Protection of Stratospheric Ozone: Notice 22 for Significant New Alternatives Policy Program, 56628-56632 [E7-19545]
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Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations
required information to the U.S. Senate,
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the Comptroller General of the United
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 3, 2007. Filing a
petition for reconsideration by the
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PART 52—[AMENDED]
List of Subjects 40 CFR Part 52
Subpart S—Kentucky
Environmental protection, Air
pollution control, Electric utilities,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.920(c) Table 1 is amended
under Chapter 51 by adding in
numerical order the entries for ‘‘401
KAR 51.210,’’ ‘‘401 KAR 51.220,’’ and
‘‘401 KAR 51.230’’ to read as follows:
I
Dated: September 21, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
I
1. The authority citation for part 52
continues to read as follows:
I
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
TABLE 1.—EPA APPROVED KENTUCKY REGULATIONS
State citation
*
State effective date
Title/subject
*
Chapter 51
*
*
*
*
Attainment and Maintenance of the National Ambient Air Quality Standards
*
401 KAR 51.210 .........
*
*
*
CAIR NOX Annual Trading Program ................................
*
2/2/2007
401 KAR 51.220 .........
CAIR NOX Ozone Season Trading Program ...................
6/13/2007
401 KAR 51.230 .........
CAIR SO2 Trading Program .............................................
2/2/2007
*
*
*
[FR Doc. E7–19327 Filed 10–3–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–8477–7]
RIN 2060–AG12
Protection of Stratospheric Ozone:
Notice 22 for Significant New
Alternatives Policy Program
Environmental Protection
Agency (EPA).
ACTION: Determination of acceptability.
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AGENCY:
SUMMARY: This Determination of
Acceptability expands the list of
acceptable substitutes for ozonedepleting substances under the U.S.
Environmental Protection Agency’s
(EPA) Significant New Alternatives
Policy (SNAP) program. The
determinations concern new substitutes
for use in the refrigeration and air
conditioning sector.
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EPA approval date
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This action is effective on
October 4, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0118
(continuation of Air Docket A–91–42).
All electronic documents in the docket
are listed in the index at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Publicly available
docket materials are available either
electronically at www.regulations.gov or
in hard copy at the EPA Air Docket (No.
A–91–42), EPA/DC, EPA West, Room
3334, 1301 Constitution Avenue, NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Margaret Sheppard by telephone at
(202) 343–9163, by facsimile at (202)
DATES:
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10/4/2007 [Insert citation
of publication].
10/4/2007 [Insert citation
of publication].
10/4/2007 [Insert citation
of publication].
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Explanation
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343–2362, by e-mail at
sheppard.margaret@epa.gov, or by mail
at U.S. Environmental Protection
Agency, Mail Code 6205J, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Overnight or
courier deliveries should be sent to the
office location at 1310 L Street, NW.,
10th floor, Washington, DC 20005.
For more information on the Agency’s
process for administering the SNAP
program or criteria for evaluation of
substitutes, refer to the original SNAP
rulemaking published in the Federal
Register on March 18, 1994 (59 FR
13044). Notices and rulemakings under
the SNAP program, as well as other EPA
publications on protection of
stratospheric ozone, are available at
EPA’s Ozone Depletion World Wide
Web site at https://www.epa.gov/ozone/
including the SNAP portion at https://
www.epa.gov/ozone/snap/.
SUPPLEMENTARY INFORMATION:
I. Listing of New Acceptable Substitutes
A. Refrigeration and Air Conditioning
II. Section 612 Program
A. Statutory Requirements
B. Regulatory History
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Appendix A—Summary of Decisions for New
Acceptable Substitutes
I. Listing of New Acceptable Substitutes
This section presents EPA’s most
recent acceptable listing decisions for
substitutes in the refrigeration and air
conditioning sector. For copies of the
full list of ODS substitutes in all
industrial sectors, visit EPA’s Ozone
Depletion Web site at https://
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
https://www.regulations.gov.
A. Refrigeration and Air Conditioning
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1. RS–45
EPA’s decision:
RS–45[R–125/143a/134a/600a (63.2/
18.0/16.0/2.8)] is acceptable for use in
new and retrofit equipment as a
substitute for hydrochlorofluorocarbon
(HCFC)–22 in:
• Chillers (centrifugal, screw,
reciprocating).
• Industrial process refrigeration.
• Industrial process air conditioning.
• Retail food refrigeration.
• Cold storage warehouses.
• Refrigerated transport.
• Commercial ice machines.
• Ice skating rinks.
• Household refrigerators and
freezers.
• Water coolers.
• Residential dehumidifiers.
• Household and light commercial air
conditioning and heat pumps.
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RS–45 is a blend of 18.0% by weight
hydrofluorocarbon (HFC)–143a (1,1,1trifluoroethane, CAS ID #420–46–2),
63.2% by weight HFC–125
(pentafluoroethane, CAS ID #354–33–6),
16.0% by weight HFC–134a (1,1,1,2tetrafluoroethane, CAS ID #811–97–2,
and 2.8% by weight R–600a (isobutane,
2-methyl propane, CAS ID #75–28–5).
The American Society of Heating,
Refrigerating, and Air-Conditioning
Engineers (ASHRAE) has assigned this
blend the designation R–434A. You may
find the submission under Docket item
EPA–HQ–OAR–2003–0118–0162 at
www.regulations.gov.
