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Rule2023-08663

Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Refrigeration, Air Conditioning, and Fire Suppression

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Published

April 28, 2023

Effective

May 30, 2023

Issuing agencies

Environmental Protection Agency

Abstract

Pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program, this action lists certain substances as acceptable, subject to use conditions, in the refrigeration and air conditioning sector for chillers--comfort cooling, residential dehumidifiers, residential and light commercial air conditioning and heat pumps, and a substance as acceptable, subject to use conditions and narrowed use limits, in very low temperature refrigeration. Through this action, EPA is incorporating by reference standards which establish requirements for electrical air conditioners, heat pumps, and dehumidifiers, laboratory equipment containing refrigerant, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. Finally, this action lists certain substances as acceptable, subject to use conditions, in the fire suppression sector for certain streaming and total flooding uses.

Full Text

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[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26382-26430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08663]

[[Page 26381]]

Vol. 88

Friday,

No. 82

April 28, 2023

Part II

Environmental Protection Agency

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40 CFR Part 82

Protection of Stratospheric Ozone: Listing of Substitutes Under the
Significant New Alternatives Policy Program in Refrigeration, Air
Conditioning, and Fire Suppression; Final Rule

Federal Register / Vol. 88 , No. 82 / Friday, April 28, 2023 / Rules
and Regulations

[[Page 26382]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2021-0836; FRL-6399-02-OAR]
RIN 2060-AT78

Protection of Stratospheric Ozone: Listing of Substitutes Under
the Significant New Alternatives Policy Program in Refrigeration, Air
Conditioning, and Fire Suppression

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the U.S. Environmental Protection Agency's
Significant New Alternatives Policy program, this action lists certain
substances as acceptable, subject to use conditions, in the
refrigeration and air conditioning sector for chillers--comfort
cooling, residential dehumidifiers, residential and light commercial
air conditioning and heat pumps, and a substance as acceptable, subject
to use conditions and narrowed use limits, in very low temperature
refrigeration. Through this action, EPA is incorporating by reference
standards which establish requirements for electrical air conditioners,
heat pumps, and dehumidifiers, laboratory equipment containing
refrigerant, safe use of flammable refrigerants, and safe design,
construction, installation, and operation of refrigeration systems.
Finally, this action lists certain substances as acceptable, subject to
use conditions, in the fire suppression sector for certain streaming
and total flooding uses.

DATES: This rule is effective May 30, 2023. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of May 30, 2023. The incorporation
by reference of certain other material listed in the rule was approved
by the Director of the Federal Register as of May 11, 2015 and
September 7, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2021-0836. All documents in the docket are listed on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy at
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20460. The Docket Center's hours
of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays). For further information on EPA Docket Center services and
the current status, please visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: Holly Tapani, Stratospheric Protection
Division, Office of Atmospheric Protection (Mail Code 6205A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-0679; email address:
<a href="/cdn-cgi/l/email-protection#94e0f5e4f5fafdbafcfbf8f8edd4f1e4f5baf3fbe2">[email&#160;protected]</a>. Notices and rulemakings under EPA's Significant
New Alternatives Policy program are available on EPA's SNAP website at
<a href="https://www.epa.gov/snap/snap-regulations">https://www.epa.gov/snap/snap-regulations</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
A. Executive Summary and Background
B. Does this action apply to me?
C. What acronyms and abbreviations are used in the preamble?
II. What is EPA finalizing in this action?
A. Chillers--Listing of HFO-1234yf, HFC-32, R-452B, R-454A, R-
454B, and R-454C as Acceptable, Subject to Use Conditions, for Use
in New Chiller Equipment Used in Comfort Cooling, Including Both
Commercial AC and Industrial Process Air Conditioning (IPAC)
1. Background on Chillers--Commercial AC and IPAC
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-
454C and how do they compare to other refrigerants in the same end-
use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these final
listings?
6. How is EPA responding to comments on chillers?
B. Residential Dehumidifiers--Listing of HFO-1234yf, HFC-32, R-
452B, R-454A, R-454B, and R-454C as Acceptable, Subject to Use
Conditions, for Use in New Residential Dehumidifiers
1. Background on Residential Dehumidifiers
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-
454C and how do they compare to other refrigerants in the same end-
use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these final
listings?
6. How is EPA responding to comments on residential
dehumidifiers?
C. Non-Residential Dehumidifiers--Decision Not To Finalize the
Proposed Listing of HFC-32 as Acceptable, Subject to Use Conditions,
for Use in New Non-Residential Dehumidifiers
1. Why is EPA not finalizing the proposal to list HFC-32 as
acceptable, subject to use conditions, in new non-residential
dehumidifiers?
2. How is EPA responding to comments on non-residential
dehumidifiers?
D. Residential and Light Commercial AC and Heat Pumps (HPs)--
Revision of Use Conditions Provided in the Previous Listing of HFC-
32 as Acceptable for Use in New Self-Contained Room ACs and HPs
1. Background on Self-Contained Room ACs and HPs
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is HFC-32 and how does it compare to other refrigerants
in the same end-use?
4. What use conditions previously applied to this refrigerant in
this end-use category?
5. What updates to the use conditions is EPA finalizing?
6. How do the updated use conditions differ from the previous
requirements and why is EPA finalizing the change to the use
conditions?
7. What is the acceptability status of HFC-32 in self-contained
room ACs and HPs?
8. What additional information is EPA including in these final
listings?
9. How is EPA responding to comments on updating use conditions
for HFC-32 in self-contained AC and HPs?
E. Use Conditions and Further Information in Final Listings for
Chillers, Residential Dehumidifiers, and HFC-32 Self-Contained Room
ACs and HPs
1. What use conditions is EPA finalizing and why?
2. What additional information is EPA including in these final
listings?
3. How is EPA responding to comments on use conditions and
further information for chillers, residential dehumidifiers, and
HFC-32 self-contained room ACs and HPs?
F. Very Low Temperature Refrigeration (VLTR)--Listing of R-1150
as Acceptable, Subject to Use Conditions and Narrowed Use Limits,
for Use in New VLTR
1. Background on VLTR
2. What is EPA's final listing decision for R-1150?
3. What is R-1150 and how does it compare to other refrigerants
in the same end-use?
4. What use conditions is EPA finalizing?
5. Why is EPA finalizing these specific use conditions?
6. What narrowed use limits is EPA finalizing?
7. Why is EPA finalizing these specific narrowed use limits?
8. What additional information is EPA including in this final
listing?

[[Page 26383]]

9. How is EPA responding to comments on VLTR?
G. Streaming and Total Flooding Fire Suppression--Listing of 2-
bromo-3,3,3-trifluoropropene (2-BTP) as Acceptable, Subject to Use
Conditions, as a Streaming Agent in Non-Residential Applications and
as a Total Flooding Agent in Normally Unoccupied Spaces Under 500
ft\3\
1. Background on Streaming and Total Flooding Fire Suppression
2. What is EPA's final listing decision for 2-BTP?
3. What is 2-BTP and how does it compare to other fire
suppressants in the same end-uses?
4. What use conditions is EPA finalizing?
5. Why is EPA finalizing these specific use conditions?
6. How is EPA responding to comments on 2-BTP?
H. Total Flooding Fire Suppression--Listing of EXXFIRE[supreg]
as Acceptable, Subject to Use Conditions, for Use in Normally
Unoccupied Spaces
1. What is EPA's final listing decision for EXXFIRE[supreg]?
2. What is EXXFIRE[supreg] and how does it compare to other fire
suppressants in the same end-use?
3. What use conditions is EPA finalizing and why?
4. How is EPA responding to comments on EXXFIRE[supreg]?
I. Total Flooding Fire Suppression--Listing of Powdered Aerosol
H (Pyroquench-[alpha]TM) as Acceptable, Subject to Use
Conditions, for Use in Normally Unoccupied Spaces
1. What is EPA's final listing decision for Powdered Aerosol H?
2. What is Powdered Aerosol H and how does it compare to other
fire suppressants in the same end-use?
3. What use conditions is EPA finalizing and why?
4. How is EPA responding to comments on Powdered Aerosol H?
J. How is EPA responding to other comments?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act and 1 CFR
Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
IV. References

I. General information

A. Executive Summary and Background

This action finalizes listings of new alternatives for the
refrigeration and air conditioning (AC) and fire suppression sectors.
Specifically, EPA is:
<bullet> Listing hydrofluoroolefin (HFO)-1234yf, hydrofluorocarbon
(HFC)-32, R-452B, R-454A, R-454B, and R-454C as acceptable, subject to
use conditions, for use in chillers used in comfort cooling, including
commercial AC and industrial process AC (IPAC);
<bullet> Listing HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-
454C as acceptable, subject to use conditions, for use in residential
dehumidifiers;
<bullet> Listing HFC-32 as acceptable, subject to use conditions,
for use in self-contained room ACs and heat pumps (HPs);
<bullet> Listing R-1150 as acceptable, subject to use conditions
and narrowed use limits, for use in very low temperature refrigeration
(VLTR);
<bullet> Listing 2-bromo-3,3,3-trifluoropropene (2-BTP) as
acceptable, subject to use conditions, in streaming--for non-
residential use, except home offices and boats--and total flooding--in
normally unoccupied spaces under 500 ft\3\;
<bullet> Listing EXXFIRE[supreg] as acceptable, subject to use
conditions, in total flooding--for normally unoccupied areas; and
<bullet> Listing Powdered Aerosol H, also known as Pyroquench-
[alpha]TM, as acceptable, subject to use conditions, in
total flooding--for normally unoccupied areas.
EPA is finalizing these new listings after its evaluation of human
health and environmental information for these substitutes in the
refrigeration and AC sector and the fire suppression sector under the
Significant New Alternatives Policy (SNAP) program based on the
information that EPA has included in the docket. This action provides
additional flexibility for industry by providing new options in
specific uses.
SNAP Program Background
The SNAP program implements section 612 of the Clean Air Act (CAA).
Several major provisions of section 612 are:
1. Rulemaking
Section 612(c) requires EPA to promulgate rules making it unlawful
to replace any class I (chlorofluorocarbon (CFC), halon, carbon
tetrachloride, methyl chloroform, methyl bromide,
hydrobromofluorocarbon, and chlorobromomethane) or class II
(hydrochlorofluorocarbon (HCFC)) ozone depleting substance (ODS) with
any substitute that the Administrator determines may present adverse
effects to human health or the environment where the Administrator has
identified an alternative that (1) reduces the overall risk to human
health and the environment and (2) is currently or potentially
available.
2. Listing of Unacceptable/Acceptable Substitutes
Section 612(c) requires EPA to publish a list of the substitutes
that it finds to be unacceptable for specific uses and to publish a
corresponding list of acceptable substitutes for specific uses.
3. Petition Process
Section 612(d) grants the right to any person to petition EPA to
add a substance to, or delete a substance from, the lists published in
accordance with section 612(c).
4. 90-Day Notification
Section 612(e) directs EPA to require any person who produces a
chemical substitute for a class I substance to notify the Agency not
less than 90 days before a new or existing chemical is introduced into
interstate commerce for significant new use as a substitute for a class
I substance. The producer must also provide the Agency with the
producer's unpublished health and safety studies on such substitutes.
The regulations for the SNAP program are promulgated at 40 Code of
Federal Regulations (CFR) part 82, subpart G, and the Agency's process
for reviewing SNAP submissions is described in regulations at 40 CFR
82.180. Under these rules, the Agency has identified five types of
listing decisions: acceptable; acceptable, subject to use conditions;
acceptable, subject to narrowed use limits; unacceptable; and pending
(40 CFR 82.180(b)). Use conditions and narrowed use limits are both
considered ``use restrictions,'' as described below. Substitutes that
are deemed acceptable with no use restrictions (no use conditions or
narrowed use limits) can be used for all applications within the
relevant end-uses in the sector. After reviewing a substitute, the
Agency may determine that a substitute is acceptable only if certain
conditions in the way that the substitute is used are met, to minimize
risks to human health and the environment. EPA describes such
substitutes as ``acceptable, subject to use conditions'' (40 CFR
82.180(b)(2)). For some substitutes, the Agency may

[[Page 26384]]

permit a narrowed range of use within an end-use or sector. For
example, the Agency may limit the use of a substitute to certain end-
uses or specific applications within an industry sector. EPA describes
these substitutes as ``acceptable, subject to narrowed use limits.''
Under the narrowed use limit, users intending to adopt these
substitutes ``must ascertain that other alternatives are not
technically feasible.'' (40 CFR 82.180(b)(3)).
In making decisions regarding whether a substitute is acceptable or
unacceptable, and whether substitutes present risks that are lower than
or comparable to risks from other substitutes that are currently or
potentially available in the end-uses under consideration, EPA examines
the criteria in 40 CFR 82.180(a)(7)(i) through (vii):

``(i) Atmospheric effects and related health and environmental
impacts; (ii) General population risks from ambient exposure to
compounds with direct toxicity and to increased ground-level ozone;
(iii) Ecosystem risks; (iv) Occupational risks; (v) Consumer risks;
(vi) Flammability; and (vii) Cost and availability of the
substitute.''.

Many SNAP listings include ``comments'' or ``further information''
to provide additional information on substitutes. Since this additional
information is not part of the regulatory decision under SNAP, these
statements are not binding for use of the substitute under the SNAP
program. However, regulatory requirements so listed are binding under
other regulatory programs (e.g., worker protection regulations
promulgated by the U.S. Occupational Safety and Health Administration
(OSHA)). The ``further information'' classification does not
necessarily include all other legal obligations pertaining to the use
of the substitute. While the items listed are not legally binding under
the SNAP program, EPA encourages users of substitutes to apply all
statements in the ``Further Information'' column in their use of these
substitutes. In many instances, the information simply refers to sound
operating practices that have already been identified in existing
industry and/or building codes or standards. Thus, many of the
statements, if adopted, would not require the affected user to make
significant changes in existing operating practices.
For additional information on the SNAP program, visit the SNAP
website at <a href="https://www.epa.gov/snap">https://www.epa.gov/snap</a>. The full lists of acceptable
substitutes for ODS in all industrial sectors are available at <a href="https://www.epa.gov/snap/snap-substitutes-sector">https://www.epa.gov/snap/snap-substitutes-sector</a>. For more information on the
Agency's process for administering the SNAP program or criteria for
evaluation of substitutes, refer to the initial SNAP rulemaking
published March 18, 1994 (59 FR 13044), codified at 40 CFR part 82,
subpart G. SNAP decisions and the appropriate Federal Register
citations can be found at: <a href="https://www.epa.gov/snap/snap-regulations">https://www.epa.gov/snap/snap-regulations</a>.
Substitutes listed as unacceptable; acceptable, subject to narrowed use
limits; or acceptable, subject to use conditions, are also listed in
the appendices to 40 CFR part 82, subpart G.

B. Does this action apply to me?

The following list identifies regulated entities that may be
affected by this rule and their respective North American Industrial
Classification System (NAICS) codes:

<bullet> Plumbing, Heating, and Air Conditioning Contractors (NAICS
238220)
<bullet> All Other Basic Organic Chemical Manufacturing (NAICS 325199)
<bullet> Pharmaceutical Preparations (e.g., Capsules, Liniments,
Ointments, Tablets) Manufacturing (NAICS 325412)
<bullet> Air Conditioning and Warm Air Heating Equipment and Commercial
and Industrial Refrigeration Equipment Manufacturing (NAICS 333415)
<bullet> Household Appliances, Electric Housewares, and Consumer
Electronics Merchant Wholesalers (NAICS 423620)
<bullet> Refrigeration Equipment and Supplies Merchant Wholesalers
(NAICS 423740)
<bullet> Recyclable Material Merchant Wholesalers (NAICS 423930)
<bullet> Appliance Repair and Maintenance (NAICS 811412)
<bullet> Fire Protection (NAICS 922160)

This list is not intended to be exhaustive, but rather to provide a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility, company, business, or
organization could be affected by this action, you should carefully
examine the regulations at 40 CFR part 82, subpart G and the revisions
below. If you have questions regarding the applicability of this action
to a particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.

C. What acronyms and abbreviations are used in the preamble?

Below is a list of acronyms and abbreviations used in the preamble
of this document:

2-BTP--2-bromo-3,3,3-trifluoropropene
AC--Air Conditioning or Air Conditioner
ACGIH--American Conference of Governmental Industrial Hygienists
AEL--Acceptable Exposure Limit
AHAM--Association of Home Appliance Manufacturers
AHRI--Air-Conditioning, Heating, and Refrigeration Institute
AIHA--American Industrial Hygiene Association AIM Act--American
Innovation and Manufacturing Act of 2020
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ASTM--American Society for Testing and Materials
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification
Number
CBI--Confidential Business Information
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CRA--Congressional Review Act
CO<INF>2</INF>--Carbon Dioxide
EEAP--Environmental Effects Assessment Panel
EIA--Environmental Investigation Agency
EPA--United States Environmental Protection Agency
FR--Federal Register
GWP--Global Warming Potential
HCFC--Hydrochlorofluorocarbon
HCFO--Hydrochlorofluoroolefin
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HP--Heat Pump
ICF--ICF International, Inc.
IEC--International Electrotechnical Commission
IPAC--Industrial Process Air Conditioning
IPCC--Intergovernmental Panel on Climate Change
LFL--Lower Flammability Limit
LOAEL--Lowest Observed Adverse Effect Level
MIAQ--Madison Indoor Air Quality
MVAC--Motor Vehicle Air Conditioning
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NARA--National Archives and Records Administration
NFPA--National Fire Protection Association
NIOSH--National Institute for Occupational Safety and Health
NPRM--Notice of Proposed Rulemaking
NRTL--Nationally Recognized Testing Laboratories
ODP--Ozone Depletion Potential
ODS--Ozone Depleting Substances
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PFAS--Per- and poly-fluoroalkyl substances
PFCs--Perfluorocarbons
PMS--Pantone[supreg] Matching System
ppm--Parts Per Million
PRA--Paperwork Reduction Act
PTAC--Packaged Terminal Air Conditioner
PTHP--Packaged Terminal Heat Pump
RAL--``Reichs-Ausschu[szlig] f[uuml]r Lieferbedingungen und
G[uuml]tesicherung,''

[[Page 26385]]

Germany's National Commission for Delivery Terms and Quality
Assurance
RCRA--Resource Conservation and Recovery Act
RFA--Regulatory Flexibility Act
SCBA--Self-Contained Breathing Apparatus
SDS--Safety Data Sheet
SIP--State Implementation Plan
SNAP--Significant New Alternatives Policy
TFA--trifluoroacetic acid
TLV-TWA--Threshold Limit Value-Time-Weighted Average
TSCA--Toxic Substances Control Act
TWA--Time Weighted Average
UL--UL, formerly known as Underwriters Laboratories, Inc.
UMRA--Unfunded Mandates Reform Act
VOC--Volatile Organic Compound, Volatile Organic Compounds
VLTR--Very Low Temperature Refrigeration
WCFF--Worst Case of Fractionation for Flammability
WCF--Worst Case of Formulation for Flammability
WEEL--Workplace Environmental Exposure Limit
WMO--World Meteorological Organization

II. What is EPA finalizing in this action?

This section of the preamble describes EPA's final listings for
certain refrigerants and fire suppressants in specific end-uses,
including final use restrictions. In addition, this section provides
responses to comments EPA received on the proposed listings during the
public comment period for the proposed rule. One comment was received
after the close of the comment period, to which no response from the
Agency is required. The regulatory text for new listings is codified in
appendix X of 40 CFR part 82, subpart G. The regulatory text for a
revised listing is codified in appendix R of 40 CFR part 82, subpart G.
The final regulatory text contains listing decisions for the end-uses
discussed throughout this section below.

