocating) compressor. A person seeking to have its recovery system certified shall specify the compressors by manufacturer and model that are to be used in test stands constructed for evaluation of its equipment, and the type and quantity of compressor to be used in those compressors. Only a compressor oil approved for use by the compressor's manufacturer may be specified, and the quantity of compressor oil specified shall be an appropriate quantity for the type of oil and compressor to be used. In order to reduce the cost of testing, the person seeking certification of its recovery system may supply an EPA approved third party testing laboratory with test stands meeting these standards for use in evaluating its recovery system. II. Test Conditions Tests are to be conducted at 75 degrees F, plus or minus 2 degrees F (23.9 C ±1.1 C). Separate tests are conducted on both high side case compressor stands and low side case compressor stands. Separate tests are also conducted with the test stand compressor running during the recovery operation, and without the test stand compressor running during the recovery operation, to calculate the system's recovery efficiency under either condition. These tests are to be performed using a representative model of all equipment used in the recovery system to deliver recovered refrigerant to a container suitable for shipment to a refrigerant reclaimer. The test stands are to be equipped with access valves permanently installed as specific by the recovery system's vendor to represent the valves used with that system in actual field operations. A series of five (5) recovery operations are to be performed for each compressor scenario and a recovery efficiency is calculated based on the total quantity of refrigerant captured during all five (5) recoveries. Alternatively, at the request of the recovery system's vendor, a recovery efficiency is to be calculated for each recovery event. In this case, a statistically significant number of recovery operations are to be performed. Determination of what is a statistically significant number of recoveries is to be calculated as set out below. These individual recovery efficiencies are then averaged. There are four (4) compressor scenarios to be tested. These are a high side case compressor in working condition; a high side case compressor in nonworking condition; a low side case compressor in working condition; and a low side case compressor in nonworking condition. Recovery efficiencies calculated for the two working compressor scenarios are to be averaged to report a working compressor performance. The two nonworking compressor efficiencies are also to be averaged to report a nonworking compressor performance. If large scale equipment is required in the system to deliver recovered refrigerant to a refrigerant reclaimer (eg. carbon desorption equipment) and it is not possible to have that equipment evaluated under the procedure, the system's vendor shall obtain engineering data on the performance of that large scale equipment that will reasonably demonstrate the percentage refrigerant lost when processed by that equipment. That data will be supplied to any person required to evaluate the performance of those systems. The following procedure will also be modified as needed to determine the weight of refrigerant recovered from a test stand and delivered to a container for shipment to the large process equipment for further processing. The percentage loss documented to occur during processing is then to be applied to the recovery efficiencies calculated in this modified procedure to determine the overall capture efficiency for the entire system. The following are definitions of symbols used in the test procedure. Test Stand: “TSO” means an original test stand weight. “TSC” means a charged test stand weight. Shipping Containers: “SCO” means the original or empty weight of shipping container(s). “SCF” means the final or full weight of shipping container(s). Recover/Transfer System: “RSO” means the original weight of a recovery/transfer system. “RSF” means the final weight of a recovery/transfer system. “OL” means the net amount of oil added/removed from the recovery device and/or transfer device between the beginning and end of the test for one compressor scenario. Weighing steps are conducted with precision and accuracy of plus or minus 1.0 gram. III. Test Procedure 1. Evacuate the test stand to 20 microns vacuum (pressure measured at a vacuum pump) for 12 hours. 2. Weigh the test stand (TSO). 3. If this is the first recovery operation being performed for a compressor scenario (or if a recovery efficiency is to be calculated for each recovery event), then weigh all devices used in the recovery system to deliver recovered refrigerant to a container suitable for shipment or delivery to a refrigerant reclaimer. Weigh only devices that can retain refrigerant in a manner that it will ultimately be transferred to a shipping container without significant release to the atmosphere (RSO). 4. Weigh final shipping containers (SCO). 5. Charge the test stand with an appropriate CFC-12 charge (either 6 oz. or 9 oz.). 6. Run the test stand for four (4) hours with 100% run time. 7. Turn off the test stand for twelve (12) hours. During this period evaporate all condensation that has collected on the test stand during step 6. 8. Weigh the test stand (TSC). 9. Recover CFC-12 from the test stand and perform all operations needed to transfer the recovered refrigerant to one of the shipping containers weighed in step 4. All recovery and transfer operations are to be performed in accordance with the operating instructions provided by the system's vendor. The compressor in the test stand is to remain “off” or be turned “on” during the recovery operation depending on whether the test is for a nonworking or working compressor performance evaluation. If a recovery efficiency is to be calculated for each recovery event, transfer the captured refrigerant to a shipping container and then skip to step 13. Otherwise continue. If the system allows for multiple recovery operations to be performed before transferring recovered refrigerant to a shipping container, the transfer operation can be delayed until either the maximum number of recovery operations allowed before a transfer is required have been performed, or the last of the five (5) recovery operations has been performed. 10. Perform any oil removal or oil addition operations needed to properly maintain the test stand and the devices used for recovery or transfer operations. Determine the net weight of the oil added or removed from the recovery device and/or transfer device. (OP1 for oil added, OP2 for oil removed). 11. Evacuate the test stand to 20 microns vacuum for 4 hours. 12. Return to step 2 unless five (5) recovery operations have been performed. 13. Weigh all final shipping containers that received recovered refrigerant (SCF). 14. Weigh the equipment weighed in step three (3) above (RSF). If a recovery efficiency is to be calculated for each recovery event, perform calculations and return to step one (1) for additional recoveries. IV. Calculations A. For Five (5) Consecutive Recoveries Refrigerant Recoverable Oil Loss Refrigerant Recovered n = number of shipping containers used. Recovery Efficiency B. For Individual Recoveries Refrigerant Recoverable Refrigerant Recovered Recovery Efficiency C. Calculation of a Statistically Significant Number of Recoveries Where: N add sd = Standard deviation, or (X/(N−1) 5 X = Sample average N = Number of samples tested Number of samples t for 90% confidence 2 6.814 3 2.920 4 2.353 5 2.132 6 2.015 7 1.943 8 1.895 9 1.860 10 1.833 Procedure: 1. Compute N add 2. If N add 3. Re-compute N add add V. Test Procedure Approval and Certification Each vendor of capture equipment for small appliances desiring certification will provide a representative model of its capture system and its recommended recovery procedures to an EPA approved third party laboratory for testing in accordance with this procedure. The third party laboratory will certify recovery systems that when tested in accordance with this procedure demonstrate a sufficient recovery efficiency to meet EPA regulatory requirements. Appendix D to Subpart F of Part 82—Standards for Becoming a Certifying Program for Technicians a. Test Preparation. Technicians must pass a closed-book, proctored test, administered in a secure environment, by an EPA-approved certifying program to be certified as a Type II or Type III technician. Technicians must pass a closed-book, proctored test (or series of tests), administered in a secure environment, by an EPA-approved certifying program to be certified as a Universal technician. Mail-in format Type I tests cannot be used toward a Universal certification. Each certifying program must assemble tests by choosing a prescribed subset from the EPA test bank. EPA will have a test bank with more questions than are needed for an individual test, which will enable the certifying program to generate multiple tests in order to discourage cheating. Each test must include 25 questions drawn from Group 1 and 25 questions drawn from each relevant technical Group. Tests for Universal technicians will include 100 questions (25 from Group 1 and 25 from each relevant technical Group). Universal tests may be taken all at once, or by combining passing scores on separate Type I, Type II, and Type III tests. Questions should be divided in order to sufficiently cover each topic within the Group. Certifying programs must provide a paper hand-out or electronic form of communication to technicians after they have completed their certification test that contains the following information: —Which certifying program is providing the testing; —Contact information for the certifying program; —The name and contact information of the proctor; and —When they should expect to receive their score and, if they passed, their certification card. Each certifying program must show a method of randomly choosing which questions will be on the tests. Multiple versions of the test must be used during each testing event. Test answer sheets must include the name and address of the applicant, the name and address of the certifying program, and the date and location at which the test was administered. Training material accompanying mail-in Type I tests must not include sample test questions mimicking the language of the certification test. All mail-in material will be subject to review by EPA. Certifying programs may charge individuals reasonable fees for the administration of the tests. EPA will publish a list of all approved certifying programs. b. Proctoring. The certification test for Type I (if taken as part of a Universal certification), Type II, Type III, and Universal technicians is a closed-book exam. The proctors must ensure that the applicants for certification do not use any notes or training materials during testing. Desks or work space must be placed in a way that discourages cheating. The space and physical facilities are to be conducive to continuous surveillance by the proctors and monitors during testing. The proctor may not receive any benefit from the outcome of the testing other than a fee for proctoring. Proctors cannot know in advance which questions are on the tests they are proctoring. Proctors are required to verify the identity of individuals taking the test by examining photo identification. Acceptable forms of identification include but are not limited to drivers' licenses, government identification cards, passports, and military identification. Certifying programs for Type I technicians using the mail-in format, must take sufficient measures at the test site to ensure that tests are completed honestly by each technician. Each test for Type I certification must provide a means of verifying the identification of the individual taking the test. Acceptable forms of identification include but are not limited to drivers' licenses and passports. c. Test Security. After the completion of a test, proctors must collect all test forms, answer sheets, scratch paper and notes. These items are to be placed in a sealed envelope. d. Test Content. Group I will ask questions in the following areas: 1. Environmental impact of CFCs, HCFCs, and substitute refrigerants 2. Laws and regulations 3. Changing industry outlook Group II will ask questions covering sector-specific ( i.e., 4. Leak detection 5. Recovery Techniques 6. Safety 7. Shipping 8. Disposal e. Grading. The passing score for the closed-book Type I, Type II, Type III and Universal certification test is 70 percent. The passing score for Type I certification tests using the mail-in format is 84 percent. f. Proof of Certification. Each wallet-sized identification card must include, at a minimum, the name of the certifying program including the date the certifying program received EPA approval, the name of the person certified, the type of certification, a unique number for the certified person that does not include a technician's social security number, and the following text: [name of person] has successfully passed a [Type I, Type II, Type III and/or Universal—as appropriate] exam on how to responsibly handle refrigerants as required by EPA's National Recycling and Emissions Reduction Program. g. Recordkeeping and Reporting Requirements. EPA must receive an activity report from all approved certifying programs by every January 30 and July 30, which covers the previous six months of certifications. The first report must be submitted following the first full six-month period for which the program has been approved by EPA. This report includes the pass/fail rate. If the certifying program believes a test bank question needs to be modified, information about that question should also be included. Approved certifying programs will receive a letter of approval from EPA. Each testing center must display a copy of that letter at their place of business. Approved technician certification programs that voluntarily plan to stop providing the certification test must forward all records required by this appendix and § 82.161 to another program currently approved by EPA in accordance with this appendix and with § 82.161. Approved technician certification programs that receive records of certified technicians from a program that no longer offers the certification test, and the program that is voluntarily withdrawing from being a technician certification program must inform EPA at the address listed in § 82.160 within 30 days of receiving or transferring these records. The notification must include the name and address of the program to which the records have been transferred. If another currently approved program willing to accept the records cannot be located, these records must be submitted to EPA at the address listed at § 82.160. Technician certification programs that have had their certification revoked in accordance with § 82.169 must forward all records required by this appendix and § 82.161 to EPA at the address listed in § 82.160. Failure to do so is a violation of 40 CFR part 82, subpart F. h. Additional Requirements. If the certifying programs offer training or provide review materials to the applicants, these endeavors are to be considered completely separate from the administration of the certification test. [81 FR 82390, Nov. 18, 2016] Appendix E to Subpart F of Part 82—Test Procedure for Leaks From Containers Holding Two Pounds or Less of Refrigerant for Use in an MVAC This appendix is based on the California Air Resources Board (CARB) standard TP-503: Test Procedure for Leaks from Small Cans of Automotive Refrigerant, BP-A1: Balance Protocol for Gravimetric Determination of Sample Weights using a Precision Balance, Section 1. Applicability This test procedure is used by manufacturers of containers holding two pounds or less of refrigerant for use in a motor vehicle air conditioner (MVAC) to determine the leakage rate of small containers of automotive refrigerant that are subject to the requirements of 40 CFR part 82, subpart F. Specifically, this test procedure will specify the equipment, procedures, and calculations to determine if a container holding two pounds or less of refrigerant for use in an MVAC complies with the leakage rate specified in § 82.154(c)(2)(ii). All terms in this appendix will follow the definitions in § 82.152 unless otherwise defined in this appendix. All containers holding two pounds or less of refrigerant for use in an MVAC must comply with other applicable codes and regulations such as local, state, or Federal safety codes and regulations. This test procedure involves the use of materials under pressure and operations and should only be used by or under the supervision of those familiar and experienced in the use of such materials and operations. Appropriate safety precautions should be observed at all times while performing this test procedure. Section 2. Principle and Summary of Test Procedure This procedure is used to determine the leakage rate of containers holding two pounds or less of refrigerant for use in an MVAC (small cans). Testing will involve subjecting both full and partially empty cans in both upright and inverted positions at two temperatures: 73 °F and 130 °F. Thirty small cans are tested under each condition for a total of 240 small cans tested. Small cans are brought to temperature stability, weighed, then stored for 30 days under specified conditions of temperature, orientation, and state of fill, then re-weighed. Leakage rate (grams/year) is estimated by (weight loss in grams) x 365/(days duration). The leakage rate is then compared to a standard of 3.00 grams/year to determine if a given small can complies with the leakage rate specified in § 82.154(c)(2)(ii). Section 3. Biases and Interferences 3.1 Contaminants on the operator's hands can affect the weight of the small can and the ability of the small can to absorb moisture. To avoid contamination of the small can, the balance operator should wear gloves while handling the small cans. 3.2 Weight determinations can be interfered with by moisture condensing on the small can and by thermal currents generated by temperature differences between the small can and the room temperature. The small cans cool during discharge and could cause condensation. For these reasons, small cans must be equilibrated to balance room temperature for at least four hours before weighing. 3.3 Variations in the temperature, pressure, and humidity of the ambient air will cause variations in the buoyancy of the small can. These variations should typically be less than 25 mg for a small can. If the small can is not leaking at all, then the uncorrected weight changes will be within the range of 0 ± 25 mg, which is about ten percent of the 247 mg loss expected after thirty days for a can leaking at 3 g/yr. In that case buoyancy corrections can be omitted. If the absolute value of the uncorrected weight change exceeds 25 mg, then all calculations must be made using weights corrected for buoyancy based on the temperature, pressure, and humidity of the weighing room. 3.4 Some electronic balances are sensitive to the effects of small static charges. The small can should be placed directly on the balance pan, ensuring metal to metal contact. If the balance pan is not grounded, the small can and balance pan should be statically discharged before weighing. Section 4. Sensitivity and Range The mass of a full small can could range from roughly 50 g to 1000 g depending on the container capacity. A top loading balance, capable of a maximum weight measurement of not less than 1,000 g and having a minimum readability of 0.001 g, reproducibility and linearity of ± 0.002 g, must be used to perform mass measurements. Section 5. Equipment 5.1 A top loading balance that meets the requirements of Section 4 above. 5.2 A NIST traceable working standard mass for balance calibration. A NIST traceable working standard mass for a balance linearity check. A reference mass to serve as a “blank” small can. 5.3 An enclosure capable of controlling the internal air temperature from 73 °F ± 5 °F, and an enclosure capable of controlling the internal air temperature to 130 °F ± 5 °F. 5.4 A temperature instrument capable of measuring the internal temperature of the temperature conditioning enclosures and the balance room with a sensitivity of ± 2 °F. 5.5 A barometric pressure instrument capable of measuring atmospheric pressure at the location of the balance to within ± 0.02 inches of mercury. 5.6 A relative humidity measuring instrument capable of measuring the relative humidity (RH) at the location of the balance with a sensitivity of ± 2 percent RH. 5.7 A hose with appropriate fitting for dispensing refrigerant from the small can to a recovery machine. 