[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Rules and Regulations]
[Pages 21-29]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31225]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0118; FRL-8758-9]
RIN 2060-AG12


Protection of Stratospheric Ozone: Notice 23 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, fire suppression and 
explosion protection, and foam blowing sectors.

DATES: Effective January 2, 2009.

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 Ave., 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) 343-2338, by e-mail at 
sheppard.margaret@epa.gov, or by mail at U.S. Environmental Protection

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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
    B. Fire Suppression and Explosion Protection
    C. Foam Blowing
II. Section 612 Program
    A. Statutory Requirements
    B. Regulatory History
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, 
fire suppression and explosion protection, and foam blowing sectors. 
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. R-407A
    EPA's decision:
    R-407A [R-32/125/134a (20.0/40.0/40.0)] is acceptable for use in 
new and retrofit equipment as a substitute for hydrochlorofluorocarbon 
(HCFC)-22 and HCFC blends including, but not limited to, R-401A, R-
401B, R-402A, and R-402B in:
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Residential and light commercial air conditioning and heat 
pumps.

R-407A is a blend of 40.0% by weight HFC-125 (pentafluoroethane, CAS ID 
354-33-6), 40.0% by weight HFC-134a (1,1,1,2-
tetrafluoroethane, CAS ID 811-97-2), and 20.0% by weight HFC-
32 (difluoromethane, CAS ID 75-10-5). This blend is also known 
by the trade names KLEA 60, KLEA 407A, and others. You may find the 
submission under Docket item EPA-HQ-OAR-2003-0118-0167 at 
www.regulations.gov.
    Environmental information:
    The ozone depletion potential (ODP) of R-407A is zero. The global 
warming potentials (GWPs) of HFC-125, HFC-134a, and HFC-32 are 3500, 
1430, and 675, respectively (relative to carbon dioxide), using a 100-
year time horizon (The International Panel on Climate Change [IPCC], 
Fourth Assessment Report, Climate Change 2007: The Physical Science 
Basis). The atmospheric lifetimes of these constituents are 29, 14, and 
4.9 years, respectively.
    The contribution of this blend to greenhouse gas emissions will be 
reduced given the venting prohibition under section 608(c)(2) of the 
Clean Air Act. This section and EPA's implementing regulations codified 
at 40 CFR part 82, subpart F prohibit the intentional venting or 
release of substitutes for class I or class II ODSs used during the 
repair, maintenance, service or disposal of refrigeration and air 
conditioning equipment (i.e., appliances).
    HFC-125, HFC-134a, and HFC-32 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.
    Flammability information:
    While one of the blend components, HFC-32, is flammable, the blend 
as formulated and under worst case fractionated formulation scenarios 
is not flammable.
    Toxicity and exposure data:
    Potential health effects of this substitute at lower concentrations 
include dizziness and loss of concentration. The substitute may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, it may cause central nervous system depression, 
irregular heart beat, or death. The substitute could cause 
asphyxiation, if air is displaced by vapors in a confined space. These 
potential health effects are common to many refrigerants.
    To protect against these potential health risks, HFC-125, HFC-134a, 
and HFC-32 have 8 hour/day, 40 hour/week workplace environmental 
exposure limits (WEELs) of 1000 ppm established by the American 
Industrial Hygiene Association (AIHA). 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. We also recommend that users of R-407A adhere to the AIHA's 
WEELs. EPA anticipates that users will be able to meet the WEELs and 
will be able to address potential health risks by following 
requirements and recommendations in the MSDSs and other safety 
precautions common in the refrigeration and air conditioning industry.
    Comparison to other refrigerants:
    R-407A is not an ozone depleter in contrast to the ozone-depleting 
substances which it replaces. R-407A is comparable to other substitutes 
for HCFC-22 and its blends in its lack of risk for ozone depletion. 
(HCFC-22 has an ODP of 0.05 and a GWP of 1810, according to the 
Scientific Assessment of Ozone Depletion: 2006 prepared by the World 
Meteorological Organization (WMO, 2006).) R-407A has a GWP of about 
2100, comparable to or lower than that of other substitutes for HCFC-
22. For example, the GWP of R-407C is about 3350, the GWP of R-410A is 
about 2100, and the GWP of R-507 is about 4000. Flammability and 
toxicity risks are low, as discussed above. Thus, we find that R-407A 
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.

