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Rule2024-11690

Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Commercial and Industrial Refrigeration

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Published

June 13, 2024

Effective

July 15, 2024

Issuing agencies

Environmental Protection Agency

Abstract

Pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program, this action lists several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is incorporating by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also exempts propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the Clean Air Act (CAA) on knowingly venting, releasing, or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of existing evidence, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment.

Full Text

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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50410-50497]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11690]

[[Page 50409]]

Vol. 89

Thursday,

No. 115

June 13, 2024

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 Commercial and
Industrial Refrigeration; Final Rule

Federal Register / Vol. 89 , No. 115 / Thursday, June 13, 2024 /
Rules and Regulations

[[Page 50410]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2023-0043; FRL-10125-02-OAR]
RIN 2060-AV77

Protection of Stratospheric Ozone: Listing of Substitutes Under
the Significant New Alternatives Policy Program in Commercial and
Industrial Refrigeration

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 several
substitutes as acceptable, subject to use conditions, for retail food
refrigeration, commercial ice machines, industrial process
refrigeration, cold storage warehouses, and ice skating rinks. Through
this action, EPA is incorporating by reference standards which
establish requirements for commercial refrigerating appliances and
commercial ice machines, safe use of flammable refrigerants, and safe
design, construction, installation, and operation of refrigeration
systems. This action also exempts propane, in the refrigerated food
processing and dispensing end-use, from the prohibition under the Clean
Air Act (CAA) on knowingly venting, releasing, or disposing of
substitute refrigerants in the course of maintaining, servicing,
repairing or disposing of an appliance or industrial process
refrigeration, as the Administrator is determining, on the basis of
existing evidence, that such venting, release, or disposal of this
substance in this end-use does not pose a threat to the environment.

DATES: This rule is effective July 15, 2024. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of July 15, 2024. The incorporation
by reference of certain other material listed in the rule was approved
by the Director of the Federal Register as of February 21, 2012 (76 FR
78832), May 11, 2015 (79 FR 19454), and January 3, 2017 (81 FR 86778).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2023-0043. 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: Perrin Krisko, Stratospheric
Protection Division, Office of Atmospheric Protection (Mail Code
6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number: 202-564-2328; email address:
<a href="/cdn-cgi/l/email-protection#c3a8b1aab0a8aceda0afa2b6a7aaa283a6b3a2eda4acb5">[email&#160;protected]</a>. Notices and rulemakings under EPA's Significant
New Alternatives Policy (SNAP) 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. Retail Food Refrigeration--Listing of HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject
to Use Conditions, for Use in New Stand-Alone Units, Remote
Condensing Units, Supermarket Systems, and Refrigerated Food
Processing and Dispensing Equipment and Listing of R-454A as
Acceptable, Subject to Use Conditions, for Use in New Remote
Condensing Units and Supermarket Systems
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A 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
listings?
6. How is EPA responding to comments on retail food
refrigeration?
B. Retail Food Refrigeration--Listing R-290 as Acceptable,
Subject to Use Conditions, for Use in New Refrigerated Food
Processing and Dispensing Equipment and Revision of the Use
Conditions Provided in the Previous Listings of R-290 as Acceptable,
Subject to Use Conditions, for Use in New Stand-Alone Units
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is R-290 and how does it compare to other refrigerants
in the refrigerated food processing and dispensing equipment end-use
category?
4. Why is EPA finalizing these specific use conditions for
refrigerated food processing and dispensing equipment?
5. How does the listing for R-290 in refrigerated food
processing and dispensing equipment relate to regulations
implementing the venting prohibition under CAA section 608?
6. What existing use conditions apply to this refrigerant in the
stand-alone units end-use category?
7. What updates to existing use conditions for stand-alone units
is EPA finalizing?
8. How do the new use conditions for R-290 in stand-alone units
differ from the existing ones and why is EPA changing the use
conditions?
9. What additional information is EPA including in these
listings?
10. How is EPA responding to comments on listing R-290 in
refrigerated food processing and dispensing equipment and updating
the use conditions for R-290 in stand-alone units?
C. Commercial Ice Machines--Listing of HFC-32, HFO-1234yf, R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Commercial Ice Machines
1. Background on Commercial Ice Machines
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A,
R-457A, and R-516A 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
listings?
6. How is EPA responding to comments on commercial ice machines?
D. Commercial Ice Machines--Revision of the Use Conditions in
the Previous Listing of R-290 as Acceptable, Subject to Use
Conditions, for Use in New Self-Contained Commercial Ice Machines
1. Background on Commercial Ice Machines
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is R-290 and where is there information on its use in
this end-use?
4. What existing use conditions apply to this refrigerant in
this end-use?
5. What updates to existing use conditions for commercial ice
machines is EPA finalizing?
6. How do the new use conditions for commercial ice machines
differ from the existing ones and why is EPA changing the use
conditions?
7. What additional information is EPA including in this listing?

[[Page 50411]]

8. How is EPA responding to comments on listing R-290 and
updating the use conditions for R-290 in self-contained commercial
ice machines?
E. Industrial Process Refrigeration--Listing of HFC-32, HFO-
1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and
R-516A as Acceptable, Subject to Use Conditions, for Use in New
Industrial Process Refrigeration
1. Background on Industrial Process Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A 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
listings?
6. How is EPA responding to comments on industrial process
refrigeration?
F. Cold Storage Warehouses--Listing of HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Cold Storage Warehouses
1. Background on Cold Storage Warehouses
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A 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
listings?
6. How is EPA responding to comments on cold storage warehouses?
G. Ice Skating Rinks--Listing of HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Ice Skating Rinks With a Remote
Compressor
1. Background on Ice Skating Rinks
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A 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
listings?
6. How is EPA responding to comments on ice skating rinks?
H. Use Conditions and Further Information for Retail Food
Refrigeration, Commercial Ice Machines, Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks With a
Remote Compressor
1. What use conditions is EPA finalizing and why?
2. What additional information is EPA including in these
listings?
3. How is EPA responding to comments on use conditions?
I. Exemption for R-290 From the Venting Prohibition Under CAA
Section 608 for Refrigerated Food Processing and Dispensing
Equipment
1. What is EPA's final determination regarding whether venting,
releasing, or disposing of R-290 in refrigerated food processing and
dispensing equipment would pose a threat to the environment?
2. What is EPA's final determination regarding whether venting
of R-290 from refrigerated food processing and dispensing equipment
is exempted from the venting prohibition under CAA section
608(c)(2)?
3. When will the exemption from the venting prohibition apply?
4. What is the relationship between this exemption under CAA
section 608(c)(2) and other EPA rules?
5. How is EPA responding to comments on the exemption for R-290
from the venting prohibition?
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 14094: Modernizing 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
Incorporation by Reference
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act
IV. References

I. General information

A. Executive Summary and Background

EPA is finalizing new and revised listings after its evaluation of
human health and environmental information for these substitutes under
the Significant New Alternatives Policy (SNAP) program. The Agency is
finalizing action on new and revised listings in the refrigeration and
air conditioning (AC) sector based on the information that EPA has
included in the docket. This final action provides new refrigerant
options, thereby increasing flexibility for industry, in specific uses.
This action lists new alternatives for the refrigeration and AC
sector. Specifically, EPA is:
<bullet> Listing hydrofluoroolefin (HFO)-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as acceptable, subject to use
conditions, for use in new retail food refrigeration equipment (i.e.,
stand-alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment);
<bullet> Listing R-454A as acceptable, subject to use conditions,
for use in new remote condensing units and supermarket systems;
<bullet> Listing R-290 (propane) as acceptable, subject to use
conditions, for use in new refrigerated food processing and dispensing
equipment and revising the existing use conditions for R-290 in new
stand-alone units.
<bullet> Listing HFO-1234yf, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines;
<bullet> Listing hydrofluorocarbon (HFC)-32, R-454A, and R-454B as
acceptable, subject to use conditions, for use in new commercial ice
machines with a remote compressor, for batch-type self-contained
automatic commercial ice machines with a harvest rate above 1,000 lb
ice per 24 hours, and for continuous type self-contained automatic
commercial ice machines with a harvest rate above 1,200 lb ice per 24
hours;
<bullet> Revising the existing use conditions for R-290 for use in
new self-contained commercial ice machines;
<bullet> Listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new
equipment for industrial process refrigeration (IPR), including
chillers and direct expansion IPR equipment;
<bullet> Listing HFC-32, R-454A, and R-454B as acceptable, subject
to use conditions, for use in new equipment for IPR, including chillers
and direct expansion IPR equipment where the temperature of the
refrigerant entering the evaporator is less than or equal to -30 [deg]C
(-22 [deg]F);
<bullet> Listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A as acceptable, subject to use conditions, for use in
new cold storage warehouses; and
<bullet> Listing HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new ice
skating rinks with a remote compressor.
In general, the final use conditions are consistent across the
various substitutes and end-uses contained in this final

[[Page 50412]]

rule. Because of this similarity, EPA discusses the final use
conditions that apply to retail food refrigeration, commercial ice
machines, industrial process refrigeration, cold storage warehouses,
and ice skating rinks in section II.H of this preamble. In summary, the
common use conditions are:
(1) These refrigerants may be used only in new equipment, designed
specifically and clearly identified for use with the refrigerant. None
of these listings provide for use of the substitutes in a conversion or
``retrofit'' refrigerant for existing equipment.
(2) These refrigerants may be used in equipment that a) is
consistent with the requirements listed in the 2nd edition (dated
October 27, 2021) of UL \1\ Standard 60335-2-89, ``Household and
Similar Electrical Appliances--Safety--Part 2-89: Requirements for
Commercial Refrigerating Appliances and Ice-Makers with an Incorporated
or Remote Refrigerant Unit or Motor-Compressor'' (hereafter ``UL 60335-
2-89,'' which refers to the 2nd edition of UL 60335-2-89 unless
otherwise stated), and b) is installed consistent with the requirements
of ASHRAE 15-2022, ``Safety Standard for Refrigerating Systems.'' For
equipment outside the scope of UL 60335-2-89, as described later in
this document, or that is located in industrial occupancies as defined
in ASHRAE 15-2022, refrigerants listed herein must be used in equipment
that is installed in a manner consistent with ASHRAE 15-2022. For R-
290, which already has listings that incorporate by reference earlier
UL standards, EPA is providing a transition period when equipment may
meet either the earlier UL standard or UL 60335-2-89. Stand-alone units
or self-contained commercial ice machines using R-290 that are
unchanged, except for cosmetic changes, from the model or design that
was previously certified to the UL 471 (10th edition) or UL 563
standard (8th edition) may continue to be manufactured consistent with
those standards.
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\1\ UL, formerly known as Underwriters Laboratories.
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(3) These refrigerants must be used with warning labels on the
equipment and packaging that are similar to or match verbatim those
required by UL 60335-2-89.\2\
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\2\ Or for equipment using R-290 following the requirements of
UL 471 or UL 563, they must use the warning labels required in those
listings, which match those required by those standards.
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(4) Equipment must be marked with distinguishing red color-coded
hoses and piping to indicate use of a flammable refrigerant and marked
service ports, pipes, hoses, and other devices through which the
refrigerant is serviced.
(5) Equipment must be marked with one or more flammability warning
symbols--either that in Clause 7.6DV D1 of UL 60335-2-89, 2nd edition;
that in Annex 1 to Globally Harmonized System of Classification and
Labelling of Chemicals (GHS), 9th edition, for hazard category 1
flammable gases; or marked with both symbols.
Additional use conditions specific to particular end-uses may also
apply and are discussed with each final listing. The regulatory text of
the final listings, including the final use conditions and further
information, appears in tables at the end of this document. The final
listings will appear in appendix Y to 40 Code of Federal Regulations
(CFR) part 82, subpart G. The final revised listings for R-290 in new
retail food refrigeration equipment (stand-alone units only) and in new
self-contained commercial ice machines will appear, respectively, in
appendices R and V to 40 CFR part 82, subpart G.
There may be other legal obligations pertaining to the manufacture,
use, handling, and disposal of the listed substitutes that are not
included in the information in the tables (e.g., the CAA section
608(c)(2) venting prohibition or U.S. Department of Transportation
(DOT) requirements for transport of flammable gases). Flammable
refrigerants being recovered or otherwise disposed of from commercial
or industrial refrigeration equipment are likely to be hazardous waste
under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR
parts 260 through 270). In addition, EPA issued a final Technology
Transitions Rule under subsection (i) of the American Innovation and
Manufacturing Act of 2020 (hereafter referred to as ``the AIM Act'')
(88 FR 73098; October 24, 2023;). Under that rule, EPA restricts the
use of many HFC refrigerants in a variety of subsectors within the
Refrigeration, Air Conditioning, and Heat Pumps sector, including in
technologies covered by this final SNAP rule.\3\ Throughout this
document, EPA notes relevant restrictions on refrigerants under the
final Technology Transitions Rule. In finalizing the listing decisions
in this rulemaking, EPA is cognizant of the restrictions established
under the Technology Transitions Rule. This is because the listings in
this SNAP rule are generally intended to expand the universe of
available options in certain end-uses. EPA recognizes that there could
be situations where there would be little practical value in listing
alternatives acceptable under SNAP that cannot legally be used in a
particular end-use due to restrictions under Technology Transitions
Rule, and this consideration could be particularly pronounced with
respect to those alternatives that would be subject to restrictions
under the Technology Transitions Rule in the near future (e.g., as of
January 1, 2025). However, the SNAP and Technology Transitions programs
are established under different legal authorities and use separate
frameworks for making decisions. Substitutes that are listed as
acceptable, acceptable subject to use conditions, acceptable subject to
narrowed use limits, or unacceptable under the SNAP program are
evaluated through a comparative risk framework that considers the
overall risk posed to human health and the environment for specific
end-uses. In evaluating the substitutes listed in this rule, EPA has
considered whether they 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, consistent with its
approach under SNAP.
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\3\ End-uses under SNAP are included in the similar concept of
subsectors defined in the Technology Transitions Rule (88 FR 73098,
October 24, 2023).
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In addition, EPA is exempting R-290 used in the refrigerated food
processing and dispensing end-use from the prohibition under CAA
section 608(c)(2) on knowingly venting, releasing, or disposing of
substitute refrigerants in the course of maintaining, servicing,
repairing or disposing of an appliance or industrial process
refrigeration, as the Administrator is determining, on the basis of
current evidence described later in this preamble, that such venting,
release, or disposal of this substance in this end-use does not pose a
threat to the environment. This exemption is being finalized in the
regulations under CAA section 608 at 40 CFR 82.154(a)(1), which
addresses the statutory prohibition and exemptions from it.
SNAP Program Background
The SNAP program implements CAA section 612. 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))

[[Page 50413]]

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 published or unpublished health and safety studies on such
substitutes.
The regulations for the SNAP program are promulgated at 40 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.'' 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 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 following criteria in 40 CFR 82.180(a)(7): (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, statutory and regulatory requirements so listed are
binding under other authorities (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 rule 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.
Background on Requirements Concerning Venting, Release, or Disposal of
ODS and Substitute Refrigerants Under CAA Section 608
The statutory requirements concerning venting, release, or disposal
of ODS refrigerants and substitutes for ODS used as refrigerants are
under CAA section 608, and EPA's authority to promulgate the regulatory
revisions in this action is based in part on CAA section 608. Section
608 of the Act, as amended, titled National Recycling and Emission
Reduction Program, requires, among other things, that EPA establish
regulations governing the use and disposal of ODS used as refrigerants,
such as certain CFCs and HCFCs, during the service, repair, or disposal
of appliances and IPR.\4\ Section 608(c)(1) provides that it is
unlawful for any person in the course of maintaining, servicing,
repairing, or disposing of an appliance (or IPR) to knowingly vent, or
otherwise knowingly release or dispose of, any class I or class II
substance used as a refrigerant in that appliance (or IPR) in a manner
which permits the ODS to enter the environment.
---------------------------------------------------------------------------

\4\ Additional information about the 608 Refrigerant Management
Program is available in EPA's rules implementing that program, such
as rules published on May 14, 1993 (58 FR 28660), November 18, 2016
(81 FR 82272), and March 11, 2020 (85 FR 14150).
---------------------------------------------------------------------------

Section 608(c)(2) extends the prohibition in section 608(c)(1) to
knowingly venting or otherwise knowingly releasing or disposing of any
refrigerant substitute for class I or class II substances by any person
maintaining, servicing, repairing, or disposing of appliances or IPR.
This prohibition applies to any substitute refrigerant unless the
Administrator determines that such venting, releasing, or disposing
does not pose a threat to the environment. Thus, section 608(c)
provides EPA authority to promulgate regulations to interpret,
implement, and enforce this prohibition on venting, releasing, or
disposing of class I or class II substances used as refrigerants and
their substitutes, which we also refer to as the ``venting
prohibition'' in this final

[[Page 50414]]

action. EPA's authority under section 608(c) includes authority to
implement section 608(c)(2) by exempting certain substitutes for class
I or class II substances from the venting prohibition when the
Administrator determines that such venting, release, or disposal does
not pose a threat to the environment.
EPA has established regulations clarifying how the venting
prohibition in section 608(c) applies to ODS and substitute (e.g., HFCs
and perfluorocarbons (PFCs)) refrigerants. These regulations are
codified at 40 CFR part 82, subpart F. In relevant part, they provide
that no person maintaining, servicing, repairing, or disposing of an
appliance or industrial process refrigeration may knowingly vent or
otherwise release into the environment any refrigerant (including
substitute refrigerants) from such appliances or industrial process
refrigeration, with the exception of certain specified substitutes in
the specified end-uses, as provided in 40 CFR 82.154(a).
EPA has exempted from the venting prohibition several hydrocarbon
(HC) refrigerant substitutes, including R-290, in specific end-uses
where the Agency also listed the substitutes as acceptable, subject to
use conditions, under the SNAP program. See, for example, EPA's
regulations issued May 23, 2014 (79 FR 29682), April 10, 2015 (80 FR
19453), and December 1, 2016 (81 FR 86778).\5\ Those regulatory
exemptions do not apply to blends of hydrocarbons (HCs) with other
refrigerants or containing any amount of any CFC, HCFC, HFC, or PFC.
The exemptions for R-290 by end-use are codified at 40 CFR
82.154(a)(1)(viii).
---------------------------------------------------------------------------

\5\ The United States Court of Appeals for the District of
Columbia Circuit (``the court'') issued a partial vacatur of the
December 1, 2016, rule ```to the extent' it required manufacturers
to replace already lawfully installed HFC substitutes.'' See
Mexichem Fluor, Inc. v. EPA, Judgment, Case No. 17-1024 (D.C. Cir.,
April 5, 2019), 760 Fed. Appx. 6 (Mem). The court's decision on the
December 1, 2016, rule did not affect the portion of that rule that
exempted certain HC refrigerant substitutes from the venting
prohibition. This final rule is not EPA's response to the court's
decision.
---------------------------------------------------------------------------

In establishing those exemptions, EPA determined that for the
purposes of CAA section 608(c)(2), the venting, release, or disposal of
such HC refrigerant substitutes in the specified end-uses does not pose
a threat to the environment, considering both the inherent
characteristics of these substances and the limited quantities used in
the relevant applications. See, e.g., 81 FR 86778, December 1, 2016.
EPA further concluded that other authorities, controls, or practices
that apply to such refrigerant substitutes help to mitigate
environmental risk from the release of those saturated HC refrigerant
substitutes.