5.8 A refrigerant recovery machine to collect the discharged refrigerant from small cans being tested. Section 6. Calibration Procedures 6.1 Calibrations are applied to the balance and to the support equipment such as temperature, humidity, and pressure monitoring equipment. Procedures for calibration are not spelled out here. General calibration principals for the support equipment and the balance are described in Section 11, Quality Assurance/Quality Control. Detailed calibration procedures for measurements made using the balance are contained in Attachment A: “Balance Protocol for Gravimetric Determination of Sample Weights using a Precision Balance.” Section 7. Small Can Preparation 7.1 Receive a batch of 240 small cans of one design to be tested. These may include several SKUs from different manufacturers if the container and valve combination are the same. 7.2 Clean small cans with Alkanox solution or equivalent and dry with a lint free towel. 7.3 Confirm that the sample ID sticker on the small can matches the sample ID on the chain of custody forms. 7.4 Select a reference mass similar to the weight of a full small can. If multiple sets of similar sized small cans are being tested, only one reference mass is needed; it can be used with all sets. Store the reference mass in the balance area. 7.5 Evacuate the contents of one half of the small cans (120 cans) into the refrigerant recovery machine using normal DIY dispensing procedures until each small can is approximately half full. 7.6 Select a reference mass similar to the weight of the half-full small can. If multiple sets of similar size small cans are being tested, only one reference mass is needed; it can be used with all sets. Store the reference mass in the balance area. Section 8. Small Can Weighing Weighing cans on the balance is done in accordance with Attachment A to this appendix. Attachment A describes how to conduct weight determinations including appropriate calibration and QC data. This section, “Small Can Weighing,” describes the overall process, not the details of how to use the balance. Initial Weights 8.1 Put on gloves. Check the small cans for contamination. 8.2 Place the 240 small cans into a location where they can equilibrate to balance room temperature. Record the small can test IDs and the equilibration start time on the Small Can Test Data Forms available on EPA's Web site in sets of thirty, one form for each of the eight test conditions. 8.3 Let cans equilibrate for at least four hours. 8.4 Weigh the set of 240 small cans and the reference weights using Attachment A and log the results to the Balance Weighing Log Form available on EPA's Web site. 8.5 Transfer data from the Balance Weighing Log Form to the Small Can Test Data Form in sets of 30, one set for each of the eight conditions to be tested. Thirty-Day Soak 8.6 Place each set of 30 small cans into the appropriate orientation and temperature for soaking: 30 full small cans—73 °F, upright 30 full small cans—73 °F, inverted 30 full small cans—130 °F, upright 30 full small cans—130 °F, inverted 30 half-full small cans—73 °F, upright 30 half-full small cans—73 °F, inverted 30 half-full small cans—130 °F, upright 30 half-full small cans—130 °F, inverted 8.7 Soak the small cans for 30 days undisturbed. Final Weighing 8.8 Place the 240 small cans into a location where they can equilibrate to balance room temperature. 8.9 Let the small cans equilibrate for at least four hours. 8.10 Weigh the set of 240 small cans, the reference weights, and any additional sets of small cans using Attachment A. 8.11 Transfer data from the Balance Weighing Log Form to the corresponding Small Can Test Data Forms. Section 9. Calculations Corrections for Buoyancy The calculations in this section are described in terms of “weight.” Mass is a property of the small can, whereas weight is a force due to the effects of buoyancy and gravity. Procedures for correcting the effect of buoyancy are given in Attachment B of this appendix. Ignoring buoyancy, i.e., Calculation of Leak Rate The emission rate in grams/day for each small can is calculated by subtracting the final weight from the initial weight and then dividing the weight difference by the time difference measured in days to the nearest hour (nearest 1/24 of a day). The emission rate in g/day is multiplied by 365 to determine emission rate in grams/yr. If the annual emission rate for any small can exceeds the entire small can contents, then the annual emission rate for that small can is adjusted to equal the entire small can contents/year ( e.g., Loss rate for each small can E i daily i final i initial i final i initial E i annual i daily E i adjusted i adjusted i Where, E i W i final i W i initial D i final D i initial C i i Note: D = Julday + Hour/24 Where, Julday = serial day of the year: Jan 1 = 1, Jan 31 = 31, Feb 1 = 32, etc. Hour = hour of day using 24-hour clock, 0 to 23 Calculate the average loss rate for the 240 small cans as follows: E mean adjusted i i Section 10. Recordkeeping During small can weighing, record the small can weights and date/times on the Balance Weighing Log Form. After each weighing session, transfer the measured weights and date/times from the Balance Weighing Log Form to the Small Can Test Data Form. At the end of the test, complete the calculations described in Section 9, Calculations, and record the results on the Small Can Test Data Form. Section 11. Quality Assurance/Quality Control 11.1 All temperature, pressure, and humidity instruments should be calibrated annually against NIST traceable laboratory standards. The main purpose of the NIST traceable calibration is to establish the absolute accuracy of the device. The instruments should also be checked periodically such as weekly, monthly, or quarterly against intermediate standards or against independent instruments. For example, a thermocouple can be checked weekly against a wall thermometer. A barometer or pressure gauge can be checked weekly by adjusting to sea level and comparing with local airport data. The main purpose of the frequent checks is to verify that the device has not failed in some way. This is especially important for electronic devices such as a digital thermometer, but even a liquid filled thermometer can develop a problem such as a bubble. 11.2 The balance should be serviced and calibrated annually by an independent balance service company or agency using NIST traceable reference masses. Servicing verifies accuracy and linearity, and the maintenance performed helps ensure that a malfunction does not develop. 11.3 The balance must also be calibrated and its linearity checked with working standards before and after each weighing session, or before and after each group of 24 small cans if more than 24 small cans are weighed in a session. Procedures for calibrating and using the balance, as well as recording balance data, are described in the accompanying balance weighing protocol. These procedures include zero checks, calibration checks, and reference mass checks. Procedures for calculating quality control data from those checks are described in Attachment A. 11.4 The small cans are cleaned then handled using gloves to prevent contamination. All equilibration and soaking must be done in a dust free area. Section 12. Balance Protocol for Gravimetric Determination of Sample Weights Using a Precision Balance 12.1 Scope and application This Protocol summarizes a set of procedures and tolerances for weighing objects in the range of 0 to 1,000 g with a resolution of 0.001 g. This protocol only addresses balance operations, it does not address project requirements for equilibration, sample hold time limits, sample collection etc. 12.2 Summary of method The balance is zeroed and calibrated using procedures defined herein. Object weight determinations are conducted along with control object weight determinations, zero checks, calibration checks, sensitivity checks, and replicate weightings in a defined sequence designed to control and quantitatively characterize precision and accuracy. 12.3 Definitions N/A. 12.4 Interferences Object weights can be affected by temperature and relative humidity of their environment, air currents, static electricity, gain and loss of water vapor, gain or loss of and loss of volatile compounds directly from the sample or from contaminants such as finger prints, marker ink, and adhesive tape. Contamination, transfer of material to or from the samples, is controlled by conducting operations inside a clean area dedicated to the purpose and having a filtered laminar air flow where possible; by wearing gloves while handling all samples and related balance equipment; by using forceps to handle small objects, and by keeping the balance and all related equipment inside the clean area. Air currents are controlled by conducting weighing operations inside a closed chamber or glove box and by allowing the substrates to reach temperature and relative humidity equilibrium. The chamber is maintained at 40 percent relative humidity and 25 °C by a continuous humidity and temperature control system. The temperature and RH conditions are recorded at least once per weighing sessions. Equilibration times for samples that are particularly sensitive to humidity or to loss of semi-volatiles species are specified by project requirements. Static electric charges on the walls of the balance and the weighed objects, including samples, controls, and calibration weights, can significantly affect balance readings. Static is avoided by the operator ground himself and test objects as described in the balance manual. 12.5 Personnel health and safety N/A 12.6 Equipment and supplies • Filtered, temperature and humidity controlled weighing chamber. • Precision Balance • Plastic forceps • Nylon fabric gloves. • Working calibration weights: ANSI Class 2, 1000g and 500 g • Working sensitivity weight: 50 mg • Reference objects: references are one or more objects that are typical of the objects to be weighed during a project, but that are stored permanently inside the balance glove box. Reference objects are labeled Test1, Test2, Test3, etc. 12.7 Reagents and standard N/A 12.8 Sample collection, preservation, and storage N/A. See relevant project requirements and SOPs. 12.9 Quality control Data quality is controlled by specifying frequencies and tolerances for Zero, Calibration, Linearity, and Sensitivity checks. If checks do not meet tolerance criteria, then samples must be re-weighed. In addition, the procedures specify frequencies for Control Object Checks. Data quality is quantitatively characterized using Zero Check, Calibration Check, and Control Check data. These data are summarized monthly in statistics and QC charts. 12.10 Calibration and standardization The absolute accuracy of the balance is established by calibration against an ANSI Class 2, stainless steel working weight: 1000.000 g ± 0.0025 g. Linearity is established checking the midpoint against an ANSI Class 2 stainless steel working weight: 500.000 ± 0.0012 g. Sensitivity is established using and ANSI Class 2 stainless steel or aluminum working weight: 50 mg. Precision is checked by periodically checking zero, calibration, and reference object weights. 12.11 Procedure 12.11.1 Overview of Weighing Sequence Weighing a series of substrates consists of performing the following procedures in sequence, while observing the procedures for handling and the procedures for reading the balance: 1. Initial Adjustment 2. Weigh eight samples 3. Zero Check 4. Weigh eight samples 5. Zero Check 6. Weigh eight samples 7. Calibration Check 8. Return to step 2. 9. If less than 24 cans are weighed, perform a final Calibration Check at the end of weighing. This sequence is interrupted and samples are reweighed if QC check tolerances are not met. Each of these procedures along with procedures for handling and reading the balance are described below. The QC tolerances referred to in these procedures are listed in Table 1. 12.11.2 Handling 1. Never touch samples, weights, balance pans, etc. with bare hands. Wear powder free gloves to handle the weights, controls, and samples. 12.11.3 Reading the Balance 1. Close the door. Wait for the balance stabilization light to come on, and note the reading. 2. Watch the balance reading for 30 sec (use a clock). If the reading has not changed by more than 0.001 g from the reading noted in step 1, then record the reading observed at the end of the 30 sec period. 3. If the reading has drifted more than 0.001 g note the new balance reading and go to step 2. 4. If the balance reading is flickering back and forth between two consecutive values choose the value that is displayed more often than the other. 5. If the balance reading is flickering equally back and forth between two consecutive values choose the higher value. 12.11.4 Initial Adjustment 1. Empty the sample pan Close the door. Select Range 1000 g 2. Wait for a stable reading 3. Record the reading with QC code IZC (initial zero check) 4. Press the Tare button 5. Record the reading in the logbook with QC code IZA (initial zero adjust) 6. Place the 1,000 g working calibration weight on the balance pan 7. Wait for a stable reading. 8. Record the reading with QC code ICC (initial cal check) 9. Press the Calibrate button 10. Record the reading with QC code ICA (initial cal adjust) 11. Remove the calibration weight. 12. Wait for a stable reading. 13. Record the reading with QC code IZC. 14. If the zero reading exceeds ± 0.002 g, go to step 4. 15. Place the 500 g calibration weight on the balance pan 16. After a stable reading, record the reading with QC code C500. Do not adjust the balance. 17. Add the 0.050 g weight to 500 g weight on the balance pan. 18. After a stable reading, record the reading with QC code C0.05. Do not adjust the balance. 19. Weigh reference object TEST1, record reading with QC code T1. 20. Weigh the reference object TEST2, TEST3, etc. that is similar in weight to the samples that you will be weighing. Record with QC code T2, T3, etc. 12.11.5 Zero Check 1. Empty the sample pan. Close the door. 2. Wait for a stable reading 3. Record the reading with QC code ZC 4. If the ZC reading is less than or equal to the zero adjustment tolerance shown in Table 1, return to weighing and do not adjust the zero. 5. Press the Tare button 6. Record the reading in the logbook with QC code ZA. 7. If the ZC reading exceeded the zero re-weigh tolerance, change the QC code recorded in step 3 from ZC to FZC. Then enter a QC code of FZ into the QC code column of all samples weights obtained after the last valid zero check. Re- weigh all of those samples, recording new data in new rows of the logbook. 12.11.6 Calibration Check 1. First, follow procedures for Zero Check. If the ZC was within tolerance, tare the balance anyway ( i.e., 2. Place the 1,000 g working calibration weight on the sample pan, wait for a stable reading. 3. Record the reading with QC code C1000 4. If the C1000 reading is less than or equal to the calibration adjustment tolerances, skip steps 5 through 8 and proceed to step 9. Do not adjust the calibration. 5. If the C100 reading exceeded the calibration adjust tolerance, press the Calibrate button. 6. Record the reading in the logbook with QC code CA 7. Perform a Zero Check (follow the Zero Check method) 8. If the C1000 reading exceeded the calibration re-weigh tolerance, change the code recorded in step 3 from C1000 to FC1000. Enter FC into the QC column for all sample weights obtained after the last valid calibration check. Re-weigh all of those samples, recording new data in new rows of the logbook. 12.11.7 Replicate Weighing Check 1. This protocol does not include reweigh samples to obtain replicates. The projects for which this protocol is intended already include procedures multiple weightings of each sample. Table 1—QC Tolerances and Frequencies for Balance Protocol Reading Tolerance: 0.001 g, stable for 30 sec. Adjustment Tolerances: Zero: −0.003 to +0.003 g. Calibration: 999.997 to 1000.003 g. Controls: none. Replicates: none. Re-weigh Tolerances: Zero: −0.005 to +0.005 g. Calibration: 999.995 to 1000.005 g. Controls: none. Replicates: none. Reference Objects: Test 1—A reference object weighing about 400 g. Test 2—A reference object weighing about 200 g. Test 3—A reference object weighing about 700 g. QC Frequencies: Zero Checks: once per 8 samples. Calibration Checks: once per 24 samples. Repeat weighings: none (test method includes replicate determinations). Control objects: once per weighing session. 12.12 Data analysis and calculations For Zero Checks, let Z equal the recorded Zero Check value. For control checks let T1, T2, etc. equal the recorded value for control object Test 1, Test 2, etc. For Calibration Checks, let C1000 equal C1000 reading minus 1000, M = C500—500, S = .C.050—C500—.050. For Replicate Checks, let D equal the loss that occurred between the first and second measurements. In summary: T1 = T1 T2 = T2 T3 = T3 Z = ZC—0 C = C1000—1000 M = C500—500 G = C050—C500—.050 Tabulate the mean and standard deviation for each of the following: Z, C, M, G. T1, T2, T3. Depending on the number of operators using the balance and the number of protocols in use, analyze the data by subcategories to determine the effects of balance operator and protocol. Each of these standard deviations, S Z C For Z, C, M, and G, check the mean value for statistical difference from 0. If the means are statistically different than zero, troubleshooting to eliminate bias may be called for. For Z, C, M, G, T1, T2, T3, check that the standard deviations are all comparable. If there are systematic differences, then troubleshooting to eliminate the problem may be called for. Note that the precision of a weight gain, involves two weight determinations, and therefore is larger than S by a factor of sqrt(2). On the other hand replicate weighings improves the precision of the determinations by a factor of sqrt(N). If N = 2, i.e., To estimate the overall uncertainty in a weight determination, a conservative estimate might be to combine the imprecision contributed by the zero with the imprecision contributed by the calibration. U = Sqrt(S Z 2 C 2 The uncertainty in a weight gain from N replicates is then given by: U gain Z 2 C 2 But due to the balance adjustment and reweigh tolerances, we expect S Z C M U gain Where S is any individual standard deviation; or better, a pooled standard deviation. 12.13 Method performance The data necessary to characterize the accuracy and precision of this method are still being collected. The method is used primarily to weigh objects before and after a period of soaking to determine weight loss by subtraction. Given the reweigh tolerances, we expect that the precision of weight gain determinations will be on the order of 0.006 g at the 1-sigma level. Bias in the weight gain determination, due to inaccuracy of the calibration weight and to fixed non-linearity of the balance response is on the order 0.005 percent of the gain. 12.14 Pollution prevention When discharging half the can contents during can preparation, do not vent the contents of the small can to the atmosphere. Use an automotive recovery machine to transfer small can contest to a recovery cylinder. 