[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29034-29041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11871]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0118; FRL-9813-6]
RIN 2060-AG12


Protection of Stratospheric Ozone: Determination 28 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; foam blowing; solvent 
cleaning; adhesives, coatings and inks; and fire suppression sectors.

DATES: This determination is effective on May 17, 2013.

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 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 email at 
[email protected], 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:

[[Page 29035]]

I. Listing of New Acceptable Substitutes
    A. Refrigeration and Air Conditioning
    B. Foam Blowing
    C. Solvent Cleaning
    D. Adhesives, Coatings and Inks
    E. Fire Suppression
II. Section 612 Program
    A. Statutory Requirements and Authority for the SNAP Program
    B. EPA's Regulations Implementing Section 612
    C. How the Regulations for the SNAP Program Work
    D. Additional Information About the SNAP Program
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; 
foam blowing; solvent cleaning; adhesives, coatings and inks; and fire 
suppression sectors. For copies of the full list of substitutes in all 
of the regulated industrial sectors, visit EPA's Ozone Layer Protection 
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 (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. 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.
    As described in this document and elsewhere, including the original 
SNAP rulemaking published in the Federal Register at 59 FR 13044 on 
March 18, 1994, the SNAP program evaluates substitutes within a 
comparative risk framework. The SNAP program compares new substitutes 
both to the ozone-depleting substances being phased out under the 
Montreal Protocol on Substances that Deplete the Ozone Layer and the 
CAA and to other available or potentially available alternatives for 
the same end uses. The environmental and health risk factors that the 
SNAP program considers include ozone depletion potential, flammability, 
toxicity, occupational and consumer health and safety, as well as 
contributions to global warming and other environmental factors. 
Environmental and human health exposures can vary significantly 
depending on the particular application of a substitute--and over time, 
information applicable to a substitute can change. This approach does 
not imply fundamental tradeoffs with respect to different types of 
risk, either to the environment or to human health. EPA recognizes that 
during the nearly two- decade long history of the SNAP program, new 
alternatives and new information about alternatives have emerged. To 
the extent possible, EPA considers new information and improved 
understanding of the risk factors for the environment and human health 
in the context of the available or potentially available alternatives 
for a given use.

A. Refrigeration and Air Conditioning

1. R-442A (RS-50)
    EPA's decision: EPA finds R-442A acceptable as a substitute for use 
in retrofit equipment in:

 Ice skating rinks
 Commercial ice machines
 Retail food refrigeration (rack refrigeration systems only)
R-442A is a blend by weight of 31.1 percent hydrofluorocarbon (HFC)-
125, which is also known as 1,1,1,2,2-pentafluoroethane (Chemical 
Abstracts Service Registry Number [CAS Reg. No.] 354-33-6), 30.0 
percent HFC-134a, which is also known as 1,1,1,2-tetrafluoroethane (CAS 
Reg. No. 811-97-2), 3.0 percent R-152a, which is also known as 1,1-
difluoroethane (CAS Reg. No. 75-37-6)], 5.0 percent HFC-227ea, which is 
also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 431-89-0), 
and 31.1 percent HFC-32, which is also known as difluoromethane (CAS 
Reg. No. 75-10-5). You may find the submission under Docket item EPA-
HQ-OAR-2003-0118-0286 at http://www.regulations.gov.
    Environmental information: R-442A has no ozone depletion potential 
(ODP). Its components (HFC-134a, HFC-125, HFC-227ea, HFC-32 and HFC-
152a) have 100-year integrated (100-yr) global warming potentials 
(GWPs) of 1430,\1\ 3500, 3220, 675 and 124 respectively. If these 
values are weighted by the mass percentage of the components, then R-
442A has a GWP of about 1890. All components of R-442A are exempt from 
the definition of volatile organic compounds (VOC) under CAA 
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. The emissions of this refrigerant will be 
limited given it is subject to the venting prohibition under section 
608(c)(2) of the CAA and EPA's implementing regulations codified at 40 
CFR 82.154(a)(1).
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    \1\ Unless otherwise stated, all GWPs in this document are from: 
IPCC, 2007: Climate Change 2007: The Physical Science Basis. 
Contribution of Working Group I to the Fourth Assessment Report of 
the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, 
M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. 
Miller (eds.)]. Cambridge University Press, Cambridge, United 
Kingdom and New York, NY, USA. This document is accessible at http://www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html.
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    Flammability information: While some components are flammable, R-
442A as formulated and in the worst-case fractionation formulation is 
not flammable.
    Toxicity and exposure data: Potential health effects of this 
substitute include drowsiness, incoordination or dizziness. The 
substitute may also irritate the skin or eyes or cause frostbite. At 
sufficiently high concentrations, the substitute may cause irregular 
heartbeat. The substitute could cause asphyxiation if air is displaced 
by vapors in a confined space. These potential health effects are 
common to many refrigerants.
    EPA anticipates that R-442A will be used consistent with the 
recommendations specified in the Material Safety Data Sheets (MSDSs) 
for the blend and for the individual components. For the blend, the 
manufacturer recommends an acceptable exposure limit (AEL) of 1000 ppm 
on an 8-hour time-weighted average (8-hr TWA). For HFC-134a, HFC-125, 
HFC-32 and HFC-152a, the American Industrial Hygiene Association (AIHA) 
recommends workplace environmental exposure limits (WEELs) of 1000 ppm 
on an 8-hr TWA. In addition, the manufacturer of HFC-227ea recommends 
an AEL of 1000 ppm on an 8-hr TWA. EPA anticipates that users will be 
able to meet workplace exposure limits (WEELs and manufacturer AELs) 
and address potential health risks by following

