[Federal Register: October 4, 2007 (Volume 72, Number 192)]
[Rules and Regulations]
[Page 56628-56632]
[DOCID:fr04oc07-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0118; FRL-8477-7]
RIN 2060-AG12

Protection of Stratospheric Ozone: Notice 22 for Significant New
Alternatives Policy Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Determination of acceptability.

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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 sector.

DATES: This action is effective on October 4, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0118 (continuation of Air Docket A-91-42). All
electronic documents in the docket are listed in the index at http://www.regulations.gov.
 Although listed in the index, some information is

not publicly available, i.e., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the EPA Air Docket (No. A-91-

42), EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard by telephone at
(202) 343-9163, by facsimile at<PHONE_NUMBER>, by e-mail at
<EMAIL_ADDRESS>or by mail at U.S. Environmental Protection

Agency, Mail Code 6205J, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Overnight or courier deliveries should be sent to the office
location at 1310 L Street, NW., 10th floor, Washington, DC 20005.
    For more information on the Agency's process for administering the
SNAP program or criteria for evaluation of substitutes, refer to the
original SNAP rulemaking published in the Federal Register on March 18,
1994 (59 FR 13044). Notices and rulemakings under the SNAP program, as
well as other EPA publications on protection of stratospheric ozone,
are available at EPA's Ozone Depletion World Wide Web site at http://www.epa.gov/ozone/ including the SNAP portion at http://www.epa.gov/

ozone/snap/.

SUPPLEMENTARY INFORMATION:

I. Listing of New Acceptable Substitutes
    A. Refrigeration and Air Conditioning
II. Section 612 Program
    A. Statutory Requirements
    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
sector. For copies of the full list of ODS substitutes in all
industrial sectors, visit EPA's Ozone Depletion Web site at http://www.epa.gov/ozone/snap/lists/index.html
.

    The sections below discuss each substitute listing in detail.
Appendix A contains a table summarizing today's listing decisions for
new substitutes. The statements in the ``Further Information'' column
in the table provide additional information, but are not legally
binding under section 612 of the Clean Air Act. In addition, the
``further information'' may not be a comprehensive list of other legal
obligations you may need to meet when using the substitute. Although
you are not required to follow recommendations in the ``further
information'' column of the table to use a substitute, EPA strongly
encourages you to apply the information when using these substitutes.
In many instances, the information simply refers to standard operating
practices in existing industry and/or building-code standards. Thus,
many of these statements, if adopted, would not require significant
changes to existing operating practices.
    You can find submissions to EPA for the use of the substitutes
listed in this document and other materials supporting the decisions in
this action in docket EPA-HQ-OAR-2003-0118 at http://www.regulations.gov
.

A. Refrigeration and Air Conditioning

1. RS-45
    EPA's decision:
    RS-45[R-125/143a/134a/600a (63.2/18.0/16.0/2.8)] is acceptable for
use in new and retrofit equipment as a substitute for
hydrochlorofluorocarbon (HCFC)-22 in:
     Chillers (centrifugal, screw, reciprocating).
     Industrial process refrigeration.
     Industrial process air conditioning.
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Commercial ice machines.
     Ice skating rinks.
     Household refrigerators and freezers.
     Water coolers.
     Residential dehumidifiers.
     Household and light commercial air conditioning and heat
pumps.

    RS-45 is a blend of 18.0% by weight hydrofluorocarbon (HFC)-143a
(1,1,1-trifluoroethane, CAS ID 420-46-2), 63.2% by weight HFC-
125 (pentafluoroethane, CAS ID 354-33-6), 16.0% by weight HFC-
134a (1,1,1,2-tetrafluoroethane, CAS ID 811-97-2, and 2.8% by
weight R-600a (isobutane, 2-methyl propane, CAS ID 75-28-5).
The American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) has assigned this blend the designation R-434A. You
may find the submission under Docket item EPA-HQ-OAR-2003-0118-0162 at
http://www.regulations.gov.