12.15 Waste management Dispose of the contents of the recycle cylinder through a service that consolidates waste for shipment to EPA certified facilities for reclaiming or destruction. Section 13. Compensation of Weight Data for Buoyancy and Gravity Effects 13.1 Gravity Variations in gravity are important only when weighing objects under different gravitational fields, i.e., Based on the discussion above, no corrections for gravity are necessary when determining weight changes in small cans. 13.2 Buoyancy Within a weighing session, the difference in density between the sample object and the calibration weight will cause the sample object weight value to differ from its mass value due to buoyancy. For a 1-liter object in air at 20 °C and at 1 atm, the buoyant force is about 1.2 g. The volume of a 1 kg object with a density of 8 g/cm 3 e.g., Based on the discussion above, buoyancy corrections must be made. Variables measured or calculated: V can 3 W can ρ can 3 ρ can T = Temperature in balance chamber (degrees Celsius). RH = Relative humidity in balance chamber (expressed a number between 0 and 100). P baro ρ air 3 ρ air baro ρ ref 3 3 Equation to correct for buoyancy: W corrected reading air ref air can [81 FR 82392, Nov. 18, 2016] Subpart G—Significant New Alternatives Policy Program Source: 59 FR 13147, Mar. 18, 1994, unless otherwise noted. § 82.170 Purpose and scope. (a) The purpose of these regulations in this subpart is to implement section 612 of the Clean Air Act, as amended, regarding the safe alternatives policy on the acceptability of substitutes for ozone-depleting compounds. This program will henceforth be referred to as the “Significant New Alternatives Policy” (SNAP) program. The objectives of this program are to identify substitutes for ozone-depleting compounds, to evaluate the acceptability of those substitutes, to promote the use of those substitutes believed to present lower overall risks to human health and the environment, relative to the class I and class II compounds being replaced, as well as to other substitutes for the same end-use, and to prohibit the use of those substitutes found, based on the same comparisons, to increase overall risks. (b) The regulations in this subpart describe persons and substitutes subject to reporting requirements under the SNAP program and explain preparation and submission of notices and petitions on substitutes. The regulations also establish Agency procedures for reviewing and processing EPA's determinations regarding notices and petitions on substitutes. Finally, the regulations prohibit the use of alternatives which EPA has determined may have adverse effects on human health or the environment where EPA has identified alternatives in particular industrial use sectors that on an overall basis, reduce risk to human health and the environment and are currently or potentially available. EPA will only prohibit substitutes where it has identified other substitutes for a specific application that are acceptable and are currently or potentially available. (c) Notifications, petitions and other materials requested shall be sent to: SNAP Document Control Officer, U.S. Environmental Protection Agency (6205-J), 1200 Pennsylvania Ave., NW., Washington, DC 20460. § 82.172 Definitions. Act et seq. Agency Application Class I or class II Decision EPA End-use Formulator Health and safety study study (1) Long- and short-term tests of mutagenicity, carcinogenicity, or teratogenicity; data on behavioral disorders; dermatoxicity; pharmacological effects; mammalian absorption, distribution, metabolism, and excretion; cumulative, additive, and synergistic effects; acute, subchronic, and chronic effects; and structure/activity analyses; (2) Tests for ecological or other environmental effects on invertebrates, fish, or other animals, and plants, including: Acute toxicity tests, chronic toxicity tests, critical life stage tests, behavioral tests, algal growth tests, seed germination tests, microbial function tests, bioconcentration or bioaccumulation tests, and model ecosystem (microcosm) studies; (3) Assessments of human and environmental exposure, including workplace exposure, and effects of a particular substitute on the environment, including surveys, tests, and studies of: Biological, photochemical, and chemical degradation; air, water and soil transport; biomagnification and bioconcentration; and chemical and physical properties, e.g., atmospheric lifetime, boiling point, vapor pressure, evaporation rates from soil and water, octanol/water partition coefficient, and water solubility; (4) Monitoring data, when they have been aggregated and analyzed to measure the exposure of humans or the environment to a substitute; and (5) Any assessments of risk to health or the environment resulting from the manufacture, processing, distribution in commerce, use, or disposal of the substitute or its components. Importer Importer (1) The consignee; (2) The importer of record; (3) The actual owner; and (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred. Major Industrial Use Sector or Sector Manufacturer Mixture Person Pesticide et seq. Potentially available Premanufacture Notice (PMN) Program et seq. Producer Research and development Residential use Significant new use Small uses Substitute or alternative Test marketing Use Use restrictions § 82.174 Prohibitions. (a) No person may introduce a new substitute into interstate commerce before the expiration of 90 days after a notice is initially submitted to EPA under § 82.176(a). (b) No person may use a substitute which a person knows or has reason to know was manufactured, processed or imported in violation of the regulations in this subpart, or knows or has reason to know was manufactured, processed or imported in violation of any use restriction in the acceptability determination, after the effective date of any rulemaking imposing such restrictions. (c) No person may use a substitute without adhering to any use restrictions set by the acceptability decision, after the effective date of any rulemaking imposing such restrictions. (d) No person may use a substitute after the effective date of any rulemaking adding such substitute to the list of unacceptable substitutes. (e) Rules Stayed for Reconsideration. [59 FR 13147, Mar. 18, 1994, as amended at 59 FR 63256, Dec. 8, 1994; 60 FR 3303, Jan. 13, 1995] § 82.176 Applicability. (a) Any producer of a new substitute must submit a notice of intent to introduce a substitute into interstate commerce 90 days prior to such introduction. Any producer of an existing substitute already in interstate commerce must submit a notice as of July 18, 1994, if such substitute has not already been reviewed and approved by the Agency. (b) With respect to the following substitutes, producers are exempt from notification requirements: (1) Substitutes already listed as acceptable. (2) Small sectors. (3) Small volume use within SNAP sectors. (4) Research and development. (5) Test marketing. (6) Formulation changes. (7) Substitutes used as feedstocks. (c) Use of a substitute in the possession of an end-user as of March 18, 1994, listed as unacceptable or acceptable subject to narrowed use limits may continue until the individual end-users' existing supply, as of that date, of the substitute is exhausted. Use of substitutes purchased after March 18, 1994, is not permitted subsequent to April 18, 1994. § 82.178 Information required to be submitted. (a) Persons whose substitutes are subject to reporting requirements pursuant to § 82.176 must provide the following information: (1) Name and description of the substitute. (2) Physical and chemical information. ow oc (3) Substitute applications. (4) Process description. (5) Ozone depletion potential. (6) Global warming impacts. (7) Toxicity data. (8) Environmental fate and transport. (9) Flammability. (10) Exposure data. (11) Environmental release data. (12) Replacement ratio for a chemical substitute. (13) Required changes in use technology. (14) Cost of substitute. (15) Availability of substitute. (16) Anticipated market share. (17) Applicable regulations under other environmental statutes. (18) Information already submitted to the Agency. (19) Information already available in the literature. (b) The Significant New Alternatives Policy (SNAP) Information Notice is designed to provide the Agency with the information necessary to reach a decision on the acceptability of a substitute. (1) Submitters requesting review under the SNAP program should send the completed SNAP notice to: SNAP Document Control Officer, U.S. Environmental Protection Agency (6205-J), 1200 Pennsylvania Ave., NW., Washington, DC 20460. (2) Submitters filing jointly under SNAP and the Premanufacture Notice Program (PMN) should send the SNAP addendum along with the PMN form to: PMN Document Control Officer, U.S. Environmental Protection Agency (7407), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Submitters must also send both documents to the SNAP program, with a reference to indicate the notice has been furnished to the Agency under the PMN program. Submitters providing information on new chemicals for joint review under the TSCA and SNAP programs may be required to supply additional toxicity data under TSCA section 5. (3) Submitters filing jointly under SNAP and under the Federal Insecticide, Fungicide, and Rodenticide Act should send the SNAP form to the Office of Pesticide Programs, Registration Division, (7505C) 1200 Pennsylvania Ave., NW., Washington, DC 20460, as well as to the SNAP Document Control Officer. § 82.180 Agency review of SNAP submissions. (a) Processing of SNAP notices 90-day review process. (2) Initial review of notice. (3) Determination of data adequacy. (4) Letter of receipt. (5) Availability of new information during review period. (6) Completion of detailed review. (7) Criteria for review. (i) Atmospheric effects and related health and environmental impacts; (ii) General population risks from ambient exposure to compounds with direct toxicity and to increased ground-level ozone; (iii) Ecosystem risks; (iv) Occupational risks; (v) Consumer risks; (vi) Flammability; and (vii) Cost and availability of the substitute. (8) Communication of decision Communication of decision to the submitter. (ii) Communication of decision to the public. Federal Register (b) Types of listing decisions. (1) Acceptable. (2) Acceptable subject to use conditions. (3) Acceptable subject to narrowed use limits. (4) Unacceptable. (5) Pending. (c) Joint processing under SNAP and TSCA. (d) Joint processing under SNAP and FIFRA. [59 FR 13147, Mar. 18, 1994, as amended at 61 FR 25592, May 22, 1996; 61 FR 54039, Oct. 16, 1996] § 82.182 Confidentiality of data. (a) Clean Air Act provisions. (b) Substantiation of confidentiality claims. (c) Confidentiality provisions for toxicity data. (d) Joint submissions under other statutes. § 82.184 Petitions. (a) Who may petition. (b) Types of petitions. (1) Petitions to add a substitute not previously reviewed under the SNAP program to the acceptable list. This type of petition is comparable to the 90-day notifications, except that it would generally be initiated by entities other than the companies that manufacture, formulate, or otherwise use the substitute. Companies that manufacture, formulate, or use substitutes that want to have their substitutes added to the acceptable list should submit information on the substitute under the 90-day review program; (2) Petitions to add a substitute not previously reviewed under the SNAP program to the unacceptable list; (3) Petitions to delete a substitute from the acceptable list and add it to the unacceptable list or to delete a substitute from the unacceptable and add it to the acceptable list; (4) Petitions to add or delete use restrictions on an acceptability listing. (5) Petitions to grandfather use of a substitute listed as unacceptable or acceptable subject to use restrictions. (c) Content of the petition. Sierra Club EPA, (d) Petition process. (2) Review for data adequacy. (3) Review procedures. (4) Timing of determinations. (5) Rulemaking procedures. (6) Communication of decision. Federal Register Appendix A to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Refrigerants Unacceptable Substitutes End-use Substitute Decision Comments CFC-11 centrifugal chillers (retrofit) HCFC-141b Unacceptable Has a high ODP relative to other alternatives. CFC-12 centrifugal chillers (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can used safely in this end-use. CFC-11, CFC-12, CFC-113, CFC-114, R-500 centrifugal chillers (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocabon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. HCFC-141b Unacceptable Has a high ODP relative to other alternatives. CFC-12 reciprocating chillers (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 reciprocating chillers (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-11, CFC-12, R-502 industrial process refrigeration (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. CFC-11, CFC-12, R-502 industrial process refrigeration (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. CFC-12, R-502 ice skating rinks (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 ice skating rinks (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 cold storage warehouses (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 cold storage warehouses (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-500, R-502 refrigerated transport (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-500, R-502 refrigerated transport (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 retail food refrigeration (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 retail food refrigeration (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 commercial ice machines (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 commercial ice machines (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 vending machines (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 vending machines (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, water coolers (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, water coolers (New equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, household refrigerators (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, household refrigerators (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 household freezers (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, 502 household freezers (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-500 residential dehumidifiers (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-500 residential dehumidifiers (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, motor vehicle air conditioners (retrofit) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, motor vehicle air conditioners (new equipment/NIKs) HCFC-22/HFC-142b/CFC-12 Unacceptable As a blend of both Class I and Class II substances, it has a higher ODP than use of Class II substances. Hydrocarbon blend A Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be sued safely in this end-use. Foams Unacceptable Substitutes End-use Substitute Decision Comments CFC-11 Polyolefin HCFC-141b (or blends thereof) Unacceptable HCFC-141b has an ODP of 0.11, almost equivalent to that of methyl chloroform, a Class I substance. The Agency believes that non-ODP alternatives are sufficiently available to render the use of HCFC-141b unnecessary in polyolefin foams. Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Comments Electronics cleaning w/CFC-113, MCF Perfluoro-carbons (C5F12, C6F12, C6F14, C7F16, C8F18, C5F11NO, C6F13NO, C7F15NO, and C8F16) Acceptable for high-performance, precision-engineered applications only where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements The principal environmental characteristic of concern for PFCs is that they have long atmospheric lifetimes and high global warming potentials. Although actual contributions to global warming depend upon the quantities of PFCs emitted, the effects are for practical purposes irreversible. Precision cleaning w/CFC-113, MCF Perfluoro-carbons (C5F12, C6F12, C6F14, C7F16, C8F18, C5F11NO, C6F13NO, C7F15NO, and C8F16) Acceptable for high-performance, precision-engineered applications only where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements The principal environmental characteristic of concern for PFCs is that they have long atmospheric lifetimes and high global warming potentials. Although actual contributions to global warming depend upon the quantities of PFCs emitted, the effects are for practical purposes irreversible. Unacceptable Substitutes End-use Substitute Decision Comments Metals cleaning w/CFC-113 HCFC 141b and its blends Unacceptable High ODP; other alternatives exist. Effective date: As of 30 days after final rule for uses in new equipment (including retrofits made after the effective date); as of January 1, 1996, for uses in existing equipment. EPA will grant, if necessary, narrowed use acceptability listings for CFC-113 past the effective date of the prohibition. Metals cleaning w/MCF HCFC 141b and its blends Unacceptable High ODP; other alternatives exist. Effective date: As of 30 days after final rule for uses in new equipment (including retrofits made after the effective date); as of January 1, 1996, for uses in existing equipment. Electronics cleaning w/CFC-113 HCFC 141b and its blends Unacceptable High ODP; other alternatives exist. Effective date: As of 30 days after final rule for uses in new equipment (including retrofits made after the effective date); as of January 1, 1996, for uses in existing equipment. EPA will grant, if necessary, narrowed use acceptability listings for CFC-113 past the effective date of the prohibition. Electronics cleaning w/MCF HCFC 141b and its blends Unacceptable High ODP; other alternatives exist. Effective date: As of 30 days after final rule for uses in new equipment (including retrofits made after the effective date); as of January 1, 1996, for uses in existing equipment. Precision cleaning w/CFC-113 HCFC 141b and its blends Unacceptable High ODP; other alternatives exist. Effective date: As of 30 days after final rule for uses in new equipment (including retrofits made after the effective date); as of January 1, 1996, for uses in existing equipment. EPA will grant, if necessary, narrowed use acceptability listings for CFC-113 past the effective date of the prohibition. Precision cleaning w/MCF HCFC 141b and its blends Unacceptable High ODP; other alternatives exist. Effective date: As of 30 days after final rule for uses in new equipment (including retrofits made after the effective date); as of January 1, 1996, for uses in existing equipment. Fire Suppression and Explosion Protection Streaming Agents Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Conditions Comments Halon 1211 Streaming Agents [CFC Blend] Acceptable in nonresidential uses only Use of CFCs are controlled under CAA section 610 which bans use of CFCs in pressurized dispensers, and therefore are not permitted for use in portable fire extinguishers. EPA will list this agent as proposed unacceptable in the next SNAP proposed rulemaking. Because CFCs are a Class I substance, production will be phased out by January 1, 1996. See additional comments 1, 2. HBFC-22B1 Acceptable in nonresidential uses only Proper procedures regarding the operation of the extinguisher and ventilation following dispensing the extinguishant is recommended. Worker exposure may be a concern in small office areas. HBFC-22B1 is considered an interim substitute for Halon 1211. Because the HBFC-22B1 has an ODP of .74, production will be phased out (except for essential uses) on January 1, 1996. This agent was submitted to the Agency as a Premanufacture Notice (PMN) and is presently subject to requirements contained in a Toxic Substance Control Act (TSCA) Consent Order. See additional comments 1, 2. C 6 14 Acceptable for nonresidential uses where other alternatives are not technically feasible due to performance or safety requirements: Users must observe the limitations on PFC acceptability by making reasonable effort to undertake the following measures: a. due to the physical or chemical properties of the agent, or (iii) determine that human exposure to the other alternative extinguishing agents may approach or result in cardiosensitization or other unacceptable toxicity effects under normal operating conditions; b. where human exposure to the extinguishing agent may approach cardiosensitization levels or result in other unacceptable health effects under normal operating conditions The principal environmental characteristic of concern for PFCs is that they have high GWPs and long atmospheric lifetimes. Actual contributions to global warming depend upon the quantities of PFCs emitted. See additional comments 1, 2. Additional Comments: 1—Discharge testing and training should be strictly limited only to that which is essential to meet safety or performance requirements. 