[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Rules and Regulations]
[Pages 50129-50137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0118; FRL-8959-2]
RIN 2060-AG12


Protection of Stratospheric Ozone: Notice 24 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 and foam blowing sectors.

DATES: This determination is effective on September 30, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID

[[Page 50130]]

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 http://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 
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. Foam Blowing
II. Section 612 Program
    A. Section 612 Statutory and Regulatory Background
    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 and 
foam blowing sectors. For copies of the full list of ozone depleting 
substance (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 (CAA). 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 consistent with 
section 612 of the CAA, 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. However, some of these 
statements may refer to obligations that are enforceable or binding 
under Federal or State programs other than the SNAP program. 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-744 (CO2)
    EPA's decision: R-744 (carbon dioxide or CO2) is acceptable for use 
in new equipment as a substitute for chlorofluorocarbon (CFC)-12, R-
502, hydrochlorofluorocarbon (HCFC)-22 and HCFC blends in:
     Retail food refrigeration.
     Cold storage warehouses.
    R-744 is carbon dioxide (CO2), CAS ID 124-38-9. 
You may find the submissions under Docket items EPA-HQ-OAR-2003-0118-
0205, -0207, -0208 and -0223 at http://www.regulations.gov.
    Environmental information: The ozone depletion potential (ODP) of 
CO2 is zero. The 100-year global warming potential (GWP) of 
CO2 is 1. The atmospheric lifetime of CO2 is 
based upon a complex function of different processes in the carbon 
cycle, with some portion of CO2 emissions expected to last 
1000 years or longer (The International Panel on Climate Change [IPCC], 
Fourth Assessment Report, Climate Change 2007: The Physical Science 
Basis).
    EPA's regulations codified at 40 CFR part 82, subpart F exempt 
CO2 refrigerant from the venting prohibition under section 
608 (c)(2) of the Clean Air Act. This section and EPA's implementing 
regulations 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).
    CO2 is 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: CO2 is not flammable.
    Toxicity and exposure data: Potential health effects of this 
substitute at lower concentrations include 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 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, CO2 has 
an 8 hour/day, 40 hour/week permissible exposure limit (PEL) of 5000 
ppm required by the Occupational Safety and Health Administration 
(OSHA) and a 15-minute recommended short-term exposure limit (STEL) of 
30,000 ppm established by the National Institute for Occupational 
Safety and Health (NIOSH). EPA recommends that users follow all 
requirements and recommendations specified in the Material Safety Data 
Sheet (MSDS), in American Society for Heating and Refrigeration 
Engineers (ASHRAE) standard 15, and other safety precautions common in 
the refrigeration and air conditioning industry. We also recommend that 
users of R-744 adhere to NIOSH's STEL and to ASHRAE 15 and we expect 
that users will meet OSHA's PEL. EPA anticipates that users will be 
able to meet the PEL and STEL and will be able to address potential 
health risks by following requirements and recommendations in the 
MSDSs, in ASHRAE 15, and other safety precautions common in the 
refrigeration and air conditioning industry.
    Comparison to other refrigerants: CO2 (R-744) is not an 
ozone depleter in contrast to the ozone-depleting substances which it 
replaces. In its lack of risk for ozone depletion, R-744 is

[[Page 50131]]