[[Page 29036]]

requirements and recommendations in the MSDS and other safety 
precautions common to the refrigeration and air conditioning industry.
    Comparison to other refrigerants: R-442A is not ozone-depleting, 
comparable to a number of other acceptable non-ozone-depleting 
substitutes for these end uses such as HFC-134a, R-410A, and R-404A. R-
442A's lack of ozone depletion potential is in contrast to some other 
substitutes, such as R-401A, R-414A and other blends containing HCFC-22 
or HCFC-142b \2\ with ODPs ranging from about 0.01 to about 0.047, and 
HCFC-22 (with an ODP of 0.04 \3\), an ozone-depleting substance which 
it replaces. R-442A's GWP of about 1890 is lower than or comparable to 
that of a number of other substitutes in the same refrigeration and air 
conditioning end uses for which we are finding it acceptable. For 
example, the GWP for R-442A is lower than that of R-404A with a GWP of 
3930 and comparable to that of R-410A with a GWP of 2100. R-442A's GWP 
is, however, higher than that of HFC-134a with a GWP of 1430. The GWP 
of R-442A is also comparable to those of ozone depleting substances it 
is replacing, such as HCFC-22 with a GWP of 1810. Flammability and 
toxicity risks are low, as discussed above, if used in accordance with 
the MSDSs. EPA finds R-442A acceptable for retrofit equipment in the 
end uses listed above because the overall environmental and human 
health risk posed by R-442A is lower than or comparable to the risks 
posed by other substitutes found acceptable in the same end uses for 
retrofit equipment.
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    \2\ Under EPA's phaseout regulations, virgin HCFC-22, HCFC-142b 
and blends containing HCFC-22 or HCFC-142b may only be used to 
service existing appliances. Consequently, virgin HCFC-22, HCFC-142b 
and blends containing HCFC-22 or HCFC-142b may not be used to 
manufacture new pre-charged appliances or appliance components or to 
charge new appliances assembled onsite.
    \3\ Unless otherwise stated, all ODPs in this document are from 
WMO (World Meteorological Organization), 2010. Scientific Assessment 
of Ozone Depletion: 2010, Global Ozone Research and Monitoring 
Project--Report No. 52, 516 pp., Geneva, Switzerland, 2011. This 
document is accessible at http://www.wmo.int/pages/prog/arep/gaw/ozone_2010/ozone_asst_report.html.
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B. Foam Blowing

1. Commercial Blends of HFC-365mfc and HFC-227ea (Solkane[supreg] 365/
227)
    EPA's decision: EPA finds commercial blends of HFC-365mfc and HFC-
227ea, containing 7% to 13% HFC-227ea and the remainder HFC-365mfc, are 
acceptable as substitutes in:

 Rigid polyurethane spray
 Extruded polystyrene, boardstock and billet

    HFC-365mfc is also known as 1,1,3,3,3-pentafluoropropane (CAS Reg. 
No. 138495-42-8), and HFC-227ea is also known as 1,1,1,2,3,3,3-
heptafluoropropane (CAS Reg. No. 431-89-0). The manufacturer produces 
two commercial blends for foam blowing, one containing 93% HFC-365mfc 
and 7% HFC-227ea and the other containing 87% HFC-365mfc and 13% HFC-
227ea, and these are marketed under the trade name Solkane[supreg] 365/
227. You may find the submission under Docket item EPA-HQ-OAR-2003-
0118-0278 at http://www.regulations.gov. EPA previously listed HFC-
365mfc as an acceptable substitute for a number of foam blowing end 
uses (September 30, 2009; 74 FR 50129).
    Environmental information: Blends of HFC-365mfc and HFC-227ea have 
no ODP. HFC-365mfc and HFC-227ea have 100-yr GWPs of 794 and 3220 
respectively. The commercial blends of these components, if weighted by 
mass percentage, have GWPs of roughly 900 to 1100. Both HFC-365mfc and 
HFC-227ea are exempt from the definition of VOC under CAA regulations 
(see 40 CFR 51.100(s)) addressing the development of SIPs to attain and 
maintain the national ambient air quality standards.
    Flammability information: By itself, HFC-365mfc is flammable. The 
commercial blends of HFC-365mfc and HFC-227ea are not flammable as 
formulated. However, care should be taken to follow all precautions in 
the MSDS and any guidance from the manufacturer, in cases where the 
non-flammable HFC-227ea may evaporate before the flammable component 
HFC-365mfc evaporates, especially with open containers of blowing agent 
or polyol premix.
    Toxicity and exposure data: Potential health effects of this 
substitute include drowsiness or dizziness. The substitute may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, the substitute may 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 commercial blends of HFC-365mfc and HFC-227ea 
will be used consistent with the recommendations specified in the MSDSs 
for the blend and for the individual components. For HFC-365mfc, HFC-
227ea and for the blends, the manufacturer recommends an AEL of 1000 
ppm on an 8-hr TWA. EPA anticipates that users will be able to meet the 
manufacturer's AELs and address potential health risks by following 
requirements and recommendations in the MSDS and other safety 
precautions common in the foam blowing industry.
    Comparison to other foam blowing agents: Commercial blends of HFC-
365mfc and HFC-227ea are non-ozone depleting, comparable to a number of 
other acceptable non-ozone-depleting substitutes for these end uses, 
such as HFC-245fa, ecomateTM and CO2. Commercial 
blends of HFC-365mfc and HFC-227ea have no ODP, compared to the 
acceptable substitute trans-1-chloro-3,3,3-trifluoroprop-1-ene with an 
ODP of approximately 0.00024 to 0.00034. The blends' lack of ODP is in 
contrast to an ODP of 1.0 for CFC-11 and an ODP of 0.12 \4\ for HCFC-
141b, ozone depleting substances which they replace. The GWPs of the 
commercial blends of HFC-365mfc and HFC-227ea of 900 to 1100 are lower 
than or comparable to those of some other substitutes in these end uses 
such as HFC-134a with a GWP of 1430 and HFC-245fa with a GWP of 1030. 
The GWP of the non-flammable commercial blends of HFC-365mfc and HFC-
227ea is higher than that for some other acceptable, but flammable, 
substitutes such as HFC-365mfc \5\ alone with a GWP of 794, Exxsol 
Blowing Agents with a GWP less than 10 and ecomateTM with a 
GWP less than 5. The GWPs of the commercial blends of HFC-365mfc and 
HFC-227ea of 900 to 1100 are higher than those of HCFC-141b with a GWP 
of 725 and are lower than CFC-11's GWP of 4750. Flammability and 
toxicity risks are low, as discussed above, if used in accordance with 
the MSDSs. We find that commercial blends of HFC-365mfc and HFC-227ea 
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 uses listed above.
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    \4\ WMO (World Meteorological Organization), Scientific 
Assessment of Ozone Depletion: 2006, Global Ozone Research and 
Monitoring Project--Report No. 50, 572 pp., Geneva, Switzerland, 
2007. This document is accessible at http://www.wmo.int/pages/prog/arep/gaw/ozone_2006/ozone_asst_report.html.
    \5\ HFC-365mfc alone is listed as acceptable in all foam blowing 
end uses with the exception of spray foam.
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C. Solvent Cleaning

1. Trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 
1233zd(E))
    EPA's decision: EPA finds trans-1-chloro-3,3,3-trifluoroprop-1-ene 
acceptable as a substitute in:


[[Page 29037]]