Environmental information: The
ozone depletion potential (ODP) of R–
421A is zero. The global warming
potentials (GWPs) of HFC–143a, HFC–
125, HFC–134a, and isobutane are 3800,
3450, 1320, and less than 10,
respectively (relative to carbon dioxide,
using a 100-year time horizon (United
Nations Environment Programme
(UNEP) and World Meteorological
Organization (WMO) Scientific
Assessment of Ozone Depletion: 2002)).
The atmospheric lifetimes of these
constituents are 48.3, 29, and 14 years,
and less than one year, respectively.
The contribution of this blend to
greenhouse gas emissions will be
minimized through the implementation
of the venting prohibition under section
608 (c)(2) of the Clean Air Act (see 40
CFR part 82, subpart F). This section
and EPA’s implementing regulations
prohibit venting or release of substitutes
for class I or class II ODSs used in
refrigeration and air conditioning and
require proper handling, such as
recycling or recovery, and disposal of
these substances.
HFC–143a, HFC–125 and HFC–134a
are excluded from the definition of
volatile organic compound (VOC) under
Clean Air Act regulations (see 40 CFR
51.100(s)) addressing the development
of State implementation plans (SIPs) to
attain and maintain the national
ambient air quality standards. Isobutane
is a VOC under Clean Air Act
regulations.
Flammability information: While two
of the blend components, isobutane and
HFC–143a, are flammable, the blend as
formulated and under worst case
fractionated formulation scenarios is not
flammable.
Toxicity and exposure data: HFC–
143a has an 8 hour/day, 40 hour/week
recommended acceptable exposure limit
for the workplace from the manufacturer
of 1000 ppm. HFC–125 and HFC–134a
have 8 hour/day, 40 hour/week
workplace environmental exposure
limits (WEELs) of 1000 ppm established
by the American Industrial Hygiene
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Association (AIHA). Isobutane has an 8
hour/day, 40 hour/week threshold limit
value (TLV) established by the
American Conference of Governmental
Industrial Hygienists (ACGIH) of 1000
ppm. EPA recommends that users
follow all requirements and
recommendations specified in the
Material Safety Data Sheet (MSDS) for
the blend and the individual
components and other safety
precautions common in the refrigeration
and air conditioning industry. EPA also
recommends that users of RS–45 adhere
to the AIHA’s WEELs and the ACGIH’s
TLV.
Comparison to other refrigerants: RS–
45 is not an ozone depleter in contrast
to HCFC–22, the ozone-depleting
substance which it replaces. RS–45 is
comparable to other substitutes for
HCFC–22 in its lack of risk for ozone
depletion. RS–45 has a GWP of about
3200, comparable to or lower than that
of other substitutes for HCFC–22. For
example, the GWP of R–407C is about
1700, the GWP of R–410A is about 2000,
and the GWPs of R–404A and R–507 are
about 3900. Flammability and toxicity
risks are low, as discussed above. Thus,
we find that RS–45 is acceptable
because it does not pose a greater
overall risk to public health and the
environment than the other substitutes
acceptable in the end uses listed above.
2. KDD5
EPA’s decision:
KDD5 is acceptable for use in new and
retrofit equipment as a substitute for
HCFC–22 in:
• Chillers (centrifugal, screw,
reciprocating).
• Industrial process refrigeration.
• Industrial process air conditioning.
• Retail food refrigeration.
• Cold storage warehouses.
• Refrigerated transport.
• Commercial ice machines.
• Ice skating rinks.
• Household refrigerators and
freezers.
• Vending machines.
• Water coolers.
• Residential dehumidifiers.
• Household and light commercial air
conditioning and heat pumps.
• Motor vehicle air conditioning
(buses and passenger trains only).
• Non-mechanical heat transfer.
The submitter of KDD5 has claimed its
composition as confidential business
information. You may find the
submission under Docket item EPA–
HQ–OAR–2003–0118–0157 at
www.regulations.gov.
Environmental information: The ODP
of KDD5 is zero. The average 100-year
integrated GWP of this blend is in the
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range of the GWPs for R–407C and R–
410A. Some components of the blend
are VOCs under Clean Air Act
regulations addressing the development
of State implementation plans (SIPs) to
attain and maintain the national
ambient air quality standards. 40 CFR
51.100(s).
The contribution of this blend to
greenhouse gas emissions will be
minimized through the implementation
of the venting prohibition under section
608(c)(2) of the Clean Air Act (see 40
CFR part 82, subpart F). This section
and EPA’s implementing regulations
prohibit venting or release of substitutes
for class I or class II ODSs used in
refrigeration and air conditioning and
require proper handling, such as
recycling or recovery, and disposal of
these substances.
Flammability information: As
formulated and under worst-case
fractionated formulation scenarios, this
blend is not flammable.
Toxicity and exposure data: The
manufacturer’s recommended 8-hr TWA
workplace exposure limit for the blend
is 995 ppm. A number of components of
the blend have workplace exposure
limits of 1000 ppm set by the
manufacturer, the AIHA, or the ACGIH.
Comparison to other refrigerants:
KDD5 is not an ozone depleter; thus, it
poses a lower risk for ozone depletion
than the ODSs it replaces. KDD5 has
comparable or lower risk for ozone
depletion than other substitutes for
HCFC–22. KDD5 has a GWP comparable
to or lower than that of other substitutes
for HCFC–22. For example, the GWP of
R–407C is about 1700, the GWP of R–
410A is about 2000, and the GWPs of R–
404A and R–507 are about 3900.
