[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Rules and Regulations]
[Pages 56628-56632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19545]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0118; FRL-8477-7]
RIN 2060-AG12


Protection of Stratospheric Ozone: Notice 22 for Significant New 
Alternatives Policy Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Determination of acceptability.

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SUMMARY: This Determination of Acceptability expands the list of 
acceptable substitutes for ozone-depleting substances under the U.S. 
Environmental Protection Agency's (EPA) Significant New Alternatives 
Policy (SNAP) program. The determinations concern new substitutes for 
use in the refrigeration and air conditioning sector.

DATES: This action is effective on October 4, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2003-0118 (continuation of Air Docket A-91-42). All 
electronic documents in the docket are listed in the index at http://
www.regulations.gov. Although listed in the index, some information is 
not publicly available, i.e., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Publicly available docket materials are available either electronically 
at www.regulations.gov or in hard copy at the EPA Air Docket (No. A-91-
42), EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard by telephone at 
(202) 343-9163, by facsimile at (202) 343-2362, by e-mail at 
sheppard.margaret@epa.gov, or by mail at U.S. Environmental Protection 
Agency, Mail Code 6205J, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Overnight or courier deliveries should be sent to the office 
location at 1310 L Street, NW., 10th floor, Washington, DC 20005.
    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 other EPA publications on protection of stratospheric ozone, 
are available at EPA's Ozone Depletion World Wide Web site at http://
www.epa.gov/ozone/ including the SNAP portion at http://www.epa.gov/
ozone/snap/.

SUPPLEMENTARY INFORMATION:

I. Listing of New Acceptable Substitutes
    A. Refrigeration and Air Conditioning
II. Section 612 Program
    A. Statutory Requirements
    B. Regulatory History

[[Page 56629]]

Appendix A--Summary of Decisions for New Acceptable Substitutes

I. Listing of New Acceptable Substitutes

    This section presents EPA's most recent acceptable listing 
decisions for substitutes in the refrigeration and air conditioning 
sector. For copies of the full list of ODS substitutes in all 
industrial sectors, visit EPA's Ozone Depletion Web site at http://
www.epa.gov/ozone/snap/lists/index.html.
    The sections below discuss each substitute listing in detail. 
Appendix A contains a table summarizing today's listing decisions for 
new substitutes. The statements in the ``Further Information'' column 
in the table provide additional information, but are not legally 
binding under section 612 of the Clean Air Act. In addition, the 
``further information'' may not be a comprehensive list of other legal 
obligations you may need to meet when using the substitute. Although 
you are not required to follow recommendations in the ``further 
information'' column of the table to use a substitute, EPA strongly 
encourages you to apply the information when using these substitutes. 
In many instances, the information simply refers to standard operating 
practices in existing industry and/or building-code standards. Thus, 
many of these statements, if adopted, would not require significant 
changes to existing operating practices.
    You can find submissions to EPA for the use of the substitutes 
listed in this document and other materials supporting the decisions in 
this action in docket EPA-HQ-OAR-2003-0118 at http://
www.regulations.gov.

A. Refrigeration and Air Conditioning

1. RS-45
    EPA's decision:
    RS-45[R-125/143a/134a/600a (63.2/18.0/16.0/2.8)] is acceptable for 
use in new and retrofit equipment as a substitute for 
hydrochlorofluorocarbon (HCFC)-22 in:
     Chillers (centrifugal, screw, reciprocating).
     Industrial process refrigeration.
     Industrial process air conditioning.
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Commercial ice machines.
     Ice skating rinks.
     Household refrigerators and freezers.
     Water coolers.
     Residential dehumidifiers.
     Household and light commercial air conditioning and heat 
pumps.

