68026federal register /vol. 62, no. 249/tuesday, december 30, 1997/rules · pdf...

68026 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 82

[FRL–5939–4]

RIN 2060–AF35

Protection of Stratospheric Ozone

AGENCY: Environmental ProtectionAgency.ACTION: Final rule.

SUMMARY: On July 14, 1992, EPApublished a final rule in the FederalRegister, pursuant to section 609 of theClean Air Act, as amended (the Act),establishing standards and requirementsregarding the servicing of motor vehicleair conditioners (MVACs) that usechlorofluorocarbon-12 (CFC–12), a classI refrigerant, and establishingrestrictions on the sale of smallcontainers of class I or class IIrefrigerants.

Pursuant to section 609(b)(1), today’sfinal rule establishes standards andrequirements for the servicing ofMVACs that use any refrigerant otherthan CFC–12. Today’s rule also pro-vides that refrigerant (whether CFC–12or a substitute) recovered from motorvehicles located at motor vehicledisposal facilities may be re-used in theMVAC service sector only if it has beenproperly recovered and reclaimed, or ifit has been properly recovered bypersons who are either employees,owners or operators of the facilities, ortechnicians certified under section 609of the Act, using approved equipment,and subsequently recycled usingapproved refrigerant recyclingequipment prior to use in recharging anMVAC or MVAC-like appliance. Therule also establishes conditions underwhich owners and operators of motorvehicle disposal facilities may sellrefrigerant recovered from such vehiclesto technicians certified under section609 of the act. Finally, the ruleestablishes standards for mobilerecovery and recycling service ofMVACs. The rule also clarifies certainprovisions in the existing regulatorytext.

Today’s rule increases industryflexibility in selecting and purchasingproper recovery and recyclingequipment by establishing standards forequipment that recovers and/or recyclesrefrigerants other than CFC–12, and byapproving independent testingorganizations that certify suchequipment.

This final action facilitatescompliance with section 608(c)(2) of theAct, which prohibits venting

refrigerants to the atmosphere. Bypromoting the recycling or reclamationof all refrigerants from MVACs andMVAC-like appliances, this rule willhelp to lower the risk of depletion of thestratospheric ozone layer and thepossibility of global climate change,thus diminishing potentially harmfuleffects to human health and theenvironment, including increasedincidences of certain skin cancers andcataracts.DATES: This final rule is effectiveJanuary 29, 1998.ADDRESSES: Comments and materialssupporting this rulemaking arecontained in Public Docket No. A–95–34 in room M–1500, Waterside Mall(Ground Floor), U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460. The docket maybe inspected from 8:30 a.m. until 5:30p.m., Monday through Friday. Areasonable fee may be charged forcopying docket materials.FOR FURTHER INFORMATION CONTACT:Christine Dibble, StratosphericProtection Division, Office ofAtmospheric Programs, Office of Airand Radiation (6205–J), 401 M StreetSW., Washington, DC 20460. (202) 564–9147 or electronically [email protected]. TheOzone Information Hotline at 1–800–296–1996 can also be contacted forfurther information.SUPPLEMENTARY INFORMATION: Thecontents of today’s preamble are listedin the following outline:I. Background

A. Statutory Authority; July 14, 1992 FinalRule and May 2, 1995 SupplementalFinal Rule

B. Venting Prohibition; Application ofRules to Replacement Refrigerants

II. Summary of Public ParticipationIII. Summary of Major Public CommentsIV. Today’s Final Rule

A. Service Practices1. Handling Refrigerant Recovered from

Vehicles Bound for Disposal and Locatedat Motor Vehicle Disposal Facilities

2. Mobile Recovery and Recycling3. Topping Off4. Recharging Refrigerant Into the Same

Vehicle From Which the Refrigerant wasExtracted

B. Equipment Standards1. Standard for HFC–134a Recover/Recycle

Equipment2. Standard for HFC–134a Recover-only

Equipment3. Standard for Automotive Refrigerant

Recycling Equipment Intended for UseWith Both CFC–12 and HFC–134a

4. Standard for Recover-only EquipmentThat Extracts a Single, SpecificRefrigerant other Than CFC–12 or HFC–134a

C. Substantially Identical Equipment

D. Approved Independent StandardsTesting Organizations

E. Technician Training and CertificationF. Sales Restriction

V. Summary of Supporting AnalysesA. Executive Order 12866B. Regulatory Flexibility/Fairness to Small

EntitiesC. Paperwork Reduction ActD. Unfunded Mandates Reform ActE. Submission to Congress and the General

Accounting Office

Entities potentially regulated by thisaction are those that service or disposeof motor vehicle air conditioners.Regulated categories and entitiesinclude:

Category Examples of regulatedentities

Industry ............... Independent repair shops.Service stations.Truck fleet shops.Collision repair shops.Franchised repair shops.New car and truck deal-

ers.Car and truck rental

shops.Radiator repair shops.Vocational technical

schools.Farm equipment dealers.Automobile rental and

leasing facilities.Federal Govern-

ment.Military repair shops.

Fleet repair shops.State/Tribal/Local

Government.Fleet repair shops.

This table is not intended to beexhaustive, but rather provides a guidefor readers regarding entities likely to beregulated by this action. This table liststhe types of entities that EPA is nowaware could potentially be regulated bythis action. Other types of entities notlisted in the table could also be regu-lated. To determine whether yourfacility, company, business,organization, etc. is regulated by thisaction, you should carefully examinethe applicability criteria in section 609of the Clean Air Act and in theregulations promulgated thereunder at40 CFR 82.30 et seq. If you havequestions regarding the applicability ofthis action to a particular entity, consultthe person listed in the preceding FORFURTHER INFORMATION CONTACT section.

I. Background

A. Statutory Authority; July 14, 1992Final Rule and May 2, 1995Supplemental Final Rule

Title VI of the Act is designed toprotect the stratospheric ozone layer.Section 609 of the Act requires theAdministrator to promulgate regulationsestablishing standards and requirements

68027Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

regarding the servicing of motor vehicleair conditioners (MVACs). On July 14,1992, the Agency published a final ruleinitially implementing section 609. Inthat rule, the Agency prohibited therepair or servicing of any MVAC forconsideration if such repair or servicinginvolved the air conditioner refrigerant,unless performed by a trained andcertified technician who properly usesapproved refrigerant recyclingequipment. The Agency also prohibitedthe sale or distribution of any class I orclass II substance (i.e., CFC or HCFC)suitable for use in an MVAC that is ina container of less than 20 pounds, toanyone other than a properly trainedand certified section 609 technician.

The July 14, 1992 final rule defined‘‘approved refrigerant recyclingequipment’’ as equipment that recoversand recycles CFC–12 refrigerant andpurifies the refrigerant on-site, and thatis certified by the Administrator or byan independent standards testingorganization approved by the Agency asmeeting the standards set forth inappendix A in the rule.

The regulatory equipment standardsare based on those developed by theSociety of Automotive Engineers (SAE)and cover service procedures forrecovering CFC–12 (SAE J1989, issuedin October 1989), test procedures toevaluate CFC–12 recover/recycleequipment (SAE J1990, issued inOctober 1989 and revised in 1991) anda purity standard for recycled CFC–12refrigerant (SAE J1991, issued inOctober 1989). CFC–12 recyclingequipment was also consideredapproved if it was purchased beforeSeptember 4, 1991 (the date on whichthe July 14, 1992 rule was proposed),and is substantially identical to thecertified equipment. Only equipmentcertified to meet the standards set forthin appendix A, or to meet the criteria forsubstantially identical equipment, wasapproved under section 609 of the Actfor use in the servicing of motor vehicleair conditioners.

The July 14, 1992 rule alsoestablished standards by which (i) anindependent standards testingorganization may apply to the Agencyfor approval to test and approverefrigerant recycling equipment, and (ii)a training and certification program mayapply to the Agency for approval totrain and certify technicians in theproper use of refrigerant recyclingequipment for MVACs. UnderwritersLaboratories (UL) and ETL TestingLaboratories (ETL) are the approvedindependent standards testingorganizations that currently certifyequipment using the standards thatappear in appendix A of the rule.

Finally, the rule established variousrecordkeeping and reportingrequirements.

As stated above, section 609 prohibitsthe sale or distribution of any class I orclass II substance suitable for use in anMVAC that is in a container of less than20 pounds to anyone other than aproperly trained and certified section609 technician. It should be noted,however, that EPA expanded thisprohibition in the regulations publishedon May 14, 1993 at 58 FR 28712 undersection 608 of the Act (40 CFR82.154(n)), which prohibits the sale asof November 14, 1994 of any sizecontainer of a class I or class IIsubstance, including refrigerant blendsthat include class I or class IIsubstances, to other than technicianscertified under section 608 or section609 of the Act.

The July 14, 1992 rule reservedstandards for equipment that extractsbut does not recycle CFC–12 refrigerant(recover-only equipment) in AppendixB to the rule. On May 2, 1995, EPApublished a final rule establishingregulatory standards, again based onstandards developed by SAE, whichapply to certification of CFC–12 recover-only equipment. Specifically, forrecover-only equipment, the Agencyadopted (i) the recommended serviceprocedure for the containment of CFC–12 (SAE J1989, issued in October 1989and set forth in appendix A), and (ii)test procedures to evaluate recover-onlyequipment (SAE J2209, issued in June1992). The definition of ‘‘approvedrefrigerant recycling equipment’’ wasalso expanded to include this recover-only equipment. UL and ETL were alsoapproved to certify recover-onlyequipment. Finally, service technicianspreviously certified to handle recover/recycle equipment were grandfatheredso that they would not have to berecertified to handle recover-onlyequipment.

B. Venting Prohibition; Application ofRules to Replacement Refrigerants

Many replacement refrigerants forCFC–12 in automotive applications areblends of chemicals that include HCFCs,which are class II substances. As classII blends, these refrigerants have beensubject since the inception of the TitleVI requirements to all of the same rulesand restrictions that apply to CFC–12:they may not be vented into theatmosphere; they may only bepurchased by certified technicians, andin small cans only by section 609certified technicians; and they must berecovered by section 609 certifiedtechnicians and either recycled on-siteor reclaimed off-site prior to reuse.

Today’s rule establishes a standard forequipment that extracts such blends butdoes not recycle them. EPA is currentlyworking with the industry to determinewhat standard is appropriate forequipment that can safely recycle theseblend refrigerants.

Because HFC–134a is a non-ozone-depleting chemical, and is therefore notclassified as a class I or class IIsubstance, the regulations set forthunder Title VI of the Act governing itsuse are somewhat different. Section 609of the Act defines ‘‘refrigerant’’ so that,beginning on November 15, 1995, theterm includes any substance thatsubstitutes for a class I or II substanceused in an MVAC. Section 608 of theAct provides that, beginning onNovember 15, 1995, any substancesubstituting for a class I or class IIsubstance may not be vented into theatmosphere. Therefore, on that date, itbecame illegal to vent HFC–134a, eventhough it does not contribute to ozonedepletion. (Venting of CFC–12substitutes that contain class IIsubstances was already prohibited.)Because venting was prohibited,recovery of HFC–134a has been de factorequired since November 15, 1995.Recycling HFC–134a in approvedequipment, however, has not beenrequired. The publication today ofstandards for equipment that recoversand recycles HFC–134a initiates arequirement to recycle HFC–134a,beginning on the effective date of thisrule. A summary of today’s rule is setforth in section IV below.

II. Summary of Public ParticipationDuring the public comment period,

the Agency received 27 sets ofcomments that are addressed in thisaction. In addition, EPA received andconsidered additional commentssubmitted to the Agency after the thirty-day comment period ended. Allcomments considered in this finalaction are contained in the Air Docket.No commenter requested a publichearing.

III. Summary of Major PublicComments

This rule was originally proposed forpublic comment in the March 6, 1996Federal Register (61 FR 9014).Comments to this rule were submittedbetween March 6, 1996 and April 5,1996. The vast majority of commentsdiscussed the proposed clarification ofrequired service practices for motorvehicle disposal facilities. Theremainder of comments addressed theproposed service practices for mobilerecovery and recycling; the standardsfor recovery and recycling equipment


designed for use with HFC–134a orother replacement refrigerants; trainingand certification of technicians; andpotential future restrictions on the saleof HFC–134a.

Several commenters disagreed withcertain minor technical provisionscontained in the Society of AutomotiveEngineers (SAE) standards that are beingadopted in this rule. Some of thesecomments will be addressed in moredetail below. None of these comments isbeing incorporated by the Agency intoday’s rule, however, because in allinstances, the Agency believes that thevalue of EPA legally mandating exactlythe same standards previously adoptedon a wide scale by the automotiveservice industry outweighs any benefitbrought by incorporating the minorchanges suggested. A legally mandatedstandard adopted by EPA that isdifferent from a widely used voluntaryindustry standard would causesignificant confusion within the affectedindustry.

For example, one commenterrequested that labels for recovery/recycling equipment state ‘‘Caution—Should Be Operated by QualifiedPersonnel’’ rather than ‘‘Caution—Should Be Operated by CertifiedPersonnel.’’ The commenter correctlypointed out that owners and operatorsof salvage yards and other automotiverecycling facilities are qualified underTitle VI to handle recovery/recyclingequipment, but are not certifiedtechnicians. If EPA adopted thisprovision into its standard, however,then equipment labels would have tocontain both statements, if the labelswere to meet both the voluntaryindustry standard set forth by SAE, andthe mandated standard promulgated byEPA. The resulting label would onlyserve to confuse anyone reading it. TheAgency believes that the benefit ofmaking the label slightly more accurateis outweighed by the advantagesbrought by consistency betweenindustry and government standards.

Commenters generally supported theproposed standards for recovery andrecycling equipment, and for thetraining and certification of technicians,and very strongly supported EPA’sproposal to explicitly permit the use ofmobile recovery and recyclingequipment to service MVACs.

Commenters extensively discussedthe proposed clarification of EPAregulations governing who may recoverrefrigerant from motor vehicles boundfor disposal, who may purchase suchrefrigerant, and under what conditionssuch refrigerant may be re-used. Ingeneral, the commenters eithersupported the proposed standards that

would allow owners, operators, andemployees of motor vehicle disposalfacilities to recover and sell to section609 technicians refrigerants recoveredfrom motor vehicles destined fordisposal, or claimed that the proposedstandards, as written, would not serve toprotect the national refrigerant supplyor the environment because they wouldallow untrained technicians to serviceand sell refrigerants in the marketplace.

Those supporting the proposedchanges/clarification claimed that bothmotor vehicle disposal facilities andservice technicians who installrefrigerants in MVAC systems have aneconomic stake in ensuring thatrefrigerants are properly identified,recovered, handled, recycled orreclaimed, and installed. The supportersalso suggested that the rule wouldincrease the value of the refrigerant tomotor vehicle disposal facilities bydecreasing shipping costs andincreasing the number of buyers forrecovered refrigerant. Thosecommenters who did not fully supportthe proposed rule asserted that training,certification, and refrigerantidentification requirements, as well asspecific sales prohibitions, should beincorporated into the rule to betterprotect the refrigerant supply and theenvironment. They felt that untrainedoperators would be more likely to ventrefrigerants and cause contaminationproblems, and that the minimal trainingexpense, in combination with theincreasing need to become informedregarding recently commercializedsubstitute refrigerants, warrant atraining requirement for individualsinvolved with refrigerant recovery andsubsequent sales. As a consequence, alarge number of commenters urged EPAto require owners, operators andemployees of motor vehicle disposalfacilities to become certified techniciansunder section 609 of the Act in order torecover refrigerant from MVAC systems.Several commenters also requested thatthe Agency require that any refrigerantrecovered from MVACs at motor vehicledisposal facilities be sent directly to areclaimer, as is currently required forrefrigerant recovered from stationaryequipment such as householdrefrigerators and air conditioners, whenthat equipment is to be dismantled andsalvaged. The major comments to theproposal will be discussed in furtherdetail below.

EPA’s responses to specific commentsare set forth in section IV, Today’s FinalRule, below.

IV. Today’s Final RuleToday’s rule further implements

sections 608 and 609 of the Act. This

section of the preamble reviews theelements of the rule and addresses themajor comments to those elements.Specifically, the regulations:

(i) Explicitly permit, under specifiedconditions, technicians certified undersection 609 of the Act who recoverrefrigerant (whether CFC–12 or areplacement) from motor vehicleslocated at disposal facilities and boundfor disposal and who recycle thatrefrigerant to use the refrigerant tocharge or recharge an MVAC or MVAC-like appliance. It also explicitly permits,under specified conditions, owners oroperators of motor vehicle disposal andrecycling facilities, salvage yards, scraprecyclers, landfills or other motorvehicle disposal facilities where suchvehicles may be located, to sellrefrigerant recovered from such vehicles(whether CFC–12 or a replacement) tosection 609 certified technicianswithout recycling the recoveredrefrigerant. These conditions are asfollows:

(a) Any refrigerant that is extractedfrom an MVAC or an MVAC-likeappliance bound for disposal andlocated at a motor vehicle disposalfacility may not be subsequently used tocharge or recharge an MVAC or MVAC-like appliance, unless, prior to suchcharging or recharging, the refrigerant iseither (1) recovered and reclaimed inaccordance with the regulationspromulgated in subpart F (the section608 regulations), or (2) recovered usingapproved refrigerant recyclingequipment dedicated for use withMVACs and MVAC-like appliances,either by a technician certified undersection 609, or by an employee, owner,or operator of the disposal facility, andsubsequently recycled by the facilitythat charges or recharges the refrigerantinto an MVAC or MVAC-like appliance,using approved refrigerant recyclingequipment in accordance with anyapplicable recommended serviceprocedures.

(b) Any class I or class II substanceextracted from an MVAC or an MVAC-like appliance bound for disposal andlocated at a motor vehicle disposalfacility, which is not recovered andreclaimed in accordance with thesection 608 regulations, may be soldprior to its subsequent re-use only to asection 609 certified technician.

(c) Any section 609 certifiedtechnician who obtains such a class I orclass II substance may subsequently re-use such refrigerant only in an MVACor MVAC-like appliance, and only if ithas been reclaimed or properlyrecycled.

(ii) Revise the definition of ‘‘properlyusing’’ to explicitly permit and establish


standards for mobile recovery andrecycling service of MVACs;

(iii) Clarify that the definition of‘‘service involving refrigerant’’ includesservice performed by facilities thatcharge refrigerant into vehicles but donot perform any other kind of refrigerantservicing or repair (i.e., facilities that‘‘top off’’ only);

(iv) Further clarify that ‘‘properlyusing’’ recover/recycling equipmententails recycling refrigerant prior torecharging it into a vehicle, even if thevehicle is the same vehicle from whichthe refrigerant was extracted;

(v) Establish a standard for recover/recycle equipment that extracts andrecycles HFC–134a from MVACs;

(vi) Establish a standard for recover-only equipment that extracts HFC–134afrom MVACs;

(vii) Establish a standard for recover-only equipment designed to extract asingle, specific refrigerant other thanCFC–12 and HFC–134a;

(viii) Establish a standard for recover-recycle equipment that extracts andrecycles both CFC–12 and HFC–134ausing a common refrigerant circuit;

(ix) Revise the requirements forAgency approval of independentstandards testing organizations toinclude certification of recover/recycleand recover-only equipment designed toservice MVAC systems that userefrigerants other than CFC–12; and

(x) Revise the criteria for approval oftechnician training and certificationprograms to reflect the use of recover/recycle and recover-only equipmentdesigned to service MVAC systems thatuse refrigerants other than CFC–12.

In addition, in this notice EPAdescribes its intention to grandfathertechnicians currently certified undersection 609, so that they will not needto be recertified to operate recover/recycle and recover-only equipmentdesigned to service MVAC systems thatuse refrigerants other than CFC–12.

A. Service Practices

Today’s rule clarifies the Agency’sposition on four types of refrigerantservice that have not previously beenexplicitly addressed in the section 609regulations: (i) The recovery ofrefrigerant from motor vehicles locatedat a motor vehicle disposal facility andbound for disposal, and the subsequentpurchase and re-use of such refrigerant;(ii) mobile recovery and recyclingservice, i.e., service in which approvedrecover-only or recover/recycleequipment is transported to the locationof an MVAC for servicing by a certifiedtechnician; (iii) service performed byfacilities that charge refrigerant intovehicles but do not perform any other

kind of refrigerant servicing or repair(i.e., facilities that ‘‘top off’’ only); and(iv) service that involves rechargingrefrigerant into the same vehicle fromwhich that refrigerant was extracted.

The service practice regulations beingpromulgated today for MVACs alsoapply to MVAC-like appliances (such asair-conditioning systems in off-roadequipment such as tractors and otherfarm equipment, constructionequipment, and mining and quarryequipment, that meet the definition ofMVAC-like appliances set forth in 40CFR 82.152). MVAC-like applianceshave traditionally been governed undersection 608 of the Act rather than undersection 609. However, the section 608regulations contained in subpart F thatapply to MVAC-like appliancesgenerally refer back to the section 609standards contained in subpart B. Forexample, § 82.156(a)(5) states thatpersons opening MVAC-like appliancesfor maintenance, service or repair maydo so only when properly usingequipment pursuant to § 82.32(e), and§ 82.158 (a) and (f) state thatmanufacturers of recycling equipmentused to service or repair MVAC-likeappliances must have the equipmentcertified pursuant to § 82.36(a).

Because MVAC-like appliances havebeen ostensibly governed under section608, EPA stated in the proposal to thisrule that service practice regulationsgoverning MVAC-like appliances,similar to those in today’s rule thatgovern MVACs, would be proposed andfinalized in a separate rulemaking thatamends section 608. Since thepublication of the proposal to today’srule, however, EPA has determined thatthose service practice regulations thatapply to MVAC-like appliances shouldbe contained in today’s final rule, ratherthan in the section 608 rule. The Agencyis making this change for a number ofreasons.

Practically speaking, EPA’s changes tothe regulations will have the sameactual effect on the servicing of MVAC-like appliances, no matter whether thechanges are made under the section 609regulations or the section 608regulations. At the time of thepublication of the proposal to today’srule, EPA believed that the proposal andfinal rule in this separate section 608rulemaking would be published at aboutthe same time as this section 609 rule.The changes to the section 608regulations that include the new servicepractice regulations governing MVAC-like appliances would therefore takeeffect on or about the effective date ofthe changes to the section 609regulations that include new servicepractice regulations governing MVACs.

The intended schedule for the section608 rulemaking has been delayed,however, so that today’s final rule undersection 609 will most likely bepublished before the proposal for thesection 608 rule is published. EPA’spublication of the service practiceregulations that govern MVAC-likeappliances under subpart F wouldcreate a disparity when identicalchanges in the service practiceregulations would affect MVACs andMVAC-like appliances; regulations thataffect MVACs on the effective date oftoday’s rule would most likely not affectMVAC-like appliances for a year ormore.

EPA believes that such a delay wouldcreate confusion within the motorvehicle service industry, a large segmentof which services both MVACs andMVAC-like appliances. Someautomotive recyclers may also receiveboth MVACs and MVAC-like applianceson their lots and may therefore berecovering refrigerant from both MVACsand MVAC-like appliances before theyare dismantled, crushed or otherwisedisposed of. Having different rules inplace for MVACs and MVAC-likeappliances complicates efforts by thesepersons to comply with EPAregulations.

In addition, EPA believes that a delayin implementing these rules, as theyapply to MVAC-like appliances, will beviewed with concern by servicers ofMVAC-like appliances found in non-road motor vehicles, such as thoseappliances in farm and heavy-dutyequipment. The farm equipment andheavy-duty equipment industries havelong expressed to EPA their frustrationat understanding how MVAC-likeappliances are governed under Title VIof the Act. EPA believes that publishingthe service practice regulations undersubpart F, thereby incurring a delay ofa year or more in their implementation,would not serve the interest of theseindustries, and that the service practiceregulations promulgated today shouldclarify to these affected sectors howMVAC-like appliances are regulatedunder Title VI.