2—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. Fire Suppression and Explosion Protection Streaming Agents Unacceptable Substitutes End-use Substitute Decision Comments Halon 1211 Streaming Agents [CFC-11] Unacceptable This agent has been suggested for use on large outdoor fires for which non-ozone depleting alternatives are currently used. [59 FR 13147, Mar. 18, 1994, as amended at 67 FR 4200, Jan. 29, 2002] Appendix B to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Refrigerants—Acceptable Subject to Use Conditions Application Substitute Decision Conditions Comments CFC-12 Automobile Motor Vehicle Air Conditioning (New Equipment/NIKs only) HFC-134a Acceptable subject to use conditions, for passenger cars and light-duty trucks manufactured for Model Year 2020 or earlier, and for vehicles other than passenger cars or light-duty trucks —must be used with unique fittings EPA is concerned that the existence of several substitutes in this end-use may increase the likelihood of significant refrigerant cross-contamination and potential failure of both air conditioning systems and recovery/recycling equipment. CFC-12 Automobile Motor Vehicle Air Conditioning (New Equipment/NIKs only) HCFC Blend Beta (R-416A) Acceptable subject to use conditions, for passenger cars and light-duty trucks manufactured for Model Year 2016 or earlier, and for vehicles other than passenger cars or light-duty trucks —must be used with unique fittings EPA is concerned that the existence of several substitutes in this end-use may increase the likelihood of significant refrigerant cross-contamination and potential failure of both air conditioning systems and recovery/recycling equipment. CFC-12 Automobile Motor Vehicle Air Conditioning (New Equipment/NIKs only) R-401C Acceptable subject to use conditions —must be used with unique fittings EPA is concerned that the existence of several substitutes in this end-use may increase the likelihood of significant refrigerant cross-contamination and potential failure of both air conditioning systems and recovery/recycling equipment. CFC-12 Automobile Motor Vehicle Air Conditioning (Retrofit Equipment only) HFC-134a, R-401C, HCFC Blend Beta (R-416A) Acceptable subject to use conditions —must be used with unique fittings EPA is concerned that the existence of several substitutes in this end-use may increase the likelihood of significant refrigerant cross-contamination and potential failure of both air conditioning systems and recovery/recycling equipment. No distinction is made between “retrofit” and “drop-in” refrigerants; retrofitting a car to use a new refrigerant includes all procedures that result in the air conditioning system using a new refrigerant. CFC-12 Automobile Motor Vehicle Air Conditioning (New equipment only) R-152a as a substitute for CFC-12 Acceptable subject to use conditions Engineering strategies and/or devices shall be incorporated into the system such that foreseeable leaks into the passenger compartment do not result in R-152a concentrations of 3.7% v/v or above in any part of the free space1inside the passenger compartment for more than 15 seconds when the car ignition is on Additional training for service technicians recommended. CFC-12 Automobile Motor Vehicle Air Conditioning (New equipment in passenger cars and light-duty trucks only) HFO-1234yf as a substitute for CFC-12 Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. CFC-12 Motor Vehicle Air Conditioning (New equipment only) Carbon dioxide (CO 2 Acceptable subject to use conditions Engineering strategies and/or mitigation devices shall be incorporated such that in the event of refrigerant leaks, the resulting CO 2 Additional training for service technicians is recommended. The short term exposure level (STEL) of 3% or 30,000 ppm averaged over 15 minutes in the passenger free space 1 2 In designing risk mitigation strategies and/or devices, manufacturers should factor in background CO 2 Vehicle manufacturers must keep records of the tests performed for a minimum period of three years demonstrating that CO 2 Use of the standards SAE J1052, SAE J2772, and SAE J2773 is recommended as additional reference. The use of CO 2 2 3 Manufacturers should conduct and keep on file Potential Failure Mode and Effects Analysis in Design [Design FMEA], Potential Failure Mode and Effect Analysis in Manufacturing and Assembly Process [Process FMEA] on the MVAC as stated in SAE J1739. Motor vehicle air conditioning (newly manufactured medium-duty passenger vehicles) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured heavy-duty pickup trucks) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured complete heavy-duty vans only) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured heavy-duty pickup trucks) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured complete heavy-duty vans only) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured nonroad agricultural tractors with greater than 40 horsepower) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured nonroad self-propelled agricultural machinery) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured nonroad compact equipment) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured nonroad construction, forestry, and mining equipment) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. Motor vehicle air conditioning (newly manufactured nonroad commercial utility vehicles) HFO-1234yf Acceptable subject to use conditions As of June 3, 2022: 4 7 6 7 5 7 Additional training for service technicians recommended. 1 2 3 4 5 6 7 [email protected], www.archives.gov/federal-register/cfr/ibr-locations.html. https://www.sae.org/standards. Refrigerants—Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Comments CFC-11, CFC-12, CFC-113, CFC-114, CFC-115 Non-Mechanical Heat Transfer, New C 3 8 4 10 5 12 5 11 6 14 6 13 7 16 7 15 8 18 8 16 9 21 Acceptable only where no other alternatives are technically feasible due to safety or performance requirements Users must observe the limitations on PFC acceptability by determining that the physical or chemical properties or other technical constraints of the other available agents preclude their use. Documentation of such measures must be available for review upon request. Motor vehicle air conditioning (new equipment in passenger cars and light-duty trucks only) HFC-134a Acceptable for use in Model Year (MY) 2021 through MY 2025 passenger cars and light-duty trucks destined for export, where reasonable efforts have been made to ascertain that other alternatives are not technically feasible because of lack of infrastructure for servicing with alternative refrigerants in the destination country Vehicle manufacturers must document their determination that the infrastructure is not in place for each country to which they plan to export vehicles and must retain the documentation in their files for at least five years after date of its creation for the purpose of demonstrating compliance. Refrigerants—Unacceptable Substitutes End-use Substitute Decision Comments CFC-11, CFC-12, CFC-113, CFC-114, R-500 Centrifugal Chillers (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 Reciprocating Chillers (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-11, CFC-12, R-502 Industrial Process Refrigeration (Retrofit and New Equipment/NIKs) R-403B Unacceptable R-403B contains R-218, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. CFC-12, R-502 Ice Skating Rinks (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 Cold Storage Warehouses (Retrofit and New Equipment/NIKs) R-403B Unacceptable R-403B contains R-218, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-500, R-502 Refrigerated Transport (Retrofit and New Equipment/NIKs) R-403B Unacceptable R-403B contains R-218, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 Retail Food Refrigeration (Retrofit and New Equipment/NIKs) R-403B Unacceptable R-403B contains R-218, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 Commercial Ice Machines (Retrofit and New Equipment/NIKs) R-403B Unacceptable R-403B contains R-218, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 Vending Machines (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 Water Coolers (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 Household Refrigerators (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-502 Household Freezers (Retrofit and New Equipment/NIKs) R-403B Unacceptable R-403B contains R-218, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12, R-500 Residential Dehumidifiers (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. CFC-12 Motor Vehicle Air Conditioners (Retrofit and New Equipment/NIKs) R-405A Unacceptable R-405A contains R-c318, a PFC, which has an extremely high GWP and lifetime. Other Substitutes exist which do not contain PFCs. Hydrocarbon Blend B Unacceptable Flammability is a serious concern. Data have not been submitted to demonstrate it can be used safely in this end-use. Flammable Substitutes, other than R-152a or HFO-1234yf in new equipment Unacceptable The risks associated with using flammable substitutes (except R-152a and HFO-1234yf) in this end-use have not been addressed by a risk assessment. R-152a and HFO-1234yf may be used in new equipment with the use conditions in appendix B to this subpart. Motor vehicle air conditioning (new equipment in passenger cars and light-duty trucks only) HFC-134a Unacceptable as of Model Year 2021 except where allowed under narrowed use limit HFC-134a has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 811-97-2 and it is also known by the name 1,1,1,2-tetrafluoropropane. HFC-134a has a GWP of 1,430. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. This listing does not prohibit the servicing or replacement of motor vehicle air conditioning systems manufactured to use HFC-134a. Motor vehicle air conditioning (new equipment in passenger cars and light-duty trucks only) R-406A, R-414A (HCFC Blend Xi, GHG-X4), R-414B (HCFC Blend Omicron), HCFC Blend Delta (Free Zone), Freeze 12, GHG-X5, HCFC Blend Lambda (GHG-HP), R-416A (FRIGC FR-12, HCFC Blend Beta) Unacceptable as of Model Year 2017 These refrigerants all contain HCFCs. They have GWPs ranging from 1,080 to 2,340 and ODPs ranging from 0.008 to 0.056. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Motor vehicle air conditioning (new equipment in passenger cars and light-duty trucks only) SP34E, R-426A (RS-24, new formulation) Unacceptable as of Model Year 2017 These blends have GWPs ranging from approximately 1,410 to 1,510. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Solvent Cleaning Sector—Acceptable Subject to Use Conditions Substitutes Application Substitute Decision Conditions Comments Electronics Cleaning w/CFC-113, MCF HCFC-225 ca/cb Acceptable Subject to the company set exposure limit of 25 ppm of the -ca isomer HCFC-225 ca/cb blend is offered as a 45%-ca/55%-cb blend. The company set exposure limit of the -ca isomer is 25 ppm. The company set exposure limit of the -cb isomer is 250 ppm. It is the Agency's opinion that with the low emission cold cleaning and vapor degreasing equipment designed for this use, the 25 ppm limit of the HCFC-225 ca isomer can be met. The company is submitting further exposure monitoring data. Precision Cleaning w/CFC-113, MCF HCFC-225 ca/cb Acceptable Subject to the company set exposure limit of 25 ppm of the -ca isomer HCFC-225 ca/cb blend is offered as a 45%-ca/55%-cb blend. The company set exposure limit of the -ca isomer is 25 ppm. The company set exposure limit of the -cb isomer is 250 ppm. It is the Agency's opinion that with the low emission cold cleaning and vapor degreasing equipment designed for this use, the 25 ppm limit of the HCFC-225 ca isomer can be met. The company is submitting further exposure monitoring data. Solvent Cleaning Sector—Unacceptable Substitutes End use Substitute Decision Comments Metals cleaning w/CFC-113 Dibromomethane Unacceptable High ODP; other alternatives exist. Metals cleaning w/MCF Dibromomethane Unacceptable High ODP; other alternatives exist. Electronics cleaning w/CFC-113 Dibromomethane Unacceptable High ODP; other alternatives exist. Electronics cleaning w/MCF Dibromomethane Unacceptable High ODP; other alternatives exist. Precision cleaning w/CFC-113 Dibromomethane Unacceptable High ODP; other alternatives exist. Precision cleaning w/MCF Dibromomethane Unacceptable High ODP; other alternatives exist. Fire Suppression and Explosion Protection—Acceptable Subject to Use Conditions: Total Flooding Agents Application Substitute Decision Conditions Comments Halon 1301 Total Flooding Agents Inert Gas/Powdered Aerosol Blend Acceptable as a Halon 1301 substitute in normally unoccupied areas In areas where personnel could possibly be present, as in a cargo area, EPA requires that the employer shall provide a pre-discharge employee alarm capable of being perceived above ambient light or noise levels for alerting employees before system discharge. The pre-discharge alarm shall provide employees time to safely exit the discharge area prior to system discharge The manufacturer's SNAP application requested listing for use in unoccupied areas only. Additional Comments 1—Must conform with OSHA 29 CFR 1910 Subpart L Section 1910.160 of the U.S. Code. You should use clean agents in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. 2—Per OSHA requirements, protective gear (SCBA) must be available in the event personnel must enter/reenter the area. 3—Discharge testing should be strictly limited only to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. Fire Suppression and Explosion Protection—Acceptable Subject to Narrowed Use Limits: Total Flooding Agents End-use Substitute Decision Conditions Further information Total flooding Sulfurhexafluoride (SF 6 Acceptable subject to narrowed use in limits May be used as a discharge test agent in military uses and in civilian aircraft uses only This agent has an atmospheric lifetime greater than 1,000 years, with an estimated 100-year, 500-year, and 1,000-year GWP of 16,100, 26,110 and 32,803 respectively. Users should limit testing only to that which is essential to meet safety or performance requirements. This agent is only used to test new Halon 1301 systems. See additional comments 1, 2, 3, 4, 5. Total flooding CF 3 Acceptable subject to narrowed use limits Use only in normally unoccupied areas Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. Manufacturer has not applied for listing for use in normally occupied areas. Preliminary cardiosensitization data indicates that this agent would not be suitable for use in normally occupied areas. See additional comments 1, 2, 3, 4, 5. Additional comments: 1—Must conform with relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 5—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. Fire Suppression and Explosion Protection—Unacceptable Substitutes Application Substitute Decision Comments Halon 1301 Total Flooding Agents HFC-32 Unacceptable Data indicate that HFC-32 is flammable and therefore is not suitable as a halon substitute. [60 FR 31103, June 13, 1995, as amended at 67 FR 4200, Jan. 29, 2002; 73 FR 33310, June 12, 2008; 76 FR 17519, Mar. 29, 2011; 77 FR 17350, Mar. 26, 2012; 77 FR 33330, June 6, 2012; 80 FR 42952, July 20, 2015; 81 FR 86881, Dec. 1, 2016; 87 FR 26292, May 4, 2022] Appendix C to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Listed in the May 22, 1996 Final Rule, Effective June 21, 1996 Refrigeration and Air Conditioning Sector—Acceptable Subject to Use Conditions HCFC Blend Delta and Blend Zeta are acceptable subject to the following conditions when used to retrofit a CFC-12 motor vehicle air conditioning system: 1. Each refrigerant may only be used with a set of fittings that is unique to that refrigerant. These fittings (male or female, as appropriate) must be used with all containers of the refrigerant, on can taps, on recovery, recycling, and charging equipment, and on all air conditioning system service ports. These fittings must be designed to mechanically prevent cross-charging with another refrigerant. A refrigerant may only be used with the fittings and can taps specifically intended for that refrigerant. Using an adapter or deliberately modifying a fitting to use a different refrigerant will be a violation of this use condition. In addition, fittings shall meet the following criteria, derived from Society of Automotive Engineers (SAE) standards and recommended practices: a. When existing CFC-12 service ports are to be retrofitted, conversion assemblies shall attach to the CFC-12 fitting with a thread lock adhesive and/or a separate mechanical latching mechanism in a manner that permanently prevents the assembly from being removed. b. All conversion assemblies and new service ports must satisfy the vibration testing requirements of sections 3.2.1 or 3.2.2 of SAE J1660, as applicable, excluding references to SAE J639 and SAE J2064, which are specific to HFC-134a. c. In order to prevent discharge of refrigerant to the atmosphere, systems shall have a device to limit compressor operation before the pressure relief device will vent refrigerant. This requirement is waived for systems that do not feature such a pressure relief device. d. All CFC-12 service ports not retrofitted with conversion assemblies shall be rendered permanently incompatible for use with CFC-12 related service equipment by fitting with a device attached with a thread lock adhesive and/or a separate mechanical latching mechanism in a manner that prevents the device from being removed. 2. When a retrofit is performed, a label must be used as follows: a. The person conducting the retrofit must apply a label to the air conditioning system in the engine compartment that contains the following information: i. The name and address of the technician and the company performing the retrofit. ii. The date of the retrofit. iii. The trade name, charge amount, and, when applicable, the ASHRAE refrigerant numerical designation of the refrigerant. iv. The type, manufacturer, and amount of lubricant used. v. If the refrigerant is or contains an ozone-depleting substance, the phrase “ozone depleter.” vi. If the refrigerant displays flammability limits as measured according to ASTM E681, the statement “This refrigerant is FLAMMABLE. Take appropriate precautions.” b. This label must be large enough to be easily read and must be permanent. c. The background color must be unique to the refrigerant. d. The label must be affixed to the system over information related to the previous refrigerant, in a location not normally replaced during vehicle repair. e. Information on the previous refrigerant that cannot be covered by the new label must be permanently rendered unreadable. 3. No substitute refrigerant may be used to “top-off” a system that uses another refrigerant. The original refrigerant must be recovered in accordance with regulations issued under section 609 of the CAA prior to charging with a substitute. Solvent Cleaning Sector—Proposed Acceptable Subject to Use Conditions Substitutes Application Substitute Decision Conditions Comments Metals Cleaning with CFC-113, MCF and HCFC-141b Monochlorotoluenes and benzotrifluorides Acceptable Subject to a 50 ppm workplace standard for monochlorotoluenes and a 25 ppm standard for benzotrifluorides The workplace standard for monochlorotoluenes is based on an OSHA PEL of 50 ppm for orthochlorotoluene. The workplace standard for benzotrifluorides is based on a recent toxicology study. Electronics Cleaning w/ CFC-113, MCF and HCFC-141b Monochlorotoluenes and benzotrifluorides Acceptable Subject to a 50 ppm workplace standard for monochlorotoluenes and a 25 ppm standard for benzotrifluorides The workplace standard for monochlorotoluenes is based on an OSHA PEL of 50 ppm for orthochlorotoluene. The workplace standard for benzotrifluorides is based on a recent toxicology study. Precision Cleaning w/ CFC-113, MCF and HCFC-141b Monochlorotoluenes and benzotrifluorides Acceptable Subject to a 50 ppm workplace standard for monochlorotoluenes and a 25 ppm standard for benzotrifluorides The workplace standard for monochlorotoluenes is based on an OSHA PEL of 50 ppm for orthochlorotoluene. The workplace standard for benzotrifluorides is based on a recent toxicology study. Acceptable Subject to Narrowed Use Limits: Streaming Agents Application Substitute Decision Comments Halon 1211 CF 3 Acceptable in non-residential uses only Streaming Agents Aerosols—Proposed Acceptable Subject to Use Conditions Substitutes Application Substitute Decision Conditions Comments CFC-113, MCF and HCFC-141b as solvent Monochlorotoluenes and benzotrifluo-rides Acceptable Subject to a 50 ppm workplace standard for monochlorotoluenes and a 25 ppm standard for benzotrifluorides The workplace standard for monochlorotoluenes is based on an OSHA PEL of 50 ppm for orthochlorotoluene. The workplace standard for benzotrifluorides is based on a recent toxicology study. Adhesives, Coatings and Inks—Proposed Acceptable Subject to Use Conditions Substitutes Application Substitute Decision Conditions Comments CFC-113, MCF and HCFC-141b Monochlorotoluenes and benzotrifluo-rides Acceptable Subject to a 50 ppm workplace standard for monochlorotoluenes and a 25 ppm standard for benzotrifluorides The workplace standard for monochlorotoluenes is based on an OSHA PEL of 50 ppm for orthochlorotoluene. The workplace standard for benzotrifluorides is based on a recent toxicology study. [61 FR 25592, May 22, 1996, as amended at 67 FR 4201, Jan. 29, 2002] Effective Date Note: At 61 FR 25592, May 22, 1996, appendix C to subpart G of part 82 was added. This appendix contains information collection and recordkeeping requirements that will not become effective until approval has been given by the Office of Management and Budget. Appendix D to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Summary of Decisions Refrigeration and Air Conditioning Sector Acceptable Subject to Use Conditions R-406A/“GHG”/“McCool”, “GHG-HP”, “GHG-X4”/“Autofrost”/“Chill-It”, and “Hot Shot”/“Kar Kool” are acceptable substitutes for CFC-12 in retrofitted motor vehicle air conditioning systems (MVACs) subject to the use condition that a retrofit to these refrigerants must include replacing non-barrier hoses with barrier hoses. For all refrigerants submitted for use in motor vehicle air conditioning systems, subsequent to the effective date of this FRM, in addition to the information previously required in the March 18, 1994 final SNAP rule (58 FR 13044), SNAP submissions must include specifications for the fittings similar to those found in SAE J639, samples of all fittings, and the detailed label described below at the same time as the initial SNAP submission, or the submission will be considered incomplete. Under section 612 of the Clean Air Act, substitutes for which submissions are incomplete may not be sold or used, regardless of other acceptability determinations, and the prohibition against sale of a new refrigerant will not end until 90 days after EPA determines the submission is complete. In addition, the use of a) R-406A/“GHG”/“McCool”, “HCFC Blend Lambda”/“GHG-HP”, R-414A/“HCFC Blend Xi”/“GHG-X4/“Autofrost”/“Chill-It”, R-414B/“Hot Shot”/“Kar Kool”, and R-416A/“HCFC Blend Beta”/“FREEZE 12” as CFC-12 substitutes in retrofitted MVACs, and b) all refrigerants submitted for, and listed in, subsequent Notices of Acceptability as substitutes for CFC-12 in MVACs, must meet the following conditions. 