[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38729-38734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 95-18617]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82

[FRL-5266-4]


Protection of Stratospheric Ozone; Acceptable Substitutes for the 
Significant New Alternatives Policy (SNAP) Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of acceptability.

-----------------------------------------------------------------------

SUMMARY: This notice expands the list of acceptable substitutes for 
ozone depleting substances (ODSs) under the Environmental Protection 
Agency's (EPA) Significant New Alternatives Policy (SNAP) program. SNAP 
implements section 612 of the amended Clean Air Act of 1990, which 
requires EPA to evaluate substitutes for the ODSs, and regulate the use 
of substitutes where other alternatives exist that reduce overall risk 
to human health and the environment. Through these evaluations, SNAP 
generates lists of acceptable and unacceptable substitutes for each of 
the major industrial use sectors.
    On March 18, 1994, EPA promulgated its plan for administering the 
SNAP program, and issued decisions on the acceptability and 
unacceptability of a number of substitutes (59 FR 13044). In today's 
Notice, EPA issues decisions on the acceptability of substitutes not 
previously reviewed by the Agency. The intended effect of this action 
is to expedite movement away from ozone depleting compounds. To arrive 
at determinations on the acceptability of substitutes, the Agency 
completed a cross-media sector end-use screening assessment of risks to 
human health and the environment.

EFFECTIVE DATE: July 28, 1995.

ADDRESSES: Information relevant to this notice is contained in Air 
Docket A-91-42, Central Docket Section, South Conference Room 4, U.S. 
Environmental Agency, 401 M Street SW., Washington, D.C. 20460. 
Telephone: (202) 260-7548. The docket may be inspected between 8:00 
a.m. and 5:30 p.m. weekdays. As provided in 40 CFR part 2, a reasonable 
fee may be charged for photocopying.

FOR FURTHER INFORMATION CONTACT: Jeffrey Levy at (202) 233-9727 or fax 
(202) 233-9577, U.S. EPA, Stratospheric Protection Division, 401 M 
Street SW., Mail Code 6205J, Washington, D.C. 20460.

SUPPLEMENTARY INFORMATION:

I. Section 612 Program
    A. Statutory Requirements
    B. Regulatory History
II. Listing of Acceptable Substitutes
    A. Refrigeration and Air Conditioning
    B. Fire Suppression and Explosion Protection
    C. Medical Sterilants
III. Substitutes Pending Review
IV. Additional Information

Appendix A: Summary of Acceptable and Pending Decisions

Section 612 Program

Statutory Requirements

    Section 612 of the Clean Air Act authorizes EPA to develop a 
program for evaluating alternatives to ozone-depleting substances. EPA 
is referring to this program as the Significant New Alternatives Policy 
(SNAP) program. The major provisions of section 612 are:
     Rulemaking--Section 612(c) requires EPA to promulgate 
rules making it unlawful to replace any class I (chlorofluorocarbon, 
halon, carbon tetrachloride, methyl chloroform, methyl bromide, and 
hydrobromofluorocarbon) or class II (hydrochlorofluorocarbon) substance 
with any substitute that the Administrator determines may present 
adverse effects to human health or the environment where the 
Administrator has identified an alternative that (1) reduces the 
overall risk to human health and the environment, and (2) is currently 
or potentially available.
     Listing of Unacceptable/Acceptable Substitutes--Section 
612(c) also requires EPA to publish a list of the substitutes 
unacceptable for specific uses. EPA must publish a corresponding list 
of acceptable alternatives for specific uses. 

[[Page 38730]]

     Petition Process--Section 612(d) grants the right to any 
person to petition EPA to add a substance to or delete a substance from 
the lists published in accordance with section 612(c). The Agency has 
90 days to grant or deny a petition. Where the Agency grants the 
petition, EPA must publish the revised lists within an additional 6 
months.
     90-day Notification--Section 612(e) requires EPA to 
require any person who produces a chemical substitute for a class I 
substance to notify the Agency not less than 90 days before new or 
existing chemicals are introduced into interstate commerce for 
significant new uses as substitutes for a class I substance. The 
producer must also provide the Agency with the producer's unpublished 
health and safety studies on such substitutes.
     Outreach--Section 612(b)(1) states that the Administrator 
shall seek to maximize the use of federal research facilities and 
resources to assist users of class I and II substances in identifying 
and developing alternatives to the use of such substances in key 
commercial applications.
     Clearinghouse--Section 612(b)(4) requires the Agency to 
set up a public clearinghouse of alternative chemicals, product 
substitutes, and alternative manufacturing processes that are available 
for products and manufacturing processes which use class I and II 
substances.