Finally, EPA believes that it makesmore sense to state in the subpart Bregulations than in the subpart Fregulations how these service practiceregulations apply to MVAC-likeappliances, because in most practicalrespects, EPA regulations treat MVAC-like appliances more like MVACs thanlike refrigerators, freezers, chillers andother stationary/commercial appliances.EPA established the links between theprovisions governing MVACs and thosegoverning MVAC-like appliancesbecause EPA believed that the


1 Sections 82.154 (g) and (h) also permit a thirdoption for used class I and class II refrigerants: Theymay be sold in an appliance without priorreclamation. Interested parties should note thatalthough § 82.154 (g) and (h) were formerly effectiveonly until December 31, 1996, a final rule publishedin the Federal Register on December 27, 1996 at 61FR 68506 extends these provisions indefinitely.

similarities in design and servicingpatterns between MVACs and MVAC-like appliances argue for parallelrequirements for both sets of appliances.The argument for parallel coverage ofMVACs and MVAC-like appliances wasdiscussed at length in the May 14, 1993section 608 rule at 58 FR 28686. EPAcontinues to believe this, andspecifically believes that the rationalefor clarifying and changing therequirements under the section 609regulations as they apply to MVACs alsoholds for MVAC-like appliances.

Interested parties should note that thesection 608 regulations currently define‘‘appliances,’’ including ‘‘MVAC-likeappliances,’’ to include only devicesthat contain and use class I or class IIsubstances, so that as of today, MVAC-like appliances by definition do notinclude any air-conditioning systems inoff-road equipment if those systems useHFC–134a or other non-ozone-depletingsubstances. Off-road vehicles thatcontain MVAC-like appliances that usenon-ozone-depleting refrigerants aretoday subject only to the section 608venting prohibition; other Title VIregulations will only apply to thesevehicles when the definition of‘‘appliance’’ is expanded to includedevices that use non-ozone-depletingsubstances as refrigerants. EPA iscurrently undertaking a rulemaking toexpand the scope of the 608 regulationto include substitutes for class I andclass II substances, but this rulemakinghas not yet been proposed. Thisrulemaking would amend the definitionof ‘‘appliance,’’ so that the termincludes non-ozone-depletingrefrigerants. If and when that expandeddefinition becomes effective, MVAC-likeappliances that contain non-ozone-depleting refrigerants would be subjectto the service practice regulationspromulgated today.

1. Handling Refrigerant Recovered FromVehicles Bound for Disposal andLocated at Motor Vehicle DisposalFacilities

Since the publication of the July 14,1992 section 609 final rule, EPA hasreceived an increasing number ofquestions concerning the handling ofrefrigerants from MVACs and MVAC-like appliances bound for disposal andlocated at motor vehicle disposalfacilities. Many owners of motor vehicledisposal facilities have assumed thatrecovered refrigerant must be sent off-site for reclamation, while others haveassumed that they may sell therefrigerant to any interested purchaser.In response to the increasing cost ofCFC–12, some automotive servicetechnicians have begun to recover

refrigerant from motor vehicle disposalfacilities for use in their own servicefacilities. In addition, owners andoperators of motor vehicle disposalfacilities have been recoveringrefrigerant from automobiles and sellingit to automotive service technicians. Therule promulgated today clarifies that theAgency permits the return of refrigerantto the MVAC service sector withoutprior reclamation, as long as certainrequirements are met during theirperformance.

Sections 608 and 609 of the Clean AirAct and the regulations adopted by EPAprior to today at 40 CFR part 82,Subparts B and F (i.e., the section 609and 608 regulations) have addressed tosome degree activities involvingrecovery and sale of refrigerant fromMVACs and MVAC-like appliances atmotor vehicle disposal facilities.Regulations promulgated under Section608 of the Clean Air Act, which has asone of its goals ensuring the purity ofrefrigerant that flows back into thestationary/commercial sector, requirethe recovery of all refrigerant located inappliances destined for disposal.Section 608 regulations also require thatunless refrigerant is recovered from anMVAC and reused in the MVAC servicesector, it must be reclaimed. However,if refrigerant has been recovered from anMVAC destined for disposal, and if therefrigerant is then reused in the MVACservice sector, the regulationspromulgated under section 608 aresilent with respect to how thatrefrigerant must be handled prior tosuch reuse.

Section 82.154(f) of the regulationsrequires that persons who take the finalstep in the disposal process mustrecover any remaining refrigerant inaccordance with applicablerequirements and requires that personswho recover refrigerant from MVACsand MVAC-like appliances for purposesof disposal must certify to theAdministrator that they have acquiredequipment that meets such standards.Section 82.156(g) requires that allpersons recovering refrigerant fromMVACs and MVAC-like appliances forpurposes of disposal must reduce thepressure of the system to or below 102mm (four inches) of mercury vacuum,using equipment that meets therequirements of § 82.158(l). In addition,§ 82.154 (g) and (h) require that personscannot sell used class I or class IIrefrigerant unless it has first beenreclaimed by a certified reclaimer, orunless the refrigerant was used only inan MVAC or MVAC-like appliance andwill be used only in an MVAC or

MVAC-like appliance.1 Section82.154(m) prohibits persons from sellingor distributing any class I or class IIsubstance for use as a refrigerant unlessthe purchaser is a technician certifiedunder section 608 or 609. (Althoughthere are exceptions to this salesrestriction, the exceptions do not applyto sales of refrigerant from motor vehicledisposal facilities.) These provisionswere adopted pursuant to section 608 ofthe Act. Any servicing of an MVAC orMVAC-like appliance with refrigerantrecovered from a motor vehicle disposalfacility would also be subject to thevarious equipment standards and userestrictions set forth in 40 CFR part 82,subparts B and F.

Neither the subpart F regulations northe subpart B regulations, however,explicitly and specifically address, in asingle, central location, who mayrecover refrigerant from motor vehiclesbound for disposal, who may purchasesuch refrigerant, and under whatconditions such refrigerant may be re-used. Today’s rule is intended tosupplement the existing piecemealrequirements so that automotiverecyclers and dismantlers, andautomotive service technicians, will beable to follow a clear and complete setof EPA regulations concerning therecovery and re-use of refrigerants fromMVACs and MVAC-like applianceslocated at motor vehicle disposalfacilities. At the same time, theprovisions contained in today’s ruleshould minimize the discharge ofozone-depleting refrigerants into theatmosphere and provide for the properrecycling or reclamation of therefrigerants prior to their use inservicing MVACs or MVAC-likeappliances. EPA intends to proposesimilar regulations under section 608 ofthe Act to provide an incentive for therecovery and re-use of non-ozone-depleting refrigerants from MVAC-likeappliances located at motor vehicledisposal facilities, so that theserefrigerants are properly recycled orreclaimed prior to their use in servicingMVACs or MVAC-like appliances.

The Agency believes that recoveryand recycling of refrigerant fromMVACs bound for disposal and locatedat disposal facilities will be moreeconomically attractive to theautomotive service technician and themotor vehicle disposal facility operator


if the sale or re-use of unreclaimedrefrigerant is explicitly permitted. Theservice technician may be able topurchase refrigerant for a lower pricefrom a motor vehicle disposal facilitythan from other suppliers of reclaimedrefrigerant. Because of this economicincentive, technicians will seeksalvaged MVACs. In addition, motorvehicle disposal facility owners andoperators may profit by sellingrefrigerant directly to technicians, or bycharging technicians fees for theopportunity to recover refrigerant at thefacility, creating other economicincentives in the refrigerant recyclingchain. The Agency believes thatencouraging these activities willincrease the value of refrigerant to theperson recovering it, thereby reducingthe amount of refrigerant that eitherleaks out of MVACs while they awaitdisposal or is purposely vented duringthe process of disposal.

Today’s rule adds a definition of‘‘motor vehicle disposal facility’’ at§ 82.32(i) and adds a new § 82.34(d).The effect of these changes is that ifrefrigerant from MVACs bound for dis-posal and located at disposal facilities isdestined for re-use in the MVAC servicesector without prior reclamation, it mustbe recovered by a certified technician orby a motor vehicle disposal facilityowner, operator, or employee. Suchpersons will be able to transfer therefrigerant off-site for recycling andcharging into an MVAC or MVAC-likeappliance, in accordance with theconditions described in this rule.Section (a) discusses the definition ofmotor vehicle disposal facility, section(b) discusses who may recoverrefrigerant from such a facility, andsection (c) discusses what kind ofequipment must be used to recoverrefrigerant at such a facility. Section (d)discusses who may purchase refrigerantrecovered from a motor vehicle disposalfacility, section (e) discusses subsequentuse of refrigerant after it has left thefacility, and section (f) discussesrecordkeeping and reportingrequirements.

After publishing the proposal totoday’s rule, and reviewing thecomments on that proposal, the Agencyconsidered at length where theproposed regulations most sensiblybelong: Under subpart F (the regulationspreviously promulgated under section608 of the Act), which governs the safedisposal of refrigerants and includesregulations that mandate what type ofequipment must be used to recoverrefrigerant at motor vehicle disposalfacilities, or under subpart B (theregulations previously promulgatedunder section 609 of the Act), which

governs the servicing of motor vehicleair conditioning and includesregulations that mandate what type ofequipment must be used to recyclerefrigerant prior to re-use in a motorvehicle.

EPA believes that if the refrigerantrecovered at a motor vehicle disposalfacility is destined for re-use in theMVAC service sector without priorreclamation, then the regulationsgoverning the recovery and re-use ofthat refrigerant should be located insubpart B. With the regulations adoptedtoday, the regulations in subpart B arebased in large part on section 609, butcontain a few provisions based onsection 608. If, on the other hand, therefrigerant recovered at a motor vehicledisposal facility is sold or otherwisetransferred to a reclaimer andsubsequently re-used in anyrefrigeration and air-conditioning sector,then the regulations governing therecovery and re-use of that refrigerantare found in subpart F. This regulatoryframework will effectively precludestoring refrigerant bound for re-use inthe MVAC service sector without priorreclamation together in the samecontainer with refrigerant destined for areclaimer prior to re-use.

With some exceptions describedbelow (notably recordkeepingrequirements), the recovery ofrefrigerant destined for re-use in theMVAC service sector without priorreclamation is governed by theregulations described in today’s rule.All of the regulations that govern therecovery of class I and class IIrefrigerants bound directly for areclaimer are already in place, in thecurrent subpart F regulations, and thesubpart F regulations will in the futureincorporate rules that govern therecovery of non-ozone-depletingrefrigerants bound for reclamation.Within each section below, thediscussion will be framed aroundwhether the refrigerant is bound fordirect re-use in the MVAC servicesector, or whether it is bound forreclamation. Each section below willexplain which regulatory text undersubpart F and/or subpart B applies ineach situation.

a. Definition of motor vehicle disposalfacility: The proposed rule added a newterm, ‘‘motor vehicle disposal facility,’’defined in § 82.32(i). The proposeddefinition stated that motor vehicledisposal facility means ‘‘anycommercial facility that engages inmotor vehicle disposal, dismantling orrecycling, including but not limited toscrap yards, landfills, and salvage yardsengaged in such operations. Motorvehicle repair facilities, including

collision repair facilities, are notconsidered motor vehicle disposalfacilities.’’ Few commenters suggestedchanges to the definition. Onecommenter requested that EPA includein the definition mobile car crushers,vehicle dismantlers, certified scrapprocessors, and itinerant vehiclecollectors, which are businessesseparately categorized and registered inNew York State. EPA believes that theexisting definition is sufficiently broadto encompass these kinds of businesses,and that the types of businessesexplicitly listed in the definition neednot be exhaustive. A second commentersuggested replacing the term ‘‘salvageyards’’ with ‘‘automotive recyclingfacilities,’’ since the commenterbelieved that ‘‘salvage yard’’ does notproperly identify the automotiverecycling industry. EPA in response hasadded the term ‘‘automotive recyclingfacilities,’’ but has not deleted the term‘‘salvage yards,’’ since facilities thatcharacterize themselves as salvage yardsbut not necessarily as automotiverecycling facilities may engage inrefrigerant recovery.

EPA has also changed the definitionto make more clear that facilities thatdismantle or dispose of both MVACsand MVAC-like appliances are coveredunder the definition. It should be noted,however, that the regulations set forth intoday’s rule concerning handlingrefrigerant recovered from vehiclesbound for disposal do not apply torecovery of refrigerant from an MVAC orMVAC-like appliance that is performedoutside of a motor vehicle disposalfacility. So, for example, if a piece ofheavy-duty equipment such as miningequipment that is at the end of its usefullife is dismantled at the mine site, thenthe mine site is not considered a motorvehicle disposal facility.

b. Persons who may recoverrefrigerant from MVACs at motorvehicle disposal facilities: Neither thesubpart F regulations nor the currentsubpart B regulations restrict who mayrecover refrigerant from an MVAC orMVAC-like appliance before it isdisposed of or dismantled. Thiscontinues to be the case for refrigerantrecovered from an MVAC or MVAC-likeappliance if the refrigerant is then soldor otherwise transferred to a reclaimer.

If, on the other hand, the refrigerantis bound for re-use in the MVAC (orMVAC-like appliance) service sectorwithout being reclaimed first, thentoday’s rule applies. Specifically, therule adds a new requirement, set forthin § 82.34(d), that if any refrigerantrecovered from an MVAC or MVAC-likeappliance at a motor vehicle disposalfacility is to be returned to the MVAC


service sector for re-use without priorreclamation, then the person recoveringit must be either an owner, operator oremployee of the facility (or a contractorto the facility), or a section 609 certifiedtechnician.

With respect to class I and class IIsubstances bound for direct re-use in theMVAC or MVAC-like appliance servicesector, sections 608 (a) and (b) authorizethe restriction on who may recoverrefrigerant. Under section 608, theAdministrator may prescribe standardsand equipment regarding the use anddisposal of MVACs and MVAC-likeappliances containing class I or IIsubstances, in order to reduce the useand emissions of these substances to thelowest achievable level, and tomaximize the recapture and recycling ofthese substances. The Administratoralso may establish standards andrequirements regarding the safe disposalof these substances.

Although sections 608 (a) and (b)authorize the restriction on who mayrecover refrigerant from a motor vehicledisposal facility with respect to class Ior II substances, these sections do notdirectly require regulation of the use ofnon-ozone-depleting substituterefrigerants. Section 608(c)(2), however,does prohibit intentional venting orrelease of such substitutes during themaintenance, repair, service or disposalof an appliance where the refrigerantmay enter the environment, unless theAdministrator has determined that suchventing, release, or disposal does notpose a threat to the environment. Thisventing prohibition is self-effectuating,and went into effect on November 15,1995 with respect to substitutes for classI or class II substances. De minimisreleases associated with any good faithefforts to recapture and recycle or safelydispose of the refrigerant are not subjectto this prohibition as long as thoseefforts are performed by persons whoare authorized under the regulations torecover refrigerant. Releases associatedwith recovery that does not comply withthe regulations, such as releases bypersons who are not authorized underthe regulations to perform refrigerantrecovery, are not considered de minimisor accidental but rather intentional andknowing.

In today’s rulemaking, EPA isdefining the kind of recovery andrecycling practices that must befollowed in order to avoid violating thesection 608 prohibition on knowinglyventing substitutes for class I or class IIrefrigerants. The requirement that onlya section 609 certified technician or anowner, operator, or employee of a motorvehicle disposal facility may extract thesubstitute refrigerant from an MVAC or

an MVAC-like appliance at a motorvehicle disposal facility, if therefrigerant is not reclaimed prior to re-use, is a reasonable exercise of thisauthority. By permitting only thesepersons to recover non-ozone-depletingrefrigerants, EPA is reducing thepossibility that these refrigerants will beknowingly vented. Persons who havenot been trained in the proper methodsof recovering refrigerant from an MVACor MVAC-like appliance system aremore likely to vent refrigerant in theprocess of extracting it, and are lesslikely to know how to protect the purityof the refrigerant. Allowing thesepersons to recover class I and class IIrefrigerants at motor vehicle disposalfacilities would not be consistent withthe Agency’s mandate to establishrequirements that maximize therecapture and recycling of class I andclass II refrigerants. Allowing them torecover substitute refrigerants would notbe consistent with the section 608(c)venting prohibition.

The Act currently permits owners,operators and employees of motorvehicle disposal facilities to recoverrefrigerants from MVACs and MVAC-like appliances, even though they maynot be certified and therefore trained inthe proper handling of the refrigerants.The Agency intends to continue topermit this activity. In reaching thisdecision, the Agency considered reasonsto require these individuals to becomecertified at this time. EPA believes thatrequiring owners, operators andemployees of motor vehicle disposalfacilities to become certified wouldresult in a certain percentage of thesepersons better understanding the propermeans of recovering refrigerant, and thatconsequently, accidental venting ofrefrigerant by these persons during therecovery process might decrease. Inaddition, if EPA required owners,operators and employees of motorvehicle disposal facilities who wish tosell refrigerant directly back into theMVAC service sector without priorreclamation to become certified,individuals who do not wish to becomecertified would still be able to recoverrefrigerant as long as it was then sold toa reclaimer.

EPA balanced these arguments againstreasons not to require motor vehicledisposal facility owners, operators oremployees to become certified at thistime. In the past, the Agency has notrequired these persons to be certified.As stated in the preamble to the May 14,1993 final rule implementing section608, ‘‘[b]y not requiring techniciancertification, the Agency did not intendto imply that anyone could performthese activities without training.

Instead, the proposal reflected the factthat recovery of refrigerant is a simplertask than the combination of recoveringrefrigerant and returning refrigerant (atthe appropriate purity level) toequipment. The disposal sector isdistinct from the servicing sectors ofboth section 608 and section 609 in thatrefrigerant is not returned toequipment. . . . Purchasing refrigerantis also not necessary in the disposalsector, but technician certification islinked to the ability to continue topurchase new refrigerant needed forservicing equipment’’ (58 FR 28705).

In addition, EPA does not believe thatrequiring certification of theseindividuals at this time will result in areduction in accidental or intentionalventing of refrigerant, or in a reductionin refrigerant contamination rates,significant enough to warrant this newrestriction. Motor vehicle disposalfacility owners, operators andemployees have been required forseveral years either to verify thatrefrigerant has been previouslyrecovered from a vehicle entering thefacility, or to recover any refrigerant thatremains in the vehicle. Many of theseindividuals have acquired substantialexperience recovering refrigerant fromvehicles, and some percentage of themhave long been using their recoveryequipment properly. For theseindividuals, becoming certified may notaffect their refrigerant handlingprocedure.

Motor vehicle disposal facilityowners, operators and employees alsohave an economic motivation in theabsence of a certification requirement torecover CFC–12 refrigerant properly. Nomatter whether they sell recoveredCFC–12 to an MVAC service facility orto a reclaimer, CFC–12 has becomeincreasingly more valuable, andpurchasers should be payingincreasingly higher prices foruncontaminated CFC–12. EPA believesthat this motivation should drive motorvehicle disposal facility owners,operators and employees to use carewhen recovering refrigerant.

In addition, some owners, operatorsand employees of motor vehicledisposal facilities have already investedin equipment that they use to recoverrefrigerant, and may currently have inplace contracts to sell the refrigerantextracted from MVACs and/or MVAC-like appliances at the facilities. If theAgency had decided instead to begin toprohibit owners, operators andemployees of motor vehicle disposalfacilities from recovering refrigerant (sothat only certified technicians couldrecover refrigerant), these persons mightbe unable to use any equipment they


had already purchased, and mighttherefore be violating contractspreviously entered into.

One commenter stated that requiringowners, operators and employees ofmotor vehicle disposal facilities tobecome certified under section 609would reduce the likelihood of frostforming in equipment in outdoor coldweather recovery operations, freezingthe equipment refrigerant lines andinhibiting the recovery of all refrigerantremaining in a vehicle. EPA disagrees.Training specified under section 609does not require instruction in how torecover refrigerant in cold weatherconditions, and requiring motor vehicledisposal facility owners, operators andemployees to become certified is noguarantee that better refrigerant recoveryin these conditions will ensue.

Many commenters felt that EPAshould require owners, operators andemployees of motor vehicle disposalfacilities to become certified undersection 609 to handle refrigerant inorder to ‘‘level the playing field’’between the regulatory requirementsapplicable to them and those applicableto automotive service technicians. Asnoted before, EPA has never requiredowners, operators and employees ofmotor vehicle disposal facilities to becertified. They are not in a position tore-use recovered refrigerant, as aretechnicians. EPA believes that requiringowners, operators and employees ofmotor vehicle disposal facilities tobecome certified would be appropriatewhere needed, to avoid contaminationof the nation’s refrigerant supply byrefrigerant recovered from motor vehicledisposal facilities. In order to assure thatmotor vehicle disposal facility ownersand operators maximize the recapture ofclass I and class II refrigerants asrequired by section 608(a) of the Act,and refrain from venting substituterefrigerants as required by section 608(c)of the Act, the Agency has traditionallyrelied on a combination of providing themotor vehicle disposal industry withinformational guidance and requiringthe industry to meet regulatorymandates. Rather than requiring at thistime that owners and operators of motorvehicle disposal facilities becomecertified technicians, the Agencyproposes to continue to rely onguidance alerting the industry of theenvironmental consequences ofreleasing refrigerant, refrigerant salvagetechniques, the importance of notmixing different refrigerants, and thebusiness opportunities related to sellingrefrigerants to certified reclaimers orsection 609 technicians. This, incombination with the other factors de-

scribed above, is a reasonable approachto controlling such contamination.

It is inevitable that as the proliferationof replacement refrigerants for CFC–12continues to expand in the marketplace,the refrigerant in some vehicles will becontaminated. Indeed, contaminationhas always been endemic to MVACs;even when all motor vehicle a/c systemsran on CFC–12, contamination of thatrefrigerant by air, hydrocarbons, orHCFC–22 occurred. Within the next fewyears, as the number of refrigerants onthe market grows, contamination ratesmay stay the same, or, as is more likelythe case, they may increase. In thefuture, should increasing contaminationrates in MVACs or MVAC-likeappliances be traced to refrigerant thathas been recovered from motor vehicledisposal facilities and re-used invehicles without prior reclamation, thenEPA will reconsider its reliance onproviding informational guidance tomotor vehicle disposal facilities, andwill consider requiring the industry tomeet certification and/or otherregulatory requirements. One of theregulatory solutions EPA wouldconsider in that event is to requireowners, operators and employees ofmotor vehicle disposal facilities whowish to continue recovering refrigerantfor sale to the MVAC service sector tobecome certified under section 609 ofthe Act. The Agency would alsoconsider requiring motor vehicledisposal facilities to send all recoveredrefrigerant to reclaimers, therebydisallowing any sales directly back intothe MVAC/MVAC-like appliance servicesector.

One commenter suggested that asdrafted, the proposed new language ofsection 82.34(d) might not permitpersons who contract with state- orcounty-owned landfills to recoverrefrigerant from MVACs at thosefacilities and subsequently sell them tosection 609 technicians. Excludingcontractors from this activity was notthe intention of the proposal and theAgency has consequently modified theregulatory text to include contractors.EPA considers contractors whogenerally manage the operations of agovernment-owned landfill to beoperators of that facility; persons whoenter the landfill solely to recoverrefrigerant are not considered operatorsor other agents of the facility owner andmust therefore be certified under section609 of the Act if they then choose toreturn the refrigerant to the MVAC/MVAC-like appliance service sectorwithout prior reclamation.

The proposed rule would havepermitted technicians certified undersection 608 of the Act to recover

refrigerant at a motor vehicle disposalfacility and resell it into the MVAC/MVAC-like appliance service sector forre-use without prior reclamation. Thisfinal rule prohibits this activity bysection 608 technicians, so that onlysection 609 technicians, and owners,operators, and employees of thesefacilities may recover refrigerant fromMVACs or from MVAC-like appliancesat disposal facilities, if that refrigerant isre-used without being reclaimed.Generally, technicians certified onlyunder section 608 are prohibited fromservicing MVAC systems becauseMVAC systems are designed differentlythan stationary and commercial a/csystems. As stated earlier, persons whohave not been trained in the propermethods of recovering refrigerant froman MVAC system, even if they aresection 608 technicians, are more likelyto vent refrigerant in the process ofextracting it, and are less likely to knowhow to protect the purity of therefrigerant. Allowing these persons torecover class I and class II refrigerantsat motor vehicle disposal facilitieswould therefore not be consistent withthe Agency’s mandate to establishrequirements that maximize therecapture and recycling of class I andclass II refrigerants, and allowing themto recover substitute refrigerants wouldnot be consistent with the section 608(c)venting prohibition.