    Environmental information: The ozone depletion potential (ODP) of
R-421A is zero. The global warming potentials (GWPs) of HFC-143a, HFC-
125, HFC-134a, and isobutane are 3800, 3450, 1320, and less than 10,
respectively (relative to carbon dioxide, using a 100-year time horizon
(United Nations Environment Programme (UNEP) and World Meteorological
Organization (WMO) Scientific Assessment of Ozone Depletion: 2002)).
The atmospheric lifetimes of these constituents are 48.3, 29, and 14
years, and less than one year, respectively.
    The contribution of this blend to greenhouse gas emissions will be
minimized through the implementation of the venting prohibition under
section 608 (c)(2) of the Clean Air Act (see 40 CFR part 82, subpart
F). This section and EPA's implementing regulations prohibit venting or
release of substitutes for class I or class II ODSs used in
refrigeration and air conditioning and require proper handling, such as
recycling or recovery, and disposal of these substances.
    HFC-143a, HFC-125 and HFC-134a are excluded from the definition of
volatile organic compound (VOC) under Clean Air Act regulations (see 40
CFR 51.100(s)) addressing the development of State implementation plans
(SIPs) to attain and maintain the national ambient air quality
standards. Isobutane is a VOC under Clean Air Act regulations.
    Flammability information: While two of the blend components,
isobutane and HFC-143a, are flammable, the blend as formulated and
under worst case fractionated formulation scenarios is not flammable.
    Toxicity and exposure data: HFC-143a has an 8 hour/day, 40 hour/
week recommended acceptable exposure limit for the workplace from the
manufacturer of 1000 ppm. HFC-125 and HFC-134a have 8 hour/day, 40
hour/week workplace environmental exposure limits (WEELs) of 1000 ppm
established by the American Industrial Hygiene Association (AIHA).
Isobutane has an 8 hour/day, 40 hour/week threshold limit value (TLV)
established by the American Conference of Governmental Industrial
Hygienists (ACGIH) of 1000 ppm. EPA recommends that users follow all
requirements and recommendations specified in the Material Safety Data
Sheet (MSDS) for the blend and the individual components and other
safety precautions common in the refrigeration and air conditioning
industry. EPA also recommends that users of RS-45 adhere to the AIHA's
WEELs and the ACGIH's TLV.
    Comparison to other refrigerants: RS-45 is not an ozone depleter in
contrast to HCFC-22, the ozone-depleting substance which it replaces.
RS-45 is comparable to other substitutes for HCFC-22 in its lack of
risk for ozone depletion. RS-45 has a GWP of about 3200, comparable to
or lower than that of other substitutes for HCFC-22. For example, the
GWP of R-407C is about 1700, the GWP of R-410A is about 2000, and the
GWPs of R-404A and R-507 are about 3900. Flammability and toxicity
risks are low, as discussed above. Thus, we find that RS-45 is
acceptable because it does not pose a greater overall risk to public
health and the environment than the other substitutes acceptable in the
end uses listed above.
2. KDD5
    EPA's decision:
    KDD5 is acceptable for use in new and retrofit equipment as a
substitute for HCFC-22 in:
     Chillers (centrifugal, screw, reciprocating).
     Industrial process refrigeration.
     Industrial process air conditioning.
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Commercial ice machines.
     Ice skating rinks.
     Household refrigerators and freezers.
     Vending machines.
     Water coolers.
     Residential dehumidifiers.
     Household and light commercial air conditioning and heat
pumps.
     Motor vehicle air conditioning (buses and passenger trains
only).
     Non-mechanical heat transfer.

The submitter of KDD5 has claimed its composition as confidential
business information. You may find the submission under Docket item
EPA-HQ-OAR-2003-0118-0157 at http://www.regulations.gov.