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> Air Conditioning and Warm Air Heating Equipment and
Commercial and Industrial Refrigeration Equipment Manufacturing (NAICS
333415)
<bullet> Refrigeration Equipment and Supplies Merchant Wholesalers
(NAICS 423740)
<bullet> Recyclable Material Merchant Wholesalers (NAICS 423930)
<bullet> Supermarkets and Other Grocery (except Convenience) Stores
(NAICS 445110)
<bullet> Convenience Stores (NAICS 445120)
<bullet> Limited-Service Restaurants (NAICS 722211)
<bullet> Appliance Repair and Maintenance (NAICS 811412)
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 these
revisions. 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?

The following acronyms and abbreviations are used in the preamble
of this document:

AC--Air Conditioning
AEL--Acceptable Exposure Limit
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
ATEL--Acute Toxicity Exposure Limit
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification
Number
CBI--Confidential Business Information
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CO<INF>2</INF>--Carbon Dioxide
DOE--United States Department of Energy
DOT--United States Department of Transportation
DX--Direct Expansion
EEAP--Environmental Effects Assessment Panel
EPA--United States Environmental Protection Agency
FR--Federal Register
GHS--Globally Harmonized System of Classification and Labeling of
Chemicals
GWP--Global Warming Potential
HC--Hydrocarbon
HCFC--Hydrochlorofluorocarbon
HCFO--Hydrochlorofluoroolefin
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HP--Heat Pump
IBC--International Building Code
ICC--International Code Council
ICF--ICF International, Inc.
IEC--International Electrotechnical Commission
IIAR--International Institute of Ammonia Refrigeration
IPCC--Intergovernmental Panel on Climate Change
IPR--Industrial Process Refrigeration
ISO--International Organization for Standardization
LFL--Lower Flammability Limit
MIR--Maximum Incremental Reactivity
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NARA--National Archives and Records Administration
NFPA--National Fire Protection Association
ODP--Ozone Depletion Potential
ODS--Ozone-Depleting Substances
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PEL--Permissible Exposure Limit
PFC--Perfluorocarbons
PMS--Pantone[supreg] Matching System
ppm--Parts Per Million
PRA--Paperwork Reduction Act
RAL--``Reichs-Ausschu[szlig] f[uuml]r Lieferbedingungen und
G[uuml]tesicherung'' Germany's National Commission for Delivery
Terms and Quality Assurance
RCRA--Resource Conservation and Recovery Act
RFA--Regulatory Flexibility Act
SDS--Safety Data Sheet
SIP--State Implementation Plan
TLV--Threshold Limit Value
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
WEEL--Workplace Environmental Exposure Limit
WMO--World Meteorological Organization

[[Page 50415]]

II. What is the Environmental Protection Agency (EPA) finalizing in
this action?

This section of the preamble describes EPA's final listings for
certain refrigerants 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 (May 24, 2023). The regulatory text for new
listings is codified in appendix Y of 40 CFR part 82, subpart G. The
regulatory text for two revised listings is codified in appendices R
and V of 40 CFR part 82, subpart G. The final regulatory text contains
listing decisions for the end-uses discussed throughout this section.

A. Retail Food Refrigeration--Listing of HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Stand-Alone Units, Remote Condensing Units,
Supermarket Systems, and Refrigerated Food Processing and Dispensing
Equipment and Listing of R-454A as Acceptable, Subject to Use
Conditions, for Use in New Remote Condensing Units and Supermarket
Systems

This final rule lists HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
all end-use categories under retail food refrigeration (i.e., stand-
alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment). EPA is also
listing R-454A as acceptable, subject to use conditions, for use in two
end-use categories under retail food refrigeration (remote condensing
units and supermarket systems). After consideration and evaluation of
comments, EPA is finalizing the listings for HFO-1234yf, HFO-1234ze(E),
R-454C, R-455A, R-457A, and R-516A in all end-use categories under
retail food refrigeration and R-454A in two end-use categories under
retail food refrigeration as proposed.
EPA is finalizing several use conditions for these end-use
categories that are in common with those finalized for other end-uses
(retail food refrigeration, commercial ice machines, IPR, cold storage
warehouses, and ice skating rinks with a remote compressor) discussed
elsewhere in this final rule. Because of this similarity, EPA discusses
the use conditions that apply to all five end-uses in detail in section
II.H of this preamble. Briefly summarized, the common use conditions
that EPA is finalizing are: restricting the use of each refrigerant to
new equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions),\6\ including testing, charge sizes,
ventilation, usage space requirements, and certain hazard warnings and
markings.
---------------------------------------------------------------------------

\6\ Exceptions include equipment that is outside the scope of UL
60335-2-89, such as commercial refrigeration products with rated
voltage of 15,000 V or greater, appliances using flammable
refrigerant in transcritical refrigeration systems, vending
machines, and pofessional ice-cream appliances. In addition, for
equipment installed in situations where that standard refers to
`national standards,' refrigerants may be used in equipment
installed consistent with the requirements of ASHRAE 15-2022 without
meeting the requirements of UL 60335-2-89.
---------------------------------------------------------------------------

For use of these substitutes in retail food refrigeration
equipment, EPA is also finalizing the use condition that these
refrigerants may only be used in commercial refrigeration equipment
that meets the requirements listed in the American National Standards
Institute (ANSI)/American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Standard 15-2022 ``Safety Standard for
Refrigeration Systems'' (hereafter ``ASHRAE 15-2022''). In cases where
the final rule includes requirements that are different than those of
ASHRAE 15-2022, EPA is finalizing that the appliance needs to meet the
requirements of this rule in addition to the requirements in ASHRAE 15-
2022. This additional use condition is discussed further in section
II.A.4 of this preamble.
For R-454A in supermarkets and remote condensing units, EPA is
finalizing an additional use condition that this substitute may only be
used in equipment with a refrigerant charge capacity less than 200
pounds or in the high-temperature side of a cascade system.
1. Background on Retail Food Refrigeration
Retail food refrigeration, an end-use within the SNAP program,
encompasses the equipment used for storing and displaying (generally
for sale) food and beverages at different temperatures necessary for
the different products (e.g., chilled and frozen food). The designs and
refrigerating capacities of equipment vary widely to ensure the proper
temperatures are achieved and maintained.
Retail food refrigeration is composed of four categories of
equipment: stand-alone units; refrigerated food processing and
dispensing equipment; remote condensing units; and supermarket systems.
EPA treats each of these four end-use categories as a separate end-use
for purposes of our evaluations of the overall risk to human health and
the environment compared to other refrigerants that are available or
potentially available for the same end-use and for purposes of listing
substitute refrigerants.
Stand-alone units are refrigerators, freezers, and reach-in coolers
(either open or with doors) where all refrigeration components are
integrated and, for the smallest types, the refrigerant circuit is
entirely brazed, welded, or uses threaded fittings. These systems are
charged with refrigerant at the factory and typically require only an
electricity supply to begin operation. Such systems are used to chill
and temporarily store perishable items for commercial sale, such as
beverages and food.
As the name suggests, refrigerated food processing and dispensing
equipment dispenses, typically through a nozzle, and often processes a
variety of food and beverage products. For instance, such equipment
will process the product by combining ingredients, mixing, and
preparing it at the proper temperature, while others function mainly as
a holding tank to deliver the product at the desired temperature or to
deliver chilled ingredients for processing, mixing, and preparation.
Some may use a refrigerant in a heat pump, or utilize waste heat from
the cooling system, to provide hot beverages. Some may also provide
heating functions for melting or dislodging ice, or for sanitation
purposes.
Refrigerated food processing and dispensing equipment can be self-
contained or can be connected via piping to a dedicated condensing unit
located elsewhere. Equipment within this end-use category includes but
is not limited to refrigerated equipment used to process and dispense
beverages and food such as: chilled and frozen beverages (carbonated
and uncarbonated, alcoholic and nonalcoholic); frozen custards, gelato,
ice cream, Italian ice, sorbets, and yogurts; milkshakes, ``slushies''
and smoothies; and whipped cream.
Remote condensing units typically have refrigerating capacities
ranging from 1kW to 20kW (0.3 to 5.7 refrigeration tons). They are
composed of one (and sometimes two) compressor(s), one condenser, and
one receiver assembled into a single unit, which is normally located
external to the sales area. This equipment is

[[Page 50416]]

connected to one or more nearby evaporator(s) used to cool food and
beverages stored in display cases and/or walk-in storage rooms. Remote
condensing units are commonly installed in convenience stores and
specialty shops such as bakeries and butcher shops.
Typical supermarket systems are also known as multiplex or
centralized systems. They operate with racks of compressors installed
in a machinery room; different compressors turn on to match the
refrigeration load necessary to maintain temperatures. Two main design
classifications are used: direct and indirect systems. In the United
States, direct systems are the most widespread. The majority of
supermarkets in the United States use centralized direct expansion (DX)
systems to cool their display cases.\7\ The refrigerant circulates from
the machinery room to the sales area, where it evaporates in display-
case heat exchangers, and then returns in vapor phase to the suction
headers of the compressor racks. The supermarket walk-in cold rooms are
often integrated into the system and cooled similarly, but an
alternative option is to provide a dedicated condensing unit for a
given storage room. Another type of supermarket design, often referred
to as a distributed refrigeration system, uses an array of separate
compressor racks located near the display cases rather than having a
central compressor rack system. Each of these smaller racks handles a
portion of the supermarket load, with five to ten such systems in a
store.
---------------------------------------------------------------------------

\7\ <a href="http://www.epa.gov/greenchill/advanced-refrigeration">www.epa.gov/greenchill/advanced-refrigeration</a>.
---------------------------------------------------------------------------

Indirect supermarket system designs include secondary loop systems
and cascade refrigeration. Indirect systems use a chiller \8\ or other
refrigeration system to cool a secondary fluid that is often circulated
throughout the store to the cases. Examples of secondary fluids include
water, brine, propylene glycol, air, and carbon dioxide
(CO<INF>2</INF>). Compact chiller versions of an indirect system rely
on a lineup of ten to 20 units, each using small charge sizes. As the
refrigeration load changes, more or fewer of the chillers are active.
Compact chillers are used in a secondary loop system whereby the
chillers cool a secondary fluid that is then circulated throughout the
store to the display cases. Each compact chiller is an independent unit
with its own refrigerant charge, reducing the potential for refrigerant
to be released from leaks or for a catastrophic failure. Cascade
systems use a compressor to raise the low-temperature, secondary fluid
from low-temperature conditions up to an intermediate temperature while
a separate, primary refrigerant system uses a different, higher
temperature refrigerant to condense the secondary fluid. Each system
within the cascade design contains its own refrigerant charge, allowing
the use of different refrigerants in each system. This application has
generally used a lower global warming potential (GWP) refrigerant,
specifically CO<INF>2</INF> (R-744), in the low-temperature system,
with a variety of refrigerants in the high-temperature system.
---------------------------------------------------------------------------

\8\ Chillers used in supermarket systems are considered within
the supermarket end-use under SNAP and the supermarket subsector
under the Technology Transitions Program.
---------------------------------------------------------------------------

Refrigerant choice may depend on the refrigerant charge size of the
equipment, desired temperature, system performance, energy efficiency,
and health, safety and environmental considerations, and cost among
other things. In addition to regulations pursuant to the SNAP program
and the AIM Act, other Federal or local regulations may also affect
refrigerant choice. For instance, regulations from OSHA may restrict or
place requirements on the use of some refrigerants, such as ammonia (R-
717). Building codes from local and State agencies may also incorporate
limits on the types and amounts of particular refrigerants used.
2. What are the ASHRAE classifications for refrigerant flammability?
The ANSI/ASHRAE Standard 34-2022 ``Designation and Safety
Classification of Refrigerants'' (hereafter ``ASHRAE 34-2022'') 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).\9\
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.
---------------------------------------------------------------------------

\9\ ASHRAE, 2022b. ANSI/ASHRAE Standard 34-2022: 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 50417]]

[GRAPHIC] [TIFF OMITTED] TR13JN24.000

Using these safety group classifications, ASHRAE 34-2022
categorizes HFO-1234yf, HFO-1234ze(E), HFC-32 and the refrigerant
blends R-454A, R-454C, R-455A, R-457A, and R-516A, which are discussed
in this section of this rule, as being in the A2L Safety Group, while
R-290 is in the A3 Safety Group.
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
HFO-1234yf and HFO-1234ze(E) are lower flammability single
component refrigerants, and R-454A, R-454C, R-455A, R-457A, and R-516A
are lower flammability refrigerant blends, all with an ASHRAE safety
classification of A2L.\10\ The respective Chemical Abstracts Service
Registry Identification Numbers (CAS Reg. Nos.) of HFO-1234yf, HFO-
1234ze(E), and the components of the refrigerant blends are listed
here.
---------------------------------------------------------------------------

\10\ 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 R-454A, R-454C, and R-
457A as acceptable, subject to use conditions, as a substitute in
residential and light commercial AC and heat pumps (86 FR 24444, May
6, 2021).
---------------------------------------------------------------------------

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). HFO-1234ze(E), also
known by the trade names ``Solstice[supreg] ze'' and ``Solstice[supreg]
1234ze,'' is also known as trans-1,3,3,3,tetrafluoroprop-1-ene (CAS
Reg. No. 29118-24-9). R-516A, also known by the trade name
``Forane[supreg] 516A,'' is a blend consisting of 77.5 percent HFO-
1234yf, 14 percent HFC-152a, and 8.5 percent HFC-134a. R-457A, also
known by the trade name ``Forane[supreg] 457A,'' is a blend consisting
of 18 percent HFC-32, 12 percent HFC-152a, and 70 percent HFO-1234yf.
R-455A, also known by the trade name ``Solstice[supreg] L40X,'' is a
blend consisting of 21.5 percent HFC-32, 75.5 percent HFO-1234yf, and
three percent R-744 (CO<INF>2</INF>). 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-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,
HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A are provided
in the docket for this rule (EPA-HQ-OAR-2023-0043) at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed a risk screening assessment to
examine the health and environmental risks of each of these
refrigerants. These risk screens are available in the docket for this
rule.11 12 13 14 15 16 17
---------------------------------------------------------------------------

\11\ ICF, 2024a. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: HFO-1234yf.
\12\ ICF, 2024b. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: HFO-1234ze(E)
(Solstice[supreg] ze, Solstice[supreg] 1234ze)
\13\ ICF, 2024c. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-454A (Opteon[supreg]
XL40).
\14\ ICF, 2024d. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-454C
(OpteonTM XL20).
\15\ ICF, 2024e. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-455A (Solstice[supreg]
L40X).
\16\ ICF, 2024f. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-457A (Forane[supreg]
457A).
\17\ ICF, 2024g. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-516A (Forane[supreg]
516A).
---------------------------------------------------------------------------

Environmental information: HFO-1234yf, HFO-1234ze(E) and R-454A, R-
454C, R-455A, R-457A, and R-516A have ozone depletion potentials (ODPs)
of zero.
HFO-1234yf and HFO-1234ze(E) both have a GWP of
one.18 19 The refrigerant blends are made up of the
components HFC-32, HFC-125, HFC-152a, CO<INF>2</INF>, and HFO-1234yf,
which have GWPs of 675, 3,500, 124, one, and one, respectively.\20\ If
these values are weighted by mass percentage, then R-454A, R-454C, R-
455A, R-457A, and R-516A have GWPs of about 237, 146, 146, 137, and
140, respectively.
---------------------------------------------------------------------------