A. Chillers--Listing of HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and
R-454C as Acceptable, Subject to Use Conditions, for Use in New Chiller
Equipment Used in Comfort Cooling, Including Both Commercial AC and
Industrial Process Air Conditioning (IPAC)

EPA previously listed HFO-1234yf as acceptable, subject to use
conditions, in motor vehicle AC, in light-duty vehicles (74 FR 53445;
October 19, 2009), in heavy-duty pickup trucks and complete heavy-duty
vans (81 FR 86778; December 1, 2016) and in nonroad vehicles and
service fittings for small refrigerant cans (87 FR 26276; May 4, 2022).
EPA previously listed HFC-32 as acceptable, subject to use conditions,
as a substitute in residential and light commercial AC and HPs (80 FR
19454; April 10, 2015) (86 FR 24444; May 6, 2021) and previously listed
R-452B, R-454A, R-454B, and R-454C, (hereafter called ``the four
refrigerant blends''), as acceptable, subject to use conditions, as
substitutes in residential and light commercial AC and HPs (86 FR
24444; May 6, 2021).\1\
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\1\ In this final rule, we use the term ``air conditioner'' and
``AC'' to cover equipment that cools air, heats air, or has the
function to do both (typically referred to as a ``heat pump'').
While such equipment might humidify or dehumidify the air, the term
does not include equipment whose purpose is for latent cooling only
(i.e., dehumidifiers), which are a separate end-use under SNAP and
are addressed in section II.B of this final rule.
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This final rulemaking finds HFC-32, HFO-1234yf, and the four
refrigerant blends acceptable, subject to use conditions, as
substitutes in chillers. The SNAP program divides chillers for comfort
cooling into two general types based on the type of compressor used in
the system, i.e., centrifugal and positive displacement compressors
(including reciprocating, screw, scroll and rotary) chillers. EPA
proposed to list HFO-1234yf, R-454A, R-454B, and R-454C as acceptable
in all new chillers for comfort cooling and proposed to list HFC-32 and
R-452B as acceptable only in new scroll and rotary chillers for comfort
cooling. After consideration and evaluation of the comments received by
the Agency in response to the July 28, 2022, notice of proposed
rulemaking (87 FR 45508; hereafter, ``NPRM''), EPA is finalizing the
listings for HFO-1234yf, R-454A, R-454B, and R-454C in chillers for
comfort cooling as proposed. After consideration and evaluation of the
comments received, EPA is broadening the listings for HFC-32 and R-452B
relative to the NPRM, and is listing these alternatives as acceptable
with use conditions across all chiller types for all comfort cooling
applications, including but not limited to use in commercial AC and
IPAC.
Several use conditions finalized for chillers are identical to
those finalized for other end-uses (residential dehumidifiers and
residential and light commercial AC and HPs) finalized in sections II.B
and II.D. below. Because of this similarity, EPA discusses the use
conditions that would apply to all three end-uses in detail in section
II.E below. For chillers, EPA is also finalizing an additional use
condition related to adherence to the ASHRAE 15-2019 standard. In
summary, the use conditions for chillers are:
(1) New equipment only--These refrigerants may be used only in new
equipment designed specifically and clearly identified for the
refrigerant, i.e., none of these substitutes may be used as a
conversion or ``retrofit'' refrigerant for existing equipment.
(2) UL Standard--These refrigerants may be used only in chiller
equipment that meet all requirements listed in the 3rd edition, dated
November 1, 2019, of UL Standard 60335-2-40, ``Household and Similar
Electrical Appliances--Safety--Part 2-40: Particular Requirements for
Electrical Heat Pumps, Air Conditioners and Dehumidifiers.'' In cases
where this final rule includes requirements different than those of the
3rd edition of UL Standard 60335-2-40, the appliance would need to meet
the requirements of this final rule in place of the requirements in UL
60335-2-40, 3rd Edition. See section II.E below for further discussion
on the requirements of this standard that EPA is incorporating by
reference.
(3) Warning labels--Several warning labels are required as use
conditions as detailed in section II.E below. These labels are similar
or verbatim in language to those required by UL 60335-2-40, 3rd
Edition. The warning labels must be provided in letters no less than
6.4 mm (\1/4\ inch) high and must be permanent.
(4) Markings--Equipment must have distinguishing red
(Pantone[supreg] Matching System (PMS) #185 or Reichs-Ausschu[szlig]
f[uuml]r Lieferbedingungen und G[uuml]tesicherung \2\ (RAL) 3020)
color-coded hoses and piping to indicate use of a flammable
refrigerant. The chiller equipment shall have marked service ports,
pipes, hoses and other devices through which the refrigerant is
serviced. Markings shall extend at least 1 inch (25 mm) from the
servicing port and shall be replaced if removed.
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\2\ Germany's National Commission for Delivery Terms and Quality
Assurance.
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(5) For chillers, EPA is also finalizing a use condition related to
adherence to the ASHRAE 15-2019 standard in addition to those common
finalized use conditions for chillers, residential dehumidifiers, and
self-contained room ACs. Specifically, EPA is requiring that these
refrigerants may only be used in chillers that meet all requirements
listed in the American National Standards Institute (ANSI)/ASHRAE
Standard 15-2019 (hereafter ``ASHRAE 15-2019''). In cases where this
final rule includes requirements different than those of ASHRAE 15-
2019,\3\ EPA is finalizing that the chiller appliance needs to meet the
requirements of this final rule in place of the requirements in the
ASHRAE Standard. This additional use

[[Page 26386]]

condition is discussed further in section II.A.4, below.
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\3\ ASHRAE, 2019b. American National Standards Institute (ANSI)/
American Society for Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Standard 15. Safety Standard for Refrigeration
Systems. 2019.
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EPA notes that there may be other requirements pertaining to the
manufacture, use, handling, and disposal of the listed refrigerants
that are not included in the information listed in the tables (e.g.,
the CAA section 608(c)(2) venting prohibition \4\ or Department of
Transportation requirements for transport of flammable gases).
Flammable refrigerants being recovered or otherwise disposed of from
chillers are likely to be hazardous waste under the Resource
Conservation and Recovery Act (RCRA) (see 40 CFR parts 260-270).
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\4\ Under section 608(c)(2) of the CAA and EPA's regulations at
40 CFR 82.154(a)(1), it is unlawful for any person, in the course of
maintaining, servicing, repairing, or disposing of an appliance or
industrial process refrigeration, to knowingly vent or otherwise
knowingly release or dispose of any substitute substance for a class
I or class II substance used as a refrigerant in such appliance (or
industrial process refrigeration) in a manner which permits such
substance to enter the environment. As provided in 40 CFR
82.154(a)(1), certain substitutes in certain end-uses have been
exempted from this prohibition. References to the venting
prohibition throughout this final rule refer to these provisions.
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1. Background on Chillers--Commercial AC and IPAC

This rulemaking applies to chillers that are covered by the UL
60335-2-40 standard ``Household and Similar Electrical Appliances--
Safety--Part 2-40: Requirements for Electrical Heat Pumps, Air
Conditioners and Dehumidifiers'' and ASHRAE Standard 15-2019, ``Safety
Standard for Refrigeration Systems.'' EPA understands that UL 60335-2-
40 covers chillers used for comfort cooling.
In the initial rule establishing the SNAP program (59 FR 13044;
March 18, 1994), EPA included within the refrigeration and AC sector
the end-use ``commercial comfort air conditioning'' and then elaborated
on that end-use by saying that ``CFCs are used in several different
types of mechanical commercial comfort AC systems, known as chillers.''
EPA indicated ``that over time, existing cooling capacity [from
chillers] will be either retrofitted or replaced by systems using non-
CFC refrigerants in a vapor compression cycle or by alternative
technologies.'' EPA also explained in that rule that vapor compression
chillers can be categorized by the type of compressor used, including
centrifugal, rotary, screw, scroll and reciprocating compressors. These
compressor types are also divided into centrifugal and positive
displacement chillers, the latter of which includes those with
reciprocating, screw, scroll or rotary compressors.
Centrifugal chillers are equipment that utilize a centrifugal
compressor in a vapor-compression refrigeration cycle. Centrifugal
chillers are typically used for commercial comfort AC, although other
uses, that we are not addressing here, do exist. Centrifugal chillers
can be found in office buildings, hotels, arenas, convention halls,
airport terminals and other buildings. Centrifugal chillers tend to be
used in larger buildings.
Positive displacement chillers are those that utilize positive
displacement compressors such as reciprocating, screw, scroll or rotary
types. Positive displacement chillers are applied in similar situations
as centrifugal chillers, again primarily for commercial comfort AC,
except that positive displacement chillers tend to be used for smaller
capacity needs such as in mid- and low-rise buildings.
A chiller is a type of equipment using refrigerant that typically
cools water or a brine solution, which is then pumped to fan coil units
or other air handlers to cool the air that is supplied to the occupied
spaces transferring the heat to the water. The heat absorbed by the
water can then be used for heating purposes, and/or can be transferred
directly to the air (``air-cooled''), to a cooling tower or body of
water (``water-cooled''), or through evaporative coolers
(``evaporative-cooled''). A chiller or a group of chillers could
similarly be used for district cooling where the chiller plant cools
water or another fluid that is then pumped to multiple locations being
served such as several different buildings within the same complex.
Chillers may also be used to maintain operating temperatures in various
types of buildings, for example, in data centers, server farms, and
agricultural/food operations. Chillers are used in other applications,
for example, to cool process streams in industrial applications.
Chillers are also used for comfort cooling of operators or climate
control and protecting process equipment in industrial buildings, for
example, in industrial processes when ambient temperatures could
approach 200 [deg]F (93 [deg]C) and corrosive conditions could exist.
The listing finalized today applies to all types of chillers in comfort
cooling applications.

2. What are the ASHRAE classifications for refrigerant flammability?

The ANSI/ASHRAE Standard 34-2019 assigns a safety group
classification for each refrigerant which consists of two to three
alphanumeric characters (e.g., A2L or B1). The initial capital letter
indicates the toxicity, and the numeral denotes the flammability.
ASHRAE classifies Class A refrigerants as refrigerants for which
toxicity has not been identified at concentrations less than or equal
to 400 parts per million (ppm) by volume, based on data used to
determine threshold limit value-time-weighted average (TLV-TWA) or
consistent indices. Class B signifies refrigerants for which there is
evidence of toxicity at concentrations below 400 ppm by volume, based
on data used to determine TLV-TWA or consistent indices.
The refrigerants are also assigned a flammability classification of
1, 2, 2L, or 3. Tests for flammability are conducted in accordance with
American Society for Testing and Materials (ASTM) E681 using a spark
ignition source at 140 [deg]F (60 [deg]C) and 14.7 psia (101.3 kPa).\5\
The flammability classification ``1'' is given to refrigerants that,
when tested, show no flame propagation. The flammability classification
``2'' is given to refrigerants that, when tested, exhibit flame
propagation, have a heat of combustion less than 19,000 kJ/kg (8,169
Btu/lb), and have a lower flammability limit (LFL) greater than 0.10
kg/m\3\. The flammability classification ``2L'' is given to
refrigerants that, when tested, exhibit flame propagation, have a heat
of combustion less than 19,000 kJ/kg (8,169 BTU/lb), have an LFL
greater than 0.10 kg/m\3\, and have a maximum burning velocity of 10
cm/s or lower when tested in dry air at 73.4 [deg]F (23.0 [deg]C) and
14.7 psi (101.3 kPa). The flammability classification ``3'' is given to
refrigerants that, when tested, exhibit flame propagation and that
either have a heat of combustion of 19,000 kJ/kg (8,169 BTU/lb) or
greater or have an LFL of 0.10 kg/m\3\ or lower.
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\5\ ASHRAE, 2019a. ANSI/ASHRAE Standard 34-2019: Designation and
Safety Classification of Refrigerants.
---------------------------------------------------------------------------

For flammability classifications, refrigerant blends are designated
based on the worst case of formulation for flammability and the worst
case of fractionation for flammability determined for the blend.

[[Page 26387]]

[GRAPHIC] [TIFF OMITTED] TR28AP23.000

Using these safety group classifications, ANSI/ASHRAE Standard 34-
2019 categorizes HFO-1234yf, HFC-32 and the four refrigerant blends in
this section of this final rule in the A2L Safety Group.
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C and
how do they compare to other refrigerants in the same end-use?
HFO-1234yf and HFC-32 are lower flammability refrigerants, and the
four refrigerant blends are lower flammability refrigerant blends, all
with an ASHRAE safety classification of A2L. The respective Chemical
Abstracts Service Registry Identification Numbers (CAS Reg. Nos.) of
HFO-1234yf, HFC-32 and the components of the four refrigerant blends
are listed below.
HFO-1234yf, also known by the trade names ``Solstice[supreg] yf''
and ``OpteonTM YF,'' is also known as 2,3,3,3-
tetrafluoroprop-1-ene (CAS Reg. No. 754-12-1). HFC-32 is also known as
R-32 or difluoromethane (CAS Reg. No. 75-10-5). R-452B, also known by
the trade names ``OpteonTM XL 55'' and ``Solstice[supreg]
L41y,'' is a blend consisting of 67 percent by weight HFC-32; seven
percent HFC-125, also known as 1,1,1,2,2-pentafluoroethane (CAS Reg.
No. 354-33-6); and 26 percent HFO-1234yf. R-454A, also known by the
trade name ``OpteonTM XL 40,'' is a blend consisting of 35
percent HFC-32 and 65 percent HFO-1234yf. R-454B, also known by the
trade names ``OpteonTM XL 41'' and ``Puron
AdvanceTM,'' is a blend consisting of 68.9 percent HFC-32
and 31.1 percent HFO-1234yf. R-454C, also known by the trade name
``OpteonTM XL 20,'' is a blend consisting of 21.5 percent
HFC-32 and 78.5 percent HFO-1234yf.
Redacted submissions and supporting documentation for HFO-1234yf,
HFC-32, and the four refrigerant blends are provided in the docket for
this final rule (EPA-HQ-OAR-2021-0836) at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
EPA performed an assessment to examine the health and environmental
risks of each of these substitutes. These assessments are available in
the docket for this final rule.6 7 8 9 10 11 12
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\6\ ICF, 2022a. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
32.
\7\ ICF, 2022b. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute:
HFO-123yf.
\8\ ICF, 2022c. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
452B.
\9\ ICF, 2022d. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
454A.
\10\ ICF, 2022e. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
454B.
\11\ ICF, 2022f. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
454C.
\12\ EPA notes that UL 60335-2-40 uses the Worst Case
Formulation of Flammability (WCF) LFL, but that ASHRAE 34-2019 uses
the Worst Case Fractionation of Flammability (WCFF) LFL for all of
the blends except R-452B, in which case ASHRAE 34 references the WCF
LFL. To be conservative, the Agency uses the WCFF LFL values for our
flammability risk analysis. ASHRAE 34 plans to update their WCFF LFL
values to WCF LFL values in future editions of the standard as a way
to standardize LFLs going forward, after which the Agency may also
consider switching to using WCF LFL values in the risk screens.
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Environmental information: HFO-1234yf, HFC-32, and the four
refrigerant blends have ODPs of zero.
HFO-1234yf has a 100-year integrated GWP of less than
four.13 14 15 HFC-32 has a GWP of 675. The four refrigerant
blends are made up of the components HFC-32, HFC-125, and HFO-1234yf,
which have GWPs of 675, 3,500, and less than four, respectively.\16\ If
these values are weighted by mass percentage, then R-452B, R-454A, R-
454B, and R-454C have GWPs of about 700, 240, 470, and 150,
respectively.
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\13\ The GWP in World Meteorological Organization (2018) is
listed as less than 1. Burkholder et al. Appendix A, Table A-1 in
Scientific Assessment of Ozone Depletion: 2018, Global Ozone
Research and Monitoring Project, Report No. 58, World Meteorological
Organization, Geneva, Switzerland, <a href="http://ozone.unep.org/science/assessment/sap">http://ozone.unep.org/science/assessment/sap</a>. (WMO, 2018)
\14\ Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S., Sulbaek
Andersen, M.P., Hurley, M.D., Wallington, T.J., Singh, R. 2007.
Atmospheric chemistry of CF3CF=CH2: Kinetics and mechanisms of gas-
phase reactions with Cl atoms, OH radicals, and O3. Chemical Physics
Letters 439, 18-22. Available online at <a href="http://www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf">http://www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf</a>.
\15\ Hodnebrog [Oslash];. et al., 2013. Hodnebrog [Oslash];.,
Etminan, M., Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen,
C.J., Shine, K.P., Wallington, T.J.: Global Warming Potentials and
Radiative Efficiencies of Halocarbons and Related Compounds: A
Comprehensive Review, Reviews of Geophysics, 51, 300-378,
doi:10.1002/rog.20013, 2013
\16\ Unless otherwise specified, GWP values are 100-year values
from Intergovernmental Panel on Climate Change (IPCC) (2007) Climate
Change 2007: The Physical Science Basis. Contribution of Working
Group I to the Fourth Assessment Report of the Intergovernmental
Panel on Climate Change. S. Solomon, D. Qin, M. Manning, Z. Chen, M.
Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.). Cambridge
University Press. Cambridge, United Kingdom 996 pp.
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HFC-32, HFO-1234yf, and the other component of one of the four
refrigerant blends, HFC-125, are excluded from EPA's regulatory
definition of volatile organic compounds (VOC) (see 40 CFR 51.100(s))
for the purpose of addressing the development of State Implementation
Plans (SIPs) to attain and maintain the National Ambient Air Quality
Standards (NAAQS). The regulatory definition provides that ``any
compound of carbon'' which ``participates in atmospheric

[[Page 26388]]

photochemical reactions'' is considered a VOC unless expressly excluded
based on a determination of ``negligible photochemical reactivity.''
Under section 608(c)(2) of the CAA and EPA's regulations at 40 CFR
82.154(a)(1), it is unlawful for any person, in the course of
maintaining, servicing, repairing, or disposing of an appliance or
industrial process refrigeration, to knowingly vent or otherwise
knowingly release or dispose of any substitute substance for a class I
or class II substance used as a refrigerant in such appliance (or
industrial process refrigeration) in a manner which permits such
substance to enter the environment.
Flammability information: HFO-1234yf, HFC-32 and the four
refrigerant blends are all classified as 2L under ASHRAE Standards
reflecting that these compounds are flammable but have lower burning
velocity than compounds listed as 2 or 3 under the ASHRAE standard.
Toxicity and exposure data: HFO-1234yf, HFC-32 and the four
refrigerant blends have an ASHRAE toxicity classification of A.
Potential health effects of exposure to these substitutes include
drowsiness or dizziness. The substitutes may also irritate the skin or
eyes or cause frostbite. At sufficiently high concentrations, the
substitutes may cause irregular heartbeat. The substitutes could cause
asphyxiation if air is displaced by vapors in a confined space. These
potential health effects are common to many refrigerants.
The American Industrial Hygiene Association (AIHA) has established
Workplace Environmental Exposure Limits (WEELs) of 1,000 ppm as an
eight-hour time-weighted average (8-hr TWA) for HFC-32 and the
component refrigerant HFC-125; the AIHA has established a WEEL of 500
ppm as an 8-hr TWA for HFO-1234yf. The manufacturer of R-452B, R-454A,
R-454B, and R-454C recommends Acceptable Exposure Limits (AELs) for the
workplace, respectively, of 874, 690, 854, and 615 ppm on an 8-hr TWA
for these blends. EPA anticipates that users will be able to meet the
AIHA WEELs and manufacturers' AELs and address potential health risks
by following requirements and recommendations in the manufacturers'
safety data sheet (SDS), the final use conditions (including adherence
to ASHRAE Standard 15), and other safety precautions common to the
refrigeration and AC industry.17 18 19 20 21 22
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\17\ ICF, 2022a. Op. cit.
\18\ ICF, 2022b. Op. cit.
\19\ ICF, 2022c. Op. cit
\20\ ICF, 2022d. Op. cit.
\21\ ICF, 2022e. Op. cit.
\22\ ICF, 2022e. Op. cit.
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Comparison to other substitutes in this end-use: HFO-1234yf, HFC-
32, and the four refrigerant blends all have an ODP of zero, comparable
to or lower than some of the acceptable substitutes in these end-uses,
such as HFO-1234ze(E) with an ODP of zero. Although HCFC-123 and R-406A
(with components HCFC-22 and HCFC-142b) have been listed acceptable in
this end-use with ODPs of 0.02 and 0.057, respectively, HCFC-123
(unless used, recovered, and recycled) may not be used as a refrigerant
in equipment manufactured on or after January 1, 2020, under 40 CFR
82.15(g)(5)(i).\23\ Similarly, components of R-406A (HCFC-22 and HCFC-
142b) (unless used, recovered, and recycled) may not be used as a
refrigerant for use in chillers manufactured on or after January 1,
2010, under 40 CFR 82.15(g)(2)(i).\24\ Under 40 CFR 82.16, EPA has not
issued any production and consumption allowances for HCFC-22 and HCFC-
142b since 2019.
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\23\ The regulations at 40 CFR 82.15(g)(5)(iii) provide a
limited exception to the prohibition on use in 82.15(g)(5)(i), for
use of HCFC-123 as a refrigerant in equipment manufactured on or
after January 1, 2020 but before January 1, 2021 if the conditions
of 40 CFR 82.15(g)(5)(iii) are met.
\24\ The regulations at 40 CFR 82.15(g)(2)(ii) provide limited
exceptions to the prohibitions in 82.15(g)(2)(i), including for
HCFC-22 ``for use as a refrigerant in appliances manufactured before
January 1, 2012, provided that the components are manufactured prior
to January 1, 2010, and are specified in a building permit or a
contract dated before January 1, 2010, for use on a particular
project.''
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HFC-32 and the four refrigerant blends' GWPs, ranging from about
150 to 700, are higher than those of some of the acceptable substitutes
for new centrifugal and positive displacement chillers, including HCFO-
1233zd(E), HFO-1336mzz(Z), and R-515B, with GWPs of 3.7, 9, and 287,
respectively. The GWPs of HFO-1234yf, R-454A, R-454B, and R-454C are
lower than some of the acceptable substitutes for new centrifugal and
positive displacement chillers, such as R-450A and R-513A, with GWPs of
approximately 600 and 630, respectively. HFC-32's and R-452B's GWPs of
675 and about 700 are higher than the GWPs of those refrigerants. The
GWPs of HFC-32 and R-452B are, however, lower than those of all the
refrigerants that EPA listed as unacceptable for chillers as of January
1, 2024, in the final rule issued December 1, 2016, which had GWPs of
1,000 or higher. Further, HFC-32 and HFC-452B can be used in chillers
that are designed to be used with refrigerants having higher pressure
and higher volumetric capacity, unlike most of the other refrigerants
listed acceptable in chillers (e.g., HCFO-1233zd(E), R-450A, and R-
513A). Volumetric capacity is important to achieve the cooling capacity
needed without increasing equipment sizes, which could lead to weights
exceeding code requirements, for instance, when a chiller on top of an
existing building is replaced with a new one. Given the wide range of
applications, not all refrigerants listed as acceptable under SNAP will
be suitable for all equipment in the end-use. To provide additional
options to ensure the availability of substitutes for the full range of
chiller equipment for comfort cooling, EPA is finalizing the listings
for HFC-32 and R-452B for all types of positive displacement chillers,
as well as for centrifugal chillers and chillers for IPAC.
HFC-32's and the four refrigerant blends' GWPs, ranging from about
150 to 700, are higher than or comparable to those of some of the
acceptable substitutes for new IPAC, including carbon dioxide
(CO<INF>2</INF>), HFO-1336mzz(Z) and R-515B with GWPs of 1, 9 and 287
respectively. Their GWPs are lower than some of the acceptable
substitutes for new IPAC, such as HFC-134a, R-410A, and R-507A with
GWPs of 1,430, 2,090 and 3,990 respectively. HFO-1234yf's GWP less than
four is comparable to or lower than that of other acceptable
substitutes for new IPAC, such as CO<INF>2</INF>, HFO-1336mzz(Z) and R-
515B with GWPs of 1, 9 and 287, respectively.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see <a href="https://www.epa.gov/snap/substitutes-chillers">https://www.epa.gov/snap/substitutes-chillers</a>). Toxicity risks of use,
determined by the likelihood of exceeding the exposure limit, of HFO-
1234yf, HFC-32, and the four refrigerant blends in these end-uses are
evaluated in the risk screens referenced above. The toxicity risks of
using HFO-1234yf, HFC-32, and the four refrigerant blends in chillers
and IPAC are comparable to or lower than toxicity risks of other
available substitutes in the same end-uses. Toxicity risks of the
refrigerants can be minimized by use consistent with ASHRAE 15-2019--
which applies under the use conditions--and other industry standards,
recommendations in the manufacturers' SDS, and other safety precautions
common in the refrigeration and AC industry.
The flammability risks with HFO-1234yf, HFC-32, and the four
refrigerant blends in these end-uses, determined by the likelihood of
exceeding their respective lower flammability limits, are evaluated in
the risk screens referenced above. In conclusion, while these
refrigerants may pose greater

