[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30275-30279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14447]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5833-7]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency.
ACTION: Notice of acceptability.
-----------------------------------------------------------------------
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: June 3, 1997.
ADDRESSES: Information relevant to this notice is contained in Air
Docket A-91-
[[Page 30276]]
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: Carol Weisner at (202) 233-9193 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://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),
October 16, 1996 (61 FR 54030), and March 10, 1997 (62 FR 10700).
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 and B 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
[[Page 30277]]
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. Clarification on the Use of Fittings With Manifold Gauges
EPA has issued several rules imposing the condition that motor
vehicle refrigerants be used with unique fittings. Specifically,
regulations require that
The fittings must be used on all containers of the refrigerant, on
can taps, on recovery, recycling, and charging equipment, and on all
air conditioning system service ports. A refrigerant may only be
used with the fittings and can taps specifically intended for that
refrigerant and designed by the manufacturer of the refrigerant.
Using a refrigerant with a fitting designed by anyone else, even if
it is different from fittings used with other refrigerants, is a
violation of this use condition. Using an adapter or deliberately
modifying a fitting to use a different refrigerant is a violation of
this use condition.
One interpretation of this requirement is that manifold gauge sets
must be dedicated to a single refrigerant. They are frequently used as
part of ``recovery, recycling, and recharging equipment'' and would,
therefore, have to use a permanently attached set of fittings unique to
one refrigerant. Furthermore, adapters to change the manifold gauges
from one refrigerant to -another would be illegal. EPA believes this
interpretation is overly restrictive and costly to service shops.
Manifold gauges allow technicians to diagnose system problems and
to charge, recover, and/or recycle refrigerant. A standard fitting has
traditionally been used at the end of the hoses attached to the
manifold gauges (designated ``end 1'' for purposes of this discussion).
In contrast, the SNAP use conditions require the use of unique fittings
at the other ends of the hoses that attach to vehicle air conditioning
systems and recovery or recycling equipment (designated as ``end 2'').
This use condition still applies; once a unique fitting is attached to
end 2, it may not be removed. However, it is legal to continue to use a
standard fitting at end 1, changing hoses with unique fittings on end 2
to allow the use of the manifold gauges with multiple refrigerants.
An example will clarify the application of these requirements.
Assume a technician has been working on a car that contains refrigerant
X. The car and recovery or recycling equipment have permanently
attached fittings unique to X. End 2 of the manifold gauge hoses also
have permanently attached matching fittings unique to X. Before working
on a car containing refrigerant Y, the technician must: (1) Recover
refrigerant remaining in the hoses to the vacuum specified in the
appropriate EPA standard for recovery and/or recycling, (2) disconnect
the hoses from the vehicle and the recovery or recycling equipment, (3)
disconnect the hoses from the manifold gauges, (4) using standard
fittings, attach end 1 of the new hoses to the manifold gauges (these
hoses must have permanently attached fittings at end 2 that are unique
to refrigerant Y), and (5) attach end 2 of the new hoses to the vehicle
containing refrigerant Y and to recovery or recycling equipment that
meet the applicable standards for refrigerant Y.
Following this procedure will benefit the environment, the vehicle
owner, and the shop. Refrigerants will not be released from the hoses,
different refrigerants and lubricants will not be mixed within the
hoses, and shops will not have to purchase multiple manifold gauges.
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. MT-31
MT-31, the composition of which has been claimed as confidential
business information, is acceptable as a substitute for CFC-12 in the
following retrofitted and new systems:
Centrifugal and Reciprocating Chillers.
Industrial Process Refrigeration.
Cold Storage Warehouses.
Refrigerated Transport.
Retail Food Refrigeration.
Vending Machines.
Water Coolers.
Commercial Ice Machines.
Household Refrigerators.
Household Freezers.
and as a substitute for HCFC-22 in all retrofitted end-uses.
