Protection of Stratospheric Ozone: Notice 24 for Significant New Alternatives Policy Program, 50129-50137 [E9-23470]
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
50129
NEW HAMPSHIRE NONREGULATORY—Continued
Name of nonregulatory SIP
provision
Applicable geographic or nonattainment area
State submittal
date/effective
date
Letter from the New Hampshire Department of Environmental Services dated
July 10, 1996 submitting a
revision to the NH SIP.
Letter from the New Hampshire Air Resources Division dated July 17, 1998
submitting Final RACT
Order 98–001 as a revision
to the NH SIP.
Letter from the New Hampshire Department of Environmental Services dated
August 16, 1999 submitting
the Low Emission Vehicle
program as a revision to
the NH SIP.
Letter from the New Hampshire Air Resources Division dated July 29, 1993
submitting a revision to the
New Hampshire State Implementation Plan.
Letter from the New Hampshire Air Resources Division dated July 2, 1999
submitting a revision to the
New Hampshire State Implementation Plan.
Letter from the New Hampshire Department of Environmental Services dated
September 11, 1998 stating
a negative declaration for
the aerospace coating operations Control Techniques
Guideline category.
Letter from the DES, dated
April 15, 2002, submitting
revised Anheuser-Busch
order to EPA as a SIP revision and withdrawing previous submittal for this facility dated June 20, 2000.
Letter from the DES, dated
March 22, 2002, containing
information on New Filcas
of America.
Statewide ...............................
7/10/1996
8/16/1999, 64 FR 44417 ........
See 52.1535(c)(63).
Statewide ...............................
7/17/1998
11/14/2000, 65 FR 68078 ......
See 52.1535(c)(64).
Statewide ...............................
8/16/1999
3/9/2000, 65 FR 12476 ..........
See 52.1535(c)(65).
Statewide ...............................
7/29/1993
7/27/2001, 66 FR 39100 ........
See 52.1535(c)(66).
Statewide ...............................
7/2/1999
7/27/2001, 66 FR 39100 ........
See 52.1535(c)(66).
Statewide ...............................
9/11/1998
7/10/2000, 65 FR 42290 ........
See 52.1535(c)(67).
Merrimack, NH .......................
4/15/2002
7/23/2002, 67 FR 48033 ........
See 52.1535(c)(68).
Nashua, NH ...........................
3/22/2002
7/23/2002, 67 FR 48033 ........
See 52.1535(c)(68).
EPA approved date 3
Explanations
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the FEDERAL REGISTER notice cited in this column for the particular provision.
[FR Doc. E9–23472 Filed 9–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–8959–2]
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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 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 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
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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 https://
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 https://www.epa.gov/ozone/
including the SNAP portion at https://
www.epa.gov/ozone/snap/.
SUPPLEMENTARY INFORMATION:
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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 https://
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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
https://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 https://
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).
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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 15minute 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
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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 https://www.regulations.gov.
Environmental information: C6perfluoroketone has no ODP. C6perfluoroketone 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: C6perfluoroketone 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 C6perfluoroketone will be used consistent
with the recommendations specified in
the manufacturer’s MSDSs. The
manufacturer recommends a workplace
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exposure limit of 150 ppm over an 8hour time-weighted average for C6perfluoroketone. 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: C6perfluoroketone 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).) C6perfluoroketone’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 C6perfluoroketone 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® MO99)
DuPont Fluoroproducts has notified
EPA that it is using the name
DuPontTMISCEON® 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 nonflammable and has ASHRAE safety
classification A1.
B. Foam Blowing
1. Formacel® TI
EPA’s decision: Formacel® TI is
acceptable as a substitute for HCFC–22
and HCFC–142b in:
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• 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® 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 https://www.regulations.gov.