[[Page 26389]]

flammability risk than other available substitutes in the same end-
uses, this risk can be minimized by use consistent with ASHRAE 15-
2019--which applies for certain charge sizes under the use conditions--
and other industry standards such as UL 60335-2-40--which also applies
under the use conditions--as well as recommendations in the
manufacturers' SDS and other safety precautions common in the
refrigeration and AC industry. EPA is finalizing use conditions to
reduce the potential risk associated with the flammability of these
alternatives so that they will not pose significantly greater risk than
other acceptable substitutes in this end-use.
4. Why is EPA finalizing these specific use conditions?
The UL Standard 60335-2-40 discussed in section II.E indicates that
refrigerant charges greater than a specific amount (called
``m<INF>3</INF>'' in the UL Standard and based on the refrigerant's
LFL) are beyond its scope and that national standards apply, such as
ASHRAE 15-2019. Given that depending on the charge size of the
equipment, either UL 60335-2-40 or ASHRAE 15-2019 would apply, EPA is
including adherence to both standards as use conditions for chillers.
EPA is finalizing that chillers using HFO-1234yf, HFC-32, or one of
the four refrigerant blends must adhere to ASHRAE Standard 15-2019,
with all addenda published by the date of the NPRM for this rule,
including addenda a, b, c, d, e, f, i, j, k, m, n, o, q, and r. Where
the requirements specified in this final rule and ASHRAE Standard 15
are different, the requirements of this final rule would apply.
A summary of relevant aspects of ASHRAE 15-2019 is provided here
for information only. This is not meant to be a full explanation of the
Standard or how it is applied. ASHRAE 15-2019 specifies requirements
for refrigeration systems,\25\ including chillers, based on the safety
group classification of the refrigerant used, the type of occupancy in
the location for which the system is used, and whether refrigerant-
containing parts of the system enter the space or ductwork and so
leakage in the space is deemed ``probable.'' ``High-Probability''
installations are those such that leaks or failures will result in
refrigerant entering the occupied space. As explained above, HFO-
1234yf, HFC-32 and the four refrigerant blends are all classified as
A2L refrigerants. Occupancies are divided into six classifications:
institutional, public assembly, residential, commercial, large
mercantile, and industrial. Examples of these include jails, theaters,
apartment buildings, office buildings, shopping malls, and chemical
plants, respectively.
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\25\ We note that while the ASHRAE 15-2019 purpose indicates
``refrigeration systems,'' EPA believes this includes applications
that are typically called ``air conditioning.''
---------------------------------------------------------------------------

Sections 7.2 and 7.3 of ASHRAE Standard 15 determine the maximum
amount of refrigerant allowed in the system, while section 7.4 provides
an option to locate equipment outdoors or in a machinery room
constructed and maintained under conditions specified in the standard.
Section 7.6 of ASHRAE Standard 15 addresses the refrigerants in this
proposal when used for human comfort in ``high-probability'' systems,
including requirements for nameplates, labels, refrigerant detectors
(under certain conditions), airflow initiation and other actions (if a
rise in refrigerant concentration is detected), and other restrictions.
In the interest of providing these ODS alternatives to industry
quickly, as requested by commenters, and achieving reductions in other,
less safe alternatives sooner, the Agency is finalizing use conditions
that incorporate by reference the ASHRAE 15-2019 edition, as proposed,
rather than a more recent version. EPA recognizes that ASHRAE 15 was
recently updated and republished in late 2022. This final rule
incorporates by reference all addenda published by the date of the
NPRM, as proposed. EPA intends to review the 2022 version of ASHRAE
Standard 15 and consider proposing revisions to the use conditions to
incorporate by reference the 2022 version of that standard in a future
notice and comment rulemaking.
EPA is finalizing the use conditions to ensure safe use of these
ODS alternatives regarding their flammability, toxicity, exposure, and
environmental effects. As discussed below, commenters generally
supported the use conditions. The use conditions identified in this
section above are explained below, in section II.E.1, in greater
detail.
5. What additional information is EPA including in these final
listings?
EPA is providing additional information related to these final
listings. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. See section II.E.2 below
for further discussion on what additional information EPA is including
in these final listings. While the items listed are not legally binding
under the SNAP program, EPA encourages users of substitutes to apply
all statements in the ``Further Information'' column in their use of
these substitutes as best practices for safer use.
6. How is EPA responding to comments on chillers?
Comment: Carrier commented expressing their support of listing HFO-
1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C as acceptable in
chillers. Daikin described their support for listing HFC-32 and R-452B
as acceptable in positive displacement chillers. Daikin agreed with
``EPA's analysis of its application, and strongly supported the
Agency's proposal to approve R-32 under the SNAP program for the end
uses of new rotary and scroll comfort cooling and industrial process
air conditioning chillers.'' Daikin voiced strong support and
encouraged EPA to approve HFC-32 quickly.
Response: EPA thanks Carrier and Daikin for their support of these
listings in the chillers end-use. In this final rule, EPA is listing
HFO-1234yf, R-454A, R-454B, R-454C, HFC-32, and R-452B in all
centrifugal and positive displacement chillers for comfort cooling,
including both commercial AC and IPAC.
Comment: The Air-Conditioning, Heating, and Refrigeration Institute
(AHRI), Carrier, Multistack, and Chemours all commented that EPA should
not segment the chillers end-uses further by compressor type. Carrier
stated that such segmentation leads to unnecessary complexity, while
Multistack said it was likely to produce confusion regarding the
application of products. Chemours commented that segmentation by
compressor type may stifle innovation and create additional challenges
for equipment manufacturers and end users working to adopt lower-GWP
refrigerants. Chemours further stated that compressor type
differentiation should only occur when necessary, because of technology
limitations. Chemours also recommended that EPA remove references to
chillers for industrial process refrigeration (IPR) to avoid confusion,
as well as not distinguishing IPR equipment by compressor type.
Response: EPA acknowledges the concerns commenters expressed
regarding segmenting the current chillers end-uses by compressor types
for the proposed listings of HFC-32 and R-452B in scroll and rotary
chillers. After consideration of the comments received, in particular,
the concerns for innovation and unnecessary complexity

[[Page 26390]]

as summarized above, EPA agrees that such segmentation is not necessary
and could hinder the technical transition to lower-GWP refrigerants.
Moreover, EPA does not view segmentation in this instance as providing
any additional environmental benefit. Given EPA's understanding of the
comments and the SNAP program's historical precedent of grouping
together all positive displacement chillers despite their varying
compressor types, EPA is finalizing the listings for HFC-32 and R-452B
for all chillers rather than breaking out the listings by compressor
type for scroll and rotary chillers.
In response to Chemours's comment referencing IPR for chillers, EPA
acknowledges the complexities associated with breaking out IPR by
compressor type, similarly to chillers. EPA understands the standard UL
60335-2-40 to apply only to comfort cooling and not to process cooling
such as occurs in IPR. EPA may address additional substitutes for use
in IPR in future rulemakings. The reference to chillers used for IPR
remains in the preamble for this final rule to clarify that IPR is not
in the scope of listings in this rule.
Comment: Daikin commented on EPA's statement that ``EPA understands
that the UL standard [60335-2-40] applies to chillers used for comfort
cooling.'' Daikin went on to say ``that neither the scope statement nor
the body of this UL standard make any such restriction as to the
purpose of the heat pump, air-conditioner, or dehumidifier. Products
evaluated to this UL standard are not limited to applications for human
comfort and may also be applied to cool or heat various products or
processes.'' They suggested that if EPA has safety concerns for IPAC,
the Agency should include an ambient operating temperature limit of 140
[deg]F. Daikin addressed the suitability of HFC-32 in IPAC and IPR,
noting that ``EPA states in the preamble (87 FR 45514) that `HFC-32's .
. . GWP [is] higher than those of some of the acceptable substitutes
for new industrial process AC . . .', implying that HFC-32 is not
suitable for industrial process refrigeration. Regardless of whether
Daikin's SNAP information notice requested SNAP approval of HFC-32 in
the industrial process refrigeration application, HFC-32 is also
suitable for that application.''
Response: EPA acknowledges Daikin's concerns about the scope of UL
60335-2-40. Determining the coverage of UL standards to applications
not covered in this rule is outside the scope of this rulemaking.
However, for informational purposes in response to Daikin's comment,
the Agency is providing some additional information regarding UL 60335-
2-40. As described in NOTE 104 in UL 60335-2-40, ``This standard does
not apply to. . .
<bullet> appliances designed exclusively for industrial processing;
<bullet> appliances intended to be used in locations where special
conditions prevail, such as the presence of a corrosive or explosive
atmosphere (dust, vapour or gas).''
Based on EPA's review of standard UL 60335-2-40 and conversations
with UL, it is EPA's understanding that equipment for industrial
processing, included in the bullet points above, is not covered by this
standard, and instead is covered by UL 60335-2-89. Excluding equipment
designed solely for industrial processes limits the scope of UL 60335-
2-40 to chillers designed for commercial and industrial comfort
cooling. If a chiller in an industrial application is used mostly for
comfort cooling and also cools processes or industrial equipment, EPA
would consider it to fall under the SNAP end-use IPAC rather than IPR.
The listings for HFC-32, described in this section above, will apply to
these types of chillers on and after the effective date of this rule.
The discussion of ambient operating temperature for IPAC equipment
was included as part of the description of the end-use under SNAP,
providing an example of possible operating conditions. Any safety
concerns surrounding use of HFC-32 in this end-use are sufficiently
addressed by the use conditions that apply as described in section
II.E.1, below. EPA agrees with Daikin that HFC-32 is suitable for use
in IPAC, given that the Agency proposed to list HFC-32 as acceptable in
this end-use in SNAP NPRM 25 and is finalizing this listing in this
rulemaking.
Under SNAP, IPAC is considered comfort cooling equipment, as it
protects the operators in addition to process equipment. EPA's SNAP
program considers IPR equipment to be primarily for cooling of a
process or product, not primarily for comfort cooling. EPA has not
addressed or implied the suitability of HFC-32 for IPR in the NPRM or
in this final rule. Any comments on the suitability of HFC-32 in IPR
are outside the scope of the rulemaking. EPA is finalizing the listings
for HFC-32 in chillers used in comfort cooling for commercial and
industrial uses as described in this section of the preamble above.
Comment: AHRI and Chemours noted that some of EPA's risk screens
use the Worst Case of Fractionation for Flammability (WCFF) LFL values
for the refrigerant blends rather than the Worst Case of Formulation
for Flammability (WCF) when determining the lower flammability limit
and requested that EPA uses the WCF LFL values for purposes of
refrigerant risk analysis. Both commenters noted that UL 60335-2-40
uses the WCF LFL, but that ASHRAE 34-2019 uses the WCFF LFL for all of
the blends, except R-452B, in which case both ASHRAE 34 and EPA
reference the WCF LFL. The commenters stated that ASHRAE 34 plans to
update their WCFF LFL values to WCF LFL values in future editions of
the standard as a way to standardize LFLs going forward.
Response: EPA thanks the commenters for this information regarding
WCFF and WCF LFL values. The Agency has added a footnote to this
preamble acknowledging that this transition from using WCFF values to
WCF values is taking place. EPA will consider updating risk screens for
R-454A, R-454B, and R-454C in future rulemakings with more recent
versions of the ASHRAE standards, using the WCF LFL values. Given the
more conservative nature of WCFF LFL values over WCF LFL values, such
an update to the risk screens' flammability analysis would result in a
less conversative model. The determination of whether the LFL would be
exceeded in a catastrophic refrigerant release scenario may change if
using the WCF LFL values, possibly showing no flammability risk where
there may have been flammability risk previously.
Comment: Several citizens commented, acknowledging the safety of
using A2L refrigerants in terms of their flammability and risk to the
environment, especially relative to other alternatives available. These
commenters stated that EPA should proceed with listing these
refrigerants as acceptable.
Response: EPA thanks the commenters for their support of listing
the A2L refrigerants--HFO-1234yf and the refrigerants blends--as
acceptable. EPA agrees that these refrigerants pose lower overall risk
to human health and the environment, and thus we conclude it is
appropriate to move forward with finalizing the listings for these
refrigerants as described in the preamble above.

B. Residential Dehumidifiers--Listing of HFO-1234yf, HFC-32, R-452B, R-
454A, R-454B, and R-454C as Acceptable, Subject to Use Conditions, for
Use in New Residential Dehumidifiers

EPA previously listed HFO-1234yf as acceptable, subject to use
conditions in

[[Page 26391]]

motor vehicle AC in light-duty vehicles (74 FR 53445; October 19,
2009), in heavy-duty pickup trucks and complete heavy-duty vans (81 FR
86778; December 1, 2016) and in nonroad vehicles and service fittings
for small refrigerant cans (87 FR 26276; May 4, 2022). EPA previously
listed HFC-32 as acceptable, subject to use conditions, as a substitute
in residential and light commercial AC and HPs (80 FR 19454; April 10,
2015 and 86 FR 24444, May 6, 2021) and previously listed R-452B, R-
454A, R-454B, and R-454C (hereafter called ``the four refrigerant
blends'') as acceptable, subject to use conditions, as substitutes in
residential and light commercial AC and HPs (86 FR 24444; May 6, 2021).
This final rulemaking finds HFC-32, HFO-1234yf, and the four
refrigerant blends acceptable, subject to use conditions, as
substitutes in residential dehumidifiers. After consideration and
evaluation of the comments received by the Agency in response to the
NPRM, EPA is finalizing the listings for HFC-32, HFO-1234yf, R-452B, R-
454A, R-454B, and R-454C in residential dehumidifiers as proposed.
Several use conditions finalized for residential dehumidifiers are
common to those for other end-uses in section II.A, above, and II.D,
below. Because of this similarity, EPA discusses the use conditions
that would apply to all three end-uses in section II.E. For residential
dehumidifiers, those are the only use conditions EPA is finalizing and
require the following:
(1) New equipment only--These refrigerants may be used only in new
equipment designed specifically and clearly identified for the
refrigerant, i.e., none of these substitutes may be used as a
conversion or ``retrofit'' refrigerant for existing equipment.
(2) UL Standard--These refrigerants may be used only in residential
dehumidifiers that meet all requirements listed in the 3rd edition,
dated November 1, 2019, of UL Standard 60335-2-40, ``Household and
Similar Electrical Appliances--Safety--Part 2-40: Particular
Requirements for Electrical Heat Pumps, Air Conditioners and
Dehumidifiers'' (UL Standard). In cases where this final rule includes
requirements different from those of the 3rd edition of UL Standard
60335-2-40, the appliance must meet the requirements of the final rule
in place of the requirements in UL 60335-2-40, 3rd Edition. See section
II.E below for further discussion on the requirements of this standard
that EPA is incorporating by reference.
(3) Warning labels--Several warning labels are required as use
conditions as detailed in section II.E below. These labels are similar
or verbatim in language to those required by the UL Standard. The
warning labels must be provided in letters no less than 6.4 mm (\1/4\
inch) high and must be permanent.
(4) Markings--Equipment must have distinguishing red (PMS #185 or
RAL 3020) color-coded hoses and piping to indicate use of a flammable
refrigerant. The residential dehumidifier shall have marked service
ports, pipes, hoses and other devices through which the refrigerant is
serviced. Markings shall extend at least 1 inch (25mm) from the
servicing port and shall be replaced if removed.
EPA notes that there may be other requirements pertaining to the
manufacture, use, handling, and disposal of the refrigerants that are
not included in the information listed in the tables (e.g., the CAA
section 608(c)(2) venting prohibition or Department of Transportation
requirements for transport of flammable gases). Flammable refrigerants
being recovered or otherwise disposed of from residential dehumidifiers
are likely to be hazardous waste under RCRA (see 40 CFR parts 260-270).
1. Background on Residential Dehumidifiers
Residential dehumidifiers are primarily used to remove water vapor
from ambient air or directly from indoor air for comfort or material
preservation purposes in the context of the home.\26\ While AC systems
often combine cooling and dehumidification, this end-use only serves
the latter purpose and is often used in homes for comfort purposes.
This equipment is self-contained and circulates air from a room, passes
it through a cooling coil, and collects condensed water for disposal.
Residential dehumidifiers fall under the scope of the UL 60335-2-40
standard ``Household and Similar Electrical Appliances--Safety--Part 2-
40: Requirements for Electrical Heat Pumps, Air Conditioners and
Dehumidifiers.''
---------------------------------------------------------------------------

\26\ SNAP regulations (see 40 CFR 82.172) define residential use
as use by a private individual of a chemical substance or any
product containing the chemical substance in or around a permanent
or temporary household, during recreation, or for any personal use
or enjoyment. Use within a household for commercial or medical
applications is not included in this definition, nor is use in
automobiles, watercraft, or aircraft.
---------------------------------------------------------------------------

Some dehumidifiers for residential or light commercial use are
integrated with the space air conditioning equipment, for instance via
a separate bypass in the duct through which air is dehumidified, a
dehumidifying heat pipe across the indoor coil, or other types of
energy recovery devices that move sensible and/or latent heat between
air streams (e.g., between incoming air and air vented to the outside).
EPA classifies this application as a component of a residential or
light commercial AC system or HP. As such, EPA has already listed HFC-
32 as acceptable for such uses, subject to the use conditions specified
in SNAP Rule 23 (86 FR 24444; May 6, 2021).
This final rulemaking finds HFO-1234yf, HFC-32, and the four
refrigerant blends acceptable, subject to use conditions, in self-
contained residential dehumidifiers. Note that dehumidifiers for
residential or light commercial use that are integrated with AC
equipment (i.e., not self-contained) are not addressed in this listing
because EPA classifies that type of equipment as residential or light
commercial AC and HPs.
2. What are the ASHRAE classifications for refrigerant flammability?
HFO-1234yf and HFC-32 are lower flammability refrigerants, and the
four refrigerant blends are lower flammability refrigerant blends, all
with an ASHRAE safety classification of A2L. See section II.A.2 above
for further discussion on ASHRAE classifications.
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C and
how do they compare to other refrigerants in the same end-use?
See section II.A.3 above for further discussion on the
environmental, flammability, toxicity, and exposure information for
these refrigerants.