    Environmental information: The ODP of KDD5 is zero. The average
100-year integrated GWP of this blend is in the

range of the GWPs for R-407C and R-410A. Some components of the blend
are VOCs under Clean Air Act regulations addressing the development of
State implementation plans (SIPs) to attain and maintain the national
ambient air quality standards. 40 CFR 51.100(s).
    The contribution of this blend to greenhouse gas emissions will be
minimized through the implementation of the venting prohibition under
section 608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F).
This section and EPA's implementing regulations prohibit venting or
release of substitutes for class I or class II ODSs used in
refrigeration and air conditioning and require proper handling, such as
recycling or recovery, and disposal of these substances.
    Flammability information: As formulated and under worst-case
fractionated formulation scenarios, this blend is not flammable.
    Toxicity and exposure data: The manufacturer's recommended 8-hr TWA
workplace exposure limit for the blend is 995 ppm. A number of
components of the blend have workplace exposure limits of 1000 ppm set
by the manufacturer, the AIHA, or the ACGIH.
    Comparison to other refrigerants: KDD5 is not an ozone depleter;
thus, it poses a lower risk for ozone depletion than the ODSs it
replaces. KDD5 has comparable or lower risk for ozone depletion than
other substitutes for HCFC-22. KDD5 has a GWP comparable to or lower
than that of other substitutes for HCFC-22. For example, the GWP of R-
407C is about 1700, the GWP of R-410A is about 2000, and the GWPs of R-
404A and R-507 are about 3900. Flammability and toxicity risks are low,
as discussed above. We find that KDD5 is acceptable because it does not
pose a greater overall risk to public health and the environment than
the other substitutes acceptable in the end uses listed above.
3. R-428A
    EPA's decisions:
    R-428A is acceptable for use in new and retrofit equipment as a
substitute for R-502, HCFC-22, and refrigerant blends containing HCFC-
22, including R-402A, R-408A, R-403B, and R-411B in:
     Retail food refrigeration.
     Cold storage warehouses.
     Refrigerated transport.
     Commercial ice machines.
     Household refrigerators and freezers.
    R-428A is acceptable for use in new equipment as a substitute for
R-403B in:
     Industrial process refrigeration.
    R-428A is acceptable for use in new and retrofit equipment as a
substitute for R-502 and HCFC-22 in:
     Ice skating rinks.

R-428A is a blend of 77.5% by weight HFC-125 (pentafluoroethane, CAS ID
354-33-6), 20.0% by weight HFC-143a (1,1,1,-trifluoroethane,
CAS ID 420-46-2), 0.6% by weight R-290 (propane, CAS ID
74-98-6), and 1.9% by weight R-600a (isobutane, 2-methyl
propane, CAS ID 75-28-5). A common trade name for this
refrigerant is RS-52. You may find the submission under Docket item
EPA-HQ-OAR-2003-0118-0155 at http://www.regulations.gov.

