Protection of Stratospheric Ozone

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5701-1]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency.

ACTION: Notice of acceptability.

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SUMMARY: This notice expands the list of acceptable substitutes for

ozone-depleting substances (ODS) under the U.S. Environmental

Protection Agency's (EPA) Significant New Alternatives Policy (SNAP)

program.

EFFECTIVE DATE: March 10, 1997.

ADDRESSES: Information relevant to this notice is contained in Air

Docket A-91-42, Central Docket Section, South Conference Room 4, U.S.

Environmental Agency, 401 M Street, S.W., Washington, D.C. 20460.

Telephone: (202) 260-7548. The docket may be inspected between 8:00

a.m. and 5:30 p.m. weekdays. As provided in 40 CFR part 2, a reasonable

fee may be charged for photocopying.

FOR FURTHER INFORMATION CONTACT: Sally Rand at (202) 233-9739 or fax

(202) 233-9577, U.S. EPA, Stratospheric Protection Division, 401 M

Street, S.W., Mail Code 6205J, Washington, D.C. 20460; EPA

Stratospheric Ozone Protection Hotline at (800) 296-1996; EPA World

Wide Web Site at http://

[[Page 10701]]

www.epa.gov/ozone/title6/snap/snap.html.

SUPPLEMENTARY INFORMATION:

I. Section 612 Program

A. Statutory Requirements

B. Regulatory History

II. Listing of Acceptable Substitutes

A. Refrigeration and Air Conditioning: Substitutes for Class I

Substances

B. Foam Blowing

III. Additional Information

Appendix A-- Summary of Acceptable Decisions

I. 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, EPA

must publish the revised lists within an additional 6 months.

90-day Notification--Section 612(e) requires 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 (FRM) (59 FR

13044) which described the process for administering the SNAP program

and issued EPA's first acceptability lists for substitutes in the major

industrial use sectors. These sectors include: Refrigeration and air

conditioning; foam blowing; solvent 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 the final rule for the SNAP program (59 FR 13044),

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. Consequently, by this notice 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 either the list 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, that could replace 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.

EPA published Notices listing acceptable alternatives on August 26,

1994 (59 FR 44240), January 13, 1995 (60 FR 3318), July 28, 1995 (60 FR

38729), February 8, 1996 (61 FR 4736), and September 5, 1996 (61 FR

47012), and published Final Rulemakings restricting the use of certain

substitutes on June 13, 1995 (60 FR 31092), May 22, 1996 (61 FR 25585),

and October 16, 1996 (61 FR 54030).

II. Listing of Acceptable Substitutes

This section presents EPA's most recent acceptable listing

decisions for substitutes for class I and class II substances in the

following industrial sectors: refrigeration and air conditioning, and

foam blowing. In this Notice, EPA has split the refrigeration and air

conditioning sector into two parts: substitutes for class I substances

and substitutes for class II substances. For copies of the full list,

contact the EPA Stratospheric Protection Hotline at (800) 296-1996.

Parts A through C below present a detailed discussion of the

substitute listing determinations by major use sector. Tables

summarizing today's listing decisions are in Appendix A. The comments

contained in Appendix A provide additional information on a substitute,

but for listings of acceptable substitutes, they are not legally

binding under section 612 of the Clean Air Act. Thus, adherence to

recommendations in the comments is not mandatory for use as a

substitute. In addition, the comments should not be considered

comprehensive with respect to other legal obligations pertaining to the

use of the substitute. However, EPA encourages users of acceptable

substitutes to apply all comments to their use of these substitutes. In

many instances, the comments simply allude to sound operating practices

that have already been identified in existing industry and/or building-

code standards. Thus, many of the comments, if adopted, would not

require significant changes in existing operating practices for the

affected industry.

A. Refrigeration and Air Conditioning: Class I

1. Secondary Loop Systems

In the Notice published September 5, 1996 (61 FR 47012) EPA

solicited information about fluids used in secondary loop systems. EPA

believes that the use of secondary fluids offers potential

environmental and safety benefits, and requested this information to

determine whether it would be

[[Page 10702]]

appropriate to list secondary fluids formally under the SNAP program.

EPA received no comments or information supporting the listing of

these fluids under SNAP. In fact, one company provided information

urging EPA to not list secondary fluids under SNAP. The company

expressed concern that listing secondary fluids would discourage their

use and would be extremely burdensome to the Agency and the regulated

community. The company also indicated that EPA had vastly

underestimated the number and variety of fluids used as secondary

fluids.

EPA has decided not to list secondary fluids under SNAP based on

the above discussion and the lack of information or data suggesting

that the use of these fluids in secondary loops poses any environmental

or safety risk. EPA is also sensitive to the resources required for

preparing submissions, reviews, and listings and to the disincentive

that regulating them may create. However, EPA will keep abreast of new

secondary fluids as they are introduced in the market, and may revisit

this decision as appropriate. EPA will also include information about

secondary fluids in outreach materials and encourage their use where

the potential for environmental and safety benefits could be attained.