comparable to a number of other substitutes for CFC-12, R-502, and 
HCFC-22 and its blends, such as R-404A, R-407C, R-410A, and R-507. (R-
502 is a blend of 48.8% HCFC-22 and 51.2% CFC-115 by weight. CFC-12 has 
an ODP of 1.0 and a GWP of 10,890; CFC-115 has an ODP of 0.44 and a GWP 
of 7370; and 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-744 has a GWP of 1, 
lower than that of other substitutes for CFC-12, R-502, and HCFC-22. 
For example, the GWP of R-404A is about 3930, 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-744 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. C6-Perfluoroketone
    EPA's decision: C6-perfluoroketone is acceptable as a substitute 
for CFC-113 for use in new and retrofit equipment in non-mechanical 
heat transfer.
    C6-perfluoroketone is also known as 1,1,1,2,2,4,5,5,5-nonafluoro-4-
(trifluoromethyl)-3-pentanone or FK-5-1-12mmy2 (CAS Reg. No. 756-13-8). 
It is marketed under the trade name NovecTM 649. EPA 
previously found this substitute acceptable in the fire protection 
sector (December 20, 2002; 67 FR 77927). You may find the most recent 
submission under Docket item EPA-HQ-OAR-2003-0118-0214 and -0216 at 
http://www.regulations.gov.
    Environmental information: C6-perfluoroketone has no ODP. C6-
perfluoroketone has a GWP of 0.6 to 1.8 and an atmospheric lifetime of 
up to 2 weeks (October 1, 2004; 69 FR 58903). C6-perfluoroketone is 
currently defined as a 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.
    Flammability information: C6-perfluoroketone is non-flammable.
    Toxicity and exposure data: Potential health effects of this 
substitute include central nervous system depression or irregular 
heartbeat, at sufficiently high concentrations. These potential health 
effects are common to many refrigerants.
    EPA anticipates that C6-perfluoroketone will be used consistent 
with the recommendations specified in the manufacturer's MSDSs. The 
manufacturer recommends a workplace exposure limit of 150 ppm over an 
8-hour time-weighted average for C6-perfluoroketone. 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 MSDSs and 
other safety precautions common in the refrigeration and air 
conditioning industry.
    Comparison to other refrigerants: C6-perfluoroketone is not ozone 
depleting in contrast to CFC-113, the ozone depleting substance which 
it replaces. In its lack of risk for ozone depletion, C6-
perfluoroketone is comparable to other non-ozone-depleting substitutes 
for CFC-113, such as HFE-7100, HFC-245fa and CO2. (CFC-113, 
has an ozone depletion potential (ODP) of 1.0 relative to CFC-11 (WMO, 
2006).) C6-perfluoroketone's GWP is less than 2, which is comparable to 
or lower than that of other substitutes for CFC-113 in heat transfer 
uses. For example, the GWP of HFE-7100 is about 297, the GWP of HFC-
245fa is about 1030, and the GWP of CO2 is 1. Additionally, 
the GWP for C6-perfluoroketone is significantly lower than the GWP for 
the ozone-depleting substance it will replace. (CFC-113 has a GWP of 
6130 (WMO, 2006).) Flammability and toxicity risks are low, as 
discussed above. Thus, we find that C6-perfluoroketone 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.
3. R-438A (ISCEON[supreg] MO99)
    DuPont Fluoroproducts has notified EPA that it is using the name 
DuPontTMISCEON[supreg] MO99 in marketing the refrigerant 
blend that EPA reviewed under the name ``KDD5''. On October 4, 2007 (72 
FR 56628), EPA found KDD5 acceptable as a substitute for HCFC-22 for a 
variety of end-uses. The composition of the formulation was originally 
requested to be confidential business information (CBI); however, the 
company has now removed the CBI restrictions. This blend has been given 
the designation R-438A in ASHRAE Standard 34. This blend is non-
flammable and has ASHRAE safety classification A1.