\18\ World Meteorological Organization (WMO) (2022). Burkholder
et al. Appendix A, Table A-5 in Scientific Assessment of Ozone
Depletion: 2022, GAW Report No. 278, 509 pp.; WMO, Geneva,
Switzerland, <a href="https://ozone.unep.org/science/assessment/sap">https://ozone.unep.org/science/assessment/sap</a>. (WMO,
2022).
\19\ 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.
\20\ 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.
---------------------------------------------------------------------------

HFO-1234yf, HFO-1234ze(E), and the other components of the
refrigerant blends, CO<INF>2</INF>, HFC-32, HFC-125, and HFC-152a, are
excluded from EPA's regulatory definition of volatile organic

[[Page 50418]]

compounds (VOC) (see 40 CFR 51.100(s)) addressing the development of
State Implementation Plans (SIPs) to attain and maintain the National
Ambient Air Quality Standards (NAAQS). That definition provides that
``any compound of carbon'' which ``participates in atmospheric
photochemical reactions'' is considered a VOC unless expressly excluded
in that provision based on a determination of ``negligible
photochemical reactivity.'' \21\
---------------------------------------------------------------------------

\21\ Definitions under title 40 chapter I subchapter C part 51
subpart F CFR 51.100 can be found at <a href="https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-F/section-51.100">https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-F/section-51.100</a>.
---------------------------------------------------------------------------

None of the exemptions to the venting prohibition under CAA
608(c)(2) listed in 82.154(a)(1) apply to HFO-1234yf, HFO-1234ze(E), R-
454A, R-454C, R-455A, R-457A, or R-516A.
Flammability information: HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A have lower flammability, with an
ASHRAE flammability classification of 2L. EPA evaluated flammability
risk by evaluating reasonable worst-case and more typical, yet
conservative, scenarios to model the effects of releases of these
substitutes in the listed end-uses. These refrigerants are not expected
to present a flammability concern provided the use conditions are
followed. The use conditions provide additional safety measures and
labeling requirements (e.g., visible warning statement and red coloring
on the pipes, hoses, and devices which contain refrigerant) that make
equipment owners, consumers, fire marshals, and emergency first
responders aware of the presence of a flammability hazard.
Toxicity and exposure data: HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A have an ASHRAE toxicity classification
of A (lower toxicity). Potential health effects of exposure to these
refrigerants include drowsiness or dizziness. The refrigerants may also
irritate the skin or eyes or cause frostbite. At sufficiently high
concentrations, the refrigerants may cause irregular heartbeat. The
refrigerants could cause asphyxiation if air is displaced by vapors in
a confined space. These potential health effects are common to many
refrigerants.
OSHA has established a Permissible Exposure Limit (PEL) for
CO<INF>2</INF> of 5,000 ppm as an 8-hr TWA. The American Industrial
Hygiene Association (AIHA) has established Workplace Environmental
Exposure Limits (WEELs) of 1,000 ppm as an 8-hr TWA for HFC-32, HFC-
125, and HFC-152a and 500 ppm as an 8-hr TWA for HFO-1234yf. The
manufacturer of HFO-1234ze(E) recommends 800 ppm as an 8-hr TWA for
that chemical, as does ASHRAE 34-2022. The manufacturers of R-454A, R-
454C, R-455A, R-457A, and R-516A recommend acceptable exposure limits
(AELs) for the workplace, respectively, of 690, 615, 650, 650, and 590
ppm on an 8-hr TWA for these blends.\22\ EPA anticipates that users
will be able to meet the OSHA PEL, AIHA WEELs, and manufacturers' AELs
and address potential health risks by following requirements and
recommendations in the manufacturers' safety data sheets (SDSs), the
final use conditions (including adherence to UL 60335-2-89 and ASHRAE
15-2022), and other safety precautions common to the refrigeration and
AC industry.
---------------------------------------------------------------------------

\22\ The 8-hr TWA AEL recommendations of these refrigerant
blends are based upon a mass-weighting of the PEL and WEELs of their
components. ASHRAE 34-2022 also recommends these occupational
exposure limits.
---------------------------------------------------------------------------

Comparison to other substitutes in these end-uses: HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A all have an ODP
of zero, comparable to or lower than some of the acceptable substitutes
in these end-uses, such as CO<INF>2,</INF> with an ODP of zero.
For new refrigerated food processing and dispensing equipment R-
454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 150,
higher than that of CO<INF>2</INF>, an acceptable substitute in this
end-use category, with a GWP of one, while HFO-1234yf and HFO-1234ze(E)
have comparable GWPs to CO<INF>2</INF> of one. The GWPs of HFO-1234yf,
HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A are lower than those
of other acceptable HFC-134a, with GWPs of approximately 600, 630, and
1,430, respectively.
For new remote condensing units and supermarket systems, R-454A, R-
454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 237,
higher than that of ammonia and CO<INF>2</INF>, acceptable substitutes
in these end-use categories, with GWPs of zero and one, respectively,
while HFO-1234yf and HFO-1234ze(E) have comparable GWPs to
CO<INF>2</INF> of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A,
R-454C, R-455A, R-457A, and R-516A are lower than those of some of the
acceptable substitutes for new remote condensing units and new
supermarket systems, such as R-450A, R-513A, HFC-134a, R-407A, and R-
404A, with GWPs of approximately 601, 630, 1,430, 2,110, and 3,922,
respectively.
For new stand-alone units R-454C, R-455A, R-457A, and R-516A have
GWPs ranging from 140 to 150, higher than some of the acceptable
substitutes in this end-use category such as CO<INF>2</INF>, R-290, and
R-441A with GWPs of one, three, and less than five, while HFO-1234yf
and HFO-1234ze(E) have comparable GWPs to CO<INF>2</INF>, R-290, and R-
441A of one. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-
455A, R-457A, and R-516A are lower than some of the acceptable
substitutes for new stand-alone units, such as R-450A and R-513A, with
GWPs of 601 and 630, respectively. As of January 1, 2025, certain HFCs
and HFC blends will be subject to restrictions in new stand-alone units
under the Technology Transitions Rule. In light of that upcoming
restriction, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C,
R-455A, R-457A, and R-516A to provide additional lower-GWP,
refrigerants in this end-use. This upcoming restriction, and the
corresponding value of providing additional lower-GWP refrigerants in
this end-use, are additional considerations that informed EPA's
decision on this listing.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see <a href="https://www.epa.gov/snap/retail-food-refrigeration">https://www.epa.gov/snap/retail-food-refrigeration</a>). Toxicity risks of use,
determined by the likelihood of exceeding the exposure limit, of HFO-
1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A in
these end-uses are evaluated in the risk screens referenced previously.
The toxicity risks of using HFO-1234yf, HFO-1234ze(E), R-454A, R-454C,
R-455A, R-457A, and R-516A in retail food refrigeration equipment 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 UL 60335-2-89 and ASHRAE 15-
2022--as required by the use conditions for these listings. EPA also
anticipates that service technicians working with these systems will
adhere to recommendations in the manufacturers' SDS for these
refrigerants and other safety precautions common in the refrigeration
and AC industry.
The flammability risks with HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A in these end-uses, determined by the
likelihood of exceeding their respective LFLs, are evaluated in the
risk screens referenced previously. Based on those risk screens, EPA's
view is that while these refrigerants may pose greater flammability
risk than other available substitutes in the same end-uses, this risk
can be minimized by use consistent with UL 60335-2-89, ASHRAE 15-

[[Page 50419]]

2022, 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
greater overall risk to human health and the environment than other
acceptable substitutes in this end-use category.
In addition, the refrigerants listed through this action have lower
GWPs than most other refrigerants currently in use today, though EPA
notes that this is expected to shift in the future as entities begin
complying with the restrictions under the 2023 Technology Transitions
Rule for new equipment. These refrigerants provide additional lower-GWP
options for situations where other refrigerants with lower GWPs may not
be suitable. Given the wide range of applications for retail food
refrigeration, not all refrigerants listed as acceptable under SNAP
will be suitable for the range of equipment in the retail food
refrigeration end-use or in the four end-use categories within retail
food refrigeration. In this context, listing additional refrigerants as
acceptable under SNAP provides additional options and increases the
availability of substitutes for the full range of retail food
refrigeration equipment with lower-GWP refrigerants, which is
anticipated to lead to lower overall risk to human health and the
environment. Accordingly, based on EPA's evaluation of the information
discussed above and consideration of overall risk to human health and
the environment, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454C, R-
455A, R-457A, and R-516A as acceptable, subject to use conditions, for
use in all types of retail food refrigeration equipment. In addition,
to account for the challenges for finding lower-GWP refrigerants with
higher capacity for remote condensing units and supermarket systems
with moderate charge sizes and for cascade systems, EPA is listing R-
454A as acceptable, subject to use conditions, for use in remote
condensing units and supermarket systems with a charge size capacity
less than 200 pounds or for use in the high-temperature side of a
cascade system.
4. Why is EPA finalizing these specific use conditions?
This final rule applies to end-uses covered by UL 60335-2-89. This
standard applies to commercial and industrial refrigeration equipment,
including the SNAP end-uses of retail food refrigeration, commercial
ice machines, IPR, cold storage warehouses, and ice skating rinks.
ASHRAE 15-2022 also applies to these refrigeration systems.
UL 60335-2-89, as discussed in section II.H of this preamble,
indicates that refrigerant charges greater than a specific amount
(called ``m<INF>3</INF>'' in the standard and based on the
refrigerant's LFL) should be determined using national standards that
apply, such as ASHRAE 15-2022. Hence, EPA is requiring adherence to
both standards, when applicable, as use conditions for remote
condensing units and supermarket systems.
EPA is incorporating by reference ASHRAE 15-2022 and UL 60335-2-89
in use conditions that apply to use of the A2L refrigerants listed
through this action in new remote condensing units and supermarket
systems. Where the requirements specified in this final rule and ASHRAE
15-2022 differ, the requirements of this final rule apply.
A partial summary of ASHRAE 15-2022 is provided here for
information only. This is not meant to be a full explanation of the
standard or how it is applied; for additional detail, please consult
the standard. ASHRAE 15-2022 specifies requirements for refrigeration
systems, based on the safety group classification of the refrigerant,
the type of occupancy where the system is located, and whether
refrigerant-containing parts of the system enter the space or ductwork
such that leakage in the space is deemed ``probable.'' ``High-
probability'' installations are those such that leaks or failures will
result in refrigerant entering occupied space. 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.
Sections 7.2 and 7.3 of ASHRAE 15-2022 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 7.7
of ASHRAE 15-2022 addresses the A2L refrigerants listed in this action
when used in ``high-probability'' systems that are not for human
comfort, including requirements for nameplates, labels, refrigerant
detectors (under certain conditions), airflow initiation or other
actions (if a rise in refrigerant concentration is detected), and other
restrictions.
ASHRAE 15-2022 is undergoing continuous maintenance with
publication of periodic addenda and is typically updated and
republished every three years. Although there were additional changes
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA
was not able to review and seek comment on use conditions based on
those more recent changes after publication of the proposal. EPA is
therefore not including addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is finalizing an additional use condition for R-454A in
supermarkets and remote condensing units. This refrigerant may only be
used either in equipment with a refrigerant charge capacity less than
200 pounds or in the high-temperature side of a cascade system. The
Agency is finalizing this use condition to allow use of R-454A less
broadly than for the other refrigerants being listed for use in remote
condensing units and supermarket systems because its GWP is higher than
those of the other listings for these end-use categories (about 237,
compared to one to 150). EPA's understanding is that there are two
particular situations where use of refrigerants is likely to be more
constrained to minimize risks to human health and the environment, and
thus, additional refrigerant options may be helpful.
The first of those situations is where ASHRAE 15-2022 identifies a
refrigerating system as having a ``high probability'' that leaked
refrigerant from a failed connection, seal, or component could enter an
occupied area. ASHRAE 15-2022 and UL 60335-2-89 effectively set charge
limits for A2L refrigerants to less than 260 times the LFL
(approximately 200 pounds for A2L refrigerants and ranging from roughly
120 to 250 pounds for the particular refrigerants listed in this rule)
for applications inside a supermarket or convenience store that are
open to the general public. In contrast, larger charge sizes could be
used in ``low-probability'' locations where the general public is
unlikely to come in contact with the refrigerant, such as systems used
in industrial occupancies, outdoors, or in a machinery room with access
restricted to store employees. Where the general public is unlikely to
come into contact with any leaked refrigerant, there would be fewer
space constraints and greater flexibility in equipment design, so
refrigeration system designers can accommodate a narrower set of
refrigerants. Conversely, where the general public is more likely to
come into contact with any leaked refrigerant in an interior space,
which are not industrial occupancies, refrigerant charge capacities of
a system would be

[[Page 50420]]

less than 200 pounds. In addition, in such public spaces there would be
more space constraints, less flexibility in equipment design, and
potentially stricter code requirements. EPA recognizes that these may
be situations where R-454A can be used where those other refrigerants
cannot, especially where space is constrained. Therefore, R-454A fills
a gap in the stated end-uses where lower-GWP refrigerant alternatives
posing less of a risk to human health and the environment are not as
available, and R-454A's GWP of approximately 240 and similar toxicity
and flammability profiles would pose lower overall risk to human health
and the environment. Listing R-454A for supermarket systems and remote
condensing units with smaller refrigerant charges provides an
additional refrigerant to manage safety (in particular, flammability
and toxicity) while achieving adequate performance where there may be
more constraints. As some public commenters stated, R-454A has a higher
volumetric capacity than the other A2L refrigerants with lower GWPs
being listed in this rule, which means less refrigerant is needed and
smaller refrigeration equipment can achieve the same cooling effect.
Therefore, EPA is listing R-454A as acceptable, subject to use
conditions, only for supermarket systems and remote condensing units
with a use condition that refrigerant charge capacity shall be less
than 200 pounds in order to mitigate risk to human health and the
environment that could be associated with higher GWPs.
The second situation where use of refrigerants is likely to be more
constrained is for use in the high-temperature side of cascade systems
used for supermarket systems and remote condensing units. As discussed
in section II.A.1 of this preamble, ``Background on retail food
refrigeration,'' each side \23\ of a cascade system uses a different
refrigerant that is most suitable for the given temperature range.
High-temperature systems, or the ``high-temperature side,'' have
typically used HFCs as a refrigerant; however, it is technologically
achievable and has become more common to use ammonia in the high-
temperature side. For lower temperature systems, or the ``low-
temperature side'' of the cascade system, refrigerants with low boiling
points such as R-744 can be used. Considerations for the choice of
refrigerants on either side of cascade systems are influenced by many
factors including, but not limited to, a refrigerant's toxicity and
flammability, its temperature glide, and its suitability for lower
temperature applications. Using flammable or toxic refrigerants, such
as ammonia, on the high-temperature side of a cascade system may be
limited in certain circumstances (e.g., based on building codes and/or
industry safety standards). There are multiple substitutes available
for the low-temperature side of a cascade system with GWPs lower than
that of R-454A, but there are fewer options for the high-temperature
side. Therefore, EPA is listing R-454A as acceptable, subject to use
conditions, when it is used in the high-temperature side of cascade
systems. This action expands the refrigerant options that can comply
with local building codes and industry safety standards while meeting
the more challenging application of the high-temperature side of a
cascade system, and allowing for a refrigerant that would pose lower
overall risks to human health and the environment than refrigerants
that would otherwise be used.
---------------------------------------------------------------------------

\23\ Each side of the cascade system is a complete refrigeration
system with a compressor, condenser, and evaporator.
---------------------------------------------------------------------------

5. What additional information is EPA including in these listings?
EPA is providing additional information related to these listings.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
refrigerant under the SNAP program. However, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these refrigerants. The additional information
applies to multiple end-uses covered in this final rule. See section
II.H.2 of this preamble for discussion on what additional information
EPA is including in these listings.
6. How is EPA responding to comments on retail food refrigeration?
Comment: For the retail food refrigeration end-use, two commenters
mentioned the proposed limitation on the use of R-454A and requested
greater flexibility for that refrigerant and end-use. Both commenters
indicated that R-454A is a higher capacity and more efficient
refrigerant compared to alternatives with GWPs less than 150. The
commenters stated that R-454A would provide greater flexibility to meet
DOE efficiency requirements and claimed thermodynamic similarities to
other refrigerants (R-404A, R-448A, and R-449A). One commenter
requested that EPA not restrict R-454A in the high side of a cascade
system and that R-454A be approved for use in stand-alone units.
Another commenter requested that EPA list R-454A as acceptable in all
retail food refrigeration end-uses (stand-alone units, remote
condensing units, supermarket systems, and refrigerated food processing
and dispensing equipment). This commenter stated that EPA has
sufficient information in the docket to allow EPA to add R-454A as
acceptable in stand-alone units and refrigerated food processing and
dispensing equipment, pointing to R-454A's zero ozone depletion
potential and A2L classification.
Response: EPA acknowledges the commenters' request for greater
flexibility to use R-454A. As discussed in section II.A.4 of this
preamble, under the listings finalized in this rule, R-454A is
acceptable, subject to use conditions, in the high side of a
supermarket cascade system. Concerning the suggestion that R-454A would
provide greater flexibility to meet DOE's energy conservation
standards, EPA notes that EPA's SNAP program and DOE's program for
energy conservation standards operate under separate authorities. If
EPA had information showing that commercial refrigeration equipment
manufactured using other refrigerants with lower GWPs were unable to be
used in this application, EPA might consider broader use of R-454A in
the future given there may not be other available or potentially
available low-GWP substitutes for this application; however, absent
such information, EPA is retaining the use conditions for R-454A in
supermarket systems and remote condensing units in this final rule as
proposed.
In response to comments supporting approval of R-454A in additional
retail food end-use categories beyond supermarket systems and remote
condensing units, such as stand-alone units and refrigerated food
processing and dispensing equipment, EPA is not taking that action in
this final rule because EPA did not propose to list R-454A and has not
completed our consideration or analysis needed to reach a final
decision whether to list this refrigerant in these other retail food
end-uses. In response to the commenters' points about energy efficiency
and capacity, these factors are not ones that are considered in 40 CFR
82.180(a)(7). Moreover, EPA notes that under the final Technology
Transitions Rule (88 FR 73098; October 24, 2023), refrigerants
containing HFCs used in retail food refrigeration--stand-alone units
are limited to those with a GWP less than 150 beginning January 1,
2025; thus, even if EPA were to list R-454A