Because this blend contains an HCFC, it contributes to ozone
depletion. However, this concern is mitigated by the scheduled phaseout
of this chemical. Regulations regarding recycling and reclamation
issued under section 608 of the Clean Air Act apply to this blend. This
blend does not contain any flammable components, and all components are
low in toxicity. Note that although this blend was submitted for motor
vehicle use, the submission did not include the technical drawings,
sample fittings, or sample label required by the final rule that took
effect on November 15, 1996. This part of the submission remains
incomplete, and it therefore remains illegal to use this blend as a
CFC-12 substitute in motor vehicle air conditioning systems.
b. GHG-X5
GHG-X5, which consists of HCFC-22, HFC-227ea, HCFC-142b, and
isobutane, is acceptable as a substitute for CFC-12 and R-500 in the
following retrofitted and new systems:
Centrifugal and Reciprocating Chillers.
Industrial Process Refrigeration.
Cold Storage Warehouses.
Refrigerated Transport.
Retail Food Refrigeration.
Vending Machines.
Water Coolers.
Commercial Ice Machines.
Household Refrigerators.
Household Freezers.
Residential Dehumidifiers.
Motor Vehicle Air Conditioners (both automotive and non-
automotive).
Because HCFC-22 and HCFC-142b contribute to ozone depletion, they
will be phased out of production. Therefore, these blends will be used
primarily as retrofit refrigerants. However, these blends are also
acceptable for use in new systems. Regulations regarding recycling and
reclamation issued under section 608 of the Clean Air Act apply to
these blends. HCFC-142b has one of the highest ODPs among the HCFCs.
The GWPs of HCFC-22 and HCFC-142b are 1700 and 2000, respectively,
which are somewhat high. However, this concern is mitigated by the
scheduled phaseout of these refrigerants. Although HCFC-142b and
isobutane are flammable, these blends are not. In addition, testing of
this blend has shown that it does not become flammable after leaks. All
components are low in toxicity.
On October 16, 1996, (61 FR 54029), EPA promulgated a final rule
that prospectively applied certain conditions on the use of any
refrigerant used as a substitute for CFC-12 in motor vehicle air
conditioning systems. That rule provided that EPA would list new
refrigerants in future Notices. This Notice marks the first such
determination. Therefore, the use of GHG-X5 as a CFC-12 substitute in
motor vehicle air conditioning systems is governed by the standard
conditions that have been imposed on previous
[[Page 30278]]
refrigerants, including the use of unique fittings designed by the
refrigerant manufacturer, the application of a detailed label, the
removal of the original refrigerant prior to charging with GHG-X5, and
the installation of a high-pressure compressor cutoff switch on systems
equipped with pressure relief devices. In addition, because GHG-X5
contains HCFC-22, barrier hoses must be used with this refrigerant. The
October 16, 1996 rule gives full details on these use conditions, and
it takes precedence in any conflict with this Notice. The fittings to
be used with GHG-X5 are as follows:
----------------------------------------------------------------------------------------------------------------
Thread pitch
Fitting type Diameter (inches) (threads/inch) Thread direction
----------------------------------------------------------------------------------------------------------------
Low-side service port.................... .5625 (9/16)................ 18 Left.
High-side service port................... .5 (8/16)................... 20 Left.
large (>20 lb. containers)............... .5625 (9/16)................ 18 Left.
----------------------------------------------------------------------------------------------------------------
Note: There is no fitting for small cans; until such time as a
fitting is developed and listed in a future notice, it remains
illegal to distribute this product in small cans. The labels will
have an orange background and black text.
c. HCFC-142b/HCFC-22 (ICOR)
This blend, which consists of HCFC-22 and HCFC-142b, is acceptable
as a substitute for CFC-12 in the following retrofitted and new
systems:
Centrifugal and Reciprocating Chillers.
Industrial Process Refrigeration.
Cold Storage Warehouses.
Refrigerated Transport.
Retail Food Refrigeration.
Vending Machines.
Water Coolers.
Commercial Ice Machines.
Household Refrigerators.
Household Freezers.
Residential Dehumidifiers.
Because HCFC-22 and HCFC-142b contribute to ozone depletion, they
will be phased out of production. Therefore, this blend will be used
primarily as a retrofit refrigerant. However, is also acceptable for
use in new systems. Regulations regarding recycling and reclamation
issued under section 608 of the Clean Air Act apply to this blend.