1. Each refrigerant may only be used with a set of fittings that is unique to that refrigerant. These fittings (male or female, as appropriate) must be designed by the manufacturer of the refrigerant. The manufacturer is responsible to ensure that the fittings meet all of the requirements listed below, including testing according to SAE standards. These fittings must be designed to mechanically prevent cross-charging with another refrigerant, including CFC-12. The fittings must be used on all containers of the refrigerant, on can taps, on recovery, recycling, and charging equipment, and on all air conditioning system service ports. A refrigerant may only be used with the fittings and can taps specifically intended for that refrigerant and designed by the manufacturer of the refrigerant. Using a refrigerant with a fitting designed by anyone else, even if it is different from fittings used with other refrigerants, is a violation of this use condition. Using an adapter or deliberately modifying a fitting to use a different refrigerant is a violation of this use condition. Fittings shall meet the following criteria, derived from Society of Automotive Engineers (SAE) standards and recommended practices: a. When existing CFC-12 service ports are retrofitted, conversion assemblies shall attach to the CFC-12 fitting with a thread lock adhesive and/or a separate mechanical latching mechanism in a manner that permanently prevents the assembly from being removed. b. All conversion assemblies and new service ports must satisfy the vibration testing requirements of section 3.2.1 or 3.2.2 of SAE J1660, as applicable, excluding references to SAE J639 and SAE J2064, which are specific to HFC-134a. c. In order to prevent discharge of refrigerant to the atmosphere, systems shall have a device to limit compressor operation before the pressure relief device will vent refrigerant. d. All CFC-12 service ports not retrofitted with conversion assemblies shall be rendered permanently incompatible for use with CFC-12 related service equipment by fitting with a device attached with a thread lock adhesive and/or a separate mechanical latching mechanism in a manner that prevents the device from being removed. 2. When a retrofit is performed, a label must be used as follows: a. The person conducting the retrofit must apply a label to the air conditioning system in the engine compartment that contains the following information: i. The name and address of the technician and the company performing the retrofit. ii. The date of the retrofit. iii. The trade name, charge amount, and, when applicable, the ASHRAE refrigerant numerical designation of the refrigerant. iv. The type, manufacturer, and amount of lubricant used. v. If the refrigerant is or contains an ozone-depleting substance, the phrase “ozone depleter”. vi. If the refrigerant displays flammability limits as measured according to ASTM E681, the statement “This refrigerant is FLAMMABLE. Take appropriate precautions.” b. The label must be large enough to be easily read and must be permanent. c. The background color must be unique to the refrigerant. d. The label must be affixed to the system over information related to the previous refrigerant, in a location not normally replaced during vehicle repair. e. In accordance with SAE J639, testing of labels must meet ANSI/UL 969-1991. f. Information on the previous refrigerant that cannot be covered by the new label must be rendered permanently unreadable. 3. No substitute refrigerant may be used to “top-off” a system that uses another refrigerant. The original refrigerant must be recovered in accordance with regulations issued under section 609 of the CAA prior to charging with a substitute. Solvent Cleaning Sector [Acceptable Subject to Use Conditions Substitutes] Application Substitute Decision Conditions Comments Electronics Cleaning w/CFC-113 and MCF HFC-4310mee Acceptable Subject to a 200 ppm time-weighted average workplace exposure standard and a 400 ppm workplace exposure ceiling Precision Cleaning w/CFC-113 and MCF HFC-4310mee Acceptable Subject to a 200 ppm time-weighted average workplace exposure standard and a 400 ppm workplace exposure ceiling Solvent Sector [Acceptable Subject to Narrowed Use Limits] Application Substitute Decision Comments Electronics Cleaning w/CFC-113 and MCF Perfluoropolyethers Perfluoropolyethers are acceptable substitutes for CFC-113 and MCF in the precision cleaning sector for high performance, precision-engineered applications only where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements PFPEs have similar global warming profile to the PFCs, and the SNAP decision on PFPEs parallels that for PFCs. Precision Cleaning w/CFC-113 and MCF Perfluoropolyethers Perfluoropolyethers are acceptable substitutes for CFC-113 and MCF in the precision cleaning sector for high performance, precision-engineered applications only where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements PFPEs have similar global warming profile to the PFCs, and the SNAP decision on PFPEs parallels that for PFCs. Unacceptable Substitutes End-use Substitute Decision Comments Electronics Cleaning w/CFC-113 and MCF HCFC-141b Extension of existing unacceptability determination to grant existing uses in high-performance electronics permission to continue until January 1, 1997 This determination extends the use date for HCFC-141b in solvent cleaning, but only for existing users in high-performance electronics and only for one year. Precision Cleaning w/CFC-113 and MCF HCFC-141b Extension of existing unacceptability determination to grant existing uses in precision cleaning permission to continue until January 1, 1997 This determination extends the use date for HCFC-141b in solvent cleaning, but only for existing users in precision cleaning and only for one year. Aerosols Sector Acceptable Subject to Narrowed Use Limits Application Substitute Decision Comments CFC-113, MCF, and HCFC-141b as aerosol solvents Perfluorocarbons Perfluorocarbons are acceptable substitutes for aerosol applications only where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements PFCs have extremely long atmospheric lifetimes and high Global Warming Potentials. This decision reflects these concerns and is patterned after the SNAP decision on PFCs in the solvent cleaning sector. Perfluoropolyethers Perfluorocarbons are acceptable substitutes for aerosol applications only where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements PFPEs have similar global warming profile to the PFCs, and the SNAP decision on PFPEs parallels that for PFCs in the solvent cleaning sector. Unacceptable Substitutes End-use Substitute Decision Comments CFC-11, CFC-12, HCFC-22, and HCFC-142b as aerosol propellants SF6 Unacceptable SF6 has the highest GWP of all industrial gases, and other compressed gases meet user needs in this application equally well. [61 FR 54040, Oct. 16, 1996, as amended at 80 FR 42953, July 20, 2015] Appendix E to Subpart G of Part 82—Unacceptable Substitutes Listed in the January 26, 1999 Final Rule, Effective January 26, 1999 Refrigeration and Air-Conditioning Sector Unacceptable Substitutes End-use Substitute Decision Comments All refrigeration and air-conditioning end uses MT-31 Unacceptable Chemical contained in this blend presents unacceptable toxicity risk. [64 FR 3865, Jan. 26, 1999] Appendix F to Subpart G of Part 82—Unacceptable Substitutes Listed in the January 26, 1999 Final Rule, Effective January 26, 1999 Refrigeration and Air-Conditioning Sector UnacceptabLe Substitutes End-use Substitute Decision Comments All refrigeration and air-conditioning end uses Hexafluoropropylene (HFP) and all HFP-containing blends Unacceptable Presents unacceptable toxicity risk. [64 FR 3868, Jan. 26, 1999] Appendix G to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Listed in the March 3, 1999, Final rule, Effective April 2, 1999 Refrigerants Unacceptable Substitutes End-use Substitute Decision Comments CFC-12, R-502, and HCFC-22 Household Refrigeration, Transport Refrigeration, Vending Machines, Cold Storage Warehouses, and Retail Food Refrigeration, Retrofit and New Self-Chilling Cans-Using HFC-134a or HFC-152a Unacceptable Unacceptably high greenhouse gas emissions from direct release of refrigerant to the atmosphere. [64 FR 10378, Mar. 3, 1999] Appendix H to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes, Effective May 28, 1999 CFC-12 Automobile and Non-automobile Motor Vehicle Air Conditioners, Retrofit and New Criteria for Uniqueness of Fittings (a) All fittings for alternative motor vehicle refrigerants must meet the following requirements: (1) High-side screw-on fittings for each refrigerant must differ from high-side screw-on fittings for all other refrigerants, including CFC-12, and from low-side screw-on fittings for CFC-12; (2) Low-side screw-on fittings for each refrigerant must differ from low-side screw-on fittings for all other refrigerants, including CFC-12; (3) High-side screw-on fittings for a given refrigerant must differ from low-side screw-on fittings for that refrigerant, to protect against connecting a low-pressure system to a high-pressure one; (4) High-side quick-connect fittings for each refrigerant must differ from high-side quick-connect fittings for all other refrigerants, including CFC-12 (if they exist); (5) Low-side quick-connect fittings for each refrigerant must differ from low-side quick-connect fittings for all other refrigerants, including CFC-12 (if they exist); (6) High-side quick-connect fittings for a given refrigerant must differ from low-side quick-connect fittings for that refrigerant, to protect against connecting a low-pressure system to a high-pressure one; (7) For each type of container, the fitting for each refrigerant must differ from the fitting for that type of container for all other refrigerants, including CFC-12. (b) For screw-on fittings, “differ” means that either the diameter must differ by at least 1/16 (c) The sole exception to the 1/16 1/16 Refrigeration and Air Conditioning—Unacceptable Substitutes End-use Substitute Decision Comments All HCFC-22 end-uses, retrofit and new NARM-22 Unacceptable This blend contains HCFC-22, and it is inappropriate to use such a blend as a substitute for HCFC-22. In addition, this blend contains HFC-23, which has an extremely high GWP and lifetime. Other substitutes for HCFC-22 exist that do not contain either HCFC-22 or HFC-23. Solvents Cleaning—Unacceptable Substitutes End-use Substitute Decision Comments Metals, Electronic, and Precision cleaning with CFC-113, methyl chloroform, and HCFC-141b Chlorobromo-methane Unacceptable Other alternatives exist with zero or much lower ODP. Fire Suppression and Explosion Protection—Acceptable Subject to Narrowed Use Limits: Total Flooding Agents End-use Substitute Decision Conditions Further information Total flooding HFC-236fa Acceptable subject to narrowed use limits. Acceptable when manufactured using any process that does not convert perfluoroisobutylene (PFIB) directly to HFC-236fa in a single step: Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Systems. Documentation of such measures should be available for review upon request. Total flooding C 3 8 Acceptable subject to narrowed use limits. Acceptable for nonresidential uses where other alternatives are not technically feasible due to performance or safety requirements: Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. (iii) determine that human exposure to the other alternative extinguishing agents may result in failure to meet safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. Total flooding C 4 10 Acceptable subject to narrowed use limits. Acceptable for nonresidential uses where other alternatives are not technically feasible due to performance or safety requirements: Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. (iii) determine that human exposure to the other alternative extinguishing agents may result in failure to meet safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. Additional comments: 1—Should conform with relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 5—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. Fire Suppression and Explosion Protection—Streaming Agents—Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Conditions Comments Halon 1211 C6F14 Acceptable for nonresidential uses where other alternatives are not technically feasible due to performance or safety requirements: (a) because of their physical or chemical properties, or (b) where human exposure to the extinguishing agents may result in failure to meet applicable use conditions. Users should observe the limitations on PFC acceptability by taking the following measures: (i) conduct an evaluation of foreseeable conditions of end-use; (ii) determine that the physical or chemical properties or other technical constraints of the other available agents preclude their use; and (iii) determine that human exposure to the other alternative extinguishing agents may result in failure to meet applicable use conditions Documentation of such measures should be available for review upon request. The principal environmental characteristic of concern for PFCs is that they have high GWPs and long atmospheric lifetimes. Actual contributions to global warming depend upon the quantities of PFCs emitted. For additional guidance regarding applications in which PFCs may be appropriate, users should consult the description of potential uses which is included in the March 18, 1994 Final Rule (59 FR 13044.) See comments 1, 2. Halon 1211 replacement HFC-236fa Acceptable in nonresidential uses when manufactured using any process that does not convert perfluoroisobutylene (PFIB) directly to HFC-236fa in a single step. See comments 1, 2, 3. Halon 1211 replacement HFC-227ea Acceptable in nonresidential uses only. See comments 1, 2. Additional comments: 1—Discharge testing and training should be strictly limited only to that which is essential to meet safety or performance requirements. 2—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 3—Acceptable for local application systems inside textile process machinery. Fire Suppression and Explosion Protection—Total Flooding Agents—Unacceptable Substitutes End-use Substitute Decision Comments Halon 1301 replacement Chlorobromo-methane Unacceptable Other alternatives exist with zero or lower ODP; OSHA regulations prohibit its use as extinguishing agent in fixed extinguishing systems where employees may be exposed. See 29 CFR 1910.160(b)(11). Aerosols—Unacceptable Substitutes End-use Substitute Decision Comments Solvent in aerosols with CFC-113, MCF, or HCFC-141b Chlorobromo-methane Unacceptable Other alternatives exist with zero or much lower ODP. Adhesives, Coatings, and Inks—Unacceptable Substitutes End-use Substitute Decision Comments Solvent in adhesives, coatings, and inks with CFC-113 Chlorobromo-methane Unacceptable Other alternatives exist with zero or much lower ODP. Solvent in adhesives, coatings, and inks with MCF Chlorobromo-methane Unacceptable Other alternatives exist with zero or much lower ODP. Solvent in adhesives, coatings and inks with HCFC-141b Chlorobromo-methane Unacceptable Other alternatives exist with zero or much lower ODP. [64 FR 22996, Apr. 28, 1999, as amended at 67 FR 4201, Jan. 29, 2002] Appendix I to Subpart G of Part 82—Substitutes Subject to Use Restrictions, Listed in the April 26, 2000, Final Rule, Effective May 26, 2000 Fire Suppression and Explosion Protection—Streaming Agents [Substitutes Acceptable Subject to Narrowed Use Limits] End Use Substitute Decision Limitations Comments Halon 1211 Streaming Agents HCFC Blend E Acceptable Nonresidential uses only As with other streaming agents, EPA recommends that potential risks of combustion byproducts be labeled on the extinguisher (see UL 2129). Additional Comments: 1. Discharge testing and training should be strictly limited only to that which is essential to meet safety or performance requirements. 2. The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. [65 FR 24392, Apr. 26, 2000, as amended at 67 FR 4202, Jan. 29, 2002] Appendix J to Subpart G of Part 82—Substitutes listed in the January 29, 2002 Final Rule, effective April 1, 2002 Fire Suppression and Explosion Protection Section—Total Flooding Substitutes—Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Conditions Further information Total flooding HFC Blend B (Halotron II ®) Acceptable subject to narrowed use limits Acceptable in areas that are not normally occupied only See additional comments 1, 2, 3, 4, 5. Additional comments: 1—Should conform to relevant OSHA requirements, including 29 CFR 1910, subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 5—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. Fire Suppression and Explosion Protection Sector—Total Flooding Substitutes—Unacceptable Substitutes End-Use Substitute Decision Further Information Halon 1301 HBFC-22B1 Unacceptable HBFC-22B1 is a Class I ozone depleting substance with an ozone depletion potential of 0.74. Total Flooding Agents The manufacturer of this agent terminated production of this agent January 1, 1996, except for critical uses, and removed it from the market because it is a fetal toxin. [67 FR 4202, Jan. 29, 2002, as amended at 71 FR 56367, Sept. 27, 2006] Appendix K to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Listed in the July 22, 2002, Final Rule Effective August 21, 2002 Foam Blowing—Unacceptable Substitutes End-use Substitute Decision Comments Replacements for HCFC-141b in the following rigid polyurethane/polyisocyanurate applications: HCFC-22, HCFC-142b and blends thereof Unacceptable Closed cell foam products and products containing closed cell foams manufactured with these substitutes on or before December 1, 2017 may be used after that date Alternatives exist with lower or zero-ODP. All foam end-uses HCFC-124 Unacceptable Closed cell foam products and products containing closed cell foams manufactured with this substitute on or before December 1, 2017 may be used after that date Alternatives exist with lower or zero-ODP. [81 FR 86883, Dec. 1, 2016] Appendix L to Subpart G of Part 82—Substitutes Listed in the January 27, 2003, Final Rule, Effective March 28, 2003 Fire Suppression and Explosion Protection Sector—Total Flooding Substitutes—Acceptable Subject to Use Conditions End-use Substitute Decision Conditions Comments Total flooding HFC227-BC Acceptable subject to use conditions Sodium bicarbonate release in all settings should be targeted so that increased pH level would not adversely affect exposed individuals. Users should provide special training to individuals required to be in environments protected by HFC227-BC extinguishing systems Use of the agent, HFC-227ea, should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. See Additional comments. 1—Should conform with relevant OSHA requirements, including 29 CFR part 1910, subpart L, sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 5—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment ( e.g., Fire Suppression and Explosion Protection Sector—Streaming Agents—Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Conditions Comments Streaming C6-perfluoroketone (FK-5-1-12MYY2) Acceptable subject to narrowed use limits For use only in nonresidential areas For operations that fill canisters to be used in streaming applications, EPA recommends the following: See Streaming H Galden HFPEs Acceptable subject to narrowed use limits For use only in nonresidential areas For operations that fill canisters to be used in streaming applications, EPA recommends the following: See Additional comments. 