[[Page 23]]

2. KDD6
    EPA's decision:
    KDD6 is acceptable for use in new and retrofit equipment as a 
substitute for CFC-12 in:
     Chillers (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.
     Residential and light commercial air conditioning and heat 
pumps.
     Non-mechanical heat transfer.

The submitter of KDD6 has claimed its composition as confidential 
business information. You may find the submission under Docket item 
EPA-HQ-OAR-2003-0118-0197 at www.regulations.gov.
    Environmental information:
    The ODP of KDD6 is zero. The average 100-year integrated GWP of 
this blend is between 2100 and 3350, in the range of the GWPs for R-
407C and R-410A, two other commonly used substitute refrigerants.
    The contribution of this blend to greenhouse gas emissions will be 
reduced given the venting prohibition under section 608(c)(2) of the 
Clean Air Act. This section and EPA's implementing regulations codified 
at 40 CFR part 82, subpart F prohibit the intentional venting or 
release of substitutes for class I or class II ODSs used during the 
repair, maintenance, service or disposal of refrigeration and air 
conditioning equipment (i.e., appliances).
    Some components of the blend are VOCs under Clean Air Act 
regulations (see 40 CFR 51.100(s)) addressing the development of SIPs 
to attain and maintain the national ambient air quality standards.
    Flammability information:
    While at least one of the blend components is flammable, the blend 
as formulated and under worst-case fractionated formulation scenarios 
is not flammable.
    Toxicity and exposure data:
    Potential health effects of this substitute at lower concentrations 
include dizziness and loss of concentration. The substitute may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, it may cause central nervous system depression, 
irregular heart beat, or death. The substitute could cause 
asphyxiation, if air is displaced by vapors in a confined space. These 
potential health effects are common to many refrigerants.
    To protect against these potential health risks, the manufacturer 
recommends an 8-hr TWA workplace exposure limit for the blend of 994 
ppm. A number of components of the blend have workplace exposure limits 
of 1000 ppm set by the manufacturer, the AIHA, or the ACGIH. EPA 
anticipates that users will be able to meet the manufacturer's 
recommended workplace exposure limit and will be able to address 
potential health risks by following requirements and recommendations in 
the MSDS and other safety precautions common in the refrigeration and 
air conditioning industry.
    Comparison to other refrigerants:
    KDD6 is not an ozone depleter; thus, it poses a lower risk for 
ozone depletion than the ODS it replaces. KDD6 has comparable or lower 
risk for ozone depletion than other substitutes for CFC-12. (CFC-12 has 
an ODP of 1.0 and a GWP of 10,890 (WMO, 2006).) KDD6 has a GWP 
comparable to or lower than that of other substitutes for CFC-12. For 
example, the GWP of R-407C is about 3350, the GWP of R-410A is about 
2100, and the GWP of R-507 is about 4000. Flammability and toxicity 
risks are low, as discussed above. We find that KDD6 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-427A
    EPA's decisions:
    R-427A [R-32/125/143a/134a (15.0/25.0/10.0/50.0)] is acceptable for 
use in retrofit equipment as a substitute for HCFC-22 in:
     Retail food refrigeration.
     Industrial process air conditioning.
     Reciprocating chillers.
     Screw chillers.
     Household refrigerators and freezers.
     Residential and light commercial air conditioning and heat 
pumps.
     Motor vehicle air conditioning (buses and passenger trains 
only).