[[Page 50421]]

as acceptable under the SNAP program, it still could not be used in
stand-alone units after that date. EPA is finalizing the listings for
R-454A as proposed, including listings for retail food refrigeration--
supermarket systems and retail food refrigeration--remote condensing
units, as acceptable, subject to use conditions.
Comment: Two commenters suggested that allowing R-454A would smooth
the transition to low-GWP refrigerants in stand-alone units, enabling
the industry to meet timing goals of the Technology Transitions Rule. A
different commenter urged EPA to list R-454A for use in self-contained
equipment. The third commenter stated that the quantity used in self-
contained equipment is less than that used in remote equipment, thereby
reducing the risk of any negative outcomes. This same commenter claimed
that small companies do not have sufficient design resources to meet
deadlines for both self-contained and remote equipment for different
refrigerants. The commenter stated that allowing the use of R-454A in
both self-contained and remote equipment would greatly reduce the time
needed to transition to lower-GWP refrigerants.
Response: In response to the first two commenters' suggestion that
listing R-454A as acceptable for stand-alone units would enable
industry to meet the timing goals of the Technology Transitions Rule,
we do not agree that R-454A is needed for timely compliance with that
restriction. There are already substitutes that meet the 150 GWP limit
available on the market for stand-alone retail food refrigeration. For
example, R-290 has been listed as acceptable and has been used in
stand-alone units for more than a decade. The Agency is aware of a
number of substitutes, including R-290, which will be more broadly
allowed, with larger charge sizes, through this rulemaking. Therefore,
the Agency disagrees with the first two commenters that expanding the
use of R-454A in this end-use is needed to meet requirements of the
Technology Transitions Rule because there are already substitutes
available in use for this purpose. EPA interprets the third commenter's
request for use of R-454A in self-contained equipment to apply to
retail food refrigeration (stand-alone units) and to retail food
refrigeration (refrigerated food processing and dispensing equipment)
that is self-contained, since EPA proposed that all commercial ice
machines could use R-454A, and other types of appliances covered by
this rule are not self-contained. EPA expects that such equipment in
many cases could use other refrigerants with a GWP lower than R-454A's
GWP of 237, such as R-290, R-471A, R-454C, R-455A, or R-516A, with GWPs
from three to less than 150. EPA also notes that under the final
Technology Transitions Rule (88 FR 73098; October 24, 2023),
refrigerants containing HFCs used in retail food refrigeration--stand-
alone units are limited to those with a GWP less than 150 beginning
January 1, 2025; thus, even if EPA were to list R-454A as acceptable
for stand-alone units under the SNAP program, it still could not be
used after that date. EPA also notes that for larger self-contained
commercial ice machines with harvest capacities above certain levels,
EPA is finalizing R-454A as acceptable, subject to use conditions (see
section II.C.6 of this preamble).
Comment: One commenter recommended that EPA list HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as acceptable for
use in packaged systems in retail food refrigeration (e.g., walk-in
coolers and freezers) as it was unclear if EPA intended the proposed
listings to apply to packaged refrigeration systems. The commenter also
asserted that the definitions for packaged refrigerating units in EPA's
proposed Technology Transitions Rule and UL 60335-2-89 match and that
the industry consensus standard that EPA proposed to incorporate by
reference already includes such equipment within its scope.
Response: In response to this comment, EPA is clarifying that
packaged refrigerating units fall within the same categories where the
Agency is finalizing acceptable listings for those refrigerants. UL
60335-2-89 defines a packaged refrigerating unit as ``a factory
assembled unit for performing the complete refrigeration cycle
(compressing gas, condensation or gas cooling, and evaporation)
comprising power-driven refrigerant compressor(s) with motors,
condensers or GAS COOLERS,\24\ liquid receivers, interconnection pipe
work, and ancillary equipment, all mounted on a common base.'' EPA
classifies packaged refrigerating units for retail food refrigeration,
such as walk-in coolers or freezers, as belonging either to the end-use
category `supermarket system' if the refrigerant is supplied on the
same multi-compressor refrigerant circuit used to cool food elsewhere
in the store or within the end-use category `remote condensing unit' if
only a one- or two-compressor system is used (generally dedicated to
just the individual walk-in cooler or freezer). (See also July 20,
2015; 80 FR 42901). If the packaged refrigerating unit is completely
self-contained with no remote condenser, then it would belong to retail
food refrigeration--stand-alone units. EPA proposed, and is finalizing,
listings for HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, in retail food
refrigeration--supermarket systems and retail food refrigeration--
remote condensing units. In addition, EPA proposed, and is finalizing,
listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for retail food
refrigeration--stand-alone units.
---------------------------------------------------------------------------

\24\ This term is capitalized in the original text of UL's
standard.
---------------------------------------------------------------------------

Comment: One commenter provided detailed comments on ice cream
makers, requesting revisions to the proposal so they become an eligible
end-use within the retail food refrigeration sector for the newly
listed refrigerants in the final rule. The commenter noted that
additional standards would need to be referenced in the final rule for
ice cream makers to be included. Specifically, ice cream makers fall
under UL 621 in North America and International Electrotechnical
Commission (IEC) 60355-2-118 internationally; they are not in the scope
of UL 60355-2-89. As such, the proposal would prevent ice cream
equipment from using certain flammable low-GWP refrigerants, even when
UL 621 and IEC 60335-2-118 have been updated to allow these substances.
The commenter requested that EPA expand the use conditions for the food
processing and dispensing equipment category to follow all relevant UL
and IEC standards. The commenter added that the proposed listings for
the sector would increase the cost of equipment due to the need to
mitigate high-temperature discharges for refrigerants like R-454C and
R-455A using special valves and compressors.
Response: EPA agrees with the commenter that equipment for ice
cream makers is covered by UL 621 and not by UL 60335-2-89. EPA did not
propose to require adherence to UL 621 as a use condition and notes
that this standard is currently under development to address the safe
use of flammable refrigerants. Therefore, the Agency is not adding
requirements in the final rule specific to ice cream makers. EPA will
continue to consider changes to relevant standards, and the Agency may
consider whether any revisions to the SNAP regulations should be
proposed at a future date. In this final rule, listings for
refrigerated food processing and dispensing equipment do not apply to
equipment that is manufactured according to UL

[[Page 50422]]

621, i.e., commercial ice cream makers. In response to comments related
to the cost of equipment for some of the listed refrigerants, EPA notes
this rule does not require the use of any specific refrigerant; rather,
this rule establishes requirements that allow for the safe use of the
listed refrigerants, such that they do not pose overall greater risk to
human health and the environment.
Comment: Two commenters claimed that the proposed rule's statement
that the smallest types of retail food refrigeration utilize either
brazed or welded refrigerant circuits was incorrect. The commenter
stated that thread fittings are used in some cases and requested that
this be accounted for in the final rule. Another commenter added that
EPA had indicated that small units may be fully brazed and stated that
some units may have components with screw fittings like cast iron
compressors. They commented that regulations for A2L refrigerants
should not require connections that are all brazed.
Response: EPA agrees with the comments regarding the incomplete and
incorrect statement that the smallest types of retail food
refrigeration utilize either brazen or welded refrigerant circuits. EPA
did not intend the statement to imply that brazed connections would be
required. In response to these comments, the description in section
II.A.1 of this preamble also includes threaded fittings.

B. Retail Food Refrigeration--Listing R-290 as Acceptable, Subject to
Use Conditions, for Use in New Refrigerated Food Processing and
Dispensing Equipment and Revision of the Use Conditions Provided in the
Previous Listings of R-290 as Acceptable, Subject to Use Conditions,
for Use in New Stand-Alone Units

This final rule lists R-290 as acceptable, subject to use
conditions, as a substitute for use in one additional end-use category
under retail food refrigeration (i.e., new refrigerated food processing
and dispensing equipment). Further, EPA is also amending existing use
conditions in the listing of R-290 as acceptable, subject to use
conditions, for use in new stand-alone units. More specifically, EPA
previously listed R-290 as acceptable, subject to use conditions, in
new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20, 2011).
One of the use conditions established in that rule was adherence to an
earlier standard, UL 471. In this final rule, we are revising those use
conditions to be consistent with the most recent U.S. national standard
for retail food refrigeration equipment, UL 60335-2-89. Among other
things, these revisions will allow safe use of larger charge sizes of
R-290 than under UL 471, which will allow for broader use of R-290 as
an alternative in these end-uses. Similar use conditions apply to other
refrigerants with lower flammability in this SNAP action in section
II.A of this preamble. The final use conditions are allowed for such
equipment manufactured on or after the effective date of this final
rule and do not apply to nor affect equipment manufactured before that
effective date.
This revision to the use conditions incorporates by reference a
newer industry standard, changing the reference from Supplement SB in
the 10th edition of UL 471, ``Commercial Refrigerators and Freezers,''
which was required in the earlier SNAP listing for R-290, to UL 60335-
2-89. EPA is providing a transition period from the effective date of
this final rule through September 29, 2024, during which stand-alone
units manufactured with R-290 may follow either the earlier UL 471
standard or UL 60335-2-89. After the transition period ends, new stand-
alone units manufactured with R-290 must follow UL 60335-2-89 for
purposes of the SNAP program, unless the new stand-alone units remain
essentially unchanged from an earlier model or design that was already
UL-listed to the earlier UL 471 standard. Under EPA's understanding of
these standards, if no design, manufacture, or other change is made to
equipment that was certified to UL 471 before the sunsetting date, then
the equipment may continue to be produced and used. To comply with the
use condition, once a design change of any kind is made to equipment
that has already been certified under UL 471, the equipment is required
to be updated to UL 60335-2-89 requirements, including labeling.
Several use conditions finalized for these end-use categories are
similar to those finalized for other end-uses. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. In summary, the common use
conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), 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, technicians, and first responders of potential
flammability hazards.
In this final action, EPA is revising the existing listing for R-
290 in new stand-alone units in appendix R to 40 CFR part 82, subpart
G, and adding the new listing for R-290 in refrigerated food processing
and dispensing units in appendix Y to 40 CFR part 82, subpart G. The
regulatory text contains revised listing decisions for new stand-alone
units in appendix R, as well as certain other previous listings that
EPA is republishing for purposes of formatting for the Federal
Register; EPA is not finalizing substantive changes to those earlier
decisions (e.g., listings for R-290, R-441A, and R-600a in household
refrigerators and freezers and in vending machines).
1. Background on Retail Food Refrigeration
See section II.A.1 of this preamble for background on the retail
food refrigeration end-use and particularly for the stand-alone units
and refrigerated food processing and dispensing equipment end-use
categories.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group.
See section II.A.2 of this preamble for further discussion on ASHRAE
classifications.
3. What is R-290 and how does it compare to other refrigerants in the
refrigerated food processing and dispensing equipment end-use category?
R-290 is propane and has the formula C<INF>3</INF>H<INF>8</INF>
(CAS Reg. No. 74-98-6). Redacted submissions and supporting
documentation for R-290 in retail food refrigeration are provided in
the docket for this final rule (EPA-HQ-OAR-2023-0043) at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed a risk screening assessment to
examine the health and environmental risks of this refrigerant. This
risk screen is available in the docket for this final rule.\25\
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\25\ ICF, 2023h. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: Propane (R-290).
---------------------------------------------------------------------------

Environmental information: R-290 has an ODP of zero. R-290 has a
GWP of three. R-290 is regulated as a VOC under CAA regulations (40 CFR
51.100(s)) addressing the development of SIPs to attain and maintain
the NAAQS. EPA previously exempted R-290 in retail food refrigerators
and freezers (stand-alone units only) from the venting prohibition
under CAA

[[Page 50423]]

section 608(c)(2), finding that such venting, release, or disposal does
not pose a threat to the environment (79 FR 29682, May 23, 2014).
EPA evaluated potential impacts of R-290 and other HC refrigerants
on local air quality. R-290 is considered a VOC and is not excluded
from EPA's regulatory definition of VOC (see 40 CFR 51.100(s))
addressing the development of SIPs to attain and maintain the NAAQS. As
described later, EPA estimates that potential emissions of saturated HC
refrigerants, such as R-290 and R-600a (isobutane), would not have a
greater overall negative impact on local air quality than other
acceptable substitutes in this end-use category.\26\
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\26\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February, 2014.
---------------------------------------------------------------------------

EPA has conducted multiple analyses of various scenarios to
consider the potential impacts on local air quality if HC refrigerants
were used widely.\27\ The analyses considered both worst-case and more
realistic scenarios. In an analysis supporting the listings of R-290,
R-600a, and the HC blend R-441A in multiple refrigeration and air
conditioning end-uses in SNAP Rule 19 (80 FR 19454, April 10, 2015),
the worst-case scenario assumed that the most reactive HC listed as
acceptable as of the time of those listings (R-600a) was used in all
refrigeration and AC uses and that all refrigerant used was emitted to
the atmosphere rather than most being recovered. In that extreme
scenario, the model predicted that the maximum increase in any single
8-hour average ground-level ozone concentration would be 0.72 parts per
billion (ppb) in Los Angeles, which is the area with the highest level
of ozone pollution in the United States. At the time of the analysis in
2014, 0.72 ppb was less than one percent of the NAAQS, and we stated at
the time that the use of R-600a consistent with the use conditions
required in EPA's regulations would not result in greater risk to the
environment than other alternatives. Using the level of the current
ozone NAAQS of 70 ppb, use of the most reactive saturated HC, R-600a,
with a 100 percent market penetration would just exceed a level that
might raise concerns for EPA. However, considering that R-290 is less
reactive than R-600a \28\ and that R-290 would have a market
penetration at least as high as that of R-600a,\29\ we still consider
use of saturated HC refrigerants not to result in greater overall risk
to human health and the environment.
---------------------------------------------------------------------------

\27\ Ibid.
\28\ R-600a has a MIR of 1.34 g O<INF>3</INF>/g R-600a, while R-
290 has a MIR of 0.56 g O<INF>3</INF>/g R-290. ICF, 2023h, Op. cit.;
Carter, 2010. ``Development of the SAPRC-07 Chemical Mechanism and
Updated Ozone Reactivity Scales,'' Report to the California Air
Resources Board by William P. L. Carter. Revised January 27, 2010.
\29\ Ibid.
---------------------------------------------------------------------------

In a less conservative analysis of potential impacts on ambient
ozone levels, EPA looked at a set of end-uses that would be more likely
to use HC refrigerants between now and 2030, including end-uses where
they previously have been listed as acceptable and where they are
acceptable under this final rule. For example, we assumed use of R-290
in refrigerated food processing and dispensing equipment \30\ and in
end-uses where it is already listed as acceptable, including retail
food refrigeration--stand-alone units, vending machines, water coolers,
self-contained commercial ice machines, room air conditioners, and
household refrigerators and freezers. We also assumed the use of other
HC refrigerants such as R-600a and R-441A in end-uses where they are
listed as acceptable, such as in retail food refrigeration--stand-alone
units, vending machines, and household refrigerators and freezers. For
further information on the specific assumptions, see the docket for
this rulemaking.\31\ Based on this still conservative but more probable
assessment of refrigerant use, our assessment performed in 2014 found
that even if all the refrigerant in appliances in end-uses addressed in
this final rule and in appliances in end-uses for which other HCs are
listed as acceptable were to be emitted, there would be a worst-case
impact of a 0.15 ppb increase in ozone for a single 8-hour average
concentration in the Los Angeles area, which is the area with the
highest level of ozone pollution in the United States. This value is
roughly 0.2 percent of the level of the current ozone NAAQS of 70 ppb
on an 8-hour rolling average over a 6-month period between April and
September of 2030. In the other cities examined in the analysis,
Houston and Atlanta, impacts were smaller (no more than 0.03 and 0.01
ppb for a single 8-hour average concentration, respectively).\32\ For
areas in the analysis that were not violating the 2008 ozone NAAQS, the
impacts did not cause an exceedance of the 2008 ozone NAAQS.
---------------------------------------------------------------------------

\30\ In the analysis, refrigerated food processing and
dispensing equipment was evaluated under the category of ``small
retail food'' refrigeration equipment, along with stand-alone units,
vending machines, and water coolers.
\31\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
\32\ Ibid.
---------------------------------------------------------------------------

EPA also has performed more recent air quality analyses,
considering additional end-uses and HC refrigerants that have been
listed acceptable more recently (e.g., R-1150 (ethylene) in very low
temperature refrigeration) and using updated models.\33\ EPA found that
the revised air quality models showed slightly greater impacts compared
to our 2014 analyses in all scenarios, but not enough to change our
earlier conclusions in 2015 and 2016 that use of saturated HCs as
refrigerants, including release of R-290, R-600a, and R-441A during
repairing, maintaining, servicing, or disposing of appliances, would
not result in a significant increase in ground-level ozone. Further,
there would be no change in the prior conclusion that use of the
saturated HCs R-290, R-600a, and R-441A, consistent with the SNAP
listings, including their use conditions and the final use conditions
in this rule, would not result in greater overall risk to people's
health or the environment than other alternatives available under SNAP
for the same end-use, refrigerated food processing and dispensing
equipment.
---------------------------------------------------------------------------