[[Page 26392]]

Redacted submissions and supporting documentation for HFO-1234yf,
HFC-32 and the four refrigerant blends are provided in the docket for
this proposed rule (EPA-HQ-OAR-2021-0836) at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed an assessment to examine the health
and environmental risks of each of these substitutes. These assessments
are available in the docket for this final
rule.27 28 29 30 31 32
---------------------------------------------------------------------------

\27\ ICF, 2022g. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: HFC-32.
\28\ ICF, 2022h. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-452B.
\29\ ICF, 2022i Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-454A.
\30\ ICF, 2022j. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-454B.
\31\ ICF, 2022k. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-454C.
\32\ ICF, 2022l. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: HFO-1234yf.
---------------------------------------------------------------------------

Comparison to other substitutes in this end-use: HFO-1234yf, HFC-
32, and the four refrigerant blends all have an ODP of zero, comparable
to or lower than some of the acceptable substitutes in new residential
dehumidifiers, such as HFC-134a, R-410A, and R-513A, with ODPs of zero.
HCFC-22 and R-406A (a blend of HCFC-22 and HCFC-142b) have ODPs of
0.055 and 0.057, respectively, and are listed as acceptable in new
residential dehumidifiers. However, HCFC-22 and HCFC-142b are
controlled substances under Title VI of the CAA and (unless used,
recovered, and recycled) may not be used as a refrigerant in equipment
manufactured on or after January 1, 2010, under 40 CFR
82.15(g)(2)(i).\33\ Under 40 CFR 82.16, EPA has not issued any
production and consumption allowances for HCFC-22 and HCFC-142b (which
is a component of R-406A, along with HCFC-22) since 2019.
---------------------------------------------------------------------------

\33\ The regulations at 40 CFR 82.15(g)(2)(ii) provide limited
exceptions to the prohibitions in 82.15(g)(2)(i), including for
HCFC-22 ``for use as a refrigerant in appliances manufactured before
January 1, 2012, provided that the components are manufactured prior
to January 1, 2010, and are specified in a building permit or a
contract dated before January 1, 2010, for use on a particular
project.''
---------------------------------------------------------------------------

HFO-1234yf, R-454A, R-454B, and R-454C have GWPs ranging up to
about 470, lower than all the acceptable substitutes for new
residential dehumidifiers, including R-513A and R-410A with GWPs of 630
and 2,090, respectively. HFC-32 and R-452B have GWPs of 675 and 700,
respectively, which are lower than some of the other acceptable
substitutes for new residential dehumidifiers, such as HFC-134a, R-
410A, and R-507A with GWPs of 1,430, 2,090 and 3,990 respectively, but
higher than R-513A, with a GWP of about 630.
Information regarding the toxicity of other available alternatives
is provided in the previous listing decisions for new residential
dehumidifiers (<a href="https://www.epa.gov/snap/substitutes-residential-dehumidifiers">https://www.epa.gov/snap/substitutes-residential-dehumidifiers</a>). Toxicity risks of use, determined by the likelihood of
exceeding the exposure limit, of HFO-1234yf, HFC-32, and the four
refrigerant blends in these end-uses are evaluated in the risk screens
referenced above. The toxicity risks of using HFO-1234yf, HFC-32, and
the four refrigerant blends in new residential dehumidifiers are
comparable to or lower than toxicity risks of other available
substitutes in the same end-use. Toxicity risks of the refrigerants can
be mitigated by use consistent with ASHRAE 15 and other industry
standards, recommendations in the manufacturers' SDS, and other safety
precautions common in the refrigeration and AC industry.
The flammability risk with HFO-1234yf, HFC-32, and the four
refrigerant blends in the new residential dehumidifiers end-use,
determined by the likelihood of exceeding their respective lower
flammability limits, are evaluated in the risk screens referenced in
this section above. While these refrigerants may pose greater
flammability risk than other available substitutes in the new
residential dehumidifiers end-use, this risk can be mitigated by use
consistent with ASHRAE 15 and UL 60335-2-40--which are applicable under
the use conditions--as well as recommendations in the manufacturers'
SDS and other safety precautions common in the refrigeration and AC
industry. EPA is finalizing use conditions to reduce the potential risk
associated with the flammability of these alternatives so that they
will not pose significantly greater risk than other acceptable
substitutes in the new residential dehumidifiers end-use.
4. Why is EPA finalizing these specific use conditions?
EPA is finalizing listing HFO-1234yf, HFC-32 and the four
refrigerant blends as acceptable, subject to use conditions, for use in
residential dehumidifiers for new equipment. EPA is finalizing the use
conditions to ensure safe use of these ODS alternatives regarding their
flammability, toxicity, exposure, and environmental effects. As
discussed below, commenters generally supported the use conditions. The
use conditions identified in this section above are explained below in
section II.E.1 in greater detail.
5. What additional information is EPA including in these final
listings?
EPA is providing additional information related to these final
listings. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. See section II.E.2 below
for further discussion on what additional information EPA is including
in these final listings. While the items listed are not legally binding
under the SNAP program, EPA encourages users of substitutes to apply
all statements in the ``Further Information'' column in their use of
these substitutes as best practices for safer use.
6. How is EPA responding to comments on residential dehumidifiers?
Comment: Several commenters (AprilAire, the Association of Home
Appliance Manufacturers (AHAM), Competition Advocates, GE Appliances/
Hair, and Madison Indoor Air Quality (MIAQ)) voiced general support for
the proposed listing of HFC-32 as acceptable, subject to use
conditions, in residential dehumidifiers. AHAM noted the industry is
``already in the process of transitioning to lower GWP refrigerants for
these products and prefers a national regulatory framework under which
it can operate with a clear path to compliances.'' Competition
Advocates commented on their SNAP application for HFC-32 in residential
dehumidifiers and noted the importance of transitioning to lower-GWP
alternatives. ``SNAP approval of R-32 use in residential dehumidifiers
will allow the direct and indirect climate benefits of this lower GWP
and more energy efficient refrigerant to be realized as consumers
purchase and use these products.'' GE Appliances commented that they
filed a SNAP application for the use of HFC-32 in residential
dehumidifiers and noted support for SNAP Rule 25, urging EPA to move
quickly in finalizing. MIAQ additionally expressed their support for
listing R-454B as acceptable in the end-use.
Response: EPA acknowledges these commenters' general support for
the proposed listings for HFC-32 and R-454B in residential
dehumidifiers, and appreciates the additional information provided by
AHAM and Competition Advocates on the transition to lower-GWP
refrigerants. EPA agrees with these comments and is aware that industry
has already started this transition. After

[[Page 26393]]

considering all the public comments on this proposal, we are finalizing
these listings as described in this section, II.B.
Comment: AHRI, Carrier, Chemours, Desert-Aire, and MIAQ suggested
that ``EPA may wish to incorporate residential and non-residential
dehumidifiers into the currently used SNAP category of Residential and
Light Commercial Air Conditioning and Heat Pumps,'' as all these
products are developed together through UL 60335-2-40 (AHRI). MIAQ also
recommended EPA ``revise and clarify the classification of different
types of dehumidifiers to align with the definitions in the U.S.
Department of Energy (DOE) test procedure at 10 Code of Federal
Regulations (CFR) 430, Subpart B, Appendix X1 or in 10 CFR 430.2 and
that the CFR definitions take precedence and may be modified by DOE.''
Response: EPA thanks the commenters for their suggestions on how to
classify dehumidification equipment. EPA is finalizing the listings for
residential dehumidifiers as proposed. For a discussion on how EPA has
decided to categorize dehumidification equipment, see the Agency's
response to comment included in section II.C.2, below.

C. Non-Residential Dehumidifiers--Decision Not To Finalize the Proposed
Listing of HFC-32 as Acceptable, Subject to Use Conditions, for Use in
New Non-Residential Dehumidifiers

After review of comments, EPA agrees that a new non-residential
end-use is not necessary. Therefore, EPA is not finalizing the proposed
listing of HFC-32 as acceptable, subject to use conditions for use in a
new end-use for new non-residential dehumidifiers and instead is
clarifying that SNAP considers dehumidifiers for non-residential use to
fall under the residential and light commercial AC and HPs end-use.
HFC-32 has previously been listed as acceptable for use in this end-
use.
1. Why is EPA not finalizing the proposal to list HFC-32 as acceptable,
subject to use conditions, in new non-residential dehumidifiers?
After review of the comments received relating to the creation of
the non-residential end-use, EPA determined finalizing this section of
the proposal is unnecessary. Commenters stated that before the NPRM,
industry understood dehumidifiers in a commercial, or other non-
residential, context to be covered by the end-use residential and light
commercial AC and HPs. If EPA were to finalize this new end-use, it
would cause unnecessary confusion regarding which end-use certain
dehumidification equipment would be covered by under the SNAP program.
Given that dehumidifiers are covered by the same UL Standard as
equipment included in residential and light commercial AC and HPs, and
that charge sizes and room sizes are similar to light commercial AC
systems, EPA considers the risk profile of non-residential
dehumidifiers when using flammable refrigerants to be similar to that
of other equipment in that end-use.\34\ Thus, in light of these
comments and EPA's reflection on the current listings, standards, and
the lack of any additional environmental protection provided by a
separate listing for these dehumidifiers, EPA has determined that it is
not necessary to list non-residential dehumidifiers as a separate end-
use. Instead, with today's action, EPA is clarifying that SNAP
considers the equipment described in the non-residential dehumidifier
section of the NPRM to be part of the SNAP end-use residential and
light commercial AC and HPs, with alternatives listed acceptable
previously in that end-use applying to dehumidifiers used in non-
residential settings.
---------------------------------------------------------------------------

\34\ ICF, 2023a. Risk Screen on Substitutes in Residential and
Light Commercial Air Conditioning and Heat Pumps (New Equipment);
Substitute: HFC-32 (Difluoromethane).
---------------------------------------------------------------------------

2. How is EPA responding to comments on non-residential dehumidifiers?
Comment: Anden, a manufacturer of agricultural dehumidifiers,
commented in support of listing HFC-32 as acceptable in the non-
residential dehumidifiers end-use. In contrast, AHRI, Carrier,
Chemours, Desert-Aire, and MIAQ submitted comments disagreeing with the
proposed creation of a new non-residential dehumidifier end-use and the
proposed listing of HFC-32 as the only refrigerant acceptable for this
type of equipment.
Chemours commented requesting EPA not to finalize creation of the
new non-residential dehumidifiers end-use, given that industry has been
classifying this type of equipment under residential and light
commercial AC and HPs up until SNAP NPRM 25, and that the transition to
lower-GWP options for non-residential dehumidifiers relies heavily on
the availability of substitutes already listed acceptable in this end-
use. Chemours goes on to discuss how it would be a large burden on
stakeholders to resubmit SNAP applications for all the alternatives
listed in residential and light commercial AC and HPs, and disruption
of the current manufacturing of OEMs who had been operating under the
assumption that certain refrigerants were allowed for use in their non-
residential dehumidifier equipment that will no longer be acceptable if
this end-use creation is finalized. MIAQ also suggested classifying
non-residential dehumidifiers (or ``non-consumer dehumidifiers'') as
part of the residential and light commercial AC and HPs end-use.
AHRI and Desert-Aire commented suggesting EPA to include all
dehumidifiers (both for residential and non-residential applications)
into the existing residential and light commercial AC and HPs end-use,
given that these equipment types are all covered under the same UL
60335-2-40 standard.
As mentioned above in section II.B, AHRI, Carrier, Chemours,
Desert-Aire, and MIAQ suggested combining both the residential
dehumidifiers and non-residential dehumidifiers end-uses into one end-
use, ``dehumidifiers.'' MIAQ commented recommending that EPA adopt
DOE's definition of consumer product dehumidifiers, into the two
subcategories of ``whole home'' and ``portable.'' MIAQ also suggested
defining non-residential dehumidifiers as dehumidifiers that are not
consumer products. Carrier, Chemours, Desert-Aire, and MIAQ also
suggested that the five refrigerants being finalized in this rulemaking
for residential dehumidifiers--HFO-1234yf, R-452B, R-454A, R-454B, and
R-454C--should also be listed for non-residential dehumidifiers.
Desert-Aire cited similarities in the use-cases of the end-uses as
justification for including these refrigerants in both end-uses. MIAQ
further suggested allowing all previous refrigerants listed as
acceptable under residential dehumidifiers to be applied to all types
of dehumidifiers. Chemours and MIAQ cited certain equipment that cannot
clearly be placed into either residential and light commercial AC and
HPs or non-residential dehumidifiers based on the definitions proposed
by EPA, including dehumidifiers that are ducted into an HVAC system and
can be run entirely independently of any AC.
Response: EPA acknowledges the commenters' varied suggestions on
the best path forward regarding dehumidification equipment
classification. It is clear from EPA's review of the myriad comments
received that the non-residential dehumidifier end-use as proposed is
not necessary and that industry's understanding, previously to the
proposed rule, was that non-residential dehumidifiers were part of the
residential and light commercial AC and

[[Page 26394]]

HPs end-use. Moreover, if EPA had finalized this provision as proposed,
it may have resulted in a review of other listed refrigerants to ensure
that sufficient refrigerant options were available for this type of
equipment. EPA agrees that by including non-residential dehumidifying
equipment in an existing end-use, there will be sufficient refrigerant
options available for this type of equipment. Thus, EPA has decided not
to finalize the proposed creation of a new non-residential
dehumidifiers end-use. Instead, EPA concludes that all dehumidifiers
for use in non-residential settings are appropriately covered under the
existing residential and light commercial AC and HPs end-use. Based on
the action EPA is taking today, manufacturers of self-contained
dehumidifiers for use in non-residential settings will be able to use
HFC-32, as well as other substitutes that are listed as acceptable in
the residential and light commercial AC and HPs end-use.
EPA acknowledges the suggestion to combine all dehumidifiers,
including the current residential dehumidifiers end-use, with the
residential and light commercial AC and HPs end-use. These types of
equipment are covered by the same safety standards and also have
significant overlap in their risk profiles. EPA notes that the Agency
has in the past separated residential dehumidifiers from residential
AC, stating that ``While air conditioning systems often combine cooling
and dehumidification, this application [residential dehumidifiers]
serves only the latter purpose'' (March 18, 1994; 59 FR at 13071) and
``. . . we use the term `air conditioner' and `AC' to cover equipment
that cools air, heats air, or has the function to do both (typically
referred to as a `heat pump'). While such equipment might humidify or
dehumidify the air, the term does not include equipment whose purpose
is for latent cooling only (i.e., dehumidifiers), which are a separate
end-use under SNAP'' (June 12, 2020; 85 FR at 35880). EPA has not made
comparable statements to separate commercial or industrial comfort
cooling from commercial or industrial dehumidification, but neither has
the Agency said before that these are in the same end-use. EPA may
consider combining residential dehumidifiers with the residential and
light commercial AC and HPs end-use in a future rulemaking, to give the
public sufficient notice and opportunity to comment before potentially
making such a change to the existing end-uses.
Similarly, if EPA were to consider combining residential
dehumidifiers with non-residential dehumidifiers, creating a general
``dehumidifiers'' end-use, we would also take this action through
notice-and-comment rulemaking. Although these equipment types are also
similar, EPA believes that the ``light commercial'' aspect of the
residential and light commercial AC and HPs end-use better covers the
risk profile of non-residential dehumidifiers. These types of equipment
are all covered by the UL 60335-2-40 safety standard and have
significant overlap in their risk profiles because of similar room
sizes and charge sizes required for self-contained ACs and HPs and
dehumidifiers used in non-residential settings.
Concerning the suggestion that EPA's SNAP program use DOE's
definitions for dehumidifiers, EPA understands that consistency in
equipment definitions between agencies is useful for stakeholders.
However, EPA and DOE operate under separate authorities and in this
context, these authorities have separate goals. Currently, the DOE's
definitions of ``whole home'' versus ``portable'' dehumidifiers are
similar to the SNAP definitions. EPA describes ``whole home''
dehumidifiers as ducted equipment, covered by the residential and light
commercial AC and HPs end-use, while ``self-contained'' dehumidifiers,
roughly equivalent to DOE's ``portable'' dehumidifiers, are covered by
the residential dehumidifier end-use. DOE also defines equipment by
user, describing equipment as either ``consumer'' or ``non-consumer''
products, whereas EPA's definitions reference whether or not the
equipment is used in residential contexts. In this final rule, EPA is
describing dehumidification equipment independently of DOE. However,
EPA may consider taking action through a notice-and-comment rulemaking
at a future date to adopt new definitions.
While the suggestion to list the same six refrigerants proposed in
the residential dehumidifiers end-use in the non-residential
dehumidifiers end-use would provide more than HFC-32 as an option for
the equipment, by including non-residential dehumidifiers in the
residential and light commercial AC and HPs end-use, many more
refrigerant options, beyond the six discussed, will be available.

D. Residential and Light Commercial AC and Heat Pumps (HPs)--Revision
of Use Conditions Provided in the Previous Listing of HFC-32 as
Acceptable for Use in New Self-Contained Room ACs and HPs

EPA previously listed HFC-32 as acceptable, subject to use
conditions, in new self-contained room ACs and HPs in SNAP Rule 19 (80
FR 19461; April 10, 2015). In this action we are finalizing updates to
applicable use conditions for new self-contained room ACs and HPs using
HFC-32 to be consistent with the use conditions finalized in SNAP Rule
23 (86 FR 24444; May 6, 2021). EPA proposed replacing the previously
required use conditions in compliance with UL 484 Standard, 8th
Edition, with updated use conditions in compliance with UL 60335-2-40
Standard, 3rd Edition, effective 30 days after publication of the final
rule. However, after review of the comments received, EPA has decided
that manufacturers will be allowed to manufacture such equipment either
according to UL 484, 8th Edition or according to UL 60335-2-40, 3rd
Edition on or after the effective date of this final rule up to and
including January 1st, 2024. Beginning January 2nd, 2024, UL will
sunset UL 484 and only warning labels in compliance with UL 60335-2-40
will be permitted. Equipment manufactured before the effective date of
this final action in compliance with the SNAP requirements applicable
at the time of manufacture will remain in compliance.
1. Background on Self-Contained Room ACs and HPs
The residential and light commercial AC and HPs end-use includes
equipment for cooling air in individual rooms, in single-family homes,
and sometimes in small commercial buildings. This end-use differs from
commercial comfort AC, which uses chillers that cool water that is then
used to cool air throughout a large commercial building, such as an
office building or hotel. Examples of equipment for residential and
light commercial AC and HPs include:
<bullet> Central ACs, also called unitary AC or unitary split
systems. These systems include an outdoor unit with a condenser and a
compressor, refrigerant lines, an indoor unit with an evaporator, and
ducts to carry cooled air throughout a building. Central heat pumps are
similar but offer the choice to either heat or cool the indoor space.
These systems are not addressed in this rule.\35\
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\35\ EPA has received submissions for HFC-32 and the hydrocarbon
blends R-441A and R-443A, and no other flammable refrigerants, in
new unitary central air conditioners. This action does not address
flammable refrigerants in unitary central air conditioners.
Introduction into interstate commerce of refrigerants without giving
timely and adequate notice to EPA is in violation of Section 612(e)
of the CAA and the SNAP regulations at 40 CFR part 82, subpart G.
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<bullet> Multi-split ACs. These systems include one or more outdoor
unit(s) with a condenser and a compressor and

