contamination is unlikely. Depending on the type of equipment being
serviced, and its typical servicing patterns, it is quite possible that
refrigerants could be mixed, particularly where best practices are not
employed. Currently, many different refrigerants are used in
refrigerators and freezers. Technicians are likely to encounter
numerous refrigerants--now including hydrocarbons--raising the
possibility that flammable refrigerants could be mixed with non-
flammable refrigerants or that flammable refrigerants could be added to
an appliance designed for non-flammable refrigerants. Not only does the
mixing of refrigerants pose a risk for the cooling system of the
appliance, it also can limit reclamation options. Whereas--as observed
by two commenters--pure refrigerants have market value, contaminated
refrigerants are costly to re-purify into their individual refrigerant
components, and costly to discard properly, raising the

risk of illegal venting. Nevertheless, EPA agrees with the commenters
that cross-contamination itself does not pose safety issues sufficient
to warrant a mandatory requirement for unique fittings.
    Comment: Several commenters observed that technicians could defeat
the intent of the requirement by using other kinds of fittings after
first service. One commenter stated that service technicians have the
tools to bypass unique fittings and would do so rather than purchase
additional gauges and line sets to service the small number of
hydrocarbon refrigerators. Another stated that most small appliances do
not have fittings (unique or otherwise) and that technicians and the
public could use line-piercing fittings if needed.
    Response: EPA understands that a requirement for unique fittings
would not prevent illegal or improper efforts to service appliances if
a technician were determined to do so. The ``Further Information''
section in the regulation recommends that only technicians specifically
trained in handling flammable refrigerants service refrigerators and
freezers containing these refrigerants, and that technicians gain an
understanding of minimizing the risk of fire and the steps to use
flammable refrigerants safely. We note that, in addition to preventing
the mixing of refrigerants, the proposed use condition was intended to
reduce the risk of fire by ensuring that flammable refrigerants are
used only in appliances designed for flammable refrigerants. The
proposed use condition was intended to prevent a technician from
inadvertently attempting to service a refrigerator as if it contained
non-flammable refrigerant when it actually contained highly flammable
hydrocarbon refrigerant, or vice versa.
    Comment: Four commenters stated that education is the best tool to
prevent refrigerant contamination. One suggested creating a nationwide
training program; the other, which specializes in training, observed
that training had proven to be an effective option in lieu of a
previous proposal to require unique fittings for high-pressure HFC
refrigerants.
    Response: EPA supports the concept of a national training program
for flammable refrigerants and welcomes industry efforts to educate
technicians on proper refrigerant use and proper service and disposal
practices.

I. Small Containers

    EPA received nine comments on the proposed use condition to limit
the sale of the hydrocarbon refrigerants in containers designed to hold
less than five pounds (2.3 kg).\32\ This requirement was intended to
prevent purchase by untrained people who lack the skills or equipment
necessary to recover and charge refrigerant properly. Six commenters
supported the proposed requirement. Other comments are discussed below.
---------------------------------------------------------------------------

    \32\ As mentioned previously, the proposed rule inadvertently
represented 5 pounds as 2.8 kilograms instead of 2.3 kg, which is
accurate.
---------------------------------------------------------------------------

    Comment: Three commenters opposed this requirement, stating that a
small-container sales restriction was not the appropriate vehicle to
compel proper training. One observed that properly trained technicians
know how to handle refrigerants safely; another noted that the proposed
rule protections, such as labeling, would help mitigate the potential
risk associated with technician error; and the third observed that
untrained customers can already buy camping gas, which is a flammable
gas like isobutane.
    In addition, one of the commenters opposing the requirement stated
that it would pose practicality and logistics problems for its service
network for household refrigerators. The commenter stated that a five-
pound minimum requirement would result in the transport of more
combustibles in a service vehicle than needed and that it would be
preferable to use ``right-sizing'' canisters containing the exact
charge for the particular appliance to ensure efficient and accurate
service, to minimize the load a technician needs to carry, and to
prevent under- and over-charging.
    Response: After considering the comments received, EPA is removing
the small-container sales restriction from the use conditions. EPA
agrees that requiring the sale of the three hydrocarbon refrigerants in
containers of at least five pounds could cause the transport of an
unnecessary amount of refrigerant and increase risks to service
technicians and--in the event of a vehicular accident--to others on the
road. EPA intended the proposed use condition to prevent or minimize
the purchase of refrigerant by untrained people who would not have the
appropriate skills or equipment to properly recover or charge the
refrigerant. However, after considering the comments, EPA recognizes
that an unintended consequence of restricting smaller-container sales
is the prospect that appliance owners could purchase non-refrigerant-
grade propane such as camping gas to service their equipment. Non-
refrigerant-grade hydrocarbons could contain contaminants that might
fail to be absorbed by a filter drier, mix with the oil and cause high
wear on compressor bearings, or clog heat exchangers and capillary
tubes. Such events could lead to equipment failure, increased servicing
need, and more potential emissions of the refrigerant. These effects
could increase risk to the appliance owner, service technicians, and
those involved in appliance disposal.
    As discussed in Section V.K of this preamble, EPA agrees with the
importance of having hydrocarbon refrigerants handled only by trained
technicians. The listing decisions for these three refrigerants in
Appendix R to 40 CFR, part 82, subpart G, provide a recommendation that
only technicians specifically trained in handling flammable
refrigerants service refrigerators and freezers containing these
refrigerants. We also include a recommendation that technicians gain an
understanding of minimizing the risk of fire and the steps to use
flammable refrigerants safely.

J. Use of Hydrocarbon Refrigerants in Other End-Uses

    Comment: Three commenters requested that isobutane and propane be
considered for use in both the household refrigeration and retail food
refrigeration end-uses. Six other commenters specifically requested
that isobutane be allowed for use in retail food refrigeration. All of
these commenters reasoned that both refrigerants have similar physical
characteristics (e.g., flammability limits, toxicity profiles, handling
practices, safety group classification) and that the UL 250 and UL 471
standards do not distinguish between them.
    Response: EPA is finalizing acceptability determinations only for
the substitutes and end-uses identified in submissions to the Agency
and in the proposed rule: Isobutane and R-441A in the household
refrigeration end-use, and propane in the retail food refrigeration
end-use. The submitters did not request review of isobutane or R-441A
in the retail food refrigeration end-use, or propane in the household
refrigeration end-use, so EPA did not review those substitutes for
those end-uses in this rulemaking.
    The SNAP regulations at 40 CFR part 82, subpart G establish a
process for the submission and review of SNAP applications and the
finalization of acceptability determinations. EPA makes a listing
determination after evaluation of the substitute. EPA follows a notice-
and-comment rulemaking process to list substitutes that are proposed as
acceptable subject to use conditions, acceptable subject to