Regulatory History

    On March 18, 1994, EPA published the Final Rulemaking (FRM) (59 FR 
13044) which described the process for administering the SNAP program 
and issued EPA's first acceptability lists for substitutes in the major 
industrial use sectors. These sectors include: refrigeration and air 
conditioning; foam blowing; solvent cleaning; fire suppression and 
explosion protection; sterilants; aerosols; adhesives, coatings and 
inks; and tobacco expansion. These sectors compose the principal 
industrial sectors that historically consumed the largest volumes of 
ozone-depleting compounds.
    As described in the final rule for the SNAP program (59 FR 13044), 
EPA does not believe that rulemaking procedures are required to list 
alternatives as acceptable with no limitations. Such listings do not 
impose any sanction, nor do they remove any prior license to use a 
substance. Consequently, EPA is adding substances to the list of 
acceptable alternatives without first requesting comment on new 
listings.
    EPA does, however, believe that notice-and-comment rulemaking is 
required to place any substance on the list of prohibited substitutes, 
to list a substance as acceptable only under certain conditions, to 
list substances as acceptable only for certain uses, or to remove a 
substance from either the list of prohibited or acceptable substitutes. 
Updates to these lists are published as separate notices of rulemaking 
in the Federal Register.
    The Agency defines a ``substitute'' as any chemical, product 
substitute, or alternative manufacturing process, whether existing or 
new, that could replace a class I or class II substance. Anyone who 
produces a substitute must provide the Agency with health and safety 
studies on the substitute at least 90 days before introducing it into 
interstate commerce for significant new use as an alternative. This 
requirement applies to substitute manufacturers, but may include 
importers, formulators or end-users, when they are responsible for 
introducing a substitute into commerce.
    EPA published Notices listing acceptable alternatives on August 26, 
1994, and January 13, 1995, and published a Notice of Proposed 
Rulemaking restricting the use of certain substitutes on September 26, 
1994.

II. Listing of Acceptable Substitutes

    This section presents EPA's most recent acceptable listing 
decisions for substitutes for class I substances in the following 
industrial sectors: refrigeration and air conditioning, foam blowing, 
fire suppression and explosion protection; sterilants. These decisions 
represent substitutes not previously reviewed and add to the lists of 
acceptable substitutes under SNAP. For copies of the full list, contact 
the EPA Stratospheric Protection Hotline at the number listed in 
Section IV of this Notice.
    Parts A through C below present a detailed discussion of the 
substitute listing determinations by major use sector. Tables 
summarizing listing decisions in this Notice are in Appendix A. The 
comments contained in Appendix A provide additional information on a 
substitute, but like the listings themselves, are not regulatory in 
nature. Thus, adherence to recommendations in the comments are not 
mandatory for use of a substitute. In addition, the comments should not 
be considered comprehensive with respect to other legal obligations 
pertaining to the use of the substitute. However, EPA encourages users 
of acceptable substitutes to apply all comments to their use of these 
substitutes. In many instances, the comments simply allude to sound 
operating practices that have already been identified in existing 
industry and/or building-code standards. Thus, many of the comments, if 
adopted, would not require significant changes in existing operating 
practices for the affected industry.