[[Page 26395]]

multiple indoor units, each of which is connected to the outdoor unit
by refrigerant lines. These systems are not addressed in this rule.
<bullet> Mini-split ACs. These systems include an outdoor unit with
a condenser and a compressor and a single indoor unit that is connected
to the outdoor unit by refrigerant lines. Cooled air exits directly
from the indoor unit rather than being carried through ducts. These
systems are not addressed in this rule.
<bullet> Window ACs. These are self-contained units that fit in a
window with the condenser extending outside the window. These types of
units are regulated under this rule.
<bullet> Packaged terminal ACs (PTACs) and packaged terminal HPs
(PTHPs). These are self-contained units that consist of a separate, un-
encased combination of heating and cooling assemblies mounted through a
wall.\36\ These types of units are regulated under this rule.
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\36\ PTACs are intended for use in a single room, or potentially
for two rooms next to each other, and use no external refrigerant
lines. Typical applications include motel or dormitory air
conditioners.
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<bullet> Portable room ACs. These are self-contained, factory-
sealed, single package units that are designed to be moved easily from
room to room and are intended to provide supplemental cooling within a
room. These units typically have wheels or casters for portability and,
under the UL 484 Standard for room ACs, must have a fan which operates
continuously when the unit is on. Portable room ACs may contain an
exhaust hose that can be placed through a window or door to eject heat
to the outside. These types of units are regulated under this rule.
Of these types of equipment, window ACs, PTACs, PTHPs, and portable
room ACs are self-contained equipment with the condenser, compressor,
evaporator, and tubing all within casing in a single unit. These are
the types of equipment for which EPA previously listed HFC-32 as
acceptable, subject to use conditions, as codified in appendix R to 40
CFR part 82, subpart G.
2. What are the ASHRAE classifications for refrigerant flammability?
See section II.A.2 above for further discussion on ASHRAE
classifications.
3. What is HFC-32 and how does it compare to other refrigerants in the
same end-use?
See section II.A.3 above for further discussion on the
environmental, flammability, toxicity, and exposure information for
HFC-32.
Redacted submissions and supporting documentation for HFC-32 is
provided in the docket for this proposed rule (EPA-HQ-OAR-2021-0836) at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed an assessment to examine the
health and environmental risks of HFC-32. This assessment is available
in the docket for this final rule.\37\
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\37\ ICF, 2022n. Risk Screen on Substitutes in Residential and
Light Commercial Air Conditioning and Heat Pumps (New Equipment);
Substitute: HFC-32 (Difluoromethane).
---------------------------------------------------------------------------

Comparison to other substitutes in this end-use: HFC-32 has an ODP
of zero, the same as other acceptable substitutes in this end-use, such
as R-290, HFC-134a, R-410A, and R-513A, with ODPs of zero.
HFC-32 has a GWP of 675, higher than some of the acceptable
substitutes for residential and light commercial air conditioning and
heat pumps, including ammonia absorption, R-290, and R-454B with GWPs
of zero, three, and about 470, respectively. HFC-32's GWP is lower than
some of the acceptable substitutes for residential and light commercial
air conditioning and heat pumps, such as R-452B, HFC-134a, and R-410A,
with GWPs of approximately 700, 1,430, and 2,090, respectively.
Information on the toxicity and flammability risk of HFC-32 in this
end-use category was provided in SNAP Rule 19. In summary, EPA found
the toxicity risks of HFC-32 to be comparable to or lower than other
acceptable alternatives. Although we noted that the flammability risk
of HFC-32 may be greater than that of other available, nonflammable
substitutes in the same end-use, we found that those risks are not
significant even under worst-case assumptions. These risks of HFC-32
are similar to the risks of other flammable refrigerants found
acceptable for this end-use category in SNAP Rule 23 (i.e., R-452B, R-
454A, R-454B, R-454C, and R-457A). We noted there that this risk can be
minimized by use consistent with industry standards such as UL 60335-2-
40--which would be required by our proposed revision to the use
conditions--and other industry standards, such as ASHRAE 15, as well as
recommendations in the manufacturers' SDS and other safety precautions
common in the refrigeration and air conditioning industry. The updates
to the use conditions proposed maintain the low potential risk
associated with the flammability of this alternative so that it will
not pose significantly greater risk than other acceptable substitutes
in this end-use category.
4. What use conditions previously applied to this refrigerant in this
end-use category?
EPA previously found HFC-32 acceptable, subject to use conditions,
in new residential and light commercial AC for self-contained room AC
units, including PTAC units, PTHPs, window AC and HP units, and
portable AC units, designed for use in a single room in SNAP Rule 19
(80 FR 19454; April 10, 2015). Those requirements are codified in
appendix R of 40 CFR part 82, subpart G. EPA provided information on
the environmental and health properties of HFC-32 and the various
substitutes available at that time for use in this end-use.
Additionally, EPA's risk screen for this refrigerant is available in
the docket for this previous rulemaking (EPA-HQ-OAR-2013-0748).
HFC-32 has an ASHRAE classification of A2L, indicating that it has
low toxicity and lower flammability. The flammability risks are of
potential concern because residential ACs and HPs traditionally used
refrigerants that are not flammable. In the presence of a higher energy
ignition source (e.g., lighted match or a cigarette lighter), an
explosion or a fire could occur if the concentration of HFC-32 were to
exceed the LFL of 144,000 ppm by volume. In the preamble for the
original listing for three flammable refrigerants, including HFC-32 and
two A3 refrigerants, in self-contained ACs and HPs in SNAP Rule 19, EPA
had described lower energy ignition sources (e.g., static electricity,
a spark resulting from a closing door, or a cigarette) as possible
ignition sources that were appropriate for the two A3 refrigerants, but
not for HFC-32. This same description of ignition sources was used in
the preamble of the July 2022 NPRM for this rule and it was not revised
from the original listing in SNAP Rule 19 to only apply to HFC-32.
After considering comments received on the proposal, in this preamble
to the final rule, EPA is clarifying that A2Ls such as HFC-32 require
greater energy input for ignition than previously described, and that a
higher energy source, such as a lighted match, would be necessary.
Previously, to address flammability, EPA listed HFC-32 as
acceptable in new self-contained room AC units, subject to use
conditions. The previous use conditions addressed safe use of this
flammable refrigerant and included incorporation by reference of
Supplement SA to the 8th edition (August 2, 2012) of UL Standard 484,
refrigerant charge size limits based on cooling capacity and type of
equipment, and requirements for markings and

[[Page 26396]]

warning labels on equipment using the refrigerant to inform consumers
and technicians of potential flammability hazards. Without appropriate
use conditions, the flammability risk posed by this refrigerant could
be higher than non-flammable refrigerants because individuals may not
be aware that their actions could potentially cause a fire, and because
the refrigerant could be used in existing equipment that has not been
designed specifically to minimize flammability risks. Our assessment
and listing decisions in SNAP Rule 19 (80 FR 19454; April 10, 2015)
found that with the use conditions, the overall risk of this
substitute, including the risk due to flammability, does not present
significantly greater risk in the end-use than other substitutes that
are currently or potentially available for that same end-use.
5. What updates to the use conditions is EPA finalizing?
EPA is finalizing the proposed updates to the use conditions that
apply to HFC-32 in new self-contained room ACs and HPs for equipment
manufactured after the effective date of this final rule, with the
change from proposal that UL 484 may continue to be used up to and
including its official sunset date, per UL, of January 1st, 2024. In
the time between the effective date of this final rule and January 1st,
2024, manufacturers will be allowed to follow either UL 484, 8th
Edition or UL 60335-2-40, 3rd Edition. The period during which
manufacturers may follow either standard provides sufficient time for
manufacturers to transition from UL 484 to UL 60335-2-40. EPA is making
this change after considering public comment on the timing for the
adopting UL 60335-2-40, discussed further below in this section.
Several of the updated use conditions finalized for self-contained room
ACs and HPs are common to those finalized for other end-uses in
sections II.A and II.B above. Because of this similarity, EPA discusses
the use conditions that apply to all three end-uses in section II.E.
For HFC-32 in self-contained room ACs and HPs, these are the use
conditions EPA is finalizing. In summary, with the updates finalized,
the use conditions are the following:
(1) New equipment only--This refrigerant may only be used in new
equipment designed specifically and clearly identified for the
refrigerant, i.e., this substitute may not be used as a conversion or
``retrofit'' refrigerant for existing equipment. This use condition is
the same as what currently exists for HFC-32 in this end-use category.
(2) UL Standard--This refrigerant (i.e., in this case, HFC-32) may
be used only in equipment (i.e., in this case, self-contained room ACs
and HPs) that meet all requirements listed either (a) in the 3rd
edition, dated November 1, 2019, of UL Standard 60335-2-40, ``Household
and Similar Electrical Appliances--Safety--Part 2-40: Particular
Requirements for Electrical Heat Pumps, Air Conditioners and
Dehumidifiers'' (UL Standard) or (b) in Supplement SA to the 8th
edition, dated August 2nd, 2012, of UL 484, ``Room Air Conditioners.''
In cases where this final rule includes requirements different than
those of the 3rd edition of UL Standard 60335-2-40 or of Appendix SA in
the 8th edition of UL 484, EPA is requiring that the appliance would
need to meet the requirements of this final rule in place of the
requirements in the UL Standards. See section II.E below for further
discussion on the requirements of the UL 60335-2-40 standard that EPA
is incorporating by reference. This change in the use conditions allows
the standard to which the equipment must adhere to be either Supplement
SA to the 8th edition, dated August 2nd, 2012, of UL Standard 484,
``Room Air Conditioners'' or the 3rd edition of UL 60335-2-40 until the
UL 484 standard sunsets on January 1st, 2024. After that date, self-
contained room ACs and HPs must follow the 3rd edition of UL 60335-2-
40.\38\
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\38\ EPA anticipates that we may propose to further update this
use condition to more recent editions of the UL 60335-2-40 standard
in a future rulemaking and may consider allowing more than one
edition to be used during a specified time period.
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(3) Warning labels--Several warning labels were proposed as use
conditions as detailed in section II.E below for equipment being
designed in compliance with UL 60335-2-40. However, the previously
required warning labels in compliance with UL 484 will also be
acceptable through January 1st, 2024. Therefore, manufacturers will be
allowed to manufacture such equipment either according to UL 484, 8th
Edition or according to UL 60335-2-40, 3rd Edition on or after the
effective date of this final rule up to and including January 1st,
2024; after this date, UL will sunset UL 484 and only UL 60335-2-40
will apply. Beginning January 2nd, 2024, only warning labels in
compliance with UL 60335-2-40 will be permitted. Equipment manufactured
before the effective date of this final action in compliance with the
SNAP requirements applicable at the time of manufacture will remain in
compliance. Equipment designed in compliance with either UL standard
will be required to use warning label language that aligns with that
standard using the font size specified by SNAP regulatory requirements.
These labels are similar in language to those required by UL standards
484, 8th Edition and 60335-2-40, 3rd Edition. The warning labels must
be provided in letters no less than 6.4 mm (\1/4\ inch) high and must
be permanent. While the font size is the same as in the use conditions
that currently apply, several revisions to the labels and the language
in them have changed for manufactures opting to adhere with the 3rd
edition of UL 60335-2-40.
(4) Markings--Equipment must have distinguishing red (PMS #185 or
RAL 3020) color-coded hoses and piping to indicate use of a flammable
refrigerant. The equipment shall have marked service ports, pipes,
hoses, and other devices through which the refrigerant is serviced.
Markings shall extend at least one inch (25 mm) from the servicing port
and shall be replaced if removed. This use condition is the same as
what currently exists for HFC-32 in this end-use category.
The amendment to the regulatory text in appendix R is to indicate
that the use conditions finalized apply to HFC-32 self-contained room
AC units manufactured on or after the effective date of this final
rule, May 30, 2023. Equipment manufactured before the effective date of
the final rule is not affected by this action and is hence subject to
the use conditions included in appendix R at the time they were
manufactured. The finalized revisions to the current regulatory text
update the use conditions that were included in the previous listing
decision for HFC-32 in self-contained room ACs and HPs. EPA notes that
there may be other requirements pertaining to the manufacture, use,
handling, and disposal of the refrigerants that are not included in the
information listed in the tables (e.g., the CAA section 608(c)(2)
venting prohibition,\4\ or Department of Transportation requirements
for transport of flammable gases). Flammable refrigerants being
recovered or otherwise disposed of from residential and light AC
appliances are likely to be hazardous waste under RCRA (see 40 CFR
parts 260-270).
6. How do the updated use conditions differ from the previous
requirements and why is EPA finalizing the change to the use
conditions?
For manufacturers that adhere to UL 60335-2-40, 3rd Edition, the
updated use conditions EPA is finalizing are similar to the ones that
already exist in

[[Page 26397]]

appendix R of 40 CFR part 82, subpart G for HFC-32 in this end-use
category. The final requirements that HFC-32 must be used in new
equipment only and must include red markings at service ports are
repeated in this final listing. Existing room ACs using HFC-32
manufactured before the effective date of this final rule are not
affected by the updated use conditions. In addition, manufacturers may
opt to continue to adhere to the requirements in UL 484, 8th Edition up
to and including its sunset date of January 1st, 2024. After this date,
the use conditions that require adherence solely with UL 60335-2-40,
3rd Edition, described below and in greater detail in section II.E.1,
will be mandatory for all relevant equipment.
The warning labels EPA is finalizing for the use of HFC-32 in self-
contained room ACs and HPs designed to conform with UL 60335-2-40 are
similar to those required as use conditions for the use of HFC-32 in
residential and light commercial AC and HPs (excluding self-contained
room ACs and HPs) and for R-452B, R-454A, R-454B, R-454C, and R-457A in
residential and light commercial AC and HPs (including self-contained
room ACs and HPs), included in SNAP Rule 23 in 2021 (86 FR 24463; May
6, 2021). EPA finds that using a common set of labels will aid in
compliance, especially for a manufacturer that uses more than one of
these refrigerants or produces both self-contained room ACs and HPs and
other types of residential and light commercial AC and HPs. The updated
label options EPA is finalizing use the word ``WARNING'' in lieu of
``DANGER'' or ``CAUTION'' and change ``Risk of Fire or Explosion'' to
just ``Risk of Fire.'' However, the previous wording consistent with UL
484, 8th Edition is allowable up to and including January 1st, 2024 for
manufacturers who would prefer transitioning to UL 60335-2-40, 3rd
Edition at a date later than the effective date of this final rule. EPA
is finalizing that the labels must be provided in letters no less than
6.4 mm (\1/4\ inch) high and must be permanent, which is identical to
the current requirement for HFC-32 in self-contained room ACs and HPs.
In contrast, for manufacturers choosing to continue to make self-
contained room ACs and HPs using R-32 according to Appendix SA and
Appendices B through F of the 8th edition of UL 484 up to and including
January 1st, 2024, rather than making such equipment according to UL
60335-2-40, the existing labeling requirements in appendix R to 40 CFR
part 82, subpart G (listing 10) will continue to apply.
EPA is updating the standard incorporated by reference in the use
conditions, requiring users either to follow certain sections of the
2012 version of UL 484 or to adhere to the 3rd edition of UL 60335-2-
40. Both UL Standard 484 and UL Standard 60335-2-40 were developed in
an open and consensus-based approach, with the assistance of experts in
the refrigeration and AC industry as well as experts involved in
assessing the safety of products. The revision cycle for the 3rd
edition, including final recirculation, concluded with its publication
on November 1, 2019. The 2019 UL Standard overlaps with, and eventually
will replace, the previously published version of several standards,
including UL Standard 484, 8th Edition on January 2nd, 2024. EPA was
aware of the continuing progress of UL Standards to address flammable
refrigerants more appropriately. In the 2021 SNAP Rule (SNAP Rule 23)
listing HFC-32 for other categories within the residential and light
commercial AC and HPs end-use, we stated, ``EPA understands that the
standard we relied on in [SNAP] Rule 19 might `sunset' in the future.
Therefore, we will continue to evaluate the market for the equipment
addressed in that rule, including HFC-32 in self-contained room ACs,
and whether to establish new or revised use conditions that reference
UL 603352-40'' (86 FR 24463; May 6, 2021). Today, we are finalizing
such a change knowing that UL is replacing the standard to which such
equipment is certified from UL 484 to the newer UL 60335-2-40 standard
as of January 2nd, 2024. In addition, in order to allow manufacturers
more time to transition their product lines from the earlier UL 484
standard to the UL 60335-2-40 standard, while still ensuring the safety
of equipment manufactured with flammable refrigerants, EPA is allowing
self-contained room ACs and HPs manufactured with HFC-32 to follow
either standard up to and including January 1st, 2024.
Updating the UL standard incorporated as a use condition will allow
more consistency among the products within this end-use and between
HFC-32 and the five A2L refrigerants listed as acceptable, subject to
use conditions, for this end-use including those listed for self-
contained room ACs and HPs in SNAP Rule 23. This change will allow the
industry to focus on the more recent standard. The change will be
helpful in implementing any transitions needed or planned for
manufacturers, installers, and technicians. A manufacturer, who may
offer different products within this end-use with different
refrigerants, could use similar processes, such as in developing and
applying the warning labels required. Installers and technician,
likewise, would not need to reference different standards depending on
the type of equipment and the particular A2L refrigerant being used in
that equipment, when putting in a new piece of equipment or servicing
that equipment.
Another revision to the use conditions is charge sizes. In the 2019
SNAP Rule, charge sizes from both UL 484, 8th Edition, and those
stipulated by tables within the rule needed to be followed. These will
both continue to be requirements for equipment designed according to UL
484, 8th Edition. However, for equipment designed according to the 3rd
edition of UL 60335-2-40, rather than requiring examination of both
items and determining which charge size is lower, the updated use
conditions will rely on a single document, UL 60335-2-40, 3rd Edition.
As stated above, manufacturers will be allowed to select which standard
they would like their equipment to follow, up to and including the UL
484, 8th Edition sunset date of January 1st, 2024, and equipment will
be considered in compliance if their charge sizes are determined either
by UL 60335-2-40, 3rd Edition or by UL 484, 8th Edition in combination
with the tables in 40 CFR part 82, subpart G, appendix R.
7. What is the acceptability status of HFC-32 in self-contained room
ACs and HPs?
The use conditions finalized in this action apply to new self-
contained room ACs and HPs using HFC-32 manufactured on or after the
effective date of this final rule (30 days after publication in the
Federal Register). This final rule does not apply to or affect
equipment manufactured before the effective date of this action and
manufactured in compliance with the SNAP requirements applicable at the
time of manufacture. For the purposes of the SNAP program, EPA views
equipment to be manufactured when the appliance's refrigerant circuit
is complete, the appliance can function, the appliance holds a full
refrigerant charge, and the appliance is ready for use for its intended
purposes. Self-contained room ACs and HPs are factory charged, meaning
manufacture happens in the factory and thus prior to distribution in
U.S. commerce. For such products manufactured between May 11, 2015, and
the effective date of this final rule, the applicable use conditions
under SNAP would be those in SNAP

[[Page 26398]]