B. Foam Blowing

1. Formacel[supreg] TI
    EPA's decision: Formacel[supreg] TI is acceptable as a substitute 
for HCFC-22 and HCFC-142b in:
     Rigid Polyurethane Appliance Foam.
     Rigid Polyurethane Spray, Commercial Refrigeration, and 
Sandwich Panels.
     Integral Skin Polyurethane.
     Polyolefin.
     Rigid Polyurethane Slabstock and Other.
     Polystyrene Extruded Boardstock & Billet.
     Polystyrene Extruded Sheet.
     Rigid Polyurethane & Polyisocyanurate Laminated 
Boardstock.
    Formacel[supreg] TI is a series of blends with different percentage 
contents of the same compounds. The submitter has claimed its 
composition as confidential business information. You may find the 
submission under Docket item EPA-HQ-OAR-2003-0118-0217 and -0219 at 
http://www.regulations.gov.
    Environmental information: Formacel[supreg] TI has no ODP. 
Formacel[supreg] TI blends range in global warming potential (GWP) from 
approximately 1330 to 1500. Formacel[supreg] TI 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: Formacel[supreg] TI blends are not 
flammable.
    Toxicity and exposure data: Potential health effects of this 
substitute include nausea, headache, weakness, or central nervous 
system depression with effects such as dizziness, drowsiness, 
confusion, or loss of consciousness. The substitute may also irritate 
the lungs, skin or eyes or cause frostbite. At high concentrations, the 
substitute may cause irregular heartbeat 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] TI will be used consistent 
with the recommendations specified in the manufacturer's Material 
Safety Data Sheets (MSDSs). The manufacturer recommends a workplace 
exposure limit of 1000 ppm on an 8-hour time-weighted average for 
Formacel[supreg] TI. 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] TI is not 
ozone

[[Page 50132]]

depleting in contrast to the ozone depleting substances which it 
replaces. (HCFC-22 and HCFC-142b have ODPs of 0.05 and 0.07, 
respectively (WMO, 2006).) In its lack of risk for ozone depletion, 
Formacel[supreg] TI is comparable to other substitutes for HCFC-22 and 
HCFC-142b, such as hydrofluorocarbon (HFC)-134a and HFC-245fa. 
Formacel[supreg] TI blends range in GWP from 1330 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. Additionally, the GWP for Formacel[supreg] TI is lower 
than the GWP for the ozone-depleting substances it will replace. (The 
GWPs of HCFC-22 and HCFC-142b are 1810 and 2310, respectively (WMO, 
2006). Flammability and toxicity risks are low, as discussed above. 
Thus, we find that Formacel[supreg] TI 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. HFO-1234ze
    EPA's decision: Hydrofluoroolefin 1 (HFO)-1234ze is 
acceptable as a substitute for CFCs and HCFCs in:
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    \1\ Hydrofluoroolefins are a subset of hydrofluorocarbons that 
contain double bonds between carbon atoms.
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     Rigid Polyurethane Appliance Foam.
     Rigid Polyurethane Spray, Commercial Refrigeration, and 
Sandwich Panels.
     Polystyrene Extruded Boardstock & Billet.

HFO-1234ze is also known as HFC-1234ze or trans-1,3,3,3-
tetrafluoroprop-1-ene (CAS Reg. No.29118-24-9). You may find the 
submission under Docket item EPA-HQ-OAR-2003-0118-0222 at http://www.regulations.gov.
    Environmental information: HFO-1234ze has no ODP. HFO-1234ze has a 
GWP of 6 and an atmospheric lifetime of approximately 2 weeks 
(``Atmospheric chemistry of trans-CF3CH=CHF: products and mechanisms of 
hydroxyl radical and chlorine atom initiated oxidation,'' M.S. Javadi, 
R. S[oslash]ndergaard, O.J. Nielsen, M.D. Hurley, and T.J. Wellington, 
Atmospheric Chemistry and Physics Discussions 8, 1069-1088, 2008). HFO-
1234ze is currently defined as a VOC as defined 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: HFO-1234ze is non-flammable.
    Toxicity and exposure data: Potential health effects of this 
substitute at lower concentrations include drowsiness and dizziness. 
The substitute may also irritate the skin or eyes or cause frostbite. 
At sufficiently high concentrations, it may cause central nervous 
system depression or irregular heartbeat. The substitute could cause 
asphyxiation, if air is displaced by vapors in a confined space. The 
substitute may also irritate the lungs, skin or eyes or cause 
frostbite. These potential health effects are common to many foam 
blowing agents.
    EPA anticipates that HFO-1234ze will be used consistent with the 
recommendations specified in the manufacturer's MSDSs. EPA recommends a 
preliminary workplace exposure limit of 375 ppm for HFO-1234ze. EPA 
anticipates that users will be able to meet this recommended workplace 
exposure limit 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. Further, EPA is 
reviewing this substance as a Pre-manufacture Notice under the Toxic 
Substances Control Act (TSCA). Therefore, use of HFO-1234ze must be in 
accord with EPA's final decision under TSCA.
    Comparison to other foam blowing agents: HFO-1234ze is not ozone 
depleting in contrast to the ozone depleting substances which it 
replaces. In its lack of risk for ozone depletion, HFO-1234ze is 
comparable to other substitutes for HCFC-22 and HCFC-142b, such as HFC-
134a and HFC-245fa. (HCFC-22 and HCFC-142b have ODPs of 0.05 and 0.07, 
respectively (WMO, 2006).) HFO-1234ze's GWP is 6, 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. Additionally, the GWP for HFO-1234ze is significantly lower 
than the GWPs for the ozone-depleting substances it will replace. (The 
GWPs of HCFC-22 and HCFC-142b are 1810 and 2310, respectively (WMO, 
2006).) Flammability risks can be addressed by procedures common in the 
industry. The toxicity risks are low, as discussed above. Thus, we find 
that HFO-1234ze 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. HFC-365mfc
    EPA's decision: HFC-365mfc is acceptable as a substitute for HCFC-
141b in:
     Rigid Polyurethane Appliance Foam.
     Rigid Polyurethane Commercial Refrigeration and Sandwich 
Panels.
     Flexible Polyurethane.
     Integral Skin Polyurethane.
     Polystyrene Extruded Sheet.
     Polyolefin.
     Rigid Polyurethane Slabstock and Other.
     Polystyrene Extruded Boardstock & Billet.
     Rigid Polyurethane & Polyisocyanurate Laminated 
Boardstock.
     Phenolic Insulation Board & Bunstock.

