[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 37900-37903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-15299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-6718-2]


Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency.

ACTION: Notice of acceptability.

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SUMMARY: This document expands the list of acceptable substitutes for 
ozone-depleting substances (ODS) under the U.S. Environmental 
Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) 
program.

EFFECTIVE DATE: June 19, 2000.

ADDRESSES: Information relevant to this document is contained in Air 
Docket A-91-42, Central Docket Section, South Conference Room 4, U.S. 
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: Anhar Karimjee at (202) 564-2683 or 
fax (202) 565-2095, U.S. 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.

[[Page 37901]]

    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, 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, such 
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 such 
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 these 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) HFC-4310mee. HFC-4310mee is acceptable as a substitute for CFCs 
and HCFCs in non-mechanical heat transfer applications. Heat transfer 
applications are ``all cooling systems that rely on convection to 
remove heat from an area, rather than relying on mechanical 
refrigeration'' (59 CFR 13071). HFC-4310mee is nonflammable and has no 
ozone depletion potential. However, it does have a 100-year global 
warming potential of 1700. The potential of HFC-4310mee to contribute 
to global warming may be mitigated in this end-use through the 
implementation of the venting prohibition under section 608(c)(2) of 
the Clean Air Act. HFC-4310mee is already acceptable as a substitute in 
all solvent cleaning end-uses subject to a 200 part per million (ppm) 
time-weighted average workplace exposure limit and a 400 ppm workplace 
exposure ceiling (61 FR 54029, 64 FR 30410). The same industry-
established acceptable exposure limits apply in this end-use.
    (b) IkonB. IkonB, a blend of 
trifluoroiodomethane (CF3I), HFC-134a and HFC-152a, is 
acceptable as a substitute for CFC-12 in household refrigerators and 
freezers. IkonB was listed as acceptable in various 
refrigeration and air conditioning end-uses in a December 6, 1999 SNAP 
notice (64 FR 68039). Fractionation and flammability testing have 
determined that although HFC-152a is flammable, IkonB as 
blended is not, and further testing has shown that it does not become 
flammable after leakage. IkonB has virtually no ozone 
depleting potential. It contains two constituents with moderate global 
warming potentials. The potential of these constituents for 
contributing to global warming may be mitigated in this end-use through 
the implementation of the venting prohibition under section 608(c)(2) 
of the Clean Air Act.
    (c) IkonA. IkonA, a blend of 
trifluoroiodomethane (CF3I) and HFC-152a, is acceptable as a 
substitute for CFC-12 in the following end-uses:
     Commercial comfort air conditioning;
     Industrial process refrigeration and air conditioning;
     Cold storage warehouses;
     Refrigerated transport;
     Retail food refrigeration;
     Vending machines;
     Water coolers;
     Commercial ice machines; and
     Household refrigerators and freezers.
IkonA, also known as Ikon-12 or Blend Zeta, was listed as 
acceptable as a substitute for CFC-12 in retrofitted and new motor 
vehicle air conditioners in a May 22, 1996 SNAP notice (61 FR 25585). 
Fractionation and flammability testing have determined that although 
HFC-152a is flammable, the blend is not flammable; further testing has 
shown that it does not become flammable after leakage. IkonA 
has virtually no ozone depleting potential. The blend does contain HFC-
152a which has a global warming potential of 190 over a 100-year 
integrated time horizon. The potential of this constituent for 
contributing to global warming may be mitigated in each end-use through 
the implementation of the venting prohibition under section 608(c)(2) 
of the Clean Air Act.
    (d) HFC-245fa. HFC-245fa is acceptable as a substitute for CFC-11 
in new commercial comfort air conditioning applications (commercial 
chillers). HFC-245fa contains no chlorine or bromine; therefore, it has 
no ozone depletion potential. Although its 100-year global warming 
potential is approximately 1000, the potential of HFC-245fa to 
contribute to global warming may be mitigated in this end-use through 
the implementation of the venting prohibition under section 608(c)(2) 
of the Clean Air Act. HFC-245fa is also non-flammable. EPA anticipates 
that HFC-245fa will be used in such a manner so that any 
recommendations specified in the manufacturers' Material Safety Data 
Sheets (MSDSs) are followed. The Agency also expects that the workplace 
environmental exposure will not exceed the American Industrial Hygiene 
Association's (AIHA) limit of 300 ppm.
    In 1994, the SNAP program developed a guidance document entitled 
``Choosing the Optimal Chiller in the Face of a CFC Phaseout''. This 
guidance was written to assist building owners and operators making 
decisions on the retrofit or replacement of their existing chillers in 
light of the phaseout of CFCs. The guidance stresses that the optimal 
way to select new equipment is to consider a comprehensive set of 
criteria including ozone depletion potential, global warming potential, 
energy efficiency, toxicity, occupational exposure, consumer exposure, 
ecological effects, flammability and cost. It highlights that each 
refrigerant has advantages and disadvantages and that one option is not 
likely to satisfy the