    Environmental information: The ODP of R-428A is zero. For
environmental information on HFC-125, HFC-143a and isobutane, see the
section on environmental information above for RS-45. The 100-year
integrated GWP of propane is generally considered to be less than 10,
relative to CO2. The atmospheric lifetime of propane is less
than one year.
    The contribution of this blend to greenhouse gas emissions will be
minimized through the implementation of the venting prohibition under
section 608(c)(2) of the Clean Air Act (see 40 CFR part 82, subpart F).
This section and EPA's implementing regulations prohibit venting or
release of substitutes for class I or class II ODSs used in
refrigeration and air conditioning and require proper handling, such as
recycling or recovery, and disposal of these substances.
    Isobutane and propane are VOCs under Clean Air Act regulations
concerning the development of SIPs to attain and maintain the national
ambient air quality standards. HFC-125 and HFC-143a are exempt from the
definition of VOC under these regulations. 40 CFR 51.100(s).
    Flammability information: While three components of the blend, HFC-
143a, isobutane and propane, are flammable, the blend as formulated and
under worst-case fractionated formulation scenarios, is not flammable.
    Toxicity and exposure data: For information on the workplace
exposure limits for HFC-125 and HFC-143a, see the section on toxicity
and exposure data above for RS-45. Isobutane has an 8 hour/day, 40
hour/week threshold limit value (TLV) established by the American
Conference of Governmental Industrial Hygienists (ACGIH) of 1000 ppm.
Propane has an 8 hour/day, 40 hour/week TLV of 800 ppm established by
the ACGIH. EPA recommends that users follow all requirements and
recommendations specified in the MSDS for the blend and the individual
components and other safety precautions common in the refrigeration and
air conditioning industry. EPA also recommends that users of R-428A
adhere to the ACGIH's TLVs.
    Comparison to other refrigerants: R-428A is not an ozone depleter
in contrast to the ozone depleting substances which it replaces. R-428A
has comparable or lower risk for ozone depletion than other substitutes
for R-502. R-428A has a GWP of about 3500, comparable to or lower than
that of other substitutes for HCFC-22 and R-502. For example, the GWP
of R-407C is about 1700, the GWP of R-410A is about 2000, and the GWPs
of R-404A and R-507 are about 3900. The flammability and toxicity risks
are low, as discussed above. Thus, we find that R-428A is acceptable
because it does not pose a greater overall risk to public health and
the environment than the other substitutes acceptable in the end uses
listed above.

II. Section 612 Program

A. Statutory Requirements

    Section 612 of the Clean Air Act authorizes EPA to develop a
program for evaluating alternatives to ozone-depleting substances. We
refer to this program as the Significant New Alternatives Policy (SNAP)
program. The major provisions of section 612 are:
     Rulemaking--Section 612(c) requires EPA to promulgate
rules making it unlawful to replace any class I (chlorofluorocarbon,
halon, carbon tetrachloride, methyl chloroform, and
hydrobromofluorocarbon) or class II (hydrochlorofluorocarbon) substance
with any substitute that the Administrator determines may present
adverse effects to human health or the environment where the
Administrator has identified an alternative that (1) reduces the
overall risk to human health and the environment, and (2) is currently
or potentially available.
     Listing of Unacceptable/Acceptable Substitutes--Section
612(c) also requires EPA to publish a list of the substitutes
unacceptable for specific uses. We must publish a corresponding list of
acceptable alternatives for specific uses.
     Petition Process--Section 612(d) grants the right to any
person to petition EPA to add a substance to or delete a substance from
the lists published in accordance with section 612(c). The Agency has
90 days to grant or deny a petition. Where the Agency grants the
petition, it must publish the revised lists within an additional six
months.
     90-day Notification--Section 612(e) directs EPA to require
any person who

produces a chemical substitute for a class I substance to notify the
Agency not less than 90 days before new or existing chemicals are
introduced into interstate commerce for significant new uses as
substitutes for a class I substance. The producer must also provide the
Agency with the producer's unpublished health and safety studies on
such substitutes.
     Outreach--Section 612(b)(1) states that the Administrator
shall seek to maximize the use of federal research facilities and
resources to assist users of class I and II substances in identifying
and developing alternatives to the use of such substances in key
commercial applications.
     Clearinghouse--Section 612(b)(4) requires the Agency to
set up a public clearinghouse of alternative chemicals, product
substitutes, and alternative manufacturing processes that are available
for products and manufacturing processes which use class I and II
substances.

B. Regulatory History

    On March 18, 1994, EPA published the final rulemaking (59 FR 13044)
that described the process for administering the SNAP program and
issued our first acceptability lists for substitutes in the major
industrial use sectors. These sectors include:
     Refrigeration and air conditioning;
     Foam blowing;
     Solvents cleaning;
     Fire suppression and explosion protection;
     Sterilants;
     Aerosols;
     Adhesives, coatings and inks; and
     Tobacco expansion.