 Metals cleaning
 Electronics cleaning
 Precision cleaning

    Trans-1-chloro-3,3,3-trifluoroprop-1-ene ((E) -1-chloro-3,3,3-
trifluoroprop-1-ene, CAS Reg. No. 102687-65-0) is marketed under the 
trade names SolsticeTM 1233zd(E) and SolsticeTM 
Performance Fluid. EPA previously listed trans-1-chloro-3,3,3-
trifluoroprop-1-ene as an acceptable alternative for various CFCs and 
HCFCs in a number of sectors and end uses (August 10, 2012, 77 FR 
47768). You may find the redacted submission under Docket item EPA-HQ-
OAR-2003-0118-0285 (continuation of Air Docket A-91-42) at http://www.regulations.gov.
    Environmental information: SolsticeTM 1233zd(E) is not 
regulated as an ODS but it has an ODP of 0.00024 to 
0.00034.6 7 Estimates of this compound's potential to 
deplete the ozone layer found that even with worst-case estimates of 
emissions which assume that this compound would substitute for all 
compounds it could replace, the impact on global atmospheric ozone 
abundance would be statistically insignificant.\8\ 
SolsticeTM 1233zd(E) has a 100-yr GWP reported as 4.7 to 7 
and an atmospheric lifetime of approximately 26 days.9 10 
EPA has issued a proposed rule that, if finalized as proposed, would 
exempt SolsticeTM 1233zd(E) from the definition of VOC under 
CAA regulations (see 40 CFR 51.100(s)) addressing the development of 
SIPs to attain and maintain the national ambient air quality standards 
(February 15, 2013; 79 FR 11101, 11119).
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    \6\ Wang D., Olsen S., Wuebbles D. 2011. ``Preliminary Report: 
Analyses of tCFP's Potential Impact on Atmospheric Ozone.'' 
Department of Atmospheric Sciences. University of Illinois, Urbana, 
IL. September 26, 2011.
    \7\ Patten and Wuebbles, 2010. ``Atmospheric Lifetimes and Ozone 
Depletion Potentials of trans-1-chloro-3,3,3-trichloropropylene and 
trans-1,2-dichloroethylene in a three-dimensional model.'' Atmos. 
Chem. Phys., 10, 10867-10874, 2010.
    \8\ Wang et al., 2011. Op. cit.
    \9\ Sulbaek, Andersen, Nilsson, Neilsen, Johnson, Hurley and 
Wallington, ``Atmospheric chemistry of trans-CF3CH=CHCl: Kinetics of 
the gas-phase reactions with Cl atoms, OH radicals, and 
O3'', Jrnl of Photochemistry and Photobiology A: 
Chemistry 199 (2008) 92-97; and Wang D., Olsen S., Wuebbles D. 
Undated. ``Three-Dimensional Model Evaluation of the Global Warming 
Potentials for tCFP.'' Department of Atmospheric Sciences. 
University of Illinois, Urbana, IL. Draft report, undated.
    \10\ Wang et al. 2011 and Sulbaek Andersen et al., 2008. Op cit.
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    Flammability information: SolsticeTM 1233zd(E) is not 
flammable.
    Toxicity and exposure data: Potential health effects of this 
substitute include serious eye irritation, skin irritation, or 
frostbite. It may cause central nervous system effects such as 
drowsiness and dizziness. It could cause asphyxiation if air is 
displaced by vapors in a confined space.
    EPA anticipates that SolsticeTM 1233zd(E) will be used 
consistent with the recommendations specified in the manufacturer's 
MSDS. The manufacturer recommends an AEL of 300 ppm (8-hr TWA) for 
SolsticeTM 1233zd(E). EPA also developed a short-term 
exposure limit (STEL) of 900 ppm over a 15-minute period, based on the 
submitter's 300 ppm AEL value. EPA anticipates that users will be able 
to meet the recommended workplace exposure limits (manufacturer's and 
EPA's) and address potential health risks by following requirements and 
recommendations in the MSDS and other safety precautions commonly used 
in the solvent cleaning industry.
    Comparison to other cleaning solvents: SolsticeTM 
1233zd(E) has an ODP of 0.00024 to 0.00034. This is higher than the ODP 
of a number of acceptable non-ozone-depleting substitutes in these end 
uses such as HFC-4310mee, HFE-7100, acetone, and aqueous cleaners. The 
ODP of SolsticeTM 1233zd(E) is comparable to the ODPs of 
trans-1,2-dichloroethylene and trichloroethylene and an order of 
magnitude lower than the ODP of perchloroethylene, other substitutes in 
the solvent cleaning sector that are not regulated as 
ODS.11 12 SolsticeTM 1233zd(E)'s ODP is several 
orders of magnitude lower than that of ozone-depleting substances it 
replaces, including CFC-113, methyl chloroform, HCFC-225ca and HCFC-
225cb (ODPs ranging from 0.02 to 0.85). SolsticeTM 
1233zd(E)'s GWP of 4.7 to 7 is lower than that of other substitutes in 
the metals, precision and electronics cleaning end uses, such as HFC-
4310mee with a GWP of 1640 and HFE-7100 with a GWP of 297. 
SolsticeTM 1233zd(E), a non-flammable compound, has a GWP 
that is comparable to or slightly higher than that of some other 
acceptable, but flammable, substitutes such as trans-1,2-
dichloroethylene with a GWP less than 10 and acetone with a GWP of less 
than 1. Its climate impacts cannot be compared directly to those of 
aqueous cleaners with no direct GWP. Furthermore, the GWP of 
SolsticeTM 1233zd(E) is several orders of magnitude less 
than those of ozone-depleting substances it replaces, including methyl 
chloroform, CFC-113, HCFC-225ca and HCFC-225cb (GWPs ranging from 122 
to 6,130). Flammability and toxicity risks are low, as discussed above, 
if used in accordance with the MSDS. The potential health effects of 
SolsticeTM 1233zd(E) are common to many solvents, including 
many of those already listed as acceptable under SNAP. EPA finds trans-
1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 1233zd(E)) 
acceptable in the end uses listed above because the overall 
environmental and human health risk posed by SolsticeTM 
1233zd(E) is lower than or comparable to the risks posed by other 
substitutes found acceptable in the same end uses.
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    \11\ Wuebbles and Patten, 2010. Atmospheric lifetimes and Ozone 
Depletion Potentials of trans-1-chloro-3,3,3-trifluoropropylene and 
trans-1,2-dichloroethylene in a three-dimensional model. Atmos. 
Chem. Phys., 10, 10867-10874, 2010.
    \12\ WMO, 2010. Section 1.3.6.2.
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D. Adhesives, Coatings and Inks

1. Trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 
1233zd(E))
    EPA's decision: EPA finds trans-1-chloro-3,3,3-trifluoroprop-1-ene 
acceptable as a substitute carrier solvent in:

 Adhesives
 Coatings

    Trans-1-chloro-3,3,3-trifluoroprop-1-ene ((E) -1-chloro-3,3,3-
trifluoroprop-1-ene, Chemical Abstracts Service Registry Number [CAS 
Reg. No.] 102687-65-0) is marketed under the trade names 
SolsticeTM 1233zd(E) and SolsticeTM Performance 
Fluid. EPA previously listed trans-1-chloro-3,3,3-trifluoroprop-1-ene 
as an acceptable alternative for various CFCs and HCFCs in a number of 
sectors and end uses (August 10, 2012, 77 FR 47768). You may find the 
redacted submission under Docket item EPA-HQ-OAR-2003-0118-0285 
(continuation of Air Docket A-91-42) at http://www.regulations.gov.
    Environmental information: The environmental information for this 
substitute is set forth in the ``Environmental information'' section in 
listing C.1. above.
    Flammability information: SolsticeTM 1233zd(E) is not 
flammable.
    Toxicity and exposure data: The toxicity information for this 
substitute is set forth in the ``Toxicity and exposure data'' section 
in listing C.1. above.
    EPA anticipates that SolsticeTM 1233zd(E) will be used 
consistent with the recommendations specified in the manufacturer's 
MSDS. The manufacturer recommends an AEL of 300 ppm (8-hour TWA) for 
SolsticeTM 1233zd(E). EPA also developed a STEL of 900 ppm 
over a 15-minute period, based on the submitter's 300 ppm AEL value. 
EPA anticipates that users will be able to meet the recommended 
workplace exposure limits (manufacturer and EPA recommendations) and 
address potential health risks by following