[[Page 37902]]

optimal requirement for every circumstance.
    EPA has determined that HFC-245fa is acceptable from an overall 
health and environmental perspective and may potentially play an 
important role in the phaseout of ozone depleting substances. However, 
it is imperative that building owners and operators evaluate 
refrigerants from a technical standpoint to determine which option is 
superior for their specific application. For example, a refrigerant may 
prove suitable and highly efficient for a particular chiller capacity 
range, but not necessarily for all ranges. To obtain copies of the EPA 
guidance mentioned above, technical information submitted by the 
manufacturers of HFC-245fa and industry expert evaluations of HFC-
245fa, contact EPA's Air Docket at (202) 260-7548 (Reference A-91-42, 
IX-B-52 through 56).
    (e) Small auxiliary power units which include an engine, electrical 
alternator, water pump, air conditioning compressor, and a heat 
exchanger that are used in tractor trailers in conjunction with 
passenger compartment climate control systems that use a SNAP-accepted 
refrigerant. Small auxiliary power units which include an engine, 
electrical alternator, water pump, air conditioning compressor and a 
heat exchanger used in tractor trailers in conjunction with passenger 
compartment climate control systems that already use an acceptable 
substitute refrigerant, are acceptable as substitutes for CFC-12 in 
motor vehicle air conditioners. These systems have been developed for 
use in heavy duty trucks that contain sleeper compartments. Currently 
these trucks must continually idle while the vehicle is parked and the 
driver is resting in the sleeper compartment, to power a conventional 
air-conditioner or heater when cooling or heating comfort is needed. 
These power units will allow the provision of cooling/heating comfort 
while the engine is off, and although the unit is powered by a small 
diesel engine, emissions are reduced dramatically.
    The main engine of the truck operates the existing truck air 
conditioning and heating system in a normal manner when the engine is 
running. When air conditioning or heating is required and the main 
engine is not running, the auxiliary power unit operates the air 
conditioning or heating system. The unit includes its own engine, air 
conditioning compressor, alternator, water pump, and heat exchanger. 
The unit works in conjunction with the existing truck air conditioning 
and heating components to supply the desired air conditioning or 
heating capacity.
    After reviewing the technology of the auxiliary power system 
submitted in the SNAP application, the SNAP review found no safety or 
environmental concerns associated with its use in trucks. EPA 
acknowledges the existence of such a system and recognizes the 
potential merits. This type of technology can significantly lower fuel 
consumption and reduce pollutant emissions of nitrous oxides, carbon 
monoxide, carbon dioxide, sulfuric oxides, and particulate matter.

B. Foam Blowing

1. Acceptable Substitutes
    (a) Vacuum panels. Vacuum panels are acceptable as substitutes for 
HCFC blown rigid polyurethane appliance foam. EPA defines a substitute 
as ``any chemical, product substitute, or alternative manufacturing 
process'' (59 FR 13050). The Agency listed vacuum panels as acceptable 
substitutes for CFC-11 blown rigid polyurethane appliance foam on 
January 13, 1995 (60 FR 3318). Today's decision makes vacuum panels 
also acceptable as substitutes for HCFC blown polyurethane foam.
    (b) 2-Chloropropane. 2-Chloropropane (isopropyl chloride) is 
acceptable as a substitute for HCFCs in rigid polyurethane and 
polyisocyanurate laminated boardstock foam. This non-ozone-depleting 
chemical was listed as acceptable as a substitute for CFC-11 in rigid 
polyurethane and polyisocyanurate laminated boardstock foam and 
phenolic insulation board in the original SNAP rulemaking on March 18, 
1994 (59 FR 13044). 2-Chloropropane has no global warming potential. An 
analysis of the decomposition products of 2-chloropropane shows that 
concentrations are well below the 1500 parts per million (ppm) limit 
that EPA has determined to be of concern. This analysis can be obtained 
through EPA's Air Docket at (202) 260-7548 (Reference A-91-42, IX-B-
57). Although exposure to foam blown with 2-chloropropane poses 
essentially no risk to the consumer, exposure during manufacturing 
could pose a risk. Analysis of toxicity data available suggest an 
acceptable exposure limit of 350 ppm (8-hour Time Weighted Average). 
This analysis can also be obtained through EPA's Air Docket at (202) 
260-7548 (Reference A-91-42, IX-B-58). Because 2-chloropropane is 
flammable, appropriate fire control measures should be in place 
throughout the foam manufacturing process including storage and 
handling of the chemical.

