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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations publishes, similar to suggestions from other commenters, and to also consider revising the listing beyond the six refrigerants in this rulemaking to others.
If in the future an updated standard is published, or the harmonization with other standards is completed, EPA
could consider any relevant changes and if any revisions to this final rule should be proposed. In a similar manner, and through the normal SNAP
submission review, we can consider taking future action to list, or propose to list with use conditions, other refrigerants if we were to determine we had enough information to do so.
Comment: Honeywell predicted that ASHRAE Standard 15.2 would be published in late 2021 or early 2022 and then adopted into model building codes in 2024. They asked EPA to delay finalization of this rule listing of A2L
refrigerants until these actions occurred.
They stated that current model mechanical and fire codes prohibit mildly flammable refrigerants to be used in direct HVAC systems.
Response: EPA has not participated in the revisions to the model codes discussed by Honeywell, and we find that these SNAP listings can be finalized before Honeywells prediction that a proposed standard would be adopted into such codes, consistent with how we have proceeded with other listings in past SNAP actions that could be affected by anticipated revisions to building codes. As noted both in the proposal and above in this final rule, however, information listed in the Further information column of the listings might refer to sound operating practices that have already been identified in existing industry and/or building codes or standards. 85 FR
35885, June 12, 2020. The listings in this final rule find certain refrigerants acceptable and establishes EPAs use conditions, and do not require any particular entity to use these refrigerants. Should other requirements or standards also apply, such as building codes as Honeywell states, other authorities would be responsible for ensuring such requirements are addressed and enforced. We also note that some states are in the process of updating their building code requirements to allow for refrigerants with lower flammability e.g., 2Ls, which will address Honeywells concern that such codes prohibit mildly flammable refrigerants. Further, we are aware of the safe use of 2L
refrigerants in the end-uses covered by this rule in other countries. While other states building codes might currently prohibit use of these refrigerants, the adoption by some states and the safe use
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demonstrated gives support to listing these now. Further, we note that regardless of the status of building codes, alternative means and measures exist under which interested parties may present to the Authority Having Jurisdiction AHJ evidence to demonstrate a similar level of safety as provided under the existing building codes and receive an exception to use an A2L refrigerant. For these reasons, the Agency determines it is appropriate to finalize this final rule now. If and when building codes are updated as indicated by the comment, EPA can consider any relevant changes and if any revisions to this final rule should be proposed.
Comment: Rheem asked EPA to provide revised guidance for charge limits for R32 refrigerant, currently defined in SNAP Notice 25 and based on unit capacity, to be governed by the safety standards.
Response: We believe Rheem is referring to SNAP Rule 19 80 FR 19454, April 10, 2015 wherein EPA found HFC32 acceptable, subject to use conditions, for self-contained room air conditioners. One use condition referenced parts of the August 3rd, 2012
version of UL Standard 484, Edition 8
and another set charge size limits based on the type of equipment window unit, portable room AC, etc. and cooling capacity. In the proposal for this final rule we noted that we were not proposing to revisit or modify the existing requirements from SNAP Rule 19, and consistent with that proposal, we are not finalizing changes to these requirements. EPA understands that the standard we relied on in Rule 19 might sunset in the future. Therefore, we will continue to evaluate the market for the equipment addressed in that rule, including HFC32 in self-contained room air conditioners, and whether to establish new or revised use conditions that reference UL 60335240. If in the future we wish to revise the existing requirements for HFC32 self-contained room air conditioners, EPA could consider any relevant changes and if any revisions to this final rule, or SNAP
Rule 19, should be proposed.
ii. New Equipment Comment: AHRI, Carrier, Daikin, EIA, Honeywell, Johnson Controls and Lennox strongly support the proposed use condition that these A2L
refrigerants may only be used in new equipment and not retrofits. AHRI noted that refrigerants from a higher ASHRAE flammability classification should not be used to retrofit existing equipment; i.e., these A2L lower flammability refrigerants should not be
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used to retrofit systems using A1 no flame propagation refrigerants, such as R410A. Carrier added that such a use condition continues EPAs precedent from similar listings of flammable refrigerants that were only listed for new equipment.
Response: EPA acknowledges these commenters support of our proposed use condition that finds these refrigerants acceptable for new equipment and not for retrofits. After considering all the public comments on this proposal, we are finalizing this listing, as described in section II.B., including that use condition.
Comment: AHRI, Carrier, Chemours, Daikin, Johnson Controls, and Rheem sought clarification on footnote 33 in the proposed rule, which sought to distinguish a new system from a retrofitted system. AHRI noted that since the inception of the International Building Codes in the 1990s, nail strips have been required to be used to support existing piping within 1.5
inches of a wall when a new system is installed. AHRI also indicated that any existing external piping must be pressure-tested, leak-checked and vacuum-checked per the safety standards during the installation process, a point also noted by Johnson Controls. Daikin pointed to provisions in UL Standard 60335240 that address situations where partial units as defined in the Standard are installed without new refrigerant tubing between indoor and outdoor components. They also noted that clause DD.3.1DV.2 of the UL Standard provides mandatory requirements, including strength test, leak tightness checks, and compliance with national and local codes, for field-installed refrigerant tubing and as such tubing meeting those conditions may be reused. Carrier stated that line sets, however, have been safely re-used in the HVACR field for decades and noted that equipment manufacturer installation instructions and standards, such as UL 60335240 and ASHRAE
15, allow for reuse of line sets provided they meet requirements including line sizing, as well as pressure and vacuum testing of the line sets to ensure they are free of leaks. Chemours offered similar observations. Rheem asked that external field-erected line sets be excluded from the definition of a new unit, observing that replacement of these should be left to the AHJ such as a building code inspector. Carrier and Chemours offered alternative language for the footnote and suggested providing such guidance in appendix W of the proposed regulatory text where the listing is provided. On the other hand,
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