Environmental information:
Formacel® TI has no ODP. Formacel® TI
blends range in global warming
potential (GWP) from approximately
1330 to 1500. Formacel® 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®
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® 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 timeweighted average for Formacel® 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® TI is not ozone
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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® TI is comparable
to other substitutes for HCFC–22 and
HCFC–142b, such as hydrofluorocarbon
(HFC)–134a and HFC–245fa. Formacel®
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® TI
is lower than the GWP for the ozonedepleting 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® 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.
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2. HFO–1234ze
EPA’s decision:
Hydrofluoroolefin 1 (HFO)–1234ze is
acceptable as a substitute for CFCs and
HCFCs in:
• 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-tetrafluoroprop1-ene (CAS Reg. No.29118–24–9). You
may find the submission under Docket
item EPA–HQ–OAR–2003–0118–0222 at
https://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 transCF3CH=CHF: products and mechanisms
of hydroxyl radical and chlorine atom
initiated oxidation,’’ M.S. Javadi, R.
S<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.
1 Hydrofluoroolefins are a subset of
hydrofluorocarbons that contain double bonds
between carbon atoms.
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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 Premanufacture 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.
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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 1,1,1,3,3pentafluorobutane (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 https://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 °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
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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 8hour 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
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14:46 Sep 29, 2009
Jkt 217001
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 https://
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 °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
PO 00000
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50133
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-ozonedepleting 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
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found at https://www.epa.gov/ozone/
snap/lists/ 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 ozonedepleting 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 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,
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 11, 2009.
Jackie Krieger,
Acting Director, Office of Atmospheric
Programs.
Note: The following appendix will not
appear in the Code of Federal Regulations.
sroberts on DSKD5P82C1PROD with RULES
APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS
End-use
Substitute
Decision
Further information
Refrigeration and Air Conditioning
Retail food refrigeration (new)
VerDate Nov<24>2008
14:46 Sep 29, 2009
R–744 (CO2) as a substitute for
CFC–12, R–502, HCFC–22, and
blends containing HCFC–22.
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Acceptable ...
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Observe recommendations in the equipment manufacturers’ guidance manual and MSDSs and follow the guidelines of ASHRAE 15.
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50135
APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS—Continued
End-use
Cold storage warehouses
(new).
Non-mechanical heat transfer
(retrofit and new).
Substitute
Decision
Further information
R–744 (CO2) as a substitute for
CFC–12, R–502, HCFC–22, and
blends containing HCFC–22.
C6-perfluoroketone as a substitute
for CFC–113.
Acceptable ...
Observe recommendations in the equipment manufacturers’ guidance manual and MSDSs and follow the guidelines of ASHRAE 15.
Observe recommendations in the equipment manufacturer’s guidance and MSDS. The manufacturer recommends an acceptable exposure limit of 150 ppm on
an 8-hr time-weighted average.
Acceptable ...
Foam Blowing
Rigid Polyurethane Appliance
Foam.
Rigid Polyurethane Spray,
Commercial Refrigeration,
and Sandwich Panels.
Acceptable ...
HFC–365mfc as a substitute for
HCFC–141b.
Rigid Polyurethane Commercial Refrigeration and Sandwich Panels.
HFO–1234ze as a substitute for
CFCs and HCFCs.
Acceptable ...
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFC–365mfc as a substitute for
HCFC–141b.
Acceptable ...
Acceptable ...
sroberts on DSKD5P82C1PROD with RULES
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Acceptable ...
Blends of HFC–365mfc and HFC–
245fa (at least 5% HFC–245fa
by weight) as substitutes for
HCFC–141b.
Flexible Polyurethane .............
HFO–1234ze as a substitute for
CFCs and HCFCs.
Acceptable ...
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFC–365mfc as a substitute for
HCFC–141b.
Acceptable ...
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Acceptable ...
Fmt 4700
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HFO–1234ze is non-flammable and has a 100-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 is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFC–365mfc is mildly flammable and has a 100-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).
HFO–1234ze is non-flammable and has a 100-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 and HFC–245fa containing at
least 5% HFC–245fa by weight are non-flammable. Typical blends contain 30 to 70% HFC–245fa and 70 to
30% HFC–365mfc. Observe recommendations in the
manufacturer’s MSDS and guidance for using these
blends.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFC–365mfc is mildly flammable and has a 100-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.