Rule 19 (which took effect May 11, 2015) and as listed in appendix R of
40 CFR part 82, subpart G (listing 6. Such products are permitted to be
warehoused and sold in U.S. commerce, as long as the products were
manufactured (i.e., the refrigerant circuit was complete) before May
30, 2023. For self-contained room ACs and HPs using HFC-32 manufactured
on or after the effective date of this final rule and through January
1, 2024, the use conditions finalized and listed in the revisions to
appendix R (either listing 6, if following UL 484, or listing 8 if
following UL 60335-2-40) would apply under SNAP. For self-contained
room ACs and HPs using HFC-32 manufactured on or after January 2, 2024,
the use conditions finalized in listing 8, including following UL
60335-2-40, will apply under SNAP, recognizing that UL intends to
sunset UL 484 as of January 1, 2024.
8. What additional information is EPA including in these final
listings?
EPA is providing additional information related to these final
listings. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. See section II.E.2 below
for further discussion on what additional information EPA is including
in these final listings. EPA notes that the additional information is
similar to, but not identical with, the additional information in the
listing for HFC-32 in self-contained room ACs and HPs in SNAP Rule 19.
EPA is finalizing additional information consistent with that included
in the other final listings for air conditioning equipment in this rule
and consistent with that included in the listings for four A2L
refrigerant blends listed as acceptable subject to use conditions in
self-contained room ACs and HPs in SNAP Rule 23. While the items listed
are not legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these substitutes as best practices for safer
use.
9. How is EPA responding to comments on updating use conditions for
HFC-32 in self-contained room ACs and HPs?
Comment: AHAM, GE Appliances, and LG Electronics all submitted
comments that the omission of a transition period between the use
conditions requiring the UL 484 standard and the UL 60335-2-40 standard
is inappropriate, and they request an overlapping timeframe when either
of the two standards may be used. GE Appliances stated that
manufacturers need time to convert products and manufacturing
facilities when moving from compliance with one standard to the other.
Similarly, AHAM stated that, regardless of the final rule's effective
date, EPA must ``allow for some overlap of acceptable use conditions to
allow for product conversion because the absence of this overlap places
exceptional burden on appliance manufacturers,'' and noted that there
are currently home comfort products on the market based on prior use
conditions under SNAP Rule 19. In AHAM's words, ``EPA needs to keep
multiple versions of these standards available for products to allow
manufacturers time to transition from one standard to another as they
do under the current standards certification process.'' GE Appliances
noted that the phaseout of UL 484 and transition to the new standard
has already been determined by UL to be January 1st, 2024. Competition
Advocates requested that EPA revise its proposed SNAP Rule 25 use
conditions to allow for an extended implementation time. LG Electronics
supported EPA's action but noted that there is no time for product
conversion from UL 484 to UL 60335-2-40 under the proposed SNAP Rule
25. LG Electronics suggested that EPA should allow for some overlap of
use conditions to allow for product conversion, so that manufacturers
can comply with relevant safety standards.
AHRI suggested that EPA may want to consider an example of the
process for sunsetting standards used by nationally recognized testing
laboratories (NRTLs). They said that NRTLs will test and list equipment
to various versions of standards starting at an agreed-upon date, and
that there may be a transition period of several years until an older
standard is sunset. AHRI also stated that existing equipment remains
listed to existing safety standards until the manufacturer requests to
have it changed, that equipment with major revisions is treated as
``new'' equipment, and that equipment with minor revisions does not
require re-evaluation. AHRI stated that this would ensure that
equipment can still be listed to these standards, taking care to avoid
creating a cumbersome additional process to re-harmonize among
companies and all of the NRTLs.
Daikin commented that they fully support the provision of the
proposal to update use conditions for HFC-32 to allow warning labels in
line with UL 60335-2-40 to eliminate the disparity between the warning
use condition for HFC-32 PTACs (listed in SNAP Rule 19) and the other
SNAP-approved A2L PTACs, listed in SNAP Rule 23.
Response: EPA thanks the commenters for bringing to our attention
the necessity of a transition period where either UL 484, 8th Edition
or UL 60335-2-40, 3rd Edition could apply. EPA agrees with commenters
that only allowing 30 days to transition from one standard to another
is insufficient, given equipment production timelines and challenges
associated with updating equipment on short notice. Further, we note
that both standards address the potential hazards of using flammable
refrigerants, allowing HFC-32 to be used as safely as other
refrigerants in this end-use. Therefore, to offer manufacturers time
for product conversion, we are providing a transition period where
either standard may be used. EPA is finalizing that, as of the
effective date of this final rule, both compliance with UL 484 and
compliance with the 3rd edition of UL 60335-2-40 will be acceptable
until January 1st, 2024, when the UL 484 standard sunsets. The overlap
of these standards will provide manufacturers time to transition from
one standard to the next, including the different warning labels. This
differs from the proposed use conditions, which proposed compliance
with only UL 60335-2-40 warning labels as of this final rule's
effective date. Beginning January 2nd, 2024, compliance with UL 60335-
2-40 will apply, given that January 1st, 2024, is the official sunset
date of UL 484 per UL. After that date, only the UL 60335-2-40 standard
applies under SNAP.
EPA appreciates the information provided by AHRI on the process for
``sunsetting standards used by NRTLs,'' and we agree that it is
important to have a pathway to compliance as new standards become
available. EPA believes that adopting the same sunset date as UL will
provide the greatest clarity for industry on how long UL 484 will be
applicable under SNAP.
EPA acknowledges Daikin's support of the proposal to update the
warning label use conditions for the existing listing of HFC-32 in
self-contained room ACs and HPs, originally listed in SNAP Rule 19.
Comment: Daikin submitted comment on ignition sources for self-
contained HFC-32 AC and HP units referenced in SNAP Rule 19 use
conditions, stating that ``The ignition source examples that EPA cites
in the quoted language [e.g., static electricity, a spark resulting
from a closing door, or a cigarette] in the preceding sentence are
incorrect.''
Response: EPA acknowledges Daikin's comment regarding ignition
sources for

[[Page 26399]]

self-contained HFC-32 AC and HP units referenced in the preamble for
the original listing published in SNAP Rule 19. The examples of
ignition sources that Daikin cites were appropriate for certain ASHRAE
34 classified A3 hydrocarbon refrigerants in the context of SNAP Rule
19 listings. Given that HFC-32 is classified as an A2L, Daikin is
correct that static electricity, a spark resulting from a closing door,
or a cigarette are not considered sufficient to be ignition sources for
it. HFC-32 and other A2L refrigerants require a higher amount of energy
to ignite than A3 refrigerants. Examples of ignition sources with
enough energy to ignite an A2L refrigerant, found empirically, are a
hot wire at 800 [deg]C or open flames such as from a butane lighter or
a lit candle coming into contact directly with a refrigerant leak (Kim
and Sunderland, 2018).\39\ This experiment also found that many other
potential ignition sources are insufficient to ignite HFC-32 and
certain other A2L refrigerants, such as cigarettes, electric plug and
receptacle, friction sparks, hair dryers, and space heaters. In
response to Daikin's comment, EPA has changed the language in the
preamble for this final rule from the July 2022 NPRM for HFC-32 in new
self-contained room ACs and HPs in section II.D, above, to reflect more
appropriate ignition sources for HFC-32. We are now clarifying the
characterization of the A2L ignition source that we provided in the
preamble for the original listing in SNAP Rule 19 and the NPRM for this
final rulemaking. That clarification does not affect EPA's view that
the final use conditions for HFC-32 described above are appropriate.
---------------------------------------------------------------------------

\39\ Dennis Kim and Peter Sunderland, ``Viability of Various
Ignition Sources to Ignite A2L Refrigerant Leaks,'' 17th
International Refrigeration and Air Conditioning Conference at
Purdue University, July, 2018. Available online at: <a href="https://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=2885&context=iracc">https://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=2885&context=iracc</a>.
---------------------------------------------------------------------------

E. Use Conditions and Further Information in Final Listings for
Chillers, Residential Dehumidifiers, and HFC-32 in Self-Contained Room
ACs and HPs

1. What use conditions is EPA finalizing and why?
As described above, EPA is listing:

<bullet> HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C as
acceptable, subject to use conditions, for use in centrifugal and
positive displacement chillers for new equipment in comfort cooling
applications, including commercial AC and IPAC
<bullet> HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C as
acceptable, subject to use conditions, for use in residential
dehumidifiers for new equipment

In addition, EPA is finalizing revisions to the use conditions that
apply to the listing of:

<bullet> HFC-32 as acceptable, subject to use conditions, for use
in self-contained room ACs and HPs for new equipment

These use conditions are summarized in the listings under
subheadings II.A and II.B and the revisions to the use conditions are
summarized under subheading II.D, above, and are explained here in
greater detail. The use conditions EPA is finalizing (either as new
listings or revisions to a previous listing) include conditions
requiring use of each refrigerant in new equipment, which can be
specifically designed for the refrigerant; use consistent with the UL
60335-2-40 industry standard, 3rd Edition, including testing, charge
sizes, ventilation, usage space requirements, and certain hazard
warnings and markings; and requirements for warning labels and markings
on equipment to inform consumers and technicians of potential
flammability hazards. The listings with specific use conditions are
intended to allow for the use of these lower flammability refrigerants
in a manner that will ensure they do not pose a greater overall risk to
human health and the environment than other substitutes in these end-
uses.
New Equipment Only; Not Intended for Use as a Retrofit Alternative
EPA is finalizing that these refrigerants may be used only in new
equipment which has been designed to address concerns unique to
flammable refrigerants--i.e., none of these substitutes may be used as
a conversion or ``retrofit'' refrigerant for existing equipment. The
information that EPA has considered in our review of flammability risks
of this refrigerant in this end-use is based on designing and testing
new equipment and not on mitigation methods specific to retrofitting of
existing equipment designed for non-flammable refrigerants. Neither the
submitters nor public commenters suggested that EPA should consider
listing the refrigerants covered by this rule for chillers,
dehumidifiers, or self-contained room ACs and HPs for retrofit use.
Therefore, EPA is finalizing that they may only be used in new
equipment which can be properly designed for their use. This use
condition does not affect the ability to service a system using the
refrigerant once installed, including the adding of refrigerant or
replacing components.
This use condition would not affect the ability to service a system
using one of these refrigerants once installed, including the adding of
refrigerant or replacing components.
Standards
EPA is finalizing that the flammable refrigerants may be used only
in equipment that meets all requirements in UL Standard 60335-2-40, 3rd
Edition.
Those participating in the UL 60335-2-40 consensus standards
process have tested equipment for flammability risk and evaluated the
relevant scientific studies. Further, UL has developed safety standards
including requirements for construction and system design, for
markings, and for performance tests concerning refrigerant leakage,
ignition of switching components, surface temperature of parts, and
component strength after being scratched. Certain aspects of system
construction and design, including charge size, ventilation, and
installation space, and greater detail on markings, are discussed
further below in this section. The UL 60335-2-40 Standard was developed
in an open and consensus-based approach, with the assistance of experts
in the AC industry as well as experts involved in assessing the safety
of products. While similar standards exist from other bodies such as
the International Electrotechnical Commission (IEC), we are finalizing
to rely on specific UL standards that are most applicable and
recognized by the U.S. market. This approach is the same as that in our
previous rules on flammable refrigerants (e.g., 76 FR 78832; December
20, 2011, 80 FR 19454; April 10, 2015, and 86 FR 24444; May 6, 2021).
A summary of the requirements of UL 60335-2-40 as they affect the
refrigerants and end-use addressed in this section of our rule follows.
This summary is offered for information only and does not provide a
complete review of the requirements in this standard.
Among the provisions in UL 60335-2-40 are limits on the amount of
refrigerant allowed in each type of appliance based on several factors
explained in that standard. The requirements in UL 60335-2-40 reduce
the risk to workers and consumers. Annex GG of the standard provides
the charge limits, ventilation requirements and requirements for
secondary circuits. The standard specifies requirements for
installation space of an appliance (i.e., room floor area) and/or
ventilation or other requirements that are determined according to the
refrigerant charge used

[[Page 26400]]

in the appliance, the installation location and the type of ventilation
of the location or of the appliance. Within Annex GG, Table GG.1
provides guidance on how to apply the requirements to allow for safe
use of flammable refrigerants. UL 60335-2-40, 3rd Edition contains
provisions for safety mitigation. These mitigation requirements were
developed to ensure the safe use of flammable refrigerants over a range
of appliances. In general, as larger charge sizes are used, more
stringent mitigation requirements are required by the standard. In
certain applications, refrigerant detection systems (as described in
Annex LL, Refrigerant detection systems for A2L refrigerants) and
refrigerant sensors (as described in Annex MM, Refrigerant sensor
location confirmation tests) such as safety alarms are required by the
standard. Where air circulation (i.e., fans) is required in accordance
with Annex GG or Annex 101.DVG, it must be initiated by a separate
refrigerant detection system either as part of the appliance or
installed separately. In a room with no mechanical ventilation, Annex
GG provides requirements for openings to rooms based on several
factors, including the charge size and the room area. The minimum
opening is intended to be sufficient so that natural ventilation would
reduce the risk of using a flammable refrigerant. The standard also
includes specific requirements covering construction, instruction
manuals, allowable charge sizes, mechanical ventilation, safety alarms,
and shut off valves for A2L refrigerants.
In addition to Annex GG and Table GG.1 mentioned above, UL 60335-2-
40 has a requirement for the maximum charge for an appliance using an
A2L refrigerant. Additional requirements exist for charge sizes
exceeding three times the LFL.
Table GG.1 of the UL standard indicates that systems with
refrigerant charges exceeding certain amounts are outside the scope of
the standard, stating that ``National standards apply.'' Specifically,
if the refrigeration circuit with the greatest mass of a flammable
refrigerant is more than 260 times the lower flammability limit (in kg/
m\3\), such equipment is outside the scope. For example, HFC-32 has an
LFL of approximately 0.307 kg/m\3\ (0.0192 lb/ft\3\); therefore,
equipment with charge sizes of a single circuit exceeding 79.82 kg
(176.0 lb) would fall outside the scope of the UL Standard. EPA expects
that many chillers could exceed these charge thresholds and therefore
is proposing that an additional safety standard would apply for all
chillers, as discussed in section II.A.4, above. EPA does not expect
this situation to occur for residential dehumidifiers or self-contained
room ACs and HPs because of their smaller charge sizes.
EPA recognizes that an updated edition of this standard, Edition 4,
was published on December 17, 2022. Nevertheless, EPA is finalizing
this rulemaking to the 3rd Edition of this standard because the 4th
Edition was not available ahead of the issuance of the proposed rule
for the Agency to consider. Therefore, since the 4th Edition was
published several months after the proposed rule and after the close of
the comment period, EPA could not have reviewed the standard for
inclusion in the proposal and there was no opportunity for public
comment on whether to incorporate it into the use conditions for these
listings. EPA intends to review the 4th edition and if appropriate, EPA
will propose to update the use conditions contained in this final rule
in a subsequent rulemaking.
Warning Labels
EPA is requiring labeling of chillers and residential
dehumidifiers. In addition, EPA is modifying the previously promulgated
use conditions for HFC-32 self-contained room ACs and HPs
(``equipment'') to update the warning label text. EPA is finalizing
that the following labels, or the equivalent, must be provided in
letters no less than 6.4 mm (\1/4\ inch) high and must be permanent
(except for HFC-32 self-contained equipment opting to follow the
current use conditions in compliance with UL 484, 8th Edition up to and
including its sunset date of January 1st, 2024):

i. On the outside of the equipment: ``WARNING--Risk of Fire. Flammable
Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do
Not Puncture Refrigerant Tubing''
ii. On the outside of the equipment: ``WARNING--Risk of Fire. Dispose
of Properly In Accordance With Federal Or Local Regulations. Flammable
Refrigerant Used''
iii. On the inside of the equipment near the compressor: ``WARNING--
Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner's
Guide Before Attempting to Service This Product. All Safety Precautions
Must Be Followed''
iv. For any equipment pre-charged at the factory, on the equipment
packaging or on the outside of the equipment: ``WARNING--Risk of Fire
due to Flammable Refrigerant Used. Follow Handling Instructions
Carefully in Compliance with National Regulations''
1. If the equipment is delivered packaged, this label shall be applied
on the packaging
2. If the equipment is not delivered packaged, this label shall be
applied on the outside of the appliance

EPA expects that all residential dehumidifiers and all self-
contained room ACs and HPs would be packaged, and hence this label
would be placed as stipulated in item 1 above. For self-contained room
ACs and HPs that are opting to continue being manufactured according to
UL 484, 8th Edition, the existing labeling requirements apply until the
standard sunsets on January 1, 2024, and are described in the section
below. EPA expects that chillers could be provided packaged or not, and
this label would be placed as stipulated in item 1 or 2, respectively.

v. On the equipment near the nameplate:
1. At the top of the marking: ``Minimum installation height, X m (W
ft).'' This marking is only required if the similar marking is required
by the 3rd Edition of UL 60335-2-40. The terms ``X'' and ``W'' shall be
replaced by the numeric height as calculated per the UL Standard. Note
that the formatting here is slightly different than the UL Standard;
specifically, the height in Inch-Pound units is placed in parentheses
and the word ``and'' has been replaced by the opening parenthesis.
2. Immediately below v.1. above or at the top of the marking if v.1. is
not required: ``Minimum room area (operating or storage), Y m\2\ (Z
ft\2\).'' The terms ``Y'' and ``Z'' shall be replaced by the numeric
area as calculated per the UL Standard. Note that the formatting here
is slightly different than the UL Standard; specifically, the area in
Inch-Pound units is placed in parentheses and the word ``and'' has been
replaced by the opening parenthesis.
vi. For non-fixed equipment, including residential dehumidifiers and
self-contained room ACs and HPs, on the outside of the product:
``WARNING--Risk of Fire or Explosion--Store in a well-ventilated room
without continuously operating flames or other potential ignition.''
EPA expects that this label would be required on residential
dehumidifiers, non-residential dehumidifiers, and HFC-32 self-contained
room ACs (e.g., including portable ACs, window ACs, PTACs and PTHPs).
vii. For fixed equipment that is ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary devices which may be ignition
sources shall not be

[[Page 26401]]

installed in the ductwork, other than auxiliary devices listed for use
with the specific appliance. See instructions.''

The text of the warning labels, above in i. through iv., vi., and
vii., is exactly the same as that required in UL 60335-2-40, while the
text of the label identified in v. is similar to that in the UL
Standard. The major difference between this rule's warning label
requirements and the requirements in Table 101.DVF.1 of UL 60335-2-40
is that the markings for A2L refrigerants, including HFO-1234yf, HFC-32
and the four refrigerant blends, are required to be no less than 3.2 mm
(\1/8\ inch) high in the standard instead of 6.4 mm (\1/4\ inch) as EPA
is finalizing in this action. EPA considers it difficult to see warning
labels with the minimum lettering height requirement for A2L
refrigerants of 3.2 mm (\1/8\ inch) in the UL Standard. Therefore, as
in the requirements in our previous flammable refrigerants rules (e.g.,
76 FR 78832; December 20, 2011 and 80 FR 19454; April 10, 2015 and 86
FR 24444; May 6, 2021), EPA is finalizing that the minimum height for
lettering must be 6.4 mm (\1/4\ inch) as opposed to 3.2 mm (\1/8\
inch), which will make it easier for technicians, consumers, retail
storeowners, first responders, and those disposing the appliance to
view the warning labels.
For those manufacturers of new self-contained room ACs and HPs
opting to follow the UL 484, 8th Edition standard up to and including
its sunset date of January 1st, 2024, EPA is finalizing that the
following markings, or the equivalent, must be provided in letters no
less than 6.4 mm (\1/4\ inch) high and must be permanent:
(a) On the outside of the air conditioner: ``DANGER--Risk of Fire
or Explosion. Flammable Refrigerant Used. To Be Repaired Only By
Trained Service Personnel. Do Not Puncture Refrigerant Tubing.''
(b) On the outside of the air conditioner: ``CAUTION--Risk of Fire
or Explosion. Dispose of Properly In Accordance With Federal Or Local
Regulations. Flammable Refrigerant Used.''
(c) On the inside of the air conditioner near the compressor:
``CAUTION--Risk of Fire or Explosion. Flammable Refrigerant Used.
Consult Repair Manual/Owner's Guide Before Attempting To Service This
Product. All Safety Precautions Must Be Followed.''
(d) On the outside of each portable air conditioner: ``WARNING:
Appliance shall be installed, operated and stored in a room with a
floor area larger the ``X'' m\2\ (Y ft\2\).'' The value ``X'' on the
label must be determined using the minimum room size in m\2\ calculated
using Appendix F of UL 484, 8th Edition.
However, after the sunset of UL 484 on January 1st, 2024, the use
conditions described above, related to the 3rd edition of UL 60335-2-
40, will apply for all self-contained room ACs and HPs under SNAP.
Markings
Our understanding of the UL Standard is that red markings, similar
to those EPA has applied as use conditions in past actions for
flammable refrigerants (76 FR 78832; December 20, 2011 and 80 FR 19454;
April 10, 2015 and 86 FR 24444; May 6, 2021), are required by the UL
Standard for A2 and A3 refrigerants but not A2L refrigerants. EPA is
finalizing that such markings apply to these A2L refrigerants as well,
to establish a common, familiar and standard means of identifying the
use of a flammable refrigerant.
These red markings will help technicians immediately identify the
use of a flammable refrigerant, thereby potentially reducing the risk
of using sparking equipment or otherwise having an ignition source
nearby. The AC and refrigeration industry currently uses red-colored
hoses and piping as means for identifying the use of a flammable
refrigerant based on previous SNAP listings. Likewise, distinguishing
coloring has been used elsewhere to indicate an unusual and potentially
dangerous situation, for example in the use of orange-insulated wires
in hybrid electric vehicles. Currently under the SNAP listings, as
applicable, color-coded hoses or pipes must be used for ethane, HFC-32,
R-452B, R-454A, R-454B, R-454C, R-457A, isobutane, propane, and R-441A
in certain types of equipment where these are listed acceptable,
subject to use conditions. All such tubing must be colored red PMS #185
or RAL 3020 to match the red band displayed on the container of
flammable refrigerants AHRI Guideline N, ``2017 Guideline for
Assignment of Refrigerant Container Colors.'' The intent of this
requirement is to provide adequate notice for technicians and others
that a flammable refrigerant is being used within a particular piece of
equipment or appliance. Another goal is to provide adequate
notification of the presence of flammable refrigerants for personnel
disposing of appliances containing flammable refrigerants. As explained
in a previous SNAP rule, one mechanism to distinguish hoses and pipes
is to add a colored plastic sleeve or cap to the service tube. (80 FR
19465; April 10, 2015). Other methods, such as a red-colored tape could
be used. The colored plastic sleeve, cap, or tape would have to be
forcibly removed in order to access the service tube and would have to
be replaced if removed. This would signal to the technician that the
refrigeration circuit that she/he was about to access contained a
flammable refrigerant, even if all warning labels were somehow removed.
This sleeve, cap or tape would be of the same red color (PMS #185 or
RAL 3020) and could also be boldly marked with a graphic to indicate
the refrigerant was flammable. This could be a cost-effective
alternative to painting or dyeing the hose or pipe.
EPA is finalizing the use of color-coded hoses or piping as a way
for technicians and others to recognize that a flammable refrigerant is
used in the equipment. This would be in addition to the proposed use of
warning labels discussed above. EPA considers having two such warning
methods to be reasonable and consistent with other general industry
practices. This approach is the same as that adopted in our previous
rules on flammable refrigerants (e.g., 76 FR 78832; December 20, 2011
and 80 FR 19454; April 10, 2015 and 86 FR 24444; May 6, 2021).
2. What additional information is EPA including in these final
listings?
For chillers, residential dehumidifiers, and self-contained room
ACs and HPs, EPA is including additional information, found in the
``Further Information'' column of the regulatory text at the end of
this document, to protect personnel from the risks of using flammable
refrigerants. Similar to our previous listings of flammable
refrigerants, EPA is including information on the OSHA requirements at
29 CFR part 1910, proper ventilation, personal protective equipment,
fire extinguishers, use of spark-proof tools and equipment designed for
flammable refrigerants, and training. Since this additional information
is not part of the regulatory decision under SNAP, these statements are
not binding for use of the substitute under the SNAP program. While the
items listed are not legally binding under the SNAP program, EPA
encourages users of substitutes to apply all statements in the
``Further Information'' column in their use of these substitutes as
best practices for safer use.