Flammability and toxicity risks are low,
as discussed above. We find that KDD5
is acceptable because it does not pose a
greater overall risk to public health and
the environment than the other
substitutes acceptable in the end uses
listed above.
3. R–428A
EPA’s decisions:
R–428A is acceptable for use in new
and retrofit equipment as a substitute
for R–502, HCFC–22, and refrigerant
blends containing HCFC–22, including
R–402A, R–408A, R–403B, and R–411B
in:
• Retail food refrigeration.
• Cold storage warehouses.
• Refrigerated transport.
• Commercial ice machines.
• Household refrigerators and
freezers.
R–428A is acceptable for use in new
equipment as a substitute for R–403B in:
• Industrial process refrigeration.
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R–428A is acceptable for use in new
and retrofit equipment as a substitute
for R–502 and HCFC–22 in:
• Ice skating rinks.
R–428A is a blend of 77.5% by weight
HFC–125 (pentafluoroethane, CAS ID
#354–33–6), 20.0% by weight HFC–143a
(1,1,1,-trifluoroethane, CAS ID #420–
46–2), 0.6% by weight R–290 (propane,
CAS ID #74–98–6), and 1.9% by weight
R–600a (isobutane, 2-methyl propane,
CAS ID #75–28–5). A common trade
name for this refrigerant is RS–52. You
may find the submission under Docket
item EPA–HQ–OAR–2003–0118–0155 at
www.regulations.gov.
Environmental information: The ODP
of R–428A is zero. For environmental
information on HFC–125, HFC–143a
and isobutane, see the section on
environmental information above for
RS–45. The 100-year integrated GWP of
propane is generally considered to be
less than 10, relative to CO2. The
atmospheric lifetime of propane is less
than one year.
The contribution of this blend to
greenhouse gas emissions will be
minimized through the implementation
of the venting prohibition under section
608(c)(2) of the Clean Air Act (see 40
CFR part 82, subpart F). This section
and EPA’s implementing regulations
prohibit venting or release of substitutes
for class I or class II ODSs used in
refrigeration and air conditioning and
require proper handling, such as
recycling or recovery, and disposal of
these substances.
Isobutane and propane are VOCs
under Clean Air Act regulations
concerning the development of SIPs to
attain and maintain the national
ambient air quality standards. HFC–125
and HFC–143a are exempt from the
definition of VOC under these
regulations. 40 CFR 51.100(s).
Flammability information: While
three components of the blend, HFC–
143a, isobutane and propane, are
flammable, the blend as formulated and
under worst-case fractionated
formulation scenarios, is not flammable.
Toxicity and exposure data: For
information on the workplace exposure
limits for HFC–125 and HFC–143a, see
the section on toxicity and exposure
data above for RS–45. Isobutane has an
8 hour/day, 40 hour/week threshold
limit value (TLV) established by the
American Conference of Governmental
Industrial Hygienists (ACGIH) of 1000
ppm. Propane has an 8 hour/day, 40
hour/week TLV of 800 ppm established
by the ACGIH. EPA recommends that
users follow all requirements and
recommendations specified in the
MSDS for the blend and the individual
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components and other safety
precautions common in the refrigeration
and air conditioning industry. EPA also
recommends that users of R–428A
adhere to the ACGIH’s TLVs.
Comparison to other refrigerants: R–
428A is not an ozone depleter in
contrast to the ozone depleting
substances which it replaces. R–428A
has comparable or lower risk for ozone
depletion than other substitutes for R–
502. R–428A has a GWP of about 3500,
comparable to or lower than that of
other substitutes for HCFC–22 and R–
502. For example, the GWP of R–407C
is about 1700, the GWP of R–410A is
about 2000, and the GWPs of R–404A
and R–507 are about 3900. The
flammability and toxicity risks are low,
as discussed above. Thus, we find that
R–428A is acceptable because it does
not pose a greater overall risk to public
health and the environment than the
other substitutes acceptable in the end
uses listed above.
II. Section 612 Program
A. Statutory Requirements
Section 612 of the Clean Air Act
authorizes EPA to develop a program for
evaluating alternatives to ozonedepleting substances. We refer to this
program as the Significant New
Alternatives Policy (SNAP) program.
The major provisions of section 612 are:
• Rulemaking—Section 612(c)
requires EPA to promulgate rules
making it unlawful to replace any class
I (chlorofluorocarbon, halon, carbon
tetrachloride, methyl chloroform, and
hydrobromofluorocarbon) or class II
(hydrochlorofluorocarbon) substance
with any substitute that the
Administrator determines may present
adverse effects to human health or the
environment where the Administrator
has identified an alternative that (1)
reduces the overall risk to human health
and the environment, and (2) is
currently or potentially available.
• Listing of Unacceptable/Acceptable
Substitutes—Section 612(c) also
requires EPA to publish a list of the
substitutes unacceptable for specific
uses. We must publish a corresponding
list of acceptable alternatives for
specific uses.
• Petition Process—Section 612(d)
grants the right to any person to petition
EPA to add a substance to or delete a
substance from the lists published in
accordance with section 612(c). The
Agency has 90 days to grant or deny a
petition. Where the Agency grants the
petition, it must publish the revised lists
within an additional six months.