[[Page 29038]]

requirements and recommendations in the MSDS and other safety 
precautions common when using adhesives or coatings.
    Comparison to other carrier solvents in adhesives and coatings: 
SolsticeTM 1233zd(E) has an ODP of 0.00024 to 0.00034. This 
is higher than the ODP of a number of substitutes in these end uses 
such as HFE-7100, acetone and ultraviolet-cured formulations and is 
comparable to the ODP of trans-1,2-dichloroethylene, another acceptable 
substitute in the adhesives and coatings end uses that is not regulated 
as an ODS.13 14 SolsticeTM 1233zd(E)'s ODP is 
several orders of magnitude lower than those of ozone-depleting 
substances it replaces, including methyl chloroform and HCFC-141b (ODPs 
respectively of 0.16 and 0.012). SolsticeTM 1233zd(E)'s GWP 
of 4.7 to 7 is lower than that of some substitutes in the adhesives and 
coatings end uses, such as HFE-7100 with a GWP of 297. 
SolsticeTM 1233zd(E), a non-flammable compound, has a GWP 
that is comparable to or slightly higher than that of some other 
acceptable, but flammable, substitutes such as trans-dichloroethylene 
with a GWP less than 10 and acetone with a GWP of less than one. Its 
climate impacts cannot be compared directly to those of ultraviolet-
cured formulations with no direct GWP. Furthermore, the GWP of 
SolsticeTM 1233zd(E) is one to two orders of magnitude less 
than those of methyl chloroform and HCFC-141b, ozone-depleting 
substances in these end uses (GWPs ranging from 146 to 725). 
Flammability and toxicity risks are low, as discussed above, if used in 
accordance with the MSDS. The potential health effects of 
SolsticeTM 1233zd(E) are common to many carrier solvents, 
including many of those already listed as acceptable under SNAP. EPA 
finds trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 
1233zd(E)) acceptable in the end uses listed above because the overall 
environmental and human health risk posed by SolsticeTM 
1233zd(E) is lower than or comparable to the risks posed by other 
substitutes found acceptable in the same end uses.
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    \13\ Op cit.
    \14\ Op cit.
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E. Fire Suppression

1. K-Ace
    EPA's decision: EPA finds K-Ace acceptable as a substitute for 
total flooding uses in both occupied and unoccupied areas.
    K-Ace is a blend by weight of 50% percent potassium acetate, which 
is also known as C2H3KO2 (CAS Reg. No. 
127-08-2), and 50% water (CAS Reg. No. 7732-18-5). You may find the 
submission under Docket item EPA-HQ-OAR-2003-0118-0320 (continuation of 
Air Docket A-91-42) at http://www.regulations.gov.
    Environmental information: K-Ace has no ODP and no GWP. K-Ace does 
not contain any VOC as defined under CAA regulations (see 40 CFR 
51.100(s)) addressing the development of SIPs to attain and maintain 
the national ambient air quality standards.
    K-Ace is expected to aerosolize rapidly during expulsion from the 
fire suppression system and then settle as a salt water film on 
surfaces in the space being protected, rather than becoming airborne 
and moving to surface waters. After settling, cleanup would involve 
confining the release and recovering as much of the solution as 
possible, and washing or rinsing of surfaces. During cleanup, we 
recommend that discharges of K-Ace be disposed of in accordance with 
local, state, and federal requirements and the manufacturer's MSDS.
    Flammability information: K-Ace is not flammable.
    Toxicity and exposure data: K-Ace is not expected to pose a risk to 
human health, as the active ingredient is potassium acetate, which is 
commonly used in pharmaceuticals, foods, and textiles. Potassium 
acetate is approved by the U.S. Food and Drug Administration (FDA) as a 
synthetic flavoring (21 CFR 172.515) and to treat diabetic ketoacidosis 
via injection (FDA Application No. NDA 018896). Potassium acetate may 
cause gastrointestinal discomfort or minor irritation to the eyes, 
skin, or respiratory tract. Given the low toxicity of its constituents, 
EPA expects no adverse health effects when the recommended safety 
precautions and normal industry practices are applied and use of the 
substitute is in accordance with the manufacturer's MSDS. To minimize 
worker exposure to any chemicals during manufacture, installation, and 
maintenance through an accidental release or spill, EPA has outlined 
the following recommendations in accordance with established good 
manufacturing practices:
     Training in safe handling procedures for employees that 
would likely handle containers of K-Ace or extinguishing units filled 
with the material;
     Use of PPE selected in accordance with the OSHA Technical 
Manual by employees handling the proposed substitute;
     Adequate ventilation;
     Clean-up of all spills immediately in accordance with good 
industrial hygiene practices.
    Comparison to other fire suppressants: K-Ace has no ODP or GWP. K-
Ace's ODP of zero is comparable to those of other acceptable non-ozone-
depleting substitutes for this end use, such as Cold Fire[supreg], 
Inert Gas 541, HFC-227ea, and HFC-125, and in contrast to Halon 1301, 
an ODS which it replaces, with an ODP of 16.. K-Ace's GWP of zero is 
less than that of a number of other acceptable substitutes for this end 
use, such as HFC-227ea with a GWP of 3220 and HFC-125 with a GWP of 
3500 and is comparable to that of other acceptable substitutes for this 
end use, such as Cold Fire[supreg] with a GWP of 0 and Inert Gas 541 
with a GWP of 0. Furthermore, K-Ace's GWP is lower than that of Halon 
1301, an ODS it replaces, with a direct GWP of 7140. Toxicity risks are 
low, as discussed above, if used in accordance with the MSDS. EPA finds 
K-Ace acceptable in the end use listed above because the overall 
environmental and human health risk posed by K-Ace is lower than or 
comparable to the risks posed by other substitutes found acceptable in 
the same end use.

