Protection of Stratospheric Ozone: Notice 15 for Significant New
Alternatives Policy Program
[Federal Register: May 23, 2001 (Volume 66, Number 100)]
[Rules and Regulations]
[Page 28379-28383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my01-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-6982-1]
Protection of Stratospheric Ozone: Notice 15 for Significant New
Alternatives Policy Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of acceptability.
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SUMMARY: This document expands the list of acceptable substitutes for
ozone-depleting substances (ODS) under the
[[Page 28380]]
U.S. Environmental Protection Agency's (EPA) Significant New
Alternatives Policy (SNAP) program. The substitutes are for use in the
refrigeration and air conditioning sector.
EFFECTIVE DATE: May 23, 2001.
ADDRESSES: Information relevant to this document is contained in Air
Docket A-91-42, Room M-1500, Waterside Mall, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460, telephone:
(202) 260-7548. You may inspect the docket between 8 a.m. and 5:30 p.m.
weekdays. As provided in 40 CFR part 2, a reasonable fee may be charged
for photocopying. Submissions to EPA for the use of the substitutes
listed in this document may be found under category VI-D of EPA docket
A-91-42. Other materials supporting the decisions herein may be found
under category IX-B of EPA docket A-91-42.
FOR FURTHER INFORMATION CONTACT: Dave Godwin by telephone at (202) 564-
3517, by fax at (202) 565-2155, by e-mail at Godwin.Dave@epa.gov, or by
mail at U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Mail Code 6205J, Washington, DC 20460. Overnight or courier
deliveries should be sent to 501 3rd Street, NW., Washington, DC 20001.
Further information can be found by calling the Stratospheric
Protection Hotline at (800) 296-1996, Monday through Friday, between
the hours of 10 a.m. and 4 p.m. (Eastern Standard Time). 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 from EPA's Ozone Depletion World Wide Web site at http://
www.epa.gov/ozone/ including the SNAP portion at http://www.epa.gov/
ozone/snap/index.html.
SUPPLEMENTARY INFORMATION:
I. Listing of Acceptable Substitutes
Refrigeration and Air Conditioning
II. Section 612 Program
A. Statutory Requirements
B. Regulatory History
Appendix A--Summary of Acceptable Decisions
I. Listing of Acceptable Substitutes
This section presents EPA's most recent acceptable listing
decisions for substitutes in the refrigeration and air conditioning
sector. For copies of the full list of SNAP decisions in all industrial
sectors, contact the EPA Stratospheric Protection Hotline at (800) 296-
1996.
The sections below discuss the substitute listing in detail.
Appendix A contains a table summarizing today's listing decisions. The
comments contained in the table provide additional information, but are
not legally binding under section 612 of the Clean Air Act. In
addition, these comments are not 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 comments section
of the table to use a substitute, EPA strongly encourages you to apply
the comments when using these substitutes. In many instances, the
comments simply refer to standard operating practices in existing
industry and/or building-code standards. Thus, many of these comments,
if adopted, would not require significant changes to existing operating
practices.
Refrigeration and Air Conditioning
1. HFC-134a/HBr (92/8)
The chemical blend of 92% by weight HFC-134a (1,1,1,2-
tetrafluoroethane) and 8% by weight HBr (hydrogen bromide) is
acceptable for use as the primary heat transfer fluid in new secondary-
loop equipment for not-in-kind replacements of systems using:
CFC-12 and R-502 in retail food refrigeration; and
CFC-12 and R-502 in cold storage warehouses
HFC-134a/HBr (92/8) is also acceptable as a substitute in new
equipment for:
CFC-11, CFC-12, CFC-114, CFC-115, and R-502 in industrial
process refrigeration; and
CFC-12 and R-502 in refrigerated transport
The submitter of this blend claims that the blend is protected
under U.S. Patent Number 5,989,448. This submission may be found under
EPA Air Docket A-91-42, item VI-D-275.
Environmental information: The ozone depletion potential (ODP) of
HBr is estimated to be less than 0.02, while its atmospheric lifetime
is estimated at 2 to 7 days (ICF Risk Screen, EPA Air Docket A-91-42,
item IX-B-68).