• 90-day Notification—Section 612(e)
directs EPA to require any person who
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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 ozonedepleting 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 noticeand-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,
56631
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 https://
www.epa.gov/ozone/snap/chron.html.
This information is also available from
the Air Docket (see ADDRESSES section
above for contact information).
List of Subjects in 40 CFR Part 82
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping requirements.
Dated: September 7, 2007.
Edward Callahan,
Acting Director, Office of Atmospheric
Programs.
Appendix A: Summary of Acceptable
Decisions
REFRIGERATION AND AIR CONDITIONING
End-use
Substitute
Centrifugal chillers (retrofit and new) ........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
R–428A as a substitute for R–403B .........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
R–428A as a substitute for R–502, HCFC–22 and
refrigerant blends containing HCFC–22, including
R–402A, R–403B, R–408A, and R–411B.
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
R–428A as a substitute for R–502, HCFC–22 and
refrigerant blends containing HCFC–22, including
R–402A, R–403B, R–408A, and R–411B.
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
R–428A as a substitute for R–502, HCFC–22 and
refrigerant blends containing HCFC–22, including
R–402A, R–403B, R–408A, and R–411B.
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
Screw chillers (retrofit and new) ................................
Reciprocating chillers (retrofit and new) ....................
Industrial process refrigeration (retrofit and new) .....
Industrial process refrigeration (new only) ................
Industrial process air conditioning (retrofit and new)
Retail food refrigeration (retrofit and new) ................
Cold storage warehouses (retrofit and new) .............
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Refrigerated transport (retrofit and new) ...................
Commercial ice machines (retrofit and new) .............
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Decision
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
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Further
information
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Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations
REFRIGERATION AND AIR CONDITIONING—Continued
End-use
Substitute
KDD5 as a substitute for HCFC–22 ..........................
R–428A as a substitute for R–502, HCFC–22 and
refrigerant blends containing HCFC–22, including
R–402A, R–403B, R–408A, and R–411B.
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
RS–45 as a substitute for HCFC–22 ........................
Acceptable.
Acceptable.
KDD5 as a substitute for HCFC–22 ..........................
KDD5 as a substitute for HCFC–22 ..........................
Acceptable.
Acceptable.
KDD5 as a substitute for HCFC–22 ..........................
Acceptable.
Vending machines (retrofit and new) ........................
Water coolers (retrofit and new) ................................
Residential dehumidifiers (retrofit and new) ..............
Household and light commercial air conditioning and
heat pumps (retrofit and new).
Motor vehicle air conditioning for buses and passenger trains.
Non-mechanical heat transfer ...................................
[FR Doc. E7–19545 Filed 10–3–07; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
Spencer Turnbull, Office of Counsel to
the Inspector General, (202) 619–0335.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
I. Background
Overview—Establishing New Safe
Harbor for Arrangements Involving
Federally Qualified Health Centers
Office of the Secretary
Office of Inspector General
42 CFR Part 1001
Medicare and State Health Care
Programs: Fraud and Abuse; Safe
Harbor for Federally Qualified Health
Centers Arrangements Under the AntiKickback Statute
Office of Inspector General
(OIG), HHS.
ACTION: Final rule.
AGENCY:
pwalker on PROD1PC71 with RULES
Further
information
Acceptable.
Ice skating rinks (retrofit and new) ............................
R–428A as a substitute for R–502, HCFC–22 and
refrigerant blends containing HCFC–22, including
R–402A, R–403B, R–408A, and R–411B.
RS–45 as a substitute for HCFC–22 ........................
KDD5 as a substitute for HCFC–22 ..........................
R–428A as a substitute for R–502 and HCFC–22 ...
RS–45 as a substitute for HCFC–22 ........................
Household refrigerators and freezers (retrofit and
new).
SUMMARY: In accordance with section
431 of the Medicare Prescription Drug,
Improvement, and Modernization Act of
2003 (MMA), this final rule sets forth a
safe harbor under the anti-kickback
statute to protect certain arrangements
involving goods, items, services,
donations, and loans provided by
individuals and entities to certain
health centers funded under section 330
of the Public Health Service Act. The
goods, items, services, donations, or
loans must contribute to the health
center’s ability to maintain or increase
the availability, or enhance the quality,
of services available to a medically
underserved population.
DATES: Effective Date: These regulations
are effective on December 3, 2007.
VerDate Aug<31>2005
16:13 Oct 03, 2007
Jkt 214001
This final regulation establishes safe
harbor protection under the antikickback statute for certain
arrangements involving Federally
qualified health centers. Section I of this
preamble contains a brief background
discussion addressing the anti-kickback
statute and safe harbors; a discussion of
section 330-funded health centers; a
summary of the relevant MMA
provisions; a summary of the proposed
safe harbor; and a summary of the final
safe harbor. Section II of this preamble
sets forth a summary of the public
comments and our responses to those
comments.
A. The Anti-Kickback Statute and Safe
Harbors
The anti-kickback statute provides
criminal penalties for individuals or
entities that knowingly and willfully
offer, pay, solicit, or receive
remuneration in order to induce or
reward the referral of business
reimbursable under any of the Federal
health care programs, as defined in
section 1128B(f) of the Act. The offense
is classified as a felony and is
punishable by fines of up to $25,000
and imprisonment for up to five years.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Decision
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Acceptable.