\33\ ICF, 2022. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May
2020. Updated models included VM IO file_v5.1_10.01.19 and CMAQ
5.2.1 with carbon bond 06 (CB06) mechanism, as cited in ICF, 2022.
---------------------------------------------------------------------------

Because of the relatively minimal air quality impacts of R-290 if
it is released to the atmosphere from the end-uses where it is listed
as acceptable subject to use conditions and from the refrigerated
processing and dispensing equipment end-use category, even in a worst-
case scenario, we conclude that R-290 does not have a greater overall
impact on human health and the environment based on its effects on
local air quality than other refrigerants listed as acceptable in the
same end-uses.
Flammability information: R-290 is a higher flammability
refrigerant, with an ASHRAE safety classification of A3. EPA evaluated
flammability risk by evaluating reasonable worst-case and more typical,
yet conservative, scenarios to model the effects of releases of R-290
in retail food refrigeration. This refrigerant is not expected to
present a flammability concern provided the use conditions are
followed. The use conditions provide additional safety measures and
labeling requirements (e.g., visible warning statement and red coloring
on the pipes, hoses, and devices which contain refrigerant) that make
equipment owners, consumers, fire marshals, and emergency first

[[Page 50424]]

responders aware of the presence of a flammability hazard.
Toxicity and exposure data: R-290 has an ASHRAE toxicity
classification of A (lower toxicity). Potential health effects of
exposure to this refrigerant include drowsiness or dizziness. The
refrigerant may also irritate the skin or eyes or cause frostbite. This
refrigerant could cause asphyxiation if air is displaced by vapors in a
confined space. These potential health effects are common to many
refrigerants.
OSHA has established a PEL of 1,000 ppm as an 8-hr TWA for R-290.
EPA anticipates that users will be able to meet OSHA's PEL and address
potential health risks by following requirements and recommendations in
the manufacturers' SDSs, the final use conditions (including compliance
with UL 60335-2-89), adherence to ASHRAE 15-2022, and other safety
precautions common to the refrigeration and AC industry.
Comparison to other substitutes in the refrigerated food processing
and dispensing end-use category: R-290 has an ODP of zero, comparable
to or lower than some of the acceptable substitutes in new refrigerated
food processing and dispensing equipment, such as CO<INF>2,</INF> R-
450A, and R-513A, with ODPs of zero.
R-290's GWP of three is comparable to that of other acceptable
substitutes for new refrigerated food processing and dispensing
equipment, including CO<INF>2</INF>, with a GWP of one. The GWP of R-
290 is lower than some of the acceptable substitutes for new
refrigerated food processing and dispensing equipment, such as R-450A,
R-513A, R-134a, and R-407H, with GWPs of approximately 600, 630, 1,430,
and 1,500, respectively.
EPA's risk screen for R-290 in retail food refrigeration,\34\
including refrigerated food processing and dispensing equipment, found
that R-290 can be used without exceeding its PEL of 1,000 ppm (8-hr
TWA); thus, the toxicity risks of R-290 are comparable to those of
other acceptable substitutes in the refrigerated food processing and
dispensing equipment end-use category, which also are used without
exceeding their workplace exposure limits.
---------------------------------------------------------------------------

\34\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------

Although the flammability of R-290 may be greater than that of
other available refrigerants with an ASHRAE 1, 2, or 2L flammability
classification in the same end-use, we found its flammability risk to
be comparable to those of other acceptable substitutes, even under
worst-case assumptions in this end-use category when following the
final use conditions.\35\ We note that flammability risk can be
minimized by use consistent with industry standards such as UL 60335-2-
89-which applies under the use conditions-and ASHRAE 15-2022-which also
applies under the use conditions-as well as recommendations in the
manufacturers' SDS and other safety precautions common in the
refrigeration and air conditioning industry. EPA is finalizing use
conditions that reduce the flammability risk associated with this
alternative so that it will not pose greater overall risk to human
health and the environment than other acceptable substitutes in this
end-use category.
---------------------------------------------------------------------------

\35\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------

Based on the results of these analyses, EPA is listing R-290 as
acceptable, subject to use conditions, in refrigerated food processing
and dispensing equipment. R-290 has a GWP of three, lower than that of
most other available alternatives for the same end-use category with
similarly low toxicity. R-290 provides an additional lower-GWP option
for situations where other refrigerants with lower GWPs are not viable,
such as where equipment using CO<INF>2</INF> may not be able to meet
DOE's energy conservation standards. To provide an additional, lower-
GWP option with lower overall risk to human health and the environment,
EPA is listing R-290 as acceptable, subject to use conditions, for use
in refrigerated food processing and dispensing equipment.
4. Why is EPA finalizing these specific use conditions for refrigerated
food processing and dispensing equipment?
For refrigerated food processing and dispensing equipment, EPA is
requiring adherence to UL 60335-2-89 for equipment falling under the
scope of that standard. Several of the use conditions for refrigerated
food processing and dispensing equipment are common to those finalized
for R-290 in the commercial ice machine end-use as discussed in section
II.D of this preamble. Other use conditions are common to all
refrigerants and all five end-uses in this final rule. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. In summary, the common use
conditions for all five end-uses are: restricting the use of each
refrigerant to new equipment that is specifically designed and clearly
marked for that refrigerant; use consistent with ASHRAE 15-2022 and
with UL 60335-2-89 (with certain exceptions), 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, technicians, and first responders of
potential flammability hazards.
5. How does the listing for R-290 in refrigerated food processing and
dispensing equipment relate to regulations implementing the venting
prohibition under CAA section 608?
In section II.I of this preamble EPA is finalizing an exemption for
R-290 used as a refrigerant in refrigerated food processing and
dispensing equipment from the prohibition under CAA section 608(c)(2)
on knowingly venting or otherwise knowingly releasing or disposing of
any substitute refrigerant in the course of maintaining, servicing,
repairing, or disposing of an appliance or IPR.
6. What existing use conditions apply to this refrigerant in the stand-
alone units end-use category?
EPA previously listed R-290 acceptable, subject to use conditions,
in new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20,
2011). Those requirements are codified in appendix R to 40 CFR part 82,
subpart G. EPA provided information on the potential environmental and
health risks of R-290 and the various refrigerants available at that
time for use in this end-use category. EPA's previous risk screen for
this refrigerant in this end-use category, based on the use conditions
in that rule, is available in the docket for that previous rulemaking
(EPA-HQ-OAR-2009-0286).
R-290 has an ASHRAE classification of A3, indicating that it has
low toxicity and higher flammability. In the presence of an ignition
source (e.g., static electricity, a spark resulting from a closing
door, or a cigarette), an explosion or a fire could occur if the
concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1
percent) by volume.
The use conditions established in the SNAP Rule 17 for R-290 in new
stand-alone units addressed safe use of this flammable refrigerant
based on information available at that time and included the following:
incorporation by reference of Supplement SB to the 10th edition
(November 24, 2010) of UL 471 ``Commercial Refrigerators and
Freezers;'' refrigerant charge size limits based on cooling capacity
and type of equipment; and requirements for markings and warning labels
on equipment using the refrigerant to inform consumers, technicians,
and first responders of potential flammability hazards. EPA explained
in that rulemaking that without appropriate use

[[Page 50425]]

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 17 (76 FR 78832, December 20, 2011)
found that with the use conditions, the overall risk of R-290,
including the risk due to flammability, was not greater in the stand-
alone units end-use than other substitutes that are currently or
potentially available for that same end-use.
7. What updates to existing use conditions for stand-alone units is EPA
finalizing?
EPA is finalizing the proposed use conditions that apply to R-290
in new stand-alone units manufactured on or after the effective date of
this final rule. The updated use conditions finalized for use of R-290
in stand-alone units are common to those finalized for the commercial
ice machine end-use in section II.D of this preamble, and others are
common to all five end-uses in this final rule. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. For R-290 in stand-alone
units, these use conditions in sections II.D and II.H of this preamble
are the only revised use conditions EPA is finalizing--i.e., there are
no use conditions pertaining to refrigerant charge capacity or specific
applications within stand-alone units. In summary, with the updates
finalized for the use conditions for stand-alone units, the common use
conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), 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, technicians, and first responders of potential
flammability hazards.
EPA is finalizing the use conditions in this action, which apply to
new stand-alone units on or after the effective date of this final
rule. This final rule does not apply to nor affect equipment
manufactured before the effective date of this action. The final
regulatory text presents these different requirements as numbered
listings in separate table rows, where the end-use and the effective
time period during which the equipment is manufactured are in the left-
most column, with the heading ``End-use''; the specific requirements
are listed as use conditions in the fourth column, with the heading
``Use Conditions.'' Under SNAP, EPA views equipment to be manufactured
at the date upon which 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.
For stand-alone units (and most refrigerated food processing and
dispensing equipment), this occurs at the factory. New stand-alone
units manufactured between February 21, 2012, and the effective date of
the final rule that use R-290 are required to meet the use conditions
in SNAP Rule 17 (which took effect February 21, 2012) and as listed in
appendix R to 40 CFR part 82, subpart G (in listing 2), including the
use condition incorporating by reference Supplement SB to the 10th
edition of UL 471. Such products are permitted to be warehoused and
sold through normal channels, even if they are sold after the effective
date of this final rule. Stand-alone units using R-290 manufactured on
or after the effective date of this final rule are required to meet the
use conditions finalized and listed in the revisions to appendix R.
Those use conditions allow manufacturers of new stand-alone units using
R-290 to follow either UL 471 or UL 60335-2-89 from the effective date
of this final rule and through September 29, 2024, which is the date
when UL is sunsetting UL 471. On and after September 30, 2024, new
stand-alone units using R-290 for any new equipment designs or models
must meet UL 60335-2-89; for an unchanged model or design that was
already listed by UL--that is, certified to meet the requirements of UL
471--the equipment can continue to be manufactured according to that
standard's requirements.
EPA is finalizing use conditions allowing all new stand-alone units
using R-290 to be manufactured consistent with Supplement SB of UL 471,
up to and including September 29, 2024. Therefore, during the time
between the effective date of this final rule and September 29, 2024,
manufacturers may follow either UL 471, 10th edition or UL 60335-2-89,
2nd edition, depending on which standard the equipment was designed to.
This transition date was in this rule's proposal in order to align with
the industry standard sunsetting date for UL 471. It is EPA's
understanding that since proposal, UL has discussed updating its
effective date when UL 60335-2-89 replaces UL 471 to reflect a later
continuing certification date. EPA is allowing manufacturers to adhere
to either standard for this limited time because the Agency recognizes
that manufacturers may need time to make necessary changes including to
their product labels. The period during which manufacturers may follow
either standard should provide sufficient time for manufacturers to
transition from UL 471 to UL 60335-2-89 while designing and testing new
models and designs. Beginning September 30, 2024, for the purposes of
the SNAP program, newly manufactured stand-alone units of new models
and designs using R-290 must meet the requirements of UL 60335-2-89.
Newly manufactured stand-alone units of existing models and designs
that are certified (e.g., UL-listed) using R-290 that remain unchanged
other than cosmetic changes (e.g., color changes) and that meet
Supplement SB of UL 471 prior to September 30, 2024, may continue to
meet those requirements after that date. In addition, we are requiring
manufacturers to follow the set of use conditions that correspond with
a specific UL standard (e.g., we are including text in the revisions to
appendix R stating that when an entity is using UL 471, it is to follow
all use conditions in listing 2 and when using UL 60335-2-89, it is to
follow all use conditions in listing 4 in the final revisions to
appendix R). See section II.H.1 of this preamble for further discussion
on the requirements of UL 60335-2-89, 2nd edition, which EPA is
incorporating by reference.
EPA also notes that we are continuing to apply without revision two
existing use conditions, nor did we take comment on those two existing
use conditions. The use conditions finalized in this rule that restrict
the use of R-290 to new equipment specifically designed for this
refrigerant, and that require red-colored markings on service ports,
pipes, hoses, and other devices through which the refrigerant is
serviced, repeat the existing use conditions for R-290 in new stand-
alone units.
8. How do the new use conditions for R-290 in stand-alone units differ
from the existing ones and why is EPA changing the use conditions?
The revised use conditions EPA is finalizing for R-290 in stand-
alone units are the same as or similar to the ones that exist today in
appendix R to 40 CFR part 82, subpart G, for R-290 in this end-use
category. The final requirements that R-290 must be used in new
equipment only, and that new

[[Page 50426]]

stand-alone units must include red markings at service ports, pipes,
hoses, and other devices through which the refrigerant is serviced, are
repeated in this final listing. The revised use conditions concern
incorporating by reference the most recent U.S. national industry
safety standard and updated labeling requirements consistent with that
new standard. Stand-alone units using R-290 manufactured before the
effective date of this final rule are not affected by the revised use
conditions.
Warning labels are required under EPA's use restrictions for R-290
in stand-alone units, and EPA is continuing to require them, although
with some specific language changes. The finalized warning labels are
similar to those already established as use conditions for the use of
R-290 in stand-alone units. Using a common set of labels, similar to
those from UL 60335-2-89, will aid in compliance and reduce burden for
the industry, especially for a manufacturer that uses more than one
refrigerant. EPA is finalizing that the labels must be provided in
letters no less than 6.4 millimeter (\1/4\ inch) high and must be
permanent, which is identical to the existing requirement for R-290 in
stand-alone units.
EPA is incorporating by reference a newer industry standard in the
use conditions, including use of UL 60335-2-89, 2nd edition for
equipment newly designed and manufactured on or after the effective
date of this final rule instead of continuing to require Supplement SB
of the 10th edition of UL 471. UL 60335-2-89 was developed in an open
and consensus-based approach, with the assistance of experts in the
refrigeration and AC industry as well as experts involved in assessing
the safety of products. The revision cycle for the 2nd edition,
including final recirculation, concluded with its publication on
October 27, 2021. UL 60335-2-89 replaces the previously published
version of several standards, including UL 471, which had already been
published as a 10th edition by that time. EPA was aware of the
continuing progress of UL standards to address flammable refrigerants.
In SNAP Rule 23 (86 FR 24444, May 6, 2021), which listed a number of
A2L refrigerants for use in the residential and light commercial AC and
heat pumps 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 R-290 in stand-alone units, and whether to
establish new or revised use conditions that reference UL 60335-2-89.''
Today, we are finalizing such a change knowing that the standard to
which such equipment is UL-listed will transition from UL 471 to the
most recent standard, UL 60335-2-89, for newly designed and
manufactured equipment as of September 30, 2024.
To allow time for manufacturers of stand-alone units to transition
between the existing use condition using the 10th edition of UL 471 and
the new use condition using UL 60335-2-89, EPA is allowing R-290 to be
used in stand-alone units manufactured either following UL 471 or UL
60335-2-89 during a transition period. That transition period begins on
the effective date of this final rule, July 15, 2024, and lasts through
September 29, 2024. It is EPA's understanding that UL intends to sunset
UL 471 on September 29, 2024, and EPA is coordinating with that sunset
date. Further, based on public comments, EPA understands that UL allows
newly manufactured equipment that remains unchanged from its previous
UL-listed (certified) design or model to continue to follow an earlier
standard such as UL 471 because the manufacturer has made no changes.
EPA intends to follow this practice, as well, in this final rule.
Beginning September 30, 2024, the use condition allows R-290 to be used
in new stand-alone units that follow UL 60335-2-89, or for newly
manufactured stand-alone units that are unchanged from the model or
design previously UL-listed as meeting UL 471 10th edition. In
addition, manufacturers must follow the set of use conditions that
correspond with a specific UL standard (i.e., when using UL 471, follow
all use conditions in listing 4 and when using UL 60335-2-89, follow
all use conditions in listing 6 in the final revisions to appendix R).
Another revision to the use conditions is the limit on charge
sizes. The existing use conditions from SNAP Rule 17 require the charge
sizes to be calculated consistent with UL 471, with a maximum charge of
150 g allowed. The final revised use conditions for equipment newly
designed and manufactured on or after the effective date of this final
rule allow charge sizes calculated based on UL 60335-2-89, which allows
charges of up to roughly 500 g of R-290 for open stand-alone units, or
roughly 300 g for those with doors and drawers. These changes allow the
use of R-290 in larger equipment than previously and provide more
options for industry, while mitigating flammability or exposure risk
and maintaining safety within a comparative risk framework.
Because of the differences between UL 471 and UL 60335-2-89, EPA
performed a new risk screen for R-290 as a refrigerant in retail food
refrigeration equipment, including stand-alone units.\36\ In this risk
screen, EPA adjusted charge sizes to be consistent with the larger
charge sizes of roughly 300 g and 500 g allowed for R-290 under UL
60335-2-89. The risk screen also considered the impact of mitigation
methods such as valves that would restrict the amount of refrigerant
that could be released, with a limit on ``releasable charge.'' The
updated risk screen found that concentrations of R-290 still would not
exceed the LFL when used according to the new use condition with
releasable charge and larger charge sizes and consistent with UL 60335-
2-89, and thus the new use conditions also address potential
flammability risks of using R-290.\37\ In addition, the risk screen
modeled the reasonable worst-case scenario of short-term exposure (15-
minute TWA) due to a catastrophic release of the charge. Under this
highly conservative scenario, the worst-case exposure of 5,770 ppm was
still significantly lower than the Acute Toxicity Exposure Limit (ATEL)
of 50,000 ppm.\38\ According to ASHRAE 34, R-290 is listed under safety
group A3 with an ATEL of 50,000 ppm. ASHRAE 34 ATELs are intended to
reduce the risks of acute toxicity, asphyxiation, and flammability
hazards in normally occupied, enclosed spaces during refrigerant use
and protect end-users from the potential dangers of a catastrophic leak
from a refrigeration unit. For further information, see the risk screen
\39\ for R-290 in the docket for this rulemaking.
---------------------------------------------------------------------------