    RS-45 is a blend of 18.0% by weight hydrofluorocarbon (HFC)-143a 
(1,1,1-trifluoroethane, CAS ID 420-46-2), 63.2% by weight HFC-
125 (pentafluoroethane, CAS ID 354-33-6), 16.0% by weight HFC-
134a (1,1,1,2-tetrafluoroethane, CAS ID 811-97-2, and 2.8% by 
weight R-600a (isobutane, 2-methyl propane, CAS ID 75-28-5). 
The American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) has assigned this blend the designation R-434A. You 
may find the submission under Docket item EPA-HQ-OAR-2003-0118-0162 at 
www.regulations.gov. 
    Environmental information: The ozone depletion potential (ODP) of 
R-421A is zero. The global warming potentials (GWPs) of HFC-143a, HFC-
125, HFC-134a, and isobutane are 3800, 3450, 1320, and less than 10, 
respectively (relative to carbon dioxide, using a 100-year time horizon 
(United Nations Environment Programme (UNEP) and World Meteorological 
Organization (WMO) Scientific Assessment of Ozone Depletion: 2002)). 
The atmospheric lifetimes of these constituents are 48.3, 29, and 14 
years, and less than one year, respectively.
    The contribution of this blend to greenhouse gas emissions will be 
minimized through the implementation of the venting prohibition under 
section 608 (c)(2) of the Clean Air Act (see 40 CFR part 82, subpart 
F). This section and EPA's implementing regulations prohibit venting or 
release of substitutes for class I or class II ODSs used in 
refrigeration and air conditioning and require proper handling, such as 
recycling or recovery, and disposal of these substances.
    HFC-143a, HFC-125 and HFC-134a are excluded from the definition of 
volatile organic compound (VOC) under Clean Air Act regulations (see 40 
CFR 51.100(s)) addressing the development of State implementation plans 
(SIPs) to attain and maintain the national ambient air quality 
standards. Isobutane is a VOC under Clean Air Act regulations.
    Flammability information: While two of the blend components, 
isobutane and HFC-143a, are flammable, the blend as formulated and 
under worst case fractionated formulation scenarios is not flammable.
    Toxicity and exposure data: HFC-143a has an 8 hour/day, 40 hour/
week recommended acceptable exposure limit for the workplace from the 
manufacturer of 1000 ppm. HFC-125 and HFC-134a have 8 hour/day, 40 
hour/week workplace environmental exposure limits (WEELs) of 1000 ppm 
established by the American Industrial Hygiene Association (AIHA). 
Isobutane has an 8 hour/day, 40 hour/week threshold limit value (TLV) 
established by the American Conference of Governmental Industrial 
Hygienists (ACGIH) of 1000 ppm. EPA recommends that users follow all 
requirements and recommendations specified in the Material Safety Data 
Sheet (MSDS) for the blend and the individual components and other 
safety precautions common in the refrigeration and air conditioning 
industry. EPA also recommends that users of RS-45 adhere to the AIHA's 
WEELs and the ACGIH's TLV.
    Comparison to other refrigerants: RS-45 is not an ozone depleter in 
contrast to HCFC-22, the ozone-depleting substance which it replaces. 
RS-45 is comparable to other substitutes for HCFC-22 in its lack of 
risk for ozone depletion. RS-45 has a GWP of about 3200, comparable to 
or lower than that of other substitutes for HCFC-22. For example, the 
GWP of R-407C is about 1700, the GWP of R-410A is about 2000, and the 
GWPs of R-404A and R-507 are about 3900. Flammability and toxicity 
risks are low, as discussed above. Thus, we find that RS-45 is 
acceptable because it does not pose a greater overall risk to public 
health and the environment than the other substitutes acceptable in the 
end uses listed above.
2. KDD5
    EPA's decision:
    KDD5 is acceptable for use in new and retrofit equipment as a 
substitute for HCFC-22 in: 
     Chillers (centrifugal, screw, reciprocating).
     Industrial process refrigeration.
     Industrial process air conditioning.
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Commercial ice machines.
     Ice skating rinks.
     Household refrigerators and freezers.
     Vending machines.
     Water coolers.
     Residential dehumidifiers.
     Household and light commercial air conditioning and heat 
pumps.
     Motor vehicle air conditioning (buses and passenger trains 
only).
     Non-mechanical heat transfer.