narrowed use limits, or unacceptable. Although EPA can issue SNAP
determinations for substitutes and end-uses that were not provided by
an applicant, the Agency must perform the same detailed analysis, based
on the criteria described in the SNAP regulations. EPA would need to
make a risk screen available to the public through the notice-and-
comment rulemaking process before making a listing decision. If EPA
were to find those substitutes acceptable in those specific end-uses,
use conditions would probably be necessary.
    We recognize the stakeholders' interest in using isobutane in the
retail food refrigeration end-use and propane in the household
refrigeration end-use. Preliminary information supports the
observations that the use profiles and handling practices for these
chemicals in these end-uses are very similar to the combinations of
substitutes and end-uses being finalized today. EPA may consider a
subsequent rulemaking addressing the use of isobutane and R-441A in the
retail food refrigeration end-use, and propane in the household
refrigeration end-use.
    Comment: One commenter noted that it did not have sufficient
information on HCR-188C and HCR-188C1 (i.e., R-441A) to recommend their
approval for the retail food refrigeration end-use. The commenter
stated, however, that if ASHRAE Standard 34 were to classify those
hydrocarbon blends as A3 refrigerants then the argument could be made
that they should be listed in both end-uses.
    Response: In February 2011, ASHRAE issued Addendum g to Standard
34-2010, classifying R-441A as an A3 refrigerant. We agree that an
applicant may be able to support a petition to find R-441A acceptable
subject to use conditions in the retail food refrigeration end-use
based on our current understanding that R-441A has characteristics that
are similar to those of propane. However, we do not currently have the
appropriate technical demonstrations before us to propose, much less
finalize, such a determination. If in the future a person submits a
petition supported by a technical demonstration, we could take
rulemaking action on such a listing.

K. Training

    EPA received eight comments in response to its discussion of
training in the preamble of the proposed rule. All acknowledged the
value of training.
    Comment: One commenter recommended against a mandatory national
training program, observing that in the European Union, where
hydrocarbon refrigerants are more prevalent, there is no national
training program and each manufacturer handles training on its own.
Another commenter, a training organization for technicians, suggested
that training be a required element of a federal certification of
technicians. The commenter noted that EPA intends to update the ``test
bank'' of test questions for technician certification under CAA section
608, and so the Agency should recognize the merits of incorporating
hydrocarbon refrigerants into existing programs. This commenter stated
that without a recertification program, hundreds of thousands of
technicians will not see the new test questions. Therefore the
commenter suggested that EPA either create another ``type'' category of
certification under CAA section 608 addressing flammable refrigerants
and/or require recertification of technicians every five years because
of new refrigerants. One commenter stated that EPA should strongly
consider delaying any SNAP acceptability listing for isobutane until
such a program can be developed and deployed industry-wide. The
commenter observed that this could take two years and increase costs to
consumers.
    Response: EPA agrees that training is an important way for
technicians to learn about the safe handling of flammable refrigerants.
We recognize that there are some long-standing training programs on
flammable refrigerants in other countries where hydrocarbon
refrigerants are currently in wide use. We also recognize that the use
of hydrocarbon refrigerants, and training on such use, is in its
infancy in the U.S., and is generally tied directly to specific
products or applications, rather than generally to multiple types of
products.
    Since the inception of the SNAP program and the section 608
refrigerant management program, we have continued to list a variety of
new refrigerants as acceptable. EPA has not previously required that
certified technicians be recertified as a result of the listing of the
additional refrigerants. Moreover, the goals of the section 608
technician certification program reflect the need to reduce emissions
during servicing, maintenance, repair and disposal. They do not
substitute for the proper training that is normally provided through
trade schools, apprenticeships, or other industry mechanisms. Given the
extent of technical knowledge available within the industry, we believe
that industry is better equipped than EPA to define the specific
contents of such training, and that it is not necessary for EPA to
require training in order for newly listed refrigerants to be used as
safely as other refrigerants currently available.
    Although we have determined not to require training as a use
condition for these substitutes to ensure that they can be used as
safely as other available refrigerants, we recommend that technicians
receive training on the safe handling of hydrocarbon refrigerants
through avenues such as industry-sponsored national training programs.

L. Other Options Considered

    EPA considered, and sought comment on, several other options or
related issues in the proposed rule, although we did not propose them.
This section describes comments the Agency received on those options.
    1. Use only in appliances specific to OEMs. EPA sought comment on
an option that would allow isobutane and propane as a refrigerant for
use only in OEM-specific appliances, as described in a SNAP
application. The reason for such a limitation would be the concern that
appliances from other manufacturers would not be designed with spark-
proof engineering; nor would the manufacturers be able to develop
recovery equipment compatible with flammable refrigerants.
    Comment: EPA received two comments supporting EPA's approach to not
impose such a limitation. One observed that limiting use to SNAP-
reviewed equipment would be time-consuming and costly for all parties
involved, with little added health and safety benefit.
    Response: EPA agrees that limiting refrigerant use to SNAP-reviewed
equipment would be time-consuming and costly for all parties involved.
We believe that adherence to the UL standards and the use conditions in
this rule will help ensure that equipment is designed to use these
refrigerants safely, and that use of these substitutes will present
risks that are lower than or comparable to the risks from other
potential substitutes. Thus we believe it is not necessary to include
such a limitation.
    2. Recovery equipment. EPA observed that it had considered
proposing a use condition requiring that recovery equipment used to
recapture flammable refrigerants be compatible with flammable
refrigerants, and sought information on whether there currently is an
industry standard for recovery units for flammable refrigerants and
whether specific recovery units are available that are compatible with
the refrigerants addressed in today's rule.