Due to its short atmospheric lifetime, the global warming potential
(GWP) of HBr is very low, while the GWP of HFC-134a is 1600 (100-year
integrated time horizon referenced to carbon dioxide) [WMO, Scientific
Assessment of Ozone Depletion: 1998]. The contribution of this blend to
global warming will be minimized in each end-use through the
implementation of the venting prohibition under section 608(c)(2) of
the Clean Air Act (see 40 CFR part 82, subpart F). This section and
EPA's implementing regulations prohibit venting or release of
substitutes for class I and class II ozone depleting substances used in
refrigeration and air-conditioning and require proper handling and
disposal of these substances, such as recycling or recovery.
HFC-134a has been exempted from the list of volatile organic
compounds (VOCs) under Clean Air Act regulations (40 CFR 51.000) for
purposes of the State implementation plan (SIP) provisions of the Clean
Air Act; HBr has not. Emissions of HBr should be controlled in
accordance with VOC restrictions in approved SIPs.
Flammability information: Neither component of this blend is
flammable.
Toxicity and exposure data: HBr has an OSHA-established eight-hour
Permissible Exposure Limit (PEL) of only 3 ppm. The American Council of
Governmental Industrial Hygienists (ACGIH) has recommended a Threshold
Limit Value (TLV) of 3 ppm as well. EPA has previously listed HFC-134a,
with a Workplace Environmental Exposure Level (WEELs) from the American
Industrial Hygiene Association (AIHA) of 1000 ppm, as an acceptable
substitute in a variety of applications. EPA expects users of this
blend to follow all recommendations specified in the Material Safety
Data Sheets (MSDSs) for HBr, HFC-134a and the blend. The Agency also
expects that users will adhere to any acceptable exposure limits set by
any voluntary consensus standards organization, including the TLVs from
the ACGIH and WEELs from the AIHA as stated above.
Because of the health risks, EPA has at this time only evaluated
this blend in limited applications. Within the retail food
refrigeration and cold storage warehouse end uses, EPA is finding the
use of HFC-134a/HBr (92/8) acceptable only for secondary-loop systems;
accidental releases of the chemical in these applications are expected
to generate negligible potential exposure to the public and workers.
Within the refrigerated transport end use, direct exposure to high
quantities of the refrigerant is not likely because of the small charge
size and the typical placement of the unit away from direct human
contact. Within the industrial process refrigeration end use, such as
at chemical or other industrial plants, proper exposure controls and
ventilation are generally available as well as established protocols
for handling potentially hazardous materials, and therefore overall
occupational risk is mitigated.
[[Page 28381]]
Additional precautions could include installation of warning signs,
worker education and technician training. Such practices will further
reduce the likelihood of exposure, and are therefore recommended for
all approved end uses.
2. Through 13. PFC-330ST, PFC-550HC, PFC-660HC, PFC-1100HC, PFC-1100LT,
PGC-100, PGC-150, PFC-331ST, PFC-551HC, PFC-661HC, PFC-1101HC and PGC-
151
The chemical blends submitted to EPA with the unregistered trade
names listed above are acceptable for use in new and retrofit equipment
as substitutes for:
CFC-13, CFC-113, CFC-114 and blends thereof in very low
temperature refrigeration.
IGC Polycold Systems Inc., the submitter of the above-listed
blends, claims that the compositions of these blends, tailored for use
in its equipment, are confidential business information. A redacted
version of this submission may be found under EPA Air Docket A-91-42,
item VI-D-267.
Environmental information: Each of these blends contain one or more
hydrochlorofluorocarbon (HCFC) component(s), and thus the blends do not
have a zero ozone depletion potential (ODP).
The global warming potentials (GWPs) of some of the blend
components are very high; however, the GWPs of the blends as formulated
are less than the GWPs of the refrigerants they are replacing and less
than most other alternatives approved for use within the very low
temperature refrigeration end use. EPA strongly encourages the
continued search for lower-GWP alternatives for use in this end use and
prompt identification and repair of any leaks that may occur. The
contribution of these blends to global warming will be minimized
through the implementation of the venting prohibition under section
608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F). This
section and EPA's implementing regulations prohibit venting or release
of substitutes for class I and class II ozone depleting substances used
in refrigeration and air-conditioning and require proper handling and
disposal of these substances, such as recycling or recovery.