II. Section 612 Program

A. Statutory Requirements and Authority for the SNAP Program

    Section 612 of the Clean Air Act (CAA) requires EPA to develop a 
program for evaluating alternatives to ozone-depleting substances 
(ODSs). 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 substance (chlorofluorocarbon, halon, carbon 
tetrachloride, methyl chloroform, and hydrobromofluorocarbon) or class 
II substance (hydrochlorofluorocarbon) 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

[[Page 29039]]

acceptable alternatives for specific uses. The list of acceptable 
substitutes may be found at http://www.epa.gov/ozone/snap/lists/index.html and the lists of ``unacceptable,'' ``acceptable subject to 
use conditions,'' and ``acceptable subject to narrowed use limits'' 
substitutes are found in the appendices to subpart G of 40 CFR part 82.
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.

B. 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 (subpart G of 40 CFR 
part 82). These sectors--refrigeration and air conditioning; foam 
blowing; cleaning solvents; fire suppression and explosion protection; 
sterilants; aerosols; adhesives, coatings and inks; and tobacco 
expansion--are the principal industrial sectors that historically 
consumed the largest volumes of ODS.
    Section 612 of the CAA requires EPA to list as acceptable those 
substitutes that do not present a significantly greater risk to human 
health and the environment as compared with other substitutes that are 
currently or potentially available.

C. How the Regulations for the SNAP Program Work

    Under the SNAP regulations, anyone who plans to market or produce a 
substitute to replace a class I substance or class II substance in one 
of the eight major industrial use sectors must provide notice to the 
Agency, including health and safety information on the substitute, at 
least 90 days before introducing it into interstate commerce for 
significant new use as an alternative. 40 CFR 82.176(a). This 
requirement applies to the persons planning to introduce the substitute 
into interstate commerce,\15\ which typically are chemical 
manufacturers but may include importers, formulators, equipment 
manufacturers, and end-users when they are responsible for introducing 
a substitute into commerce.\16\ The 90-day SNAP review process begins 
once EPA receives the submission and determines that the submission 
includes complete and adequate data. 40 CFR 82.180(a). The CAA and the 
SNAP regulations, 40 CFR 82.174(a), prohibit use of a substitute 
earlier than 90 days after notice has been provided to the Agency.
---------------------------------------------------------------------------

    \15\ As defined at 40 CFR 82.104, ``interstate commerce'' means 
the distribution or transportation of any product between one state, 
territory, possession or the District of Columbia, and another 
state, territory, possession or the District of Columbia, or the 
sale, use or manufacture of any product in more than one state, 
territory, possession or District of Columbia. The entry points for 
which a product is introduced into interstate commerce are the 
release of a product from the facility in which the product was 
manufactured, the entry into a warehouse from which the domestic 
manufacturer releases the product for sale or distribution, and at 
the site of United States Customs clearance.
    \16\ As defined at 40 CFR 82.172, ``end-use'' means processes or 
classes of specific applications within major industrial sectors 
where a substitute is used to replace an ODS.
---------------------------------------------------------------------------

    The Agency has identified four possible decision categories for 
substitutes that are submitted for evaluation: acceptable; acceptable 
subject to use conditions; acceptable subject to narrowed use limits; 
and unacceptable \17\ (40 CFR 82.180(b)). Use conditions and narrowed 
use limits are both considered ``use restrictions'' and are explained 
below. Substitutes that are deemed acceptable with no use restrictions 
(no use conditions or narrowed use limits) can be used for all 
applications within the relevant end-uses within the sector. 
Substitutes that are acceptable subject to use restrictions may be used 
only in accordance with those restrictions.
---------------------------------------------------------------------------

    \17\ The SNAP regulations also include ``pending,'' referring to 
submissions for which EPA has not reached a determination, under 
this provision.
---------------------------------------------------------------------------