Although EPA recognizes that personscertified under section 608 as Type IItechnicians may handle MVAC-likeappliances, today’s rule does not permitType II technicians to recoverrefrigerant from MVAC-like appliancesat motor vehicle disposal facilities. TypeII technicians service many types ofhigh pressure and very high pressureappliances used in the stationary/commercial sector. The Agency believesthat allowing Type II technicians torecover refrigerant from MVAC-likeappliances will increase the possibilitythat high- and very high-pressureappliances in this sector may berecharged with used, unreclaimedrefrigerant recovered from motor vehicledisposal facilities. These appliances,like all appliances in the stationary/commercial sector, are specificallydesigned to handle only virgin orreclaimed refrigerant. Use ofunreclaimed refrigerant from motorvehicle disposal facilities that maycontain high levels of oil, air andmoisture may result in systemdeficiencies or failures.

c. Equipment that may be used torecover refrigerant from MVACs atmotor vehicle disposal facilities: Section82.158(l) of the subpart F regulationsstates that equipment used to evacuate


refrigerant from an MVAC or MVAC-likeappliance prior to its disposal must becapable of reducing the system pressureto 102 mm (4 inches) of mercuryvacuum. If the refrigerant is transferredto a reclaimer after recovery, thisremains the only restriction on whatkind of equipment may be used torecover refrigerant from an MVAC orMVAC-like appliance.

If, on the other hand, the recoveredrefrigerant is bound for re-use in theMVAC or MVAC-like appliance servicesector without being reclaimed first,then the provisions set forth in today’srule apply. Specifically, the rule adds anew requirement, set forth in section82.34(d), that any refrigerant extractedfrom an MVAC or an MVAC-likeappliance located at a motor vehicledisposal facility and that is bound forre-use in the MVAC/MVAC-likeappliance service sector without firstundergoing reclamation must berecovered using approved refrigerantrecycling equipment (i.e., section 609equipment) dedicated for use withMVACs and MVAC-like appliances.

This requirement departs from theproposed regulatory text, which wouldhave permitted persons recoveringrefrigerant at motor vehicle disposalfacilities for re-use in the MVAC/MVAC-like appliance service sector tocontinue to use not only equipmentapproved under section 609, but alsoany other equipment capable ofreducing system pressure to or below102 mm of mercury vacuum. EPA ispromulgating this change to theproposed regulation because it willserve to reduce the risk of disposalfacilities serving as the source ofcontaminated refrigerant supplies,because of the high level of supportamong the commenters for this changein the regulations, and because this newrequirement will not create economichardships for motor vehicle disposalfacilities.

The Agency believes that without thismore stringent equipment standard,persons recovering refrigerant atfacilities who dismantle bothrefrigerators, residential air conditionersand other section 608 appliances, andmotor vehicles, may engage in thepractice of using the same equipment torecover refrigerant from a motor vehiclebound for disposal and to recover fromsection 608 appliances refrigerant that ishigh in acid levels due to compressorburn-out (and perhaps mixing thatrefrigerant with refrigerant recoveredfrom MVACs and MVAC-likeappliances). Sources such as residentialair conditioners and refrigerators aremuch more likely to have ceasedoperation because of compressor burn-

out. The refrigerant might then be soldto a section 609 certified technician foruse in an MVAC or MVAC-like appli-ance. Any efforts by the technician toidentify the refrigerant would not showthat the refrigerant was contaminated bythese acids. Recycling equipmentavailable to motor vehicle serviceestablishments removes only moisture,oil and noncondensable gas (air) fromthe refrigerant, and is not capable ofremoving acids.

EPA believes that allowing motorvehicle disposal facilities to useequipment approved under section 608will not provide adequate safeguardsagainst the risk of contaminatedrefrigerant. Section 608 equipment isspecifically designed for use withrefrigerant that later gets reclaimed,rather than merely recycled and then re-used. Some section 608 equipment isdesigned to be used to recover multiplerefrigerants using common circuitry.Residues from recovering one refrigerantmay contaminate a second recoveredrefrigerant; but again, suchcontamination is of little consequencebecause the refrigerant mixture is thenreclaimed. However, if section 608equipment were to be used to recoverrefrigerant that is then sold to anautomotive facility for use in theMVAC/MVAC-like appliance servicesector without prior reclamation, it islikely that automotive air-conditioningsystems would become contaminatedwith refrigerant that, although it hasbeen recycled by the facility usingapproved section 609 equipment,contains residues of acids and/or otherrefrigerants. In EPA’s view, thispossibility poses an unacceptable risk ofcontamination, both to the automotivefacility’s recycling equipment and to theMVAC systems in its customers’vehicles.

In the proposed rule, EPA requestedcomment as to whether the existingrequirement of allowing refrigerantrecovery using any equipment that canachieve a 102 mm mercury vacuumshould be modified. EPA specificallyrequested comment on whether EPAshould require that persons recoveringrefrigerant must instead use onlyequipment that meets the definition of‘‘approved refrigerant recyclingequipment’’ set forth in § 82.32(b) (i.e.,equipment approved under section 609).Many commenters to the rule supportedthis change. No commenters opposedthis specific change, although onecommenter stated that ‘‘EPA shouldprotect the investment [that] companiesmade in equipment that met appropriatestandards when purchased, or thatcannot be deemed ‘‘substantiallyidentical’’ under current standards.’’

The Agency believes that this changedoes not affect that investment, becauseowners of equipment that is notapproved under section 609 but canachieve a 102 mm mercury vacuum maystill use their equipment to recoverrefrigerant, which is then sent to areclaimer.

One commenter noted that given thatthe purpose of section 609 of the Act isto prevent refrigerant venting, encouragethe proper recovery and recycling ofrefrigerants, and maintain the purity ofthe existing refrigerant supply, theAgency is obligated to establish a levelplaying field between motor vehicledisposal facilities and automotiveservice facilities by requiring thatrefrigerant handlers in disposal facilitiesmeet similar standards to refrigeranthandlers in service facilities. EPA doesnot believe that motor vehicle disposalfacilities handling refrigerant andautomotive service facilities handlingrefrigerant should necessarily be subjectto the same regulatory requirementsbecause the circumstances are not thesame. However, EPA believes that therequirement to use section 609equipment to recover any refrigerantthat has been extracted from an MVACor an MVAC-like appliance located at amotor vehicle disposal facility, and isbound for re-use in the MVAC/MVAC-like appliance service sector withoutprior reclamation, properly reflectssimilar treatment for similarcircumstances, without creatingeconomic hardships for motor vehicledisposal facilities.

Under this regulatory framework,motor vehicle disposal facilities do notnecessarily have to purchase section 609approved refrigerant recyclingequipment. If they choose to useequipment that does not meet therequirements of section 609 (but is stillcapable of achieving a 102 mm vacuum,as the section 608 regulations require) torecover refrigerant, they may thentransport the refrigerant to a reclaimer.Alternatively, they may bring atechnician certified under section 609,who operates approved refrigerantrecycling equipment, on-site to recoverthe refrigerant before it gets recycledand re-used in the MVAC/MVAC-likeappliance service sector.

Within the next few years, more andmore vehicles will enter disposalfacilities with some HFC–134a left inthe system. In addition, as the nation’ssupplies of CFC–12 diminish, increasingnumbers of owners of older vehicleswill replace the CFC–12 in theirvehicles with HFC–134a or with blendrefrigerants that enter the marketplace.If disposal facilities wish to sell therefrigerant to an MVAC service facility


without prior reclamation, thenrefrigerant must be recovered intosection 609-approved equipmentdesigned for use with that particularrefrigerant. Facilities daunted at thethought of purchasing multiple pieces ofequipment may of course contract witha technician certified under section 609to bring his pieces of equipment to thefacility, or they may recover multiplerefrigerants into one piece of equipmentdesigned under the section 608 programfor such use (taking care to recover therefrigerants into separate containers),and send the refrigerant to a reclaimer.

d. Persons who may purchaserefrigerant recovered from a motorvehicle disposal facility:. Today’s ruleplaces certain restrictions on who maypurchase refrigerant recovered from amotor vehicle disposal facility if thatrefrigerant is bound for re-use in theMVAC/MVAC-like appliance servicesector without prior reclamation.Specifically, section 82.34(d) states thatany sale of a class I or class II substanceextracted from an MVAC or an MVAC-like appliance at a motor vehicledisposal facility that is not reclaimed,must be to a technician certified undersection 609.

For class I and II substances recoveredfrom MVACs and MVAC-likeappliances, sections 608 and 609authorize the sales restriction. Whilesection 609 is limited to restricting thesale of class I or II substances in smallcontainers for use in MVACs, section608 authorizes a broader salesrestriction. The sales restrictionprovision promulgated today forinclusion in 82.34(d) basically repeatsthe sales restrictions previouslypromulgated at 82.34(b) and 82.154(m).Today’s rule makes clear that therestriction applies with respect to classI or II substances recovered fromMVACs or from MVAC-like appliancesduring the disposal process.

The current sales restriction in section609(e) does not extend to non-ozone-depleting substitute refrigerants at thistime. EPA is currently developing aproposal addressing the use ofsubstitutes under section 608, and isconsidering extending the salesrestriction to such substitutes. EPA willaddress the sale of such substitutesrecovered from MVACs and MVAC-likeappliances during the disposal processin that proposed rulemaking.

Several commenters urged EPA torequire that all refrigerant recovered atmotor vehicle disposal facilities be sentdirectly to a reclaimer. Thesecommenters believe that the current useand future proliferation of refrigerantsalready has and will inevitably result inmuch contamination. EPA recognizes

that although motor vehicle airconditioning has long been dominatedby CFC–12, automotive manufacturersnow install HFC–134a in new carsystems, while some refrigerantmanufacturers are attempting toestablish large markets for other CFC–12substitutes in vehicles. Thisproliferation of refrigerants in thesection 609 sector increases the chancesof contamination in individual systems.Contaminated refrigerant supplies maycreate MVAC system failures as well asfailures of refrigerant recover/recycleequipment, leading to emissions ofrefrigerants and to increased costs forboth service facilities and motor vehicleowners. In addition, contaminatedrefrigerant may be extremely difficult torecycle, reclaim, or dispose of, so that itis likely to be vented into theatmosphere. As noted above, in thefuture, should increased contaminationrates in MVACs or MVAC-likeappliances be traced to refrigerantrecovered from motor vehicle disposalfacilities and re-used in vehicleswithout prior reclamation, EPA mayrevise its regulations pertaining to motorvehicle disposal facilities and requirethat all refrigerant recovered from suchfacilities be sent to reclaimers. For now,however, instituting such a requirementwould defeat a major purpose of today’srule: To increase the value of refrigerantrecovered from motor vehicle disposalfacilities, thereby reducing the amountof refrigerant that either leaks out ofMVACs while they await disposal or ispurposely vented during the process ofdisposal.

Commenters cited several otherrelated reasons to require that allrefrigerant recovered at motor vehicledisposal facilities be sent directly to areclaimer. One commenter suggestedthat any sales of refrigerant should beallowed only when the seller candemonstrate that the refrigerant meetsnew product standards. Thisrequirement would limit refrigerantsales to wholesalers and retailers whoown stocks of virgin refrigerant, and toreclaimers, who have reclaimed therefrigerant to ARI 700 standards (i.e.,new product standards). Again, thisrequirement would defeat the intent oftoday’s rule to encourage new marketsfor valuable refrigerants.

Another commenter noted (and EPAagrees) that any refrigerant that is notreclaimed must be recycled inaccordance with EPA standards, whichare in turn based on SAE standards. Thecommenter went on to state that theSAE standards govern refrigerant thathas been directly removed from, andwill be directly re-used in, MVACs only,and that equipment that meets the SAE

standards was not designed for use withrefrigerants contaminated with eachother. EPA agrees with the commenterthat recovery/recycling equipment wasgenerally designed for use with single,specific refrigerants, and that runninghighly contaminated refrigerant throughsuch equipment not only may damagethe equipment but will certainly notclean the refrigerant of any impuritiesother than oil, air and moisture.

EPA recognizes that even the use ofproper recovery procedures at a motorvehicle disposal facility does notguarantee refrigerant purity. Certainvehicles will enter the disposal facilitywith ‘‘mystery’’ refrigerants in their a/csystems, or with identifiable, but highlycontaminated, refrigerants. Theseincidences are most likely to increase inthe future. As one commenter stated:‘‘Soon, owners of older vehicles withCFC–12 systems requiring major repairwill elect to retrofit their systems toother refrigerants. When CFC–12 is nolonger available, the consumer with aCFC–12 system will be forced to retrofitto an alternative refrigerant, buy a newcar or give up the comfort of an airconditioned car. As more alternaterefrigerants come to market and timepasses, the grave-yards for oldervehicles will be littered with vehicleshaving a wide variety of refrigerants intheir A/C systems. Some of thesesystems will contain contaminatedrefrigerant.’’

Regulations promulgated undersection 612 of the Act require thatMVACs and MVAC-like appliancesusing any replacement refrigerants forCFC–12 are required by EPA to haveunique fittings and a label stating thetype of refrigerant used in the air-conditioning system. This regulatoryrequirement should serve to deterincreases in the rate at which systemsbecome contaminated, before they reachmotor vehicle disposal facilities. At thistime, EPA does not possess significantdata that describe rates of contaminationin vehicles, sources of contamination,and kinds of contaminants. If theAgency obtains this type of data in thefuture, it may consider taking additionalsteps to minimize contamination.

Recovering the refrigerant himself isone way a section 609 certifiedtechnician can guarantee that therefrigerant at the disposal facility hasbeen properly recovered. He maypurchase the refrigerant from a motorvehicle disposal facility that he knowsuses proper refrigerant recoveryprocedures. Neither of these actions,however, protects him againstpurchasing or using refrigerant thatbecomes contaminated before it arrivesat the motor vehicle disposal facility. In


order to guard against that event, hemay also enter into a written contractwith the disposal facility in which thefacility agrees to sell him onlyrefrigerant that meets certain purityrequirements.

Similarly, neither requiring motorvehicle disposal facilities to useequipment approved under section 609of the Act, nor requiring purchasers ofrefrigerant recovered from thosefacilities to recycle the refrigerant priorto charging it into another vehicle, willabsolutely protect the vehicle ownerfrom having contaminated refrigerantcharged into his car. To ensure thepurity of the refrigerant, the technicianmay run it through a refrigerantidentifier prior to purchasing therefrigerant (as was stronglyrecommended in the preamble to theproposed rule). In addition, motorvehicle disposal facilities may wish topurchase these identifiers as a way tocheck the purity of the refrigerant soldto automotive service technicians, inorder to better ensure their customers’satisfaction. However, not all portablerefrigerant identifier equipment iscurrently sophisticated enough toidentify all of the refrigerants incommerce today, including blendrefrigerants, and all potentialcontaminants. A requirement topurchase any identifier on the marketwill therefore not ensure the ultimateprotection of the vehicle owner fromhaving contaminated refrigerant chargedinto his car.

In the July 14, 1992 final rule, EPAstated in the preamble language that ‘‘itis unlikely that persons in the businessto service motor vehicle air conditionerswould knowingly use contaminatedrefrigerant since they have an interest insatisfying customers and not injuringthe customer’s air conditioner’’ (57 FR31248). While the Agency is fully awarethat some automotive servicetechnicians may knowingly charge theircustomers’ vehicles with refrigerant thatthey know to be contaminated, EPA isnot convinced, as it was not in 1992,that a majority, or even a large number,of service technicians will choose toengage in such unscrupulous behavior.Knowingly charging vehicles withcontaminated refrigerant jeopardizes theperformance of both a technician’scharging equipment and his customer’svehicle’s a/c system. Should the systemfail due to the contamination (knowingor unknowing), the customer mayreturn, unhappy, perceiving that thetechnician has failed to fix the initialsystem problem, or that the technicianhas worsened the initial problem.

EPA believes that if automotiveservice technicians have any doubt or

question about the purity of refrigerantthey have purchased from a motorvehicle disposal facility, they will testthe refrigerant using refrigerantidentifier equipment prior to recycling itin their refrigerant recycling equipmentor prior to installing it in a customer’svehicle. If a section 609 technician isunsure about the purity of therefrigerant he may obtain from a localdisposal facility, and is fearful aboutdamaging both his recover/recycleequipment and his reputation with hiscustomers, he always has anothersolution: he may forego purchasing fromthe facility, and instead purchase virginrefrigerant from his parts supplier, orreclaimed refrigerant from a reclaimer.As one commenter, a trade associationrepresenting automotive servicefacilities, stated, ‘‘it is precisely themixing of different refrigerants and thepossibility of contamination whichwould preclude many of our membersfrom considering disposal facilities as asource for recovered refrigerant.’’

e. Subsequent use of recoveredrefrigerant. Today’s rule also placescertain restrictions on the use andhandling of refrigerant recovered from amotor vehicle disposal facility if thatrefrigerant is not transferred to areclaimer after recovery, but instead isbound for re-use in the MVAC/MVAC-like appliance service sector withoutprior reclamation. Specifically, section82.34(d) requires that certifiedtechnicians process refrigerantrecovered from a motor vehicle disposalfacility through section 609 approvedrefrigerant recycling equipment before itmay be used to charge or rechargeanother MVAC or MVAC-like appliance.Section 609 authorizes this restrictionwith respect to MVACs, both for class Iand class II substances as well assubstitutes. Refrigerant recovery atmotor vehicle disposal facilities occursin an environment where moisture andair easily get into hoses and cylinders.Requiring recycling of the refrigerantprior to charging it into another vehiclewill ensure than any excess moisture orair in the refrigerant is reduced toacceptably low levels. Section 608(a)authorizes this restriction with respectto MVAC-like appliances.

A certified technician purchasing oraccepting refrigerant from MVACs orMVAC-like appliances bound fordisposal and located at a motor vehicledisposal facility is responsible to assurethat the refrigerant is recycled properlyprior to being charged into anotherMVAC or MVAC-like appliance andassurances from the disposal facilityregarding recycling do not remove thisresponsibility.

Today’s rule also provides that ifrefrigerant recovered from a motorvehicle disposal facility is to be recycledin section 609 approved refrigerantrecycling equipment rather thanreclaimed prior to re-use, the refrigerantmay subsequently be charged only intoan MVAC or an MVAC-like appliance.Several commenters expressed concernthat once a technician certified undersection 609 had purchased refrigerantfrom a motor vehicle disposal facility,he could then sell it to a techniciancertified under section 608 for use in thestationary/commercial sector, or, if thesection 609 technician were alsocertified under section 608, he himselfcould use the refrigerant in thestationary/commercial sector. Sections82.154 (g) and (h) prohibit the re-use ofrefrigerant recovered from an MVAC orMVAC-like appliance without priorreclamation unless it is returned to anMVAC or MVAC-like appliance.However, some commenters believe thatthis prohibition, contained as it is insubpart F, the section 608 regulations,will not give automotive servicetechnicians sufficient notice that thesale of refrigerant by a section 609technician to a section 608 technician isprohibited. EPA is therefore amendingthe proposed language under § 82.34(d)to add a sentence that states thattechnicians certified under section 609who purchase a class I or class IIsubstance recovered at such facilitiesmust subsequently re-use the refrigerantin an MVAC or MVAC-like appliance.This new provision, essentially areiteration of the current requirementsset forth in § 82.154 (g) and (h),implements EPA’s mandate undersection 608 to prescribe standards andequipment regarding the use anddisposal of class I or II substances, inorder to reduce the use and emissionsof these substances to the lowestachievable level, and to maximize therecapture and recycling of thesesubstances. Specifically, section 608(a)requires EPA to promulgate regulationsregarding use and disposal of class I andII substances that ‘‘reduce the use andemission of such substances to thelowest achievable level’’ and ‘‘maximizethe recapture and recycling of suchsubstances.’’ Section 608(a) furtherprovides that ‘‘[s]uch regulations mayinclude requirements to use alternativesubstances (including substances whichare not class I or class II substances)* * * or to promote the use of safealternatives pursuant to section 612 orany combination of the foregoing.’’Improper handling of substitutesubstances is likely to producecontamination (and therefore reduction


in recycling) and release of class I andclass II substances.

f. Recordkeeping and reporting:Today’s rule does not require anyadditional recordkeeping relating torefrigerant recovered from MVACs orMVAC-like appliances prior to disposal.Requiring disposal facilities to trackrefrigerant, and to demonstrate how therefrigerant in each MVAC or MVAC-likeappliance was handled prior to thedisposal of the vehicle, would inhibitthe activity EPA is encouraging intoday’s rule. Further, a recordkeepingrequirement would add an undueadministrative burden to industrybecause of the large number of vehiclesdisposed of annually, and wouldprovide little measurable benefit to theenvironment.

Persons who recover refrigerant atmotor vehicle disposal facilities for re-use in the MVAC/MVAC-like applianceservice sector without prior reclamationare not exempted from any applicablerecordkeeping and reportingrequirements set forth under the section608 regulations. Section 82.166(a)requires all persons who sell ordistribute any class I or class IIsubstance for use as a refrigerant toretain invoices that indicate the name ofthe purchaser, the date of sale, and thequantity of refrigerant purchased.Section 82.166(i) requires all personsdisposing of MVACs and MVAC-likeappliances to maintain copies of signedstatements obtained under§ 82.156(f)(2), which in turn requirespersons who take the final step in thedisposal process of MVACs or MVAC-like appliances, if they have notrecovered any remaining refrigerantthemselves, to verify that the refrigeranthas been evacuated previously. Thisverification must include a signedstatement from the person from whomthe MVAC or MVAC-like appliance isobtained that all refrigerant that had notleaked previously has been recovered inaccordance with EPA regulations. Thestatement must include either the nameof the person who recovered therefrigerant and the date that therefrigerant was recovered, or a copy ofan ongoing contract that requires thatthe refrigerant deliverer ensure that therefrigerant is removed prior to delivery.

Comments on the recordkeeping/reporting requirements generally urgedenforcement of the existingrequirements, or suggested that EPArequire the type of recordkeepingalready required under § 82.166(a)(evidently some commenters were notaware of this requirement).

2. Mobile Recovery and Recycling

Today’s rulemaking explicitly permitsthe mobile servicing of MVACs andMVAC-like appliances. Allowing mobileservice performed by certifiedtechnicians using approved equipmentencourages proper use of the equipmentand discourages venting of refrigerant.This policy also increases the flexibilityof industry to choose the mode ofcompliance by allowing businesses thatdo not specialize in MVAC/MVAC-likeappliance service to contract theirMVAC/MVAC-like appliance servicesthat involve refrigerant to a section 609certified technician. The definition of‘‘properly using’’ set forth in 40 CFR82.32(e) is consequently amended toexplicitly permit this activity. AnMVAC service facility engaging orcontracting with a technician providingthe mobile service (or with the facilityemploying him) is responsible to ensurethat the technician actually performingthe service is properly certified. Thisprovision applies to servicing bothCFC–12 systems and systems that useany substitutes for CFC–12, in bothMVACs and MVAC-like appliances.

Comments to the proposal toexplicitly permit mobile recovery andrecycling were strongly supportive. Onetypical commenter remarked that ‘‘weare in favor of this proposed change, asmany of our customers * * * are unableto transport their equipment to aservicing location due to the size andD.O.T. transport weight limitations.Also, very few of these companiesperform their own air-conditioningservice due to economic cost involvedin this service.’’ The commenterconcluded that this change in theregulations would enhance itsrelationships with its customers, sincethe commenter could service air-conditioning systems at its customers’job sites.

The Agency requested, but did notreceive, comments with respect towhether an MVAC service facility,engaging or contracting with atechnician who offers mobile service (orwith the facility employing him), shouldbe responsible to ensure that thetechnician is using section 609approved refrigerant recyclingequipment. EPA believes that using theproper equipment should be theresponsibility of the technician offeringthe mobile service (and the facilityemploying him), rather than of thefacility engaging his services.

The amendatory language does notpermit the mobile recovery of refrigerantfrom appliances governed under section608 of the Act, such as homerefrigerators and air conditioners.

Contaminants such as acid that are notfound in MVACs or MVAC-likeappliances are commonly found in theseappliances, and any recover/recycleequipment designed for automotive useexposed to refrigerant contaminatedwith acid could be severely damaged.Regulations promulgated under section608 of the Act address requiredpractices for recovering refrigerant fromstationary equipment.

These changes to the subpart Bregulations implementing section 609will also affect MVAC-like appliances.Section 82.156(a)(5) requires thatpersons opening MVAC-like appliancesfor service or repair may do so onlywhile properly using, as defined in§ 82.32(e), recovery or recyclingequipment. Since the Agency is todayamending section 82.32(e), thosechanges will automatically apply toMVAC-like appliances.