Some components of these blends have not been exempted from listing
as VOCs under Clean Air Act regulations for purposes of the SIP
program. Emissions should be controlled in accordance with requirements
in approved SIPs.
Flammability information: The submitter states that tests conducted
by Hauser Engineering Services determined that all of the blends,
except PGC-100, PGC-150 and PGC-151, are flammable in accordance with
ASTM E-681-85. However, a flammability analysis and risk assessment
provided by the submitter found little to no associated risk, due in
part to the small charge size used and the low probability of a leak
occurring in the semi-hermetically-sealed equipment. To further reduce
flammability risks, EPA recommends that adequate personnel training and
room ventilation be provided.
Toxicity and exposure data: All components in these blends have
eight-hour time-weighted average occupational exposure limits, such as
Threshold Limit Values (TLVs) from the American Council of Governmental
Industrial Hygienists (ACGIH) and Workplace Environmental Exposure
Levels (WEELs) from the American Industrial Hygiene Association (AIHA),
on the order of 1,000 ppm, with one exception. Although one component
does have a WEEL significantly less than 1,000 ppm, the EPA risk screen
and occupational exposure scenarios indicate that likely exposure to
this chemical or any of the other components of these blends will
remain below the recommended limits within the proposed end use,
including manufacture and disposal scenarios. Further, the company's
Material Safety Data Sheets (MSDSs) for all 12 blends recommend an
acceptable exposure limit (AEL) of 30 ppm. These exposure limits for
the blends are lower than the WEELs for the components; therefore, EPA
believes that the company's recommended AELs are protective of human
health. EPA expects users to follow all recommendations specified in
the MSDSs for the blends and other safety precautions common in the
refrigeration and air conditioning industry.
14. SP34E
On December 18, 2000, EPA listed SP34E as acceptable for use as a
substitute for CFC-12 for retrofit and new motor vehicle air
conditioning (65 FR 78979). Based on a final rule promulgated by EPA on
October 16, 1996 (61 FR 54029), all substitutes listed as acceptable
for use in motor vehicle air conditioning must be used with unique
fittings for service ports and refrigerant containers. In the original
SP34E listing, low-side and high-side service port fittings, as well as
fittings for large refrigerant containers (>20 pounds) were identified,
but fittings for small cans were not. Since then, the following
fittings have been developed for small cans, and use of these fittings
is required to use SP34E in motor vehicle air conditioning systems:
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Diameter Thread pitch
Fitting type (inches) (threads/inch) Thread direction
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Small cans.................................... 0.3125 (5/16) 24 Left.
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II. Section 612 Program
A. Statutory Requirements
Section 612 of the Clean Air Act authorizes EPA to develop a
program for evaluating alternatives to ozone-depleting substances. EPA
refers to this program as the Significant New Alternatives Policy
(SNAP) program. The major provisions of section 612 are:
Rulemaking--Section 612(c) requires EPA to promulgate
rules making it unlawful to replace any class I (chlorofluorocarbon,
halon, carbon tetrachloride, methyl chloroform, methyl bromide, and
hydrobromofluorocarbon) or class II (hydrochlorofluorocarbon) substance
with any substitute that the Administrator determines may present
adverse effects to human health or the environment where the
Administrator has identified an alternative that (1) reduces the
overall risk to human health and the environment, and (2) is currently
or potentially available.
Listing of Unacceptable/Acceptable Substitutes--Section
612(c) also requires EPA to publish a list of the substitutes
unacceptable for specific uses. EPA must publish a corresponding list
of acceptable alternatives for specific uses.
Petition Process--Section 612(d) grants the right to any
person to petition EPA to add a substance to or delete a substance from
the lists published in accordance with section 612(c). The Agency has
90 days to grant or deny a petition. Where the Agency grants the
petition, it must publish the revised lists within an additional six
months.
[[Page 28382]]
90-day Notification--Section 612(e) directs EPA to require
any person who produces a chemical substitute for a class I substance
to notify the Agency not less than 90 days before new or existing
chemicals are introduced into interstate commerce for significant new
uses as substitutes for a class I substance. The producer must also
provide the Agency with the producer's unpublished health and safety
studies on such substitutes.