R-427A is a blend of 25.0% by weight HFC-125 (pentafluoroethane, CAS ID 
354-33-6), 50% by weight HFC-134a (1,1,1,2-tetrafluoroethane, 
CAS ID 811-97-2), 10.0% by weight HFC-143a (1,1,1,-
trifluoroethane, CAS ID 420-46-2), and 15.0% HFC-32 
(difluoromethane, CAS ID 75-10-5). A common trade name for 
this refrigerant is Forane 427A. You may find the submission under 
Docket item EPA-HQ-OAR-2003-0118-0177 at www.regulations.gov.
    Environmental information:
    The ODP of R-427A is zero. The GWPs of HFC-125, HFC-134a, HFC-143a, 
and HFC-32 are 3500, 1430, 4470, and 675, respectively. The atmospheric 
lifetimes of these constituents are 29, 14, 52, and 4.9 years, 
respectively.
    The contribution of this blend to greenhouse gas emissions will be 
reduced given the venting prohibition under section 608(c)(2) of the 
Clean Air Act. This section and EPA's implementing regulations codified 
at 40 CFR part 82, subpart F prohibit the intentional venting or 
release of substitutes for class I or class II ODSs used during the 
repair, maintenance, service or disposal of refrigeration and air 
conditioning equipment (i.e., appliances).
    HFC-32, HFC-125, HFC-134a, and HFC-143a are exempt from the 
definition of VOC under Clean Air Act regulations concerning the 
development of SIPs to attain and maintain the national ambient air 
quality standards. 40 CFR 51.100(s).
    Flammability information:
    While two components of the blend, HFC-32 and HFC-143a, are 
flammable, the blend as formulated and under worst-case fractionated 
formulation scenarios is not flammable.
    Toxicity and exposure data:
    Potential health effects of this substitute at lower concentrations 
include dizziness and loss of concentration. The substitute may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, it may cause central nervous system depression, 
irregular heart beat, or death. The substitute could cause 
asphyxiation, if air is displaced by vapors in a confined space. These 
potential health effects are common to many refrigerants.
    To protect against these potential health risks, HFC-125, HFC-134a, 
HFC-143a and HFC-32 have 8 hour/day, 40 hour/week WEELs of 1000 ppm 
established by the AIHA. 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-427A adhere to the AIHA's WEELs. EPA anticipates that 
users will be able to meet the WEELs and will be able to address 
potential health risks by following requirements and recommendations in 
the MSDSs and other safety precautions common in the

[[Page 24]]