A. Refrigeration and Air Conditioning

    Please refer to the final SNAP rule for detailed information 
pertaining to the designation of end-uses, additional requirements 
imposed under sections 608 and 609, and other information related to 
the use of alternative refrigerants.
1. Acceptable
    a. Volatile Methylsiloxanes. Octamethylcyclotetrasiloxanes and 
decamethylcyclopentasiloxanesare acceptable as substitutes for CFC-11, 
CFC-12, CFC-113, CFC-114, CFC-115 in new and retrofitted heat transfer 
systems. This class of compounds was reviewed under the risk screen for 
solvent cleaning and was found acceptable. That end-use is generally 
more emissive than heat transfer uses. Thus, EPA anticipates that VMS 
will pose lower risk in this end-use.
    b. Water. Water is acceptable as a substitute for CFC-11, CFC-12, 
CFC-113, CFC-114, and CFC-115 in new and retrofitted heat transfer 
systems. 
    c. Mineral Oil. Mineral oil is acceptable as a substitute for CFC-
11, CFC-12, CFC-113, CFC-114, and CFC-115 in new and retrofitted heat 
transfer systems. Mineral oil has been used for decades as a heat 
transfer fluid. It is low in toxicity and poses no ozone depletion or 
global warming potentials. Note that local fire codes may contain 
requirements related to the use of mineral oil.
    d. R-508. R-508, which contains HFC-23 and R-116, is acceptable as 
a substitute for CFC-13, R-13B1, and R-503 in retrofitted and new 
industrial process refrigeration. Both components of this blend exhibit 
extremely high GWPs and long lifetimes. HFC-23 has a GWP of 9,000 and a 
lifetime of 280 years, and R-116, perfluoroethane, has a GWP of 9,000 
and a lifetime of 10,000 years. EPA believes this blend could 
significantly contribute to global warming if allowed to escape 
refrigeration systems. In addition, the long lifetimes of R-116 and 
HFC-23 mean any global warming or other effects would be essentially 
irreversible. While the current rule issued under section 608 of the 
CAA does not require recycling and recovery of this blend, or leak 
repair for systems using it, EPA strongly encourages users to 
anticipate future rulemakings with voluntary compliance. In particular, 
EPA urges users to reduce leakage and recover and recycle this blend 
during equipment 

[[Page 38731]]
servicing and upon the retirement of equipment. This blend is 
nonflammable and does not deplete ozone.
    e. Ammonia Absorption. Ammonia absorption is acceptable as an 
alternative technology to household refrigerators and freezers using 
CFC-12 as a refrigerant. This technology has been used for years in 
hotels, college dormitories, and other small spaces.

B. Fire Suppression and Explosion Protection

1. Acceptable
    a. Total Flooding Agents. (1) Water Mist Using Potable Water or 
Natural Seawater. Water Mist Systems using Potable Water or Natural 
Seawater are acceptable as a Halon 1301 substitute. At EPA's request, 
manufacturers of water mist systems and other industry partners 
convened a medical panel to address questions posed by EPA concerning 
the potential physiological effects of inhaling very small water 
droplets in fire and non-fire scenarios. Disciplines represented on the 
Panel included inhalation toxicology, pulmonary medicine, physiology, 
aerosol physics, fire toxicity, smoke dynamics, and chemistry, with 
members coming from the commercial, university and military sectors.
    The Executive Summary (draft ``Water Mist Fire Suppression Systems 
Health Hazard Evaluation;'' HARC, US Army, NFPA; March 1995) states: 
``The overall conclusion of the Health Panel's review is that ... water 
mist systems using pure water do not present a toxicological or 
physiological hazard and are safe for use in occupied areas. The Panel 
does not believe that additional studies are necessary to reach this 
conclusion. The Health Panel recommends that additives be evaluated on 
a case-by-case basis depending on the toxic properties of the additive 
and the concentration at which it is used.''
    EPA has determined that the Panel's findings are credible and 
significant, and thus is adopting its conclusions as the basis to this 
ruling. In order to clarify the practical meaning of the panel's 
recommendation, EPA is defining ``pure water'' as either water that is 
potable (drinkable) or as natural seawater, that is, water coming from 
the sea. Thus, EPA is listing water mist systems composed of potable 
water and natural sea water as acceptable without restriction. However, 
water mist systems containing additives different than those in potable 
water, and water mist systems comprised of mixtures in solution, must 
be submitted to EPA for SNAP review on a case-by-case basis. At this 
time, no such submissions have been received by the agency.
    (2) [Water Mist/Surfactant Blend] A. [Water Mist/Surfactant Blend] 
A is acceptable as a Halon 1301 substitute in normally unoccupied 
areas. Water mist systems with additives are beginning to be developed 
for use in applications such as the engine compartments of a variety of 
vehicles and in machinery spaces. Following the positive peer review of 
water mist particles, and considering the particular use in unoccupied 
areas, EPA is listing this agent as acceptable in such normally 
unoccupied areas. Consideration for use in occupied areas is pending a 
medical peer review panel.
    b. Streaming Agents. (1) Water Mist Systems Using Potable Water or 
Natural Seawater. Water Mist systems using potable water or natural sea 
water are acceptable as a Halon 1211 substitute. See the discussion 
under ``Total Flooding Agents,'' above.