Violations of the anti-kickback statute
may also result in the imposition of civil
money penalties (CMPs) under section
1128A(a)(7) of the Act (42 U.S.C. 1320a–
7a(a)(7)), program exclusion under
section 1128(b)(7) of the Act (42 U.S.C.
1320a–7(b)(7)), and liability under the
False Claims Act, (31 U.S.C. 3729–33).
The types of remuneration prohibited
specifically include, without limitation,
kickbacks, bribes, and rebates, whether
made directly or indirectly, overtly or
covertly, in cash or in kind. Prohibited
conduct includes not only the payment
of remuneration intended to induce or
reward referrals of patients, but also the
payment of remuneration intended to
induce or reward the purchasing,
leasing, or ordering of, or arranging for
or recommending the purchasing,
leasing, or ordering of, any good,
facility, service, or item reimbursable by
any Federal health care program.
Because of the broad reach of the
statute, concern was expressed that
some relatively innocuous commercial
arrangements were covered by the
statute and, therefore, potentially
subject to criminal prosecution. In
response, Congress enacted section 14 of
the Medicare and Medicaid Patient and
Program Protection Act of 1987, Public
Law 100–93 (section 1128B(b)(3)(E) of
the Act), which specifically required the
development and promulgation of
regulations, the so-called ‘‘safe harbor’’
provisions, which would specify
various payment and business practices
that would not be treated as criminal
offenses under the anti-kickback statute,
even though they may potentially be
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Rules and Regulations]
[Pages 56628-56632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19545]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2003-0118; FRL-8477-7]
RIN 2060-AG12
Protection of Stratospheric Ozone: Notice 22 for Significant New
Alternatives Policy Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Determination of acceptability.
-----------------------------------------------------------------------
SUMMARY: This Determination of Acceptability expands the list of
acceptable substitutes for ozone-depleting substances under the U.S.
Environmental Protection Agency's (EPA) Significant New Alternatives
Policy (SNAP) program. The determinations concern new substitutes for
use in the refrigeration and air conditioning sector.
DATES: This action is effective on October 4, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0118 (continuation of Air Docket A-91-42). All
electronic documents in the docket are listed in the index at https://
www.regulations.gov. Although listed in the index, some information is
not publicly available, i.e., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Publicly available docket materials are available either electronically
at www.regulations.gov or in hard copy at the EPA Air Docket (No. A-91-
42), EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Margaret Sheppard by telephone at
(202) 343-9163, by facsimile at (202) 343-2362, by e-mail at
sheppard.margaret@epa.gov, or by mail at U.S. Environmental Protection
Agency, Mail Code 6205J, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Overnight or courier deliveries should be sent to the office
location at 1310 L Street, NW., 10th floor, Washington, DC 20005.
For more information on the Agency's process for administering the
SNAP program or criteria for evaluation of substitutes, refer to the
original SNAP rulemaking published in the Federal Register on March 18,
1994 (59 FR 13044). Notices and rulemakings under the SNAP program, as
well as other EPA publications on protection of stratospheric ozone,
are available at EPA's Ozone Depletion World Wide Web site at https://
www.epa.gov/ozone/ including the SNAP portion at https://www.epa.gov/
ozone/snap/.
SUPPLEMENTARY INFORMATION:
I. Listing of New Acceptable Substitutes
A. Refrigeration and Air Conditioning
II. Section 612 Program
A. Statutory Requirements
B. Regulatory History
[[Page 56629]]
Appendix A--Summary of Decisions for New Acceptable Substitutes
I. Listing of New Acceptable Substitutes
This section presents EPA's most recent acceptable listing
decisions for substitutes in the refrigeration and air conditioning
sector. For copies of the full list of ODS substitutes in all
industrial sectors, visit EPA's Ozone Depletion Web site at https://
www.epa.gov/ozone/snap/lists/.
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 https://
www.regulations.gov.
A. Refrigeration and Air Conditioning
1. RS-45
EPA's decision:
RS-45[R-125/143a/134a/600a (63.2/18.0/16.0/2.8)] is acceptable for
use in new and retrofit equipment as a substitute for
hydrochlorofluorocarbon (HCFC)-22 in:
Chillers (centrifugal, screw, reciprocating).
Industrial process refrigeration.
Industrial process air conditioning.
Retail food refrigeration.
Cold storage warehouses.
Refrigerated transport.
Commercial ice machines.
Ice skating rinks.
Household refrigerators and freezers.
Water coolers.
Residential dehumidifiers.
Household and light commercial air conditioning and heat
pumps.
RS-45 is a blend of 18.0% by weight hydrofluorocarbon (HFC)-143a
(1,1,1-trifluoroethane, CAS ID 420-46-2), 63.2% by weight HFC-
125 (pentafluoroethane, CAS ID 354-33-6), 16.0% by weight HFC-
134a (1,1,1,2-tetrafluoroethane, CAS ID 811-97-2, and 2.8% by
weight R-600a (isobutane, 2-methyl propane, CAS ID 75-28-5).
The American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) has assigned this blend the designation R-434A. You
may find the submission under Docket item EPA-HQ-OAR-2003-0118-0162 at
www.regulations.gov.