refrigeration and air conditioning industry.
    Comparison to other refrigerants:
    R-427A is not an ozone depleter in contrast to HCFC-22, the ozone 
depleting substance which it replaces. R-427A is comparable to other 
substitutes for HCFC-22 in its lack of risk for ozone depletion. (HCFC-
22 has an ODP of 0.05 and a GWP of 1810 (WMO, 2006).) R-427A has a GWP 
of about 2150, comparable to or lower than that of other substitutes 
for HCFC-22. For example, the GWP of R-407C is about 3350, the GWP of 
R-410A is about 2100, and the GWP of R-507 is about 4000. The 
flammability and toxicity risks are low, as discussed above. Thus, we 
find that R-427A 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.
4. R-424A (RS-44)
    EPA's decision:
    R-424A [R-125/134a/600a/600/601a (50.5/47.0/0.9/1.0/0.6)] is 
acceptable for use in new and retrofit equipment as a substitute for 
HCFC-22 in motor vehicle air conditioning (buses and passenger trains 
only).
    R-424A is a blend of 50.5% by weight HFC-125 (pentafluoroethane, 
CAS ID 354-33-6), 47.0% by weight HFC-134a (1,1,1,2-
tetrafluoroethane, CAS ID 811-97-2), 0.9% by weight R-600a 
(isobutane, 2-methyl propane, CAS ID 75-28-5), 1.0% by weight 
R-600 (n-butane, CAS ID 106-97-8), and 0.6% by weight R-601a 
(isopentane, 2-methylbutane, CAS ID 78-78-4). A common trade 
name for this refrigerant is RS-44. This formulation for RS-44 is 
different from the first formulation that EPA found acceptable in 
several refrigerant end uses (August 21, 2003; 68 FR 50533). EPA 
previously found the current formulation of RS-44, also designated as 
R-424A, acceptable as a substitute for R-22 in a number of other 
refrigeration and air conditioning end uses (September 28, 2006, 71 FR 
56884). You may find additional information under Docket item EPA-HQ-
OAR-2003-0118-0131 at www.regulations.gov.
    Environmental information:
    The ODP of R-424A is zero. The GWPs of HFC-125 and HFC-134a are 
3500 and 1430 and their atmospheric lifetimes are 29 and 14 years, 
respectively. The GWPs of isobutane, n-butane, and isopentane are not 
provided in the IPCC's Fourth Assessment Report, but are generally 
believed to be low (less than 10), and their atmospheric lifetimes are 
less than one year (see Table 2.8 in Safeguarding the Ozone Layer and 
the Global Climate System: Issues Related to Hydrofluorocarbons and 
Perfluorocarbons, prepared by the IPCC and the Technology and Economic 
Assessment Panel of the Montreal Protocol).
    The contribution of this blend to greenhouse gas emissions will be 
reduced given the venting prohibition under section 608(c)(2) of the 
Clean Air Act. This section and EPA's implementing regulations codified 
at 40 CFR part 82, subpart F prohibit the intentional venting or 
release of substitutes for class I or class II ODSs used during the 
repair, maintenance, service or disposal of refrigeration and air 
conditioning equipment (i.e., appliances).
    Isobutane, n-butane, and isopentane are VOCs under Clean Air Act 
regulations (see 40 CFR 51.100(s)) concerning the development of SIPs 
to attain and maintain the national ambient air quality standards. HFC-
125 and HFC-134a are excluded from the definition of VOC under these 
regulations.
    Flammability information:
    While three components of the blend are flammable, the blend as 
formulated, and under worst-case fractionated formulation scenarios, is 
not flammable.
    Toxicity and exposure data:
    Potential health effects of this substitute at lower concentrations 
include dizziness and loss of concentration. The substitute may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, it may cause central nervous system depression, 
irregular heart beat, or death. The substitute could cause 
asphyxiation, if air is displaced by vapors in a confined space. These 
potential health effects are common to many refrigerants.
    To protect against these potential health risks, HFC-125 and HFC-
134a have 8 hour/day, 40 hour/week WEELs of 1000 ppm established by the 
AIHA. Isobutane, n-butane and isopentane, have 8 hour/day, 40 hour/week 
threshold limit values (TLVs) established by the American Conference of 
Governmental Industrial Hygienists (ACGIH) of 1000 ppm, 800 ppm and 600 
ppm, respectively. 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-424A adhere to the AIHA's WEELs and the ACGIH's TLVs. EPA 
anticipates that users will be able to meet the WEELs and TLVs and will 
be able to address potential health risks by following requirements and 
recommendations in the MSDSs and other safety precautions common in the 
refrigeration and air conditioning industry.
    Comparison to other refrigerants:
    R-424A is not an ozone depleter in contrast to HCFC-22 which it 
replaces. It is comparable to other substitutes for HCFC-22 in its lack 
of risk for ozone depletion. (HCFC-22 has an ODP of 0.05 and a GWP of 
1810 (WMO, 2006).) R-424A has a GWP of about 2400, lower than that of 
some substitutes for HCFC-22 but higher than others. For example, the 
GWP of R-407C is about 3350, the GWP of R-410A is about 2100, and the 
GWP of R-507 is about 4000. Flammability and toxicity risks are low, as 
discussed above. Thus, we find that R-424A is acceptable because it 
does not pose a greater overall risk to public health and the 
environment in the end use listed above.
5. R-434A (RS-45)
    EPA's decision:
    R-434A [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 HCFC-22 in 
motor vehicle air conditioning (buses and passenger trains only).
    R-434A is a blend of 18.0% by weight 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). A 
common trade name for this refrigerant is RS-45. Under that trade name, 
EPA previously found R-434A acceptable as a substitute for R-22 in a 
number of other refrigeration and air conditioning end uses (October 4, 
2007, 72 FR 56628). You may find additional information under Docket 
item EPA-HQ-OAR-2003-0118-0162 at www.regulations.gov.
    Environmental information:
    The ODP of R-434A is zero. The GWPs of HFC-143a, HFC-125, HFC-134a, 
and isobutane are 4470, 3500, 1430, and less than 10, respectively. The 
atmospheric lifetimes of these constituents are 52, 29, and 14 years, 
and less than one year, respectively.
    The contribution of this blend to greenhouse gas emissions will be 
reduced given the venting prohibition under section 608(c)(2) of the 
Clean Air Act. This section and EPA's implementing regulations codified 
at 40 CFR part 82, subpart F prohibit the intentional venting or 
release of substitutes for class I or class II ODSs used during the 
repair, maintenance,

[[Page 25]]

service or disposal of refrigeration and air conditioning equipment 
(i.e., appliances).
    HFC-143a, HFC-125 and HFC-134a are excluded from the definition of 
VOC under Clean Air Act regulations (see 40 CFR 51.100(s)) addressing 
the development of 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:
    Potential health effects of this substitute at lower concentrations 
include dizziness and loss of concentration. The substitute may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, it may cause central nervous system depression, 
irregular heart beat, or death. The substitute could cause 
asphyxiation, if air is displaced by vapors in a confined space. These 
potential health effects are common to many refrigerants.
    To protect against these potential health risks, 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 WEELs of 1000 ppm established by the AIHA. 
Isobutane has an 8 hour/day, 40 hour/week TLV established by the 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 R-434A adhere to the AIHA's WEELs and the 
ACGIH's TLV. EPA anticipates that users will be able to meet the WEELs 
and the TLV and will be able to address potential health risks by 
following requirements and recommendations in the MSDS and other safety 
precautions common in the refrigeration and air conditioning industry.
    Comparison to other refrigerants:
    R-434A is not an ozone depleter in contrast to HCFC-22, the ozone-
depleting substance which it replaces. R-434A is comparable to other 
substitutes for HCFC-22 in its lack of risk for ozone depletion. (HCFC-
22 has an ODP of 0.05 and a GWP of 1810 (WMO, 2006).) R-434A has a GWP 
of about 3200, lower than that of some substitutes for HCFC-22, but 
higher than others. For example, the GWP of R-407C is about 3350, the 
GWP of R-410A is about 2100, and the GWP of R-507 is about 4000. 
Flammability and toxicity risks are low, as discussed above. Thus, we 
find that R-434A 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 use listed above.