C. Medical Sterilants

1. Acceptable
    (a) Peroxyacetic Acid/Hydrogen Peroxide Gas Plasma Systems. 
Peroxyacetic Acid/Gas Plasma Systems are acceptable as a 12/88 
substitute for medical sterilization. Peracetic acid/hydrogen peroxide 
solutions are in widespread use as sanitizers and disinfectants in food 
processing establishments and medical facilities. As they are currently 
manufactured, transported, and handled safely, incorporation of such 
solutions into medical sterilizing equipment should not pose increased 
risk of exposure either during value-added packaging or during use.
    (b) Hydrogen Peroxide Gas Plasma Systems. Hydrogen Peroxide Gas 
Plasma Systems are acceptable as a 12/88 substitute for medical 
sterilization. Such systems are recognized by the Food and Drug 
Administration (FDA) as acceptable to proceed to market, and EPA has 
determined that they pose no unusual risk to human health or the 
environment.

III. Substitutes Pending Review

    The Agency describes submissions as pending if data are incomplete 
or for which the 90-day review period is underway and EPA has not yet 
reached a final decision. For submissions that are incomplete, the 
Agency will contact the submitter to determine a schedule for providing 
the missing information if the Agency needs to extend the 90-day review 
period. EPA will use its authority under section 114 of the Clean Air 
Act to gather this information, if necessary. Any delay of the review 
period does not affect a manufacturer's ability to sell a product 90 
days after notification of the Agency. Substitutes currently pending 
completion of review are listed in Appendix A.

IV. Additional Information

    Contact the Stratospheric Protection Hotline at 1-800-296-1996, 
Monday-Friday, between the hours of 10:00 a.m. and 4:00 p.m. (Eastern 
Standard Time) weekdays.
    For more information on the Agency's process for administering the 
SNAP program or criteria for evaluation of substitutes, refer to the 
SNAP final rulemaking published in the Federal Register on March 18, 
1994 (59 FR 13044). Federal Register notices can be ordered from the 
Government Printing Office Order Desk (202) 783-3238; the citation is 
the date of publication. This Notice can also be retrieved 
electronically from EPA's Technology Transfer Network (TTN), Clean Air 
Act Amendment Bulletin Board. If you have a 1200 or 2400 bps modem, 
dial (919) 541-5742. If you have a 9600 bps modem, dial (919) 541-1447. 
For assistance in accessing this service, call (919) 541-5384. Finally, 
this notice may be obtained on the World Wide Web at http://
www.epa.gov/docs/Ozone/index.html.

List of Subjects in 40 CFR Part 82

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

    Dated: July 18, 1995.
Mary D. Nichols,
Assistant Administrator.

    Note: The following Appendix will not appear in the Code of 
Federal Regulations.

[[Page 38732]]


Appendix A: Summary of Acceptable and Pending Decisions

       Refrigeration and Air Conditioning--Acceptable Substitutes       
------------------------------------------------------------------------
       End-use            Substitute        Decision         Comments   
------------------------------------------------------------------------
CFC-11, CFC-12, CFC-   Volatile Methyl  Acceptable.                     
 113, CFC-114, CFC-     Siloxanes.                                      
 115 Non-Mechanical                                                     
 Heat Transfer                                                          
 (Retrofit and New                                                      
 Equipment Designs/                                                     
 NIKs).                                                                 
                       Water..........  Acceptable.                     
                       Mineral Oil....  Acceptable.                     
CFC-13, R-13B1, and R- R-508..........  Acceptable.....  EPA strongly   
 503 Industrial                                           recommends the
 Process                                                  containment   
 Refrigeration and                                        and           
 Very Low Temperature                                     reclamation of
 Refrigeration                                            this          
 (Retrofit and New                                        substitute.   
 Equipment/NIKs).                                                       
CFC-12 Household       Ammonia          Acceptable.                     
 Refrigerators and      absorption.                                     
 Freezers, New                                                          
 Equipment/NIKs.                                                        
------------------------------------------------------------------------


