[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Rules and Regulations]
[Pages 19327-19329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8958]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-6575-7]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency.
ACTION: Notice of acceptability.
-----------------------------------------------------------------------
SUMMARY: This notice expands the list of acceptable substitutes for
ozone-depleting substances (ODS) under the Environmental Protection
Agency's (EPA) Significant New Alternatives Policy (SNAP) program.
EFFECTIVE DATE: April 11, 2000.
ADDRESSES: Information relevant to this notice is contained in Air
Docket A-91-42, Central Docket Section, South Conference Room 4,
Environmental Protection Agency, 401 M Street, SW., Washington, DC
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: Kelly Davis at (202) 564-2303 or fax
(202) 565-2096, Environmental Protection Agency, Stratospheric
Protection Division, Mail Code 6205J, Washington, DC 20460. Overnight
or courier deliveries should be sent to the office location at 501 3rd
Street, NW., Washington, DC 20001. The Stratospheric Protection Hotline
can be reached at (800) 296-1996. Further information can be found at
EPA's Ozone Depletion World Wide Web site at ``http://www.epa.gov/
ozone/title6/snap/''.
SUPPLEMENTARY INFORMATION:
I. Section 612 Program
A. Statutory Requirements
B. Regulatory History
II. Listing of Acceptable Substitutes
A. Refrigeration and Air Conditioning
B. Foam Blowing
III. Additional Information
Appendix A--Summary of Acceptable Decisions
I. Section 612 Program
A. Statutory Requirements
Section 612 of the Clean Air Act authorizes EPA to develop a
program for evaluating alternatives to ozone-depleting substances. EPA
refers 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.
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.
B. Regulatory History
On March 18, 1994, EPA published rulemaking (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; solvents 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 this original rule for the SNAP program, 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, by this notice 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.
[[Page 19328]]
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, intended for use as a replacement for 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.
A complete chronology of SNAP decisions and the appropriate Federal
Register citations can be found at EPA's Ozone Depletion World Wide Web
site at http://www.epa.gov/ozone/title6/snap/chron.html. This
information is also available from the Air Docket (see ADDRESSES
section above for contact information).
II. Listing of Acceptable Substitutes
This section presents EPA's most recent acceptable listing
decisions for substitutes in the refrigeration and foams sectors. For
copies of the full list of SNAP decisions in all industrial sectors,
contact the EPA Stratospheric Protection Hotline at (800) 296-1996.
The sections below presents a detailed discussion of the substitute
listing. The table summarizing today's listing decisions is in Appendix
A. The comments contained in the table in Appendix A provide additional
information, but are not legally binding under section 612 of the Clean
Air Act. Thus, adherence to recommendations in the comments section of
the table is 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
strongly encourages users of acceptable substitutes to apply all
comments to their use of these substitutes. In many instances, the
comments simply refer to standardized 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
1. Acceptable Substitutes
(a) Furan (C4F8O). Furan is acceptable as a
substitute for CFC-114 in retrofits of existing uranium isotope
separation processing equipment. Furan, a perfluorocarbon (PFC), does
not contribute to stratospheric ozone depletion. The environmental
characteristics of concern for this compound are its extremely high
global warming potential and long atmospheric lifetime. Long
atmospheric lifetimes make the warming effects of PFCs essentially
irreversible. As a result, PFCs are included in the Climate Change
Action Plan, which broadly instructs EPA to use section 612 of the CAA,
as well as voluntary programs, to control emissions.
Despite these concerns, EPA has listed several PFCs as acceptable
replacements for CFC-114 in uranium isotope separation processing. PFCs
have physical and thermodynamic properties that make them the only
viable alternatives to CFC-114 in this end-use that have been
identified as of this time. PFCs offer high dielectric resistance,
noncorrosivity, thermal stability, materials compatibility, chemical
inertness, low toxicity, and nonflammability.
In this end-use, Furan may offer some advantages over other PFCs
currently listed as acceptable. The most significant advantage may be
that its vapor pressure is lower which results in lower leak rates and
a reduced likelihood that new leaks will be created in the system.
Another distinction between Furan and other alternatives examined
relates to the relatively low molecular weight of the compound. The low
molecular weight relative to the material being processed makes it easy
to separate Furan from the process stream.
EPA is listing Furan as acceptable in retrofit and existing uranium
isotope separation system designs only. For new equipment designs in
this end-use, EPA believes other alternatives may exist or may be
developed to meet the needs of newly designed systems. Users of Furan
should note that if other alternatives become available, EPA may
determine to list Furan as unacceptable due to the availability of
other suitable substitutes. If EPA took such action, EPA could also
consider whether to grandfather existing uses. EPA's 1994 SNAP
rulemaking specifies the criteria EPA would use in making a decision to
grandfather existing uses (59 FR 13057; March 18, 1994).