\36\ ICF, 2023h. Op. cit.
\37\ Ibid.
\38\ The source of the ATEL is ASHRAE 34-2022, as cited in ICF,
2023h. Op cit.
\39\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------

9. What additional information is EPA including in these listings?
EPA is providing additional information related to this final
listing for R-290 in new refrigerated food processing and dispensing
equipment and the final listing for R-290 in new stand-alone units.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
refrigerant under the SNAP program. See section II.H.2 of this preamble
for further discussion on what additional information EPA is including
in these listings. This additional information is similar to, but not
identical with, the additional information in the listing for R-290 in
stand-alone units in SNAP Rule 17, which included additional

[[Page 50427]]

information such as applicable OSHA requirements, need for proper
ventilation, use of personal protective equipment, fire extinguishers
to keep nearby, use of spark-proof tools and recovery equipment
designed for flammable refrigerants, and suggestions for technician
training. EPA is finalizing additional information consistent with that
included in the final listings for other refrigerants in stand-alone
units in this rule and consistent with that included in the listings
for R-290 as acceptable, subject to use conditions, in stand-alone
units in Rule 17, with additional information such as recommendations
for actions to take in case of an accidental release, additional
recommended practices for technicians, DOT requirements for transport
of flammable gases, and statement that disposed flammable refrigerant
is likely to be hazardous waste under RCRA. 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 refrigerants.
10. How is EPA responding to comments on listing R-290 in refrigerated
food processing and dispensing equipment and updating the use
conditions for R-290 in stand-alone units?
Several commenters provided input on listing R-290 as a substitute.
Comment: Two commenters referenced charge size considerations for
R-290 and asked that EPA align the final rule with industry standards
to reduce confusion. One commenter asked EPA to conform its description
of R-290 charge sizes to those allowed under UL 60335-2-89 and ASHRAE
15: 13 times the LFL for open appliances (494 g), eight times the LFL
for closed appliances with doors and drawers (304 g), and 3 times the
LFL in public corridors and lobbies (114 g). To avoid confusion, they
cautioned EPA to avoid noting that a charge limit of 500 g of R-290 is
permitted. The same commenter noted that larger charge sizes of R-290
are only permitted for products listed to UL 60335-2-89, and not UL
471. A different commenter added that the UL 60335-2-89 standard for
stand-alone retail food refrigeration equipment with R-290 is thorough
and sufficient. They mentioned that conversion of self-contained
refrigeration equipment using R-290 is currently constrained by the use
restrictions for stand-alone retail food refrigeration (150 grams or
less in UL 471). They added that work remains to properly and safely
convert products that require larger charges of R-290 to supply the
cooling capacity needed. Another commenter requested that EPA allow
larger charges of R-290 in the high side of cascade systems or
secondary systems in all applications. They stated that R-290 can be
paired with carbon dioxide to make an energy efficient system in warmer
climates. They added that the International Institute of Ammonia
Refrigeration (IIAR) is developing a standard specifically for the use
of R-290.
Response: EPA agrees with the commenters concerning the description
of charge sizes for R-290 and the related requirements of UL 60335-2-89
and ASHRAE 15. Specifically, UL 60335-2-89 limits charge sizes for R-
290 to 13 times the LFL for open appliances (494 g), eight times the
LFL for closed appliances with doors and drawers (304 g), and ASHRAE
15-2022 limits charges to 3 times the LFL in public corridors and
lobbies (114 g). As noted by the commenters, the charge size limit for
R-290 is 150 g for equipment following UL 471. EPA did not propose to
list R-290 as acceptable, subject to use conditions, for the high side
of cascade systems or secondary loop systems in all applications and
did not receive information in a submission for such uses of R-290;
thus, EPA has not performed necessary analysis to make a listing
decision nor provided an opportunity for comment on that analysis. EPA
also notes that the current edition (2nd edition) of UL 60335-2-89 only
allows use of A3 (higher flammability) refrigerants in self-contained
equipment, which applies to stand-alone units and to some refrigerated
food processing and dispensing equipment, not to supermarket systems or
remote condensing units. In response to the comments regarding IIAR
standard development, EPA would first need to review a final standard
and propose it as a use condition before requiring it in a final
listing; thus, this comment is beyond the scope of this rulemaking. EPA
will continue to monitor development of and changes to relevant
standards, and the Agency may consider whether any additions to or
revisions to the SNAP program regulations should be proposed at a
future date.
Comment: One commenter stated that expanding the use of R-290, with
a low GWP, will help minimize harmful climate impacts of refrigerant
emissions while maintaining safe systems.
Response: EPA agrees in general that allowing greater use of R-290
would allow for lower climate impacts, and so long as R-290 is used
according to the use conditions in this final rule, we expect it will
be used as safely as other available substitutes for the same uses.

C. Commercial Ice Machines--Listing of HFC-32, HFO-1234yf, R-454A, R-
454B, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Commercial Ice Machines

This final rule lists HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines. The listings for refrigerants HFC-32, R-454A, and R-454B are
being finalized in this rule only for larger equipment--specifically,
remote commercial ice machines, self-contained batch-type commercial
ice machines with a harvest rate greater than 1,000 lb ice per 24
hours, and self-contained continuous-type commercial ice machines with
a harvest rate above 1,200 lb ice per 24 hours; EPA is not finalizing
listings for those three refrigerants for smaller commercial ice
machines at this time.
Several use conditions finalized for commercial ice machines are
common to those finalized for other end-uses. Because of this
similarity, EPA discusses the use conditions that apply to all five
end-uses in section II.H of this preamble. For commercial ice machines,
those are the only use conditions EPA is finalizing. In summary, the
common use conditions are: restricting the use of each refrigerant to
new equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), 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, technicians, and first responders of potential
flammability hazards.
In this final action, EPA is revising the existing listing for R-
290 in new self-contained commercial ice machines in appendix V to 40
CFR part 82, subpart G. The regulatory text contains listing decisions
for the commercial ice machines end-use, as well as certain other
previous listings that EPA is republishing for purposes of formatting
for the Federal Register; EPA is not finalizing substantive changes to
those earlier decisions, e.g., listings for R-290 in new water coolers
and in new very low temperature refrigeration equipment.

[[Page 50428]]

1. Background on Commercial Ice Machines
Commercial ice machines are used in commercial establishments
(e.g., hotels, restaurants, convenience stores) to produce ice for
consumer use. Commercial ice machines \40\ are another subset of
commercial refrigeration and are considered a separate end-use within
the SNAP program from retail food refrigeration due to differences in
where such equipment is placed and the additional mechanical and
electronic components required to make and dispense ice. Ice machines
produce ice in various sizes and shapes, and with different retrieval
mechanisms (e.g., dispensers or self-retrieval from bins). Many
commercial ice machines are self-contained units, while some have the
condenser separated from the portion of the machine making the ice and
have refrigerated lines running between the two (also known as remote
condensing equipment). The listings described in section II.C.4 of this
preamble apply both to larger self-contained commercial ice machines
and to remote condensing commercial ice machines. Commercial ice
machines fall under the scope of UL 60335-2-89, ``Household and Similar
Electrical Appliances--Safety--Part 2-89: Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or Remote
Refrigerant Unit or Motor-Compressor.''
---------------------------------------------------------------------------

\40\ Industry standards for this type of equipment, e.g., UL 563
and UL 60335-2-89, use the terms ``ice maker'' or ``ice-maker''
rather than commercial ice machines. The terms may be used
interchangeably and refer to the same equipment.
---------------------------------------------------------------------------

Commercial ice machines can also be divided between batch-type
machines (e.g., providing cubed ice) and continuous-type machines
(e.g., providing flaked ice). Batch-type (also called cube type) ice
machines harvest ice with alternating freezing and harvesting periods.
Batch-type commercial ice machines can be used in a variety of
applications but are generally used to generate ice for use in
beverages. Batch-type commercial ice machines are often employed in
hotels, hospitals, and restaurants where beverages are served.
Continuous-type ice makers produce ice through a continuous freeze and
harvest process and include flake and nugget ice machines. Flake ice is
used primarily in food displays, such as seafood grocery store displays
or salad bars, whereas nugget ice (also known as chewable ice) is
primarily used in beverage applications such as smoothies and blended
cocktails. DOE sets energy conservation standards for commercial ice
machines and distinguishes these based in part on their harvest
rate,\41\ defined as ``as the amount of ice (at 32 degrees F) in pounds
produced per 24 hours.'' 10 CFR 431.132.
---------------------------------------------------------------------------

\41\ For purposes of this rule, the harvest rate shall be
determined in accordance with 10 CFR 431.134.
---------------------------------------------------------------------------

R-404A has commonly been used in remote condensing commercial ice
machines, while both R-404A and R-410A have been commonly used in self-
contained commercial ice machines. Recently, there has been the
introduction of smaller self-contained commercial ice machines that use
R-290.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants for commercial ice
machines in this section as being in the A2L Safety Group. See section
II.A.2 of this preamble for further discussion on ASHRAE
classifications of these refrigerants.
3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
See section II.A.3 of this preamble for further discussion on the
identity, environmental, flammability, toxicity, and exposure
information for HFO-1234yf, R-454A, R-454C, R-455A, R-457A, and R-
516A.\42\
---------------------------------------------------------------------------

\42\ 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 R-454A, R-454B, R-454C,
and R-457A as acceptable, subject to use conditions, as substitutes
in residential and light commercial AC and heat pumps (86 FR 24444,
May 6, 2021). EPA previously listed HFC-32 as acceptable, subject to
use conditions, in self-contained room air conditioners (80 FR
19453, April 10, 2015) and listed HFC-32 as acceptable, subject to
use conditions, in the remaining types of residential and light
commercial air conditioning and heat pumps.
---------------------------------------------------------------------------

HFC-32 is also known as R-32 or difluoromethane (CAS Reg. No. 75-
10-5). 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. Redacted submissions and
supporting documentation for HFC-32, HFO-1234yf, and the refrigerant
blends are provided in the docket for this rule (EPA-HQ-OAR-2023-0043)
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed a risk screening
assessment to examine the health and environmental risks of each of
these refrigerants. These risk screens are available in the docket for
this rule.43 44 45 46 47 48 49 50
---------------------------------------------------------------------------

\43\ ICF, 2024i. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: HFC-32.
\44\ ICF, 2024j. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: HFO-1234yf.
\45\ ICF, 2024k. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
\46\ ICF, 2024l. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454B.
\47\ ICF, 2024m. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454C (OpteonTM
XL20).
\48\ ICF, 2024n. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-455A (Solstice[supreg]
L40X).
\49\ ICF, 2024o. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-457A (Forane[supreg] 457A).
\50\ ICF, 2024p. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-516A (Forane[supreg] 516A).
---------------------------------------------------------------------------

Environmental information: HFC-32 and R-454B, as well as the other
refrigerants being listed in this end-use, have ODPs of zero.
HFC-32 has a GWP of 675. If the GWPs for the components of R-454B,
HFC-32 and HFO-1234yf (GWP of one), are weighted by mass percentage,
then the blend R-454B has a GWP of about 465.
Both of the components of R-454B, HFC-32 and HFO-1234yf, are
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.
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 IPR,
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 IPR) in a manner which permits such
substance to enter the environment. EPA has established certain limited
exemptions to this venting prohibition, as listed in 40 CFR
82.154(a)(1), but none of those exemptions apply to HFC-32 or R-454B.
Flammability information: HFC-32 and R-454B are both classified as
2L refrigerants 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. EPA evaluated flammability risk by
evaluating reasonable worst-case and more typical, yet conservative,
scenarios to model the effects of releases of HFC-32 and R-454B,
respectively, in the listed end-uses. These refrigerants are

[[Page 50429]]

not expected to present a flammability concern provided the use
conditions are followed. The use conditions provide additional safety
measures and labeling requirements (e.g., visible warning statement and
red coloring on the pipes, hoses, and devices which contain
refrigerant) that make equipment owners, consumers, fire marshals, and
emergency first responders aware of the presence of a flammability
hazard.
Toxicity and exposure data: HFC-32 and R-454B have an ASHRAE
toxicity classification of A. Potential health effects of exposure to
these refrigerants include drowsiness or dizziness. The refrigerants
may also irritate the skin or eyes or cause frostbite. At sufficiently
high concentrations, the refrigerants may cause irregular heartbeat.
The refrigerants could cause asphyxiation if air is displaced by vapors
in a confined space. These potential health effects are common to many
refrigerants.
AIHA has established a WEEL of 1,000 ppm (8-hr TWA) for HFC-32 and
a WEEL of 500 ppm as an 8-hr TWA for HFO-1234yf, the components of R-
454B. The manufacturer of R-454B recommends an AEL for the workplace of
854 ppm on an 8-hr TWA for this blend, as does ASHRAE 34-2022. EPA
anticipates that users will be able to meet the AIHA WEELs and the
manufacturer's AEL and address potential health risks by following
requirements and recommendations in the manufacturers' SDS, the final
use conditions (including adherence to UL 60335-2-89 and ASHRAE
Standard 15), and other safety precautions common to the refrigeration
and AC industry.
Comparison to other substitutes in this end-use: HFC-32, HFO-
1234yf, and the refrigerant blends R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A all have an ODP of zero, comparable to or lower than
some of the acceptable substitutes in new commercial ice machines, such
as HFC-134a, R-410A, and R-513A, with ODPs of zero.
HFO-1234yf has a GWP of one, comparable to that of R-290 and
ammonia with GWPs of three and zero. R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A have GWPs ranging from 140 to 465, higher than some of
the acceptable substitutes for new commercial ice machines and lower
than those of other substitutes such as R-450A and R-513A, with GWPs of
about 600 and 630. HFC-32 has a GWP of 675, higher than some of the
acceptable substitutes including R-290, R-450A, and R-513A; however,
the GWP of HFC-32 is lower than those of R-410A and R-404A, with GWPs
of approximately 2,090 to 3,920, which are refrigerants that have
typically been employed in larger systems. Our evaluation is that the
characteristics of HFC-32, R-454A, and R-454B meet the technical needs
of larger commercial ice machines, providing larger charge sizes,
greater capacity and no glide, allowing for even formation of ice,
while lower-GWP alternatives do not. For instance, R-513A and R-450A
have lower capacity than HFC-32, and R-290 is restricted to smaller
charge sizes (see section II.D of this preamble for further
information). Remote appliances using A2L refrigerants, including
remote condensers, may be either self-contained or field erected and
may be factory or field charged.
Information regarding the toxicity of other available alternatives
is provided in the previous listing decisions for new commercial ice
machines (<a href="https://www.epa.gov/snap/substitutes-commercial-ice-machines">https://www.epa.gov/snap/substitutes-commercial-ice-machines</a>). Toxicity risks of use, determined by the likelihood of
exceeding the exposure limit of HFC-32, HFO-1234yf, and the refrigerant
blends in these end-uses are evaluated in the risk screens referenced
previously. The toxicity risks of using HFC-32, HFO-1234yf, and the
refrigerant blends in new commercial ice machines are comparable to or
lower than toxicity risks of other available substitutes in the same
end-use. Toxicity risks of the listed refrigerants can be mitigated by
use consistent with UL 60335-2-89 and ASHRAE 15-2022-which are required
by our final 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 of HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the new
commercial ice machine end-use, determined by the likelihood of
exceeding their respective LFLs, are evaluated in the risk screens
referenced previously in this section. While these refrigerants pose
greater flammability risk than other available, non-flammable
substitutes in the new commercial ice machines end-use, this risk can
be mitigated by use consistent with ASHRAE 15-2022 and UL 60335-2-89,
required as use conditions in this rule, as well as recommendations in
the manufacturers' SDS and other safety precautions common in the
refrigeration and AC industry. EPA is requiring use conditions to
reduce the potential risk associated with the flammability of these
alternatives so that they will not pose greater overall risk to human
health and the environment than other acceptable substitutes in the new
commercial ice machines end-use.
In addition, the listed refrigerants have lower GWPs than most
other available alternatives for new commercial ice machines. The
listing of these refrigerants provides additional lower-GWP options for
situations where other refrigerants with lower GWPs are not viable,
such as for use of HCs in systems with remote compressors or equipment
requiring larger charge sizes, where equipment using CO<INF>2</INF> may
not be able to meet energy conservation standards from the DOE, or
where a refrigerant must have minimal glide to ensure consistent
freezing while manufacturing ice. Given the wide range of applications
and exacting performance requirements for commercial ice machines, not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in new commercial ice machines. To provide
additional options to ensure the availability of refrigerants with
lower GWPs for the full range of new commercial ice machines and,
therefore, lower overall risk to human health and the environment, EPA
is listing HFO-1234yf and the refrigerant blends R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
all types of new commercial ice machines. Further, EPA is listing HFC-
32, R-454A, and R-454B as acceptable, subject to use conditions, in
larger commercial ice machines: specifically, remote commercial ice
machines, self-contained batch-type commercial ice machines with a
harvest rate greater than 1,000 lb ice per 24 hours, and self-contained
continuous-type commercial ice machines with a harvest rate above 1,200
lb ice per 24 hours. EPA is not finalizing listings for those three
refrigerants for smaller self-contained commercial ice machines at this
time, as lower-GWP refrigerants, such as R-290, perform adequately.
Further, EPA notes that in the final Technology Transitions Rule under
the AIM Act, smaller self-contained commercial ice machines, namely,
batch-type self-contained units with a harvest rate at or below 1,000
lb ice per 24 hours and continuous-type self-contained units with a
harvest rate at or below 1,200 lb ice per 24 hours, are restricted to
using refrigerants with a GWP less than 150.
4. Why is EPA finalizing these specific use conditions?
The use conditions identified in these final listings are explained
in section II.H.1 of this preamble in greater detail.