B. Fire Suppression and Explosion Protection

1. Victaulic Vortex System
    EPA's decision:
    The Victaulic Vortex System is acceptable as a halon 1301 
substitute for total flooding uses in both occupied and unoccupied 
areas.
    The Victaulic Vortex System is a fire suppression system that uses 
fine water vapor droplets and nitrogen gas (N2, CAS ID 
7727-37-9). It is designed for use with Class A and Class B 
fires. You may find the submission under Docket item EPA-HQ-OAR-2003-
0118-0172 at www.regulations.gov.
    Environmental information:
    The ozone depletion potential (ODP) and the global warming 
potential (GWP) of each of the constituents of the Victaulic Vortex 
System is zero.
    The Victaulic Vortex System does not contain volatile organic 
compounds (VOC) as defined 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.
    Flammability information:
    The Victaulic Vortex System is non-flammable.
    Toxicity and exposure data:
    The potential health risks of the Victaulic Vortex System come from 
N2, an inert gas that at sufficiently high levels can cause 
asphyxiation. The Victaulic Vortex System can be designed to ensure 
that the oxygen concentration in any protected space will not fall 
below 12 percent over the 5 minute discharge period, consistent with 
the health criteria in National Fire Protection Agency (NFPA) Standard 
2001 for Clean Agent Fire Extinguishing Systems. EPA recommends that 
use of this system should be in accordance with the safe exposure 
guidelines for inert gas systems in the latest edition of NFPA 2001, 
specifically the requirements for residual oxygen levels, and that use 
should be in accordance with the relevant operational requirements in 
NFPA 750 Standard on Water Mist Fire Protection Systems. EPA also 
recommends that Section VIII of the Occupational Safety & Health 
Administration (OSHA) Technical Manual be consulted for information on 
selecting the appropriate types of Personal Protective Equipment (PPE) 
recommended.
    Comparison to other fire suppressants:
    The Victaulic Vortex System is not an ozone depleter in contrast to 
the ozone depleting substance which it replaces. The Victaulic Vortex 
System has comparable or lower risk for ozone depletion than other 
substitutes for halon 1301. (Halon 1301 has an ODP of 16 and a GWP of 
7140 (WMO, 2006).) The Victaulic Vortex System has a GWP of zero, 
comparable to or lower than that of other substitutes for halon 1301. 
For example, the GWP of HFC-227ea is 3220, the GWP of HFC-125 is 3500, 
and the GWP of HFC-236fa is 9810. The flammability and toxicity risks 
are low and are comparable or lower than for other acceptable fire 
suppressants such as IG-100 (N2), as discussed above. Thus, 
we find that the Victaulic Vortex System 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 use listed above.
2. ATK OS-10
    EPA's decision:
    The ATK OS-10 system is acceptable as a halon 1301 substitute for 
total flooding uses in both occupied and unoccupied areas.
    The OS-10 system is a fire suppression system that uses gas 
generators, either singly or several grouped together in a casing, to 
suppress fires through production mainly of water vapor and nitrogen 
(N2, CAS ID 7727-37-9). You may find the submission 
under Docket item EPA-HQ-OAR-2003-0118-0198 at www.regulations.gov.
    Environmental information:
    The ODP of each of the gaseous post-activation products of the OS-
10 system is zero. The GWPs of the gaseous post-activation products of 
OS-10 are 1 or less.
    The OS-10 system does not contain VOCs as defined 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.
    Flammability information:
    The OS-10 system is non-flammable.
    Toxicity and exposure data:
    Upon activation, OS-10 system produces post-activation products 
mainly consisting of gases and some