III. Additional Information

    Contact the Stratospheric Protection Hotline at (800) 296-1996, 
Monday-Friday, between the hours of 10 a.m. and 4 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 original SNAP 
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: June 2, 2000.
Paul Stolpman,
Director, Office of Atmospheric Programs, Office of Air and Radiation.

                                   Appendix A: Summary of Acceptable Decisions
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             End-use                    Substitute                 Decision                     Comments
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                                       Refrigeration and Air Conditioning
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Non-Mechanical Heat Transfer.....  HFC-4310mee for      Acceptable....................  EPA expects that the
                                    CFCs and HCFCs.                                      company-established 200
                                                                                         ppm time-weighted
                                                                                         average workplace
                                                                                         exposure limit and 400
                                                                                         ppm workplace exposure
                                                                                         ceiling will be met.

[[Page 37903]]

 
Household Refrigerators and        Ikon B     Acceptable....................  EPA expects that
 Freezers.                          for CFC-12.                                          manufacturers,
                                                                                         installers and
                                                                                         servicers of
                                                                                         refrigeration and air-
                                                                                         conditioning systems
                                                                                         will follow all
                                                                                         applicable industry
                                                                                         practices and technical
                                                                                         standards, including
                                                                                         but not limited to
                                                                                         standards issued by the
                                                                                         American Society of
                                                                                         Heating, Refrigeration
                                                                                         and Air-conditioning
                                                                                         Engineers (ASHRAE), and
                                                                                         that exposures will be
                                                                                         kept within all
                                                                                         applicable American
                                                                                         Industrial Hygiene
                                                                                         Association (AIHA) and
                                                                                         American Conference of
                                                                                         Governmental Industrial
                                                                                         Hygienists (ACGIH)
                                                                                         occupational exposure
                                                                                         limits.
 Commercial Comfort Air    Ikon A     Acceptable....................  EPA expects that
 Conditioning.                      for CFC-12.                                          manufacturers,
 Industrial Process                                                              installers and
 Refrigeration and Air                                                                   servicers of
 Conditioning.                                                                           refrigeration and air-
 Cold Storage Warehouses.                                                        conditioning systems
 Refrigerated Transport..                                                        will follow all
 Retail Food                                                                     applicable industry
 Refrigeration.                                                                          practices and technical
 Vending Machines........                                                        standards, including
 Water Coolers...........                                                        but not limited to
 Commercial Ice Machines.                                                        standards issued by the
 Household Refrigerators                                                         American Society of
 and Freezers.                                                                           Heating, Refrigeration
                                                                                         and Air-conditioning
                                                                                         Engineers (ASHRAE), and
                                                                                         that exposures will be
                                                                                         kept within all
                                                                                         applicable American
                                                                                         Industrial Hygiene
                                                                                         Association (AIHA) and
                                                                                         American Conference of
                                                                                         Governmental Industrial
                                                                                         Hygienists (ACGIH)
                                                                                         occupational exposure
                                                                                         limits.
Commercial Comfort Air             HFC-245fa. for CFC-  Acceptable....................  Building owners and
 Conditioning.                      11 (new only).                                       operators should
                                                                                         evaluate refrigerants
                                                                                         from a technical
                                                                                         standpoint to determine
                                                                                         which option is
                                                                                         superior for their
                                                                                         specific application.
Small auxiliary power units which  CFC-12 in motor      Acceptable....................  EPA anticipates that
 include an engine, electrical      vehicle air                                          installers and
 alternator, water pump, air        conditioners.                                        servicers of
 conditioning compressor and a                                                           refrigeration and air-
 heat exchanger used in tractor                                                          conditioning systems
 trailers in conjunction with                                                            will follow all
 passenger compartment climate                                                           applicable standard
 control systems that already use                                                        industry practices and
 an acceptable substitute                                                                technical standards.
 refrigerant.
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                                                  Foam Blowing
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Polyurethane Appliance Foam......  Vacuum panels......  Acceptable....................
Rigid Polyurethane and             2-chloropropane....  Acceptable....................  Analysis of toxicity
 Polyisocyanurate Boardstock.                                                            data available suggest
                                                                                         an acceptable exposure
                                                                                         limit of 350 ppm (8-
                                                                                         hour Time Weighted
                                                                                         Average).
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[FR Doc. 00-15299 Filed 6-16-00; 8:45 am]
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