[[Page 50430]]

5. What additional information is EPA including in these listings?
EPA is providing additional information related to these 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. 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 refrigerants. See section II.H.2 of this
preamble for further discussion on what additional information EPA is
including in these listings.
6. How is EPA responding to comments on commercial ice machines?
Comment: One commenter recommended that EPA restrict acceptable
substitutes in commercial ice machines to those below a 150 GWP limit.
The reason for this commenter's request was to align with GWP limits in
the proposed Technology Transition rulemaking, which, as proposed,
would set a January 1, 2025, compliance date limiting refrigerants over
a GWP of 150 for self-contained commercial ice machines with a charge
of 500 grams or less. They noted the proposed SNAP Rule 26's inclusion
of HFC-32, R-454A, and R-454B for use in commercial ice machines would
conflict with the proposed Technology Transitions Rule, which would
restrict the GWP of refrigerants below 150 in self-contained commercial
ice machines with a charge size less than 500 g. The commenter pointed
out that low-GWP refrigerants like carbon dioxide and R-717 would still
be available for use in this subsector. The commenter opposed the
addition of any refrigerants with a GWP of greater than 150, as
required under the proposed Technology Transitions Rule, including R-
454A in self-contained equipment.
Response: In this final rule, EPA is listing HFC-32, R-454A, and R-
454Bx as acceptable, subject to use conditions, for remote condensing
and larger self-contained commercial ice machines and is listing HFO-
1234yf, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to
use conditions, for all commercial ice machines. The Agency is aware
that commercial ice machine manufacturers have found it difficult to
design for the use of alternative refrigerants with a GWP less than 150
(like carbon dioxide and R-717) that have adequate performance
properties (e.g., sufficiently high pressure and volumetric capacity
and a lower boiling point) for use with larger equipment (i.e., with a
larger ice harvest rate) or with a remote condenser; thus, EPA is
listing three refrigerants as acceptable in this rule that have a GWP
of greater than 150 that equipment manufacturers have been testing for
use in commercial ice machines (i.e., HFC-32, R-454A, and R-454B).
These three refrigerants have GWPs of 237 for R-454A, 465 for R-454B,
and 675 for HFC-32, which are still lower than or comparable to
refrigerants such as R-450A or R-513A, with GWPs of approximately 600
and 630. Further, their GWPs are significantly lower than commonly used
HFC blends such as R-410A with a GWP of 2,090 and R-404A with a GWP of
3,920.
In response to comments related to the Technology Transitions Rule,
as noted previously in this preamble, EPA agrees that there may be
circumstances where there is little practical value in finalizing an
acceptable listing for an alternative where the Technology Transitions
Rule would restrict its use. However, that is not the situation here
for this listing for R-454A with a GWP of 237, R-454B with a GWP of
465, and HFC-32 with a GWP of 675, for use in remote condensing and
larger self-contained commercial ice machines. The Agency notes that
the final Technology Transitions Rule categorizes self-contained
commercial ice machines differently than in the proposed Technology
Transitions Rule. EPA restricted refrigerants to those with a GWP of
less than 150 for self-contained commercial ice machines with a harvest
rate less than or equal to 1,000 or 1,200 pounds of ice per 24 hours
(depending on whether the equipment was batch-type or continuous-type).
Self-contained commercial ice machines with greater harvest rates are
restricted from using certain higher-GWP HFC blends under that rule,
but the refrigerants being listed in this final SNAP rule are not
otherwise prohibited under the final Technology Transitions Rule. EPA
did not propose, and is not finalizing in this action, a use condition
restricting the use of those refrigerants that have a GWP of 150 or
greater (i.e., HFC-32, R-454A, and R-454B). While EPA is not finalizing
such a restriction in this action, in the future, EPA may consider
further whether such a restriction would be appropriate under SNAP. EPA
additionally notes, however, those refrigerants are still prohibited
under the final Technology Transition rule for self-contained
commercial ice machines with harvest rates less than or equal to 1,000
or 1,200 pounds per day.

D. Commercial Ice Machines--Revision of the Use Conditions in the
Previous Listing of R-290 as Acceptable, Subject to Use Conditions, for
Use in New Self-Contained Commercial Ice Machines

EPA is revising use conditions in the existing listing of R-290 as
acceptable, subject to use conditions, for use in new elf-contained
commercial ice machines established in SNAP Rule 21 (81 FR 86779,
December 1, 2016). In this final rule, we are updating those use
conditions to be consistent with the most recent U.S. national industry
safety standard for commercial refrigeration equipment, including self-
contained commercial ice machines, UL 60335-2-89. Among other things,
these revisions will allow safe use of larger charge sizes of R-290
than under the previous use condition requiring an earlier standard, UL
563, which will allow for broader use of R-290 as an alternative in
this end-use. Similar use conditions apply to other refrigerants with
lower flammability in this SNAP action in section II.C of this
preamble. The final use conditions are allowed for such equipment
manufactured on or after the effective date of this final rule and do
not apply to nor affect equipment manufactured before that effective
date.
This revision to the use conditions incorporates by reference a
newer industry standard, changing the reference from Supplement SA to
the 8th edition, dated July 31, 2009, of UL 563, ``Ice Makers'' to UL
60335-2-89. EPA is providing a transition period during which self-
contained commercial ice machines manufactured with R-290 may follow
either UL 563 or UL 60335-2-89. After the transition period ends, new
self-contained commercial ice machines manufactured with R-290 must
follow UL 60335-2-89 for purposes of the SNAP program, except as noted
below for models that remain essentially unchanged from their earlier
UL certification to UL 563.
Several use conditions finalized for this end-use are similar to
those finalized for other end-uses. Because of this similarity, EPA
discusses the use conditions that apply to all five end-uses in section
II.H of this preamble. In summary, the common use conditions are:
restricting the use of the refrigerant to new equipment that is
specifically designed and clearly marked for that refrigerant; use
consistent with ASHRAE 15-2022 and with UL 60335-2-89 including
testing, charge sizes, ventilation, usage space requirements, and
certain hazard warnings and markings; and requirements for warning
labels and markings on equipment to

[[Page 50431]]

inform consumers, technicians, and first responders of potential
flammability hazards. The regulatory text of the use conditions appears
in tables at the end of this document.
In this final action, EPA is revising the existing listing for R-
290 in new self-contained commercial ice machines in appendix V to 40
CFR part 82, subpart G. The revised regulatory text contains listing
decisions for new self-contained commercial ice machines in appendix V.
EPA is also republishing certain other previous listings for purposes
of formatting for the Federal Register; EPA is not finalizing
substantive changes to those earlier decisions (e.g., listings for R-
290 in new water coolers and in new very low temperature refrigeration
equipment).
1. Background on Commercial Ice Machines
See section II.C.1 of this preamble for background on this end-use.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group.
See section II.A.2 of this preamble for further discussion on ASHRAE
classifications.
3. What is R-290 and where is there information on its use in this end-
use?
See section II.B.3 of this preamble for further discussion on the
identity, environmental, flammability, toxicity, and exposure
information for R-290.
Redacted submissions and supporting documentation for R-290 are
provided in the docket for this final rule (EPA-HQ-OAR-2023-0043) at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed a risk screening assessment
to examine the health and environmental risks of this refrigerant in
self-contained commercial ice machines. The risk screen is available in
the docket for this final rule.\51\
---------------------------------------------------------------------------

\51\ ICF, 2023q. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: (R-290).
---------------------------------------------------------------------------

4. What existing use conditions apply to this refrigerant in this end-
use?
EPA previously listed R-290 acceptable, subject to use conditions,
in new self-contained commercial ice machines in SNAP Rule 21 (81 FR
86779, December 1, 2016). Those requirements are codified in appendix V
to 40 CFR part 82, subpart G. EPA provided information on the
environmental and health risks of R-290 and the various substitutes
available at that time for use in this end-use. Additionally, EPA's
previous risk screen for this refrigerant, based on the use conditions
in that rule, is available in the docket for that previous rulemaking
(EPA-HQ-OAR-2015-0663).
R-290 has an ASHRAE classification of A3, indicating that it has
low toxicity and higher flammability. In the presence of an ignition
source (e.g., static electricity, a spark resulting from a closing
door, or a cigarette), an explosion or a fire could occur if the
concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1
percent) by volume.
The use conditions established in the 2016 listing for R-290 in new
self-contained commercial ice machines addressed safe use of this
flammable refrigerant and included the following: incorporation by
reference of Supplement SA to the 8th edition (July 31, 2009, including
revisions through November 29, 2013) of UL 563, ``Ice Makers;''
refrigerant charge size limits based on cooling capacity and type of
equipment; and requirements for markings and warning labels on
equipment using the refrigerant to inform consumers, technicians, and
first responders of potential flammability hazards. Our assessment and
listing decisions in SNAP Rule 21 (81 FR 86779, December 1, 2016) found
that with the use conditions, the overall risk of this refrigerant,
including the risk due to flammability, was not greater in this end-use
than other substitutes that are currently or potentially available for
that same end-use.
5. What updates to existing use conditions for commercial ice machines
is EPA finalizing?
EPA is finalizing the proposed use conditions that apply to R-290
in new self-contained commercial ice machines manufactured on or after
the effective date of this final rule. Several of the updated use
conditions finalized for use of R-290 in self-contained commercial ice
machines are common to those finalized for the stand-alone units end-
use in section II.B of this preamble. Other use conditions are common
to all refrigerants and all five end-uses in this final rule. Because
of this similarity, EPA discusses the use conditions that apply to all
five end-uses in section II.H of this preamble. For R-290 in self-
contained commercial ice machines, these are the only revised use
conditions EPA is finalizing. In summary, the common use conditions for
all five end-uses are: restricting the use of the refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89
(with certain exceptions), 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, technicians, and first responders of potential
flammability hazards.
EPA is finalizing the use conditions in this action, which apply to
new self-contained commercial ice machines manufactured on or after the
effective date of this final rule. This final rule does not apply to
nor affect equipment manufactured before that effective date. The final
regulatory text presents these different requirements as numbered
listings in separate table rows, where the end-use and the effective
time period during which the equipment is manufactured are in the left-
most column, with the heading ``End-use''; the specific requirements
are listed as use conditions in the fourth column, with the heading
``Use Conditions.'' Under SNAP, EPA views equipment to be manufactured
at the date upon which 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.
For new self-contained commercial ice machines, this occurs at the
factory. New self-contained commercial ice machines manufactured using
R-290 between January 3, 2017, and the effective date of this final
rule are required to meet the use conditions in SNAP Rule 21 (which
took effect January 3, 2017) and as listed in appendix V to 40 CFR part
82, subpart G (in listing 1), including the use condition incorporating
by reference Supplement SA to the 8th edition of UL 563. Such products
are permitted to be warehoused and sold through normal channels, even
if they are sold after the effective date of this final rule. Self-
contained ice machines using R-290 manufactured on or after the
effective date of this final rule are required to meet the use
conditions finalized and listed in the revisions to appendix V. Those
use conditions allow manufacturers of new self-contained commercial ice
machines using R-290 to follow either UL 563 or UL 60335-2-89,
dependent upon which standard the equipment was manufactured, from the
effective date of this final rule and will last through September 29,
2024, which is the date when UL is sunsetting UL 563. On and after
September 30, 2024, new self-contained commercial ice machines using R-
290 for any new equipment designs or models must meet

[[Page 50432]]

UL 60335-2-89; for an unchanged model or design that was already listed
by UL--that is, already certified to meet the requirements of UL 563--
it could continue to meet those requirements.
EPA is finalizing use conditions allowing all new self-contained
commercial ice machines using R-290 to be manufactured consistent with
Supplement SA of UL 563, up to and including September 29, 2024.
Therefore, during the time between the effective date of this final
rule and September 29, 2024, manufacturers may follow either UL 563,
8th edition or UL 60335-2-89, 2nd edition, depending on which standard
the equipment was designed to. This transition date was in this rule's
proposal in order to align with the industry standard sunsetting date
for UL 563. It is EPA's understanding that since proposal, UL has
discussed updating its effective date when UL 60335-2-89 replaces UL
563 to reflect a later continuing certification date. EPA is allowing
manufacturers to adhere to either standard for this limited time
because the Agency recognizes that manufacturers may need time to make
necessary changes including to their product labels. The period during
which manufacturers may follow either standard should provide
sufficient time for manufacturers to transition from UL 563 to UL
60335-2-89 while designing and testing new models and designs.
Beginning September 30, 2024, for the purposes of the SNAP program,
newly manufactured self-contained commercial ice machines of new models
and designs using R-290 must meet the requirements of UL 60335-2-89.
Newly manufactured self-contained commercial ice machines of existing
models and designs that are certified (e.g., UL-listed) using R-290
that remain unchanged other than cosmetic changes (e.g., color changes)
and that meet Supplement SA of UL 563 prior to September 30, 2024, may
continue to meet those requirements after that date. In addition, EPA
is requiring manufacturers to follow the set of use conditions that
correspond with a specific UL standard (e.g., EPA included text in the
revisions to appendix V stating that when an entity is using UL 563, it
is to follow all use conditions in listing 1 and when using UL 60335-2-
89, it is to follow all use conditions in listing 3 in the final
revisions to appendix V). See section II.H.1of this preamble for
further discussion on the requirements of UL 60335-2-89, 2nd edition,
which EPA is incorporating by reference.
EPA also notes that we are continuing to apply without revision two
existing use conditions, nor did we take comment on those two existing
use conditions. The use conditions that restrict the use of R-290 to
new equipment specifically designed for this refrigerant, and that
require red-colored markings at service ports, pipes, hoses, and other
devices through which the refrigerant is serviced, are existing use
conditions for R-290 in new self-contained commercial ice machines.
6. How do the new use conditions for commercial ice machines differ
from the existing ones and why is EPA changing the use conditions?
The revised use conditions EPA is finalizing for self-contained
commercial ice machines are similar to the ones that exist today in
appendix V to 40 CFR part 82, subpart G, for R-290 in this end-use. The
existing requirements that R-290 must be used in new equipment only and
that new self-contained commercial ice machines must include red
markings at service ports, pipes, hoses, and other devices through
which the refrigerant is serviced, are repeated in this final listing.
The revised use conditions concern incorporating by reference the most
recent U.S. industry standard for commercial ice machines and labeling
requirements consistent with that new standard. Self-contained
commercial ice machines using R-290 manufactured before the effective
date of this final rule are not affected by the revised use conditions.
Warning labels are required under EPA's existing regulations, and
EPA is continuing to require them, although with some specific language
changes. The finalized warning labels are identical to those previously
required as use conditions for the use of R-290 in self-contained
commercial ice machines. Using a common set of labels, like those in UL
60335-2-89, aids in compliance and could reduce burden for the
industry, especially for a manufacturer that uses more than one
refrigerant. EPA is finalizing that the labels must be provided in
letters no less than 6.4 millimeter (\1/4\ inch) high and must be
permanent, which is identical to the existing requirement for R-290 in
self-contained commercial ice machines.
EPA is incorporating by reference a newer industry standard in the
use conditions, including use of UL 60335-2-89, 2nd edition, instead of
continuing to require the standard Supplement SA of the 8th edition of
UL 563 for equipment manufactured on or after the effective date of
this final rule. UL 60335-2-89 was developed in an open and consensus-
based approach, with the assistance of experts in the refrigeration and
AC industry as well as experts involved in assessing the safety of
products. The revision cycle for the 2nd edition, including final
recirculation, concluded with its publication on October 27, 2021. The
2021 standard UL 60335-2-89 replaces the previously published version
of several standards, including UL 563, which had already been revised
into an 8th edition by that time. EPA is aware of the continuing
progress of UL standards to address flammable refrigerants. Today, we
are finalizing such a change knowing that UL is replacing the standard
to which such equipment is UL-listed from UL 563 to the newer UL 60335-
2-89 as of September 30, 2024.
To allow time for manufacturers of self-contained commercial ice
machines to transition between the existing use condition using the 8th
edition of UL 563 and the new use condition using UL 60335-2-89, EPA is
allowing R-290 to be used in self-contained commercial ice machines
manufactured either following UL 563 or UL 60335-2-89 during a
transition period. That transition period begins on the effective date
of this final rule and lasts through September 29, 2024. It is EPA's
understanding that UL intends to sunset UL 563 on September 29, 2024,
and EPA is coordinating with that sunset date. Further, based on public
comments, EPA understands that UL allows newly manufactured equipment
that remains unchanged from its previous UL-listed (certified) design
or model to continue to follow an earlier standard such as UL 563
because the manufacturer has made no changes. EPA is adopting a similar
approach, as well, in this final rule. Beginning September 30, 2024,
the use condition allows R-290 to be used in new self-contained
commercial ice machines that follow UL 60335-2-89 or in newly
manufactured stand-alone units that are unchanged from the model or
design previously UL-listed as meeting UL 563, 8th edition. In
addition, manufacturers must follow the set of use conditions that
correspond with a specific UL standard (i.e., when using UL 563, follow
all use conditions in listing 1 and when using UL 60335-2-89, follow
all use conditions in listing 3 in the final revisions to appendix V of
part 82, subpart G).
Another revision to the use conditions is the limit on charge
sizes. The existing use conditions from SNAP Rule 21 require charge
sizes to be calculated consistent with UL 563, with a maximum charge
size of 150 g allowed. The final revised use conditions for equipment
manufactured on or after the effective date of this final rule allow
charge sizes calculated based on UL 60335-2-89, which allows charge
sizes