[[Page 26]]

particulates. The main post-activation gaseous products are water and 
N2, an inert gas that at sufficiently high levels can cause 
asphyxiation. The OS-10 system can be designed to ensure that the 
oxygen concentration in any protected space will not fall below 12 
percent over the 5 minute discharge period, consistent with the health 
criteria in National Fire Protection Agency (NFPA) Standard 2001 for 
Clean Agent Fire Extinguishing Systems. Testing data provided by the 
submitter indicate that there will not be a significant amount of 
particulate left in the room after discharge. Thus, EPA believes that 
potential toxicity and nuisance dust effects from exposure to the 
particulate matter should not be detrimental to human health within the 
five-minute egress timeframe established for total flooding fire 
extinguishing systems by the NFPA Standard 2001 (NFPA 2008). EPA 
recommends that use of this system should be in accordance with the 
safe exposure guidelines for inert gas systems in the latest edition of 
NFPA 2001, specifically the requirements for residual oxygen levels, 
and that use should be in accordance with the relevant operational 
requirements in NFPA Standard 2010 for Aerosol Extinguishing Systems.
    Installation and maintenance personnel should receive training in 
order to minimize the risk for accidental discharge of the system while 
performing installation or maintenance activities. Exposure of 
personnel during cleanup should be minimized by increasing the air 
exchange rate in the room prior to cleanup in order to aerate the space 
and reduce humidity. In addition, EPA recommends that all workers 
entering the protected volume to clean up after activation should wear 
appropriate personal protective equipment (PPE). We recommend 
consulting section VIII of the Occupational Safety & Health 
Administration (OSHA) Technical Manual (OSHA 1999) as well as all 
information from the manufacturer for information on selecting 
appropriate types of PPE to be worn by personnel involved in the 
manufacture, installation, maintenance, or clean up of OS-10.
    Comparison to other fire suppressants:
    The OS-10 system is not an ozone depleter in contrast to the ozone 
depleting substance which it replaces. OS-10 has comparable or lower 
risk for ozone depletion than other substitutes for halon 1301. (Halon 
1301 has an ODP of 16 and a GWP of 7140 (WMO, 2006).) The gaseous post-
activation products of OS-10 have GWPs well below those of other 
substitutes for halon 1301. For example, the GWPs of all of the OS-10 
gases are less than 1 compared to the GWP of HFC-227ea at 3220, the GWP 
of HFC-125 at 3500, and the GWP of HFC-236fa at 9810. The flammability 
and toxicity risks are low and are comparable or lower than for other 
acceptable fire suppressants such as IG-100 (N2), as 
discussed above. Thus, we find that the OS-10 system 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 use 
listed above.

C. Foam Blowing

1. Formacel[supreg] B
    EPA's decision:
    Formacel[supreg] B is acceptable as a substitute for HCFC-22 and 
HCFC-142b in polystyrene, extruded boardstock and billet.
    Formacel[supreg] B is a series of blends of the same component 
compounds. The submitter has claimed its composition as confidential 
business information. You may find the submission under Docket item 
EPA-HQ-OAR-2003-0118-0179 at www.regulations.gov.
    Environmental information:
    Formacel[supreg] B has no ODP. Formacel[supreg] B blends range in 
global warming potential (GWP) from approximately 140 to 1500. 
Formacel[supreg] B does not contain volatile organic compounds (VOC) as 
defined 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.
    Flammability information:
    Some components of the Formacel[supreg] B blends are flammable. 
Some specific blends are flammable as formulated and should be handled 
with proper precautions. EPA recommends that users follow all 
requirements and recommendations specified in the Material Safety Data 
Sheet (MSDS) and other safety precautions for use of flammable blowing 
agents used in the foam blowing industry. Use of Formacel[supreg] B 
will require safe handling and shipping as prescribed by the 
Occupational Safety and Health Administration (OSHA) and the Department 
of Transportation (for example, using personal safety equipment and 
following requirements for shipping hazardous materials at 49 CFR parts 
170 through 173).
    Toxicity and exposure data:
    Potential health effects of this substitute include nausea, 
headache, weakness, or central nervous system depression with effects 
such as dizziness, headache, or confusion. The substitute may also 
irritate the lungs, skin or eyes or cause frostbite. At high 
concentrations, the substitute may also cause irregular heart beat, 
abnormal kidney function, loss of consciousness, or death. The 
substitute could cause asphyxiation, if air is displaced by vapors in a 
confined space. These potential health effects are common to many foam 
blowing agents.
    EPA anticipates that Formacel[supreg] B will be used consistent 
with the recommendations specified in the manufacturers' Material 
Safety Data Sheets (MSDSs). The manufacturer recommends a workplace 
exposure limit of 1000 ppm for Formacel[supreg] B. EPA anticipates that 
users will be able to meet the manufacturer's recommended workplace 
exposure limits and will be able to address potential health risks by 
following requirements and recommendations in the MSDSs and other 
safety precautions common in the foam blowing industry.
    Comparison to other foam blowing agents:
    Formacel[supreg] B is not ozone depleting in contrast to the ozone 
depleting substances which it replaces. Formacel[supreg] B has 
comparable or lower risk for ozone depletion than other substitutes for 
HCFC-22 and HCFC-142b. (HCFC-22 and HCFC-142b have ODPs of 0.05 and 
0.07 and GWPs of 1810 and 2310, respectively (WMO, 2006).) 
Formacel[supreg] B blends range in GWP from 140 to 1500, comparable to 
or lower than that of other substitutes for HCFC-22 and HCFC-142b. For 
example, the GWP of HFC-134a is about 1430 and the GWP of HFC-245fa is 
about 1030. Flammability risks can be addressed by procedures common in 
the industry. The toxicity risks are low, as discussed above. Thus, we 
find that Formacel[supreg] B 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 use 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