One commenter stated that EPAshould consider adding a recordkeepingrequirement to document therelationship between the facility thatowns the equipment used in the mobilerecovery and recycling service and thefacility receiving the service. Thecommenter suggested that thisrequirement would help inspectorsverify the recycling of refrigerant. TheAgency is not requiring that suchrecordkeeping be performed, due to theadditional burden it would place onsmall entities. However, EPA expectsthat any facilities that receive mobilerecovery/recycling service should beable to inform the Agency, whenrequested, who they have engaged orcontracted to perform the mobileservice. If they cannot so inform theAgency, and if they do not possess anyrecovery or recycling equipment, theAgency will presume that thosefacilities have vented refrigerant fromany air-conditioning systems they haveserviced.

3. Topping OffThe subpart B regulations

implementing section 609 state that anyfacility performing service involvingrefrigerant must purchase approvedrefrigerant recycling equipment.‘‘Service involving refrigerant’’ isdefined as ‘‘any service during whichdischarge or release of refrigerant fromthe motor vehicle air conditioner to theatmosphere can reasonably be expectedto occur’’ (40 CFR 82.32(h)). Thepreamble to the final 1992 section 609rule stated that MVAC servicingincludes ‘‘repairs, leak testing, and‘‘topping off’’ of air-conditioningsystems low on refrigerant, as well asany other repair which requires somedismantling of the air conditioner. Each


2 Interested parties should note that the May 2,1995 Federal Register (60 FR 21682) inadvertentlyomitted this sentence, as well as certain otherlanguage contained in § 82.32(e). This mistake wascarried over into the Code of Federal Regulations(CFR) revised as of July 1, 1995, as well as into theJuly 1, 1996 revision of the CFR. A correction noticewas not issued until January 16, 1997 at 62 FR2310. These omissions have created significantconfusion among affected stakeholders as to theexact text of § 82.32(e), the definition of properlyusing. The July 1, 1997 version of the CFR shouldinclude the corrections, but will not include therevisions promulgated today. With these revisions,the full text of § 82.32(e) should appear in the July1, 1998 version of the CFR as follows (new text ismarked in italics):

(e) Properly using. (1) Properly using means usingequipment in conformity with the regulations set

forth in this subpart, including but not limited tothe prohibitions and required practices set forth in§ 82.34, and the recommended service proceduresand practices for the containment of refrigerant setforth in appendices A, B, C, D, E, and F of thissubpart, as applicable. In addition, this termincludes operating the equipment in accordancewith the manufacturer’s guide to operation andmaintenance and using the equipment only for thecontrolled substance for which the machine isdesigned. For equipment that extracts and recyclesrefrigerant, properly using also means to recyclerefrigerant before it is returned to a motor vehicleair conditioner or MVAC-like appliance, includingto the motor vehicle air conditioner or MVAC-likeappliance from which the refrigerant was extracted.For equipment that only recovers refrigerant,properly using includes the requirement to recyclethe refrigerant on-site or send the refrigerant off-sitefor reclamation.

(2) Refrigerant from reclamation facilities that isused for the purpose of recharging motor vehicle airconditioners must be at or above the standard ofpurity developed by the Air-Conditioning andRefrigeration Institute (ARI 700–93) (which iscodified at 40 CFR part 82, subpart F, appendix A,and is available at 4301 North Fairfax Drive, Suite425, Arlington, Virginia 22203). Refrigerant may berecycled off-site only if the refrigerant is extractedusing recover-only equipment, and is subsequentlyrecycled off-site by equipment owned by the personthat owns both the recover-only equipment andowns or operates the establishment at which therefrigerant was extracted. In any event, approvedequipment must be used to extract refrigerant priorto performing any service during which dischargeof refrigerant from the motor vehicle air conditionercan reasonably be expected. Intentionally venting ordisposing of refrigerant to the atmosphere is animproper use of equipment.

(3) Notwithstanding any other terms of thisparagraph (e), approved refrigerant recyclingequipment may be transported off-site and used toperform service involving refrigerant at otherlocations where such servicing occurs. Any suchservicing involving refrigerant must meet all of therequirements of this subpart B that would apply ifthe servicing occurred on-site.

(4) Facilities that charge MVACs or MVAC-likeappliances with refrigerant but do not perform anyother service involving refrigerant (i.e., perform‘‘top-offs’’ only) are considered to be engaged in‘‘service involving refrigerant’’ and are subject toany and all requirements of this subsection thatapply to facilities that perform a wider range ofrefrigerant servicing. For facilities that chargeMVACs, this includes the requirement to purchaseapproved refrigerant recycling equipment. Forfacilities that only charge MVAC-like appliances,this does not include the requirement to purchaseapproved refrigerant recycling equipment, but doesinclude the requirement to be properly trained andcertified by a technician certification programapproved by the Administrator pursuant to either§ 82.40 or § 82.161(a)(5).

(5)All persons opening (as that term is defined in§ 82.152) MVAC-like appliances must have at leastone piece of approved recovery or recyclingequipment available at their place of business.

of these operations involves areasonable risk of releasing refrigerant tothe atmosphere’’ (57 FR 31246). Despitethe clarity of this statement, someaffected stakeholders remain unsurewhether quick-lubes and other facilitieswhich may perform top-offs but noother service involving refrigerant arerequired to purchase recovery/recyclingequipment approved under section 609.One commenter to the proposal fortoday’s rule asked that the regulationsgoverning these facilities be made moreclear. Consequently, the definitions of‘‘properly using’’ and ‘‘service involvingrefrigerant’’ are being expanded today tofurther clarify that ‘‘service involvingrefrigerant’’ includes topping off, andthat facilities that perform top-offs butno other refrigerant servicing or repairare still considered to be engaged in‘‘service involving refrigerant’’ and mustpurchase approved recovery/recyclingequipment.

These changes to the section 609 rulewill not affect MVAC-like appliances.Although § 82.156(a)(5) requires thatpersons opening MVAC-like appliancesfor service or repair may do so onlywhile properly using, as defined insection 82.32(e), recovery or recyclingequipment, under the subpart Fregulations, connecting anddisconnecting hoses to an appliance toadd refrigerant is not considered‘‘opening’’ the appliance.

4. Recharging Refrigerant Into the SameVehicle From Which the RefrigerantWas Extracted

The subpart B regulationsimplementing section 609 state that anyfacility performing service involvingrefrigerant must properly use approvedrefrigerant recycling equipment. Thecurrent definition of ‘‘properly using’’states in part that ‘‘[f]or equipment thatextracts and recycles refrigerant,properly using also means to recyclerefrigerant before it is returned to amotor vehicle air conditioner’’ (40 CFR82.32(e)(1)).2 Despite the clarity of this

statement, some affected stakeholdersremain unsure whether refrigerant mustbe recycled prior to being returned tothe same vehicle from which it has beenextracted. One commenter to theproposal for today’s rule asked that theregulations governing service practicesinvolving refrigerant that is returned tothe same vehicle it came from be mademore clear. Consequently, this sentencein the definition of ‘‘properly using’’ isbeing expanded today to further clarify

that when any automotive refrigerant—whether CFC–12, HFC–134a, or a blendlisted as acceptable under EPA’s SNAPprogram—is recovered from an MVAC,it must be recycled in accordance withEPA standards prior to being returned tothat MVAC. This change to the section609 rule will also affect MVAC-likeappliances. Section 82.156(a)(5) requiresthat persons opening MVAC-likeappliances for service or repair may doso only while properly using, as definedin § 82.32(e), recovery or recyclingequipment. Since the Agency is todayamending § 82.32(e), this change willautomatically apply to MVAC-likeappliances.

B. Equipment Standards.Section 609(b)(1) of the Act states that

effective November 15, 1995, the term‘‘refrigerant,’’ as defined in section 609,shall also include any substance thatsubstitutes for a class I or class IIrefrigerant used in an MVAC. Section609(b)(2)(A) specifies that theAdministrator shall establish standardsfor approved refrigerant recyclingequipment. Section 82.36(a) of theregulations specifies that equipmentthat recovers and recycles CFC–12refrigerant must meet the standards setforth in appendix A to the section 609regulations, and that equipment thatrecovers but does not recycle CFC–12refrigerant must meet the standards setforth in appendix B to the regulations.Today’s rulemaking provides thatequipment that recovers and recyclesHFC–134a must meet the standards setforth in appendix C, that equipment thatrecovers but does not recycle HFC–134amust meet the standards set forth inappendix D, that equipment thatrecycles both CFC–12 and HFC–134ausing common circuitry must meet thestandards set forth in appendix E, andthat equipment that recovers but doesnot recycle a single, specificreplacement refrigerant other than HFC–134a must meet the standards set forthin appendix F.

These new equipment standards alsoapply to the servicing of MVAC-likeappliances. Section 82.156(a)(5) requiresthat persons opening MVAC-likeappliances for service or repair may doso only while properly using, as definedin § 82.32(e), recovery or recyclingequipment. Since the Agency is todayamending § 82.32(e), the definition of‘‘properly using,’’ to reference theequipment standards set forth in today’srule, the equipment standards willapply to MVAC-like appliances.

All of the standards are appropriatefor recovery and recycling because theyachieve environmental protectionthrough efficient recovery and recycling


of refrigerant, and protect automobileequipment through minimumrefrigerant purity standards and serviceprocedure standards. The appendix Cstandards are based on SAE J2099(Standard of Purity for Recycled HFC–134a), SAE J2211 (RecommendedService Procedure for the Containmentof HFC–134a), and SAE J2210 (Standardfor HFC–134a Recycling Equipment);the appendix D standards are based onSAE J2211 (set forth in appendix C) andSAE J1732 (HFC–134a ExtractionEquipment for Mobile Air ConditioningSystems); and the appendix E standardsare based on SAE J2211 (set forth inappendix C), SAE J1989 (set forth inappendix A), and SAE J1770 (Standardfor Recycling Equipment Intended forUse with Both CFC–12 and HFC–134a).The standards adopted today asappendices C, D and E represent aconsensus of the Interior ClimateControl Committee of SAE. Thiscommittee is made up of automotiveindustry experts, equipment and supplymanufacturers, and chemical producers.SAE prepared the standards for therecycling of CFC–12 (SAE J1989, 1990,and J1991) later adopted by EPA inappendix A, and for the recovery ofCFC–12 (SAE J1989 and J2209) lateradopted by the Agency in appendix B,and the Agency believes that thestandards set forth for the recovery andrecycling of HFC–134a in today’srulemaking as appendices C, D and Eare consistent with the specificationsrequired in those standards for CFC–12.

Appendix F, Standard for Recover-Only Equipment that Extracts a Single,Specific Refrigerant other than CFC–12or HFC–134a, is based on SAE J1732(HFC–134a Extraction Equipment forMobile Air Conditioning Systems,contained in appendix D). Since SAEhas not developed formal standards forthe recovery of most refrigerants listedas acceptable under EPA’s SignificantNew Alternative Policy (SNAP) programother than HFC–134a and is not likelyto do so in the future, the Agencydeveloped in cooperation with SAE andother industry representatives astandard for recover-only equipmentdesigned to extract these newrefrigerants. The Agency also believesthat the standard adopted today asappendix F for the recovery ofreplacement refrigerants other thanHFC–134a, is consistent with thespecifications required in thosestandards for CFC–12.

The standards adopted today containspecifications for labeling equipmentonce it is certified; safety requirements;requirements that the equipmentmanufacturer must provide operatinginstructions; and functional

descriptions of the equipment,including hose and fittingspecifications, overfill protectionrequirements and additional storagetank requirements. The standardsrequire that the container for usedrefrigerant be gray with a yellow top andbe marked in black print ‘‘DIRTYREFRIGERANT—DO NOT USE, MUSTBE REPROCESSED.’’ The standardsstate that the equipment must be able toseparate lubricant from recoveredrefrigerant and to indicate accurately theamount removed from the air-conditioning system in order to assurethat the proper amount of lubricant canbe returned to the system.

The Act states that standardsdeveloped by the Administrator shall, ata minimum, be as stringent as SAEJ1989 in effect as of the date ofNovember 15, 1990. The standardsproposed today are equally as stringentas SAE J1989 regarding the procedurefor extracting refrigerant and separatinglubricant from refrigerant. They offerfurther specifications on extractionefficiency (referring to 102 mm ofmercury versus the more generalstatement regarding removal ‘‘to avacuum’’). Procedures and requirementsregarding unintentional releases ofrefrigerant during the extraction processare equivalent to SAE J1989.

Comments to the adoption of thestandards set forth in appendices C, D,E and F were generally minimal andsupported the establishment of thestandards. One commenter noted thatthe proposed standard in appendix F forequipment designed to recover, but notrecycle, replacement refrigerants otherthan HFC–134a does not provide forsufficient identification of therefrigerant in the test sample to beprocessed. In order to ensure that the‘‘dirty cocktail’’ of contaminatedrefrigerant provides an accurate test ofthe equipment’s ability to recover usedrefrigerant, the standard set forth inappendix F now specifies in 6.2.1 that‘‘refrigerant shall be identified prior tothe recovery process to within ±2% ofthe original manufacturer’s formulationwhich was submitted to, and acceptedby, EPA under its Significant NewAlternatives Policy program.’’

One other change was made in orderto ensure that the ‘‘dirty cocktail’’provides an accurate test of theequipment’s ability. The proposedappendix F provided that the sampleshould contain a combination ofmineral oil and POE oil in the ‘‘dirtycocktail.’’ Because replacementrefrigerants other than HFC–134a arelikely to be contaminated with acombination of mineral, PAG and POEoils, however, the ‘‘dirty cocktail’’

sample set forth in appendix F has beenrevised so that the oil in the sampleshall be one-third mineral oil 525suspension nominal, one-third PAGwith 100 cSt viscosity at 40° C orequivalent, and one-third POE with 100cSt viscosity at 40° C or equivalent. Thisspecification should approximate morerealistically the type of contaminants inused refrigerant that such equipment islikely to handle.

With respect to the new standard setforth in appendix F for recover-onlyequipment designed to servicereplacement refrigerants other thanHFC–134a, one commenter askedwhether service facilities must purchasea recover-only or recover/recycle unitfor every new replacement refrigeranton the market. In order to respond to thecommenter’s question, and to provideinformation to the public that addressesseveral related questions that theAgency has recently received aboutreplacement refrigerants other thanHFC–134a, it is worth repeating here thecontents of a letter sent tomanufacturers of replacementrefrigerants by EPA on October 16, 1996.The letter stated in part that ‘‘undersection 608 of the CAA, it is illegal tovent any MVAC refrigerant. Therefore,even in the absence of EPA regulations,technicians must, at a minimum,recover refrigerant and not release it tothe atmosphere. In accordance with theuse conditions required under theSignificant New Alternatives Policy(SNAP) program, the recoveryequipment must be dedicated to aspecific refrigerant by permanentlyapplying the fittings unique to thatrefrigerant. Thus, by applying thefittings, it is legal to convert a recoverymachine to be used with an MVACrefrigerant other than the refrigerant themachine was originally intended torecover.

‘‘Even though recovering a givenrefrigerant using permanently convertedequipment is legal, it may not betechnically desirable. Recoverymachines are designed to be compatiblewith specific refrigerants, andincompatible materials may cause shortcircuits, damage to seals, andcompressor failure. Technicians shouldcheck with the recovery equipmentmanufacturer for recommendationsabout the recovery of refrigerants otherthan the refrigerant the equipment wasoriginally intended to recover.Conversion of recovery equipment foruse with other refrigerants mayinvalidate any warranties offered by theequipment manufacturer.’’

The October 16, 1996 letter continues:‘‘[s]ervice shops may either recoverHFC–134a or recycle it using special


recycling equipment in the shop.Currently, however, it is not legal torecycle any other alternative MVACrefrigerant. EPA’s policy is that until astandard for equipment designed torecycle a particular refrigerant ispublished and available (by EPA or anindustry organization like SAE or UL),then it is illegal to recycle thatrefrigerant. * * * No EPA or establishedindustry recycling standard exists todayfor any alternative refrigerant other thanHFC–134a. Therefore, using a recyclingmachine to recycle these alternatives isnot allowed.

‘‘For cars that use HFC–134a, theservice technician will usually recyclethe refrigerant using equipment thatmeets the SAE standard, althoughrecovery followed by off-sitereclamation is also an option. For carsthat use a blend, however, recoveryusing dedicated equipment andreclamation is currently the only option.No standard exists today to provide forthe recycling of blends. * * * UnlessEPA issues recycling standards forrefrigerants other than CFC–12 andHFC–134a, it will remain illegal torecycle them.’’

All of the replacement refrigerants onthe market today other than HFC–134aare class II blend refrigerants rather thansingle chemical refrigerants. Within theupcoming months, EPA intends todevelop regulations setting forth, to theextent applicable, standards for thefollowing types of recovery andrecycling equipment designed to serviceMVAC refrigerants other than CFC–12and HFC–134a:

1. Recover-only Equipmenta. New equipment designed to service

multiple blend refrigerants.b. Existing equipment retrofitted for

permanent servicing of a single blendrefrigerant.

c. Existing equipment retrofitted forpermanent servicing of multiple blendrefrigerants.

2. Recover/Recycling Equipment

a. New equipment designed to servicea single blend refrigerant.

b. New equipment designed to servicemultiple blend refrigerants.

c. Existing equipment retrofitted forpermanent servicing of a single blendrefrigerant.

d. Existing equipment retrofitted forpermanent servicing of multiple blendrefrigerants.

The standards that EPA intends topropose will provide that existingrecover-only and recover/recycleequipment, once permanently convertedfor use with another refrigerant, willhave to meet the same standards thatapply to new equipment that recovers,

or recovers and recycles, thatrefrigerant. For example, R–12 or R–134a recover-only equipment convertedfor permanent use with a single, specificblend replacement refrigerant wouldhave to meet standards set forth inappendix F. R–12 recover-onlyequipment converted for permanent usewith R–134a would have to meet thestandards in appendix D, and R–12recover/recycle equipment converted forpermanent use with R–134a would haveto meet the standards in appendix C.Similarly, R–12 recover/recycleequipment converted for permanent usewith a single, specific blend refrigerantwould have to meet the standard thatgoverns new recover/recyclingequipment designed to service a singleblend refrigerant (if such a standard isever developed; if not, EPA willcontinue to prohibit the conversion ofCFC–12 or HFC–134a recyclingequipment for use with otherrefrigerants). The standards forconverted equipment would not onlycross-reference the appropriate standardthat must be met, but are likely also tospecify that the conversion must beperformed by the equipmentmanufacturer’s service representativerather than the automotive servicetechnician, that a unit may only beconverted if retrofit procedures for thatmodel have been certified by anindependent testing laboratory, and thatan appropriate label, indicatingconformance to the appropriatestandards, is affixed to the unit.

EPA is at this time uncertain as towhether equipment converted for use toone or more refrigerants other than theoriginal refrigerant for which it wasintended will be consideredsubstantially identical to certifiedequipment. Section 609 provides thatequipment purchased after the proposalof regulations shall be certified by anindependent standards testingorganization as meeting the applicablestandard set forth in the regulations,while equipment purchased prior to theproposal of regulations shall beconsidered certified if it is substantiallyidentical to equipment certified underthe section 609 regulations. Thestandards that EPA intends to proposewithin the next year may specify that ifequipment converted for use to one ormore refrigerants other than the originalrefrigerant for which it was intended isconverted prior to the date of theproposed rule, the Agency wouldconsider the converted equipment to besubstantially identical to new certifiedequipment, where the individual unithas been converted substantiallyaccording to the provisions set forth in

the conversion standard, and if theequipment is converted after the date ofthe proposal, the equipment would haveto be converted according to the specificprovisions set forth in the conversionstandard in order to be consideredapproved.

The Agency intends to work withindustry groups, including refrigerantmanufacturers and recovery/recyclingequipment manufacturers, and withindependent standards testingorganizations, to develop proposedstandards for the equipment listedabove. These proposed standards will bepublished in the Federal Register andsubject to public review and commentprior to promulgation of a final rule.

1. Standards for HFC–134a Recover/Recycle Equipment

Today’s rule adopts a standard, setforth in appendix C, for HFC–134arecycling equipment for mobile air-conditioning. This standard establishesspecific minimum equipmentrequirements for the recycling of HFC–134a that has been directly removedfrom, and is intended for reuse in,mobile air-conditioning systems. Thestandard contains specifications forlabeling the equipment once it iscertified, safety requirements, operatinginstructions and a functionaldescription of the equipment, includinghose and fitting specification, overfillprotection requirements and storagetank requirements. The standardprovides a procedure to test theequipment to verify that it meets thespecifications of the standard.

Today’s rule adds a standard of purityfor recycled HFC–134a that establishesthe minimum level of purity requiredfor recycled HFC–134a removed from,and intended for reuse in, mobile air-conditioning systems. The standard, setforth in appendix C to this rule, setspurity specifications for levels ofmoisture, lubricants andnoncondensable gases. Today’s rule alsoestablishes a standard recommendedservice procedure for containment ofHFC–134a, set forth in appendix C, thatprovides guidelines for the techniciansthat service MVACs and MVAC-likeappliances and operate refrigerantrecycling equipment designed for HFC–134a. The standard provides specificprocedures to recover the refrigerant byreducing system pressure to at least 102mm of mercury vacuum. The standardcontains requirements for storedrefrigerant containers and disposal ofempty containers.

The standards set forth in appendix C,which apply to HFC–134a, are nearlyidentical to SAE J2099, J2211 and J2210,standards previously adopted by the


Agency for similar equipment designedto service CFC–12. The differencesbetween the SAE J standards and thoseset forth in appendix C are incidental,such as grammatical corrections andspelling, and do not affect therequirements of the standards.

2. Standards for HFC–134a Recover-Only Equipment

Today’s rule adds standards forequipment that recovers but does notrecycle HFC–134a refrigerant.Refrigerant recovered by this type ofequipment must be properly recycledon-site or reclaimed off-site before it canbe reused in an MVAC or MVAC-likeappliance. The rule requires thatequipment meets the standards set forthin appendix D. The standard requiresthat the container for used refrigerant bemarked in black print ‘‘DirtyRefrigerant—Do Not Use WithoutRecycling.’’ The standard states that therecovery equipment be able to separatethe refrigerant from the recoveredrefrigerant and indicate the amount oflubricant removed so that the techniciancan return the proper amount oflubricant to the system. Today’s rulealso establishes a standardrecommended service procedure forcontainment of HFC–134a, set forth inappendix C, and referenced in appendixD, that provides guidelines for thetechnicians that service MVACs andoperate refrigerant recycling equipmentdesigned for HFC–134a. The standardprovides specific procedures to recoverthe refrigerant by reducing systempressure to at least 102 mm of mercuryvacuum. The standard containsrequirements for stored refrigerantcontainers and disposal of emptycontainers.

The standards set forth in appendix D,which apply to HFC–134a, are nearlyidentical to SAE J1989 and J1732,standards previously adopted by theAgency for similar equipment designedto service CFC–12. The differencesbetween the SAE J standards and thoseset forth in appendix D are incidental,such as grammatical and spellingcorrections, and do not affect therequirements of the standard.

3. The Standard for AutomotiveRefrigerant Recycling EquipmentIntended for Use With Both CFC–12 andHFC–134a

Today’s rule adopts a standard thatestablishes specific minimumequipment requirements for automotiverefrigerant recycling equipmentintended for use with both CFC–12 andHFC–134a using a common refrigerantrecycling circuit. The rule requires thatequipment meet the standards set forth

in appendix E. These standards requirelabeling of the equipment aftercertification, and include requirementsto prevent cross contamination beforeoperations involving a differentrefrigerant can begin, such as a seatleakage test, the installation of electricalinterlocks, and visual indications toprevent cross contamination. Thestandards contain requirements topurify the refrigerant, safetyrequirements and functional descriptionof the equipment, requirements forlabeling of the storage tanks to identifyCFC–12 and HFC–134a, and hose andconnection requirements. Appendix Ealso provides guidelines for testing theequipment to verify that particularmodels meet the requirements of thestandards. Appendix E cross-referencesSAE J1989, which is set forth inappendix A, and SAE J2211, which isset forth in appendix C.

The standards set forth in appendix Eare nearly identical to SAE J1770. Thedifferences between the SAE J standardsand those set forth in appendix E areincidental, such as grammatical andspelling corrections, and do not affectthe requirements of the standards.