    Comment: One commenter stated a belief that there are no known
manufacturers of recovery equipment for hydrocarbon refrigerants.
Another commenter stated that recovery equipment used to recover
flammable refrigerants must be compatible with flammable refrigerants,
and in the absence of an industry standard, it has developed its own
service equipment designed to recapture a flammable refrigerant in
accordance with federal and state regulations. A third commenter
observed that recovery units are only used in countries like the U.S.
where venting is not allowed. Finally, one commenter observed that it
uses a recovery device in its U.S. test market that is specifically
designed for use with flammable refrigerants.
    Response: The availability of recovery equipment is not necessary
to ensure that the refrigerant will not pose more risk than other
available substitutes in this end-use. EPA will continue to assess the
need for, and availability of, recovery equipment that is compatible
with flammable refrigerants.
    3. Venting prohibition. EPA sought comment on whether, in a future
rulemaking, it should consider exempting hydrocarbon refrigerants from
the section 608 venting prohibition.
    Comment: Several commenters expressed varying levels of support for
exempting hydrocarbon refrigerants from the venting prohibition. Two
commenters expressed unequivocal support, and four stated that they
would support such an exemption if EPA were to confirm there would be
no health impact. Another commenter asserted that venting would pose
little environmental impact, comparing the worst-case scenario release
of 150 grams from retail food refrigeration end-uses, or 57 grams from
household refrigeration end-uses, to one and one-third pound,
respectively, of CO2 equivalent. Another commenter stated
that isobutane is not dangerous, but should not be vented in enclosed
spaces. Another commenter supported a venting exemption during
servicing, but advocated recovery at end-of-life due to environmental
risks associated with the release of refrigerant and oil captured in
the refrigerant. Finally, a commenter stated that the environmental
impact from venting such small charges is minimal and that safety
concerns could be better mitigated through a properly designed and
executed educational program. One commenter expressed reservations
about allowing venting, and recommended further assessment of
flammability risks as well as the potential risk associated with the
release of synthetic refrigerant oil during venting.
    Response: EPA appreciates the information provided by commenters.
Venting is addressed by section 608 of the CAA and EPA will develop a
separate rule under that authority if we determine that hydrocarbon
refrigerants in the household refrigeration and retail food
refrigeration end-uses should be exempted from the venting prohibition.
EPA exercised such authority to exempt hydrocarbons used in industrial
process refrigeration systems from the venting prohibition (see 69 FR
11946), but has not made a similar determination for hydrocarbons used
in household and retail food refrigerators and freezers. Currently,
EPA's regulations implementing section 608 at subpart F to 40 CFR part
82 would prohibit venting of isobutane, propane, and R-441A
refrigerants during service, maintenance, repair, and disposal from the
end-uses considered in this rule.
    4. Requiring only one use condition. EPA sought comment on an
approach that it considered (but did not propose): to require that the
only use condition for each hydrocarbon refrigerant be to meet
applicable UL 250 and UL 471 standards.
    Comment: EPA received one comment, which opposed such a provision.
    Response: As described above, and consistent with the proposal, EPA
has not limited the use conditions to compliance with the UL standards.
    5. ``Unacceptable'' finding pending industry-wide servicing
standards. EPA sought comment on (but did not propose) finding
hydrocarbon refrigerants unacceptable until an industry-wide standard
exists for servicing appliances using hydrocarbon refrigerants.
    Comment: EPA received two comments on this issue, one opposing and
one supporting. Neither commenter provided a rationale for its
recommendation.
    Response: As described elsewhere, and consistent with the proposal,
EPA is finding the three hydrocarbon refrigerants acceptable subject to
use conditions.

M. Other Comments on Proposed Rule

    Comment: In a comment unrelated to the specifics of the proposed
rule, one commenter recommended consideration of the type of automated
system it uses on its production line. This system sounds a pre-warning
alarm when 20 percent of the LFL is reached and shuts down the system
if 40 percent of the LFL is reached. The commenter noted that this
system conforms to the European standard and is approved by TUV
(Technischer [Uuml]berwachungs-Verein (Technical Inspection
Association)), a German safety monitoring agency.
    Response: EPA does not believe it is necessary to establish a use
condition requiring the type of system suggested by the commenter. OSHA
addresses the use of flammable substances in the workplace, including
through its regulations at 29 CFR 1910.106, as discussed in response to
other comments below. To the extent a manufacturer believes that
additional precautions are appropriate, we believe the manufacturer is
in the best position to determine how to address the risks of
installing a hydrocarbon refrigerant considering the specific
characteristics of its production facilities and personnel. We note
that in addition to OSHA requirements, other forces such as concerns
for liability; costs of fire and casualty insurance; and reputational
interests may also dictate a firm's behavior with respect to worker
health and safety protections.
    This final rule includes, in the ``Further Information'' column of
Appendix R, recommendations that OEMs institute safety precautions as
needed in their facilities to address potential hazards in the
production of appliances using hydrocarbon refrigerants. EPA notes that
OSHA regulations are in place to address such hazards. The table in
Appendix M references OSHA requirements at 29 CFR part 1910, including
those at 29 CFR 1910.106 (flammable and combustible liquids), 1910.110
(storage and handling of liquefied petroleum gases), and 1910.1000
(toxic and hazardous substances). Nothing in these final listing
decisions, including the ``Further Information'' column, supersedes
other regulations such as these OSHA requirements.
    Comment: Another commenter recommended that the use conditions in
the final rule address the use of an odorant as a warning agent to
alert manufacturing personnel or technicians of the presence of a leak.
Without recommending how the issue should be addressed in this final
rule, the commenter offered the following observations:
     Technicians or manufacturers may use mercaptan as an odor
warning agent;
     Mercaptan is corrosive and is removed by filters and
driers in refrigeration systems;
     Refrigerant classification standards for Australia and New
Zealand require that Group A3 refrigerants be odorized

or subject to alternative safety provisions.
    Response: EPA agrees that odorization is one way to alert
manufacturing or servicing personnel of the presence of a hydrocarbon
refrigerant. EPA's risk screen did not evaluate these refrigerants with
the addition of an odorant, nor did our proposed rule address odorants
in its discussion of refrigerant composition or in its proposed use
conditions. Today's final rule does not prohibit the introduction of an
odorant into isobutane, propane, or R-441A refrigerant as long as the
refrigerant remains within purity specifications. The use conditions in
today's final rule, such as red coloring and adherence to UL standards,
provide ample safeguards to alert manufacturers, service personnel, and
customers of the presence of a flammable refrigerant.

VI. What other changes is EPA making in the final rule?

    In addition to changes made in response to comments, as described
in Section V above, EPA is making the following minor changes:

A. Propane as Substitute for R-502

    EPA is revising the wording in the Appendix R table to correct a
typographical error. As discussed above, this final rule lists propane
as acceptable subject to use conditions as a substitute for CFC-12,
HCFC-22, and R-502 in the retail food refrigeration end-use. In the
NPRM, the proposed Appendix R table erroneously omitted R-502 (a blend
of HCFC-22 and CFC-115) from the listing, although it was included in
the preamble discussion. This final rule corrects the error by
including R-502 as one of the refrigerants for which propane is listed
as a substitute in the retail food refrigeration end-use.