1—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 2—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 3—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment ( e.g., 4—As with other streaming agents, EPA recommends that potential risks of combustion by-products be labelled on the extinguisher ( see [68 FR 4010, Jan. 27, 2003] Appendix M to Subpart G of Part 82—Unacceptable Substitutes Listed in the September 30, 2004 Final Rule, Effective November 29, 2004 Foam Blowing—Unacceptable Substitutes End-use Substitute Decision Comments All foam end-uses: HCFC-141b Unacceptable Closed cell foam products and products containing closed cell foams manufactured with this substitute on or before December 1, 2017 may be used after that date Alternatives exist with lower or zero-ODP. —rigid polyurethane slabstock and other foams 1 1 https://www.epa.gov/snap/foam-blowing-agents. [81 FR 86883, Dec. 1, 2016] Appendix N to Subpart G of Part 82 [Reserved] Appendix O to Subpart G of Part 82—Substitutes Listed in the September 27, 2006 Final Rule, Effective November 27, 2006 Fire Suppression and Explosion Protection Sector—Total Flooding Substitutes—Acceptable Subject to Use Conditions End-use Substitute Decision Conditions Further information Total flooding Gelled Halocarbon/Dry Chemical Suspension (Envirogel) with sodium bicarbonate additive Acceptable subject to use conditions Use of whichever hydrofluorocarbon gas (HFC-125, HFC-227ea, or HFC-236fa) is employed in the formulation must be in accordance with all requirements for acceptability ( i.e., Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems, for whichever hydrofluorocarbon gas is employed, and the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems. Users should provide special training, including the potential hazards associated with the use of the HFC agent and sodium bicarbonate, to individuals required to be in environments protected by Envirogel with sodium bicarbonate additive extinguishing systems. Each extinguisher should be clearly labeled with the potential hazards from use and safe handling procedures. See additional comments 1, 2, 3, 4, 5. Total flooding Phosphorous Tribromide (PBr 3 Acceptable subject to use conditions For use only in aircraft engine nacelles For establishments manufacturing the agent or filling, installing, or servicing containers or systems, EPA recommends the following: —training for safe handling procedures should be provided to all employees that would be likely to handle containers of the agent or extinguishing units filled with the agent; and —all spills should be cleaned up immediately in accordance with good industrial hygiene practices. See additional comments 1, 2, 3, 4, 5. Additional comments: 1—Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 5—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. [71 FR 56367, Sept. 27, 2006, as amended at 81 FR 86883, Dec. 1, 2016; 86 FR 24471, May 6, 2021] Appendix P to Subpart G of Part 82—Substitutes Listed in the September 27, 2006 Final Rule, Effective November 27, 2006 Fire Suppression and Explosion Protection Sector—Total Flooding Agents—Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Conditions Further information Total flooding Gelled Halocarbon/Dry Chemical Suspension with any agent other than ammonium polyphosphate or sodium bicarbonate additive (Envirogel with sodium bicarbonate additive) Acceptable subject to narrowed use limits For use only in normally unoccupied areas Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems, for whichever hydrofluorocarbon gas is employed. Additional comments: 1—Should conform to relevant OSHA requirements, including 29 CFR 1910, subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 5—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment ( e.g. [71 FR 56367, Sept. 27, 2006] Appendix Q to Subpart G of Part 82—Unacceptable Substitutes Listed in the March 28, 2007 Final Rule, Effective May 29, 2007 Foam Blowing Unacceptable Substitutes End-use Substitute Decision Further information —Rigid polyurethane commercial refrigeration HCFC-22, HCFC-142b as substitutes for HCFC-141b Unacceptable 1 Alternatives exist with lower or zero-ODP. —Rigid polyurethane and polyisocyanurate laminated boardstock HCFC-22, HCFC-142b as substitutes for CFCs Unacceptable 2 Alternatives exist with lower or zero-ODP. 1 2 [81 FR 86885, Dec. 1, 2016] 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, in the April 28, 2023, Final Rule, Effective May 30, 2023, and in the June 13, 2024, Final Rule, Effective July 15, 2024 Substitutes That Are Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information 1. Household refrigerators, freezers, and combination refrigerators and freezers (New equipment only) Isobutane (R-600a), Propane (R-290), R-441A Acceptable subject to use conditions As of September 7, 2018: These refrigerants may be used only in new equipment designed specifically and clearly identified for the refrigerant ( i.e., 1 2 6 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation), 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). 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. 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. 2. Retail Food Refrigeration—stand-alone units only (New equipment only) manufactured on or after February 21, 2012, and up to but not including 7/15/2024 Isobutane (R-600a) Propane (R-290) R-441A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerants ( i.e., 1 2 3 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (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.” 1 4 equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. 1 16 i.e., 3. Retail Food Refrigeration—stand-alone units only (New equipment only) manufactured from 7/15/2024, through September 29, 2024, or equipment manufactured on or after September 30, 2024, except for equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 471 1 2 3 Isobutane (R-600a) Propane (R-290) R-441A Acceptable subject to use conditions These substitutes may only be used in equipment that meets requirements of either: 1 2 3 1 9 12 1 2 8 4. Retail Food Refrigeration—stand-alone units only (New equipment only) manufactured on or after September 30, 2024, except for equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 471 1 2 3 Isobutane (R-600a) Propane (R-290) R-441A Acceptable subject to use conditions This refrigerant may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 9 12 1 2 8 1 9 12 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “DANGER—Risk of Fire Or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing” when working on equipment containing flammable refrigerants. 1 2 8 b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. 2 2 (f) For non-fixed equipment, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk Of Fire Or Explosion—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, 1 2 8 1 13 14 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 9 10 11 5. Very low temperature refrigeration. Non-mechanical heat transfer (New equipment only) Ethane (R-170) Acceptable subject to use conditions This refrigerant may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 2 3 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (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.” 1 4 should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling ethane. Special care should be taken to avoid contact with the skin since ethane, like many refrigerants, can cause freeze burns on the skin. 1 16 i.e., 6. Vending machines (New equipment only) Isobutane (R-600a), Propane (R-290), R-441A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerants ( i.e., 1 2 5 1 2 5 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (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.” A Class B dry powder type fire extinguisher should be kept nearby. All of these markings must be in letters no less than 6.4 mm ( 1 4 7. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only (New equipment only) Propane (R-290), R-441A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerants ( i.e., 1 2 4 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). As provided in clauses SA6.1.2 to SA6.1.5 of UL 484, 1 2 4 2 2 2 3 1 4 Any recovery equipment used should be designed for flammable refrigerants. 1 16 i.e., 8. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only (New equipment only) manufactured from May 10, 2015, and up to but not including May 30, 2023 HFC-32 Acceptable subject to use conditions This refrigerant may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 2 4 1 2 4 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the air conditioner: “DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” 2 2 2 1 4 Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. 1 16 i.e., 9. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only (New equipment only) manufactured from May 30, 2023 through January 1, 2024 HFC-32 Acceptable subject to use conditions This refrigerant may only be used in equipment that meets all requirements in either: 1 2 4 1 2 7 10. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only. (New equipment only) manufactured on or after January 2, 2024 HFC-32 Acceptable subject to use conditions This refrigerant may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 2 7 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: “WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations” 2 2 (g) All of these markings must be in letters no less than 6.4 mm ( 1 4 Room occupants should evacuate the space immediately following the accidental release of this refrigerant. 2 7 1 https://www.epa.gov/dockets, https://www.archives.gov/federal-register/cfr/ibr-locations [email protected] 2 [email protected]; https://ulstandards.ul.com or www.shopulstandards.com 3 4 5 6 7 8 9 [email protected]; https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources 10 11 12 13 https://shop.un.org/books/global-harmon-syst-class-9-92280; [email protected]. 14 [80 FR 19491, Apr. 10, 2015, as amended at 83 FR 38975, Aug. 8, 2018; 88 FR 26418, Apr. 28, 2023; 89 FR 50463, June 13, 2024] Appendix S to Subpart G of Part 82—Substitutes Listed in the September 19, 2012 Final Rule, Effective December 18, 2012 Fire Suppression and Explosion Protection Sector—Acceptable Subject To Use Conditions End-Use Substitute Decision Conditions Further information Total Flooding Powdered Aerosol F (KSA®) as a substitute for Halon 1301 Acceptable subject to use conditions For use only in normally unoccupied areas Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems. Total Flooding Powdered Aerosol G (Dry Sprinkler Powdered Aerosol (DSPA) Fixed Generators) as a substitute for Halon 1301 Acceptable subject to use conditions For use only in normally unoccupied areas Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems. Additional comments: 1—Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 4—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. [77 FR 58043, Sept. 19, 2012] Appendix T to Subpart G of Part 82—Substitutes listed in the April 29, 2013 Final Rule, effective May 29, 2013. Fire Suppression and Explosion Protection Sector—Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Conditions Further Information Streaming C7 Fluoro-ketone as a substitute for Halon 1211 Acceptable subject to narrowed use limits For use only in non-residential applications Use of this agent should be in accordance with the latest edition of NFPA Standard 10 for Portable Fire Extinguishers. Additional comments: 1—Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162. 2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 4—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. [78 FR 25002, Apr. 29, 2013] Appendix U to Subpart G of Part 82—Unacceptable Substitutes and Substitutes Subject to Use Restrictions Listed in the July 20, 2015 Final Rule, Effective August 19, 2015 Aerosols—Unacceptable Substitutes End-use Substitute Decision Further information Propellants HFC-125 Unacceptable as of January 1, 2016 HFC-125 has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 354-33-6 and it is also known by the name 1,1,1,2,2-pentafluoropropane. HFC-125 has a GWP of 3,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Products using this propellant that are manufactured prior to January 1, 2016 may be sold, imported, exported, distributed and used after that date. Propellants HFC-134a Unacceptable as of July 20, 2016, except uses listed as acceptable, subject to use conditions HFC-134a has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 811-97-2 and it is also known by the name 1,1,1,2-tetrafluoropropane. HFC-134a has a GWP of 1,430. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Products using this propellant that are manufactured prior to July 20, 2016 may be sold, imported, exported, distributed and used after that date. Propellants HFC-227ea and blends of HFC-134a and HFC-227ea Unacceptable as of July 20, 2016, except uses listed as acceptable, subject to use conditions HFC-227ea has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 431-89-0 and it is also known by the name 1,1,1,2,3,3,3-heptafluoropropane. HFC-134a has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 811-97-2 and it is also known by the name 1,1,1,2-tetrafluoropropane. Products using these propellants that are manufactured prior to July 20, 2016 may be sold, imported, exported, distributed and used after that date. Propellants HCFC-22 and HCFC-142b Unacceptable effective September 18, 2015 Use or introduction into interstate commerce of virgin HCFC-22 and HCFC-142b for aerosols is prohibited as of January 1, 2010 under EPA's regulations at 40 CFR part 82 subpart A. These propellants have ozone depletion potentials of 0.055 and 0.065, respectively. Solvents HCFC-141b and blends thereof Unacceptable effective September 18, 2015 Use or introduction into interstate commerce of virgin HCFC-141b for aerosols is prohibited as of January 1, 2015 under EPA's regulations at 40 CFR part 82 subpart A. HCFC-141b has an ozone depletion potential of 0.11. Substitutes Acceptable Subject To Use Conditions End-use Substitute Decision Use conditions Further information Propellants HFC-134a Acceptable subject to use conditions The classes of products listed below are acceptable for use from July 20, 2016 through December 31, 2017 and are unacceptable thereafter HFC-134a has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 811-97-2 and it is also known by the name 1,1,1,2-tetrafluoropropane. HFC-134a has a GWP of 1,430. Use is allowed for the specified uses because of the technical and safety demands in these applications. • sprays for aircraft maintenance. Propellants HFC-227ea and blends of HFC-227ea and HFC-134a Acceptable subject to use conditions Acceptable for use in metered dose inhalers approved by the U.S. Food and Drug Administration for medical purposes and unacceptable for all other uses as of July 20, 2016 HFC-227ea has a Chemical Abstracts Service Registry Number (CAS Reg. No.) of 431-89-0 and it is also known by the name 1,1,1,2,3,3,3-heptafluoropropane. HFC-227ea has a GWP of 3,220. Aerosol products using this propellant that are manufactured prior to July 20, 2016 may be sold, imported, exported, distributed and used after that date. Refrigeration and Air Conditioning—Unacceptable Substitutes End-use Substitute Decision Further information Retail food refrigeration (supermarket systems) (new) HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Unacceptable as of January 1, 2017 These refrigerants have GWPs ranging from 2,729 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Retail food refrigeration (supermarket systems) (retrofit) R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Unacceptable as of July 20, 2016 These refrigerants have GWPs ranging from 2,729 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Retail food refrigeration (remote condensing units) (new) HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Unacceptable as of January 1, 2018 These refrigerants have GWPs ranging from 2,729 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Retail food refrigeration (remote condensing units) (retrofit) R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Unacceptable as of July 20, 2016 These refrigerants have GWPs ranging from 2,729 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Retail food refrigeration (stand-alone medium-temperature units with a compressor capacity below 2,200 Btu/hr and not containing a flooded evaporator) (new) FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03 Unacceptable as of January 1, 2019 These refrigerants have GWPs ranging from approximately 900 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. “Medium-temperature” refers to equipment that maintains food or beverages at temperatures above 32 °F (0 °C). Retail food refrigeration (stand-alone medium-temperature units with a compressor capacity below 2,200 Btu/hr and containing a flooded evaporator) (new) FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03 Unacceptable as of January 1, 2020 These refrigerants have GWPs ranging from approximately 900 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. “Medium-temperature” refers to equipment that maintains food or beverages at temperatures above 32 °F (0 °C). Retail food refrigeration (stand-alone medium-temperature units with a compressor capacity equal to or greater than 2,200 Btu/hr) (new) FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03 Unacceptable as of January 1, 2020 These refrigerants have GWPs ranging from approximately 900 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. “Medium-temperature” refers to equipment that maintains food or beverages at temperatures above 32 °F (0 °C). Retail food refrigeration (stand-alone low-temperature units) (new) HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 formulation) Unacceptable as of January 1, 2020 These refrigerants have GWPs ranging from approximately 1,800 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. “Low-temperature” refers to equipment that maintains food or beverages at temperatures at or below 32 °F (0 °C). Retail food refrigeration (stand-alone units only) (retrofit) R-404A, R-507A Unacceptable as of July 20, 2016 These refrigerants have GWPs of approximately 3,922 and 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Vending machines (new only) FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-426A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), SP34E Unacceptable as of January 1, 2019 These refrigerants have GWPs ranging from approximately 1,100 to 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Vending machines (retrofit only) R-404A, R-507A. Unacceptable as of July 20, 2016 These refrigerants have GWPs of approximately 3,922 and 3,985. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Foam Blowing Agents—Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Narrowed use limits Further information Rigid Polyurethane: Appliance HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2020, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Rigid Polyurethane: Commercial Refrigeration and Sandwich Panels HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2020, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Flexible Polyurethane HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2017, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Rigid Polyurethane: Slabstock and Other HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2019, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Rigid Polyurethane and Polyisocyanurate Laminated Boardstock HFC-134a, HFC-245fa, HFC-365mfc and blends thereof Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2017, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Rigid Polyurethane: Marine Flotation Foam HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2020, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Polystyrene: Extruded Sheet HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2017, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Polystyrene: Extruded Boardstock and Billet HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, Formacel B, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2021, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Integral Skin Polyurethane HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2017, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Polyolefin HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2020, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Phenolic Insulation Board and Bunstock HFC-143a, HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof Acceptable Subject to Narrowed Use Limits Acceptable from January 1, 2017, until January 1, 2022, in military applications and until January 1, 2025, in space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Unacceptable Substitutes End-use Substitute Decision Further information All Foam Blowing End-uses HCFC-141b and blends thereof Unacceptable effective September 18, 2015. Closed cell foam products and products containing closed cell foams manufactured with these substitutes on or before December 1, 2017 may be used after that date HCFC-141b has an ozone depletion potential of 0.11 under the Montreal Protocol. EPA previously found HCFC-141b unacceptable in all foam blowing end-uses (appendix M to subpart G of 40 CFR part 82). HCFC-141b has an ozone depletion potential (ODP) of 0.11. All Foam Blowing end-uses HCFC-22, HCFC-142b, and blends thereof Unacceptable effective September 18, 2015. Closed cell foam products and products containing closed cell foams manufactured with these substitutes on or before December 1, 2017 may be used after that date Use or introduction into interstate commerce of virgin HCFC-22 and HCFC-142b for foam blowing is prohibited after January 1, 2010 under EPA's regulations at 40 CFR part 82 subpart A unless used, recovered, and recycled. These compounds have ODPs of 0.055 and 0.065, respectively. Flexible Polyurethane HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof Unacceptable as of January 1, 2017, except where allowed under a narrowed use limit These foam blowing agents have global warming potentials (GWPs) ranging from 725 to 1,430. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Polystyrene: Extruded Sheet HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2017, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Phenolic Insulation Board and Bunstock HFC-143a, HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof Unacceptable as of January 1, 2017, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from 725 to 4,470. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Integral Skin Polyurethane HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2017, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid Polyurethane: Slabstock and Other HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2019, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid Polyurethane and Polyisocyanurate Laminated Boardstock HFC-134a, HFC-245fa, HFC-365mfc and blends thereof Unacceptable as of January 1, 2017, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from 725 to 1,430. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid Polyurethane: Marine Flotation Foam HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2020 except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid Polyurethane: Commercial Refrigeration and Sandwich Panels HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2020 except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid Polyurethane: Appliance HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2020, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Polystyrene: Extruded Boardstock and Billet HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, Formacel B, and Formacel Z-6 Unacceptable as of January 1, 2021, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 140 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Polyolefin HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, and Formacel Z-6 Unacceptable as of January 1, 2020, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 370 to approximately 1,500. Other substitutes will be available for this end-use with lower overall risk to human health and the environment by the status change date. Fire Suppression and Explosion Protection Agents—Unacceptable Substitutes End-use Substitute Decision Further information Total Flooding HCFC-22 Unacceptable effective September 18, 2015 Use or introduction into interstate commerce of virgin HCFC-22 for total flooding fire suppression and explosion protection is prohibited as of January 1, 2010 under EPA's regulations at 40 CFR part 82 subpart A. This chemical has an ozone depletion potential of 0.055. Sterilants—Unacceptable Substitutes End-use Substitute Decision Further information Sterilants Blends containing HCFC-22 Unacceptable effective September 18, 2015 Use or introduction into interstate commerce of virgin HCFC-22 for sterilants is prohibited as of January 1, 2010 under EPA's regulations at 40 CFR part 82 subpart A. This chemical has an ozone depletion potential of 0.055. Adhesives, Coatings and Inks—Unacceptable Substitutes End-use Substitute Decision Further information Adhesives, coatings and inks HCFC-141b and blends thereof Unacceptable effective September 18, 2015 Use or introduction into interstate commerce of virgin HCFC-141b for adhesives, coatings and inks is prohibited as of January 1, 2015 under EPA's regulations at 40 CFR part 82 subpart A. This chemical has an ozone depletion potential of 0.11. [80 FR 42953, July 20, 2015, as amended at 81 FR 86885, Dec. 1, 2016] Appendix V to Subpart G of Part 82—Substitutes Subject to Use Restrictions and Unacceptable Substitutes Listed in the December 1, 2016, Final Rule, Effective January 3, 2017, and Listed in the June 13, 2024 Final Rule, Effective July 15, 2024 Refrigerants—Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information 1. Commercial ice machines (self-contained) (new only) manufactured from January 3, 2017, and up to but not including 7/15/2024 Propane (R-290) Acceptable subject to use conditions This refrigerant may be used only in new equipment designed specifically and clearly identified for the refrigerant— i.e., 1 2 5 (a) “DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.” This marking must be provided on or near any evaporators that can be contacted by the consumer. 1 4 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation), 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. 1 16 i.e., 2. Commercial ice machines (self-contained) (new only) manufactured on or after 7/15/2024, through September 29, 2024, or equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 563 1 2 5 Propane (R-290) Acceptable subject to use conditions This refrigerant may be used only in self-contained commercial ice machines that meet requirements in either: 1 2 5 1 7,8 1,2,6 3. Commercial ice machines (self-contained) (new only) manufacturedon or after September 30, 2024, except for equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 563 1 2 5 Propane (R-290) Acceptable subject to use conditions This refrigerant may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1,7,8 1,7,8 1,2,6 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “DANGER—Risk of Fire Or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. 1,2,5 a. At the top of the marking: “Minimum Installation Height, X m (W ft)”. This marking is only required if required by UL 60335-2-89. The terms “X” and “W” shall be replaced by the numeric height as calculated per UL 60335-2-89. Note that the formatting here is slightly different than the UL Standard; specifically, the height in Inch-Pound units is placed in parentheses and the word “and” has been replaced by the opening parenthesis. b. Immediately below (a) above or at the top of the marking if (a) is not required: “Minimum room area (operating or storage), Y m 2 2 (f) For non-fixed equipment, on the outside of the appliance: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk of Fire Or Explosion—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the Globally Harmonized System of Classification and Labelling of Chemicals GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 11,12 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 7 9 10 4. Very low temperature refrigeration equipment (new only) Propane (R-290) Acceptable subject to use conditions As of January 3, 2017: i.e., 1 2 4 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (a) “DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.” This marking must be provided on or near any evaporators that can be contacted by the consumer. 1 4 Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. i.e., 5. Water coolers (new only) Propane (R-290) Acceptable subject to use conditions This refrigerant may be used only in new equipment designed specifically and clearly identified for the refrigerant— i.e., 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). (a) “DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.” This marking must be provided on or near any evaporators that can be contacted by the consumer. Any recovery equipment used should be designed for flammable refrigerants. i.e., 1 www.epa.gov/dockets www.archives.gov/federal-register/cfr/ibr-locations [email protected] 2 [email protected] https://ulstandards.ul.com www.shopulstandards.com 3 4 5 6 7 [email protected] https://w0ww.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources 8 9 10 11 https://shop.un.org/books/global-harmon-syst-class-9-92280 [email protected] 12 Refrigerants—Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitutes Decision Narrowed use limits Further information Centrifugal chillers (new only) HFC-134a Acceptable subject to narrowed use limits Acceptable after January 1, 2024, only in military marine vessels where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Centrifugal chillers (new only) HFC-134a and R-404A Acceptable subject to narrowed use limits Acceptable after January 1, 2024, only in human-rated spacecraft and related support equipment where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Positive displacement chillers (new only) HFC-134a Acceptable subject to narrowed use limits Acceptable after January 1, 2024, only in military marine vessels where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Positive displacement chillers (new only) HFC-134a and R-404A Acceptable subject to narrowed use limits Acceptable after January 1, 2024, only in human-rated spacecraft and related support equipment where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Refrigerants—Unacceptable Substitutes End-use Substitutes Decision Further information Centrifugal chillers (new only) FOR12A, FOR12B, HFC-134a, HFC-227ea, HFC-236fa, HFC-245fa, R-125/134a/600a (28.1/70/1.9), R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-423A, R-424A, R-434A, R-438A, R-507A, RS-44 (2003 composition), and THR-03 Unacceptable as of January 1, 2024 except where allowed under a narrowed use limit These refrigerants have GWPs ranging from approximately 900 to 9,810. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Centrifugal chillers (new only) Propylene (R-1270) and R-443A Unacceptable as of January 3, 2017 These refrigerants are highly photochemically reactive in the lower atmosphere and may deteriorate local air quality (that is, may increase ground level ozone). Other alternatives are available for this end-use with lower overall risk to human health and the environment. Cold storage warehouses (new only) HFC-227ea, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-423A, R-424A, R-428A, R-434A, R-438A, R-507A, and RS-44 (2003 composition) Unacceptable as of January 1, 2023 These refrigerants have GWPs ranging from approximately 2,090 to 3,990. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Cold storage warehouses (new only) Propylene (R-1270) and R-443A Unacceptable as of January 3, 2017 These refrigerants are highly photochemically reactive in the lower atmosphere and may deteriorate local air quality (that is, may increase ground level ozone). Other alternatives are available for this end-use with lower overall risk to human health and the environment. Household refrigerators and freezers (new only) FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E, and THR-03 Unacceptable as of January 1, 2021 These refrigerants have GWPs ranging from approximately 900 to 3,985. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Positive displacement chillers (new only) FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/134a/600a (28.1/70/1.9), R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-424A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 composition), SP34E, and THR-03 Unacceptable as of January 1, 2024 except where allowed under a narrowed use limit These refrigerants have GWPs ranging from approximately 900 to 3,985. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Positive displacement chillers (new only) Propylene (R-1270) and R-443A Unacceptable as of January 3, 2017 These refrigerants are highly photochemically reactive in the lower atmosphere and may deteriorate local air quality (that is, may increase ground level ozone). Other alternatives are available for this end-use with lower overall risk to human health and the environment. Residential and light commercial air conditioning and heat pumps (new only) Propylene (R-1270) and R-443A Unacceptable as of January 3, 2017 These refrigerants are highly photochemically reactive in the lower atmosphere and may deteriorate local air quality (that is, may increase ground level ozone). Other alternatives are available for this end-use with lower overall risk to human health and the environment. Residential and light commercial air conditioning—unitary split AC systems and heat pumps (retrofit only) All refrigerants identified as flammability Class 3 in ANSI/ASHRAE Standard 34-2013 1 2 3 Unacceptable as of January 3, 2017 These refrigerants are highly flammable and present a flammability risk when used in equipment designed for nonflammable refrigerants. Other alternatives are available for this end-use with lower overall risk to human health and the environment. Retail food refrigeration (refrigerated food processing and dispensing equipment) (new only) HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 formulation) Unacceptable as of January 1, 2021 These refrigerants have GWPs ranging from approximately 1,770 to 3,990. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. 1 http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html 2 http://www.techstreet.com/ashrae/ashrae_standards.html?ashrae_auth_token= 3 Foam Blowing Agents—Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitutes Decision Narrowed use limits Further information Rigid PU: Spray foam—high-pressure two-component HFC-134a, HFC-245fa, and blends thereof; blends of HFC-365mfc with at least four percent HFC-245fa, and commercial blends of HFC-365mfc with seven to 13 percent HFC-227ea and the remainder HFC-365mfc; and Formacel TI Acceptable subject to narrowed use limits Acceptable from January 1, 2020, until January 1, 2025, only in military or space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Rigid PU: Spray foam—low-pressure two-component HFC-134a, HFC-245fa, and blends thereof; blends of HFC-365mfc with at least four percent HFC-245fa, and commercial blends of HFC-365mfc with seven to 13 percent HFC-227ea and the remainder HFC-365mfc; and Formacel TI Acceptable subject to narrowed use limits Acceptable from January 1, 2021, until January 1, 2025, only in military or space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements Users are required to document and retain the results of their technical investigation of alternatives for the purpose of demonstrating compliance. Information should include descriptions of: Foam Blowing Agents—Unacceptable Substitutes End-use Substitutes Decision Further information Flexible PU Methylene chloride Unacceptable as of January 3, 2017 Methylene chloride is a carcinogen and may present a toxicity risk. Other alternatives are available for this end-use with lower overall risk to human health and the environment. Rigid PU: Spray foam—one component foam sealants HFC-134a, HFC-245fa, and blends thereof; blends of HFC-365mfc with at least four percent HFC-245fa, and commercial blends of HFC-365mfc with seven to 13 percent HFC-227ea and the remainder HFC-365mfc; and Formacel TI Unacceptable as of January 1, 2020 These foam blowing agents have GWPs ranging from higher than 730 to approximately 1,500. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid PU: Spray foam—high-pressure two-component HFC-134a, HFC-245fa, and blends thereof; blends of HFC-365mfc with at least four percent HFC-245fa, and commercial blends of HFC-365mfc with seven to 13 percent HFC-227ea and the remainder HFC-365mfc; and Formacel TI Unacceptable as of January 1, 2020, except where allowed under a narrowed use limit. Closed cell foam products and products containing closed cell foams manufactured with these substitutes on or before January 1, 2020, may be used after that date These foam blowing agents have GWPs ranging from higher than 730 to approximately 1,500. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Rigid PU: Spray foam—low-pressure two-component HFC-134a, HFC-245fa, and blends thereof; blends of HFC-365mfc with at least four percent HFC-245fa, and commercial blends of HFC-365mfc with seven to 13 percent HFC-227ea and the remainder HFC-365mfc; and Formacel TI Unacceptable as of January 1, 2021, except where allowed under a narrowed use limit These foam blowing agents have GWPs ranging from higher than 730 to approximately 1,500. Other alternatives will be available for this end-use with lower overall risk to human health and the environment by the status change date. Fire Suppression and Explosion Protection Agents—Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information Streaming 2-BTP Acceptable, subject to use conditions As of January 3, 2017, acceptable only for use in handheld extinguishers in aircraft This fire suppressant has a relatively low GWP of 0.23-0.26 and a short atmospheric lifetime of approximately seven days. Total flooding 2-BTP Acceptable, subject to use conditions As of January 3, 2017, acceptable only for use in engine nacelles and auxiliary power units on aircraft This fire suppressant has a relatively low GWP of 0.23-0.26 and a short atmospheric lifetime of approximately seven days. [81 FR 86889, Dec. 1, 2016, as amended at 89 FR 50474, June 13, 2024] Appendix W to Subpart G of Part 82—Substitutes Listed in the May 6, 2021 Final Rule—Effective June 7, 2021 Refrigerants—Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Narrowed use limits Further information Retail food refrigeration R-448A, R-449A, R-449B Acceptable Subject to Narrowed Use Limits Acceptable only for use in new medium-temperature stand-alone units where reasonable efforts have been made to ascertain that other alternatives are not technically feasible. A possible reason for rejection of one or more other alternative(s) could be based on ADA requirements. Information shall include descriptions of: • Process or product in which the substitute is needed; • Substitutes examined and rejected; • Reason for rejection of other alternatives, e.g., • Anticipated date other substitutes will be available and projected time for switching. Refrigerants—Substitutes Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information Residential and light commercial air conditioning and heat pumps (new only) R-452B, R-454A, R-454B, R-454C and R-457A Acceptable Subject to Use Conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerants ( i.e., 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). The following markings must be attached at the locations provided and must be permanent: 2 2 Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. 1 2 3 (f) For non-fixed equipment, including portable air conditioners, window air conditioners, packaged terminal air conditioners and packaged terminal heat pumps, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment, including rooftop units and split air conditioners, “WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone Matching System (PMS) #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. Residential and light commercial air conditioning and heat pumps (new only), excluding self-contained room air conditioners R-32 Acceptable Subject to Use Conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerants ( i.e., 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). The following markings must be attached at the locations provided and must be permanent: 2 2 Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. 1 2 3 (f) For fixed equipment, including rooftop units and split air conditioners, “WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (g) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone Matching System (PMS) #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. 1 2 [email protected]; www.shopulstandards.com. 3 www.ul.com. [email protected], www.archives.gov/federal-register/cfr/ibr-locations.html. [86 FR 24471, May 6, 2021] Appendix X to Subpart G of Part 82—Substitutes Listed in the April 28, 2023 Final Rule—Effective May 30, 2023 Refrigerants—Substitutes Acceptable Subject to Narrowed Use Limits End-use Substitute Decision Narrowed use limits Further information 1. Very low temperature refrigeration (new only) R-1150 Acceptable Subject to Use Conditions and Narrowed Use Limits • Temperature range—R-1150 may only be used in equipment designed specifically to reach temperatures lower than −80 °C (−112 °F) e.g., Refrigerants—Substitutes Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information 1. Centrifugal Chillers for comfort cooling and Industrial Process Air Conditioning HFC-32, HFO-1234yf, R-452B, R-454A, R-454B, R-454C Acceptable Subject to Use Conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 3 5 1 2 4 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (c) On the inside of the equipment near the compressor: “WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner's Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.” Room occupants should evacuate the space immediately following the accidental release of this refrigerant. 3 5 b. Immediately below marking (a) of this listing 1or at the top of the marking if marking (a) is not required: “Minimum room area (operating or storage), Y m 2 2 1 4 2. Residential Dehumidifiers HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C Acceptable Subject to Use Conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 3 5 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). 3 5 (e) On the equipment near the nameplate: CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. b. Immediately below marking (a) of this listing 2 or at the top of the marking if marking (a) is not required: “Minimum room area (operating or storage), Y m 2 2 1 4 3. Very Low Temperature Refrigeration R-1150 Acceptable Subject to Use Conditions R-1150 may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 3 6 1 4 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (c) Attach 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.” A class B dry powder type fire extinguisher should be kept nearby. 3 5 1 www.epa.gov/dockets, www.archives.gov/federal-register/cfr/ibr-locations.html [email protected]. 2 www.ashrae.org. 3 [email protected]; https://ulstandards.ul.com/ www.comm-2000.com. 4 Addendum a, ANSI—approved February 6, 2020. Addendum b, ANSI—approved February 6, 2020. Addendum c, ANSI—approved September 1, 2020. Addendum d, ANSI—approved April 29, 2022. Addendum e, ANSI—approved January 27, 2022. Addendum f, ANSI—approved September 30, 2020. Addendum i, ANSI—approved July 31, 2020. Addendum j, ANSI—approved October 30, 2020. Addendum k, ANSI—approved October 30, 2020. Addendum m, ANSI—approved June 30, 2022. Addendum n, ANSI—approved May 31, 2022. Addendum o, ANSI—approved April 29, 2022. Addendum q, ANSI—approved May 31, 2022. Addendum r, ANSI—approved May 31, 2022. 