4. Standard for Recover-only EquipmentThat Extracts a Single, SpecificRefrigerant Other Than CFC–12 or HFC–134a

Today’s rule adds a standard forequipment that recovers but does notrecycle any single, specific refrigerantother than CFC–12 and HFC–134a,including but not limited to specificmarketed blend refrigerants. Refrigerantthat is recovered by this type ofequipment must be properly reclaimedbefore it can be reused in an MVAC orMVAC-like appliance. The rule requiresthat this equipment meet the standardsset forth in appendix F. Appendix F isbased on, but not identical to, therecover-only standard for HFC–134a setforth in appendix D. The standard statesthat the recovery equipment be able toseparate the lubricant from therecovered refrigerant and indicate theamount of lubricant removed so that thetechnician can return the proper amountof lubricant to the system. The primarysubstantive differences betweenappendix D and appendix F are locatedin section 6.2.1, the description of the‘‘dirty cocktail’’ of standardcontaminated refrigerant which is runthrough the equipment in order to testits efficacy. First, in order to ensure thatthe ‘‘dirty cocktail’’ of contaminatedrefrigerant provides an accurate test ofthe equipment’s ability to recover usedrefrigerant, the standard set forth inappendix F specifies in 6.2.1 that‘‘refrigerant shall be identified prior to

the recovery process to within ±2% ofthe original manufacturer’s formulationwhich was submitted to, and acceptedby, EPA under its Significant NewAlternatives Policy program.’’ Thatrequirement is not contained inappendix D. Second, the ‘‘dirtycocktail’’ for testing HFC–134aequipment contains only PAG oil, whilethe ‘‘dirty cocktail’’ for testing otherreplacement refrigerants contains equalparts of PAG, POE and mineral oils.This specification should approximatemore realistically the type ofcontaminants in used refrigerant thatsuch equipment is likely to handle.

C. Substantially Identical EquipmentSection 609 of the Act provides that

equipment purchased before theproposal of standards shall beconsidered certified if it is substantiallyidentical to equipment certified by theEPA or by an independent standardstesting organization approved by EPA.Section 82.36(b) of the regulations statesthat recover/recycle equipmentdesigned for use with CFC–12 andpurchased before the proposal of thestandards for refrigerant recyclingequipment in appendix A (i.e., beforeSeptember 4, 1991), and recover-onlyequipment designed for use with CFC–12 and purchased before the proposal ofthe standards for such equipment inappendix B (i.e., before April 22, 1992),shall be considered certified if it is‘‘substantially identical’’ to equipmentapproved under § 82.36(a).

Today’s rule applies the Act’s‘‘substantially identical’’ provision torecover/recycle and recover-onlyequipment that services HFC–134aMVACs, recover/recycle equipmentintended for use with both CFC–12 andHFC–134a MVACs, and equipment thatrecovers but does not recycle single,specific replacement refrigerants otherthan HFC–134a. These types ofequipment will be considered approvedif they are substantially identical toequipment approved under § 82.36(a)and if they were purchased prior toMarch 6, 1996, the date on whichtoday’s rule was proposed. Amanufacturer or owner may request adetermination from EPA on whether aparticular unit or model is substantiallyidentical. Equipment used with MVAC-like appliances is not covered under the‘‘substantially identical’’ provision in§ 82.36(b); rather, §§ 82.156(a)(5) and82.158 (f) and (g) of the subpart Fregulations establish grandfatheringcriteria for equipment used with MVAC-like appliances.

EPA considers equipment to besubstantially identical if it performsequivalently to the equipment that is


certified to meet all the approvedequipment standards but was purchasedprior to the date of publication of theappropriate EPA proposed standard. Ingeneral, EPA proposes to follow thesame strict approach in implementingthe substantially identical provision forthe equipment subject to the standardspromulgated today as for recover/recycle and recover-only equipment thatservices CFC–12 MVACs and MVAC-like appliances. In situations where themodels sold were not the same as theapproved model, EPA will consult withapproved independent standards testingorganizations to evaluate the previouslysold equipment. EPA will use theseorganizations’ test data and anyadditional information submitted by themanufacturer, such as process diagramsand lists of components, in theevaluation. EPA will maintain a list ofequipment determined to besubstantially identical. An essentialcriterion for evaluation is thatequipment removes refrigerant asefficiently as the applicable EPAstandard and separates lubricant fromrefrigerant. The Agency is alsointerested in ensuring safety inoperation of the equipment. Shouldmanufacturers consider the possibilityof retrofit kits to bring the pre-certification models up to theperformance standard of certifiedmodels, EPA would require that theretrofit kits be certified by an approvedindependent standards testingorganization and that equipment ownersindicate in their certification to theAgency that they have retrofittedequipment.

The Agency is aware that some HFC–134a recover-only equipment has beensold prior to SAE’s issuance inDecember, 1994 of the J1732 standardfor HFC–134a recover-only equipmentand that some dual refrigerant recyclingequipment has been sold prior to SAE’sissuance in December, 1995 of the J1770standard for equipment that recoversboth CFC–12 and HFC–134a. Becauseno SAE standard was in place at thetime of sale, the equipment could not becertified by UL or ETL for EPAapproval. In such an event, i.e., whereunits are sold prior to the publication ofthe appropriate SAE standard, so thatthere is no sticker or plate on the unitshowing that the model has been testedby UL or ETL to meet the appropriateSAE standard, and later, afterpublication of the SAE standard, unitsof the same model are certified by ULor ETL, the Agency considers the unitssold prior to the publication of thestandard to be substantially identical.The Agency reserves the right, however,

to terminate such consideration ofearlier units in the event the Agencyreceives evidence that some earlier unitsof that model (e.g., prior to serialnumber xxxxx) were not able to achieveone or more of the provisions of theappropriate SAE standard. In thatinstance, the manufacturer will have todemonstrate to EPA that the units inquestion are substantially identicalbefore EPA would make a determinationto that effect. The Agency recognizesthat manufacturers of units sold prior tothe publication of the appropriate SAEstandard may consider developingretrofit kits to bring pre-certificationunits up to the performance standard ofcertified units.

It should be noted that some dualrefrigerant recycling equipment soldprior to SAE’s issuance in December,1995 of the J1770 standard forequipment that recovers both CFC–12and HFC–134a, may be labeled with aUL or ETL sticker that indicates that theunit meets SAE J1990 and J2210. TheAgency believes that these units do notnecessarily meet the J1770 standard,and therefore the EPA standard set forthin appendix E. In the event that laterversions of the same model ofequipment become certified by UL orETL to meet the J1770 standard, thenthe Agency will consider the units soldprior to the publication of the standardto be substantially identical, althoughEPA reserves the right to terminate suchconsideration, as noted above.

Several commenters stated that asimpler and more sensible approach toidentifying substantially identicalequipment would turn on whether theequipment was manufactured after aspecific date, rather than purchasedafter the date upon which the applicableregulations were proposed. The statuteitself, however, is explicit in itscategorization of which equipment mayqualify as substantially identical.Although it may be that pinpointing amanufacture date for a specific unit isgenerally easier than pinpointing apurchase date, the statute requires insection 609(b)(2)(B) that only equipment‘‘purchased before the proposal ofregulations’’ can be certified as beingsubstantially identical. One commentersuggested that the resale of equipmentby service facilities no longer inbusiness to other facilities may causeconfusion about how a purchase date isdefined. Consequently, every referenceset forth in the proposed text of 40 CFR82.36(b)(1) to ‘‘purchased before [date ofapplicable proposal]’’ has been changedto ‘‘initially purchased before [date ofapplicable proposal].’’

D. Approved Independent StandardsTesting Organizations

Section 82.38 establishes the criteriafor approval of testing laboratories ororganizations to certify whetherequipment governed by the regulationsmeets the standards set forth in theregulations. Under the July 14, 1992final rule and the May 2, 1995supplemental final rule, approvedorganizations determine whether CFC–12 recover/recycle and recover-onlyequipment meets the standards set forthin the appendices A and B to the rule,which are based on SAE standards.Today’s rule expands that provision sothat these approved organizations maydetermine whether the equipmentsubject to today’s rule meets thestandards set forth in the appropriateappendices.

Because the application materialsreceived by the Agency from UL onOctober 21, 1991, and from ETL onNovember 27, 1991 demonstrate thatboth organizations have met the criteriaset forth in 40 CFR 82.38(b) with respectto all equipment subject to today’s rule,and because the Agency has receivedfrom both UL and ETL written requestsstating that all the application criteriaare still being met, and requesting thatthey be approved to certify theequipment subject to today’s rule, theAgency today approves UL and ETL tocertify this equipment. The Agency alsohereby approves any equipmentcertifications performed by either ofthese organizations which demonstratethat particular equipment models meetSAE standards upon which any of theappendices listed in this rule is based.

No commenters to the proposal madeany statements concerning the approvalby EPA of independent standardstesting organizations.

E. Technician Training and Certification

Section 82.40 establishes thestandards for the approval of programsto train and certify technicians. Thestandards cover training, the subjectmaterial that must be covered by eachprogram, and minimum testadministration procedures. Summariesof reviews of programs must besubmitted every two years and programsmust offer technicians proof ofcertification upon successfulcompletion of the test.

The Agency wishes to note that thetechnician training and certificationrequirements set forth in today’s ruleamending § 82.40 apply to technicianswho work on MVAC-like appliances aswell as to those who work on MVACs.Section 82.161(a)(5) requires thattechnicians who service or repair


MVAC-like appliances either must beproperly certified as Type II techniciansin accordance with the subpart Bregulations or must complete thetraining and certification test offered bya training and certification programapproved under § 82.40. Anytechnicians who wish to service MVAC-like appliances and who in the futurebecome certified under § 82.40 ratherthan as Type II technicians musttherefore receive training in theequipment standards attached asappendices to today’s rule.

At this time, 27 organizations havebeen approved by EPA to train andcertify technicians in the use of CFC–12recover-only and recover/recycleequipment. Ten of these organizationstrain and certify their employees, whilethe remaining train members of thegeneral public. While EPA’s approval ofthese organizations has been limited toCFC–12 equipment, the Agency believesthat for purposes of training andcertification conducted prior to January29, 1998, these organizations shouldalso be considered as approved forpurposes of HFC–134a equipment,equipment that recycles both CFC–12and HFC–134a using common circuitry,and equipment that extracts, but doesnot recycle, replacement refrigerantsother than HFC–134a. As discussedbelow, the equipment governed by thestandards in today’s rule and CFC–12equipment are very similar, theprocedures for extracting refrigerant arevery similar for all types of equipment,and the procedures for recyclingrefrigerant are very similar for all typesof recycling equipment. Retraining andrecertifying of technicians alreadycertified to use CFC–12 equipmentwould therefore produce only a limitedenvironmental benefit. In addition, suchretraining and recertification wouldimpose a large burden on thetechnicians and the organizations thatcertify them. For these reasons, EPA istoday approving the 27 organizationsnoted above for training andcertification of technicians in the use ofequipment that is governed by thestandards in today’s rule, conductedprior to January 29, 1998.

EPA will also approve organizationsfor future training and certification oftechnicians for the use of HFC–134aequipment, equipment that recyclesboth CFC–12 and HFC–134a usingcommon circuitry, and equipment thatextracts, but does not recycle,replacement refrigerants other thanHFC–134a, on the condition that eachorganization certify in writing to theAgency that its training materialsdiscuss the standards set forth inAppendices C, D, E and F, and that its

testing materials include questionsconcerning those standard. Eachorganization that submits such acertification shall be approved upon thedate which is the later of (i) the effectivedate of this rule (i.e., January 29, 1998),or (ii) the receipt by the Agency of sucha certification. Organizations that do notsubmit such a certification will not beapproved to train and certify futuretechnicians for the use of the equipmentgoverned by the standards in today’srule. The Agency reserves the right,pursuant to § 82.40(c), to request thatwhen an organization submits itscertification to EPA, it also provides theAgency with a summary of its review ofits test subject material and any changesmade.

As noted above, the prior training andtesting of previously approvedtechnicians for equipment governed bythe standards in today’s rule, adequatelyand sufficiently covers the standards setforth in appendices C, D, E and Fbecause of the large overlap between thetext of the standards contained inappendices A and B, and the text of thestandards contained in appendices C, D,E and F. In appendices A and B, and inappendices C, D, E and F, the followingprovisions are identical or nearlyidentical: safety requirements;requirements that the manufacturermust provide operating instructions;requirements that the equipment mustensure the refrigerant recovery byreducing system pressure belowatmospheric to a minimum of 102 mmof mercury; the preconditioning of theequipment with a contaminated sample;the composition of that contaminatedsample; the requirements that theequipment must be certified by UL or anequivalent certifying laboratory; therequirements that the label on theequipment must state that it has beendesign certified to meet applicable SAEstandards; and the additional storagetank requirements.

Where the SAE J1990-based standardsin appendix A differ from the SAEJ1732-based standards in appendices Dand F, they differ largely becauseappendix A contains many provisionsthat relate to the recycle portion of theequipment operation and which arethus not applicable to appendices D andF. For example, appendix A describesrequirements for the recycling test cycleand for the quantitative determinationof moisture, lubricant, andnoncondensable gas in that cycle.

Where the HFC–134a standards inappendices C and D differ from the SAEJ1990- and J2209-based standards inappendices A and B, they differ largelybecause of the different chemicalproperties of the HFC–134a molecule.

For example, the levels of contaminantsin the CFC–12 ‘‘dirty cocktail’’ in J1990are different than those in the HFC–134a‘‘dirty cocktail’’ described in J2210, andthe maximum acceptable levels ofcontamination by air, oil and moistureare different for CFC–12, as described inJ1989, than for HFC–134a, as describedin J2211.

Appendix E is similar to the otherstandards for recycling CFC–12refrigerant set forth in appendix A andfor recycling HFC–134a refrigerant setforth in appendix B, but also containsrequirements designed to demonstratethat the equipment is capable ofpreventing cross-contamination ofrefrigerants, including a seat leakage testand the installation of electricalinterlock devices and filters. Inaddition, the standard requires theperformance of a testing sequencewhich puts the equipment through aCFC–12 recycling sequence, followed byan HFC–134a recycling sequence. The‘‘dirty cocktails’’ used in such testing,however, are identical to the ‘‘dirtycocktails’’ used in appendices A and Cfor testing the efficacy of cleaning singlerefrigerants.

A review of SAE J1732 indicates thatit contains two provisions that relate tothe recovery of refrigerant for whichthere are no equivalent provisions inSAE J1990. First, section 6.3.2 of SAEJ1732 requires that the equipmentdischarge or transfer fitting shall be 1⁄2′′ACME thread. SAE did not consider thisrequirement until after the publicationof the final version of J1990. Thisrequirement to include a unique fittingguards against the mixing of differentrefrigerants. Second, section 6.1 of SAEJ1732 requires that the unit must havea device that assures that refrigerant hasbeen recovered so that outgassing isprevented. Although there is noequivalent to this provision in SAEJ1990, J1989 requires safeguards toprevent outgassing.

No commenters to the proposed rulesuggested any revisions to thetechnician training and certificationprovisions outlined in the proposal.

F. Sales RestrictionSection 609 made it unlawful,

effective November 15, 1992, for anyperson to sell or distribute, or offer forsale or distribution, except to section609 certified technicians, any class I orclass II substance suitable for use asrefrigerant in a motor vehicle air-conditioning system and that is in acontainer with less than 20 pounds ofrefrigerant. Consequently, sales of smallcans of CFC–12, as well as small cansof any HCFC blend which EPA’sSignificant New Alternatives Policy


(SNAP) program may determine to beacceptable as a substitute for CFC–12 inMVACs and MVAC-like appliances, arelimited to section 609 certifiedtechnicians. In addition, section 608regulations that became effectiveNovember 14, 1994 (58 FR 28714)restrict the sales of all containers(regardless of size) of any class I or IIrefrigerant to technicians certified undereither section 608 or section 609 of theAct.

EPA is preparing to propose in aseparate rule several changes to theregulations promulgated under section608 of the Act. The proposed changes tothe section 608 regulations, pursuant tothe mandate of section 608(c)(2), wouldestablish standards and requirements forthe servicing of appliances andindustrial process refrigeration systemsthat use refrigerants that substitute forthe currently-regulated class I or class IIsubstances. In addition, in thatproposal, the Agency may include aprovision proposing to restrict the saleof all containers (regardless of size) ofnon-ozone-depleting substituterefrigerants, including HFC–134a, totechnicians certified under eithersection 608 or section 609 of the Act.Should the Agency determine topropose such a sales restriction, theproposed changes to the regulatory textand explanatory discussion in thepreamble would be entirely containedin the section 608 proposed rule, eventhough the changes would also affectindustries governed under section 609—automotive refrigerant distributors,automobile manufacturers, and theautomotive service industry. All partiesinterested in whether EPA decides toinstitute a sales restriction are thereforeurged to review the language containedin any future section 608 proposal.

V. Summary of Supporting Analyses

A. Executive Order 12866

Under Executive Order 12866 (58 FR51735, October 4, 1993), the Agencymust determine whether this regulatoryaction is ‘‘significant’’ and thereforesubject to OMB review and therequirements of the Executive Order.The Order defines ‘‘significant’’regulatory action as one that is likely tolead to a rule that may:

(1) Have an annual effect on theeconomy of $100 million or more, oradversely and materially affect a sectorof the economy, productivity,competition, jobs, the environment,public health or safety, or State, local,or tribal governments or communities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlement, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

It has been determined that this ruleis a ‘‘significant regulatory action’’within the meaning of the ExecutiveOrder. EPA has submitted this action toOMB for review. Changes made inresponse to OMB suggestions orrecommendations will be documentedin the public record. The Agencyprepared an analysis to assess theimpact of this regulation (see RegulatoryAssessment for EPA’s Proposed Rule onStandards and Requirements forServicing of Motor Vehicle AirConditioners that use Refrigerants otherthan Class I or Class II Substances, U.S.EPA Stratospheric Protection Division,November, 1995) which covers bothrecover/recycle equipment and recover-only equipment, and is available forreview in the public docket for thisrulemaking. The analysis indicates thattotal annualized costs to affectedindustrial sectors will range from $4.9million to $14.3 million, depending onwhat type of recovery/recyclingequipment automotive service facilitieschoose to purchase.

B. Regulatory Flexibility/Fairness toSmall Entities

1. Regulatory Flexibility Act

a. Purpose: EPA has determined thatit is not necessary to prepare aregulatory flexibility analysis inconnection with this final rule. Inaddition, the Agency has performed aninitial screening analysis anddetermined that this regulation does nothave a significant economic impact ona substantial number of smallbusinesses. The screening analysis isfound in Appendix A in the RegulatoryAssessment for EPA’s Proposed Rule onStandards and Requirements forServicing of Motor Vehicle AirConditioners that use Refrigerants otherthan Class I or Class II Substances (U.S.EPA Stratospheric Protection Division,October, 1995) (Regulatory Assessment)and is available for review in the docket.A summary of the methodology andresults of the analysis are presentedbelow.

b. Screening Analysis Methodologyand Results: EPA first characterized theregulated community by identifying theSIC codes that would be involved in theservicing and repair of motor vehicle airconditioners. EPA considered how theregulated community would be affected

by the main provisions of the rule: theequipment standards, the techniciancertification regulations, and theregulations governing service facilitypractices. After looking at typical coststo each service facility, the analysisreviewed total costs to the regulatedcommunity as a whole.

The equipment standards andtechnician certification provisionscontained in the rule impose costs onthe regulated community. With respectto equipment standards, EPA assumedthat each service establishment wouldpurchase a single piece of equipment inorder to comply with the regulation.The analysis took into account the lifeof the equipment (in terms of number ofjobs performed), the incremental labortime to recover, or to recover andrecycle, refrigerant, the current laborrate, and general operation andmaintenance costs. EPA’s analysis alsoconsidered the cost savings realized byservice establishments for the recoveryand reuse of substitute refrigerants andthrough the salvage value of equipment.The analysis then outlined two differentprivate cost scenarios. The lessexpensive cost (lower-bound) scenarioassumed that a facility would choose topurchase single refrigerant recover/recycle equipment, while the moreexpensive (upper-bound) optionassumed that a facility would choose topurchase dual refrigerant recover/recycle equipment. In estimating thecosts of complying with the techniciancertification requirements, the screeninganalysis took into account the numberof service technicians employed bysmall and large facilities, employmentturnover rates for those employees, andthe cost to certify a single technician.

The screening analysis also estimatedsome of the benefits of the rule,distinguishing between those that arereadily quantifiable and those that arenot. Specifically, the analysis describedthe marginal social benefits associatedwith each kilogram of greenhouse gasemission reduction resulting from theimposition of the rule and thenestimated the total social benefitsassociated with all emissions reductionsresulting from the imposition of therule. The benefits discussion alsoestimated the potential cost savings tomembers of the regulated community,including motor vehicle disposalfacilities, that might take advantage ofmobile recovery service, which today’srule explicitly permits. Finally, theanalysis briefly discussed non-quantifiable benefits of the rule such asincreased efficiencies and equity in themarketplace resulting from theimposition of the rule.


In order to determine whether the rulewill have a significant economic impacton a substantial number of smallentities, the Agency determined fromfinancial data what portion of theregulated community falls within thedefinition of ‘‘small entity,’’ andperformed tests using sales, profits andcash flow measures in order todetermine the nature of adverseimpacts, if any. The number of smallentities servicing MVACs wasestimated, using Small BusinessAdministration guidelines, at 160,366.Using the sales test, EPA’s preferredcriterion for gauging the economicimpact of a regulation on smallbusinesses, the Agency determined thatafter the imposition of the 1992 section609 regulations (the baseline), 3.6% ofthese facilities were significantlyaffected. With respect to the regulationsbeing promulgated today, the screeninganalysis determined that an additional1.8% of these facilities will besignificantly impacted by today’s rule,based on the estimated annualized costof $100 for each small facility tocomply. For more details concerning theresults of the analysis, copies of theRegulatory Assessment are available forreview in the docket.

2. Note on Recordkeeping and ReportingThis rule will not impose any new

recordkeeping or reporting requirementson any small entity or other member ofthe regulated community.

3. Steps EPA Has Taken to MinimizeEconomic Impacts on Small Entities

The portions of today’s regulation thatimpose costs on the regulatedcommunity implement specificrequirements of section 609 of the Act,without the exercise of discretion byEPA. Section 609 explicitly requires theAdministrator to promulgate regulationsestablishing standards for motor vehiclerefrigerant recycling equipment.Regulations already in place haveestablished standards for equipmentthat recovers and recycles CFC–12; theequipment standards set forth in today’srule fulfill the statutory obligation of theAdministrator to establish standards forequipment that recovers and recyclesHFC–134a and other substituterefrigerants. Section 609 also requiresthat automotive service technicians whoservice MVAC systems be trained andcertified in the proper use of EPA-approved refrigerant recyclingequipment. The technician certificationrequirements contained in today’s rulefulfill the statutory mandate to establishsuch requirements for becomingcertified to handle substituterefrigerants.

In order to minimize the economicimpact on small entities created by theAgency’s fulfilling its statutorymandate, EPA determined that theequipment standards promulgated todayshould resemble as closely as possiblevoluntary industry standards set by theSociety of Automotive Engineers (SAE).Virtually all equipment marketed todaythat recovers, or recovers and recycles,substitute refrigerants already meetsthese voluntary industry standards.Installers have been purchasing theequipment at least since November 15,1995, when a self-effectuating provisionin section 608 of the Act prohibitedventing substitute refrigerants into theatmosphere. Meeting the voluntarystandards is a common indication of thequality of the equipment. Whenpurchasing equipment, installers looknot only to see that it meets theappropriate SAE standard, but also todetermine that the equipment has beentested against that standard by anindependent testing laboratory such asUL. In developing federally mandatedequipment standards for refrigerantrecycling equipment, section 609required EPA to ensure that Agencystandards were at least as stringent asthe voluntary SAE standards. EPA hasdone so, but has also decided againstissuing standards that were morestringent than the voluntary industrystandards, not only in part because theAgency believes that the voluntarystandards are protective of humanhealth and the environment, but alsobecause small businesses and otherstakeholders are already familiar withthe equipment that meets the voluntarystandards and thus will also be familiarwith the equipment that meets the EPAstandards.