[[Page 27]]

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 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: December 22, 2008.
Dina Kruger,
Acting Director, Office of Atmospheric Programs.

Appendix A: Summary of Acceptable Decisions

----------------------------------------------------------------------------------------------------------------
             End-use                     Substitute             Decision              Further information
----------------------------------------------------------------------------------------------------------------
                                       Refrigeration and Air Conditioning
----------------------------------------------------------------------------------------------------------------
Screw chillers (retrofit).......  R-427A as a substitute   Acceptable........
                                   for HCFC-22.
Screw chillers (retrofit and      KDD6 as a substitute     Acceptable........
 new).                             for CFC-12.
Reciprocating chillers            R-427A as a substitute   Acceptable........
 (retrofit).                       for HCFC-22.
Reciprocating chillers (retrofit  KDD6 as a substitute     Acceptable........
 and new).                         for CFC-12.
Industrial process refrigeration  KDD6 as a substitute     Acceptable........
 (retrofit and new).               for CFC-12.
Industrial process air            R-427A as a substitute   Acceptable........
 conditioning (retrofit).          for HCFC-22.
Industrial process air            KDD6 as a substitute     Acceptable........
 conditioning (retrofit and new).  for CFC-12.
Retail food refrigeration         R-427A as a substitute   Acceptable........
 (retrofit).                       for HCFC-22.
Retail food refrigeration         KDD6 as a substitute     Acceptable........
 (retrofit and new).               for CFC-12.

[[Page 28]]