          Refrigeration and Air Conditioning--Pending Decisions         
------------------------------------------------------------------------
     Application             Substitute                Comments         
------------------------------------------------------------------------
All CFC-12 End-Uses..  Blend Zeta...........  EPA has requested         
                                               additional data.         
Heat Transfer........  HCFC-225.                                        
Motor Vehicle Air      R-406A, HCFC Blend     MVAC refrigerants will be 
 Conditioning.          Delta.                 used in accordance with  
                                               use conditions, which    
                                               require full notice-and- 
                                               comment rulemaking.      
------------------------------------------------------------------------


                    Foam Blowing--Pending Substitutes                   
------------------------------------------------------------------------
        End-use                 Substitute               Comments       
------------------------------------------------------------------------
HCFCs, Polyurethane and  HFC-134a/HFC-143a                              
 Polyisocyanurate         Blend.                                        
 Laminated Boardstock                                                   
 Foam.                                                                  
HCFCs, Rigid             HFC-134a/HFC-143a                              
 Polyurethane Appliance   Blend.                                        
 Foam.                                                                  
HCFCs, Rigid             HFC-134a/HFC-143a                              
 Polyurethane             Blend.                                        
 Commercial                                                             
 Refrigeration, Spray                                                   
 and Sandwich Panel                                                     
 Foam.                                                                  
HCFCs, Rigid             HFC-134a/HFC-143a                              
 Polyurethane Slabstock   Blend.                                        
 and Other Foam.                                                        
HCFCs, Polyolefin Foams  HFC-134a/HFC-143a                              
                          Blend.                                        
HCFCs, Polyurethane      HFC-134a/HFC-143a                              
 Flexible Foams.          Blend.                                        
HCFCs, Polyurethane      HFC-134a/HFC-143a                              
 Integral Skin.           Blend.                                        
------------------------------------------------------------------------


    Fire Suppression and Explosion Protection--Acceptable Substitutes   
------------------------------------------------------------------------
      End-use            Substitute           Decision         Comments 
------------------------------------------------------------------------
Halon 1211,          Water Mist Systems  Acceptable........             
 Streaming Agents.    using Potable or                                  
                      Natural Sea Water.                                
Halon 1301.........  Water Mist Systems  Acceptable........             
                      using Potable or                                  
                      Natural Sea Water.                                
Total Flooding       [Water Mist         Acceptable in                  
 Agents.              Surfactant Blend]   Normally                      
                      A.                  Unoccupied Areas.             
------------------------------------------------------------------------


      Fire Suppression and Explosion Protection Pending Substitutes     
------------------------------------------------------------------------
       End-use               Substitute                Comments         
------------------------------------------------------------------------
Halon 1211...........  CF3I.................  Will be proposed          
                                               acceptable in            
                                               nonresidential           
                                               applications in a        
                                               forthcoming rulemaking.  
Streaming Agents.....  HFC-227ea............  Complete SNAP submission  
                                               and personal monitoring  
                                               data required.           
                       [Water Mist/           Pending review by EPA     
                        Surfactant Blend] A.                            
                       Water Mist with        Must be individually      
                        Additives.             submitted to EPA and     
                                               reviewed on a case-by-   
                                               case basis.              
Halon 1301...........  [HFC Blend] A........  Pending receipt of further
                                               data requested by the    
                                               Agency.                  
Total Flooding Agents  IG-55 (formerly        Proposed Acceptable       
                        [Inert Gas Blend] B).  (forthcoming).           
                       IG-01 (formerly        Proposed Acceptable       
                        [Inert Gas Blend] C).  (forthcoming).           