B. Wording of Use Conditions for Labeling

    The use conditions in the proposed rule included requirements for
marking (e.g., labeling) of appliances using isobutane and HCR-188C1
(i.e., R-441A) in the household refrigeration end-use, and propane in
the retail food refrigeration end-use. EPA intended that language to
mirror that of the UL standards. We are making two minor changes to
this requirement.
    First, we are restructuring the language for the requirement. The
language of the proposed rule first listed the wording required for
five different types of labels, and then described where each of the
labels was to be placed. For the final rule, we have moved the location
requirements, so they are specified immediately before the
corresponding label wording. EPA believes this minor revision in the
regulatory language provides more clarity and makes the use condition
easier to implement.
    Second, EPA is making a minor technical correction to the wording
of one of the labels. In the proposed rule, one of the labels was to
read as follows:
    ``(b) Near the machine compartment: ``DANGER--Risk of Fire or
Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices.
To Be Repaired Only By Trained Service Personnel. Do Not Puncture
Refrigerant Tubing.''

The phrase ``Do Not Use Mechanical Devices'' was included erroneously
in the proposed requirement. EPA recognizes that trained personnel may
need to use mechanical devices to service the machine compartment. We
have removed that phrase from the use condition in the final listing
decision, making the condition consistent with the UL 250 and UL 471
requirements.

C. ``Further Information'' Column in Listing Decisions

    EPA is also modifying the recommendations listed under ``Further
Information'' to more appropriately cross-reference existing OSHA
regulations and to avoid confusion about the relationship between EPA
and OSHA requirements.
    The proposed rule contained, under ``Further Information,'' the
following recommendations:
     Technicians and equipment manufacturers should wear
appropriate personal protective equipment, including chemical goggles
and protective gloves when handling isobutane, HCR-188C, and HCR-188C1.
Special care should be taken to avoid contact with the skin since
isobutane, HCR-188C, and HCR-188C1 like many refrigerants, can cause
freeze burns on the skin.
     A class B dry powder type fire extinguisher should be kept
nearby.
     Proper ventilation should be maintained at all times
during the manufacture of appliances containing hydrocarbon refrigerant
through adherence to good manufacturing practices as per 29 CFR
1910.110.\33\ If refrigerant levels in the air surrounding the
equipment rise above one-fourth of the lower flammability limit, the
space should be evacuated, and re-entry should only occur after the
space has been properly ventilated.
---------------------------------------------------------------------------

    \33\ OSHA regulations at 29 CFR 1910.110 consider ventilation
adequate ``when the concentration of the gas in a gas-air mixture
does not exceed 25 percent of the lower flammable limit.''
---------------------------------------------------------------------------

     Technicians should only use spark-proof tools when working
refrigerators and freezers with R-600a, HCR-188C, and HCR-188C1.
     Recovery equipment designed for flammable refrigerants
should be used.
     Only technicians specifically trained in handling
flammable refrigerants should service refrigerators and freezers
containing these refrigerants. Technicians should gain an understanding
of minimizing the risk of fire and the steps to use flammable
refrigerants safely.
     In production facilities or other facilities where large
quantities of the refrigerant would be stored, proper safety
precautions should be in place to minimize the risk of explosion. These
facilities should be equipped with proper ventilation systems to
minimize the risks of explosion and should be properly designed and
operated to reduce possible ignition sources.
     Room occupants should evacuate the space immediately
following the accidental release of this refrigerant.
    The Agency did not receive any comments on these recommendations.
EPA believes that they are appropriate and that they serve as useful
reminders of safe practices for technicians and manufacturers. EPA
recognizes that some of these recommendations are reflected in OSHA
regulations for worker health and safety. For this reason, EPA is
adding a cross-reference to OSHA regulations at 29 CFR part 1910
(Occupational Health and Safety Standards) in order to ensure that
regulated entities are aware of these requirements. Specifically,
Appendix R provides a cross-reference to 29 CFR 1910.106 (flammable and
combustible liquids), 1910.110 (storage and handling of liquefied
petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000
(toxic and hazardous substances).

VII. Statutory and Executive Order Reviews

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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action.'' It raises novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Accordingly, EPA submitted this action to the Office of Management and
Budget (OMB) for review under Executive Orders 12866

and 13563 (76 FR 3821, January 21, 2011) and any changes made in
response to OMB recommendations have been documented in the docket for
this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This final rule is an Agency determination. It contains no new
requirements for reporting. The Office of Management and Budget (OMB)
has previously approved the information collection requirements
contained in the existing regulations in subpart G of 40 CFR part 82
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0226. This Information
Collection Request (ICR) included five types of respondent reporting
and recordkeeping activities pursuant to SNAP regulations: Submission
of a SNAP petition, filing a SNAP/TSCA Addendum, notification for test
marketing activity, recordkeeping for substitutes acceptable subject to
use restrictions, and recordkeeping for small-volume uses. The OMB
control numbers for EPA's regulations are listed in 40 CFR part 9 and
48 CFR Chapter 15.C.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of this rule on small entities, small entity
is defined as: (1) A small business as defined by Small Business
Administration regulations at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule. The requirements of
this final rule affect the manufacturers of household refrigerators and
freezers and retail food refrigerators and freezers. Today's action
allows users the additional options of using isobutane, propane, and R-
441A, but does not mandate such use. Because isobutane, propane, and R-
441A refrigeration systems are not yet manufactured in the U.S. (with
the exception of limited test-marketing), and because the final rule
actually imposes fewer requirements than the proposed rule (i.e.,
removal of the unique fittings requirement), manufacturers would not be
required to change business practices to meet the use conditions and
thus the rule would not impose any new costs on small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any State, local, or
tribal governments or the private sector.
    The enforceable requirements of this final rule related to
integrating risk mitigation devices, markings, and procedures for
maintaining the safety of household refrigerators and freezers and
retail food refrigerators and freezers using hydrocarbon refrigerants
affect only small number of manufacturers of these appliances and their
technicians. This rule provides additional refrigerant options,
allowing greater flexibility for industry in designing consumer
products. Further, since appliances using hydrocarbon refrigerants are
not yet widely produced in the U.S., we do not expect impacts on
existing users. Thus this rule is not subject to the requirements of
sections 202 or 205 of the UMRA. This action is also not subject to the
requirements of section 203 of UMRA because it contains no regulatory
requirements that might significantly or uniquely affect small
governments. This regulation applies directly to facilities that use
these substances and not to governmental entities. The finding of
``acceptability subject to use conditions'' for isobutane, propane, and
R-441A does not impact the private sector because manufacturers are not
producing systems under the current regulation. This final rule does
not mandate a switch to these substitutes; consequently, there is no
direct economic impact on entities from this rulemaking.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This regulation applies directly to
facilities that use these substances and not to governmental entities.
Thus Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. This final rule provides both
regulatory restrictions and recommended guidelines based upon risk
screens conducted in order to reduce risk of fire and explosion.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive

Order 13211 (66 FR 28355 (May 22, 2001)) because it is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Preliminary information indicates that appliances using
these hydrocarbon refrigerants may be more energy-efficient than
currently available systems in some climates. Therefore, we have
concluded that this rule is not likely to have any adverse energy
effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This final rule involves incorporation by reference of technical
standards issued by Underwriters Laboratories (UL) concerning the
safety and reliability of flammable refrigerants. UL standards are
voluntary consensus standards. The use conditions in the rule require,
for the household refrigeration end-use, adherence to the UL Standard
for Household Refrigerators and Freezers, UL 250, 10th edition, 1993,
updated August 2000. The use conditions also require, for the retail
food refrigeration end-use, adherence to the UL Standard for Commercial
Refrigerators and Freezers, UL 471, 10th edition, November 2010. Copies
of UL 250 and UL 471 may be purchased at http://ulstandardsinfonet.ul.com/.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. This final rule would allow sale of appliances with
refrigerant substitutes that have no ODP and low GWPs. The reduction in
ODS and GHG emissions would assist in restoring the stratospheric ozone
layer and provide climate benefits.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.
    This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
This rule will be effective February 21, 2012.

VIII. References

    This preamble references the following documents, which are also in
the Air and Radiation Docket at the address listed in Section I.B.1.
Unless specified otherwise, all documents are available electronically
through the Federal Docket Management System, Docket  EPA-HQ-
OAR-2009-0286.

ACRIB, 2001. Guidelines for the Use of Hydrocarbon Refrigerants in
Static Refrigeration and Air Conditioning Systems. Air Conditioning
and Refrigeration Industry Board. 2001.
A.D. Little, 1991. Risk Assessment of Flammable Refrigerants for Use
in Home Appliances (draft report). Arthur D. Little, Inc., for EPA,
Division of Global Change. September 10, 1991. Docket item EPA-HQ-
OAR-2009-0286-0023.
A.D. Little, 2002. Global Comparative Analysis of HFC and
Alternative Technologies for Refrigeration, Air Conditioning, Foam,
Solvent, Aerosol Propellant, and Fire Protection Applications. Final
Report to the Alliance for Responsible Atmospheric Policy, March 21,
2002. Available online at http://www.arap.org/adlittle/4.html.
Accessed on October 13, 2011.
AHRI, 2008. Air-Conditioning, Heating, and Refrigeration Institute,
AHRI Guideline N-2008: Assignment of Refrigerant Colors. 2008.
ASHRAE, 2010. American National Standards Institute (ANSI)/American
Society of Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE). Standard 34-2010: Designation and Safety Classification of
Refrigerants. 2010. (Supersedes ANSI/ASHRAE Standard 34-2007.)
A.S. Trust & Holdings, Inc., 2007. Significant New Alternatives
Policy Program Submission to the United States Environmental
Protection Agency. June 2007.
A.S. Trust & Holdings, Inc., 2009. HCR-188C New Composition. Follow-
up to the HCR-188C Significant New Alternatives Policy Program
Submission to the United States Environmental Protection Agency.
August 2009.
Ben and Jerry's, 2008. Ben and Jerry's/Unilever, Significant New
Alternatives Policy Program Submission to the United States
Environmental Protection Agency, October 2008.
EPA, 1994. Significant New Alternatives Policy Technical Background
Document: Risk Screen on the Use of Substitutes for Class I Ozone-
Depleting Substances: Refrigeration and Air Conditioning.
Stratospheric Protection Division. March, 1994.
GE, 2008. General Electric. Significant New Alternatives Policy
Program Submission to the United States Environmental Protection
Agency, October 2008.
Greenpeace, 1997. ``Greenfreeze A Revolution in Domestic
Refrigeration.'' Available online at http://archive.greenpeace.org/ozone/greenfreeze/. Accessed on October 13, 2011.
ICF, 1997. ICF Consulting. Physiological Effects of Alternative Fire
Protection Agents--Hypoxic Atmospheres Conference. Proceedings of
the conference held May 22, 1997 in New London, CT.
ICF, 2009a. ICF Consulting. ``Significant New Alternatives Policy
Program--Refrigeration and Air Conditioning Sector--Risk Screen on
Substitutes for CFC-12 in Household Refrigerators and Household
Freezers--Substitute: Isobutane.'' May 22, 2009.
ICF, 2009b. ICF Consulting. ``Significant New Alternatives Policy
Program--Refrigeration and Air Conditioning Sector--Risk Screen on
Substitutes for CFC-12, HCFC-22, and R502 in Retail Food
Refrigeration--Substitute: Propane.'' May 26, 2009.
ICF, 2009c. ICF Consulting. ``Significant New Alternatives Policy
Program in the Household Refrigeration Sector--Risk Screen on
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators,
Freezers and Window AC Units--Substitute: HCR-188C.'' July 17, 2009.