 
                                  R-407A as a substitute   Acceptable........
                                   for HCFC-22 and HCFC
                                   blends including R-
                                   401A, R-401B, R-402A,
                                   and R-402B.
Cold storage warehouses           KDD6 as a substitute     Acceptable........
 (retrofit and new).               for CFC-12.
                                  R-407A as a substitute   Acceptable........
                                   for HCFC-22 and HCFC
                                   blends including R-
                                   401A, R-401B, R-402A,
                                   and R-402B.
Refrigerated transport (retrofit  KDD6 as a substitute     Acceptable........
 and new).                         for CFC-12.
                                  R-407A as a substitute   Acceptable........
                                   for HCFC-22 and HCFC
                                   blends including R-
                                   401A, R-401B, R-402A,
                                   and R-402B.
Commercial ice machines           KDD6 as a substitute     Acceptable........
 (retrofit and new).               for CFC-12.
Ice skating rinks (retrofit and   KDD6 as a substitute     Acceptable........
 new).                             for CFC-12.
Household refrigerators and       R-427A as a substitute   Acceptable........
 freezers (retrofit).              for HCFC-22.
Household refrigerators and       KDD6 as a substitute     Acceptable........
 freezers (retrofit and new).      for CFC-12.
Vending machines (retrofit and    KDD6 as a substitute     Acceptable........
 new).                             for CFC-12.
Water coolers (retrofit and new)  KDD6 as a substitute     Acceptable........
                                   for CFC-12.
Residential dehumidifiers         KDD6 as a substitute     Acceptable........
 (retrofit and new).               for CFC-12.
Residential and light commercial  R-427A as a substitute   Acceptable........
 air conditioning and heat pumps   for HCFC-22.
 (retrofit).
Residential and light commercial  R-407A as a substitute   Acceptable........
 air conditioning and heat pumps   for HCFC-22 and HCFC
 (retrofit and new).               blends including R-
                                   401A, R-401B, R-402A,
                                   and R-402B.
                                  KDD6 as a substitute     Acceptable........
                                   for CFC-12.
Motor vehicle air conditioning    R-427A as a substitute   Acceptable........
 for buses and passenger trains    for HCFC-22.
 only (retrofit).
Motor vehicle air conditioning    R-424A (RS-44, new       Acceptable........
 for buses and passenger trains    formulation) as a
 only (retrofit and new).          substitute for HCFC-22.
                                  R-434A (RS-45) as a      Acceptable........
                                   substitute for HCFC-22.
Non-mechanical heat transfer      KDD6 as a substitute     Acceptable........
 (retrofit and new).               for CFC-12.
----------------------------------------------------------------------------------------------------------------
                                                  Foam Blowing
----------------------------------------------------------------------------------------------------------------
Polystyrene, Extruded Boardstock  Formace[supreg] B as a   Acceptable........  Observe recommendations in the
 & Billet.                         substitute for HCFC-22                       manufacturer's MSDS and guidance
                                   and HCFC-142b.                               for using these blends.
----------------------------------------------------------------------------------------------------------------
                                    Fire Suppression and Explosion Protection
----------------------------------------------------------------------------------------------------------------
Total flooding..................  Victaulic Vortex System  Acceptable........  EPA recommends that users consult
                                   as a substitute for                          Section VIII of the Occupational
                                   halon 1301.                                  Safety & Health Administration
                                                                                (OSHA) Technical Manual for
                                                                                information on selecting the
                                                                                appropriate types of Personal
                                                                                Protective Equipment (PPE).
                                                                               EPA recommends that use of this
                                                                                system should be in accordance
                                                                                with the safe exposure
                                                                                guidelines for inert gas systems
                                                                                in the latest edition of NFPA
                                                                                2001, specifically the
                                                                                requirements for residual oxygen
                                                                                levels, and should be in
                                                                                accordance with the relevant
                                                                                operational requirements in NFPA
                                                                                750 Standard on Water Mist Fire
                                                                                Protection Systems.
                                                                               Use should conform with relevant
                                                                                OSHA requirements, including 29
                                                                                CFR part 1910, subpart L,
                                                                                sections 1910.160 and 1910.162.

[[Page 29]]

 
                                                                               EPA has no intention of
                                                                                duplicating or displacing OSHA
                                                                                coverage related to the use of
                                                                                personal protection equipment
                                                                                (e.g., respiratory protection),
                                                                                fire protection, hazard
                                                                                communication, worker training
                                                                                or any other occupational safety
                                                                                and health standard with respect
                                                                                to halon substitutes.
Total flooding..................  ATK OS-10 as a           Acceptable........  EPA recommends that users consult
                                   substitute for halon                         Section VIII of the Occupational
                                   1301.                                        Safety & Health Administration
                                                                                (OSHA) Technical Manual for
                                                                                information on selecting the
                                                                                appropriate types of Personal
                                                                                Protective Equipment (PPE).
                                                                               EPA recommends that use of this
                                                                                system should be in accordance
                                                                                with the safe exposure
                                                                                guidelines for inert gas systems
                                                                                in the latest edition of NFPA
                                                                                2001, specifically the
                                                                                requirements for residual oxygen
                                                                                levels, and should be in
                                                                                accordance with the relevant
                                                                                operational requirements in NFPA
                                                                                Standard 2010 for Aerosol
                                                                                Extinguishing Systems.
                                                                               Use should conform with relevant
                                                                                OSHA requirements, including 29
                                                                                CFR part 1910, subpart L,
                                                                                sections 1910.160 and 1910.162.
                                                                               EPA has no intention of
                                                                                duplicating or displacing OSHA
                                                                                coverage related to the use of
                                                                                personal protection equipment
                                                                                (e.g., respiratory protection),
                                                                                fire protection, hazard
                                                                                communication, worker training
                                                                                or any other occupational safety
                                                                                and health standard with respect
                                                                                to halon substitutes.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-31225 Filed 12-31-08; 8:45 am]
BILLING CODE 6560-50-P