EPA has also engaged in extensiveoutreach to the affected community, andin particular to small entities withinthat community, in order to minimizeany economic impacts this rule mayhave on them. To respond to questions,the Agency has long maintained a toll-free hotline (800/296–1996) and anaward-winning web site that containscopies of any EPA fact sheets andregulations that relate to section 609. Inaddition, Agency staff have spoken,and/or sponsored trade booths, atconventions and conferences sponsoredby industry trade associations such asthe Mobile Air Conditioning Society,the International Mobile AirConditioning Association, ASIA/APAA,and the National Tire Dealers andRetreaders Association. The Agency hasalso worked extensively on articles inautomotive service journals such asMotor and Motor Age, and with other

partners such as the National Institutefor Automotive Service Excellence(ASE), which has tested over 150,000technicians nationwide in motor vehicleheating and air-conditioning servicing.Using all of these methods, EPA hasattempted to alert small entities to whenand how the section 609 regulationswould expand to apply to refrigerantsthat substitute for CFC–12 in MVACs,and to technicians who service vehiclesthat use substitute refrigerants. Inconjunction with the publication oftoday’s rule, EPA is issuing a short,plain-English fact sheet for automotiveservice facilities that summarizes therule and responds to these questions.

EPA has also engaged in outreachactivities to inform motor vehicledisposal facilities about the provisionsof this rule that affect them. Therecovery of refrigerant is a criticalelement in the motor vehicle disposalprocess, and yet calls to the hotline andto EPA staff had long indicated thatautomotive recyclers did not understandhow to comply with Title VIregulations. EPA responded bypromulgating today’s rule. Inconjunction with the publication of therule, EPA is issuing a short, plain-English fact sheet specifically to assistthe automotive recycling industry in itsefforts to comply with the requirementsof Title VI. It explains not only whatrequirements governing refrigerantrecovery and re-use apply, but alsowhere in the regulations eachrequirement is located.

C. Paperwork Reduction ActThis action does not add any new

requirements or increases burden underthe provisions of the PaperworkReduction Act, 44 U.S.C. 3501 et seq.The Office of Management and Budget(OMB) has previously approved theinformation collection requirementscontained in the final rule, promulgatedon July 14, 1992, which establishedstandards and requirements regardingthe servicing of MVACs and hasassigned OMB control number 2060–0247 (EPA ICR No. 1617.02).

Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,acquire, install, and utilize technologyand systems for the purposes ofcollecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions andrequirements; train personnel to be able


to respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.

An Agency may not conduct orsponsor, and a person is not required torespond to, a collection of informationunless it displays a currently valid OMBcontrol number. The OMB controlnumbers for EPA’s regulations are listedin 40 CFR part 9 and 48 CFR Chapter15.

D. Unfunded Mandates Reform ActTitle II of the Unfunded Mandates

Reform Act of 1995 (UMRA), PublicLaw 104–4, establishes requirements forFederal agencies to assess the effects oftheir regulatory actions on State, localand tribal governments and the privatesector. Under section 202 of the UMRA,EPA generally must prepare a writtenstatement, including a cost-benefitanalysis, for proposed and final ruleswith ‘‘Federal mandates’’ that mayresult in expenditures to State, local andtribal governments, in the aggregate, orto the private sector, of $100 million ormore in any one year. Beforepromulgating an EPA rule for which awritten statement is needed, section 205of the UMRA generally requires EPA toidentify and consider a reasonablenumber of regulatory alternatives andadopt the least costly, most cost-effective or least burdensome alternativethat achieves the objectives of the rule.

EPA has determined that this ruledoes not contain a Federal mandate thatmay result in expenditures of $100million or more for State, local andtribal governments, in the aggregate, orthe private sector, in any one year. Themajority of the regulations promulgatedtoday implement requirementsspecifically set forth by Congress insection 609 of the Clean Air Act withoutthe exercise of any discretion by EPA.The remainder merely serve to clarifyexisting regulatory text and thereforeimpose no new additional enforceableduties on governmental entities or theprivate sector. Thus, today’s rule is notsubject to the requirements of sections202 and 205 of the UMRA. EPA has alsodetermined that this rule contains noregulatory requirements that mightsignificantly or uniquely affect smallgovernments.

E. Submission to Congress and theGeneral Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as addedby the Small Business RegulatoryEnforcement Fairness Act of 1996, EPAsubmitted a report containing this ruleand other required information to theU.S. Senate, the U.S. House of

Representatives, and the ComptrollerGeneral of the General AccountingOffice prior to publication of the rule intoday’s Federal Register. This rule isnot a ‘‘major rule’’ as defined by 5U.S.C. 804(2).

List of Subjects in 40 CFR Part 82Environmental protection, Motor

vehicle air-conditioning, Reporting andrecordkeeping requirements, Recover-only equipment, Recover/recycleequipment, Reporting and certificationrequirements, Stratospheric ozone layer.

Dated: December 17, 1997.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, 40 CFR Part 82 is amended asfollows:

PART 82—PROTECTION OFSTRATOSPHERIC OZONE

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

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

2. Section 82.30 is amended byrevising paragraph (a) to read as follows:

§ 82.30 Purpose and scope.(a) The purpose of the regulations in

this subpart B is to implement section609 of the Clean Air Act, as amended(Act) regarding the servicing of motorvehicle air conditioners (MVACs), andto implement section 608 of the Actregarding certain servicing,maintenance, repair and disposal of airconditioners in MVACs and MVAC-likeappliances (as that term is defined in 40CFR 82.152).* * * * *

3. Section 82.32 is amended byadding a heading to paragraph (e), byrevising paragraph (e)(1), by addingparagraphs (e)(3), (e)(4), and (e)(5), byrevising paragraph (h), and by addingparagraph (i), to read as follows:

§ 82.32 Definitions.

* * * * *(e) Properly using. (1) Properly using

means using equipment in conformitywith the regulations set forth in thissubpart, including but not limited to theprohibitions and required practices setforth in § 82.34, and the recommendedservice procedures and practices for thecontainment of refrigerant set forth inappendices A, B, C, D, E, and F of thissubpart, as applicable. In addition, thisterm includes operating the equipmentin accordance with the manufacturer’sguide to operation and maintenance andusing the equipment only for thecontrolled substance for which the

machine is designed. For equipmentthat extracts and recycles refrigerant,properly using also means to recyclerefrigerant before it is returned to amotor vehicle air conditioner or MVAC-like appliance, including to the motorvehicle air conditioner or MVAC-likeappliance from which the refrigerantwas extracted. For equipment that onlyrecovers refrigerant, properly usingincludes the requirement to recycle therefrigerant on-site or send the refrigerantoff-site for reclamation.* * * * *

(3) Notwithstanding any other termsof this paragraph (e), approvedrefrigerant recycling equipment may betransported off-site and used to performservice involving refrigerant at otherlocations where such servicing occurs.Any such servicing involving refrigerantmust meet all of the requirements of thissubpart B that would apply if theservicing occurred on-site.

(4) Facilities that charge MVACs orMVAC-like appliances with refrigerantbut do not perform any other serviceinvolving refrigerant (i.e., perform ‘‘top-offs’’ only) are considered to be engagedin ‘‘service involving refrigerant’’ andare therefore subject to any and allrequirements of this subsection thatapply to facilities that perform a widerrange of refrigerant servicing. Forfacilities that charge MVACs, thisincludes the requirement to purchaseapproved refrigerant recyclingequipment. For facilities that onlycharge MVAC-like appliances, this doesnot include the requirement to purchaseapproved refrigerant recyclingequipment, but does include therequirement to be properly trained andcertified by a technician certificationprogram approved by the Administratorpursuant to either § 82.40 or§ 82.161(a)(5).

(5)All persons opening (as that term isdefined in § 82.152) MVAC-likeappliances must have at least one pieceof approved recovery or recyclingequipment available at their place ofbusiness.* * * * *

(h) Service involving refrigerantmeans any service during whichdischarge or release of refrigerant fromthe MVAC or MVAC-like appliance tothe atmosphere can reasonably beexpected to occur. Service involvingrefrigerant includes any service inwhich an MVAC or MVAC-likeappliance is charged with refrigerant butno other service involving refrigerant isperformed (i.e., a ‘‘top-off’’).

(i) Motor vehicle disposal facilitymeans any commercial facility thatengages in the disposal (which includes


dismantling, crushing or recycling) ofMVACs or MVAC-like appliances,including but not limited to automotiverecycling facilities, scrap yards, landfillsand salvage yards engaged in suchoperations. Motor vehicle repair and/orservicing facilities, including collisionrepair facilities, are not consideredmotor vehicle disposal facilities.

4. Section 82.34 is amended byrevising the section heading and byrevising paragraph (a), revising thereference ‘‘§ 82.42(b)(4)’’ to read‘‘§ 82.42(b)(3)’’ in paragraph (b), and byadding paragraph (d) to read as follows:

§ 82.34 Prohibitions and requiredpractices.

(a) No person repairing or servicingMVACs for consideration, and noperson repairing or servicing MVAC-likeappliances, may perform any serviceinvolving the refrigerant for such MVACor MVAC-like appliance:

(1) Without properly using equipmentapproved pursuant to § 82.36;

(2) Unless any such person repairingor servicing an MVAC has been properlytrained and certified by a techniciancertification program approved by theAdministrator pursuant to § 82.40; and

(3) Unless any such person repairingor servicing an MVAC-like appliancehas been properly trained and certifiedby a technician certification programapproved by the Administrator pursuantto either § 82.40 or § 82.161(a)(5).* * * * *

(d) Motor vehicle disposal facilities.(1) Any refrigerant that is extracted froman MVAC or an MVAC-like appliance(as that term is defined in § 82.152)bound for disposal and located at amotor vehicle disposal facility may notbe subsequently used to charge orrecharge an MVAC or MVAC-likeappliance, unless, prior to such chargingor recharging, the refrigerant is either:

(i) Recovered, and reclaimed inaccordance with the regulationspromulgated under § 82.32(e)(2) of thissubpart B; or

(ii) (A) Recovered using approvedrefrigerant recycling equipmentdedicated for use with MVACs andMVAC-like appliances, either by atechnician 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 thefacility that charges or recharges therefrigerant into an MVAC or MVAC-likeappliance, properly using approvedrefrigerant recycling equipment inaccordance with any applicablerecommended service procedures setforth in the appendices to this subpartB.

(2) Any refrigerant the sale of whichis restricted under subpart F that isextracted from an MVAC or an MVAC-like appliance bound for disposal andlocated at a motor vehicle disposalfacility but not subsequently reclaimedin accordance with the regulationspromulgated under subpart F, may besold prior to its subsequent re-use onlyto a technician certified underparagraph (a)(2) of this section. Anytechnician certified under paragraph(a)(2) of this section who obtains sucha refrigerant may subsequently re-usesuch refrigerant only in an MVAC orMVAC-like appliance, and only if it hasbeen reclaimed or properly recycled.

5. Section 82.36 is amended byrevising paragraphs (a)(2) and (b) andadding paragraphs (a)(3) through (a)(7)to read as follows:

§ 82.36 Approved refrigerant recyclingequipment.

(a)(1) * * *(2) Equipment that recovers and

recycles CFC–12 refrigerant must meetthe standards set forth in appendix A ofthis subpart (Recommended ServiceProcedure for the Containment of CFC–12, Extraction and Recycle Equipmentfor Mobile Automotive Air-ConditioningSystems, and Standard of Purity for Usein Mobile Air Conditioning Systems).

(3) Equipment that recovers but doesnot recycle CFC–12 refrigerant mustmeet the standards set forth in appendixB of this subpart (Recommended ServiceProcedure for the Containment of CFC–12 and Extraction Equipment for MobileAutomotive Air-Conditioning Systems).

(4) Equipment that recovers andrecycles HFC–134a refrigerant mustmeet the standards set forth in appendixC of this subpart (Recommended ServiceProcedure for the Containment of HFC–134a, Standards for Recover/RecycleEquipment that Extracts and RecyclesHFC–134a, and Standard of Purity forRecycled HFC–134a for Use in MVACs).

(5) Equipment that recovers but doesnot recycle HFC–134a refrigerant mustmeet the standards set forth in appendixD of this subpart (HFC–134a Recover-Only Equipment and RecommendedService Procedure for the Containmentof HFC–134a).

(6) Equipment that recovers andrecycles both CFC–12 and HFC–134ausing common circuitry must meet thestandards set forth in appendix E of thissubpart (Automotive RefrigerantRecycling Equipment Intended for Usewith both CFC–12 and HFC–134a,Recommended Service Procedure forthe Containment of CFC–12, andRecommended Service Procedure forthe Containment of HFC–134a).

(7) Equipment that recovers but doesnot recycle refrigerants other than HFC–134a and CFC–12 must meet thestandards set forth in appendix F of thissubpart (Recover-Only Equipment thatExtracts a Single, Specific RefrigerantOther Than CFC–12 or HFC–134a).

(b)(1) Refrigerant recycling equipmentthat has not been certified underparagraph (a) of this section shall beconsidered approved if it issubstantially identical to the applicableequipment certified under paragraph (a)of this section, and:

(i) For equipment that recovers andrecycles CFC–12 refrigerant, it wasinitially purchased before September 4,1991;

(ii) For equipment that recovers butdoes not recycle CFC–12 refrigerant, itwas initially purchased before April 22,1992;

(iii) For equipment that recovers andrecycles HFC–134a refrigerant, it wasinitially purchased before March 6,1996;

(iv) For equipment that recovers butdoes not recycle HFC–134a refrigerant,it was initially purchased before March6, 1996;

(v) For equipment that recovers butdoes not recycle any single, specificrefrigerant other than CFC–12 or HFC–134a, it was initially purchased beforeMarch 6, 1996; and

(vi) For equipment that recovers andrecycles HFC–134a and CFC–12refrigerant using common circuitry, itwas initially purchased before March 6,1996.

(2) Equipment manufacturers orowners may request a determination bythe Administrator by submitting anapplication and supporting documentsthat indicate that the equipment issubstantially identical to approvedequipment to: MVACs RecyclingProgram Manager, StratosphericProtection Division (6205J), U.S.Environmental Protection Agency, 401M Street, S.W., Washington, D.C. 20460,Attn: Substantially Identical EquipmentReview. Supporting documents mustinclude process flow sheets, lists ofcomponents and any other informationthat would indicate that the equipmentis capable of processing the refrigerantto the standards in appendix A, B, C, D,E or F of this subpart, as applicable.Authorized representatives of theAdministrator may inspect equipmentfor which approval is being sought andrequest samples of refrigerant that hasbeen extracted and/or recycled using theequipment. Equipment that fails to meetappropriate standards will not beconsidered approved.

(3) Refrigerant recycling equipmentthat recovers or recovers and recycles


CFC–12 refrigerant and has not beencertified under paragraph (a) orapproved under paragraphs(b)(1) and(b)(2) of this section shall be consideredapproved for use with an MVAC-likeappliance if it was manufactured orimported before November 15, 1993,and is capable of reducing the systempressure to 102 mm of mercury vacuumunder the conditions set forth inappendix A of this subpart.* * * * *

6. Section 82.38 is amended byrevising paragraphs (a) and (b)(1)(iii) toread as follows:

§ 82.38 Approved independent standardstesting organizations.

(a) Any independent standards testingorganization may apply for approval bythe Administrator to certify equipmentas meeting the standards in appendix A,B, C, D, E, or F of this subpart, asapplicable. The application shall be sentto: MVACs Recycling Program Manager,Stratospheric Protection Division(6205J), U.S. Environmental ProtectionAgency, 401 M Street, S.W.,Washington, D.C. 20460.

(b) * * *

(1) * * *

(iii) Thorough knowledge of thestandards as they appear in theapplicable appendices of this subpart;and* * * * *

7. Section 82.40 is amended byrevising paragraph (a)(2)(i) to read asfollows:

§ 82.40 Technician training andcertification.

(a) * * *

(2) * * *

(i) The standards established for theservice and repair of MVACs andMVAC-like appliances as set forth inappendices A, B, C, D, E, and F of thissubpart. These standards relate to therecommended service procedures forthe containment of refrigerant,extraction equipment, extraction andrecycle equipment, and the standard ofpurity for refrigerant in motor vehicleair conditioners.* * * * *

8. Appendix C is added to Subpart Bto read as follows:

Appendix C to Subpart B of Part 82—Standard for Recover/RecycleEquipment for HFC–134a Refrigerant

I. SAE J2210, issued December, 1991.

HFC–134a Recycling Equipment for MobileAir Conditioning Systems

Foreword

The purpose of this standard is to establishthe specific minimum equipmentspecification required for the recycling ofHFC–134a that has been directly removedfrom, and is intended for reuse in, mobile air-conditioning systems. Establishing suchspecifications will assure that systemoperation with recycled HFC–134a willprovide the same level of performance anddurability as new refrigerant.

1. Scope

The purpose of this standard is to establishspecific minimum equipment requirementsfor recycling HFC–134a that has been directlyremoved from, and is intended for reuse in,mobile air-conditioning (A/C) systems.

2. References

Applicable Documents—The followingpublications form a part of this specificationto the extent specified.2.1.1

SAE Publications—Available from SAE,400 Commonwealth Drive, Warrendale,PA 15096–0001.

SAE J2099—Standard of Purity forRecycled HFC-134a for Use in MobileAir-Conditioning Systems

SAE J2196—Service Hoses for AutomotiveAir-Conditioning

SAE J2197—Service Hose Fittings forAutomotive Air-Conditioning

2.1.2CGA Publications—Available from CGA,

1235 Jefferson Davis Highway, Arlington,VA 22202.

CGA Pamphlet S–1.1-Pressure ReliefDevice Standard

Part 1—Cylinders for Compressed Gases2.1.3

DOT Publications—Available from theSuperintendent of Documents, U.S.Government Printing Office,Washington, D.C. 20402

DOT Standard, 49 CFR 173.304—Shippers-General Requirements for Shipments andPackagings

2.1.4UL Publications—Available from

Underwriters Laboratories, 333 PfingstenRoad, Northbrook, IL 60062–2096.

UL 1769—Cylinder ValvesUL 1963—Refrigerant Recovery/Recycling

Equipment

3. Specification and General Description

3.1 The equipment must be able to removeand process HFC–134a from mobile A/Csystems to the purity level specified inSAE J2099.

3.2 The equipment shall be suitable for usein an automotive service garageenvironment and be capable ofcontinuous operation in ambients from10 to 49°C (50 to 120°F).

3.3 The equipment must be certified that itmeets this specification by UnderwritersLaboratories (UL) or an equivalentcertifying laboratory.

3.4 The equipment shall have a label whichstates ‘‘Design Certified by (CertifyingAgent) to meet SAE J2210’’ in bold-typeletters a minimum of 3 mm in height.

4. Refrigerant Recycling EquipmentRequirements

4.1 Moisture and Acid—The equipmentshall incorporate a desiccant packagethat must be replaced before saturationwith moisture, and whose mineral acidcapacity is at least 5% by weight of thedry desiccant.

4.1.1 The equipment shall be providedwith a moisture detection means thatwill reliably indicate when moisture inthe HFC–134a reaches the allowablelimit and desiccant replacement isrequired.

4.2 Filter—The equipment shallincorporate an in-line filter that will trapparticulates of 15 micron sphericaldiameter or greater.

4.3 Noncondensable Gases4.3.1 The equipment shall either

automatically purge noncondensables(NCGs) if the acceptable level isexceeded or incorporate a device thatindicates to the operator that the NCGlevel has been exceeded. NCG removalmust be part of the normal operation ofthe equipment and instructions must beprovided to enable the task to beaccomplished within 30 minutes.

4.3.2 Refrigerant loss fromnoncondensable gas purging during thetesting described in Section 8 shall notexceed 5% by weight of the totalcontaminated refrigerant removed fromthe test system.

4.4 Recharging and Transfer of RecycledRefrigerant—Recycled refrigerant forrecharging and transfer shall be takenfrom the liquid phase only.

5. Safety Requirements

5.1 The equipment must comply withapplicable federal, state, and localrequirements on equipment related tohandling HFC–134a material. Safetyprecautions or notices related to safeoperation of the equipment shall beprominently displayed on the equipmentand should also state ‘‘CAUTION—SHOULD BE OPERATED BYQUALIFIED PERSONNEL’’.

5.2 HFC–134a has been shown to benonflammable at ambient temperatureand atmospheric pressure. However,tests under controlled conditions haveindicated that, at pressures aboveatmospheric and with air concentrationsgreater than 60% by volume, HFC–134acan form combustible mixtures. While itis recognized that an ignition source isalso required for combustion to occur,the presence of combustible mixtures isa potentially dangerous situation andshould be avoided.

5.3 Under NO CIRCUMSTANCES shouldany equipment be pressure tested or leaktested with air/HFC–134a mixtures. Donot use compressed air (shop air) for leakdetection in HFC–134a systems.


6. Operating Instructions

6.1 The equipment manufacturer mustprovide operating instructions, includingproper attainment of vehicle systemvacuum (i.e., when to stop the extractionprocess), filter/desiccant replacement,and purging of noncondensable gases(air). Also to be included are any othernecessary maintenance procedures,source information for replacement partsand repair, and safety precautions.

6.2 The equipment must prominentlydisplay the manufacturer’s name,address, the type of refrigerant it isdesigned to recycle, a service telephonenumber, and the part number for thereplacement filter/drier.

7. Functional Description

7.1 The equipment must be capable ofensuring removal of refrigerant from thesystem being serviced by reducing thesystem pressure to a minimum of 102mm (4 in) of mercury below atmosphericpressure (i.e., vacuum).

7.2 During operation, the equipment shallprovide overfill protection to assure thatthe liquid fill of the storage container(which may be integral or external) doesnot exceed 80% of the tank’s ratedvolume at 21.1°C (70°F) per Departmentof Transportation (DOT) Standard, 49CFR 173.304 and the American Societyof Mechanical Engineers.

7.3 Portable refillable tanks or containersused in conjunction with this equipmentmust be labeled ‘‘HFC-134a’’, meetapplicable DOT or UnderwritersLaboratories (UL) Standards, and shallincorporate fittings per SAE J2197.

7.3.1 The cylinder valve shall comply withthe standard for cylinder valves, UL1769.

7.3.2 The pressure relief device shallcomply with the Pressure Relief DeviceStandard Part 1—Cylinders forCompressed Gases, CGA Pamphlet S–1.1.

7.3.3 The tank assembly shall be marked toindicate the first retest date which shallbe 5 years after the date of manufacture.The marking shall indicate that retestmust be performed every subsequent 5years. The marking shall be in letter atleast 6 mm (1⁄4 in) high.

7.4 All flexible hoses must comply withSAE J2196.

7.5 Service hoses must have shutoff deviceslocated within 30 cm (12 in) of theconnection point to the system beingserviced as identified in J2196. Allservice fittings must comply with SAEJ2197.

7.6 The equipment must be able to separatethe lubricant from the removedrefrigerant and accurately indicate theamount of lubricant removed during theprocess, in 30 mL (1 fl oz) units.Refrigerant dissolves in lubricants and,as a result, increases the volume of therecovered lubricant sample. This createsthe illusion that more lubricant has beenrecovered than actually has been. Theequipment lubricant measuring systemmust take into account such dissolvedrefrigerant to prevent overcharging thevehicle system with lubricant. (Note: Useonly new lubricant to replace the amountremoved during the recycling process.Used lubricant should be discarded perapplicable federal, state, and localrequirements.)

8. Testing

This test procedure and its requirementsare to be used to determine the ability of therecycling equipment to adequately recyclecontaminated refrigerant.8.1 The equipment shall be able to clean the

contaminated refrigerant in section 8.3 tothe purity level defined in SAE J2099.

8.2 The equipment shall be operated inaccordance with the manufacturer’soperating instructions.

8.3 Contaminated HFC–134a Sample.8.3.1 The standard contaminated

refrigerant shall consist of liquid HFC–134a with 1300 ppm (by weight)moisture (equivalent to saturation at38°C [100 °F]), 45,000 ppm (by weight)HFC–134a compatible lubricant, and1000 ppm (by weight) of noncondensablegases (air).

8.3.1.1 The HFC–134a compatiblelubricant referred to in section 8.3.1 shallbe ICI DGLF 118, or equivalent, whichshall contain no more than 1000 ppm byweight of moisture.

8.4 Test Cycle8.4.1 The equipment must be

preconditioned by processing 13.6 kg (30lb) of the standard contaminated HFC–134a at an ambient of 21°C (70°F) beforestarting the test cycle. 1.13 kg (2.5 lb)samples are to be processed at 5 minintervals. The test fixture, depicted inFigure 1 to Appendix A, shall beoperated at 21°C (70°F).