ICF, 2009d. ICF Consulting. ``Significant New Alternatives Policy
Program--Refrigeration and Air Conditioning Sector--Risk Screen on
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and
Freezers--Substitute: HCR-188C1.'' November 6, 2009.
ICF, 2011a. ICF Consulting. ``Significant New Alternatives Policy
Program Refrigeration and Air Conditioning Sector--Risk Screen on
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and
Household Freezers--Substitute: Isobutane.'' June 2011.
ICF, 2011b. ICF Consulting. ``Significant New Alternatives Policy
Program Refrigeration and Air Conditioning Sector--Risk Screen on
Substitutes for CFC-12, HCFC-22 and R502 in Retail Food
Refrigeration--Substitute: Propane.'' June 2011.
ICF, 2011c. ICF Consulting. ``Significant New Alternatives Policy
Program in the Household Refrigeration Sector--Risk Screen on
Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and
Freezers--Substitute: R-441.'' June 2011.
ICF, 2011d. ICF Consulting. ``Additional end-use modeling for
household refrigerators and freezers.'' July 2011.
IPCC/TEAP, 2005. Safeguarding the Ozone Layer and the Global Climate
System: Special Report of the Intergovernmental Panel on Climate
Change. Edited by Bert Metz, Lambert Kuijpers, Susan Solomon,
Stephen O. Andersen, Ogunlade Davidson, Jose Pons, David de Jager,
Tahl Kestin, Martin Manning and Leo Meyer. Cambridge University
Press. 2005. Available online at: http://www.ipcc.ch/pdf/special-reports/sroc/sroc_full.pdf.
Murray, D.M. 1997. ``Residential House and Zone Volumes in the
United States: Empirical and Estimated Parametric Distributions.''
Risk Analysis. 17(4): 439-446.
ORNL, 1997. J. Sand, S. Fischer, and V. Baxter, ``Energy and Global
Warming Impacts of HFC Refrigerants and Emerging Technologies,''
1997, Oak Ridge National Lab.
RTOC, 2010. The 2010 Report of the United Nations Environment
Programme (UNEP)'s Refrigeration, Air Conditioning and Heat Pumps
Technical Options Committee (RTOC). Available online at http://ozone.unep.org/teap/Reports/RTOC/RTOC-Assessment-report-2010.pdf.
TEAP, 2010. United Nations Environment Programme. Report of the
Technology and Economic Assessment Panel. Available online at http://ozone.unep.org/teap/Reports/TEAP_Reports/teap-2010-progress-report-volume2-May2010.pdf.
UL, 2000. UL 250: Household Refrigerators and Freezers. 10th
edition. Supplement SA: Requirements for Refrigerators and Freezers
Employing a Flammable Refrigerant in the Refrigerating System.
Underwriters Laboratories, Inc. August 25, 2000.
UL, 2010. UL 471. Commercial Refrigerators and Freezers. 10th
edition. Supplement SB: Requirements for Refrigerators and Freezers
Employing a Flammable Refrigerant in the Refrigerating System.
Underwriters Laboratories, Inc. November 24, 2010.
World Meteorological Organization (WMO), 2011. WMO Scientific
Assessment of Ozone Depletion: 2010. Available online at http://ozone.unep.org/Assessment_Panels/SAP/Scientific_Assessment_2010/index.shtml.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Reporting and
recordkeeping requirements.

    Dated: December 9, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, EPA is amending 40 CFR
part 82 as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

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

Subpart G--Significant New Alternatives Policy Program

0
2. Subpart G is amended by adding Appendix R to read as follows:

Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011 Final Rule, Effective
February 21, 2012

                            Substitutes That Are Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                Further
             End-use                  Substitute           Decision         Use conditions        information
----------------------------------------------------------------------------------------------------------------
Household refrigerators,          Isobutane (R-600a)  Acceptable Subject  These refrigerants  Applicable OSHA
 freezers, and combination         as a substitute     To Use Conditions.  may be used only    requirements at
 refrigerators and freezers.       for CFC-12 and                          in new equipment    29 CFR part 1910
(New equipment only)............   HCFC-22.                                designed            must be followed,
                                  R-441A as a                              specifically and    including those
                                   substitute for                          clearly             at 29 CFR
                                   CFC-12 and HCFC-                        identified for      1910.106
                                   22.                                     the refrigerant     (flammable and
                                                                           (i.e., none of      combustible
                                                                           these substitutes   liquids),
                                                                           may be used as a    1910.110 (storage
                                                                           conversion or       and handling of
                                                                           ``retrofit''        liquefied
                                                                           refrigerant for     petroleum gases),
                                                                           existing            1910.157
                                                                           equipment           (portable fire
                                                                           designed for a      extinguishers),
                                                                           different           and 1910.1000
                                                                           refrigerant)        (toxic and
                                                                          These refrigerants   hazardous
                                                                           may be used only    substances).
                                                                           in a refrigerator  Proper ventilation
                                                                           or freezer, or      should be
                                                                           combination         maintained at all
                                                                           refrigerator and    times during the
                                                                           freezer, that       manufacture and
                                                                           meets all           storage of
                                                                           requirements        equipment
                                                                           listed in           containing
                                                                           Supplement SA to    hydrocarbon
                                                                           the 10th edition    refrigerants
                                                                           of the              through adherence
                                                                           Underwriters        to good
                                                                           Laboratories (UL)   manufacturing
                                                                           Standard for        practices as per
                                                                           Household           29 CFR 1910.106.
                                                                           Refrigerators and   If refrigerant
                                                                           Freezers, UL 250,   levels in the air
                                                                           dated 1993          surrounding the
                                                                           updated August      equipment rise
                                                                           2000. In cases      above one-fourth
                                                                           where the final     of the lower
                                                                           rule includes       flammability
                                                                           requirements more   limit, the space
                                                                           stringent than      should be
                                                                           those of the 10th   evacuated and re-
                                                                           edition of UL       entry should
                                                                           250, the            occur only after
                                                                           appliance must      the space has
                                                                           meet the            been properly
                                                                           requirements of     ventilated.
                                                                           the final rule in  Technicians and
                                                                           place of the        equipment
                                                                           requirements in     manufacturers
                                                                           the UL Standard.    should wear
                                                                          The quantity of      appropriate
                                                                           the substitute      personal
                                                                           refrigerant         protective
                                                                           (i.e., ``charge     equipment,
                                                                           size'') shall not   including
                                                                           exceed 57 grams     chemical goggles
                                                                           (2.0 ounces) in     and protective
                                                                           any refrigerator,   gloves, when
                                                                           freezer, or         handling
                                                                           combination         isobutane and R-
                                                                           refrigerator and    441A. Special
                                                                           freezer for each    care should be
                                                                           circuit.            taken to avoid
                                                                                contact with the
                                                                                skin since these
                                                                                refrigerants,
                                                                                like many
                                                                                refrigerants, can
                                                                                cause freeze
                                                                                burns on the
                                                                                skin.