The submitter of KDD5 has claimed its composition as confidential 
business information. You may find the submission under Docket item 
EPA-HQ-OAR-2003-0118-0157 at www.regulations.gov.
    Environmental information: The ODP of KDD5 is zero. The average 
100-year integrated GWP of this blend is in the

[[Page 56630]]

range of the GWPs for R-407C and R-410A. Some components of the blend 
are VOCs under Clean Air Act regulations addressing the development of 
State implementation plans (SIPs) to attain and maintain the national 
ambient air quality standards. 40 CFR 51.100(s).
    The contribution of this blend to greenhouse gas emissions will be 
minimized through the implementation of the venting prohibition under 
section 608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F). 
This section and EPA's implementing regulations prohibit venting or 
release of substitutes for class I or class II ODSs used in 
refrigeration and air conditioning and require proper handling, such as 
recycling or recovery, and disposal of these substances.
    Flammability information: As formulated and under worst-case 
fractionated formulation scenarios, this blend is not flammable.
    Toxicity and exposure data: The manufacturer's recommended 8-hr TWA 
workplace exposure limit for the blend is 995 ppm. A number of 
components of the blend have workplace exposure limits of 1000 ppm set 
by the manufacturer, the AIHA, or the ACGIH.
    Comparison to other refrigerants: KDD5 is not an ozone depleter; 
thus, it poses a lower risk for ozone depletion than the ODSs it 
replaces. KDD5 has comparable or lower risk for ozone depletion than 
other substitutes for HCFC-22. KDD5 has a GWP comparable to or lower 
than that of other substitutes for HCFC-22. For example, the GWP of R-
407C is about 1700, the GWP of R-410A is about 2000, and the GWPs of R-
404A and R-507 are about 3900. Flammability and toxicity risks are low, 
as discussed above. We find that KDD5 is acceptable because it does not 
pose a greater overall risk to public health and the environment than 
the other substitutes acceptable in the end uses listed above.
3. R-428A
    EPA's decisions:
    R-428A is acceptable for use in new and retrofit equipment as a 
substitute for R-502, HCFC-22, and refrigerant blends containing HCFC-
22, including R-402A, R-408A, R-403B, and R-411B in:
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Commercial ice machines.
     Household refrigerators and freezers.
    R-428A is acceptable for use in new equipment as a substitute for 
R-403B in:
     Industrial process refrigeration.
    R-428A is acceptable for use in new and retrofit equipment as a 
substitute for R-502 and HCFC-22 in:
     Ice skating rinks.

R-428A is a blend of 77.5% by weight HFC-125 (pentafluoroethane, CAS ID 
354-33-6), 20.0% by weight HFC-143a (1,1,1,-trifluoroethane, 
CAS ID 420-46-2), 0.6% by weight R-290 (propane, CAS ID 
74-98-6), and 1.9% by weight R-600a (isobutane, 2-methyl 
propane, CAS ID 75-28-5). A common trade name for this 
refrigerant is RS-52. You may find the submission under Docket item 
EPA-HQ-OAR-2003-0118-0155 at www.regulations.gov.
    Environmental information: The ODP of R-428A is zero. For 
environmental information on HFC-125, HFC-143a and isobutane, see the 
section on environmental information above for RS-45. The 100-year 
integrated GWP of propane is generally considered to be less than 10, 
relative to CO2. The atmospheric lifetime of propane is less 
than one year.
    The contribution of this blend to greenhouse gas emissions will be 
minimized through the implementation of the venting prohibition under 
section 608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F). 
This section and EPA's implementing regulations prohibit venting or 
release of substitutes for class I or class II ODSs used in 
refrigeration and air conditioning and require proper handling, such as 
recycling or recovery, and disposal of these substances.
    Isobutane and propane are VOCs under Clean Air Act regulations 
concerning the development of SIPs to attain and maintain the national 
ambient air quality standards. HFC-125 and HFC-143a are exempt from the 
definition of VOC under these regulations. 40 CFR 51.100(s).
    Flammability information: While three components of the blend, HFC-
143a, isobutane and propane, are flammable, the blend as formulated and 
under worst-case fractionated formulation scenarios, is not flammable.
    Toxicity and exposure data: For information on the workplace 
exposure limits for HFC-125 and HFC-143a, see the section on toxicity 
and exposure data above for RS-45. Isobutane has an 8 hour/day, 40 
hour/week threshold limit value (TLV) established by the American 
Conference of Governmental Industrial Hygienists (ACGIH) of 1000 ppm. 
Propane has an 8 hour/day, 40 hour/week TLV of 800 ppm established by 
the ACGIH. EPA recommends that users follow all requirements and 
recommendations specified in the MSDS for the blend and the individual 
components and other safety precautions common in the refrigeration and 
air conditioning industry. EPA also recommends that users of R-428A 
adhere to the ACGIH's TLVs.
    Comparison to other refrigerants: R-428A is not an ozone depleter 
in contrast to the ozone depleting substances which it replaces. R-428A 
has comparable or lower risk for ozone depletion than other substitutes 
for R-502. R-428A has a GWP of about 3500, comparable to or lower than 
that of other substitutes for HCFC-22 and R-502. For example, the GWP 
of R-407C is about 1700, the GWP of R-410A is about 2000, and the GWPs 
of R-404A and R-507 are about 3900. The flammability and toxicity risks 
are low, as discussed above. Thus, we find that R-428A is acceptable 
because it does not pose a greater overall risk to public health and 
the environment than the other substitutes acceptable in the end uses 
listed above.