HFC-365mfc is also known as 1,1,1,3,3-pentafluorobutane (CAS Reg. No. 
405-58-6). EPA previously found HFC-365mfc acceptable as an aerosol 
solvent and as a solvent in metals, electronics, and precision cleaning 
(December 18, 2000; 65 FR 78977). You may find the submission under 
Docket items EPA-HQ-OAR-2003-0118-0221 and -0224 at http://www.regulations.gov.
    Environmental information: HFC-365mfc has no ODP. HFC-365mfc has a 
GWP of 794 and an atmospheric lifetime of 8.6 years (IPCC, 2007). HFC-
365mfc is not a VOC as defined 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: HFC-365mfc is mildly flammable with a 
flashpoint below -27 [deg]C and a lower flammability limit of 3.6% by 
volume in air. Thus, it should be handled with proper precautions. EPA 
recommends that users follow all requirements and recommendations 
specified in the MSDS and other safety precautions for use of flammable 
blowing agents used in the foam blowing industry. Use of HFC-365mfc 
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 irritation of the lungs, skin or eyes or frostbite. 
At high concentrations, the substitute may also cause irregular 
heartbeat, unconsciousness, or death. The substitute could cause 
asphyxiation, if air is displaced by

[[Page 50133]]

vapors in a confined space. These potential health effects are common 
to many foam blowing agents.
    EPA anticipates that HFC-365mfc will be used consistent with the 
recommendations specified in the manufacturer's MSDSs. The manufacturer 
recommends a workplace exposure limit of 1000 ppm on an 8-hour time-
weighted average for HFC-365mfc. 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: HFC-365mfc is not ozone 
depleting in contrast to the ozone depleting substances which it 
replaces. (HCFC-141b has an ODP of 0.12 (WMO, 2006).) In its lack of 
risk for ozone depletion, HFC-365mfc is comparable to other non-ozone-
depleting substitutes for HCFC-141b, such as HFC-134a and HFC-245fa. 
HFC-365mfc's GWP is 794, comparable to or lower than that of other 
substitutes for HCFC-141b. For example, the GWP of HFC-134a is about 
1430 and the GWP of HFC-245fa is about 1030. Additionally, the GWP for 
HFC-365mfc is comparable to the GWP for the ozone-depleting substance 
it will replace. (The GWP of HCFC-141b is 725 (WMO, 2006)). 
Flammability risks can be addressed by procedures common in the 
industry. The toxicity risks are low, as discussed above. Thus, we find 
that HFC-365mfc 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.
4. Blends of HFC-365mfc and HFC-245fa
    EPA's decision: Blends of HFC-365mfc and HFC-245fa containing at 
least 5% HFC-245fa are acceptable as substitutes for HCFC-141b in:
     Rigid Polyurethane Spray, Commercial Refrigeration and 
Sandwich Panels