Environmental information: The ozone depletion potential (ODP) of
R-421A is zero. The global warming potentials (GWPs) of HFC-143a, HFC-
125, HFC-134a, and isobutane are 3800, 3450, 1320, and less than 10,
respectively (relative to carbon dioxide, using a 100-year time horizon
(United Nations Environment Programme (UNEP) and World Meteorological
Organization (WMO) Scientific Assessment of Ozone Depletion: 2002)).
The atmospheric lifetimes of these constituents are 48.3, 29, and 14
years, and less than one year, respectively.
The contribution of this blend to greenhouse gas emissions will be
minimized through the implementation of the venting prohibition under
section 608 (c)(2) of the Clean Air Act (see 40 CFR part 82, subpart
F). This section and EPA's implementing regulations prohibit venting or
release of substitutes for class I or class II ODSs used in
refrigeration and air conditioning and require proper handling, such as
recycling or recovery, and disposal of these substances.
HFC-143a, HFC-125 and HFC-134a are excluded from the definition of
volatile organic compound (VOC) under Clean Air Act regulations (see 40
CFR 51.100(s)) addressing the development of State implementation plans
(SIPs) to attain and maintain the national ambient air quality
standards. Isobutane is a VOC under Clean Air Act regulations.
Flammability information: While two of the blend components,
isobutane and HFC-143a, are flammable, the blend as formulated and
under worst case fractionated formulation scenarios is not flammable.
Toxicity and exposure data: HFC-143a has an 8 hour/day, 40 hour/
week recommended acceptable exposure limit for the workplace from the
manufacturer of 1000 ppm. HFC-125 and HFC-134a have 8 hour/day, 40
hour/week workplace environmental exposure limits (WEELs) of 1000 ppm
established by the American Industrial Hygiene Association (AIHA).
Isobutane has an 8 hour/day, 40 hour/week threshold limit value (TLV)
established by the American Conference of Governmental Industrial
Hygienists (ACGIH) of 1000 ppm. EPA recommends that users follow all
requirements and recommendations specified in the Material Safety Data
Sheet (MSDS) for the blend and the individual components and other
safety precautions common in the refrigeration and air conditioning
industry. EPA also recommends that users of RS-45 adhere to the AIHA's
WEELs and the ACGIH's TLV.
Comparison to other refrigerants: RS-45 is not an ozone depleter in
contrast to HCFC-22, the ozone-depleting substance which it replaces.
RS-45 is comparable to other substitutes for HCFC-22 in its lack of
risk for ozone depletion. RS-45 has a GWP of about 3200, comparable to
or lower than that of other substitutes for HCFC-22. For example, the
GWP of R-407C is about 1700, the GWP of R-410A is about 2000, and the
GWPs of R-404A and R-507 are about 3900. Flammability and toxicity
risks are low, as discussed above. Thus, we find that RS-45 is
acceptable because it does not pose a greater overall risk to public
health and the environment than the other substitutes acceptable in the
end uses listed above.
2. KDD5
EPA's decision:
KDD5 is acceptable for use in new and retrofit equipment as a
substitute for HCFC-22 in:
Chillers (centrifugal, screw, reciprocating).
Industrial process refrigeration.
Industrial process air conditioning.
Retail food refrigeration.
Cold storage warehouses.
Refrigerated transport.
Commercial ice machines.
Ice skating rinks.
Household refrigerators and freezers.
Vending machines.
Water coolers.
Residential dehumidifiers.
Household and light commercial air conditioning and heat
pumps.
Motor vehicle air conditioning (buses and passenger trains
only).
Non-mechanical heat transfer.
The submitter of KDD5 has claimed its composition as confidential
business information. You may find the submission under Docket item
EPA-HQ-OAR-2003-0118-0157 at www.regulations.gov.
Environmental information: The ODP of KDD5 is zero. The average
100-year integrated GWP of this blend is in the
[[Page 56630]]
range of the GWPs for R-407C and R-410A. Some components of the blend
are VOCs under Clean Air Act regulations addressing the development of
State implementation plans (SIPs) to attain and maintain the national
ambient air quality standards. 40 CFR 51.100(s).
The contribution of this blend to greenhouse gas emissions will be
minimized through the implementation of the venting prohibition under
section 608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F).
This section and EPA's implementing regulations prohibit venting or
release of substitutes for class I or class II ODSs used in
refrigeration and air conditioning and require proper handling, such as
recycling or recovery, and disposal of these substances.
Flammability information: As formulated and under worst-case
fractionated formulation scenarios, this blend is not flammable.
Toxicity and exposure data: The manufacturer's recommended 8-hr TWA
workplace exposure limit for the blend is 995 ppm. A number of
components of the blend have workplace exposure limits of 1000 ppm set
by the manufacturer, the AIHA, or the ACGIH.
Comparison to other refrigerants: KDD5 is not an ozone depleter;
thus, it poses a lower risk for ozone depletion than the ODSs it
replaces. KDD5 has comparable or lower risk for ozone depletion than
other substitutes for HCFC-22. KDD5 has a GWP comparable to or lower
than that of other substitutes for HCFC-22. For example, the GWP of R-
407C is about 1700, the GWP of R-410A is about 2000, and the GWPs of R-
404A and R-507 are about 3900. Flammability and toxicity risks are low,
as discussed above. We find that KDD5 is acceptable because it does not
pose a greater overall risk to public health and the environment than
the other substitutes acceptable in the end uses listed above.