[[Page 50433]]

of R-290 up to approximately 500 g for open equipment, 300 g for
equipment with doors or drawers, or 115 g for equipment near a pathway
for egress. These changes allow the use of R-290 in larger equipment
than previously and provide more options for industry, while
maintaining environmental health and human safety.
Because of the differences between UL 563 and UL 60335-2-89, EPA
performed a new risk screen for R-290 as a refrigerant in self-
contained commercial ice machines.\52\ In this risk screen, EPA
adjusted charge sizes to be consistent with the larger charge sizes
allowed for R-290 under UL 60335-2-89. The risk screen also considered
the impact of mitigation methods such as valves that would restrict the
amount of refrigerant that could be released. The updated risk screen
found that concentrations of R-290 still would not exceed the LFL when
used according to the new use condition with releasable charges and
larger charge limits and consistent with UL 60335-2-89, and thus the
new use conditions also address flammability risks of using R-290.\53\
In addition, the risk screen modeled the reasonable worst-case scenario
of short-term exposure (15-minute TWA) due to a catastrophic release of
the charge. Under this highly conservative scenario, the worst-case
exposure was still significantly lower than the ATEL of 50,000 ppm.\54\
For further information, see the risk screen \55\ for R-290 in self-
contained commercial ice machines in the docket for this rulemaking.
---------------------------------------------------------------------------

\52\ ICF, 2024q. Op. cit.
\53\ Ibid.
\54\ Ibid.
\55\ Ibid.
---------------------------------------------------------------------------

7. What additional information is EPA including in this listing?
EPA is providing additional information related to this final
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. 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 refrigerants. See section II.H.2 of this
preamble for further discussion on what additional information EPA is
including in these listings. EPA notes that the additional information
is similar to, but not identical with, the additional information in
the listing for R-290 in self-contained commercial ice machines in SNAP
Rule 21. EPA is finalizing additional information to that included in
the listings for R-290 in self-contained commercial ice machines in
SNAP Rule 21.
8. How is EPA responding to comments on listing R-290 and updating the
use conditions for R-290 in self-contained commercial ice machines?
Comment: One commenter expressed that EPA should not allow for the
use of R-290 in commercial ice machines with remote compressors that
are not self-contained due to flammability concerns. Specifically, the
commenter stated that the use of R-290 is restricted in UL 60335-2-89
to self-contained equipment to lessen the risks associated with higher
flammability refrigerants.
Response: EPA agrees with the commenter that R-290 should not be
allowed in commercial ice machines with remote compressors that are not
self-contained due to flammability concerns. The 2nd edition of UL
60335-2-89 limits the use of R-290 to self-contained commercial ice
machines, and that standard does not allow for use the use of R-290 in
commercial ice machines with remote compressors. EPA is finalizing use
conditions for R-290 in this final rule that are consistent with using
R-290 only in self-contained commercial ice machines and is not listing
R-290 as acceptable in commercial ice machines with remote compressors.
Comment: Two commenters suggested clarifications surrounding
manufacturers' use of R-290 in self-contained products (150 grams or
less). They noted that UL will allow manufacturers to continue under UL
563 requirements until a significant product change is made or the
manufacturer withdraws their file. The commenters stated that only at
that time will R-290 equipment become subject to 60335-2-89. They asked
for EPA to clarify this in the final rule.
Response: EPA addressed a similar comment with respect to
refrigerated food processing and dispensing equipment end-uses in
section II.B.10 of this preamble. Those reasons are also applicable to
this end-use and for the same reasons, EPA is finalizing an end-use
description and use conditions for R-290 in this final rule that are
consistent with using R-290 only in self-contained commercial ice
machines and not in commercial ice machines with remote compressors.

E. Industrial Process Refrigeration--Listing of HFC-32, HFO-1234yf,
HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
Acceptable, Subject to Use Conditions, for Use in New Industrial
Process Refrigeration

This final rule lists HFC-32, HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A
as acceptable, subject to use conditions, for use in new IPR equipment.
HFO-1234yf, HFO-1234ze(E), and the refrigerant blends R-454C, R-455A,
R-457A, and R-516A are being listed for all IPR equipment including
both chillers and non-chiller--e.g., direct expansion (DX)--IPR
equipment. The listings for refrigerants HFC-32, R-454A, and R-454B are
being finalized in this rule only for chillers for IPR and for DX IPR
equipment where the temperature of the refrigerant entering the
evaporator is less than or equal to -30 [deg]C and for R-454A, also may
be used in DX IPR equipment with a refrigerant charge capacity less
than 200 pounds or in the high-temperature side of a cascade system
with the refrigerant temperature entering the evaporator higher than -
30 [deg]C. EPA is not finalizing listings for those three refrigerants
for other IPR uses at this time. EPA is modifying the proposed use
conditions for R-454A, R-454B, and HFC-32 to also allow these
substitutes in direct expansion IPR equipment with refrigerant entering
the evaporator at temperatures less than or equal to -30 [deg]C, based
on public comment regarding the limited availability of substitutes for
this particular temperature range and based upon our comparative risk
analysis concluding that these substitutes for these specific uses and
use conditions are not expected to pose greater risk to overall health
or the environment. EPA is not reaching a final decision in this rule
on these refrigerants for other IPR uses for HFC-32 and R-454B (i.e.,
for DX IPR equipment with the refrigerant temperature entering the
evaporator higher than -30 [deg]C).
Most of the use conditions finalized for the A2L refrigerants when
used in IPR are the same as those finalized for other end-uses. Because
of this similarity, EPA discusses the use conditions that apply to all
five end-uses in section II.H of this preamble. In summary, the common
use conditions are: restricting the use of each refrigerant to new
equipment that is specifically designed and clearly marked for that
refrigerant; use consistent with ASHRAE 15-2022 and

[[Page 50434]]

with UL 60335-2-89 (with certain exceptions), 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, technicians, and first responders of
potential flammability hazards.
In addition to the common use conditions discussed in section II.H
of this preamble, the following use condition also applies to HFC-32
and R-454B in IPR: these refrigerants may only be used in IPR: (1) For
chillers or (2) for equipment that is not a chiller withe the
refrigerant temperature entering the evaporator is less than or equal
to -30 [deg]C.
The following use condition also applies for R-454A in IPR: this
substitute may only be used in IPR (1) for chillers, (2) equipment with
the refrigerant temperature entering the evaporator less than or equal
to -30 [deg]C, (3) equipment with a refrigerant charge capacity less
than 200 pounds and with the refrigerant temperature entering the
evaporator higher than -30 [deg]C (-22 [deg]F), and (4) in the high-
temperature side of a cascade system with the refrigerant temperature
entering the evaporator higher than -30 [deg]C.
The regulatory text of the final decisions appears in tables at the
end of this document and is being codified in appendix Y to 40 CFR part
82, subpart G. The final regulatory text contains listing decisions for
the end-use discussed in this section. EPA notes that there may be
other legal obligations pertaining to the manufacture, use, handling,
and disposal of these refrigerants that are not included in the
information listed in the tables (e.g., the CAA section 608(c)(2)
venting prohibition or DOT requirements for transport of flammable
gases). Flammable refrigerants being recovered or otherwise disposed of
from IPR equipment are likely to be hazardous waste under RCRA (see 40
CFR parts 260 through 270).
1. Background on Industrial Process Refrigeration
IPR systems cool process streams in industrial applications, for
example, machining of metal products, fermentation of beer, or
operation of hydraulic circuits. The choice of refrigerant for specific
applications depends on ambient and required operating temperatures and
pressures. It is EPA's understanding that this type of equipment may
fall under the scope of ASHRAE 15-2022. This type of equipment also
typically falls under the scope of UL 60335-2-89, ``Requirements for
Commercial Refrigerating Appliances and Ice-Makers with an Incorporated
or Remote Refrigerant Unit or Motor-Compressor'' if it is not used in
an industrial occupancy \56\ and that it always falls under ASHRAE 15.
In contrast, industrial process air conditioning primarily cools
people, although it may also cool processes, and follows a different UL
standard (UL 60335-2-40). When chillers are used primarily to cool
process streams, rather than for comfort cooling, SNAP describes this
application as ``chillers in IPR.''
---------------------------------------------------------------------------

\56\ ASHRAE 15-2022 defines industrial occupancy as, ``a premise
or that portion of a premise that is not open to the public, where
access by authorized persons is controlled, and that is used to
manufacture, process, or store goods such as chemicals, food, ice,
meat, or petroleum.''
---------------------------------------------------------------------------

2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants listed for IPR in this
section as being in the A2L Safety Group. See section II.A.2 of this
preamble for further discussion on ASHRAE classifications.
3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C,
R-455A, R-457A, and R-516A and how do they compare to other
refrigerants in the same end-use?
See sections II.A.3 and II.C.3 of this preamble for further
discussion on the environmental, flammability, toxicity, and exposure
information for these refrigerants.
The redacted submission and supporting documentation for HFC-32,
HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and
R-516A is provided in the docket for this rule (EPA-HQ-OAR-2023-0043)
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA performed risk screening
assessments to examine the health and environmental risks of these
refrigerants. These risk screens are available in the docket for this
rule.57 58 59 60 61 62 63 64 65
---------------------------------------------------------------------------

\57\ ICF, 2023r. Risk Screen on Substitutes in Industrial
Process Refrigeration (New Equipment); Substitute: HFC-32
(Difluoromethane).
\58\ ICF, 2023s. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: HFO-1234yf.
\59\ ICF, 2023t. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg]
ze, Solstice[supreg] 1234ze).
\60\ ICF, 2023u. Risk Screen on Substitutes in Industrial
Process Refrigeration and Cold Storage Warehouses (New Equipment);
Substitute: R-454A (Opteon[supreg] XL40).
\61\ ICF, 2023v. Risk Screen on Substitutes in Industrial
Process Refrigeration (New Equipment); Substitute: R-454B
(Opteon[supreg] XL41).
\62\ ICF, 2023w. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-454C (OpteonTM
XL20).
\63\ ICF, 2023x. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
\64\ ICF, 2023y. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-457A.
\65\ ICF, 2023z. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-516A.
---------------------------------------------------------------------------

Comparison to other substitutes in this end-use: HFC-32, HFO-
1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-
516A all have an ODP of zero, comparable to or lower than some of the
acceptable substitutes in new IPR equipment, such as HFC-134a, R-410A,
and R-513A with ODPs of zero and hydrochlorofluoroolefin (HCFO)-
1233zd(E) with an ODP less than 0.0004.\66\
---------------------------------------------------------------------------

\66\ WMO, 2022.
---------------------------------------------------------------------------

HFO-1234yf and HFO-1234ze(E) both have a GWP of one, comparable to
that of R-290 and ammonia with GWPs of three and zero. R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 470,
higher than some of the acceptable substitutes for new IPR equipment,
including R-290 and ammonia, and lower than those of other substitutes
such as R-450A and R-513A with GWPs of about 600 and 630. HFC-32, which
EPA is restricting to use in chillers for IPR or in IPR equipment with
the refrigerant temperature entering the evaporator is less than or
equal to -30 [deg]C, has a GWP of 675, which is higher than some of the
acceptable substitutes including R-290, R-450A, and R-513A; however,
the GWP of HFC-32 is lower than those of R-410A and R-404A, with GWPs
of approximately 2,090 to 3,920, which are refrigerants that have
typically been employed in chillers for IPR, but as of January 1, 2026
or January 1, 2028, depending on the temperature range, will be subject
to restrictions in new IPR systems under the Technology Transitions
Rule. In light of that upcoming restriction, EPA is listing HFC-32 and
R-454B to provide additional lower-GWP, low-temperature refrigerants in
these end-uses. This upcoming restriction, and the corresponding value
of providing additional lower-GWP, low temperature refrigerants in
these end-uses, are additional considerations that informed EPA's
decision on this listing.
Information regarding the toxicity of other available alternatives
is provided

[[Page 50435]]

in the previous listing decisions for new IPR equipment (<a href="https://www.epa.gov/snap/substitutes-industrial-process-refrigeration">https://www.epa.gov/snap/substitutes-industrial-process-refrigeration</a>).
Toxicity risks of use, determined by the likelihood of exceeding the
exposure limits of HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A in this end-use, are evaluated in
the risk screens referenced previously. The toxicity risks of using
HFO-1234yf and the refrigerant blends in IPR, and of using all nine
refrigerants in chillers for IPR, are comparable to or lower than
toxicity risks of other available substitutes in the same end-use.
Toxicity risks of these refrigerants can be mitigated by use consistent
with ASHRAE 15-2022 and other industry standards, recommendations in
the manufacturers' SDS, and other safety precautions common in the
refrigeration and AC industry.
The flammability risks with HFC-32, HFO-1234yf, HFO-1234ze(E), R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the IPR end-use,
determined by the likelihood of exceeding their respective LFLs, are
evaluated in the risk screens referenced in this section. While these
refrigerants may pose greater flammability risk than available
substitutes in the new IPR end-use that are non-flammable, this risk
can be mitigated by use consistent with ASHRAE 15-2022 and, if
applicable, UL 60335-2-89, as required by our use conditions, as well
as recommendations in the manufacturers' SDS and other safety
precautions common in the refrigeration and AC industry. We also note
that other acceptable refrigerants in the IPR end-use have higher
flammability and are classified in the A3 Safety Group, such as R-290,
butane (R-600), and propylene (R-1270). EPA is finalizing use
conditions to reduce the potential risk associated with the
flammability of the alternatives so that they will not pose greater
overall risk to human health and the environment than other acceptable
substitutes for new equipment in the IPR end-use.
In addition, the listed substitutes have lower GWPs than most other
available alternatives for the same uses. The listed refrigerants may
provide additional lower-GWP options for situations where other
refrigerants with lower GWPs are not viable, such as situations where
sparks or flame might occur such that HCs are not suitable for use, or
for systems with remote compressors or equipment requiring larger
charge sizes, where refrigerant leaks are more likely to create greater
flammability risk. Given the wide range of applications for IPR, not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in the IPR end-use. To provide additional
options to ensure the availability of refrigerants with lower GWPs for
the full range of IPR equipment and, therefore, lower overall risk to
human health and the environment, EPA is listing HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A as acceptable, subject to
use conditions, for use in IPR.
EPA is also listing the refrigerants HFC-32 and R-454B with a use
condition restricting their use to chillers in IPR or in IPR equipment
with the refrigerant temperature entering the evaporator is less than
or equal to -30 [deg]C. These refrigerants have higher GWPs than the
other refrigerants EPA is listing as acceptable, subject to use
conditions, but lower GWPs than many refrigerants typically used today
in chillers for IPR, such as R-410A and R-404A, with GWPs of 2,090 and
3,290 respectively (but will be restricted as soon as January 1, 2026).
These refrigerants also have lower flammability than HC refrigerants
currently listed as acceptable in IPR. In light of upcoming
restrictions under the Technology Transitions Rule, EPA is listing
additional substitutes for use in these end-uses. The Agency expects
that these refrigerants may provide additional, lower-GWP options for
chillers for IPR, where greater volumetric capacity and higher
operating pressures may be required to operate properly than for other
types of IPR equipment (e.g., direct expansion systems), to address
applications where other substitutes with lower GWPs may not be
technically feasible, safe to human health, or environmentally
suitable. In addition, these refrigerants may provide additional,
lower-GWP options for IPR equipment where the temperature of the
refrigerant needs to attain temperatures less than or equal to -30
[deg]C; fewer refrigerants have boiling points low enough to achieve
these lower temperatures, and thus, EPA is also finalizing listings for
HFC-32 and for R-454B, with boiling points of -51.9 [deg]C and -51
[deg]C, respectively, to provide additional options.
EPA is also listing the refrigerant R-454A with a use condition
that this substitute may only be used either in chillers for IPR, in
equipment with a refrigerant charge capacity less than 200 pounds, in
the high-temperature side of a cascade system, or in IPR equipment with
the refrigerant entering the evaporator is less than or equal to -30
[deg]C. This refrigerant may provide additional, lower-GWP options for
chillers for IPR, where greater volumetric capacity and higher
operating pressures may be required to operate properly than for other
types of IPR equipment. R-454A may also address the additional
challenges for finding lower-GWP refrigerants with higher capacity for
non-chiller IPR equipment with moderate charge sizes and for cascade
systems; hence, EPA is listing R-454A as acceptable, subject to use
conditions, for use in new non-chiller IPR equipment with a charge size
capacity less than 200 pounds or for use in the high-temperature side
of a cascade system. In addition, these refrigerants may provide
additional, lower-GWP options for IPR equipment where the temperature
of the refrigerant needs to attain temperatures less than or equal to -
30 [deg]C; fewer refrigerants have boiling points low enough to achieve
these lower temperatures, and thus, EPA is also finalizing a listing
for R-454A in IPR equipment with the refrigerant temperature entering
the evaporator is less than or equal to -30 [deg]C (with a boiling
point of -48 [deg]C) to provide ad

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