[[Page 26402]]

3. How is EPA responding to comments on use conditions and further
information for chillers, residential dehumidifiers, and HFC-32 self-
contained room ACs and HPs?
Comment: Several commenters (AHRI, the Alliance for Responsible
Atmospheric Policy (the Alliance), Anden, AprilAire, AHAM, ATMOsphere,
Carrier Global Corporation, Competition Advocates, Daikin, Diversified
CPC International, the Environmental Investigation Agency (EIA), GE
Appliances/Haier, LG Electronics U.S.A., Chemours, Trane, UL Solutions)
commented in support of incorporating by reference the industry
standards UL 60335-2-40 and ASHRAE 15 into the use conditions for
chillers, residential dehumidifiers, and self-contained room AC and
HPs, but expressed concerns on the Agency's timing of referencing
specific editions of these standards.
AHRI, Chemours, and UL stated that a new version of UL 60335-2-40,
the 4th edition, may soon be published. Carrier and Daikin recommended
using the 4th edition of UL 60335-2-40 instead of the proposed 3rd
edition of that standard if the 4th edition is published before EPA
issues a final rulemaking. EIA, an environmental group, stated that the
4th Edition of UL 60335-2-40 should be used in the final rule's use
conditions if published before EPA takes final action on this rule.
Trane recommended delaying approval of SNAP Rule 25 as it relates to
chillers, until it can incorporate by reference the 4th Edition of UL
60335-2-40. UL stated that the 4th edition has many improvements over
the 3rd edition, including updates requested by the fire service
community. Anden and AprilAire both suggested EPA allow for use of the
3rd edition ``in addition to'' the 4th edition, rather than ``in lieu
of'' the 4th edition, as EPA proposed. Chemours and Carrier suggested
that EPA update previous rules with older editions of standards (e.g.,
SNAP Rule 23).
Some commenters, such as Daikin and Chemours, noted that the 2022
version of ASHRAE 15 was likely to be published a few months after the
NPRM and before the final rule would be issued. UL mentioned the
pending publication of ASHRAE 15-2022, in addition to the May of 2022
version of ASHRAE 15.2, a new residential version of the standard.
Chemours and Carrier also stated that once the new versions of the UL
60335-2-40 and ASHRAE 15 standards are published, the use conditions of
the proposed rule should be updated.
AHRI stated that it will be important to have a pathway to
compliance as each new edition becomes available. LG Electronics and
AHAM stated that NRTLs do not have a required date to comply with the
3rd edition and expressed concern that this will cause issues in
obtaining proper testing for the products. AHAM commented, particularly
with respect to the use of HFC-32 in self-contained room ACs and HPs,
that the Agency must allow for transition periods within the rule so
that manufactured products can comply with relevant safety standards.
The Alliance commented on their support for dealing with codes and
standards issues raised by AHAM and AHRI. They noted this is a critical
issue and has been a critical issue for several years now, but that
integration of the codes and standards will allow transition schedules
for alternatives. Competition Advocates ``encourage[d] EPA to revise
its proposed SNAP Rule 25 use conditions to allow for an extended
implementation time.'' Trane commented that there should be an
expedited process for updating the linked standards to allow for ease
of compliance and ensure the availability of the latest technologies.
GE Appliances noted support for SNAP Rule 25 and urged EPA to move
quickly in finalizing. AHAM urged the Agency to ``expedite finalizing
this rule,'' referencing regulations in California limiting refrigerant
options in dehumidifiers as of the start of 2023.
Response: EPA thanks the commenters for their support of including
ASHRAE 15 and UL 60335-2-40 standards in the use conditions for
chillers, residential dehumidifiers, and self-contained ACs and HPs in
SNAP Rule 25. EPA acknowledges the information on further developments
in the UL 60335-2-40 standard and ASHRAE standards processes and
realizes that new editions of both standards have been published since
the issuance of the proposed rule and after the close of the comment
period. After considering all the public comments on this proposal, we
are finalizing the editions of relevant standards required by the use
conditions for chillers, dehumidifiers, and self-contained ACs and HPs
as proposed. EPA is incorporating by reference the 3rd edition of UL
60335-2-40 and the 2019 edition of ASHRAE 15. The 3rd edition of UL
60335-2-40 includes extensive revisions specifically to address
flammability risks of A2L refrigerants and reach industry-wide
consensus. We conclude that the 3rd edition adequately addresses the
use of these A2L refrigerants in the equipment proposed and as
discussed below, if the Agency determines changes are warranted, the
Agency can do so in a future rulemaking.
EPA is aware of the new 4th edition of UL 60335-2-40 and the ASHRAE
15-2022 standards that have recently been published. However, these
editions were not available in advance of the development of the
proposed rule and thus were not considered. In addition, the public did
not have the opportunity to review and comment on a proposed rule that
reflected those new editions. EPA recognizes that the UL standards are
under continuous maintenance--as are ASHRAE Standards 15 and 15.2--and
hence may change again, even though the mentioned editions are newly
published. Past experience suggests it is difficult to align the
regulatory development process with these standard-setting processes.
EPA concluded that rather than wait for the issuance of a new edition
(which could be replaced with a subsequent edition), it was important
for EPA to act on the SNAP submissions and propose listings based on
the best available information, which included the available editions
of the relevant UL and ASHRAE standards. Furthermore, now that a 4th
edition of the UL Standard and the 2022 version of ASHRAE 15 are
released, EPA will review the relevant changes and may develop a
subsequent rulemaking, allowing for a notice and comment period for the
public to provide their opinions on the updates.
Some commenters supported moving forward with the rule using the
3rd edition of UL 60335-2-40 consistent with EPA's proposal. EPA
concludes that reliance on the 3rd edition of the UL Standard, the 2019
version of ASHRAE 15, and other use conditions allows applicable
products to be used safely. Given the comments received expressing
desire for quick finalization of the rule, EPA's understanding that the
3rd edition provides many desired improvements on the 2nd edition, and
environmental benefits to providing these ODS alternatives as quickly
as possible, EPA is finalizing to the 3rd edition of UL 60335-2-40.
Regarding Trane's comment requesting an expedited updating process
for standards, EPA does not have an automatic process or a process with
fewer steps, as each particular iteration of a standard must be
reviewed by the Agency. Additionally, updating the standard involves a
change to regulations, and the Agency typically uses a notice-and-
comment process to change the standard that is incorporated into
regulations. In response to comments from Chemours and Carrier

[[Page 26403]]

that EPA should also update previous rules with older editions of
standards, EPA notes that this is outside the scope of this rulemaking.
EPA will continue to consider changes to relevant standards, both for
this rule and for previous rules addressing flammable refrigerants, and
the Agency may consider whether any revisions to the SNAP program
regulations should be proposed at a future date.
Comment: Several commenters noted concerns regarding the proposed
use conditions (AHRI, the Alliance, Anden, AprilAire, Competition
Advocates, Daikin, Diversified CPC International). Anden commented on
EPA's proposed use condition requiring ``marked service ports, pipes,
hoses, and other devices through which the refrigerant is serviced''
and requested ``EPA to clarify in the final rule that this particular
use condition does not apply to equipment that does not have service
ports.'' Similar to Anden, AprilAire commented on ``marked service
ports'' and requested ``EPA to clarify in the final rule that this
particular use condition does not apply to equipment that does not have
service ports.'' AprilAire noted that their products generally do not
contain service ports.
Daikin noted that ``EPA inaccurately characterized the operation of
chillers in its general description of warning label use conditions
``vii. For fixed equipment that is ducted, including chillers. . . .''
87 F.R. at 45523 (emphasis added).''
Diversified CPC International, a producer of specialty gases,
including hydrocarbon refrigerants, commented on the use of hydrocarbon
refrigerants and noted it has ``been limited within the United States
due to refrigerant charge limitations that are much lower than most
regions in the world. For example, the IEC Standard IEC 60335-2-40
allows for 1,000 grams charge size for indoor air conditioning units
and a 5 kg limit for outdoor air conditioning units.'' They stated that
EPA should consider modifying use conditions to allow compliance for
larger A3 charge sizes for various types of equipment that falls under
the scope of UL 60335-2-40, 3rd Edition and UL 60335-2-89, 2nd Edition.
ATMOsphere, a trade group, stated that the next step for revising North
American safety standards will be to form a CANENA Technical
Harmonization Committee (THC) to discuss possibly adopting changes from
the 7th and most recent edition of the IEC into a future edition 5 of
UL 60335-2-40, with larger charge sizes for hydrocarbons.
Response: The Agency acknowledges support for the proposed listings
covered by the use conditions in this section of the preamble. After
considering all the public comments on the proposal, we are finalizing
these use conditions, with modifications in response to the comments
received. A few commenters requested clarification on use conditions
requiring ``marked service ports, pipes, hoses, and other devices
through which the refrigerant is serviced.'' EPA considers the marked
service port use condition to apply to equipment without service ports,
as servicing or recovery occurs through their pipes, hoses, or other
devices. Technicians will still need information provided by the
service port markings in these circumstances. After considering all the
public comments on this proposal, we are finalizing this use condition
as proposed.
EPA agrees with comments provided by Daikin indicating that EPA may
have inadvertently mischaracterized the operation of chillers in its
general description of warning label use conditions. In response to
this comment, EPA has edited the warning label description for fixed
equipment to keep the reference to ducted equipment and to remove the
reference to chillers.
EPA is aware of the larger charge sizes for hydrocarbon
refrigerants allowed in updated versions of UL standards, such as UL
60335-2-89, 2nd Edition and UL 60335-2-40, 3rd Edition. EPA did not
propose to increase the charge sizes of A3 refrigerants, thus this
request is beyond the scope of this rulemaking. Additionally, EPA did
not consider equipment covered by the UL 60335-2-89 standard in this
rulemaking. Any changes to use conditions for listings not included in
the proposal are beyond the scope of this final rule, and if EPA
concludes that proposing changes to the listings is warranted, it would
typically initiate a separate rulemaking process. The Agency is
familiar with the process of forming a CANENA THC to discuss proposals
for adopting the changes in IEC 60335-2-40 Edition 7 into the next
edition of the North American safety standards, including the 5th
edition of UL 60335-2-40. If a 5th edition of UL 60335-2-40 is
released, EPA can consider any relevant changes such as allowing for
larger charge sizes for hydrocarbon refrigerants in a future
rulemaking.

F. Very Low Temperature Refrigeration (VLTR)--Listing of R-1150 as
Acceptable, Subject to Use Conditions and Narrowed use limits, for Use
in New VLTR

In the NPRM, EPA proposed to list R-1150 as acceptable, subject to
use conditions and narrowed use limits, for use in new VLTR equipment.
No comments were received in regard to this listing. Therefore, EPA is
finalizing the listing of R-1150 in VLTR as proposed.
1. Background on VLTR
The very low temperature refrigeration (VLTR) end-use includes a
wide range of equipment types. VLTR equipment is intended to maintain
temperatures considerably lower than for refrigeration of food (below -
62 [deg]C or -80 [deg]F). Examples of very low temperature
refrigeration equipment include medical freezers and freeze-dryers,
which generally require extremely reliable refrigeration cycles to
maintain low temperatures and must meet stringent technical standards.
In some cases, VLTR equipment may use a refrigeration system with two
stages, each with its own refrigerant loop. This allows a greater range
of temperatures and may reduce the overall refrigerant charge.
For this rulemaking, only equipment designed to reach temperatures
lower than -80 [deg]C (-112 [deg]F) is addressed. See sections II.E.6
and II.E.7 below for a discussion of the narrowed use limits describing
the reasoning for this temperature requirement. Examples of equipment
covered by this final rule in the VLTR end-use include:
<bullet> Freeze dryers. This equipment typically includes a two-
stage system, with a VLTR stage being addressed by this rule and a
warmer stage, usually classified as IPR, not addressed in this final
rule. The primary application of this equipment is for freeze drying
material in a laboratory setting.
<bullet> Cold traps required to operate below -80 [deg]C or -112
[deg]F. This equipment is used during laboratory evaporation to
condense vapors to prevent them from entering and damaging the pump, or
leaking into the environment, ensuring a closed system within the
vacuum pump.

[[Page 26404]]

<bullet> Very low temperature freezers designed to reach
temperatures below -80 [deg]C or -112 [deg]F.
This final listing decision for R-1150 addresses these types of
equipment, as well as other types of VLTR equipment not mentioned that
fit within the narrowed use limits described in section II.F.6, under
SNAP. This listing addresses all types of VLTR equipment that meet the
requirements of the UL Standard 61010-2-011, 2nd Edition, and for all
applications of such equipment under EPA's final use conditions and
narrowed use limits. Because UL Standard 61010-2-011 only applies to
laboratory equipment, we understand that only VLTR equipment that is
also laboratory equipment is eligible to use R-1150 under the use
condition.
2. What is EPA's final listing decision for R-1150?
EPA is listing R-1150 as acceptable, subject to use conditions and
narrowed use limits, for use in VLTR equipment, including freeze-
dryers, cold traps, and very low temperature freezers.
3. What is R-1150 and how does it compare to other refrigerants in the
same end-use?
R-1150, also known as ethene or ethylene (CAS Reg. No. 75-85-1), is
an unsaturated hydrocarbon. It is a flammable refrigerant with the
ASHRAE safety classification A3. You may find a copy of the applicants'
submissions, with CBI redacted, providing the required health and
environmental information for this substitute in this end-use in Docket
EPA-HQ-OAR-2021-0836 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the names
``Supporting Materials for Rule 25 Listing of R-1150 in Refrigeration
and Air Conditioning. SNAP Submission Received December 3, 2018'' and
``Supporting Materials for Rule 25 Listing of R-1150 in Refrigeration
and Air Conditioning. SNAP Submission Received January 21, 2021.'' EPA
performed an assessment to examine the health and environmental risks
of this substitute. This assessment is available in Docket EPA-HQ-OAR-
2021-0836: ``Risk Screen on Substitutes in Very Low Temperature
Refrigeration (New Equipment). Substitute: R-1150.'' \40\
---------------------------------------------------------------------------

\40\ ICF, 2022o. Risk Screen on Substitutes in Very Low
Temperature Refrigeration (New Equipment); Substitute: R-1150.
---------------------------------------------------------------------------

Environmental information: R-1150 has an ODP of zero and a GWP of
four.
In addition to ODP and GWP, EPA evaluated potential impacts of R-
1150 and other hydrocarbon refrigerants on local air quality. R-1150 is
considered a VOC and is not excluded from EPA's regulatory definition
of VOC (see 40 CFR 51.100(s)) for the purpose of addressing the
development of SIPs to attain and maintain the NAAQS. As described
below, EPA estimates that potential emissions of R-1150, when used in
the refrigeration and AC sector in the VLTR end-use consistent with
this listing under the SNAP program, would not have a significant
impact on local air quality.41 42
---------------------------------------------------------------------------

\41\ ICF, 2014. Assessment of the Potential Impact of
Hyddrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
\42\ ICF, 2022p. Additional Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
May 2020.
---------------------------------------------------------------------------

In response to the increased market share of hydrocarbon
refrigerants, particularly in VLTR applications, EPA conducted
additional analysis of various scenarios to consider the potential
impacts on local air quality if hydrocarbon refrigerants were used in
further applications.\43\ In particular, use of R-1150 in very low
temperature freezers, including VLTR equipment with an IPR stage using
propylene, and the use of R-1150 in retail food refrigeration systems
\44\ were investigated for ground-level ozone effects. The analysis
first considers highly conservative modeling scenarios where a specific
hydrocarbon would be used widely across all end-uses in the
refrigeration and AC sector. Scenario 1b** estimates propylene's
emissions using EPA's Vintaging Model (VM) and Community Multi-stage
Air Quality (CMAQ) model,\45\ and Scenario 1b estimates R-1150's
emissions using the same VM and CMAQ versions as in Scenario 1b**.
---------------------------------------------------------------------------

\43\ Ibid.
\44\ EPA is aware that such refrigeration equipment exists in
Europe. Thus, EPA evaluated R-1150 in retail food refrigeration--
stand-alone units as well as in VLTR and other hydrocarbon
refrigerants, to consider the greatest impact that reasonably could
occur when using increasing amounts of such refrigerants.
\45\ VM IO file_v5.1_10.01.19 and CMAQ 5.2.1 with carbon bond 06
(CB06) mechanism, as cited in ICF, 2022p. Additional Assessment of
the Potential Impact of Hydrocarbon Refrigerants on Ground Level
Ozone Concentrations. May 2020.
---------------------------------------------------------------------------

Additionally, the analysis also considers the more realistic
scenarios (Scenario 2, Scenario 3a, and Scenario 3b) where hydrocarbons
are modeled only in the end-uses where the SNAP program has already
listed them as acceptable, or for which SNAP submissions or
international market trends indicate HCs soon could be used. Scenario 2
examines the likely emissions of lower maximum incremental reactivity
(MIR) hydrocarbons, propane, isobutane, and ethane, in the residential
and light commercial AC, residential dehumidifiers, retail
refrigeration, and household refrigeration end-uses. Scenarios 3a and
3b also consider the use of higher MIR refrigerants propylene and R-
1150 in laboratory equipment (IPR and VLTR end-uses, respectively) and
R-1150 in small retail food refrigeration equipment (e.g., stand-alone
units) in addition to the hydrocarbon refrigerants used in Scenario 2.
Scenarios 3a and 3b differentiate based on whether propylene and R-1150
would be subject to the venting prohibition under CAA section
608(c)(2). For further information on the specific assumptions, see the
docket for this rulemaking.\46\
---------------------------------------------------------------------------

\46\ ICF, 2014. Op. cit.
---------------------------------------------------------------------------

In highly conservative Scenario 1b, examining widespread R-1150
adoption across the entire refrigeration and AC sector, modeling
predicts that the single 8-hour average ground-level ozone
concentration could increase by 11.7 percent in Los Angeles, which is
the area with the highest level of ground-level ozone pollution in the
United States. However, the assumptions modeled in 1b are highly
unrealistic, given the significantly smaller number of applications in
which R-1150 has been requested for use or is currently being used
globally. VLTR, the only end-use being addressed in this listing,
represents a very small segment of the refrigeration and AC sector.
In the more realistic scenarios 3a and 3b, where use of propylene
and R-1150 in laboratory equipment and R-1150 in small retail food
refrigeration equipment are included, the 8-hour ground-level ozone
concentration in Los Angeles was found to increase by a maximum of
0.017 percent relative to the NAAQS on the worst modeled day. For
purposes of this SNAP determination, this is not a significant increase
in ground-level ozone. The modeling is also conservative by assuming a
one-for-one substitution of hydrocarbons for current refrigerants
because an actual transition would likely introduce less than one
kilogram of hydrocarbon for each kilogram replaced. As a result of this
analysis, EPA determined that the use of R-1150 consistent with the use
conditions and narrowed use limits finalized in this rulemaking will
not result in significantly greater risk to people's health or the
environment than other alternatives available for the same use.
Ecosystem effects from R-1150 are expected to be small, as compared
to the effects of other acceptable substitutes in