These sectors comprise the principal industrial sectors that
historically consumed the largest volumes of ozone-depleting compounds.
    As described in this original rule for the SNAP program, EPA does
not believe that rulemaking procedures are required to list
alternatives as acceptable with no limitations. Such listings do not
impose any sanction, nor do they remove any prior license to use a
substance. Therefore, by this notice we are adding substances to the
list of acceptable alternatives without first requesting comment on new
listings.
    However, we do believe that notice-and-comment rulemaking is
required to place any substance on the list of prohibited substitutes,
to list a substance as acceptable only under certain conditions, to
list substances as acceptable only for certain uses, or to remove a
substance from the lists of prohibited or acceptable substitutes. We
publish updates to these lists as separate notices of rulemaking in the
Federal Register.
    The Agency defines a ``substitute'' as any chemical, product
substitute, or alternative manufacturing process, whether existing or
new, intended for use as a replacement for a class I or class II
substance. Anyone who plans to market or produces a substitute for an
ODS in one of the eight major industrial use sectors must provide EPA
with health and safety studies on the substitute at least 90 days
before introducing it into interstate commerce for significant new use
as an alternative. This requirement applies to substitute
manufacturers, but may include importers, formulators, or end-users,
when they are responsible for introducing a substitute into commerce.
    You can find a complete chronology of SNAP decisions and the
appropriate Federal Register citations from the SNAP section of EPA's
Ozone Depletion World Wide Web site at http://www.epa.gov/ozone/snap/chron.html.
 This information is also available from the Air Docket (see

ADDRESSES section above for contact information).

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.

    Dated: September 7, 2007.
Edward Callahan,
Acting Director, Office of Atmospheric Programs.

Appendix A: Summary of Acceptable Decisions

                                       Refrigeration and Air Conditioning
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              End-use                     Substitute                Decision              Further  information
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Centrifugal chillers (retrofit and  RS-45 as a substitute  Acceptable................
 new).                               for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Screw chillers (retrofit and new).  RS-45 as a substitute  Acceptable................
                                     for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Reciprocating chillers (retrofit    RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Industrial process refrigeration    RS-45 as a substitute  Acceptable................
 (retrofit and new).                 for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Industrial process refrigeration    R-428A as a            Acceptable................
 (new only).                         substitute for R-
                                     403B.
Industrial process air              RS-45 as a substitute  Acceptable................
 conditioning (retrofit and new).    for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Retail food refrigeration           RS-45 as a substitute  Acceptable................
 (retrofit and new).                 for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Cold storage warehouses (retrofit   RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Refrigerated transport (retrofit    RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Commercial ice machines (retrofit   RS-45 as a substitute  Acceptable................
 and new).                           for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.

                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Ice skating rinks (retrofit and     RS-45 as a substitute  Acceptable................
 new).                               for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-502
                                     and HCFC-22.
Household refrigerators and         RS-45 as a substitute  Acceptable................
 freezers (retrofit and new).        for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
                                    R-428A as a            Acceptable................
                                     substitute for R-
                                     502, HCFC-22 and
                                     refrigerant blends
                                     containing HCFC-22,
                                     including R-402A, R-
                                     403B, R-408A, and R-
                                     411B.
Vending machines (retrofit and      KDD5 as a substitute   Acceptable................
 new).                               for HCFC-22.
Water coolers (retrofit and new)..  RS-45 as a substitute  Acceptable................
                                     for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Residential dehumidifiers           RS-45 as a substitute  Acceptable................
 (retrofit and new).                 for HCFC-22.
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Household and light commercial air  RS-45 as a substitute  Acceptable................
 conditioning and heat pumps         for HCFC-22.
 (retrofit and new).
                                    KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
Motor vehicle air conditioning for  KDD5 as a substitute   Acceptable................
 buses and passenger trains.         for HCFC-22.
Non-mechanical heat transfer......  KDD5 as a substitute   Acceptable................
                                     for HCFC-22.
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[FR Doc. E7-19545 Filed 10-3-07; 8:45 am]

BILLING CODE 6560-50-P