2. Acceptable Substitutes

Note that EPA acceptability does not mean that a given substitute

will work in a specific type of equipment within an end-use.

Engineering expertise must be used to determine the appropriate use of

these and any other substitutes. In addition, although some

alternatives are listed for multiple refrigerants, they may not be

appropriate for use in all equipment or under all conditions.

a. HFC-236fa. HFC-236fa, when manufactured using any process that

does not convert perfluoroisobutylene (PFIB) directly to HFC-236fa in a

single step, is acceptable as a substitute for CFC-114 in industrial

process refrigeration. HFC-236fa does not harm the ozone layer because

it does not contain chlorine. HFC-236fa has an extremely high 100-year

GWP of 6,300, but its lifetime is considerably shorter than that of

perfluorocarbons. HFC-236fa is the only alternative submitted to date

that is safe for the ozone layer, is low in toxicity, and can be a

substitute in industrial process heat pumps. Note that the prohibition

on venting, which applies to all substitute refrigerants, was mandated

in section 608(c)(2) and took effect on November 15, 1995.

EPA is aware of several methods for manufacturing HFC-236fa,

including one that produces HFC-236fa directly from PFIB. PFIB is an

extremely toxic substance that could pose risks in very small

concentrations. Thus, EPA believes it is appropriate to distinguish

among the different methods for producing HFC-236fa.

B. Foam Blowing

1. Acceptable Substitutes

a. Polyisocyanurate and Polyurethane Rigid Boardstock Foam. (a)

Saturated Light Hydrocarbons C3-C6. Saturated Light Hydrocarbons C3-C6

are acceptable substitutes for HCFCs in polyisocyanurate and

polyurethane rigid boardstock foam. Hydrocarbons are more flammable

than CFCs and HCFCs and use would likely require additional investment

to assure safe handling, use and shipping. These hydrocarbons have zero

global warming potential (GWP) but are volatile organic compounds

(VOCs) and must be controlled as such under Title I of the Clean Air

Act. Relevant building codes and other safety requirements necessary

for use of hydrocarbon-blown boardstock foam would have to be met.

b. Polyurethane Rigid Appliance Foam. (a) HFC-134a. HFC-134a (or

blends thereof) is an acceptable substitute for HCFCs in polyurethane

rigid appliance foam. HFC-134a has low toxicity and is non-flammable.

However, HFC-134a has relatively high thermal conductivity and has the

potential to contribute to global warming.

(b) Saturated light hydrocarbons C3-C6. Saturated light

hydrocarbons C3-C6 (or blends thereof) are acceptable substitutes for

HCFCs in polyurethane rigid appliance foam. Hydrocarbons are more

flammable than CFCs and HCFCs and use would likely require additional

investment to assure safe handling and use. These hydrocarbons have

zero global warming potential (GWP) but are volatile organic compounds

(VOCs) and must be controlled as such under Title I of the Clean Air

Act.

(c) Carbon dioxide. Carbon dioxide (or blends thereof) is an

acceptable alternative to HCFCs in polyurethane appliance foam.

III. Additional Information

Contact the Stratospheric Protection Hotline at 1-800-296-1996,

Monday-Friday, between the hours of 10:00 a.m. and 4:00 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

SNAP final rulemaking published in the Federal Register on March 18,

1994 (59 FR 13044). Federal Register notices can be ordered from the

Government Printing Office Order Desk (202) 783-3238; the citation is

the date of publication. This Notice may also be obtained on the World

Wide Web at http://www.epa.gov/ozone/title6/snap/snap.html.

List of Subjects in 40 CFR Part 82

Environmental protection, Administrative practice and procedure,

Air pollution control, Reporting and recordkeeping requirements.

Dated: February 28, 1997.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

Note: The following Appendix will not appear in the Code of

Federal Regulations.

Appendix A: Summary of Acceptable Decisions, Refrigeration Sector

[Acceptable Decisions]

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End-use Substitute Decision Comments

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CFC-114, Industrial Process HFC-236fa............ Acceptable when

Refrigeration. manufactured using any

process that does not

convert

perfluoroisobutylene

(PFIB) directly to HFC-

236fa in a single step,

is acceptable as a

substitute for CFC-114 in

industrial process

refrigeration.

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[[Page 10703]]

Foam Sector--Acceptable Decisions

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HCFCs Rigid polyurethane and Saturated Light Acceptable................ Zero ODP and GWP but must

polyisocyanurate laminated Hydrocarbons C3-C6. adhere to VOC

boardstock. regulations. Flammable.

HCFCs Rigid polyurethane appliance HFC-134a............. Acceptable................ Non-flammable and low

toxicity but may

contribute to global

warming.

Saturated Light Hydrocarbons C3- Acceptable........... Zero ODP and GWP but must

C6 adhere to VOC

regulations. Flammable..

Carbon Dioxide....... Acceptable................ High thermal

conductivity.

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[FR Doc. 97-5887 Filed 3-7-97; 8:45 am]

BILLING CODE 6560-50-P