8.4.2 Following the preconditioningprocedure per section 8.4.1, 18.2 kg (40lb) of standard contaminated HFC–134aare to be processed by the equipment.

8.5 Sample Requirements8.5.1 Samples of the standard

contaminated refrigerant from section8.3.1 shall be processed as required insection 8.6 and shall be analyzed aftersaid processing as defined in sections8.7, 8.8, and section 8.9. Note exceptionfor non-condensable gas determinationin section 8.9.4.

8.6 Equipment Operating Ambient8.6.1 The HFC–134a is to be cleaned to

the purity level, as defined in SAE J2099,with the equipment operating in a stableambient of 10, 21, and 49°C (50, 70,120°F) while processing the samples asdefined in section 8.4.

8.7 Quantitative Determination of Moisture

8.7.1 The recycled liquid phase sample ofHFC–134a shall be analyzed for moisturecontent via Karl Fischer coulometrictitration, or an equivalent method. TheKarl Fischer apparatus is an instrumentfor precise determination of smallamounts of water dissolved in liquidand/or gas samples.

8.7.2 In conducting this test, a weighedsample of 30 to 130 g is vaporizeddirectly into the Karl Fischer anolyte. Acoulometric titration is conducted andthe results are reported as parts permillion moisture (weight).

8.8 Determination of Percent Lubricant8.8.1 The amount of lubricant in the

recycled HFC–134a sample shall bedetermined via gravimetric analysis. Themethodology must account for thehygroscopicity of the lubricant.

8.8.2 Following venting ofnoncondensable gases in accordancewith the manufacturer’s operatinginstructions, the refrigerant containershall be shaken 5 min prior to extractingsamples for testing.

8.8.3 A weighed sample of 175 to 225 gof liquid HFC–134a is allowed toevaporate at room temperature. Thepercent lubricant is calculated fromweights of the original sample and theresidue remaining after evaporation.

8.9 Noncondensable Gases8.9.1 The amount of noncondensable

gases shall be determined by gaschromatography. A sample of vaporizedrefrigerant liquid shall be separated andanalyzed by gas chromatography. APorapak Q column at 130°C (266°F) anda hot wire detector may be used for theanalysis.

8.9.2 This test shall be conducted onliquid phase samples of recycledrefrigerant taken from a full container asdefined in section 7.2 within 30 minutesfollowing the proper venting ofnoncondensable gases.

8.9.3 The liquid phase samples in section8.9.2 shall be vaporized completely priorto gas chromatographic analysis.

8.9.4 This test shall be conducted at 21and 49°C (50 and 120°F) and may beperformed in conjunction with thetesting defined in section 8.6. Theequipment shall process at least 13.6 kg(30 lb) of standard contami natedrefrigerant for this test).

Rationale

Not applicable.

Relationship of Standard to ISO Standard

Not applicable.

Application

The purpose of this standard is to establishthe specific minimum equipmentrequirements for recycling HFC–134a thathas been directly removed from, and isintended for reuse in, mobile air-conditioning (A/C) systems.

Reference Section

SAE J2099—Standard of Purity for RecycledHFC–134a for Use in Mobile Air-Conditioning Systems




CGA Pamphlet S–1.1—Pressure Relief DeviceStandard Part 1—Cylinders forCompressed Gases


EquipmentDOT Standard, 49 CFR 173.304—Shippers—

General Requirements for Shipment andPackagings

II. SAE J2211, issued December, 1991.

Recommended Service Procedure for theContainment of HFC–134a

1. Scope

Refrigerant containment is an importantpart of servicing mobile air-conditioningsystems. This procedure provides guidelinesfor technicians for servicing mobile air-conditioning systems and operatingrefrigerant recycling equipment designed forHFC–134a (described in SAE J2210).

2. References

2.1 Applicable Documents-The followingpublications form a part of thisspecification to the extent specified. Thelatest issue of SAE publications shallapply.

2.1.1 SAE Publications—Available fromSAE, 400 Commonwealth Drive,Warrendale, PA 15096–0001.



SAE J2210—Refrigerant RecyclingEquipment for HFC–134a Mobile Air-Conditioning Systems

SAE J2219—Concerns to the Mobile Air-Conditioning Industry

2.2 Definitions2.2.1 Recovery/Recycling (R/R) Unit—

Refers to a single piece of equipment thatperforms both functions of recovery andrecycling of refrigerants per SAE J2210.

2.2.2 Recovery—Refers to that portion ofthe R/R unit operation that removes therefrigerant from the mobile air-conditioning system and places it in theR/R unit storage container.

2.2.3 Recycling—Refers to that portion ofthe R/R unit operation that processes therefrigerant for reuse on the same job siteto the purity specifications of SAE J2099.

3. Service Procedure

3.1 Connect the recycling unit servicehoses, which shall have shutoff devices(e.g., valves) within 30 cm (12 in) of theservice ends, to the vehicle air-conditioning (A/C) service ports. Hosesshall conform to SAE J2196 and fittingsshall conform to SAE J2197.

3.2 Operate the recycling equipment per theequipment manufacturer’s recommendedprocedure.

3.2.1 Verify that the vehicle A/C systemhas refrigerant pressure. Do not attemptto recycle refrigerant from a dischargedsystem as this will introduce air(noncondensable gas) into the recyclingequipment which must later be removedby purging.

3.2.2 Begin the recycling process byremoving the refrigerant from the vehicleA/C system. Continue the process untilthe system pressure has been reduced toa minimum of 102mm (4 in) of mercurybelow atmospheric pressure (i.e.,vacuum). If A/C components showevidence of icing, the component can begently heated to facilitate refrigerantremoval. With the recycling unit shut offfor at least 5 minutes, check A/C systempressure. If this pressure has risen abovevacuum (0 psig), additional recycleroperation is required to remove theremaining refrigerant. Repeat theoperation until the system pressureremains stable at vacuum for 2 minutes.

3.3 Close the valves in the service linesand then remove the service lines fromthe vehicle system. If the recoveryequipment has automatic closing valves,be sure they are operating properly.Proceed with the repair/service.

3.4 Upon completion of refrigerantremoval from the A/C system, determinethe amount of lubricant removed duringthe process and replenish the systemwith new lubricant, which is identifiedon the A/C system label. Used lubricantshould be discarded per applicablefederal, state, and local requirements.

4. Service With a Manifold Gauge Set

4.1 High-side, low-side, and center servicehoses must have shutoff devices (e.g.,valves) within 30 cm (12 in) of theservice ends. Valves must be closed priorto hose removal from the A/C system toprevent refrigerant loss to theatmosphere.

4.2 During all service operations, servicehose valves should be closed untilconnected to the vehicle A/C system orto the charging source to exclude airand/or contain the refrigerant.

4.3 When the manifold gauge set isdisconnected from the A/C system, orwhen the center hose is moved toanother device that cannot acceptrefrigerant pressure, the gauge set hosesshould be attached to the recyclingequipment to recover the refrigerant fromthe hoses.

5. Supplemental Refrigerant CheckingProcedure for Stored Portable Containers

5.1 Certified recycling equipment and theaccompanying recycling procedure,when properly followed, will deliveruse-ready refrigerant. In the event thatthe full recycling procedure was notfollowed or the technician is unsureabout the noncondensable gas content ofa given tank of refrigerant, this procedurecan be used to determine whether therecycled refrigerant container meets thespecification for noncondensable gases(air). (Note: The use of refrigerant withexcess air will result in higher systemoperating pressures and may cause A/Csystem damage.)

5.2 The container must be stored at atemperature of 18.3 °C (65 °F) or abovefor at least 12 hours, protected fromdirect sunlight.

5.3 Install a calibrated pressure gauge, with6.9 kPa (1 psig) divisions, on thecontainer and read container pressure.

5.4 With a calibrated thermometer, measurethe air temperature within 10 cm (4 in)of the container surface.

5.5 Compare the observed containerpressure and air temperature to thevalues given in Tables 1 and 2 todetermine whether the containerpressure is below the pressure limitgiven in the appropriate table. Forexample, at an air temperature of 21 °C(70 °F) the container pressure must notexceed 524 kPa (76 psig).

5.6 If the refrigerant in the container hasbeen recycled and the container pressureis less than the limit in Tables 1 and 2,the refrigerant may be used.

5.7 If the refrigerant in the container hasbeen recycled and the container pressureexceeds the limit in Tables 1 and 2,slowly vent, from the top of thecontainer, a small amount of vapor intothe recycle equipment until the pressureis less than the pressure shown in Tables1 and 2.

5.8 If, after shaking the container andletting it stand for a few minutes, thecontainer pressure still exceeds thepressure limit shown in Tables 1 and 2,the entire contents of the container shallbe recycled.

TABLE 1.—MAXIMUM ALLOWABLE CONTAINER PRESSURE (METRIC)

Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa

18 (65) ....................................................... 476 26 (79) 621 34 (93) 793 42 (108) 100719 (66) ....................................................... 483 27 (81) 642 35 (95) 814 43 (109) 102720 (68) ....................................................... 503 28 (82) 655 36 (97) 841 44 (111) 105521 (70) ....................................................... 524 29 (84) 676 37 (99) 876 45 (113) 108922 (72) ....................................................... 545 30 (86) 703 38 (100) 889 46 (115) 112423 (73) ....................................................... 552 31 (88) 724 39 (102) 917 47 (117) 115824 (75) ....................................................... 572 32 (90) 752 40 (104) 945 48 (118) 1179


TABLE 1.—MAXIMUM ALLOWABLE CONTAINER PRESSURE (METRIC)—Continued

Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa Temp, C(F) kPa

25 (77) ....................................................... 593 33 (91) 765 41 (106) 979 49 (120) 1214

TABLE 2.—MAXIMUM ALLOWABLE CONTAINER PRESSURE (ENGLISH)

Temp, F psig Temp, F psig Temp, F psig Temp, F psig

65 .............................................................. 69 79 90 93 115 107 14466 .............................................................. 70 80 91 94 117 108 14667 .............................................................. 71 81 93 95 118 109 14968 .............................................................. 73 82 95 96 120 110 15169 .............................................................. 74 83 96 97 122 111 15370 .............................................................. 76 84 98 98 125 112 15671 .............................................................. 77 85 100 99 127 113 15872 .............................................................. 79 86 102 100 129 114 16073 .............................................................. 80 87 103 101 131 115 16374 .............................................................. 82 88 105 102 133 116 16575 .............................................................. 83 89 107 103 135 117 16876 .............................................................. 85 90 109 104 137 118 17177 .............................................................. 86 91 111 105 139 119 17378 .............................................................. 88 92 113 106 142 120 176

6. Containers for Storage of RecycledRefrigerant

6.1 Recycled refrigerant should not besalvaged or stored in disposablecontainers (this is one common type ofcontainer in which new refrigerant issold). Use only DOT 49 CFR or ULapproved storage containers, specificallymarked for HFC–134a, for recycledrefrigerant.

6.2 Any container of recycled refrigerantthat has been stored or transferred mustbe checked prior to use as defined inSection 5.

6.3 Evacuate the tanks to at least 635 mmHg (25 in Hg) below atmosphericpressure (vacuum) prior to first use.

7. Transfer of Recycled Refrigerant

7.1 When external portable containers areused for transfer, the container must beevacuated to at least 635 mm (25 in Hg)below atmospheric pressure (vacuum)prior to transfer of the recycledrefrigerant to the container. Externalportable containers must meet DOT andUL standards.

7.2 To prevent on-site overfilling whentransferring to external containers, thesafe filling level must be controlled byweight and must not exceed 60% of thecontainer gross weight rating.

8. Safety Note for HFC–134a

8.1 HFC–134a has been shown to benonflammable at ambient temperatureand atmospheric pressure. However,recent tests under controlled conditionshave indicated that, at pressures aboveatmospheric and with air concentrationsgreater than 60% by volume, HFC–134acan form combustible mixtures. While itis recognized that an ignition source isalso required for combustion to occur,the presence of combustible mixtures isa potentially dangerous situation andshould be avoided.

8.2 Under NO CIRCUMSTANCE should anyequipment be pressure tested or leaktested with air/HFC–134a mixtures. Donot use compressed air (shop air) for leakdetection in HFC–134a systems.

9. Disposal of Empty/Near Empty Containers

9.1 Since all refrigerant may not have beenremoved from disposable refrigerantcontainers during normal systemcharging procedures, empty/near emptycontainer contents should be recycledprior to disposal of the container.

9.2 Attach the container to the recyclingunit and remove the remainingrefrigerant. When the container has beenreduced from a pressure to vacuum, thecontainer valve can be closed and thecontainer can be removed from the unit.The container should be marked‘‘Empty’’, after which it is ready fordisposal.

III. SAE J2099, issued December, 1991.

Standard of Purity for Recycled HFC–134afor Use in Mobile Air Conditioning Systems

Foreword

The purpose of this standard is to establishthe minimum level of purity required forrecycled HFC–134a removed from, andintended for reuse in, mobile air-conditioning systems.

1. Scope

This standard applies to HFC–134arefrigerant used to service motor vehiclepassenger compartment air-conditioningsystems designed or retrofitted to use HFC–134a. Hermetically sealed, refrigerated cargosystems are not covered by this standard.

2. References

2.1 Applicable Documents—The followingpublications form a part of thisspecification to the extent specified. Thelatest issue of SAE publications shallapply.

2.1.1 SAE publications—Available fromSAE, 400 Commonwealth Drive,Warrendale, PA 15096–0001.

SAE J2210—HFC–134a RecyclingEquipment for Mobile Air-ConditioningSystems

SAE J2211—Recommended ServiceProcedure for the Containment of HFC–134a

3. Purity Specification

The refrigerant referred to in this standardshall have been directly removed from, andintended to be returned to, a mobile air-conditioning system. Contaminants in thisrecycled refrigerant shall be limited tomoisture, refrigerant system lubricant, andnoncondensable gases, which, whenmeasured in the refrigerant liquid phase,shall not exceed the following levels:3.1 Moisture—50 ppm by weight3.2 Lubricant—500 ppm by weight3.3 Noncondensable Gases (Air)—150 ppm

by weight

4. Requirements for Recycle Equipment Usedin Direct Mobile Air-Conditioning ServiceOperations

4.1 Such equipment shall meet J2210,which covers additional moisture, acid,and filter requirements.

5. Operation of the Recycle Equipment

Recycle equipment operation shall be inaccord with SAE J2211.


Application

This Standard applies to HFC–134arefrigerant used to service motor vehiclepassenger compartment air-conditioningsystems designed or retrofitted to use HFC–134a. Hermetically sealed, refrigerated cargosystems are not covered by this standard.

Reference Section

SAE J2210—HFC–134a RecyclingEquipment for Mobile Air-ConditioningSystemsSAE J2211—Recommended Service

Procedure for the Containment of HFC–134a.

9. Appendix D is added to Subpart Bto read as follows:

Appendix D to Subpart B—Standard forHFC–134a Recover-Only Equipment

SAE J2211, Recommended ServiceProcedure for Containment of HFC–134a, asset forth under Appendix C of this subpart,also applies to this Appendix D.

SAE J1732, issued December, 1994.

HFC–134a (R–134a) Extraction Equipmentfor Mobile Automotive Air-ConditioningSystems

ForewordAppendix C established equipment

specifications for on-site recovery and reuseof HFC–134a in air-conditioning systems.These specifications are for HFC–134aextraction only equipment that are intendedto be used in conjunction with the on-siterecycling equipment currently used at servicefacilities, or allow for off-site refrigerantreclamation.

1. Scope

The purpose of this standard is to provideequipment specification for only the recoveryof HFC–134a refrigerant to be returned to arefrigerant reclamation facility that willprocess it to ARI Standard 700–93 or allowfor recycling of the recovered refrigerant toSAE J2210 specifications by using DesignCertified equipment of the same ownership.It is not acceptable that refrigerant removedfrom a mobile air conditioning system withthis equipment be directly returned to amobile air-conditioning system.

This information applies to equipmentused to service automobiles, light trucks, andother vehicles with similar HFC–134a airconditioning systems.

2. References

2.1 Applicable Documents—The followingpublications form a part of thisspecification to the extent specified.


SAE J639—Vehicle Service CouplingSAE J2210—HFC–134a Recycling

Equipment for Mobile Automotive AirConditioning Systems



2.1.2 ARI Publication—Available fromAir Conditioning and Refrigerant

Institute, 1501 Wilson Blvd. Sixth Floor,Arlington, VA 22209.

ARI 700–93—Specifications forFluorocarbon Refrigerants

2.1.3 CGA Publications—Available fromCGA, 1235 Jefferson Davis Highway,Arlington, VA 22202.

CGA Pamphlet S–1.1—Pressure ReliefDevice Standard

Part 1—Cylinders for Compressed Gases2.1.4 DOT Publications—Available from

the Superintendent of Documents, U.S.Government Printing Office,Washington, D.C. 20402.

DOT Standard, 49 CFR 49 173.304—Shippers-General Requirements forShipments and Packagings

2.1.5 UL Publications—Available fromUnderwriters Laboratories, 333 PfingstenRoad, Northbrook, IL 60062–2096.

UL 1769—Cylinder Valves


3.1 The equipment must be able to extractHFC–134a from a mobile air-conditioning system.

3.2 The equipment shall be suitable for usein an automotive service garageenvironment as defined in section 6.8.

3.3 Equipment Certification—Theequipment shall be certified byUnderwriters Laboratories or anequivalent certifying laboratory to meetthis standard.

3.4 Label Requirements—The equipmentshall have a label ‘‘Design Certified by(Company Name) to meet SAE J1732 foruse only with HFC–134a. The refrigerantfrom this equipment must be processedto ARI 700–93 specifications or to SAEJ2210 specifications by using DesignCertified equipment of the sameownership.’’ The minimum letter sizeshall be bold type 3 mm in height.


4.1 The equipment must comply withapplicable federal, state, and localrequirements on equipment related tothe handling of HFC–134a material.Safety precautions or notices or labelsrelated to the safe operation of theequipment shall also be prominentlydisplayed on the equipment and shouldstate ‘‘CAUTION—SHOULD BEOPERATED BY CERTIFIEDPERSONNEL.’’ The safety identificationshall be located on the front near thecontrols.

4.2 The equipment must comply withapplicable safety standards for electricaland mechanical requirements.


5.1 The equipment manufacturer mustprovide operating instructions thatinclude information required by SAEJ1629, necessary maintenanceprocedures, and source information forreplacement parts and repair.

5.1.1 The instruction manual shallinclude the following information on thelubricant removed. Only new lubricant,as identified by the system manufacturer,should be replaced in the mobile airconditioning system. Removed lubricantfrom the system and/or the equipment

shall be disposed of in accordance withthe applicable federal, state, and localprocedures and regulations.

5.2 The equipment must prominentlydisplay the manufacturer’s name,address, the type of refrigerant it isdesigned to extract, a service telephonenumber, and any items that requiremaintenance or replacement that affectthe proper operation of the equipment.Operation manuals must coverinformation for complete maintenance ofthe equipment to assure properoperation.


6.1 The equipment must be capable ofensuring removal of refrigerant from thesystem being serviced by reducing thesystem pressure to a minimum of 102mm (4 in) of mercury below atmosphericpressure (i.e., vacuum). To preventsystem delayed outgassing, the unit musthave a device that assures the refrigeranthas been recovered from the air-conditioning system.

6.1.1 Testing laboratory certification ofthe equipment capability is requiredwhich shall process contaminatedrefrigerant samples at specifictemperatures.

6.2 The equipment must be preconditionedby processing 13.6 kg (30 lb) of thestandard contaminated HFC–134a at anambient of 21°C (70°F) before starting thetest cycle. Sample amounts are not toexceed 1.13 kg (2.5 lb) with sampleamounts to be repeated every 5 minutes.The test fixture shown in Figure 1 toAppendix A of this subpart shall beoperated at 21°C. Contaminated HFC–134a samples shall be processed atambient temperatures of 10 and 49°C,without equipment shutting due to anysafety devices employed in thisequipment.

6.2.1 Contaminated HFC–134a sample6.2.2 Standard contaminated HFC–134a

refrigerant, 13.6 kg sample size, shallconsist of liquid HFC–134a with 1300ppm (by weight) moisture at 21°C and45,000 ppm (by weight) of oil(polyalkylene glycol oil with 100 csviscosity at 40°C or equivalent) and 1000ppm by weight of noncondensable gases(air).

6.3 Portable refillable containers used inconjunction with this equipment mustmeet applicable DOT Standards.

6.3.1 The container color must be bluewith a yellow top to identify that itcontains used HFC–134a refrigerant. Itmust be permanently marked on theoutside surface in black print at least 20mm high ‘‘DIRTY HFC–134a—DO NOTUSE, MUST BE REPROCESSED’’.

6.3.2 The portable refillable containershall have a 1⁄2 inch ACME thread.

6.3.3 During operation, the equipmentshall provide overfill protection to assurethat the storage container liquid fill doesnot exceed 80% of the tank’s ratedvolume at 21°C per DOT Standard, 49CFR 173.304 and the American Societyof Mechanical Engineers.

6.4 Additional Storage Tank Requirements


6.4.1 The cylinder valve shall complywith UL 1769.

6.4.2 The pressure relief device shallcomply with CGA Pamphlet S–1.1.

6.4.3 The container assembly shall bemarked to indicate the first retest date,which shall be 5 years after date ofmanufacture. The marking shall indicatethat retest must be performed everysubsequent 5 years. The markings shallbe in letters at least 6 mm high.

6.5 All flexible hoses must meet SAE J2196for service hoses.

6.6 Service hoses must have shutoff deviceslocated within 30 cm (12 in) of theconnection point to the system beingserviced to minimize introduction ofnoncondensable gases into the recoveryequipment during connection and therelease of the refrigerant duringdisconnection.

6.7 The equipment must be able to separatethe lubricant from recovered refrigerantand accurately indicate the amountremoved from the simulated automotivesystem during processing in 30 mL units.

6.7.1 The purpose of indicating theamount of lubricant removed is to ensurethat a proper amount of new lubricant isreturned to the mobile air conditioningsystem for compressor lubrication.

6.7.2 Refrigerant dissolved in thislubricant must be accounted for toprevent system lubricant overcharge ofthe mobile air-conditioning system.

6.8 The equipment must be capable ofcontinuous operation in ambienttemperatures of 10°C to 49°C and complywith 6.1 and 6.2.

7. For test validation, the equipment is tobe operated according to the manufacturer’sinstructions.

Application

The purpose of this standard is to provideequipment specification for only the recoveryof HFC–134a refrigerant to be returned to arefrigerant reclamation facility that willprocess it to ARI Standard 700–93 or allowfor the recycling of the recovered refrigerantto SAE J2210 specifications by using DesignCertified equipment of the same ownership.It is not acceptable that the refrigerantremoved from a mobile air-conditioningsystem with this equipment be directlyreturned to a mobile air-conditioning system.

This information applies to equipmentused to service automobiles, light trucks, andother vehicles with similar HFC–134a air-conditioning systems.

Reference Section

SAE J639—Vehicle Service CouplingSAE J2210—HFC–134a Recycling Equipment

for Mobile Automotive Air ConditioningSystems


ARI 700–93—Specifications for FluorocarbonRefrigerants


UL 1769—Cylinder Valves

49 CFR 173.304—Shippers—GeneralRequirements for Shipment andPackagings

10. Appendix E is added to SubpartB to read as follows:

Appendix E to Subpart B—TheStandard for Automotive RefrigerantRecycling Equipment Intended for UseWith Both CFC–12 and HFC–134a

SAE J2211, Recommended ServiceProcedure for the Containment of HFC–134a,as set forth under Appendix C of this subpart,and SAE J1989, Recommended ServiceProcedure for the Containment of CFC–12, asset forth under Appendix A of this subpart,also apply to this Appendix E of this subpart.

SAE J1770, issued December, 1995.

Automotive Refrigerant Recycle EquipmentIntended for Use With Both CFC–12 andHFC–134a

Foreword

The purpose of this standard is to establishspecific minimum equipment requirementsfor automotive refrigerant recyclingequipment intended for use with both CFC–12 and HFC–134a in a common refrigerantcircuit. Establishing such specifications willassure that this equipment does not crosscontaminate refrigerant above specifiedlimits when used under normal operatingconditions.