HCFC-142b has one of the highest ODPs among the HCFCs. The GWPs of
HCFC-22 and HCFC-142b are 1700 and 2000, respectively, which are
somewhat high. However, these concerns are mitigated by the scheduled
phaseout of these refrigerants. Although HCFC-142b is flammable, the
blend's worst-case formulation is not. After significant leakage, this
blend may become weakly flammable. However, the worst-case
fractionation will result in 100% HCFC-142b remaining in the system,
which is similar to the result of a significant leak of R-406A, a
refrigerant previously found acceptable. Therefore, this blend should
be at least as safe to use as R-406A. Both components are low in
toxicity.
B. Foam Blowing
1. Clarification on Overlap of Sec. 610 Non-essential Use Ban and SNAP
in the Regulation of Integral Skin Foams
Section 610 of the Clean Air Act required EPA to ban the sale and
distribution of integral skin foam and many other products manufactured
with HCFCs (with the exception of integral skin foam utilized to
provide for motor vehicle safety in accordance with Federal Motor
Vehicle Safety Standards) as of January 1, 1994 (58 FR 69637; 12/30/
93). HCFCs were banned from motor vehicle safety integral skin foam
effective January 1, 1996. See 40 CFR Part 82, Subpart C for details on
integral skin or other products where CFCs and/or HCFCs are prohibited
under the Non-essential Products Ban.
In the initial SNAP listing of acceptable and unacceptable
substitutes for integral skin, EPA listed a number of HCFCs and zero-
ODP substitutes as acceptable (59 FR 13044; March 18, 1994). Users of
substitutes listed under SNAP are, however, subject to all other
environmental, health or safety regulations. Consequently, between
January 1, 1994 and January 1, 1996, only the sale and distribution of
integral skin foam used for motor vehicle safety could legally be
manufactured with HCFCs. After, January 1, 1996 all use of HCFCs was
banned in integral skin foam.
Persons who violate Title VI of the Clean Air Act may be subject to
civil and administrative penalties of up to $25,000 per day for each
violation. Any person who knowingly violates Title VI may be subject to
criminal penalties of imprisonment of up to two years or a fine of up
to $10,000.
2. Acceptable Substitutes
Under section 612 of the Clean Air Act, EPA is authorized to review
substitutes for class I (CFCs) and class II (HCFCs) chemicals. The
following listing expands the list of acceptable substitutes for HCFCs
in integral skin applications. a. Polyurethane Integral Skin Foam
a. Polyurethane Integral Skin Foam
(a) Saturated Light Hydrocarbons C3-C6
Saturated Light Hydrocarbons C3-C6 are acceptable substitutes for
HCFCs in polyurethane integral skin 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 consumer product and other safety
requirements necessary for use of hydrocarbon-blown integral skin foam
would have to be met.
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: May 23, 1994.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
Note: The following Appendix will not appear in the Code of
Federal Regulations.
[[Page 30279]]
Appendix A.--Summary of Acceptable Decisions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Comments
----------------------------------------------------------------------------------------------------------------
Foam Blowing
----------------------------------------------------------------------------------------------------------------
HCFCs, Polyurethane Integral Skin. Saturated Light Acceptable............... Additional investment is
Hydrocarbons C3-C6 likely to be required to
ensure safe handling,
use and shipping.
----------------------------------------------------------------------------------------------------------------
Refrigeration and Air Conditioning
----------------------------------------------------------------------------------------------------------------
CFC-12 Centrifugal and GHG-X5 Acceptable............... Only the composition
Reciprocating Chillers, submitted is acceptable;
Industrial Process Refrigeration, compositions with
Cold Storage Warehouses, different percentages of
Refrigerated Transport, Retail the components require
Food Refrigeration, Vending new submissions.
Machines, Water Coolers,
Commercial Ice Machines,
Household Refrigerators,
Household Freezers, and
Residential Dehumidifiers
(Retrofitted and New).
MT-31 Acceptable............... Only the composition
submitted is acceptable;
compositions with
different percentages of
the components require
new submissions.
HCFC-22/HCFC-142b Acceptable............... Only the composition
submitted is acceptable;
compositions with
different percentages of
the components require
new submissions.
CFC-12 Motor Vehicle Air GHG-X5 Acceptable............... Only the composition
Conditioning, Automotive and Non- submitted is acceptable;
Automotive (Retrofitted and New). compositions with
different percentages of
the components require
new submissions.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 97-14447 Filed 6-2-97; 8:45 am]
BILLING CODE 6560-50-P