Additional information about HFC-365mfc is in the decision above in 
this section. HFC-245fa is also known as 1,1,1,3,3-pentafluoropropane 
(CAS Reg. No. 460-73-1). EPA previously found HFC-245fa acceptable as a 
foam blowing agent, as an aerosol solvent, and as a refrigerant (August 
21, 2003, 68 FR 50533; March 22, 2002, 76 FR 13272; June 19, 2000, 65 
FR 37900; March 29, 2006; 71 FR 15589). The submitter expects that 
users would use blends containing at least 5 percent HFC-245fa by 
weight with the remainder being HFC-365mfc, with blends typically 
containing 30 to 70 percent HFC-245fa and 70 to 30 percent HFC-365mfc. 
You may find the information on blends of HFC-365mfc and HFC-245fa 
under Docket item EPA-HQ-OAR-2003-0118-0227 at http://www.regulations.gov.
    Environmental information: For environmental information about HFC-
365mfc, see the decision above in this section. HFC-245fa has no ODP. 
HFC-245fa has a GWP of 1030 and an atmospheric lifetime of 7.6 years 
(IPCC, 2007). HFC-245fa is not a VOC as defined 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: HFC-365mfc is mildly flammable with a 
flashpoint below -27 [deg]C, while HFC-245fa is non-flammable. Blends 
of HFC-365mfc and HFC-245fa containing at least 5% HFC-245fa by weight 
will not be flammable. Blends 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 irritation of the lungs, skin or eyes or frostbite. 
At high concentrations, the substitute may also cause irregular 
heartbeat, unconsciousness, 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 blends of HFC-365mfc and HFC-245fa will be 
used consistent with the recommendations specified in the 
manufacturer's MSDSs. The manufacturer recommends a workplace exposure 
limit of 1000 ppm on an 8-hour time-weighted average for HFC-365mfc. 
The American Industrial Hygiene Association (AIHA) recommends a 
workplace environmental exposure limit (WEEL) of 300 ppm on an 8-hour 
time-weighted average for HFC-245fa. EPA anticipates that users will be 
able to meet the manufacturer's recommended workplace exposure limits 
and the AIHA WEEL 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: Blends of HFC-365mfc and 
HFC-245fa are not ozone depleting in contrast to the ozone depleting 
substances which they replace. (HCFC-141b has an ODP of 0.12 (WMO, 
2006).) In their lack of risk for ozone depletion, blends of HFC-365mfc 
and HFC-245fa are comparable to other non-ozone-depleting substitutes 
for HCFC-141b, such as HFC-134a and HFC-245fa alone. Blends of HFC-
365mfc and HFC-245fa will have average GWP ranging from 865 to 960, 
comparable to or lower than that of other substitutes for HCFC-141b. 
For example, the GWP of HFC-134a is about 1430 and the GWP of HFC-245fa 
alone is about 1030. The GWPs for blends of HFC-365mfc and HFC-245fa 
are comparable to the GWP for the ozone-depleting substance they will 
replace. (The GWP of HCFC-141b is 725 (WMO, 2006)). Flammability risks 
of the blend are low, as discussed above. The toxicity risks are low, 
as discussed above. Thus, we find that blends of HFC-365mfc and HFC-
245fa are acceptable because they do 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. Section 612 Statutory and Regulatory Background