5 6 Fire Suppression and Explosion Protection Agents—Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information 1. Total Flooding 2-BTP Acceptable Subject to Use Conditions Acceptable only for use in normally unoccupied spaces under 500 ft 3 This fire suppressant has a relatively low GWP of 0.23-0.26 and a short atmospheric lifetime of approximately seven days. • This agent should be used in accordance with the safety guidelines in the latest edition of NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems; 1 • In the case that 2-BTP is inhaled, person(s) should be immediately removed and exposed to fresh air; if breathing is difficult, person(s) should seek medical attention; • Eye wash and quick drench facilities should be available. In case of ocular exposure, person(s) should immediately flush the eyes, including under the eyelids, with fresh water and move to a non-contaminated area; • Exposed persons should remove all contaminated clothing and footwear to avoid irritation; and medical attention should be sought if irritation develops or persists; • Although unlikely, in case of ingestion of 2-BTP, the person(s) should consult a physician immediately; • Manufacturing space should be equipped with specialized engineering controls and well ventilated with a local exhaust system and low-lying source ventilation to effectively mitigate potential occupational exposure; regular testing and monitoring of the workplace atmosphere should be conducted; • Employees responsible for chemical processing should wear the appropriate PPE, such as protective gloves, tightly sealed goggles, protective work clothing, and suitable respiratory protection in case of accidental release or insufficient ventilation; • All spills should be cleaned up immediately in accordance with good industrial hygiene practices; and • Training for safe handling procedures should be provided to all employees that would be likely to handle containers of the agent or extinguishing units filled with the agent. • Safety features that are typical of total flooding systems such as predischarge alarms, time delays, and system abort switches should be provided, as directed by applicable OSHA regulations and NFPA standards. 1 2. Streaming 2-BTP Acceptable, Subject to Use Conditions Acceptable only for use in non-residential applications, except for commercial home office and personal watercraft This fire suppressant has a relatively low GWP of 0.23-0.26 and a short atmospheric lifetime of approximately seven days. • This agent should be used in accordance with the safety guidelines in the latest edition of NFPA 10, Standard for Portable Fire Extinguishers; 1 • In the case that 2-BTP is inhaled, person(s) should be immediately removed and exposed to fresh air; if breathing is difficult, person(s) should seek medical attention; • Eye wash and quick drench facilities should be available. In case of ocular exposure, person(s) should immediately flush the eyes, including under the eyelids, with fresh water and move to a non-contaminated area; • Exposed persons should remove all contaminated clothing and footwear to avoid irritation; and medical attention should be sought if irritation develops or persists; • Although unlikely, in case of ingestion of 2-BTP, the person(s) should consult a physician immediately; • Manufacturing space should be equipped with specialized engineering controls and well ventilated with a local exhaust system and low-lying source ventilation to effectively mitigate potential occupational exposure; regular testing and monitoring of the workplace atmosphere should be conducted; • Employees responsible for chemical processing should wear the appropriate PPE, such as protective gloves, tightly sealed goggles, protective work clothing, and suitable respiratory protection in case of accidental release or insufficient ventilation; • All spills should be cleaned up immediately in accordance with good industrial hygiene practices; and • Training for safe handling procedures should be provided to all employees that would be likely to handle containers of the agent or extinguishing units filled with the agent. 3. Total Flooding EXXFIRE ® Acceptable Subject to Use Conditions Acceptable only for use in normally unoccupied spaces Use of this agent should be in accordance with the safety guidelines in the latest edition of the NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems. 1 • In the case that EXXFIRE ® is inhaled, person(s) should be immediately removed and exposed to fresh air. • Eye wash and quick drench facilities should be available. In case of ocular exposure, person(s) should immediately flush the eyes with water for a minimum of 15 minutes. • In the case of dermal exposure, the SDS recommends that person(s) should remove large grain particles, rinse with water for a minimum of 15 minutes, and remove all contaminated clothing. • Manufacturing space should be equipped with engineering controls, specifically an adequate exhaust ventilation system, to effectively mitigate potential occupational exposure. • Employees responsible for chemical processing should wear the appropriate personnel protective equipment (PPE), such as protective gloves, tightly sealed goggles, protective work clothing, and suitable respiratory protection in case of accidental release or insufficient ventilation. • All spills should be cleaned up immediately in accordance with good industrial hygiene practices. • Training for safe handling procedures should be provided to all employees that would be likely to handle containers of the agent or extinguishing units filled with the agent. • Safety features that are typical of total flooding systems such as predischarge alarms, time delays, and system abort switches should be provided, as directed by applicable OSHA regulations and NFPA standards. 1 4. Total Flooding Powdered Aerosol H Acceptable Subject to Use Conditions Acceptable only for use in normally unoccupied spaces Use of this agent should be in accordance with the safety guidelines in the latest edition of NFPA 2010, Standard for Fixed Aerosol Fire Extinguishing Systems. 1 • Workers should use appropriate safety and protective equipment ( e.g., • A local exhaust system should be installed and operated to provide adequate ventilation to reduce airborne exposure to Powdered Aerosol H constituents. • An eye wash fountain and quick drench facility should be close to the production area. • Training for safe handling procedures should be provided to all employees that would be likely to handle the containers of the agent or extinguishing units filled with the agent. • Workers responsible for cleanup should allow particulates to settle before reentering area and wear appropriate personal protective equipment. • All spills should be cleaned up immediately in accordance with good industrial hygiene practices. 1 www.nfpa.org. Note 1: EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting the appropriate types of personal protective equipment for all listed fire suppression agents. EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment ( e.g., Note 2: Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR 1910.160 and 1910.162. Note 3: Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. Note 4: Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. Note 5: The agent should be recovered from the fire protection system in conjunction with testing or servicing and recycled for later use or destroyed. [88 FR 26424, Apr. 28, 2023] Appendix Y to Subpart G of Part 82—Substitutes Listed in the June 13, 2024, Final Rule, Effective July 15, 2024 Refrigerants—Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information 1. Retail Food Refrigeration—Stand-alone units and refrigerated food processing and dispensing equipment, excluding refrigerated food processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers) (New only) HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. 1 2 3 (e) On the equipment near the nameplate: 2 2 (f) For non-fixed equipment, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” 1 4 In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border) as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 8 9 9 16 1 4 6 7 2. Retail Food Refrigeration—Refrigerated food processing and dispensing equipment (New only)—excluding refrigerated food processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers) Propane (R-290) Acceptable subject to use conditions This refrigerant may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “DANGER—Risk of Fire Or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. 1 2 3 (e) On the equipment near the nameplate: 2 2 (f) For non-fixed equipment, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk of Fire or Explosion—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 8 9 • Outside of the equipment (label (a)); The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 3. Retail Food Refrigeration—Remote condensing units and supermarket systems (New only) HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. 1 2 3 (e) On the equipment near the nameplate: 2 2 (f) For non-fixed equipment, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, 1 8 9 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 The substitute R-454A may only be used in equipment with a refrigerant charge capacity less than 200 pounds, or in the high-temperature side of a cascade system. 4. Commercial Ice Machines (New only) HFO-1234yf, R-454C, R-455A, R-457A, and R-516A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. 1 2 3 a. If the equipment is delivered packaged, this label shall be applied on the packaging. 2 2 (f) For non-fixed equipment, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. 1 8 9 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 5. Commercial Ice Machines (New only)—as of 7/15/2024, for commercial ice machines with a remote compressor, for batch-type self-contained automatic commercial ice machines with a harvest rate above 1,000 lb ice per 24 hours and for continuous type self-contained automatic commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours; for other types, as of [date reserved] HFC-32, R-454A, R-454B Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). (a) On the outside of the equipment: “WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. 1 2 3 (e) On the equipment near the nameplate: 2 2 (f) For non-fixed equipment, on the outside of the product: “WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.” (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 8 9 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 6. Industrial Process Refrigeration (New only) HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). The following markings must be attached at the locations provided and must be permanent: Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. 1 2 3 (e) On the equipment near the nameplate: 2 2 (g) For fixed equipment that is ducted, near the nameplate: “WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.” (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, 1 8 9 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 The substitute R-454A may only be used in chillers for industrial process refrigeration, in equipment with the refrigerant temperature entering the evaporator less than or equal to − °C, in equipment with a refrigerant charge capacity less than 200 pounds and with the refrigerant temperature entering the evaporator higher than −30 °C, and in the high-temperature side of a cascade system with the refrigerant temperature entering the evaporator higher than −30 °C. The substitutes HFC-32 and R-454B may only be used in chillers for industrial process refrigeration, or in equipment with the refrigerant temperature entering the evaporator less than or equal to −30 °C. 7. Cold Storage Warehouses (New only) HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). The following markings must be attached at the locations provided and must be permanent: Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. 1 2 3 (e) On the equipment near the nameplate: 2 2 1 4 The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, 1 8 9 • Outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 The substitute R-454A may only be used either in equipment with a refrigerant charge capacity less than 200 pounds or in the high-temperature side of a cascade system. 8. Ice Skating Rinks (New only; Equipment with remote compressors) HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A Acceptable subject to use conditions These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerant ( i.e., 1 4 5 1 2 3 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). The following markings must be attached at the locations provided and must be permanent: Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. 2 3 (e) On the equipment near the nameplate: 2 2 (h) All of these markings must be in letters no less than 6.4 mm ( 1 4 In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335-2-89, the equipment may display the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) warning symbol for hazard category 1 flammable gases 1 7 8 • outside of the equipment (label (a)); • on the appliance packaging for a factory-charged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm ( 9 16 1 4 6 7 1 www.epa.gov/dockets; www.archives.gov/federal-register/cfr/ibr-locations [email protected]. 2 [email protected]; https://ulstandards.ul.com www.shopulstandards.com. 3 4 [email protected]; https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources. 5 6 7 8 https://shop.un.org/books/global-harmon-syst-class-9-92280; [email protected]. 9 [89 FR 50479, June 13, 2024] Subpart H—Halon Emissions Reduction Source: 63 FR 11096, Mar. 5, 1998, unless otherwise noted. § 82.250 Purpose and scope. (a) The purpose of this subpart is to reduce the emissions of halon in accordance with section 608 of the Clean Air Act by banning the manufacture of halon blends; banning the intentional release of halons during repair, testing, and disposal of equipment containing halons and during technician training; requiring organizations that employ technicians to provide emissions reduction training; and requiring proper disposal of halons and equipment containing halons. (b) This subpart applies to any person testing, servicing, maintaining, repairing or disposing of equipment that contains halons or using such equipment during technician training. This subpart also applies to any person disposing of halons; to manufacturers of halon blends; and to organizations that employ technicians who service halon-containing equipment. § 82.260 Definitions. Halon-containing equipment Disposal of halon Disposal of halon-containing equipment (1) The discharge, deposit, dumping or placing of any discarded halon-containing equipment into or on any land or water; (2) The disassembly of any halon-containing equipment for discharge, deposit, or dumping or placing of its discarded component parts into or on any land or water; or (3) The disassembly of any halon-containing equipment for reuse of its component parts. Halon Halon product 2 Halon blend Manufacturer Person Technician § 82.270 Prohibitions. (a) Effective April 6, 1998 no person may newly manufacture any halon blend. Halon blends manufactured solely for the purpose of aviation fire protection are not subject to this prohibition, provided that: (1) The manufacturer or its designee is capable of recycling the blend to the relevant industry standards for the chemical purity of each individual halon; (2) The manufacturer includes in all sales contracts for blends produced by it on or after April 6, 1998 the provision that the blend must be returned to it or its designee for recycling; and (3) The manufacturer or its designee in fact recycles blends produced by the manufacturer on or after April 6, 1998 and returned to it for recycling to the relevant industry standards for the chemical purity of each individual halon. (b) Effective April 6, 1998, no person testing, maintaining, servicing, repairing, or disposing of halon-containing equipment or using such equipment for technician training may knowingly vent or otherwise release into the environment any halons used in such equipment. (1) De minimis releases associated with good faith attempts to recycle or recover halon are not subject to this prohibition. (2) Release of residual halon contained in fully discharged total flooding fire extinguishing systems would be considered a de minimis (3) Release of halons during testing of fire extinguishing systems is not subject to this prohibition if the following four conditions are met: (i) Systems or equipment employing suitable alternative fire extinguishing agents are not available; (ii) System or equipment testing requiring release of extinguishing agent is essential to demonstrate system or equipment functionality; (iii) Failure of the system or equipment would pose great risk to human safety or the environment; and (iv) A simulant agent cannot be used in place of the halon during system or equipment testing for technical reasons. (4) Releases of halons associated with research and development of halon alternatives, and releases of halons necessary during analytical determination of halon purity using established laboratory practices are exempt from this prohibition. (5) This prohibition does not apply to qualification and development testing during the design and development process of halon-containing systems or equipment when such tests are essential to demonstrate system or equipment functionality and when a suitable simulant agent can not be used in place of the halon for technical reasons. (6) This prohibition does not apply to the emergency release of halons for the legitimate purpose of fire extinguishing, explosion inertion, or other emergency applications for which the equipment or systems were designed. (c) Effective April 6, 1998, organizations that employ technicians who test, maintain, service, repair or dispose of halon-containing equipment shall take appropriate steps to ensure that technicians hired on or before April 6, 1998 will be trained regarding halon emissions reduction by September 1, 1998. Technicians hired after April 6, 1998 shall be trained regarding halon emissions reduction within 30 days of hiring, or by September 1, 1998, whichever is later. (d) Effective April 6, 1998, no person shall dispose of halon-containing equipment except by sending it for halon recovery to a manufacturer operating in accordance with NFPA 10 and NFPA 12A standards, a fire equipment dealer operating in accordance with NFPA 10 and NFPA 12A standards or a recycler operating in accordance with NFPA 10 and NFPA 12A standards. This provision does not apply to ancillary system devices such as electrical detection control components which are not necessary to the safe and secure containment of the halon within the equipment, to fully discharged total flooding systems, or to equipment containing only de minimis quantities of halons. (e) No person shall dispose of halon except by sending it for recycling to a recycler operating in accordance with NFPA 10 and NFPA 12A standards, or by arranging for its destruction using one of the controlled processes approved by the Parties and listed in the definition of destruction (f) Effective April 6, 1998, no owner of halon-containing equipment shall allow halon release to occur as a result of failure to maintain such equipment. [63 FR 11096, Mar. 5, 1998, as amended at 85 FR 15301, Mar. 17, 2020] Subpart I—Ban on Refrigeration and Air-Conditioning Appliances Containing HCFCs Source: 74 FR 66467, Dec. 15, 2009, unless otherwise noted. § 82.300 Purpose. The purpose of this subpart is to protect stratospheric ozone by restricting the sale and distribution of HCFC containing appliances under authority of section 615 of the Clean Air Act as amended in 1990. § 82.302 Definitions. As used in this subpart, the term: Appliance Class I substance Class II substance Consumer, Distributor, (1) The seller of a product to a consumer or another distributor; or (2) A person who sells or distributes that product in interstate commerce, including sale or distribution preceding export from, or following import to, the United States. Hydrochlorofluorocarbon Manufactured, Person Pre-charged appliance Pre-charged appliance component Product Refrigerant § 82.304 Prohibitions. Effective January 1, 2010, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any product identified in § 82.306. § 82.306 Prohibited products. Effective January 1, 2010, the following products are subject to the prohibitions specified under § 82.304— (a) Any pre-charged appliance manufactured on or after January 1, 2010 containing HCFC-22, HCFC-142b or a blend containing one or both of these controlled substances. (b) Any pre-charged appliance component for air-conditioning or refrigeration appliances manufactured on or after January 1, 2010 containing HCFC-22, HCFC-142b, or a blend containing one or both of these controlled substances.

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