[[Page 26405]]

this end-use. R-1150 is highly volatile and typically evaporates or
partitions to air, rather than contaminating ground or surface waters,
and thus R-1150's effects on aquatic life are expected to be small.
Based on these considerations, R-1150 is not expected to pose a greater
risk of ecosystem effects than other alternatives for these uses.
Flammability information: ASHRAE Standard 34 classifies R-1150 as a
Class A3 refrigerant.\47\ R-1150 is flammable when its concentration in
the air is in the range of 2.7 percent to 36 percent by volume (27,000
ppm to 360,000 ppm).48 49
---------------------------------------------------------------------------

\47\ ASHRAE, 2019a. Op. cit.
\48\ Ibid.
\49\ ICF, 2022o. Op. cit.
---------------------------------------------------------------------------

Toxicity and exposure data: Exposure to R-1150 may be hazardous if
inhalation, skin contact, or eye contact with the proposed substitute
occurs at sufficiently high levels. The most likely pathway of exposure
is through inhalation, which can cause symptoms of asphyxiation.
Exposures of R-1150 to the skin may cause frostbite. Exposures of R-
1150 to the eyes could cause eye irritation. These potential health
effects are common to many refrigerants.
The American Conference of Governmental Industrial Hygienists
(ACGIH) has established a TLV of 200 ppm as an 8-hour TWA for R-1150.
EPA anticipates that users will be able to meet the TLV and address
potential health risks by following the use condition limiting charge
sizes to 150 g and the requirements and recommendations in the
manufacturer's SDS, ASHRAE Standard 15, UL Standard 61010-2-011, 2nd
Edition, and other safety precautions common to the refrigeration and
AC industry.50 51
---------------------------------------------------------------------------

\50\ ASHRAE, 2019b.
\51\ ICF, 2022o. Op. cit.
---------------------------------------------------------------------------

Comparison to other substitutes in this end-use: R-1150 has an ODP
of zero, comparable to or less than other listed substitutes in this
end-use with ODPs ranging from zero to 0.098. For new VLTR equipment,
R-1150's GWP of four is comparable to that of other acceptable
substitutes such as ethane and CO<INF>2</INF>, with respective GWPs of
5.5 and one, and lower than other acceptable substitutes such as R-
410A, R-507A, and HFC-23 with respective GWPs of 1,890, 3,990, and
14,800.
R-1150 is a VOC that is more photochemically reactive and more
likely to cause ground-level ozone pollution than acceptable
refrigerants in this end-use. For example, R-1150 has a MIR of 9.07 g-
O<INF>3</INF>/g-substance, which is higher than propane's MIR of 0.56
g-O<INF>3</INF>/g-substance or ethane's MIR of 0.28 g-O<INF>3</INF>/g-
substance.\52\ EPA addresses this potential risk through a narrowed use
limit, restricting use of this refrigerant to VLTR equipment designed
to reach temperatures lower than -80 [deg]C (-112 [deg]F). See section
II.F.6 below for a discussion of the finalized narrowed use limits.
---------------------------------------------------------------------------

\52\ In addition to being an acceptable refrigerant in very low
temperature refrigeration, ethane's MIR is one threshold that EPA
considers in deciding whether a compound makes a negligible
contribution to tropospheric ozone formation and should be excluded
from EPA's regulatory definition of VOC (see 40 CFR 51.100(s)) for
the purpose of addressing the development of SIPs to attain and
maintain the NAAQS.
---------------------------------------------------------------------------

Flammability risks of R-1150 are comparable to flammability risks
of other available substitutes in the same end-use, such as ethane,
while R-1150's flammability risks are higher than those of nonflammable
refrigerants such as R-410A, CO<INF>2</INF>, or HFC-23. Flammability
risks can be addressed by following the finalized use conditions, such
as use only in new equipment that is designed and tested to meet the UL
Standard 61010-2-011. See section II.F.4 below for a discussion of the
use conditions.
Toxicity risks are comparable to or lower than toxicity risks of
other available substitutes in the same end-use. Toxicity risks can be
minimized by use consistent with the TLV issued by the ACGIH, ASHRAE
Standard 15, UL 61010-2-011--which applies under the final use
conditions--and other industry standards, recommendations in the
manufacturer's SDS, and other safety precautions common in the
refrigeration and AC industry.
Although R-1150 presents a higher risk to local air quality than
other available alternatives for this end-use, other alternatives such
as ethane, propane, and most HFOs or HFCs, that are less
photochemically reactive than R-1150 are not able to attain
temperatures as low as those attainable by R-1150 because of their
higher boiling points. Thus, EPA is finalizing listing this substitute
as acceptable subject to use conditions and narrowed use limits in
VLTR.
4. What use conditions is EPA finalizing?
(1) EPA is finalizing the following use conditions to address
flammability risks of R-1150: New equipment only--R-1150 may be used
only in new equipment designed specifically and clearly identified for
the refrigerant, i.e., the substitute shall not be used as a conversion
or ``retrofit'' refrigerant for existing equipment.
(2) UL Standard--R-1150 may be used only in laboratory equipment
that meet all requirements listed in the 2nd edition, dated May 13th,
2021, of UL Standard 61010-2-011, ``Safety Requirements for Electrical
Equipment for Measurement, Control, and Laboratory Use--Part 011:
Particular Requirements for Refrigerating Equipment.'' In cases where
this final rule includes requirements different than those of UL 61010-
2-011, 2nd Edition, EPA is requiring that the equipment meet the
requirements of this final rule in place of the requirements in the UL
Standard. Requirements of note include:
<bullet> Warning labels--The following markings, or the equivalent,
must be provided in letters no less than 6.4 millimeter (\1/4\ inch)
high and must be permanent:
i. Attach near the machine compartment: ``DANGER--Risk of Fire or
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing''
ii. Attach near the machine compartment: ``CAUTION--Risk of Fire or
Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner's
Guide Before Attempting To Service This Product. All Safety Precautions
Must Be Followed.''
iii. Attach on the exterior of the refrigeration equipment:
``CAUTION--Risk of Fire or Explosion. Dispose of Properly In Accordance
With Federal Or Local Regulations. Flammable Refrigerant Used.''
iv. Attach near all exposed refrigerant tubing: ``CAUTION--Risk of
Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow
Handling Instructions Carefully. Flammable Refrigerant Used.''
v. Attach on the exterior of the refrigeration equipment: ``This
equipment is intended for use in commercial, industrial, or
institutional occupancies as defined in the Safety Standard for
Refrigeration Systems, ANSI/ASHRAE 15.''
vi. Attach on the exterior of the shipping carton: ``CAUTION--Risk
of Fire or Explosion. Dispose of Properly In Accordance With Federal Or
Local Regulations.''
vii. The instructions shall include the following warnings as
necessary:
a. ``WARNING: Ensure all ventilation openings are not obstructed.''
b. ``WARNING: Do not use mechanical devices or other means to
accelerate the defrosting process, other than those recommended by the
manufacturer.''
c. ``WARNING: Do not damage the refrigerant circuit.''

[[Page 26406]]

<bullet> Markings--Equipment must have distinguishing red (PMS #185
or RAL 3020) color-coded hoses and piping to indicate use of a
flammable refrigerant. The laboratory equipment shall have marked
service ports, pipes, hoses and other devices through which the
refrigerant is serviced. Markings shall extend at least 1 inch (25 mm)
from the servicing port and shall be replaced if removed.
(3) Charge size--Equipment must use no more than 150 g of R-1150 in
each refrigerant circuit using this refrigerant.
EPA notes that there may be other legal obligations pertaining to
the manufacture, use, handling, and disposal of the proposed
refrigerant that are not included in the information listed in the
tables included in the regulatory text (e.g., the CAA section 608(c)(2)
venting prohibition,\4\ or Department of Transportation requirements
for transport of flammable gases). Flammable refrigerants being
recovered or otherwise disposed of from VLTR appliances are likely to
be hazardous waste under RCRA (see 40 CFR parts 260-270).
5. Why is EPA finalizing these specific use conditions?
EPA is finalizing listing R-1150 as acceptable, subject to use
conditions, for use in the VLTR end-use for new equipment reaching
temperatures lower than -80 [deg]C (-112 [deg]F). The use conditions
are identified in the listing under subheading II.F.4, above, and are
explained here in greater detail. The use conditions EPA is finalizing
include conditions requiring use of R-1150 in new equipment, which can
be specifically designed for the refrigerant; use consistent with UL
61010-2-011, 2nd Edition, including testing, charge sizes, ventilation,
usage space requirements, and certain hazard warnings and markings; and
limiting charge size to 150 g of R-1150 per refrigerant circuit. The
finalization of these use conditions is intended to allow for the use
of R-1150, a flammable refrigerant, in a manner that will ensure it
does not pose a greater overall risk to human health and the
environment than other substitutes in this end-use.
New Equipment Only; Not Intended for Use as a Retrofit Alternative
EPA is finalizing that R-1150 may be used only in new equipment
\53\ which has been designed to address concerns unique to flammable
refrigerants--i.e., this substitute may not be used as a conversion or
``retrofit'' refrigerant for existing equipment. The information that
EPA has considered in our review of flammability risks of this
refrigerant in this end-use is based on designing and testing new
equipment, and not on mitigation methods specific to retrofitting of
existing equipment designed for non-flammable refrigerants. Neither the
submitters nor public commenters suggests that EPA should consider
listing R-1150 for retrofit use. Therefore, EPA is finalizing that R-
1150 can only be used in new equipment properly designed for its use.
This requirement does not affect the ability to service equipment using
R-1150 once installed, including the adding of refrigerant or replacing
components.
---------------------------------------------------------------------------

\53\ This is intended to mean a completely new refrigeration
circuit containing a new compressor, evaporator, and condenser.
---------------------------------------------------------------------------

Standards
EPA is finalizing that R-1150 may be used only in equipment that
meets all requirements in UL 61010-2-011, 2nd Edition. This UL standard
indicates that refrigerant charges greater than 150 g are beyond its
scope and that additional requirements apply, such as for instance
ASHRAE 15-2019. EPA has only evaluated equipment that fits within the
scope of UL 61010-2-011.
UL has developed safety standards including requirements for
construction and system design, for markings, and for performance tests
concerning refrigerant leakage, ignition of switching components,
surface temperature of parts, and component strength after being
scratched. Certain aspects of system construction and design, including
charge size, ventilation, and installation space, and greater detail on
markings, are discussed further below in this section. The UL Standard
was developed in an open and consensus-based approach, with the
assistance of experts in the laboratory equipment industry as well as
experts involved in assessing the safety of products. While similar
standards exist from other bodies such as the IEC, we are finalizing to
rely on a specific UL standard that is most applicable and recognized
by the U.S. market. This approach is the same as that in our previous
rules on flammable refrigerants (e.g., 76 FR 78832, December 20, 2011;
80 FR 19454, April 10, 2015; 86 FR 24444, May 6, 2021).
A summary of the requirements of UL 61010-2-011, 2nd Edition as
they affect R-1150 and the end-use addressed in this section of the
rule follows. This summary is offered for information only and does not
provide a complete review of the requirements in this standard. UL
61010-2-011, 2nd Edition requires the warning labels on the equipment
to contain letters at least \1/4\ inch high. The label must be
permanently affixed to the equipment. Warning label language
requirements are described in section II.F.4 of this proposed rule.
Additionally, red markings, similar to those EPA has applied as use
conditions in past actions for flammable refrigerants (76 FR 78832,
December 20, 2011; 80 FR 19454, April 10, 2015; 86 FR 24444, May 6,
2021), are required by UL 61010-2-011, 2nd Edition for A2 and A3
refrigerants to establish a common, familiar and standard means of
identifying the use of a flammable refrigerant.
These red markings will help technicians immediately identify the
use of a flammable refrigerant, thereby potentially reducing the risk
of using sparking equipment or otherwise having an ignition source
nearby. The colored plastic sleeve or cap would have to be forcibly
removed in order to access the service port, hose, or pipe. This would
signal to the technician that the refrigeration circuit that she/he was
about to access contained a flammable refrigerant, even if all warning
labels were somehow removed. This sleeve would be of the same red color
(PMS #185 or RAL 3020) and could also be boldly marked with a graphic
to indicate the refrigerant was flammable. The use of a colored plastic
sleeve or cap that is boldly marked with a graphic could be a cost-
effective alternative to painting or dyeing the service port, hose, or
pipe.
Charge Size Limitation
Among the provisions in UL 61010-2-011, 2nd Edition are limits on
the amount of refrigerant allowed in each appliance. The limitations on
refrigerant charge size for VLTR are consistent with UL 61010-2-011,
2nd Edition to reduce the risk to workers and consumers. EPA is
requiring a charge size limit of 150 g for each refrigerant circuit or
stage for the proposed refrigerant. Section 1.1.1 of the UL Standard
states, ``This document details all the requirements when up to 150 g
of FLAMMABLE REFRIGERANT are used per stage of a REFRIGERATING SYSTEM.
Additional requirements beyond the current scope of this document apply
if a REFRIGERANT charge of FLAMMABLE REFRIGERANT exceeds this amount.''
Thus, in order to ensure the standard's provisions apply and
sufficiently address flammability risk, EPA is requiring that each
refrigerant circuit must contain no more than 150 g of R-1150.
In addition to the general requirement that each refrigerant
circuit must contain no more than 150 g of R-1150,

[[Page 26407]]

UL 61010-2-011, 2nd Edition has a requirement for the maximum charge
for remote condensing unit using a flammable refrigerant in Annex DD
and Table DD.1. Section DD.2.4 of Annex DD sets requirements for the
minimum associated room area for a given charge, based on a maximum
refrigerant concentration of 0.38 lb/1000 ft\3\, 5200 ppm, or 6 g/m\3\
for R-1150.
6. What narrowed use limits is EPA finalizing?
EPA is finalizing the following narrowed use limits for use of R-
1150 in VLTR:
(1) Temperature range--R-1150 may only be used in equipment
designed specifically to reach temperatures lower than -80 [deg]C (-112
[deg]F).
(2) The manufacturers of new very low temperature equipment must
demonstrate that other alternatives are not technically feasible. They
must document the results of their evaluation that showed the other
alternatives to be not technically feasible and maintain that
documentation in their files. This documentation, which does not need
to be submitted to EPA unless requested to demonstrate compliance,
``shall include descriptions of substitutes examined and rejected,
processes or products in which the substitute is needed, reason for
rejection of other alternatives, e.g., performance, technical or safety
standards, and the anticipated date other substitutes will be available
and projected time for switching to other available substitutes.'' (40
CFR 82.180(b)(3)).
7. Why is EPA finalizing these specific narrowed use limits?
The boiling point (b.p.) of a refrigerant determines the coldest
temperature it can reach within its refrigerating capabilities. R-1150
has a b.p. of -104 [deg]C, allowing it to refrigerate as cold as -104
[deg]C. There are a limited number of refrigerants that are capable of
reaching temperatures below -80 [deg]C, such as the ODSs CFC-13 (b.p.,
-81.4 [deg]C) and R-503 (b.p., -88.9 [deg]C), and among the acceptable
refrigerants in this end-use, ethane (b.p., -88.3 [deg]C) and the high
GWP refrigerants HFC-23 (b.p., -84.4 [deg]C), R-508A (b.p., -87.4
[deg]C) and R-508B (b.p., -87.4 [deg]C).\54\ Given the limited
refrigerant options available for equipment designed to reach the sub -
80 [deg]C temperature range, EPA understands there is a need for
listing R-1150. However, EPA believes that limiting the use of R-1150
to VLTR equipment designed to reach temperatures lower than -80 [deg]C
(-112 [deg]F) is necessary to mitigate local air quality concerns
discussed in section II.F.3 that could occur with broad use, given the
reactivity of VOC and its potential to contribute to ground-level ozone
in areas like Los Angeles. If R-1150 were used without limitation
across the refrigeration and AC sector, it could have significant
impacts on local air quality. For equipment in this end-use designed to
reach temperatures higher than -80 [deg]C (-112 [deg]F), other
alternatives with lower reactivities are widely available, e.g.,
CO<INF>2</INF>, ethane, propane, and R-410A. There are sufficient
refrigerant options available to fill the need in VLTR equipment
designed to reach temperatures higher than -80 [deg]C (-112 [deg]F)
without allowing the use of refrigerants as photochemically reactive as
R-1150. By including narrowed use limits, EPA is only allowing the use
of R-1150, a refrigerant with higher reactivity, when it is the only
technically feasible option available.
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\54\ Engineering ToolBox, 2005. Refrigerants--Physical
Properties. Available online at: <a href="https://www.engineeringtoolbox.com/refrigerants-d_902.html">https://www.engineeringtoolbox.com/refrigerants-d_902.html</a> Accessed October 28, 2021.
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8. What additional information is EPA including in this final listing?
EPA is providing additional information related to this listing.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
substitute under the SNAP program. See section II.E.2 above for further
discussion on what additional information EPA is including in this
final listing. While the items listed are not legally binding under the
SNAP program, EPA encourages users of substitutes to apply all
statements in the ``Further Information'' column in their use of these
substitutes as best practices for safer use.
9. How is EPA responding to comments on VLTR?
No comments were received relating to the proposed listing of R-
1150 in VLTR. For the reasons explained above, EPA is finalizing this
section of the rule as proposed.

G. Streaming and Total Flooding Fire Suppression--Listing of 2-bromo-
3,3,3 trifluoropropene (2-BTP) as Acceptable, Subject to Use
Conditions, as a Streaming Agent in Non-Residential Applications and as
a Total Flooding Agent in Normally Unoccupied Spaces Under 500 ft\3\

1. Background on Streaming and Total Flooding Fire Suppression
The fire suppression and explosion protection end-uses addressed in
this action are total flooding and streaming. Total flooding systems,
which historically employed halon 1301 as a fire suppression agent, are
used in both normally occupied and unoccupied areas. In the United
States, approximately 90 percent of installed total flooding systems
protect anticipated hazards from ordinary combustibles (i.e., Class A
fires), while the remaining ten percent protect against applications
involving flammable liquids and gases (i.e., Class B fires).\55\ It is
also estimated that approximately 75 percent of total flooding systems
protect electronics (e.g., computers, telecommunications, process
control areas), while the remaining 25 percent protect other
applications, primarily in civil aviation (e.g., engine nacelles/
auxiliary power units, cargo compartments, lavatory trash receptacles),
military weapons systems (e.g., combat vehicles, machinery spaces on
ships, aircraft engines and tanks), oil/gas and manufacturing
industries (e.g., gas/oil pumping, compressor stations), and maritime
(e.g., machinery space, cargo pump rooms). Streaming applications,
which have historically used halon 1211 as an extinguishing agent,
include portable fire extinguishers designed to protect against
specific hazards.
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\55\ Wickham, 2002. Status of Industry Efforts to Replace Halon
Fire Extinguishing Agents. March 2002.
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2. What is EPA's final listing decision for 2-BTP?
As proposed, EPA is finalizing listing 2-BTP as acceptable, subject
to use conditions. The use conditions are for use in normally
unoccupied spaces under 500 ft\3\ in total flooding fire suppression
systems, and as a streaming agent for use in non-residential
applications, except for commercial home office and personal
watercraft. EPA received one comment on the proposed listing of 2-BTP,
and the commenter supported finalizing the rule as proposed. 2-BTP was
previously listed as acceptable, subject to use conditions, for use in
engine nacelles and auxiliary power units on aircraft in total flooding
fire suppression systems and for use in aircraft as a streaming agent
(81 FR 86778, December 1, 2016).
The redacted submission and supporting documentation for 2-BTP are
provided in the docket for this proposed rule (EPA-HQ-OAR-2021-0836) at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed assessments to examine the
health and environmental risks of this substitute during equipment
production operations and the filling of

[[Page 26408]]

fire extinguishers as well as in the case of an inadvertent discharge
of the system during maintenance activities on the fire extinguishing
system. These assessments are available in the docket for this
rule.56 57
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\56\ ICF, 2022q. Risk Screen on Substitutes in Total Flooding
Systems in Normally Unoccupied Spaces. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
\57\ ICF, 2022r. Risk Screen on Substitutes as Streaming Agents
in Non-Residential Applications. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
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3. What is 2-BTP and how does it compare to other fire suppressants in
the same end-uses?
a. Total Flooding
Environmental information: 2-BTP has an ODP of 0.0028
58 59 60 and a GWP of 0.23-0.26.\61\ 2-BTP is considered a
VOC and is not excluded from EPA's regulatory definition of VOC (see 40
CFR 51.100(s)) for the purpose of addressing the development of SIPs to
attain and maintain the NAAQS.
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\58\ Patten, et al., 2011. OH, reaction rate constant, IR
absorption spectrum, ozone depletion potentials and global warming
potentials of 2-bromo-3,3,3-trifluoropropene

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.