[[Page 38733]]
                                                                        
                       [Water Mist            Pending peer review for   
                        Surfactant Blend] A.   use in normally occupied 
                                               areas.                   
                       Water Mist Systems     Must be individually      
                        with Additives.        submitted to EPA and     
                                               reviewed on a case-by-   
                                               case basis. No           
                                               submissions have been    
                                               received to date.        
------------------------------------------------------------------------



                  Solvent Cleaning--Pending Substitutes                 
------------------------------------------------------------------------
       End-use               Substitute                Comments         
------------------------------------------------------------------------
Metals cleaning w/     HCFC-122.............  Agency is still reviewing 
 CFC-113, MCF, and                             ODP. This HCFC is a new  
 HCFC-141b.                                    chemical and must also   
                                               complete Premanufacture  
                                               Notice requirements under
                                               the Toxic Substances     
                                               Control Act.             
                       HFC-4310mee..........  SNAP/Premanufacture Notice
                                               review under the Toxic   
                                               Substances Control Act   
                                               nearly completed.        
Electronics cleaning   Perfluoropolyethers..  Agency evaluating global  
 w/ CFC-113, MCF and                           warming concerns.        
 HCFC-141b.                                                             
Electronics cleaning   Perfluorocarbons       Agency in process of      
 w/ HCFC-141b.          (C5F12, C6F12,         evaluating global warming
                        C6F14, C7F16, C8F18,   concerns.                
                        C5F11NO, C6F13NO,                               
                        C7F15NO, and C8F16).                            
Precision cleaning w/  HCFC-122.............  Agency is still reviewing 
 CFC-113, MCF.                                 ODP. This HCFC is a new  
                                               chemical and must also   
                                               complete Premanufacture  
                                               Notice requirements under
                                               the Toxic Substances     
                                               Control Act.             
                       HFC-4310mee..........  SNAP and Premanufacture   
                                               Notice review under the  
                                               Toxic Substances Control 
                                               Act is nearly completed. 
                       Chlorobromomethane...  EPA is completing a more  
                                               detailed analysis on the 
                                               range of ODP for this    
                                               substitute and is        
                                               reviewing updated        
                                               information on the       
                                               toxicity of this         
                                               substitute.              
Precision cleaning w/  Perfluorocarbons       Agency in process of      
 HCFC-141b.             (C5F12, C6F12,         evaluating global warming
                        C6F14, C7F16, C8F18,   concerns.                
                        C5F11NO, C6F13NO,                               
                        C7F15NO, and C8F16).                            
------------------------------------------------------------------------


                   Sterilants--Acceptable Substitutes                   
------------------------------------------------------------------------
       End-use            Substitute        Decision         Comments   
------------------------------------------------------------------------
12/88 CFC-12/Ethylene  Peroxyacetic     Acceptable.....                 
 Oxide.                 Acid/Hydrogen                                   
                        Peroxide Gas                                    
                        Plasma Systems.                                 
Sterilants...........  Hydrogen         Acceptable.....                 
                        Peroxide Gas                                    
                        Plasma Systems.                                 
------------------------------------------------------------------------


                     Sterilants--Pending Substitutes                    
------------------------------------------------------------------------
        End-use                 Substitute               Comments       
------------------------------------------------------------------------
12/88 CFC-12/Ethylene    HFC-125/EtO............  Awaiting FIFRA        
 Oxide.                                            registration.        
Sterilants.............  HFC-227ea/EtO..........  Awaiting FIFRA        
                                                   registration.        
------------------------------------------------------------------------


                      Aerosols--Pending Substitutes                     
------------------------------------------------------------------------
       End-use               Substitute                Comments         
------------------------------------------------------------------------
CFC-11, HCFC-22, and   SF6..................  Review nearly completed;  
 HCFC-142b.                                    extremely high GWP is    
                                               major consideration.     
                                               Compressed gas a viable  
                                               alternative.             
CFC-113, MCF, HCFC-    HCFC-225.............  EPA evaluating feasibility
 141b as solvents.                             of controling            
                                               occupational exposures   
                                               during use.              
                       Volatile methyl        EPA evaluating feasibility
                        siloxanes.             of controling            
                                               occupational exposures   
                                               during use.              
                       Perfluoropolyethers..  EPA evaluating global     
                                               warming concerns.        
------------------------------------------------------------------------


[[Page 38734]]

[FR Doc. 95-18617 Filed 7-27-95; 8:45 am]
BILLING CODE 6560-50-P