3. R-428A
EPA's decisions:
R-428A is acceptable for use in new and retrofit equipment as a
substitute for R-502, HCFC-22, and refrigerant blends containing HCFC-
22, including R-402A, R-408A, R-403B, and R-411B in:
Retail food refrigeration.
Cold storage warehouses.
Refrigerated transport.
Commercial ice machines.
Household refrigerators and freezers.
R-428A is acceptable for use in new equipment as a substitute for
R-403B in:
Industrial process refrigeration.
R-428A is acceptable for use in new and retrofit equipment as a
substitute for R-502 and HCFC-22 in:
Ice skating rinks.
R-428A is a blend of 77.5% by weight HFC-125 (pentafluoroethane, CAS ID
354-33-6), 20.0% by weight HFC-143a (1,1,1,-trifluoroethane,
CAS ID 420-46-2), 0.6% by weight R-290 (propane, CAS ID
74-98-6), and 1.9% by weight R-600a (isobutane, 2-methyl
propane, CAS ID 75-28-5). A common trade name for this
refrigerant is RS-52. You may find the submission under Docket item
EPA-HQ-OAR-2003-0118-0155 at www.regulations.gov.
Environmental information: The ODP of R-428A is zero. For
environmental information on HFC-125, HFC-143a and isobutane, see the
section on environmental information above for RS-45. The 100-year
integrated GWP of propane is generally considered to be less than 10,
relative to CO2. The atmospheric lifetime of propane is less
than one year.
The contribution of this blend to greenhouse gas emissions will be
minimized through the implementation of the venting prohibition under
section 608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F).
This section and EPA's implementing regulations prohibit venting or
release of substitutes for class I or class II ODSs used in
refrigeration and air conditioning and require proper handling, such as
recycling or recovery, and disposal of these substances.
Isobutane and propane are VOCs under Clean Air Act regulations
concerning the development of SIPs to attain and maintain the national
ambient air quality standards. HFC-125 and HFC-143a are exempt from the
definition of VOC under these regulations. 40 CFR 51.100(s).
Flammability information: While three components of the blend, HFC-
143a, isobutane and propane, are flammable, the blend as formulated and
under worst-case fractionated formulation scenarios, is not flammable.
Toxicity and exposure data: For information on the workplace
exposure limits for HFC-125 and HFC-143a, see the section on toxicity
and exposure data above for RS-45. Isobutane has an 8 hour/day, 40
hour/week threshold limit value (TLV) established by the American
Conference of Governmental Industrial Hygienists (ACGIH) of 1000 ppm.
Propane has an 8 hour/day, 40 hour/week TLV of 800 ppm established by
the ACGIH. EPA recommends that users follow all requirements and
recommendations specified in the MSDS for the blend and the individual
components and other safety precautions common in the refrigeration and
air conditioning industry. EPA also recommends that users of R-428A
adhere to the ACGIH's TLVs.
Comparison to other refrigerants: R-428A is not an ozone depleter
in contrast to the ozone depleting substances which it replaces. R-428A
has comparable or lower risk for ozone depletion than other substitutes
for R-502. R-428A has a GWP of about 3500, comparable to or lower than
that of other substitutes for HCFC-22 and R-502. For example, the GWP
of R-407C is about 1700, the GWP of R-410A is about 2000, and the GWPs
of R-404A and R-507 are about 3900. The flammability and toxicity risks
are low, as discussed above. Thus, we find that R-428A is acceptable
because it does not pose a greater overall risk to public health and
the environment than the other substitutes acceptable in the end uses
listed above.
II. Section 612 Program
A. Statutory Requirements
Section 612 of the Clean Air Act authorizes EPA to develop a
program for evaluating alternatives to ozone-depleting substances. We
refer to this program as the Significant New Alternatives Policy (SNAP)
program. The major provisions of section 612 are:
Rulemaking--Section 612(c) requires EPA to promulgate
rules making it unlawful to replace any class I (chlorofluorocarbon,
halon, carbon tetrachloride, methyl chloroform, and
hydrobromofluorocarbon) or class II (hydrochlorofluorocarbon) substance
with any substitute that the Administrator determines may present
adverse effects to human health or the environment where the
Administrator has identified an alternative that (1) reduces the
overall risk to human health and the environment, and (2) is currently
or potentially available.
Listing of Unacceptable/Acceptable Substitutes--Section
612(c) also requires EPA to publish a list of the substitutes
unacceptable for specific uses. We must publish a corresponding list of
acceptable alternatives for specific uses.
Petition Process--Section 612(d) grants the right to any
person to petition EPA to add a substance to or delete a substance from
the lists published in accordance with section 612(c). The Agency has
90 days to grant or deny a petition. Where the Agency grants the
petition, it must publish the revised lists within an additional six
months.
90-day Notification--Section 612(e) directs EPA to require
any person who
[[Page 56631]]
produces a chemical substitute for a class I substance to notify the
Agency not less than 90 days before new or existing chemicals are
introduced into interstate commerce for significant new uses as
substitutes for a class I substance. The producer must also provide the
Agency with the producer's unpublished health and safety studies on
such substitutes.
Outreach--Section 612(b)(1) states that the Administrator
shall seek to maximize the use of federal research facilities and
resources to assist users of class I and II substances in identifying
and developing alternatives to the use of such substances in key
commercial applications.