1. Scope

The purpose of this standard is to establishthe specific minimum equipment intendedfor use with both CFC–12 and HFC–134a ina common refrigerant circuit that has beendirectly removed from, and is intended forreuse in, mobile air-conditioning (A/C)systems. This standard does not apply toequipment used for CFC–12 and HFC–134ahaving a common enclosure with separatecircuits for each refrigerant.

2. References



SAE J2099—Standard of Purity forRecycled HFC–134a for Use in MobileAir-Conditioning Systems

SAE 1991—Standard of Purity for Use inMobile Air-Conditioning Systems



SAE J2210—HFC–134a (R–134a) RecyclingEquipment for Mobile A/C Systems

SAE J1990—Extraction and RecyclingEquipment for Mobile A/C Systems

2.1.2 Compressed Gas Association (CGA)Publications—Available from CGA, 1235Jefferson Davis Highway, Arlington, VA22202.

CGA Pamphlet S–1.1—Pressure ReliefDevice Standard

Part 1—Cylinders for Compressed Gases

2.1.3 DOT Publications—Available fromthe Superintendent of Documents, U.S.Government Printing Office,Washington, D.C. 20402



Equipment


3.1 The equipment shall be suitable for usein an automotive service garageenvironment and be capable ofcontinuous operation in ambients from10 to 49°C.

3.2 The equipment must be certified that itmeets this specification by UnderwritersLaboratories Inc. (UL), or by anequivalent Nationally RecognizedTesting Laboratory (NRTL).

3.3 The equipment shall have a label whichstates ‘‘Design Certified by (CertifyingAgent) to meet SAE J1770 for recyclingCFC–12 and HFC–134a using commonrefrigerant circuits’’, in bold-type lettersa minimum of 3 mm in height.

4. Equipment Requirements

4.1 General4.1.1 The equipment shall be capable of

preventing cross contamination to thelevel required by Section 9.2.1.G beforean operation involving a differentrefrigerant can begin. The equipmentmust prevent initiation of the recoveryoperation if the equipment is not set upproperly.

4.1.2 If an operator action is required toclear the unit prior to reconnecting for adifferent refrigerant, the equipment shallbe provided with a means whichindicates which refrigerant was lastprocessed.

4.1.3 Means shall be provided to preventrecovery from both an CFC–12 and HFC–134a mobile air conditioning systemconcurrently.

4.1.4 Transfer of recycled refrigerant—Recycled refrigerant for recharging andtransfer shall be taken from the liquidphase only.

4.2 Seat Leakage Test4.2.1 Valves, including electrically

operated solenoid valves, that are used toisolate CFC–12 and HFC–134a refrigerantcircuits, shall have a seat leakage rate notexceeding 15 g/yr (1⁄2 oz/yr) before andafter 100,000 cycles of operation. ThisEndurance Test shall be conducted withHFC–134a at maximum operatingpressure as determined by sections 8.1and 8.2. The Seat Leakage Test shall beperformed at 1.5 times this pressure at anambient of 24°C.

4.3 Interlocks4.3.1 Electrical interlock devices used to

prevent cross contamination ofrefrigerant shall be operated for 100,000cycles and there shall be no failure thatwould permit cross contamination ofrefrigerant. Solid state inter lock devicesshall comply with the TransientOvervoltage Test and the Fast Transient(Electric Noise) Test contained in theStandard for Tests for Safety Related


Controls Employing Solid-State Devices,UL 991.

4.4 Noncondensable Gases4.4.1 The equipment shall either

automatically purge noncondensables(NCGs) if the acceptable level isexceeded or incorporate a device thatindicates to the operator the NCG levelhas been exceeded. A pressure gaugeused to indicate an NCG level shall bereadable in 1 psig increments. NCGremoval must be part of the normaloperation of the equipment andinstructions must be provided to enablethe task to be accomplished within 30minutes.

4.4.2 Refrigerant loss fromnoncondensable gas purging, oilremoval, and refrigerant clearing shallnot exceed more than 5 percent byweight of the total amount of refrigerantthrough the equipment as detailed inSections 8.1, 8.2, and 9.2.

4.5 Filter4.5.1 A 15 micron filter, or other

equivalent means, to remove particulatesof 15 micrometers spherical diameter orgreater shall be located before anymanual electrically operated valves thatmay cause cross contamination.

4.6 Moisture and Acid4.6.1 The equipment shall incorporate a

desiccant package that must be replacedbefore saturated with moisture, andwhose acid capacity is at least 5% byweight of the dry desiccant.

4.6.2 The equipment shall be providedwith a moisture detection means thatwill reliably indicate when moisture inthe HFC–134a exceeds 50 ppm, or in theCFC–12 exceeds 15 ppm, and requiresthe filter/drier replacement.


5.1 The equipment manufacturer mustprovide operating instructions, includingproper attainment of vehicle systemvacuum (i.e., when to stop the extractionprocess, and also to stop the extractionprocess if it is noticed that the A/Csystem being serviced has a leak), filter/desiccant replacement, and purging ofnoncondensable gases (air). Theinstructions shall indicate that thecorrect sequence of operation befollowed so that the equipment canproperly remove contaminates to theacceptable level. Also to be included areany other necessary maintenanceprocedures, source information forreplacement parts and repair, and safetyprecautions.

5.2 The equipment must prominentlydisplay the manufacturer’s name,address, the type of refrigerant (CFC–12and HFC–134a), a service telephonenumber, and the part number for thereplacement filter/drier. Operationmanuals must cover information forcomplete maintenance of the equipmentto assure proper operation.


6.1 The equipment must comply withapplicable federal, state, and localrequirements on equipment related tohandling CFC–12 and HFC–134amaterial. Safety precautions or noticesrelated to the safe operation of theequipment shall be prominentlydisplayed on the equipment and shouldalso state ‘‘CAUTION—SHOULD BEOPERATED BY QUALIFIEDPERSONNEL’’.

6.2 HFC–134a has been shown to benonflammable at ambient temperatureand atmospheric pressure. The followingstatement shall be in the operatingmanual: ‘‘Caution: HFC–134a serviceequipment or vehicle A/C systemsshould not be pressure tested or leaktested with compressed air. Somemixtures of air and HFC–134a have beenshown to be combustible at elevatedpressures (when contained in a pipe ortank). These mixtures may be potentiallydangerous, causing injury or propertydamage. Additional health and safetyinformation may be obtained fromrefrigerant and lubricant manufacturers.’’


7.1 General7.1.1 The equipment must be capable of

ensuring recovery of the CFC–12 andHFC–134a from the system beingserviced, by reducing the system to aminimum of 102 mm of mercury belowatmospheric pressure (i.e., vacuum).

7.1.2 The equipment must be compatiblewith leak detection material that may bepresent in the mobile A/C system.

7.2 Shut Off Device7.2.1 To prevent overcharge, the

equipment must be equipped to protectthe tank used to store the recycledrefrigerant with a shutoff device and amechanical pressure relief valve.

7.3 Storage Tanks7.3.1 Portable refillable tanks or

containers shall be supplied with thisequipment and must be labeled ‘‘HFC–134a’’ or ‘‘CFC–12’’ as appropriate, meetapplicable Department of Transportation(DOT) or NRTL’s Standards and beadaptable to existing refrigerant serviceand charging equipment.

7.3.2 The cylinder valve shall complywith the Standard for Cylinder Valves,UL 1769.

7.3.3 The pressure relief device shallcomply with the Pressure Relief DeviceStandard Part 1—Cylinders forCompressed Gases, CGA Pamphlet S–1.1.

7.3.4 The tank assembly shall be markedto indicate the first retest date, whichshall be 5 years after the date ofmanufacture. The marking shall indicatethat retest must be performed everysubsequent 5 years. The marking shall bein letters at least 6 mm high.

7.4 Overfill Protection7.4.1 During operation, the equipment

must provide overfill protection toassure that during filling or transfer, thetank or storage container cannot exceed80% of volume at 21.1°C of its maximumrating as defined by DOT standards, 49

CFR 173.304 and American Society ofMechanical Engineers.

7.5 Hoses and Connections7.5.1 Separate inlet and outlet hoses with

fittings and separate connections shall beprovided for each refrigerant circuit.

7.5.2 All flexible hoses and fittings mustmeet SAE J2196 (for CFC–12) and SAEJ2197 (for HFC–134a).

7.5.3 Service hoses must have shutoffdevices located within 30 cm of theconnection point to the system beingserviced.

7.6 Lubricant Separation7.6.1 The equipment must be able to

separate the lubricant from the removedrefrigerant and accurately indicate theamount of lubricant removed during theprocess, in 30 mL (1 fl oz) units.Refrigerant dissolves in lubricant and, asa result, increases the volume of therecovered lubricant sample. This createsthe illusion that more lubricant has beenrecovered that actually has been. Theequipment lubricant measuring systemmust take into account such dissolvedrefrigerant removed from the A/C systembeing serviced to prevent overchargingthe vehicle system with lubricant.

(Note: Use only new lubricant to replace theamount removed the recycling process. Usedlubricant should be discarded per applicablefederal, state and local requirements.)

7.6.2 The equipment must be providedwith some means, such as a lockoutdevice, which will prevent initiation ofthe recovery operation after switching tothe other refrigerant, if the lubricant hasnot been drained from the oil separator.

8. Testing

8.0 Equipment shall be tested in sequenceas noted in sections 8.1, 8.2 and 9.2. Thefilter/drier may be replaced only asnoted by section 4.6.2.

8.1 CFC–12 Recycling Cycle8.1.1 The maximum operating pressure of

the equipment shall be determined whenrecycling CFC–12 while conducting thefollowing tests. This pressure is neededfor the Seat Leakage Test, Section 4.2.

8.1.2 The equipment must bepreconditioned with 13.6 kg of thestandard contaminated CFC–12 (seesection 8.1.2a) at an ambient of 21°Cbefore starting the test cycle. Sampleamounts shall be 1.13 kg with sampleamounts to be repeated every 5 minutes.The sample method fixture, defined inFigure 1 to Appendix A, shall beoperated at 21°C.

8.1.2a Standard contaminated CFC–12refrigerant shall consist of liquid CFC–12with 100 ppm (by weight) moisture at21•C and 45,000 ppm (by weight)mineral oil 525 suspension viscositynominal and 770 ppm by weight ofnoncondensable gases (air).

8.1.3 The high moisture contaminatedsample shall consist of CFC–12 vaporwith 1000 ppm (by weight) moisture.

8.1.4 The high oil contaminated sampleshall consist of CFC–12 with 200,000ppm (by weight) mineral oil 525suspension viscosity nominal.

8.1.5 After preconditioning as stated insection 8.1.2, the test cycle is started,


processing the following contaminatedsamples through the equipment.

A. 13.6 kg (1.13 kg per batch) of standardcontaminated 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 SAEJ1991, with the equipment operating ina stable ambient of 10, 21, and 49•C andprocessing the samples as defined insection 8.1.5.

8.2 HFC–134a Recycling Cycle8.2.1 The maximum operating pressure of

the equipment shall be determined whenrecycling HFC–134a while conductingthe following tests. This pressure isneeded for the Seat Leakage Test, Section4.2.

8.2.2 The equipment must bepreconditioned by processing 13.6 kg ofthe standard contaminated HFC–134a(see section 8.2.2a) at an ambient of 21°Cbefore starting the test cycle. 1.13 kgsamples are to be processed at 5 minuteintervals. The text fixture shown inFigure 1 to Appendix A shall be operatedat 21°C.

8.2.2a The standard contaminatedrefrigerant shall consist of liquid HFC–134a with 1300 ppm (by weight)moisture (equivalent to saturation at38°[100°F]), 45,000 ppm (by weight)HFC–134a compatible lubricant, and1000 ppm (by weight) of noncondensablegases (air).

8.2.2b The HFC–134a compatiblelubricant referred to in section 8.2.2ashall be a polyalkylene glycol basedsynthetic lubricant or equivalent, whichshall contain no more than 1000 ppm byweight of moisture.

8.2.3 Following the preconditioningprocedure per section 8.2.2, 18.2 kg ofstandard contaminated HFC–134a are tobe processed by the equipment at eachstable ambient temperature of 10, 21, and49°C.

8.2.4 The HFC–134a is to be cleaned tothe purity level, as defined in SAE J2099.

9. Refrigerant Cross Contamination Test

9.1 General9.1.1 For test validation, the equipment is

to be operated according to themanufacturer’s instruction.

9.1.2 The equipment shall clean thecontaminated CFC–12 refrigerant to theminimum purity level as defined inAppendix A, when tested in accordancewith the requirements in section 8.1.

9.1.3 The equipment shall clean thecontaminated HFC–134a refrigerant tothe purity level defined in Appendix C,when tested in accordance with therequirements in section 8.2.

9.2 Test Cycle9.2.1 The following method shall be used

after the tests and requirements inSections 8.1 and 8.2, respectively, arecompleted. Following the manufacturer’sinstructions, the equipment shall becleared of HFC–134a, prior to beginningstep A. The only refrigerant used for this

is noted in steps A, C, and E of section9.2.1. The test fixture shown in Figure 1to Appendix A shall be used and the testshall be conducted at 10, 21, and 49°Cambients.

A. A 1.13 kg standard contaminatedsample of CFC–12 (see section 8.1.2a)shall be processed by the equipment.

B. Follow manufacturer’s instructions toclear the equipment of CFC–12 beforeprocessing HFC–134a.

C. Process a 1.13 kg, standardcontaminated sample of HFC–134a (seesection 8.2.2a) through the equipment.

D. Follow manufacturer’s instructions toclear the equipment of HFC–134a beforeprocessing CFC–12.

E. Process a 1.13 kg standard contaminatedsample of CFC–12 (see section 8.1.2a)through the equipment.

F. Follow manufacturer’s instructions toclear the equipment of CFC–12.

G. The amount of cross contaminatedrefrigerant, as determined by gaschromatography, in samples processedduring steps C and E of section 9.2.1.,shall not exceed 0.5 percent by weight.

10. Sample Analysis

10.1 General10.1.1 The processed contaminated

samples shall be analyzed according tothe following procedure.

10.2 Quantitative Determination ofMoisture

10.2.1 The recycled liquid phase sampleof refrigerant shall be analyzed formoisture content via Karl Fischercoulometer titration or an equivalentmethod. The Karl Fischer apparatus is aninstrument for precise determination ofsmall amounts of water dissolved inliquid and/or gas samples.

10.2.2 In conducting the test, a weighedsample of 30 to 130 g is vaporizeddirectly into the Karl Fischer anolyte. Acoulometer titration is conducted andthe results are calculated and displayedas parts per million moisture (weight).

10.3 Determination of Percent Lubricant10.3.1 The amount of lubricant in the

recycled sample of refrigerant/lubricantis to be determined by gravimetricanalysis.

10.3.2 Following venting ofnoncondensable, in accordance with themanufacturer’s operating instructions,the refrigerant container shall be shakenfor 5 minutes prior to extracting samplesfor test.

10.3.3 A weighed sample of 175 to 225 gof liquid refrigerant/lubricant is allowedto evaporate at room temperature. Thepercent lubricant is to be calculated fromthe weight of the original sample and theresidue remaining after the evaporation.

10.4 Noncondensable Gas10.4.1 The amount of noncondensable gas

is to be determined by gaschromatography. A sample of vaporizedrefrigerant liquid shall be separated andanalyzed by gas chromatography. APropak Q column at 130° C and a hotwire detector may be used for analysis.

10.4.2 This test shall be conducted onliquid phase samples of recycledrefrigerant taken from a full container as

defined in 7.4 within 30 minutesfollowing the proper venting ofnoncondensable gases.

10.4.3 The samples shall be shaken for atleast 15 minutes prior to testing while ata temperature of 24° C ± 2.8• C.

10.5 Refrigerant Cross Contamination10.5.1 The amount of cross contamination

of CFC–12 in HFC–134a or HFC–134a inCFC–12 shall not exceed 0.5 percent byweight as determined by gaschromatography. A sample of vaporizedrefrigerant liquid shall be separated andanalyzed by gas chromatography. A 1%SP–1000 on Carbopack B (60/80 mesh)column may be used for the analysis.

11. Appendix F is added to SubpartB to read as follows:

Appendix F to Subpart B of Part 82—Standard for Recover-Only EquipmentThat Extracts a Single, SpecificRefrigerant Other Than CFC–12 orHFC–134a

ForewordThese specifications are for equipment that

recover, but does not recycle, any single,specific automotive refrigerant other thanCFC–12 or HFC–134a, including a blendrefrigerant.

1. Scope

The purpose of this standard is to provideequipment specifications for the recovery ofany single, specific refrigerant other thanCFC–12 or HFC–134a, including a blendrefrigerant, which are either (1) to bereturned to a refrigerant reclamation facilitythat will process the refrigerant to ARIStandard 700–93 or equivalent new productspecifications at a minimum, or (2) to berecycled in approved refrigerant recyclingequipment, or (3) to be destroyed. Thisstandard applies to equipment used toservice automobiles, light trucks, and othervehicles with similar air conditioningsystems.

2. References


2.1.1 SAE Publications—Available fromSAE, 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 AirConditioning and Refrigeration Institute,1501 Wilson Boulevard, Sixth Floor,Arlington, VA 22209. ARI 700–93—Specifications for FluorocarbonRefrigerants.

2.1.3 Compressed Gas Association (CGA)Publications—Available from CGA, 1235Jefferson Davis Highway, Arlington, VA22202. CGA Pamphlet S–1.1—PressureRelief Device Standard Part 1—Cylindersfor Compressed Gases.

2.1.4 DOT Publications—Available fromthe Superintendent of Documents, U.S.Government Printing Office,Washington, D.C. 20402.


DOT Standard, 49 CFR 173.304—Shippers—General Requirements forShipments and Packagings.


UL 1769—Cylinder Valves.UL 1963—Refrigerant Recovery Recycling

Equipment.

3. Specifications and General Description

3.1 The equipment must be able to extractfrom a mobile air conditioning systemthe refrigerant other than CFC–12 orHFC–134a to which the equipment isdedicated.

3.2 The equipment shall be suitable for usein an automotive service garageenvironment as defined in section 6.8.

3.3 The equipment discharge or transferfitting shall be unique to prevent theunintentional use of the extractedrefrigerant for recharging auto airconditioners.

3.4 Equipment Certification-The equipmentshall be certified by UnderwritersLaboratories or an—equivalent certifyinglaboratory to meet this standard.

3.5 Label Requirements—The equipmentshall have a label ‘‘Designed Certified by(Company Name) to meet EPArequirements for use only with (theapplicable refrigerant). The refrigerantfrom this equipment must be processedto ARI 700–93 specifications orequivalent new product specificationsbefore reuse in a mobile air-conditioningsystem.’’ The minimum letter size shallbe bold type 3 mm in height.


4.1 The equipment must comply withapplicable federal, state, and localrequirements on equipment related tothe handling of the applicable refrigerantmaterial. Safety precautions or notices orlabels related to the safe operation of theequipment shall also be prominentlydisplayed on the equipment and shouldstate ‘‘CAUTION—SHOULD BEOPERATED BY CERTIFIEDPERSONNEL.’’ The safety identificationshall be located on the front near thecontrols.

4.2 The equipment must comply withapplicable safety standards for electricaland mechanical requirements.


5.1 The equipment manufacturer mustprovide operating instructions thatinclude information equivalent to thatrequired by SAE J1629, necessarymaintenance procedures, and sourceinformation for replacement parts andrepair.

5.1.1 The instruction manual shallinclude the following information on thelubricant removed: Only new lubricant,as identified by the system manufacturer,should be replaced in the airconditioning system. Removed lubricantfrom the system and/or the equipmentshall be disposed on in accordance with

the applicable federal, state, and localprocedures and regulations.

5.2 The equipment must prominentlydisplay the manufacturer’s name,address, the type of refrigerant it isdesigned to extract, a service telephonenumber, and any items that requiremaintenance or replacement that affectthe proper operation of the equipment.Operation manuals must coverinformation for complete maintenance ofthe equipment to assure properoperation.

6.1 Functional Description

6.1 The equipment must be capable ofensuring removal of refrigerant from thesystem being serviced by reducing thesystem pressure to a minimum of 102mm (4 in) of mercury below atmosphericpressure (i.e., to a vacuum). To preventsystem delayed outgassing, the unit musthave a device that assures that therefrigerant has been recovered from theair-conditioning system.

6.1.1 Testing laboratory certification ofthe equipment capability is requiredwhich shall process contaminatedrefrigerant samples at specifictemperatures.

6.2 The equipment must be preconditionedby processing 13.6 kg (30 lb) of thestandard contaminated refrigerant at anambient of 21°C (70°F) before starting thetest cycle. Sample amounts are not toexceed 1.13 kg (2.5 lb) with sampleamounts to be processed at 5 min.intervals. The test method fixture,depicted in Figure 1 to appendix A ofthis subpart, shall be operated at 21°C(70°F). Contaminated refrigerant samplesshall be processed at ambienttemperatures of 10 and 49° C, withoutequipment shutting due to any safetydevices employed in this equipment.

6.2.1 Standard contaminated refrigerant,13.6 kg (30 lb) sample size, shall consistof liquid refrigerant with 1000 ppm (byweight) moisture at 21°C and 45,000ppm (by weight) of oil (total of one-thirdmineral oil 525 suspension nominal,one-third PAG with 100 cSt viscosity at40°C or equivalent, and one-third POEwith 68 cSt viscosity at 40°C orequivalent) and 1000 ppm by weight ofnoncondensable gases (air). Refrigerantshall be identified prior to the recoveryprocess to ±2% of the originalmanufacturer’s formulation submitted to,and accepted by, EPA under itsSignificant New Alternatives Policyprogram, with the exception that anyflammable components shall beidentified to ±1%.

6.3 Portable refillable containers used inconjunction with this equipment mustmeet applicable DOT Standards.

6.3.1 The container color must be graywith a yellow top to identify that itcontains used refrigerant. It must bepermanently marked on the outsidesurface in black print at least 20 mmhigh ‘‘DIRTY [NAME OFREFRIGERANT]—DO NOT USE, MUSTBE PROCESSED’’.

6.3.2 The portable refillable containershall have a unique thread connectionfor the specific refrigerant.

6.3.3 During operation, the equipmentshall provide overfill protection to assurethat the storage container liquid fill doesnot exceed 80% of the tank’s ratedvolume at 21°C per DOT Standard, 49CFR 173.304, and the American Societyof Mechanical Engineers.

6.4 Additional Storage Tank Requirements6.4.1 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 ofmanufacture. The marking shall indicatethat retest must be performed everysubsequent 5 years. The marking shall bein letters at least 6 mm high.

6.5 All flexible hoses must meet SAE J2196for service hoses except that fittings shallbe unique to the applicable refrigerant.

6.6 Service hoses must have shutoff deviceslocated within 30 cm of the connectionpoint to the system being serviced tominimize introduction ofnoncondensable gases into the recoveryequipment during connection and therelease of the refrigerant duringdisconnection.

6.7 The equipment must be able to separatethe lubricant from the recoveredrefrigerant and accurately indicate theamount removed from the simulatedautomotive system during processing in30 mL units.

6.7.1 The purpose of indicating theamount of lubricant is to ensure that aproper amount of new lubricant isreturned to the mobile air conditioningsystem for compressor lubrication.

6.7.2 Refrigerant dissolved in thislubricant must be accounted for toprevent system lubricant overcharge ofthe mobile air-conditioning system.

6.8 The equipment must be capable ofcontinuous operation in temperatures of10 to 49 °C and must comply with 6.1and 6.2.

7. For test validation, the equipment is tobe operated according to the manufacturer’sinstructions.

Application

The purpose of this standard is to provideequipment specifications for the recovery ofany refrigerant other than CFC–12 or HFC–134a for return to a refrigerant reclamationfacility that will process it to ARI Standard700–93 (or for recycling in other EPAapproved recycling equipment, in the eventthat EPA in the future designates a standardfor equipment capable of recyclingrefrigerants other than CFC–12 or HFC–134a).

Reference Section

SAE J639—Vehicle Service CouplingSAE J2196—Service Hoses for Automotive

Air-ConditioningARI 700–93—Specifications for Fluorocarbon

Refrigerants



UL 1769—Cylinder Valves49 CFR 173.304—Shippers—General

Requirements for Shipment andPackagings

[FR Doc. 97–33738 Filed 12–29–97; 8:45 am]BILLING CODE 6560–50–P