    Section 612 of the Clean Air Act (CAA) requires 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:
1. Rulemaking
    Section 612(c) requires EPA to promulgate rules making it unlawful 
to replace any class I (e.g., chlorofluorocarbon, halon, carbon 
tetrachloride, methyl chloroform, methyl bromide, and 
hydrobromofluorocarbon) or class II (e.g., 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.
2. Listing of Unacceptable/Acceptable Substitutes
    Section 612(c) requires EPA to publish a list of the substitutes 
unacceptable for specific uses and to publish a corresponding list of 
acceptable alternatives for specific uses. The list of acceptable 
substitutes may be

[[Page 50134]]

found at http://www.epa.gov/ozone/snap/lists/index.html and the lists 
of unacceptable substitutes, substitutes acceptable subject to use 
conditions and substitutes acceptable subject to narrowed use limits 
may be found at 40 CFR part 82 subpart G.
3. 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 six months.
4. 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.
5. 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.
6. 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.
7. EPA's Regulations Implementing Section 612
    On March 18, 1994, EPA published the original rulemaking (59 FR 
13044) which established the process for administering the SNAP program 
and issued EPA's first lists identifying acceptable and unacceptable 
substitutes in the major industrial use sectors. 40 CFR part 82, 
subpart G. 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 ODS.
    For the purposes of SNAP, 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 in a sector that has historically used ODS. 
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.

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 the 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 11, 2009.
Jackie Krieger,
Acting Director, Office of Atmospheric Programs.

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


                                   Appendix A--Summary of Acceptable Decisions
----------------------------------------------------------------------------------------------------------------
              End-use                      Substitute                Decision             Further information
----------------------------------------------------------------------------------------------------------------
                                       Refrigeration and Air Conditioning
----------------------------------------------------------------------------------------------------------------
Retail food refrigeration (new)....  R-744 (CO2) as a        Acceptable.............  Observe recommendations in
                                      substitute for CFC-                              the equipment
                                      12, R-502, HCFC-22,                              manufacturers' guidance
                                      and blends containing                            manual and MSDSs and
                                      HCFC-22.                                         follow the guidelines of
                                                                                       ASHRAE 15.

[[Page 50135]]

 
Cold storage warehouses (new)......  R-744 (CO2) as a        Acceptable.............  Observe recommendations in
                                      substitute for CFC-                              the equipment
                                      12, R-502, HCFC-22,                              manufacturers' guidance
                                      and blends containing                            manual and MSDSs and
                                      HCFC-22.                                         follow the guidelines of
                                                                                       ASHRAE 15.
Non-mechanical heat transfer         C6-perfluoroketone as   Acceptable.............  Observe recommendations in
 (retrofit and new).                  a substitute for CFC-                            the equipment
                                      113.                                             manufacturer's guidance
                                                                                       and MSDS. The
                                                                                       manufacturer recommends
                                                                                       an acceptable exposure
                                                                                       limit of 150 ppm on an 8-
                                                                                       hr time-weighted average.
----------------------------------------------------------------------------------------------------------------
                                                  Foam Blowing
----------------------------------------------------------------------------------------------------------------
Rigid Polyurethane Appliance Foam..  HFO-1234ze as a         Acceptable.............  HFO-1234ze is non-
                                      substitute for CFCs                              flammable and has a 100-
                                      and HCFCs.                                       year global warming
                                                                                       potential of 6. Its CAS
                                                                                       Reg. No. is 29118-24-9.
                                                                                      EPA recommends a
                                                                                       preliminary acceptable
                                                                                       exposure limit of 375 ppm
                                                                                       on an 8-hr time-weighted
                                                                                       average. Use of HFO-
                                                                                       1234ze must be in accord
                                                                                       with EPA's final decision
                                                                                       under the Toxic
                                                                                       Substances Control Act
                                                                                       (TSCA).
                                     HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
                                      substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by the
                                                                                       Occupational Safety and
                                                                                       Health Administration
                                                                                       (OSHA) and the Department
                                                                                       of Transportation (DOT)
                                                                                       (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Rigid Polyurethane Commercial        HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
 Refrigeration and Sandwich Panels.   substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173).
Rigid Polyurethane Spray,            HFO-1234ze as a         Acceptable.............  HFO-1234ze is non-
 Commercial Refrigeration, and        substitute for CFCs                              flammable and has a 100-
 Sandwich Panels.                     and HCFCs.                                       year global warming
                                                                                       potential of 6. Its CAS
                                                                                       Reg. No. is 29118-24-9.
                                                                                      EPA recommends a
                                                                                       preliminary acceptable
                                                                                       exposure limit of 375 ppm
                                                                                       on an 8-hr time-weighted
                                                                                       average. Use of HFO-
                                                                                       1234ze must be in accord
                                                                                       with EPA's final decision
                                                                                       under TSCA.
                                     Blends of HFC-365mfc    Acceptable.............  Blends of HFC-365mfc and
                                      and HFC-245fa (at                                HFC-245fa containing at
                                      least 5% HFC-245fa by                            least 5% HFC-245fa by
                                      weight) as                                       weight are non-flammable.
                                      substitutes for HCFC-                            Typical blends contain 30
                                      141b.                                            to 70% HFC-245fa and 70
                                                                                       to 30% HFC-365mfc.
                                                                                       Observe recommendations
                                                                                       in the manufacturer's
                                                                                       MSDS and guidance for
                                                                                       using these blends.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Flexible Polyurethane..............  HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
                                      substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.