Clearinghouse--Section 612(b)(4) requires the Agency to
set up a public clearinghouse of alternative chemicals, product
substitutes, and alternative manufacturing processes that are available
for products and manufacturing processes which use class I and II
substances.
B. Regulatory History
On March 18, 1994, EPA published the final rulemaking (59 FR 13044)
that described the process for administering the SNAP program and
issued our first acceptability lists for substitutes in the major
industrial use sectors. These sectors include:
Refrigeration and air conditioning;
Foam blowing;
Solvents cleaning;
Fire suppression and explosion protection;
Sterilants;
Aerosols;
Adhesives, coatings and inks; and
Tobacco expansion.
These sectors comprise the principal industrial sectors that
historically consumed the largest volumes of ozone-depleting compounds.
As described in this original rule for the SNAP program, EPA does
not believe that rulemaking procedures are required to list
alternatives as acceptable with no limitations. Such listings do not
impose any sanction, nor do they remove any prior license to use a
substance. Therefore, by this notice we are adding substances to the
list of acceptable alternatives without first requesting comment on new
listings.
However, we do believe that notice-and-comment rulemaking is
required to place any substance on the list of prohibited substitutes,
to list a substance as acceptable only under certain conditions, to
list substances as acceptable only for certain uses, or to remove a
substance from the lists of prohibited or acceptable substitutes. We
publish updates to these lists as separate notices of rulemaking in the
Federal Register.
The Agency defines a ``substitute'' as any chemical, product
substitute, or alternative manufacturing process, whether existing or
new, intended for use as a replacement for a class I or class II
substance. Anyone who plans to market or produces a substitute for an
ODS in one of the eight major industrial use sectors must provide EPA
with health and safety studies on the substitute at least 90 days
before introducing it into interstate commerce for significant new use
as an alternative. This requirement applies to substitute
manufacturers, but may include importers, formulators, or end-users,
when they are responsible for introducing a substitute into commerce.
You can find a complete chronology of SNAP decisions and the
appropriate Federal Register citations from the SNAP section of EPA's
Ozone Depletion World Wide Web site at https://www.epa.gov/ozone/snap/
chron.html. This information is also available from the Air Docket (see
ADDRESSES section above for contact information).
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: September 7, 2007.
Edward Callahan,
Acting Director, Office of Atmospheric Programs.
Appendix A: Summary of Acceptable Decisions
Refrigeration and Air Conditioning
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Further information
----------------------------------------------------------------------------------------------------------------
Centrifugal chillers (retrofit and RS-45 as a substitute Acceptable................
new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Screw chillers (retrofit and new). RS-45 as a substitute Acceptable................
for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Reciprocating chillers (retrofit RS-45 as a substitute Acceptable................
and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Industrial process refrigeration RS-45 as a substitute Acceptable................
(retrofit and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Industrial process refrigeration R-428A as a Acceptable................
(new only). substitute for R-
403B.
Industrial process air RS-45 as a substitute Acceptable................
conditioning (retrofit and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Retail food refrigeration RS-45 as a substitute Acceptable................
(retrofit and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
R-428A as a Acceptable................
substitute for R-
502, HCFC-22 and
refrigerant blends
containing HCFC-22,
including R-402A, R-
403B, R-408A, and R-
411B.
Cold storage warehouses (retrofit RS-45 as a substitute Acceptable................
and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
R-428A as a Acceptable................
substitute for R-
502, HCFC-22 and
refrigerant blends
containing HCFC-22,
including R-402A, R-
403B, R-408A, and R-
411B.
Refrigerated transport (retrofit RS-45 as a substitute Acceptable................
and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
R-428A as a Acceptable................
substitute for R-
502, HCFC-22 and
refrigerant blends
containing HCFC-22,
including R-402A, R-
403B, R-408A, and R-
411B.
Commercial ice machines (retrofit RS-45 as a substitute Acceptable................
and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
[[Page 56632]]
R-428A as a Acceptable................
substitute for R-
502, HCFC-22 and
refrigerant blends
containing HCFC-22,
including R-402A, R-
403B, R-408A, and R-
411B.
Ice skating rinks (retrofit and RS-45 as a substitute Acceptable................
new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
R-428A as a Acceptable................
substitute for R-502
and HCFC-22.
Household refrigerators and RS-45 as a substitute Acceptable................
freezers (retrofit and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
R-428A as a Acceptable................
substitute for R-
502, HCFC-22 and
refrigerant blends
containing HCFC-22,
including R-402A, R-
403B, R-408A, and R-
411B.
Vending machines (retrofit and KDD5 as a substitute Acceptable................
new). for HCFC-22.
Water coolers (retrofit and new).. RS-45 as a substitute Acceptable................
for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Residential dehumidifiers RS-45 as a substitute Acceptable................
(retrofit and new). for HCFC-22.
KDD5 as a substitute Acceptable................
for HCFC-22.
Household and light commercial air RS-45 as a substitute Acceptable................
conditioning and heat pumps for HCFC-22.
(retrofit and new).
KDD5 as a substitute Acceptable................
for HCFC-22.
Motor vehicle air conditioning for KDD5 as a substitute Acceptable................
buses and passenger trains. for HCFC-22.
Non-mechanical heat transfer...... KDD5 as a substitute Acceptable................
for HCFC-22.
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[FR Doc. E7-19545 Filed 10-3-07; 8:45 am]
BILLING CODE 6560-50-P