Outreach--Section 612(b)(1) states that the Administrator
shall seek to maximize the use of federal research facilities and
resources to assist users of class I and II substances in identifying
and developing alternatives to the use of such substances in key
commercial applications.
Clearinghouse--Section 612(b)(4) requires the Agency to
set up a public clearinghouse of alternative chemicals, product
substitutes, and alternative manufacturing processes that are available
for products and manufacturing processes which use class I and II
substances.
B. Regulatory History
On March 18, 1994, EPA published the final rulemaking (59 FR 13044)
which described the process for administering the SNAP program. In the
same document, EPA issued its 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 compose the principal industrial sectors that
historically consumed the largest volumes of ozone-depleting compounds.
As described in this original rule for the SNAP program, EPA does
not believe that rulemaking procedures are required to list
alternatives as acceptable with no limitations. Such listings do not
impose any sanction, nor do they remove any prior license to use a
substance. Therefore, by this action EPA is adding substances to the
list of acceptable alternatives without first requesting comment on new
listings.
EPA does, however, 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.
Updates to these lists are published 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 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.
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 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: May 7, 2001.
Avis C. Robinson,
Acting Director, Office of Atmospheric Programs, Office of Air and
Radiation.
Appendix A.--Summary of Acceptable Decisions
Refrigeration and Air Conditioning
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End-Use Substitute Recommendation Comments
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Retail food refrigeration, for use as HFC-134a/HBr (92/8) as Acceptable............. Users are expected to
the primary heat transfer fluid in a substitute for CFC- adhere to the 3 ppm
new secondary-loop equipment for not- 12 and R-502. Permissible Exposure
in-kind replacements of systems. Limit and Threshold
Limit Value set by
OSHA and ACGIH,
respectively. Users
are expected to follow
all recommendations
specified in Material
Safety Data Sheets for
HBr, HFC-134a and the
blend. Additional
warning signs, worker
education and
technician training is
recommended to
minimize exposures.
Cold storage warehouses, for use as HFC-134a/HBr (92/8) as Acceptable............. Users are expected to
the primary heat transfer fluid in a substitute for CFC- adhere to the 3 ppm
new secondary-loop equipment for not- 12 and R-502. Permissible Exposure
in-kind replacements of systems. Limit and Threshold
Limit Value set by
OSHA and ACGIH,
respectively. Users
are expected to follow
all recommendations
specified in Material
Safety Data Sheets for
HBr, HFC-134a and the
blend. Additional
warning signs, worker
education and
technician training is
recommended to
minimize exposures.
[[Page 28383]]
Industrial process refrigeration HFC-134a/HBr (92/8) as Acceptable............. Users are expected to
(new). a substitute for CFC- adhere to the 3 ppm
11, CFC-12, CFC-114, Permissible Exposure
CFC-115 and R-502. Limit and Threshold
Limit Value set by
OSHA and ACGIH,
respectively. Users
are expected to follow
all recommendations
specified in Material
Safety Data Sheets for
HBr, HFC-134a and the
blend. Additional
warning signs, worker
education and
technician training is
recommended to
minimize exposures.
Refrigerated transport (new)......... HFC-134a/HBr (92/8) as Acceptable............. Users are expected to
a substitute for CFC- adhere to the 3 ppm
12 and R-502. Permissible Exposure
Limit and Threshold
Limit Value set by
OSHA and ACGIH,
respectively. Users
are expected to follow
all recommendations
specified in Material
Safety Data Sheets for
HBr, HFC-134a and the
blend. Additional
warning signs, worker
education and
technician training is
recommended to
minimize exposures.
Very low temperature refrigeration PFC-330ST, PFC-550HC, Acceptable.............
(retrofit and new). PFC-660HC, PFC-1100HC,
PFC-1100LT, PGC-100,
PGC-150, PFC-331ST,
PFC-551HC, PFC-661HC,
PFC-1101HC and PGC-151
assubstitutes for CFC-
13, CFC-113, CFC-114
and blends thereof.
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[FR Doc. 01-12893 Filed 5-22-01; 8:45 am]
BILLING CODE 6560-50-P