II. 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. We 
refer 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, 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. We 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, it must publish the revised lists within an additional six 
months.
     90-day Notification--Section 612(e) directs EPA to require 
any person who

[[Page 56631]]

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 the final rulemaking (59 FR 13044) 
that described the process for administering the SNAP program and 
issued our 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 comprise 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. Therefore, by this notice we are adding substances to the 
list of acceptable alternatives without first requesting comment on new 
listings.
    However, we do 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 the lists of prohibited or acceptable substitutes. We 
publish updates to these lists 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 plans to market or produces a substitute for an 
ODS in one of the eight major industrial use sectors must provide EPA 
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.
    You can find a complete chronology of SNAP decisions and the 
appropriate Federal Register citations from the SNAP section of EPA's 
Ozone Depletion World Wide Web site at http://www.epa.gov/ozone/snap/
chron.html. This information is also available from the Air Docket (see 
ADDRESSES section above for contact information).

List of Subjects in 40 CFR Part 82

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

    Dated: September 7, 2007.
Edward Callahan,
Acting Director, Office of Atmospheric Programs.

Appendix A: Summary of Acceptable Decisions

                                       Refrigeration and Air Conditioning
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              End-use                     Substitute                Decision              Further  information
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Centrifugal chillers (retrofit and  RS-45 as a substitute  Acceptable................
 new).                               for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Screw chillers (retrofit and new).  RS-45 as a substitute  Acceptable................
                                     for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Reciprocating chillers (retrofit    RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Industrial process refrigeration    RS-45 as a substitute  Acceptable................
 (retrofit and new).                 for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Industrial process refrigeration    R-428A as a            Acceptable................
 (new only).                         substitute for R-
                                     403B.
Industrial process air              RS-45 as a substitute  Acceptable................
 conditioning (retrofit and new).    for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Retail food refrigeration           RS-45 as a substitute  Acceptable................
 (retrofit and new).                 for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Cold storage warehouses (retrofit   RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Refrigerated transport (retrofit    RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Commercial ice machines (retrofit   RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.

[[Page 56632]]

 
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Ice skating rinks (retrofit and     RS-45 as a substitute  Acceptable................
 new).                               for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-502
                                     and HCFC-22.
Household refrigerators and         RS-45 as a substitute  Acceptable................
 freezers (retrofit and new).        for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Vending machines (retrofit and      KDD5 as a substitute   Acceptable................
 new).                               for HCFC-22.
Water coolers (retrofit and new)..  RS-45 as a substitute  Acceptable................
                                     for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Residential dehumidifiers           RS-45 as a substitute  Acceptable................
 (retrofit and new).                 for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Household and light commercial air  RS-45 as a substitute  Acceptable................
 conditioning and heat pumps         for HCFC-22.
 (retrofit and new).
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Motor vehicle air conditioning for  KDD5 as a substitute   Acceptable................
 buses and passenger trains.         for HCFC-22.
Non-mechanical heat transfer......  KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
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[FR Doc. E7-19545 Filed 10-3-07; 8:45 am]
BILLING CODE 6560-50-P