EPA urges industry to continue to search for other long-term
alternatives for this end-use that do not have high GWPs and long
atmospheric lifetimes. In cases where users must use PFCs, they should
make every effort to minimize emissions. Users are also strongly
encouraged to recover, recycle, and/or destroy these fluids during
servicing and after the end of the equipment's useful life.
B. Foam Blowing
1. Acceptable Substitutes
(a) Saturated Light Hydrocarbons C3-C6. Saturated Light
Hydrocarbons C3-C6 are acceptable as a substitute for HCFC-141b in all
foam end-uses, except as a HCFC replacement in spray foam applications.
(Spray foam applications fall under the Rigid Polyurethane Spray and
Commercial Refrigeration, and Sandwich Panels end-use.). Today's action
does not affect previous decisions made by EPA to list specific
hydrocarbon blowing agents as acceptable in spray foam. The
acceptability of hydrocarbons as HCFC-141b replacements in spray foam
applications will be determined on a product-by-product basis until
standard industry practices/training become more established. C3-C6
saturated light hydrocarbons are already acceptable substitutes for
CFC-11 in all foam end-uses, and for HCFC-141b in some foam end-uses
(rigid polyurethane and polyisocyanurate laminated boardstock, rigid
polyurethane appliance, and polyurethane integral skin). Today's action
expands the acceptable applications for C3-C6 saturated light
hydrocarbons as substitutes for HCFCs in the following applications/
end-uses: rigid polyurethane commercial refrigeration and sandwich
panels, rigid polyurethane slabstock and other foams, polystyrene
extruded insulation boardstock and billet, phenolic insulation board
and bunstock, and polyolefin. Hydrocarbon blowing agents have no ozone
depletion potential, low global warming potentials, and are low in
toxicity. However, these agents are flammable and should be handled
with proper precautions.
The flammability of hydrocarbon blowing agents are of particular
concern in spray foam applications where a controlled factory
environment is not possible. The potential for explosion or fire
highlights the need for safety training. While training can not provide
an absolute guarantee of safety, EPA believes that a comprehensive
training program, if implemented properly, can adequately control risks
associated with use of potentially flammable hydrocarbon-blown spray
foam systems.
In December 1999, EPA listed Exxsol Blowing Agents, a specific
hydrocarbon pentane blend, as acceptable in all foam end-uses (64 FR
68039) including spray foam. Draft training materials for spray foam
applications were provided to EPA
[[Page 19329]]
and are available through the Air Docket (Docket A-91-42, Category IX-
B, Background Documents for Notice 11). EPA may list other hydrocarbon
blowing agents as acceptable for spray foam applications if companies
wishing to distribute or use hydrocarbons in spray foam applications
establish safety training programs. Interested parties should contact
EPA.
III. Additional Information
Contact the Stratospheric Protection Hotline at (800) 296-1996,
Monday-Friday, between the hours of 10:00 a.m. and 4:00 p.m. (EST). 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). Notices and rulemakings under the SNAP program, as well
as all EPA publications on protection of stratospheric ozone, are
available from EPA's Ozone Depletion World Wide Web site at ``http://
www.epa.gov/ozone/title6/snap/'' and from the Stratospheric Protection
Hotline whose number is listed above.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: March 29, 2000.
Paul Stolpman,
Director, Office of Atmospheric Programs, Office of Air and Radiation.
Appendix A: Summary of Acceptable Decisions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Refrigeration and Air Conditioning Sector
----------------------------------------------------------------------------------------------------------------
Uranium Isotope Separation Furan for CFC-114... Acceptable......... EPA urges industry to continue to
Processing (Retrofit). search for other long-term
alternatives for this end-use
that do not contain substances
with such high GWPs and long
atmospheric lifetimes. In cases
where users must adopt PFCs, they
should make every effort to
minimize emissions. Users are
also strongly encouraged to
recover, recycle, and/or destroy
these fluids during servicing and
after the end of the equipment's
useful life.
----------------------------------------------------------------------------------------------------------------
Foam Blowing
----------------------------------------------------------------------------------------------------------------
All foam end-uses, except as a Saturated Light Acceptable......... Today's action does not affect
HCFC-141b replacement in spray Hydrocarbons C3-C6 previous decisions made by EPA to
foam applications (see comments). for HCFC-141b. list specific hydrocarbon blowing
agents as acceptable in spray
foam. The acceptability of
hydrocarbons as HCFC-141b
replacements in spray foam
applications will be determined
on a product-by-product basis
until standard industry practices/
training become more established.
EPA may list other hydrocarbon
blowing agents as acceptable for
spray foam applications if
companies wishing to distribute
or use hydrocarbons in spray foam
applications establish safety
training programs. Interested
parties should contact EPA.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 00-8958 Filed 4-10-00; 8:45 am]
BILLING CODE 6560-50-U