[[Page 50136]]

 
Integral Skin Polyurethane.........  HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
                                      substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Polystyrene Extruded Sheet.........  HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
                                      substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Polyolefin.........................  HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
                                      substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability.
                                                                                      Follow safe handling and
                                                                                       shipping as prescribed by
                                                                                       OSHA and DOT (for
                                                                                       example, using personal
                                                                                       safety equipment and
                                                                                       following requirements
                                                                                       for shipping hazardous
                                                                                       materials at 49 CFR parts
                                                                                       170 through 173). Its CAS
                                                                                       Reg. No. is 405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Rigid Polyurethane Slabstock and     HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
 Other.                               substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Polystyrene, Extruded Boardstock &   HFO-1234ze as a         Acceptable.............  HFO-1234ze is non-
 Billet.                              substitute for CFCs                              flammable and has a 100-
                                      and HCFCs.                                       year global warming
                                                                                       potential of 6. Its CAS
                                                                                       Reg. No. is 29118-24-9.
                                                                                      EPA recommends a
                                                                                       preliminary acceptable
                                                                                       exposure limit of 375 ppm
                                                                                       on an 8-hr time-weighted
                                                                                       average. Use of HFO-
                                                                                       1234ze must be in accord
                                                                                       with EPA's final decision
                                                                                       under TSCA.
                                     HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
                                      substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.

[[Page 50137]]

 
Rigid Polyurethane &                 HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
 Polyisocyanurate Laminated           substitute for HCFC-                             flammable and has a 100-
 Boardstock.                          141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
                                     Formacel[supreg] TI as  Acceptable.............  Observe recommendations in
                                      a substitute for HCFC-                           the manufacturer's MSDS
                                      22 and HCFC-142b.                                and guidance for using
                                                                                       these blends.
Phenolic Insulation Board &          HFC-365mfc as a         Acceptable.............  HFC-365mfc is mildly
 Bunstock.                            substitute for HCFC-                             flammable and has a 100-
                                      141b.                                            year global warming
                                                                                       potential of 794. Observe
                                                                                       recommendations in the
                                                                                       manufacturer's MSDS and
                                                                                       guidance for using this
                                                                                       compound, particularly to
                                                                                       address its potential
                                                                                       flammability. Follow safe
                                                                                       handling and shipping as
                                                                                       prescribed by OSHA and
                                                                                       DOT (for example, using
                                                                                       personal safety equipment
                                                                                       and following
                                                                                       requirements for shipping
                                                                                       hazardous materials at 49
                                                                                       CFR parts 170 through
                                                                                       173). Its CAS Reg. No. is
                                                                                       405-58-6.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-23470 Filed 9-29-09; 8:45 am]
BILLING CODE 6560-50-P