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APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS—Continued
End-use
Substitute
Decision
Further information
Integral Skin Polyurethane .....
HFC–365mfc as a substitute for
HCFC–141b.
Acceptable ...
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFC–365mfc as a substitute for
HCFC–141b.
Acceptable ...
HFC–365mfc is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFC–365mfc is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFC–365mfc is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFC–365mfc is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFO–1234ze is non-flammable and has a 100-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 is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
Polystyrene Extruded Sheet ..
Polyolefin ................................
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFC–365mfc as a substitute for
HCFC–141b.
Rigid Polyurethane Slabstock
and Other.
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFC–365mfc as a substitute for
HCFC–141b.
Polystyrene, Extruded
Boardstock & Billet.
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFO–1234ze as a substitute for
CFCs and HCFCs.
Acceptable ...
Acceptable ...
Acceptable ...
Acceptable ...
Acceptable ...
Acceptable ...
Acceptable ...
sroberts on DSKD5P82C1PROD with RULES
HFC–365mfc as a substitute for
HCFC–141b.
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
VerDate Nov<24>2008
14:46 Sep 29, 2009
Acceptable ...
Acceptable ...
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50137
APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS—Continued
End-use
Substitute
Decision
Further information
Rigid Polyurethane &
Polyisocyanurate Laminated
Boardstock.
HFC–365mfc as a substitute for
HCFC–141b.
Acceptable ...
Formacel® TI as a substitute for
HCFC–22 and HCFC–142b.
HFC–365mfc as a substitute for
HCFC–141b.
Acceptable ...
HFC–365mfc is mildly flammable and has a 100-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.
Observe recommendations in the manufacturer’s MSDS
and guidance for using these blends.
HFC–365mfc is mildly flammable and has a 100-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.
Phenolic Insulation Board &
Bunstock.
[FR Doc. E9–23470 Filed 9–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2008–0814; FRL–8436–5]
Thiamethoxam; Pesticide Tolerances
sroberts on DSKD5P82C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes
tolerances for combined residues of
thiamethoxam (3-[(2-chloro-5thiazolyl)methyl]tetrahydro-5-methyl-Nnitro-4H-1,3,5-oxadiazin-4-imine) and
its metabolite CGA-322704, [N-(2chloro-thiazol-5-ylmethyl)-N’-methylN’-nitro-guanidine, calculated as the
stoichiometric equivalent of
thiamethoxam, in or on: avocado; berry,
low growing, subgroup 13-07G, except
cranberry; black sapote; bushberry
subgroup 13-07B, except lingonberry
and blueberry, lowbush; caneberry
subgroup 13-07A; canistel; fruit, small,
vine climbing, subgroup 13-07F, except
fuzzy kiwifruit; mamey sapote; mango;
papaya; rice, grain; sapodilla; star apple;
and vegetable, root, subgroup 1A.
Interregional Research Project Number 4
(IR–4) and Syngenta Crop Protection,
Inc., requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA). In addition, this
regulation amends existing tolerances
for combined residues of thiamethoxam
and its metabolite CGA-322704 in or on:
cattle, meat byproducts; goat, meat
byproducts; horse, meat byproducts;
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14:46 Sep 29, 2009
Jkt 217001
Acceptable ...
and sheep, meat byproducts. Syngenta
Crop Protection, Inc., requested these
amended tolerances under FFDCA.
DATES: This regulation is effective
September 30, 2009. Objections and
requests for hearings must be received
on or before November 30, 2009, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0814. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT: Julie
Chao, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
(703) 308–8735; e-mail address:
chao.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing electronically
available documents at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
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]]>Agencies
[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 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 https://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 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
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 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 (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 https://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 https://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
https://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
https://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 https://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 https://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 https://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 https://www.epa.gov/ozone/snap/lists/ 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 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 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