                                                                                A class B dry
                                                                                powder type fire
                                                                                extinguisher
                                                                                should be kept
                                                                                nearby.
                                                                                Technicians should
                                                                                only use spark-
                                                                                proof tools when
                                                                                working on
                                                                                refrigerators and
                                                                                freezers with
                                                                                isobutane and R-
                                                                                441A.
                                                                                Recovery equipment
                                                                                designed for
                                                                                flammable
                                                                                refrigerants
                                                                                should be used.
                                                                                Only technicians
                                                                                specifically
                                                                                trained in
                                                                                handling
                                                                                flammable
                                                                                refrigerants
                                                                                should service
                                                                                refrigerators and
                                                                                freezers
                                                                                containing these
                                                                                refrigerants.
                                                                                Technicians
                                                                                should gain an
                                                                                understanding of
                                                                                minimizing the
                                                                                risk of fire and
                                                                                the steps to use
                                                                                flammable
                                                                                refrigerants
                                                                                safely.
Household refrigerators,          Isobutane (R-600a)  Acceptable Subject  As provided in      Room occupants
 freezers, and combination         as a substitute     To Use Conditions.  clauses SA6.1.1     should evacuate
 refrigerators and freezers.       for CFC-12 and                          and SA6.1.2 of UL   the space
(New equipment only)............   HCFC-22.                                Standard 250, the   immediately
                                  R-441A as a                              following           following the
                                   substitute for                          markings shall be   accidental
                                   CFC-12 and HCFC-                        attached at the     release of this
                                   22.                                     locations           refrigerant.
                                                                           provided and       If a service port
                                                                           shall be            is added then
                                                                           permanent:          household
                                                                          (a) On or near any   refrigerators,
                                                                           evaporators that    freezers, and
                                                                           can be contacted    combination
                                                                           by the consumer:    refrigerator and
                                                                           ``DANGER-Risk of    freezers using
                                                                           Fire or             these
                                                                           Explosion.          refrigerants
                                                                           Flammable           should have
                                                                           Refrigerant Used.   service aperture
                                                                           Do Not Use          fittings that
                                                                           Mechanical          differ from
                                                                           Devices To          fittings used in
                                                                           Defrost             equipment or
                                                                           Refrigerator. Do    containers using
                                                                           Not Puncture        non-flammable
                                                                           Refrigerant         refrigerant.
                                                                           Tubing.''.          ``Differ'' means
                                                                          (b) Near the         that either the
                                                                           machine             diameter differs
                                                                           compartment:        by at least 1/16
                                                                           ``DANGER-Risk of    inch or the
                                                                           Fire or             thread direction
                                                                           Explosion.          is reversed
                                                                           Flammable           (i.e., right-
                                                                           Refrigerant Used.   handed vs. left-
                                                                           To Be Repaired      handed). These
                                                                           Only By Trained     different
                                                                           Service             fittings should
                                                                           Personnel. Do Not   be permanently
                                                                           Puncture            affixed to the
                                                                           Refrigerant         unit at the point
                                                                           Tubing.''.          of service and
                                                                          (c) Near the         maintained until
                                                                           machine             the end-of-life
                                                                           compartment:        of the unit, and
                                                                           ``CAUTION--Risk     should not be
                                                                           of Fire or          accessed with an
                                                                           Explosion.          adaptor.
                                                                           Flammable
                                                                           Refrigerant Used.
                                                                           Consult Repair
                                                                           Manual/Owner's
                                                                           Guide Before
                                                                           Attempting To
                                                                           Service This
                                                                           Product. All
                                                                           Safety
                                                                           Precautions Must
                                                                           be Followed.''.
                                                                          (d) On the
                                                                           exterior of the
                                                                           refrigerator:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Dispose of
                                                                           Properly In
                                                                           Accordance With
                                                                           Federal Or Local
                                                                           Regulations.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''
                                                                          (e) Near any and
                                                                           all exposed
                                                                           refrigerant
                                                                           tubing:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion Due To
                                                                           Puncture Of
                                                                           Refrigerant
                                                                           Tubing; Follow
                                                                           Handling
                                                                           Instructions
                                                                           Carefully.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''
                                                                          All of these
                                                                           markings shall be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (\1/4\ inch)
                                                                           high.
                                                                          The refrigerator,
                                                                           freezer, or
                                                                           combination
                                                                           refrigerator and
                                                                           freezer must have
                                                                           red, Pantone[reg]
                                                                           Matching System
                                                                           (PMS) 185 marked
                                                                           pipes, hoses, or
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced
                                                                           (typically known
                                                                           as the service
                                                                           port) to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.

