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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations SAE J2210 and SAE J1732 9 left as much as 30% of the refrigerant in MVACs. As a result of these findings, SAE
developed SAE J2788 and SAE J2810, which require that equipment be capable of recovering 95% of refrigerant from MVACs. Regarding impacts on vehicle manufacturers and service centers, this action is intended to provide additional flexibility for industry stakeholders that wish to select recovery and recycling equipment certified to the three SAE standards.
This action should not affect vehicle manufacturers and does not require the purchase of R1234yf MVAC servicing equipment. Instead it adopts existing SAE standards that include guidelines and requirements for equipment designed to service R1234yf MVACs safely and efficiently. Regarding the question about the benefits of recycling versus discarding R1234yf, the EPA
did not propose and is neither requiring nor prohibiting either destruction or recycling of R1234yf in this final rule, and thus this issue is not relevant to this rulemaking. Destruction of the refrigerant remains a viable option for service shops e.g., service shops could recover and send for destruction the refrigerant if so desired. Under CAA
section 609, all refrigerant, including R
1234yf, must be properly recycled or reclaimed before it can be reused, even if it is being returned to the vehicle from which it was removed. We understand that most service shops today choose to recover and either recycle or send for reclamation MVAC refrigerants.
Additionally, CAA section 608 and its implementing regulations prohibit knowingly venting or otherwise knowingly releasing or disposing of refrigerants such as R1234yf when maintaining, servicing, repairing, or disposing of air conditioning or refrigeration equipment, including MVACs. When an MVAC system enters the waste stream, the final person in the disposal chain must recover the refrigerant, or verify using a signed statement or contract that the refrigerant has been recovered, prior to disposal.
Additional information and requirements regarding safe disposal is available at https www.epa.gov/
section608/stationary-refrigeration-safedisposal-requirements.
Comment: One commenter requested that the EPA rely more on the International Laboratory Accreditation Cooperation accreditation framework for
assessments, monitoring, and granting accreditations. The commenter further requested that the EPA collaborate with DOC/NIST/Standards Coordination Office in order to provide consistent guidance.
Response: The EPA also acknowledges the commenters additional suggestions; however, they are outside the scope of this rulemaking, so no response is required.
Comment: One commenter expressed support for adoption of the three standards and stated that they are appropriate in that they help ensure the efficacy of MVAC refrigerant recycling equipment. The commenter, however, stated that the EPA does not have authority under CAA section 609 to mandate the purchase and use of R
1234yf servicing equipment and strongly objected to any mandate that requires the purchase and use of R
1234yf MVAC servicing equipment by dealerships because R1234yf is not an ozone-depleting substance ODS.
The commenter also objected to the proposed changes to the definition of properly using that they asserted would require the use of R1234yf MVAC servicing equipment in conformity with the regulations at 40
CFR part 82, subpart B. The commenter asserted that the rule lacks both a sufficient legal basis and any plausible cost/benefit justification and that market-based decisions alone should be considered.
Response: The EPA acknowledges the commenters support for the adoption of the three standards. In this action, the EPA is adopting and incorporating by reference the three existing SAE
standards to provide additional flexibility for stakeholders who wish to select recovery and recycling equipment certified to the three standards. The EPA
did not propose and is not mandating in this final rule that any person or dealership that services vehicles use R
1234yf or purchase or use R1234yf MVAC servicing equipment. The commenters assertion that the EPA
does not have authority to mandate the purchase and use of R1234yf MVAC
servicing equipment is thus not relevant to this action and requires no further response. CAA section 609 gives the EPA authority to promulgate regulations establishing standards and requirements regarding the servicing and repair of MVAC and this action is taken pursuant to that authority.10

9 SAE J2210 HFC134a R134a Recovery/
Recycling Equipment for Mobile Air-Conditioning Systems Cancelled Nov. 2010. SAE J1732 HFC
134a R134a Refrigerant Recovery Equipment for Mobile Automotive Air-Conditioning Systems Stabilized Nov. 2011.

10 The commenter also referenced a final rule published under CAA section 608 85 FR 14150, March 11, 2020. EPA notes that the March 2020
final rule issued by the agencys National Recycling and Emission Reduction Program is focused on refrigerant management requirements and the scope
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For service shops that choose to service MVACs, including R1234yf MVACs, the regulations requiring technicians to use certified equipment prior to service or repair have been in place since 1992 57 FR 31242; July 14, 1992. As mentioned above in section II.B, the regulations issued in 1992
under CAA section 609, codified at 40
CFR part 82, subpart B, include, among other things, a definition of refrigerant that includes any class I or class II substance used in an MVAC, as well as any substitute substance effective November 15, 1995 40 CFR
82.32f; prohibited and required practices for persons repairing and servicing MVACs for consideration 40
CFR 82.34; requirements for refrigerant handling equipment 40 CFR 82.36;
approval processes for independent standards testing organizations 40 CFR
82.38; requirements for certifications that any person servicing or repairing MVACs for consideration must submit to the EPA, and related recordkeeping requirements 40 CFR 82.42. The EPA
has neither reopened nor requested comment on these requirements, approval processes, and definition. This action does not alter the requirement to comply with the provisions in 40 CFR
part 82, subpart B. Instead, it expands the types of equipment that can be certified to service vehicles that use R
1234yf. As such, this action provides a benefit to stakeholders by expanding the options available to and providing additional flexibility for stakeholders that choose to service vehicles that use R1234yf. Because this action does not impose additional requirements but instead provides additional options to stakeholders, there are no compliance costs associated with this action and the commenters implicit suggestion that the benefits dont justify the costs is thus misplaced. Additionally, the EPA
interprets the comment regarding market-based decisions to mean that the market alone should dictate whether service shops purchase and use R
1234yf MVAC servicing equipment, rather than a legal mandate. As mentioned earlier, the EPA did not propose and is not mandating in this final rule that any person or dealership that services vehicles use R1234yf or purchase or use R1234yf MVAC
servicing equipment. Rather, existing EPA regulations that are not modified by this action already require stakeholders who chose to service or repair vehicles that use R1234yf to use certified equipment.
of EPAs authority under CAA section 608, which is a distinct statutory provision from CAA section 609.

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