    After reviewing a substitute, the Agency may make a determination 
that a substitute is acceptable only if certain conditions in the way 
that the substitute is used are met to minimize risks to human health 
and the environment. EPA describes such substitutes as ``acceptable 
subject to use conditions.'' Entities that use these substitutes 
without meeting the associated use conditions are in violation of EPA's 
SNAP regulations. 40 CFR 82.174(c).
    For some substitutes, the Agency may permit a narrowed range of use 
within an end-use or sector. For example, the Agency may limit the use 
of a substitute to certain end-uses or specific applications within an 
industry sector. EPA describes these substitutes as ``acceptable 
subject to narrowed use limits.'' A person using a substitute that is 
acceptable subject to narrowed use limits in applications and end-uses 
that are not consistent with the narrowed use limit is using the 
substitute in an unacceptable manner and is in violation of section 612 
of the CAA and EPA's SNAP regulations. 40 CFR 82.174(c).
    The Agency publishes its SNAP program decisions in the Federal 
Register (FR). EPA publishes decisions concerning substitutes that are 
deemed acceptable subject to use restrictions (use conditions and/or 
narrowed use limits), or substitutes deemed unacceptable, as proposed 
rulemakings to provide the public with an opportunity to comment, 
before publishing final decisions.
    In contrast, EPA publishes decisions concerning substitutes that 
are deemed acceptable with no restrictions as ``notices of 
acceptability'' or ``determinations of acceptability,'' rather than as 
proposed and final rules. As described in the preamble to the rule 
initially implementing the SNAP program in the Federal Register at 59 
FR 13044 on March 18, 1994, EPA does not believe that rulemaking 
procedures are necessary to list alternatives that are acceptable 
without restrictions because such listings neither impose any sanction 
nor prevent anyone from using a substitute.

D. Additional Information About the SNAP Program

    For copies of the comprehensive SNAP lists of substitutes or 
additional information on SNAP, refer to EPA's

[[Page 29040]]

Ozone Depletion Web site at: www.epa.gov/ozone/snap/index.html. 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 in the Federal Register at 59 FR 13044 on March 18, 
1994, codified at 40 CFR part 82, subpart G. A complete chronology of 
SNAP decisions and the appropriate citations is found at: http://www.epa.gov/ozone/snap/chron.html.

List of Subjects in 40 CFR Part 82

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

    Dated: May 3, 2013.
Sarah Dunham,
Director, Office of Atmospheric Programs.

Appendix A: Summary of Acceptable Decisions

                                       Refrigeration and Air Conditioning
----------------------------------------------------------------------------------------------------------------
              End-Use                       Substitute                 Decision         Further information \1\
----------------------------------------------------------------------------------------------------------------
Ice skating rinks (retrofit only).  R-442A (RS-50)............  Acceptable...........  The manufacturer has an
                                                                                        acceptable exposure
                                                                                        limit of 1000 ppm over
                                                                                        an 8-hour time-weighted
                                                                                        average for R-442A.
Commercial ice machines (retrofit   R-442A (RS-50)............  Acceptable...........  The manufacturer has an
 only).                                                                                 acceptable exposure
                                                                                        limit of 1000 ppm over
                                                                                        an 8-hour time-weighted
                                                                                        average for R-442A.
Retail food refrigeration (rack     R-442A (RS-50)............  Acceptable...........  The manufacturer has an
 refrigeration systems only)                                                            acceptable exposure
 (retrofit only).                                                                       limit of 1000 ppm over
                                                                                        an 8-hour time-weighted
                                                                                        average for R-442A.
----------------------------------------------------------------------------------------------------------------
\1\ Follow all precautions in the MSDS and any guidance from the manufacturer.


                                               Foam Blowing Agents
----------------------------------------------------------------------------------------------------------------
              End-Use                       Substitute                 Decision         Further information \1\
----------------------------------------------------------------------------------------------------------------
Rigid polyurethane spray..........  Commercial blends of HFC-   Acceptable...........  The manufacturer has an
                                     365mfc and HFC-227ea                               acceptable exposure
                                     containing 7% to 13% HFC-                          limit of 1000 ppm over
                                     227ea and the remainder                            an 8-hour time-weighted
                                     HFC-365mfc                                         average for HFC-365mfc/
                                     (Solkane[supreg] 365/227).                         HFC-227ea.
                                                                                       Care should be taken to
                                                                                        follow all precautions
                                                                                        in the MSDS and any
                                                                                        guidance from the
                                                                                        manufacturer,
                                                                                        particularly in cases
                                                                                        where the non-flammable
                                                                                        HFC-227ea may evaporate
                                                                                        before the flammable
                                                                                        component, HFC-365mfc,
                                                                                        evaporates, especially
                                                                                        with open containers of
                                                                                        blowing agent or polyol
                                                                                        premix.
Extruded polystyrene, boardstock    Commercial blends of HFC-   Acceptable...........  The manufacturer has an
 and billet.                         365mfc and HFC-227ea                               acceptable exposure
                                     containing 7% to 13% HFC-                          limit of 1000 ppm over
                                     227ea and the remainder                            an 8-hour time-weighted
                                     HFC-365mfc                                         average for HFC-365mfc/
                                     (Solkane[supreg] 365/227).                         HFC-227ea.
                                                                                       Care should be taken to
                                                                                        follow all precautions
                                                                                        in the MSDS and any
                                                                                        guidance from the
                                                                                        manufacturer,
                                                                                        particularly in cases
                                                                                        where the non-flammable
                                                                                        HFC-227ea may evaporate
                                                                                        before the flammable
                                                                                        component, HFC-365mfc,
                                                                                        evaporates, especially
                                                                                        with open containers of
                                                                                        blowing agent or polyol
                                                                                        premix.
----------------------------------------------------------------------------------------------------------------
\1\ Follow all precautions in the MSDS and any guidance from the manufacturer.