Retail food refrigerators and     Propane (R-290) as  Acceptable subject  These refrigerants  Applicable OSHA
 freezers (stand-alone units       a substitute for    to use conditions.  may be used only    requirements at
 only).                            CFC-12, HCFC-22,                        in new equipment    29 CFR part 1910
(New equipment only)............   and R-502.                              specifically        must be followed,
                                                                           designed and        including those
                                                                           clearly             at 29 CFR 1910.94
                                                                           identified for      (ventilation) and
                                                                           the refrigerants    1910.106
                                                                           (i.e., none of      (flammable and
                                                                           these substitutes   combustible
                                                                           may be used as a    liquids),
                                                                           conversion or       1910.110 (storage
                                                                           ``retrofit''        and handling of
                                                                           refrigerant for     liquefied
                                                                           existing            petroleum gases),
                                                                           equipment           and 1910.1000
                                                                           designed for        (toxic and
                                                                           other               hazardous
                                                                           refrigerants).      substances).
                                                                          These substitutes   Proper ventilation
                                                                           may only be used    should be
                                                                           in equipment that   maintained at all
                                                                           meets all           times during the
                                                                           requirements in     manufacture and
                                                                           Supplement SB to    storage of
                                                                           the 10th edition    equipment
                                                                           of the              containing
                                                                           Underwriters        hydrocarbon
                                                                           Laboratories (UL)   refrigerants
                                                                           Standard for        through adherence
                                                                           Commercial          to good
                                                                           Refrigerators and   manufacturing
                                                                           Freezers, UL 471,   practices as per
                                                                           dated November      29 CFR 1910.106.
                                                                           2010. In cases      If refrigerant
                                                                           where the final     levels in the air
                                                                           rule includes       surrounding the
                                                                           requirements more   equipment rise
                                                                           stringent than      above one-fourth
                                                                           those of the 10th   of the lower
                                                                           edition of UL       flammability
                                                                           471, the            limit, the space
                                                                           appliance must      should be
                                                                           meet the            evacuated and re-
                                                                           requirements of     entry should
                                                                           the final rule in   occur only after
                                                                           place of the        the space has
                                                                           requirements in     been properly
                                                                           the UL Standard..   ventilated.
                                                                          The charge size     Technicians and
                                                                           for the retail      equipment
                                                                           food refrigerator   manufacturers
                                                                           or freezer shall    should wear
                                                                           not exceed 150      appropriate
                                                                           grams (5.3          personal
                                                                           ounces) in each     protective
                                                                           circuit..           equipment,
                                                                                including
                                                                                chemical goggles
                                                                                and protective
                                                                                gloves, when
                                                                                handling propane.
                                                                                Special care
                                                                                should be taken
                                                                                to avoid contact
                                                                                with the skin
                                                                                since propane,
                                                                                like many
                                                                                refrigerants, can
                                                                                cause freeze
                                                                                burns on the
                                                                                skin.
                                                                                A class B dry
                                                                                powder type fire
                                                                                extinguisher
                                                                                should be kept
                                                                                nearby.
                                                                                Technicians should
                                                                                only use spark-
                                                                                proof tools when
                                                                                working on
                                                                                refrigerators and
                                                                                freezers with
                                                                                propane.
                                                                                Recovery equipment
                                                                                designed for
                                                                                flammable
                                                                                refrigerants
                                                                                should be used.
                                                                                Only technicians
                                                                                specifically
                                                                                trained in
                                                                                handling
                                                                                flammable
                                                                                refrigerants
                                                                                should service
                                                                                refrigerators and
                                                                                freezers
                                                                                containing these
                                                                                refrigerants.
                                                                                Technicians
                                                                                should gain an
                                                                                understanding of
                                                                                minimizing the
                                                                                risk of fire and
                                                                                the steps to use
                                                                                flammable
                                                                                refrigerants
                                                                                safely.
Retail food refrigerators and     Propane (R-290) as  Acceptable subject  As provided in      Room occupants
 freezers (stand-alone units       a substitute for    to use conditions.  clauses SB6.1.2     should evacuate
 only).                            CFC-12, HCFC-22,                        to SB6.1.5 of UL    the space
(New equipment only)............   and R-502.                              Standard 471, the   immediately
                                                                           following           following the
                                                                           markings shall be   accidental
                                                                           attached at the     release of this
                                                                           locations           refrigerant.
                                                                           provided and       If a service port
                                                                           shall be            is added then
                                                                           permanent:          household
                                                                          (a) Attach on or     refrigerators,
                                                                           near any            freezers, and
                                                                           evaporators that    combination
                                                                           can be contacted    refrigerator and
                                                                           by the consumer:    freezers using
                                                                           ``DANGER-Risk of    these
                                                                           Fire or             refrigerants
                                                                           Explosion.          should have
                                                                           Flammable           service aperture
                                                                           Refrigerant Used.   fittings that
                                                                           Do Not Use          differ from
                                                                           Mechanical          fittings used in
                                                                           Devices To          equipment or
                                                                           Defrost             containers using
                                                                           Refrigerator. Do    non-flammable
                                                                           Not Puncture        refrigerant.
                                                                           Refrigerant         ``Differ'' means
                                                                           Tubing.''.          that either the
                                                                          (b) Attach near      diameter differs
                                                                           the machine         by at least 1/16
                                                                           compartment:        inch or the
                                                                           ``DANGER-Risk of    thread direction
                                                                           Fire or             is reversed
                                                                           Explosion.          (i.e., right-
                                                                           Flammable           handed vs. left-
                                                                           Refrigerant Used.   handed). These
                                                                           To Be Repaired      different
                                                                           Only By Trained     fittings should
                                                                           Service             be permanently
                                                                           Personnel. Do Not   affixed to the
                                                                           Puncture            unit at the point
                                                                           Refrigerant         of service and
                                                                           Tubing.''.          maintained until
                                                                          (c) Attach near      the end-of-life
                                                                           the machine         of the unit, and
                                                                           compartment:        should not be
                                                                           ``CAUTION--Risk     accessed with an
                                                                           of Fire or          adaptor.
                                                                           Explosion.
                                                                           Flammable
                                                                           Refrigerant Used.
                                                                           Consult Repair
                                                                           Manual/Owner's
                                                                           Guide Before
                                                                           Attempting To
                                                                           Service This
                                                                           Product. All
                                                                           Safety
                                                                           Precautions Must
                                                                           be Followed.''.
                                                                          (d) Attach on the
                                                                           exterior of the
                                                                           refrigerator:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion.
                                                                           Dispose of
                                                                           Properly In
                                                                           Accordance With
                                                                           Federal Or Local
                                                                           Regulations.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''
                                                                          (e) Attach near
                                                                           any and all
                                                                           exposed
                                                                           refrigerant
                                                                           tubing:
                                                                           ``CAUTION--Risk
                                                                           of Fire or
                                                                           Explosion Due To
                                                                           Puncture Of
                                                                           Refrigerant
                                                                           Tubing; Follow
                                                                           Handling
                                                                           Instructions
                                                                           Carefully.
                                                                           Flammable
                                                                           Refrigerant
                                                                           Used.''
                                                                          All of these
                                                                           markings shall be
                                                                           in letters no
                                                                           less than 6.4 mm
                                                                           (\1/4\ inch)
                                                                           high.

                                                                          The refrigerator
                                                                           or freezer must
                                                                           have red,
                                                                           Pantone[supreg]
                                                                           Matching System
                                                                           (PMS) 185 marked
                                                                           pipes, hoses, and
                                                                           other devices
                                                                           through which the
                                                                           refrigerant is
                                                                           serviced,
                                                                           typically known
                                                                           as the service
                                                                           port, to indicate
                                                                           the use of a
                                                                           flammable
                                                                           refrigerant. This
                                                                           color must be
                                                                           present at all
                                                                           service ports and
                                                                           where service
                                                                           puncturing or
                                                                           otherwise
                                                                           creating an
                                                                           opening from the
                                                                           refrigerant
                                                                           circuit to the
                                                                           atmosphere might
                                                                           be expected
                                                                           (e.g., process
                                                                           tubes). The color
                                                                           mark must extend
                                                                           at least 2.5
                                                                           centimeters (1
                                                                           inch) from the
                                                                           compressor and
                                                                           must be replaced
                                                                           if removed.
----------------------------------------------------------------------------------------------------------------
Note: In accordance with the limitations provided in section 310(a) of the Clean Air Act (42 U.S.C. 7610(a)),
  nothing in this table shall affect the Occupational Safety and Health Administrations' authority to promulgate
  and enforce standards and other requirements under the Occupational Safety and Health Act of 1970 (29 U.S.C.
  651 et seq.).
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories
  Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the
  regulations in part 82:
1. UL 250: Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and
  Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. August
  25, 2000.
2. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators
  and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc.
  November 24, 2010.
The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a)
  and 1 CFR part 51. Copies of UL Standards 250 and 471 may be purchased by mail at: COMM 2000; 151 Eastern
  Avenue, Bensenville, IL 60106; Email<EMAIL_ADDRESS>Telephone: 1<PHONE_NUMBER> in the U.S. or Canada
  (other countries dial +1<PHONE_NUMBER>); Internet address: http://ulstandardsinfonet.ul.com/ or www.comm-
  2000.com.
You may inspect a copy at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution
  Ave. NW., Washington DC or at the National Archives and Records Administration (NARA). For questions regarding
  access to these standards, the telephone number of EPA's Air and Radiation Docket is<PHONE_NUMBER>. For
  information on the availability of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[FR Doc. 2011-32175 Filed 12-19-11; 8:45 am]
BILLING CODE 6560-50-P