                                                Solvent Cleaning
----------------------------------------------------------------------------------------------------------------
             End-Uses                       Substitute                 Decision           Further information
----------------------------------------------------------------------------------------------------------------
Metals cleaning...................  Trans-1-chloro-3,3,3-       Acceptable...........  Trans-1-chloro-3,3,3-
                                     trifluoroprop-1-ene                                trifluoroprop-1-ene has
                                     (SolsticeTM 1233zd(E)).                            an ODP of approximately
                                                                                        0.00024 at temperate
                                                                                        latitudes. It has a 100-
                                                                                        year global warming
                                                                                        potential of 4.7 to 7.
                                                                                        Its Chemical Abstracts
                                                                                        Service Registry number
                                                                                        (CAS Reg. No.) is 102687-
                                                                                        65-0.
Electronics cleaning..............                                                     The manufacturer
                                                                                        recommends an acceptable
                                                                                        exposure limit of 300
                                                                                        ppm over an 8-hour time-
                                                                                        weighted average for
                                                                                        trans-1-chloro-3,3,3-
                                                                                        trifluoroprop-1-ene.

[[Page 29041]]

 
Precision cleaning................                                                     Note that this substitute
                                                                                        boils at room
                                                                                        temperature. Therefore,
                                                                                        EPA recommends using
                                                                                        this substitute in
                                                                                        equipment designed to
                                                                                        minimize solvent losses,
                                                                                        emissions and worker
                                                                                        exposure. Examples of
                                                                                        such equipment include
                                                                                        containers with
                                                                                        connected hoses and
                                                                                        valves that allow for
                                                                                        direct transfer of the
                                                                                        solvent to cleaning
                                                                                        equipment without
                                                                                        opening of the storage
                                                                                        container, and enclosed
                                                                                        or low-emission cleaning
                                                                                        equipment.
                                                                                       Observe recommendations
                                                                                        in the manufacturer's
                                                                                        MSDS and guidance for
                                                                                        using this substitute.
----------------------------------------------------------------------------------------------------------------


                                          Adhesives, Coatings and Inks
----------------------------------------------------------------------------------------------------------------
             End-Uses                       Substitute                 Decision           Further information
----------------------------------------------------------------------------------------------------------------
Adhesives.........................  Trans-1-chloro-3,3,3-       Acceptable...........  Trans-1-chloro-3,3,3-
                                     trifluoroprop-1-ene                                trifluoroprop-1-ene has
                                     (Solstice\TM\ 1233zd(E)).                          an ODP of approximately
                                                                                        0.00024 at temperate
                                                                                        latitudes. It has a 100-
                                                                                        year global warming
                                                                                        potential of 4.7 to 7.
                                                                                        Its Chemical Abstracts
                                                                                        Service Registry number
                                                                                        (CAS Reg. No.) is 102687-
                                                                                        65-0.
Coatings..........................                                                     The manufacturer
                                                                                        recommends an acceptable
                                                                                        exposure limit of 300
                                                                                        ppm over an 8-hour time-
                                                                                        weighted average for
                                                                                        trans-1-chloro-3,3,3-
                                                                                        trifluoroprop-1-ene.
                                                                                       Note that this substitute
                                                                                        boils at room
                                                                                        temperature, which may
                                                                                        require some adjustments
                                                                                        when switching to this
                                                                                        substitute. At this
                                                                                        time, it appears to be
                                                                                        particularly suitable
                                                                                        for spray adhesive
                                                                                        applications and dip
                                                                                        coatings.
                                                                                       Observe recommendations
                                                                                        in the manufacturer's
                                                                                        MSDS and guidance for
                                                                                        using this substitute.
----------------------------------------------------------------------------------------------------------------


                                                Fire Suppression
----------------------------------------------------------------------------------------------------------------
              End-Use                       Substitute                 Decision         Further information 1 2
----------------------------------------------------------------------------------------------------------------
Total flooding systems (occupied    K-Ace (solution of 50%      Acceptable...........  EPA recommends that use
 and unoccupied areas).              potassium acetate and 50%                          of this system should be
                                     water)..                                           in accordance with the
                                                                                        manufacturer's MSDS.
----------------------------------------------------------------------------------------------------------------
\1\ EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting the
  appropriate types of personal protective equipment for all listed fire suppression agents. EPA has no
  intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment
  (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
  occupational safety and health standard with respect to halon substitutes.
\2\ Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR
  Part 1910, subpart L, sections 1910.160 and 1910.162.

[FR Doc. 2013-11871 Filed 5-16-13; 8:45 am]
BILLING CODE 6560-50-P